starscream
08-27 05:00 PM
VFS website for booking H1B stamping appointments in India seems to have added a new question when booking a H1B appointment.
The question is "Are you applying for same visa class that expired in the last 12 months?*" and they have defined the Visa renewal criteria (which I have pasted below) in order to answer this question. Yes- means you are seeking a appointment for visa renewal and No - means your appt is NOT for visa renewal.
Can somebody advice if me and my wife would fall under the visa renewal category. The last US visa on my passport is F1. My H1b status started in May 2004 and I am now in my 4rth year of H1B. In between I changed employer and my H1 is now valid upto October 2008. But I have NOT travelled outside the country after my H1B status began in May 2004. Hence I am going to get my H1B stamped for the first time. In my wife's case also her last stamp is F1 and she went from F1 to H4 this year so she is also going to get her H4 stamped for the first time. Do we answer YES (appt for visa renewal) or NO(appt not for visa renewal). We are booking a appointment at the Mumbai consulate.
The below is the visa renewal criteria as defined on the website:
Visa renewal appointments are available to visa applicants who:
have a U.S. visa that has expired less than 12 months ago.
wish to apply for the same category visa (work, business, tourist, etc.)
are Indian nationals (hold Indian passports)
are resident in the New Delhi, Chennai, or Mumbai consular districts (this category is not available to Kolkata based applicants).
The following applicants do NOT qualify for appointments in the visa renewal category:
Applicants who have never had a US visa.
Applicants who have a U.S. visa that expired more than 12 months ago.
Applicants applying for a different category visa (e.g. had a student visa, now applying for a work visa).
Non Indian passport holders
Applicants applying at the U.S. Consulate in Kolkata.
First time H4 or L2 applicants under 18 years of age. (If you have recently married a H1b or L1 visa holder but have never had a visa interview for a visa in the H/L category, you may not schedule in the renewal category.)
Applicants applying for more than one visa at the same time (e.g. F and B1/B2).
Applicants applying for entertainment/performance visas(P3 category).
Applicants applying for unskilled worker visas (H2b category).
All visa renewal applicants should bring the following documents to the Embassy/Consulate Consular Section on the day of their appointment:
Current, valid passport
Passports containing previously issued U.S. visas
As applicable, I-797 (H and L), I-20 (F & M students), DS-2019 (J visa applicants)
The question is "Are you applying for same visa class that expired in the last 12 months?*" and they have defined the Visa renewal criteria (which I have pasted below) in order to answer this question. Yes- means you are seeking a appointment for visa renewal and No - means your appt is NOT for visa renewal.
Can somebody advice if me and my wife would fall under the visa renewal category. The last US visa on my passport is F1. My H1b status started in May 2004 and I am now in my 4rth year of H1B. In between I changed employer and my H1 is now valid upto October 2008. But I have NOT travelled outside the country after my H1B status began in May 2004. Hence I am going to get my H1B stamped for the first time. In my wife's case also her last stamp is F1 and she went from F1 to H4 this year so she is also going to get her H4 stamped for the first time. Do we answer YES (appt for visa renewal) or NO(appt not for visa renewal). We are booking a appointment at the Mumbai consulate.
The below is the visa renewal criteria as defined on the website:
Visa renewal appointments are available to visa applicants who:
have a U.S. visa that has expired less than 12 months ago.
wish to apply for the same category visa (work, business, tourist, etc.)
are Indian nationals (hold Indian passports)
are resident in the New Delhi, Chennai, or Mumbai consular districts (this category is not available to Kolkata based applicants).
The following applicants do NOT qualify for appointments in the visa renewal category:
Applicants who have never had a US visa.
Applicants who have a U.S. visa that expired more than 12 months ago.
Applicants applying for a different category visa (e.g. had a student visa, now applying for a work visa).
Non Indian passport holders
Applicants applying at the U.S. Consulate in Kolkata.
First time H4 or L2 applicants under 18 years of age. (If you have recently married a H1b or L1 visa holder but have never had a visa interview for a visa in the H/L category, you may not schedule in the renewal category.)
Applicants applying for more than one visa at the same time (e.g. F and B1/B2).
Applicants applying for entertainment/performance visas(P3 category).
Applicants applying for unskilled worker visas (H2b category).
