Mentol Blog's

My H1B expired, and they are now just working on the labor certification process, so I have left the country and working outside the US. Someone did tell me that after I have been out for a 12 month period they may get me back under a new H1B. Is this correct? Reason I ask is that I have been out of the US for 4 months, and they seem to be working very slow on my Labor Cert, and I know once the this is submitted I have to wait a further 12 months, so wanted to see if it is viable to get a new H1B. Any thoughts would be appreciated.

Yes if you live out of US for at least a year after the full H-1B term, you can apply for a new H-1B. If i were you, i'll keep the labor process going while applying for a new H-1 because GC is for future employment and if anything you can retain the priority date...

I just transferred to a new employer in my 7th year. All you need is a copy of the approved I-140.

DO not give a notice to your current employer until the new H1 is approved. Also, apply for premium processing.

yes it will be funny if any of Exceed employee working in backlog center is also affcted by backlog of his labor application there.

If there are any, they must have talked to some one and got it approved by now, because there is no order in approvals any way... :)

Literally, windsor(Canada) and Detroit (USA) are seperated by river, so keeping GC and PR is like riding in two boats ... not possible. While Canadians are liberal in allowing their immigrants to travel daily into US to conduct their jobs ( that brings easy tax $$), it would be inconvienent to track daily movements out of country for GC. Remember at US citizenship, you will be asked to provide detailed log of trvels outside the country. So trip to Windsor is technically outside the country.

I had Canadian PR and am giving it up, because I finally got GC. With GCI can trvel freely into Canada. Plus even before Canadian PR, I never lived in Canada nor do I plan to in future. So why bother.

You did the right thing. I know a friend of mine who got their GC though they had Canada PR. They made it a point to officially surrender the PR.

Because they wanted no mess-up with the GC. Keeping a Canada PR conflicts with the intent of living in US permanently (needed to maintain GC).

Most people dont realize that GC is not the end of story. GC is yet another type of
immigration status and one can lose that as well. In the post Sep11 round-up a lot of people have lost or went close to losing their GC when US govt did a massive crackdown on immigrants.

1) Yes
2) Yes
3) approval letter from my previous employer is not required. Old employer can revoke I-140 any time not PD

I think if you are applying for differnt catagory then Position need to be different (Eb3- Eb2) and you can carry your old PR date. If you trying to apply PERM with same catagory then you can carry old PR date but can be in Same position, not sure you have withdraw first LC or not, consult few attroney before take any action.
Thanks

Kirupa has a hidden Inspirtation section on his site. You can find the wallpapers page here....

http://www.kirupa.com/gallery/wallpapers.asp

NKAVJS, thanks for the response.
I know what to do now

Paskal,
You mentioned that if one has a J1, the 2 Yr. HRR applies. I am not sure if it is true for all "categories" of J1 visas.

A friend of mine has come on a J1 visa for six months (research scholar), and on her DS2019, the visa officer has noted that the 2Yr. HRR is not applicable. Also, her visa does not say that she is subject to INA 212(e).

Could you please throw some light on the following:
- Inspite of the visa officer's determination, is she still "a marked man"?
- If you are subject to the 2 Yr. HRR, is mentioned on your visa?

By the way, her research:
- Is not funded by any govt. agency
- Has nothing to do with medicine

I will really appreciate your thoughts.

Thanks.

you cannot apply for an H4 until your waiver is complete
does not matter how long you are on a J1, once you get one, you are a marked man.
similarly there is no question of filing a 485, even if you could file it there cannot be an approval till the waiver is done, likely will be rejected.
do please ask an attorney though.

L1A visa, validity May 2008
EB 1 category
I-140 receipt date July 27, 2007 & I-485 receipt date July 27, 2007.
When and how can I excercise AC 21 portability
Do I need an EAD for this

Any luck today for any body. Please post if u got ur recipt number( july 2nd filers).

Visa Bulletin
Number 108
Volume IX
Washington, D.C.


The Visa Bulletin for July 2007, posted on June 12, must be read in conjunction with the Update of July Visa Availability, posted on July 2.

The Update of July Visa Availability, posted on July 2, must be read in conjunction with the Visa Bulletin for July 2007, which was posted on June 12.

Input by Krupa:

The above is the visa bulletine. I wanted know what is the impact on leagal status of old bulelletins.

I have a follow-up question. If I do not get my EAD before my current one expires, am i out of status? I have a LIN number for the renewal submission.

As long as You have Applied in Time You are not Out of status. If you have crossed 90 days , you can go to local immigration office and request for the temporary permit.

I submitted renewal on July 12, and I received an email on saturday for Card Production ordered and I did not receive any FP notice for renewal.

Hope this answers your question

yes and yes

Thank you for your kind words Everybody!!

gc28262: I don't think $485 on AOS is out of the question! It feels like I have been infused with energy and so am able to better focus on career/future.
seahawks: True
pappu: You are welcome

Bump
Any one who did not send the medicals with the I-485 application, got RFE yet?

When did your last FP was done?? is that in Feb'08??

my last FP (which was my first one) was done in Feb 2008.

I called USCIS and I was told that, in (mid) July, NSC and TSC were the only Service centers receiving applns. USCIS has received enormous # of applications in and around mid-July and they are stagnant somewhere in the Service Centers. Applications are not moved from NSC to TSC. They are in the service center where they were sent.
They may be in the system by the end of this month. I guess we'll have to wait, only time will answer.

Who in the right mind would base their decision of the replies from a forum anyway. People come to the forum to get the thoughts from others but would have to go with whatever a legal counsel says to be sure.

And remember, not many legal professionals know what they are talking about either.

I think Air India is the best for elderly people.

I second that. The food is certainly tolerable than the European carriers and the familiar desi faces help the elderly not to hesitate and ask for anything they need.

Yes it really IS impossible to determine which will move quicker.

and Also true that EB2 is NOT DETERMINED by EMPLOYEE's skill set.

EB2 is Determined by the nature of the job and if a master's IS TRULY required. If not your application will face an audit and you will have to re-apply under Eb3 all over again (meaning re-run the ads etc and wait for that extra month). Also Eb2 PERM Approvals on average take MUCH longer than eb3 even without any audit.