alexmat01
01-13 04:36 AM
I had applied for a visa back in 2007 and the initial approval was for 3 years till 2010 Oct.I have 9 years of IT exp and I have been in US before on a H1B visa through a top Indian IT firm for 2 years. The visa that I applied in 2007 is through a small but well functioning IT consulting firm. I lived in India then but now I am working in Toronto in Canada.
Because of the recession and bad market I couldnt make a move and I didnt get the visa stamped on my passport too after the approval
Since the market is getting better, I plan to get it stamped the coming year as and when I get a job opportunity. Since the initial approval was till 2010 and I never got it stamped, can I still schedule for stamping now or should I go for an entirely new one now. As the visa runs for 6 years, would I be able to use it only till 2013 (6 years from 2007) or once I get it stamped this year (2010) , I can use it till 2016 ?
I heard that embassies scrutinize each case for fraud (although mine is based on real skills and job opportunities) I just want to avoid any issue with the stamping. I rather then go for a new visa if such a risk exists ( to avoid such an investigation or enquiry shadowing future prospects)
If it comes to me applying for a new visa, would I be subject to cap again or am I cap free as I have been counted earlier in 2007 ?
Thanks a ton for your service and pls help me out.
Regards,
Alex
Because of the recession and bad market I couldnt make a move and I didnt get the visa stamped on my passport too after the approval
Since the market is getting better, I plan to get it stamped the coming year as and when I get a job opportunity. Since the initial approval was till 2010 and I never got it stamped, can I still schedule for stamping now or should I go for an entirely new one now. As the visa runs for 6 years, would I be able to use it only till 2013 (6 years from 2007) or once I get it stamped this year (2010) , I can use it till 2016 ?
I heard that embassies scrutinize each case for fraud (although mine is based on real skills and job opportunities) I just want to avoid any issue with the stamping. I rather then go for a new visa if such a risk exists ( to avoid such an investigation or enquiry shadowing future prospects)
If it comes to me applying for a new visa, would I be subject to cap again or am I cap free as I have been counted earlier in 2007 ?
Thanks a ton for your service and pls help me out.
Regards,
Alex
dreamworld
11-09 02:58 PM
If No I-94 attached with the approval notice then you need to get the stamping when you tavel outside the country.
dealsnet
07-27 02:03 PM
Since you are in tight spot, you need to consult good and experienced lawyers.
Do not go to an ordinary lawyer for this.
Consult good lawyers such as SHUSTERMAN Immigration Attorneys, Consultation with an Immigration Lawyer, IMMIGRATION TO THE UNITED STATES: THE ESSENTIAL GUIDE, U.S. Immigration. Written by a Former INS Trial Attorney (1976-82) with Over 30 Years of Immigration Law Experience. Law Offices of (http://shusterman.com), Murthy, Khanna, Ron Gotcher Welcome to the Immigration Information (ImmInfo) main page. (http://imminfo.com/)
You are in a pretty tight spot my friend. I think a lawyer is the best person to answer these questions since you are walking a very fine line here. I dont want you to rely on advice on this forum and then later find out that you were out of status and that triggers another set of challenges to deal with later. So consult a lawyer and see if he/she feels that you can stay back in US pending H1 approval. Else I would advice moving out for 1 Yr and starting things on clean slate.
Do not go to an ordinary lawyer for this.
Consult good lawyers such as SHUSTERMAN Immigration Attorneys, Consultation with an Immigration Lawyer, IMMIGRATION TO THE UNITED STATES: THE ESSENTIAL GUIDE, U.S. Immigration. Written by a Former INS Trial Attorney (1976-82) with Over 30 Years of Immigration Law Experience. Law Offices of (http://shusterman.com), Murthy, Khanna, Ron Gotcher Welcome to the Immigration Information (ImmInfo) main page. (http://imminfo.com/)
You are in a pretty tight spot my friend. I think a lawyer is the best person to answer these questions since you are walking a very fine line here. I dont want you to rely on advice on this forum and then later find out that you were out of status and that triggers another set of challenges to deal with later. So consult a lawyer and see if he/she feels that you can stay back in US pending H1 approval. Else I would advice moving out for 1 Yr and starting things on clean slate.
abhishek101
03-25 01:54 PM
Finally, someone who thinks long-term. That is why I had mentioned that we need to go beyond our immediate benefits and think longterm.
Also, people with Masters in Computer Science are also eligible, so for the many nay sayers, grunt IT work is not interesting to US govt., but there is still a lot of innovation going on in core Computer Science.
I agree fully. If we get only one thing to say it should be getting the soft limit back. It is something that already exists in current immigration system and can be defended easily. Once we have got that as an amendment we should start pushing for other things.
I always believe in One step at a time and in picking your fights. We all would love to get everything right now but a wise thing would be choose the most important fight.
SO my Vote : Reinstate Soft Quota.
Also, people with Masters in Computer Science are also eligible, so for the many nay sayers, grunt IT work is not interesting to US govt., but there is still a lot of innovation going on in core Computer Science.