All visa renewal applicants should bring the following documents to the Embassy/Consulate Consular Section on the day of their appointment:
Current, valid passport
Passports containing previously issued U.S. visas
As applicable, I-797 (H and L), I-20 (F & M students), DS-2019 (J visa applicants)
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thomachan72
05-12 09:53 AM
Dear All,
Could you please advise, if we can port eb3 to eb2.
My husband is working for the same employer for last 6 years. He has masters degree from US and he filed for his GC in 2004. In 2004, he had only 1 year experience. The lawyer said he does not qualify for Eb2 despite his US degree.
Now after 6 years, he had a job change within his company. He became a principal engineer from just an engineer. Could we port to EB2?
If yes, what should we be careful about and how should we go about it?
Sincerely,
Augustus
In principle the main criteria would be whether the job requires a person with a masters or higher degree. If the company can prove that the job description and requirements match that for a person with masters then he would qualify. Again this is based on my awareness from reading various posts on the IV and similar websites. The attorney would be the best to decide. I know many of our friends in the IV have masters but the main problem they are facing is that the job description does not specify a masters. So the employer hesitates to reaply in EB2 catagory. If your husband fits in then I believe all he has to do is to file another 140 and port the PD of the EB3 application.
How frustating this can be, right? :(
Could you please advise, if we can port eb3 to eb2.
My husband is working for the same employer for last 6 years. He has masters degree from US and he filed for his GC in 2004. In 2004, he had only 1 year experience. The lawyer said he does not qualify for Eb2 despite his US degree.
Now after 6 years, he had a job change within his company. He became a principal engineer from just an engineer. Could we port to EB2?
If yes, what should we be careful about and how should we go about it?
Sincerely,
Augustus
In principle the main criteria would be whether the job requires a person with a masters or higher degree. If the company can prove that the job description and requirements match that for a person with masters then he would qualify. Again this is based on my awareness from reading various posts on the IV and similar websites. The attorney would be the best to decide. I know many of our friends in the IV have masters but the main problem they are facing is that the job description does not specify a masters. So the employer hesitates to reaply in EB2 catagory. If your husband fits in then I believe all he has to do is to file another 140 and port the PD of the EB3 application.
How frustating this can be, right? :(
aj_jadeja
02-07 06:32 PM
waht is ur origination airport ?
and AMD means Ahmedabad ? or amsterdam ?
and AMD means Ahmedabad ? or amsterdam ?
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amslonewolf
11-19 02:46 PM
http://cli.gs/De4Z4u
BTW, what's scary about this memo..
Infact, I find it encouraging, that TSC is trying to facilitate the process one way or other, given their system deficiency.
BTW, what's scary about this memo..
Infact, I find it encouraging, that TSC is trying to facilitate the process one way or other, given their system deficiency.
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venetian
07-06 03:30 PM
Thanks again for the responses.
Looks like USCIS is fine when a person with valid H1/L1 petition can enter the US using AP and continue to maintain H1/L1 status provided the person continues to work for the same employer.
Below is some of the the 'USCIS Guidance on H-1 / L-1, EAD and Advance Parole' that I got from murthy.com
MurthyDotCom : INS Guidance on H-1 / L-1, EAD and Advance Parole (http://www.murthy.com/news/UDnewins.html)
An H-1 or L-1 holder who entered the United States on advance parole can apply for an extension of H or L status, and the approval of that extension would enable the person to return to the U.S. on H-1 or L-1 status. (To maintain that status, the person cannot seek outside employment.)
An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval.
If an H-1 or L-1 holder presents both advance parole documents and documents of valid H-1 or L-1 status at the port of entry to the U.S., the INS Inspector should tell the person that she/he is not required to present the advance parole, and admit the person to the U.S. on the H-1 or L-1 status.
An H-1 or L-1 holder who has entered the U.S. with an advance parole document may depart and return as an H-1 or L-1 holder if that status has not expired.
Looks like USCIS is fine when a person with valid H1/L1 petition can enter the US using AP and continue to maintain H1/L1 status provided the person continues to work for the same employer.
Below is some of the the 'USCIS Guidance on H-1 / L-1, EAD and Advance Parole' that I got from murthy.com
MurthyDotCom : INS Guidance on H-1 / L-1, EAD and Advance Parole (http://www.murthy.com/news/UDnewins.html)
An H-1 or L-1 holder who entered the United States on advance parole can apply for an extension of H or L status, and the approval of that extension would enable the person to return to the U.S. on H-1 or L-1 status. (To maintain that status, the person cannot seek outside employment.)
An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval.
If an H-1 or L-1 holder presents both advance parole documents and documents of valid H-1 or L-1 status at the port of entry to the U.S., the INS Inspector should tell the person that she/he is not required to present the advance parole, and admit the person to the U.S. on the H-1 or L-1 status.
An H-1 or L-1 holder who has entered the U.S. with an advance parole document may depart and return as an H-1 or L-1 holder if that status has not expired.
Kevin Sadler
May 2nd, 2005, 07:50 AM
Nice shots, Anders. And you're right on track with your thinking about getting wheel spin to really enhance the photos mixed in with a combination of panning shots as well. There is something about wheel spin and motion that really adds to an image. Cox's pic is a great example and dan13 has some good ones in his gallery too. So the question is how much? Just enough is the answer. One of my buddies is a professional auto racing photographer. He's had mag covers and they fly him around to different tracks, even to Japan. So he's the real deal and very good and his published pans are flawless. But he says it's still trial and error and every track condition is different and it still takes a bunch to get a good one. Now he can get dialed in a lot quicker than most of us, but you get the point. Keep slowing it down until you get it. :) Hope that helps a little. Later, Kevin
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sledge_hammer
12-03 04:59 PM
Per the exerpt below, the spouse and children of a legal alien are eligible for benefits, and it will NOT effect the GC process of the primary applicant -
http://www.uscis.gov/files/article/public_cqa.pdf
Q21: If a member of an alien's family is receiving or has received public benefits, but the individual alien hasn’t, will INS or State hold this against the alien for public charge purposes?
A21: In most cases, no. As a general rule, receipt of benefits by a member of an alien’s family is not attributed to the alien who is applying to INS or State for admission or to INS for adjustment of status to determine whether he or she is likely to become a public charge. The only time this general rule would not apply would be if the family were reliant on their family member’s cash public benefits as its sole means of support.
In particular, alien parents do not have to worry that the INS or State will consider them to be public charges if they enroll their children in programs for which they are eligible, unless these are cash programs which provide the sole financial support for the family. This is true whether the children are U.S. citizens or non-citizens.
If a parent enrolls in TANF for cash benefits for the “child only,” this could be used by INS or State for a public charge determination concerning the parent if this cash is the sole support for the family. However, if there are other sources of support or a parent is working, then the cash assistance would not represent the family's sole source of support.
http://www.uscis.gov/files/article/public_cqa.pdf
Q21: If a member of an alien's family is receiving or has received public benefits, but the individual alien hasn’t, will INS or State hold this against the alien for public charge purposes?
A21: In most cases, no. As a general rule, receipt of benefits by a member of an alien’s family is not attributed to the alien who is applying to INS or State for admission or to INS for adjustment of status to determine whether he or she is likely to become a public charge. The only time this general rule would not apply would be if the family were reliant on their family member’s cash public benefits as its sole means of support.
In particular, alien parents do not have to worry that the INS or State will consider them to be public charges if they enroll their children in programs for which they are eligible, unless these are cash programs which provide the sole financial support for the family. This is true whether the children are U.S. citizens or non-citizens.
If a parent enrolls in TANF for cash benefits for the “child only,” this could be used by INS or State for a public charge determination concerning the parent if this cash is the sole support for the family. However, if there are other sources of support or a parent is working, then the cash assistance would not represent the family's sole source of support.
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amulchandra
05-10 06:01 PM
I tried that too.I provided the petition details and clicked submit button. Then it takes me to save and exit buttons there is no continue button.
Let me try once again. Any more inputs.....
Thank you
Amul
Let me try once again. Any more inputs.....
Thank you
Amul
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maddipati1
04-23 04:55 PM
i have first hand experience. don't believe what USPS guys tell you. All CIS mail says 'Address Service'. I guess that means only deliver to that address otherwise return to sender.
i too talked to USPS guys, believed what they said and did mail forwarding and AP was returned back to CIS. learned a costly lesson.
AFAIK, people got RFE's when they moved very far, like coast-to-coast, but none for people moved not so far.
my experience with AR-11 was good. but make sure to complete the second step for pending applications.
I am in similar situation. While my street address will also stay the same the building is same I am just changing floors...going from a 1 bed to 2 bed which I have to and can't avoid.
I checked with USPS and they told me that they do automatic mail forwarding for 3 months and which could be expanded...I am not going to intimate USCIS till I have to...I mean delay it as long as you receive your mails you won't miss a thing + the attorney also gets the RFE and their address is fixed and you will get that anyway.