I agree fully. If we get only one thing to say it should be getting the soft limit back. It is something that already exists in current immigration system and can be defended easily. Once we have got that as an amendment we should start pushing for other things.
I always believe in One step at a time and in picking your fights. We all would love to get everything right now but a wise thing would be choose the most important fight.
SO my Vote : Reinstate Soft Quota.
more...
devikas81
06-19 03:44 PM
I am on similar situation....I really appreciate if someone can advise on it...
Thanks in advance...
Thanks in advance...
msyedy
04-18 01:12 PM
Look how desperate we have become, someone is ready to shell 10k per family member to get GC.
I agree and disagree with you guys.
I disagree because, we all are legal immigrants, we have to be given priority as the American economy needs people like us. H1-B not only means growth in tech but also economy. All the H1-B personnel spend a good amount of money here on (Rent, car, insurance, food, travel) with all this new jobs and much more will be benificial to this country.
We should not be charged such amount to get what we deserve.
On the other hand- I agree to pay 10k per familiy member because, we are stuck at one place with lots of problems without GC.
Most of us are not sure whether they will be staying at one place to do an investments like buying a house. Wife cant work etc.
Keeping all the above in mind even If we loose 10k per member we will make that in less then 6 months when compared to waiting for a GC for years.
I agree and disagree with you guys.
I disagree because, we all are legal immigrants, we have to be given priority as the American economy needs people like us. H1-B not only means growth in tech but also economy. All the H1-B personnel spend a good amount of money here on (Rent, car, insurance, food, travel) with all this new jobs and much more will be benificial to this country.
We should not be charged such amount to get what we deserve.
On the other hand- I agree to pay 10k per familiy member because, we are stuck at one place with lots of problems without GC.
Most of us are not sure whether they will be staying at one place to do an investments like buying a house. Wife cant work etc.
Keeping all the above in mind even If we loose 10k per member we will make that in less then 6 months when compared to waiting for a GC for years.
more...
a_to_z_gc
09-12 03:17 PM
Does anyone know what time it may take for FP notices to arrive for guys whose cases were Xfered to CSC?
i got mine in 1 week after the ckecks were cashed and RN mailed.
i got mine in 1 week after the ckecks were cashed and RN mailed.
trueguy
08-11 11:23 AM
We don't have a poll for 2004 dates, true guy has dates before Jan 2004 and you have it starting from Jan 2005
ok guys, I will start a new poll starting from 2000 till 2010. Plz give me few minutes
ok guys, I will start a new poll starting from 2000 till 2010. Plz give me few minutes
more...
venky08
09-25 09:50 AM
this is a good find! they need to have 3 year extensions on EAD
They have been talking about this since 2004 - http://www.murthy.com/news/n_extead.html - but nobody has done anything about it as far as I know.
They have been talking about this since 2004 - http://www.murthy.com/news/n_extead.html - but nobody has done anything about it as far as I know.
gcformeornot
06-30 10:29 AM
bumping up:mad:
more...
bajrangbali
02-25 08:56 PM
Consult immigration lawyer and try to keep the time out of status to a minimum. Do not try to take chances, times are tough and everything is being looked through when it comes to immigration. Wish you luck friend!
mp70
07-19 08:15 AM
It is good to carry all possible documents. However for extensions they just check the I-797 along with the DS-156 and 157. They did not ask any other document. Hope this helped. Regards - MP70.
more...
panky72
06-18 04:42 PM
No one ever has gone to court over a Noncompete agreement issue. No one will.
I don't know about IT but in other professions people go to court all the time. I have seen several cases.
I don't know about IT but in other professions people go to court all the time. I have seen several cases.
sledge_hammer
04-05 07:42 PM
Does anyone have recommendation for a tax consultant in northern VA?
more...
waitingmygc
04-19 12:44 PM
@waitingmygc - What you are saying is plain garbage. The OP has all the more reasons to worry if his employer is a consulting company. These firms send their consultants to various client locations, but don't file for LCAs each time.
@OP - It is very strange to see USCIS is going back to see if any LCA violation occurred at this stage of your application. You will need a good attorney on your side. Good luck!
sledge_hammer,
I like people like you for criticizing the post without any reason.
If you could have read the post carefully, it has been mentioned that if anyone has all the proper LCA and his/her employer is consulting company then no need to worry.
I know lot of my friends got GC last year through consulting companies and worked in past where client location different than employer location. Moreover, couple of them got same RFE and they responded it by mentioning client location they worked for their employer (IT consulting company) and keeping all the previous LCA ready in case. I hope it will help those in same situation.
@OP - It is very strange to see USCIS is going back to see if any LCA violation occurred at this stage of your application. You will need a good attorney on your side. Good luck!
sledge_hammer,
I like people like you for criticizing the post without any reason.
If you could have read the post carefully, it has been mentioned that if anyone has all the proper LCA and his/her employer is consulting company then no need to worry.