The postal people can mess up delivery too and i have had friends who did not receive letters from USCIS due to delivery problems .....anything and everything can happen.
Point is to delay the notification to avoid an RFE....but if everything else is fine and legit I won't mind filling up the address change notification.
SoP
i too talked to USPS guys, believed what they said and did mail forwarding and AP was returned back to CIS. learned a costly lesson.
AFAIK, people got RFE's when they moved very far, like coast-to-coast, but none for people moved not so far.
my experience with AR-11 was good. but make sure to complete the second step for pending applications.
I am in similar situation. While my street address will also stay the same the building is same I am just changing floors...going from a 1 bed to 2 bed which I have to and can't avoid.
I checked with USPS and they told me that they do automatic mail forwarding for 3 months and which could be expanded...I am not going to intimate USCIS till I have to...I mean delay it as long as you receive your mails you won't miss a thing + the attorney also gets the RFE and their address is fixed and you will get that anyway.
The postal people can mess up delivery too and i have had friends who did not receive letters from USCIS due to delivery problems .....anything and everything can happen.
Point is to delay the notification to avoid an RFE....but if everything else is fine and legit I won't mind filling up the address change notification.
SoP
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prem_goel
09-07 06:49 PM
the intent of Green card is to hire an immigrant since they did not file any suitable US Citizen. If your company has received a number of resumes and they are suitable for your position, then I don't believe the company and for that matter even you should move forward. I would suggest wait for a while if that's possible, and conduct the PERM process again once the market improves.
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lakshman.easwaran
07-25 11:44 AM
Anybody knows how USCIS will process un signed I-140 Petition? I filed for Labor substituion and I-140. I forgot to sign the I-140 petition.
May I know the implications of this? What all are the possibilities ? Will they reject the application?
If I remember correctly, I signed only one form for 140 and that was G-28, I believe. I did not sign actual 140 form...for sure. My 140 petition was accepted on July 10 and received 797 receipt on July 16. BTW, mine was not Labor substitution.
May I know the implications of this? What all are the possibilities ? Will they reject the application?
If I remember correctly, I signed only one form for 140 and that was G-28, I believe. I did not sign actual 140 form...for sure. My 140 petition was accepted on July 10 and received 797 receipt on July 16. BTW, mine was not Labor substitution.
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samir
04-27 08:48 PM
Hi,
Can some one help me out on the above subject, i had birthcertificate which contains only my Father's name( This birth certificate got from MRO office at AP, India). One of my friend told me that the birth certificate should contain both Mother and Father's Name.
Can some one provide me sample birth certficate , so that it will helpfull to me send to my parents, so that i will get BC from MRO office, AP, India.
Thanks inadvance
Please check with your local Indian consulate if they can issue a BC. If you have a current original passport which includes the names of both your parents, it should work fine. Your original BC is not required.
Link to this service provided by the Consulate General in San Francisco
http://www.cgisf.org/visa/indian_services.html#mis-bc
Can some one help me out on the above subject, i had birthcertificate which contains only my Father's name( This birth certificate got from MRO office at AP, India). One of my friend told me that the birth certificate should contain both Mother and Father's Name.
Can some one provide me sample birth certficate , so that it will helpfull to me send to my parents, so that i will get BC from MRO office, AP, India.
Thanks inadvance
Please check with your local Indian consulate if they can issue a BC. If you have a current original passport which includes the names of both your parents, it should work fine. Your original BC is not required.
Link to this service provided by the Consulate General in San Francisco
http://www.cgisf.org/visa/indian_services.html#mis-bc
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kaisersose
08-29 09:22 PM
Un"un: Unknown :)
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VenuK
07-15 08:09 PM
any advices pls....
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4greencard
05-27 11:37 AM
How will the new bill affect the I-485 processing time?
Does anyone know the minimum and maximum times required for I-485 processing?
What type of factors delay the I-485 processing?
Let us say A filed for I-485 on the day 1 of the month when PD becomes current, B on the 15th day and C on the last day. Does this mean that A will get greencard first, B next and C last?
Thank you in advance for your information.
Does anyone know the minimum and maximum times required for I-485 processing?
What type of factors delay the I-485 processing?
Let us say A filed for I-485 on the day 1 of the month when PD becomes current, B on the 15th day and C on the last day. Does this mean that A will get greencard first, B next and C last?
Thank you in advance for your information.
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FraudGultee
04-17 09:09 AM
i heard one can have both valid L1 and B2 visas not sure if it works with H1b
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haifromsk@yahoo.com
10-15 04:00 PM
if RFE for w-2 USCIC will come to know- might not be the only way for USCIC to know
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actonwang
06-16 09:25 PM
thanks! GC4menow,
Kind of surprise and wonder how you get this kind of info. Is it a given rule or you got it from some friends from USCIS? It looks make sense but:
1. What is USDOS for? Department of state? Who decides Retrogression?
2. In summary, if it is "Current", USCIS processes all files by RD (receive date), and if it has retrogresstion, then they change to process files by PD.
Do they churn/reorder all cases each month according to if it is "current" or not? Any logic behind it?
I hope that sb can write "inside gc process":)
Kind of surprise and wonder how you get this kind of info. Is it a given rule or you got it from some friends from USCIS? It looks make sense but:
1. What is USDOS for? Department of state? Who decides Retrogression?
2. In summary, if it is "Current", USCIS processes all files by RD (receive date), and if it has retrogresstion, then they change to process files by PD.
Do they churn/reorder all cases each month according to if it is "current" or not? Any logic behind it?
I hope that sb can write "inside gc process":)
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krishna.ahd
02-08 10:48 AM
Hi
I am trying to book ticket for my summer travel to India and frusteted with knowledge of travel agents and airline peoples. My story is like this:
I have EXPIRED F-1 VISA STAMP, VALID H-1 APPROVAL , NO H-1 STAMPING IN PASSPORT, HAVE ADVANCE PAROL FOR REENTRY ( My family is also traverling with me with H-4 approval and AP)
I want your guidance : For going to India ( and coming back also !!)
(1) Which CITIES I can TRAVEL Through WIthout requiring TRANSIT VISA?
(2) Which AIR LINE OPERATES flights through these cities?
(3) what are the non-stop flight options available between US and India?
(4) Non-stop flights are cheap or costly compare to other one stop flights?
( I dont want to apply for TRANSIT VISA, I had already sent too much money on H-1 and GC process and traveling with my family so if I go for Transit visa it will cost me atleast 1000 $ extra !!!)
I want to go to AMD ( Direct or through BOMBAY if possible)
Also let me know any good knowledgable travel agents who knows rule and give good deal for India.
thanks for your help.
I was checking LAX (Los angeles) to AMD (Ahmedabad) via SIN (singapore) , you are taliking about 30 to 36 hours of travel time, top of GSP/ATL to LAX.
I suggest , if you dont have any time constraint ( like unpaid vacation/timeoff) , that is the best what i searched so far.
I am trying to book ticket for my summer travel to India and frusteted with knowledge of travel agents and airline peoples. My story is like this:
I have EXPIRED F-1 VISA STAMP, VALID H-1 APPROVAL , NO H-1 STAMPING IN PASSPORT, HAVE ADVANCE PAROL FOR REENTRY ( My family is also traverling with me with H-4 approval and AP)
I want your guidance : For going to India ( and coming back also !!)
(1) Which CITIES I can TRAVEL Through WIthout requiring TRANSIT VISA?
(2) Which AIR LINE OPERATES flights through these cities?
(3) what are the non-stop flight options available between US and India?
(4) Non-stop flights are cheap or costly compare to other one stop flights?
( I dont want to apply for TRANSIT VISA, I had already sent too much money on H-1 and GC process and traveling with my family so if I go for Transit visa it will cost me atleast 1000 $ extra !!!)
I want to go to AMD ( Direct or through BOMBAY if possible)
Also let me know any good knowledgable travel agents who knows rule and give good deal for India.
thanks for your help.
I was checking LAX (Los angeles) to AMD (Ahmedabad) via SIN (singapore) , you are taliking about 30 to 36 hours of travel time, top of GSP/ATL to LAX.
I suggest , if you dont have any time constraint ( like unpaid vacation/timeoff) , that is the best what i searched so far.
dummgelauft
04-14 10:04 AM
Umnagini! tough luck man. If this were at-all possible, I would have had my Green card 5 years ago. I have the exact same situation as yours. No, can't do it.
madmax78
01-26 08:47 AM
Come down to Atlanta my friend. There is a large indian community here, lot of good schools, all options for entertainment, and a reasonable weather. I have been living here for 6 years and I am happy with this place.
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