I know lot of my friends got GC last year through consulting companies and worked in past where client location different than employer location. Moreover, couple of them got same RFE and they responded it by mentioning client location they worked for their employer (IT consulting company) and keeping all the previous LCA ready in case. I hope it will help those in same situation.
lvinaykumar
04-12 11:40 AM
ImmigratoinVoice does not have a entry in wikipedia. I think we should create this entry. And put as much information as possible. It will help us getting more people
more...
shree09
08-07 02:55 PM
Hi,
I need some info. about whether it is good idea to do Canadian PR Landing and H1B extension stamping in one visit to Canada?
Here is the situation:
------------------
1. I got Canadian PR approval. I have submitted passport for stamping. After They mail it back to me, I need to travel to Canada(want to go to Vancouver) and at the border apply for PR Landing forms.
2. I have H1B extension approval but need stamping as I need to travel to INdia later this year on vacation. So when I go to canada, can I go to US Consulate apply for stamping and come back to US with same stamping???
I dont have AP so I cannot come back to US without the stamping. So what is the best solution in this case.?
I need to land in Canada before May 2008.
Your help will be greatly appreciated
Thanks
I need some info. about whether it is good idea to do Canadian PR Landing and H1B extension stamping in one visit to Canada?
Here is the situation:
------------------
1. I got Canadian PR approval. I have submitted passport for stamping. After They mail it back to me, I need to travel to Canada(want to go to Vancouver) and at the border apply for PR Landing forms.
2. I have H1B extension approval but need stamping as I need to travel to INdia later this year on vacation. So when I go to canada, can I go to US Consulate apply for stamping and come back to US with same stamping???
I dont have AP so I cannot come back to US without the stamping. So what is the best solution in this case.?
I need to land in Canada before May 2008.
Your help will be greatly appreciated
Thanks
met3259
07-18 05:07 PM
What is FB of 226,000 ?
see above
see above
abhishek101
03-25 01:54 PM
Finally, someone who thinks long-term. That is why I had mentioned that we need to go beyond our immediate benefits and think longterm.
Also, people with Masters in Computer Science are also eligible, so for the many nay sayers, grunt IT work is not interesting to US govt., but there is still a lot of innovation going on in core Computer Science.
I agree fully. If we get only one thing to say it should be getting the soft limit back. It is something that already exists in current immigration system and can be defended easily. Once we have got that as an amendment we should start pushing for other things.
I always believe in One step at a time and in picking your fights. We all would love to get everything right now but a wise thing would be choose the most important fight.
SO my Vote : Reinstate Soft Quota.
Also, people with Masters in Computer Science are also eligible, so for the many nay sayers, grunt IT work is not interesting to US govt., but there is still a lot of innovation going on in core Computer Science.
I agree fully. If we get only one thing to say it should be getting the soft limit back. It is something that already exists in current immigration system and can be defended easily. Once we have got that as an amendment we should start pushing for other things.
I always believe in One step at a time and in picking your fights. We all would love to get everything right now but a wise thing would be choose the most important fight.
SO my Vote : Reinstate Soft Quota.
overseas
08-23 07:14 PM
Hi Andhrawala,
I'm not at all surprised if USCIS call center people give conflicting information. When I called they asked me to file in Texas but gave me wrong P.O. Box number and wrong zip code.
In the EAD/AP filing instructions form in the USCIS website, it is clearly mentioned that we have to file EAD/AP as per the state we live in and not as per where our I-485 is present.
As my lawyer also told the same thing, I went ahead and sent my application to Texas service center. (I wasted 2 weeks in this dilemma though!) I'm kind of hoping that if I get a query or something later, I can say that I followed instructions at USCIS website.
I would say get in touch with your companies lawyer one time. Also call USCIS service center one more time and see what they will say this time. :-)
I'm not at all surprised if USCIS call center people give conflicting information. When I called they asked me to file in Texas but gave me wrong P.O. Box number and wrong zip code.
In the EAD/AP filing instructions form in the USCIS website, it is clearly mentioned that we have to file EAD/AP as per the state we live in and not as per where our I-485 is present.
As my lawyer also told the same thing, I went ahead and sent my application to Texas service center. (I wasted 2 weeks in this dilemma though!) I'm kind of hoping that if I get a query or something later, I can say that I followed instructions at USCIS website.
I would say get in touch with your companies lawyer one time. Also call USCIS service center one more time and see what they will say this time. :-)
nousername
10-09 06:48 PM
Not sure what they do in the secondary inspection.. In my case they asked no questions at all.. Just asked me to sit and wait while they entered / checked something in their system. I was in and out within 20 mnts.
What is the secondary inspection about? Is it just sitting and waiting while they do some checks on our file or do we have to answer some questions? Please let me know
Thanks
What is the secondary inspection about? Is it just sitting and waiting while they do some checks on our file or do we have to answer some questions? Please let me know
Thanks
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