bestia
01-26 08:52 PM
What was RFE about?
jskumar
09-05 10:34 AM
I got an RFE email both for me and wife (9/03 from NSC). How long does it take to arrive in mail?.
logiclife
03-28 06:04 PM
Yes, dailykos does have a very strict policy of purging trolls and hecklers. They too are anti first-amendment and anti free-speech like IV moderators. If you go on their site and post nonsense, you will be banned in a nano-second.
Unlike IV, where we used to argue and reason with trolls and miscreants last year.
People who think IV is undemocratic and opposed to different viewpoints, choking their first amendment rights and opposed to free speech should check out the king of all blogs www.dailykos.com that has 20 million hits on that site and post anti website messages there.
Or try posting a dairy (its called dairy there, same thing as a thread here) against Markos Moulitsas Zuniga (owner of dailykos).
A few months ago, he purged all the people who posted nonsense conspiracy theories because it made his website look bad. After that he purged all the users who recommended and posted comments on those nonsense dairies. Once you are banned, you cant post new stuff for one week because once you can sign up with a new ID immediately, but there is one week waiting period after you signup and you can post stuff only after one week waiting period is over. Kind of like the gun law in California. If you want to buy a gun, you can apply for it and there is one week waiting period and then you get the gun. So if you are mad at someone and want to shoot someone, you cannot just buy a gun and start shooting.
That is how the world works. You dont get the trash people on their own website.
Anyways, I read your post as cacophonix and its great. You have put and elaborate and detailed post and thank you for doing that.
Unlike IV, where we used to argue and reason with trolls and miscreants last year.
People who think IV is undemocratic and opposed to different viewpoints, choking their first amendment rights and opposed to free speech should check out the king of all blogs www.dailykos.com that has 20 million hits on that site and post anti website messages there.
Or try posting a dairy (its called dairy there, same thing as a thread here) against Markos Moulitsas Zuniga (owner of dailykos).
A few months ago, he purged all the people who posted nonsense conspiracy theories because it made his website look bad. After that he purged all the users who recommended and posted comments on those nonsense dairies. Once you are banned, you cant post new stuff for one week because once you can sign up with a new ID immediately, but there is one week waiting period after you signup and you can post stuff only after one week waiting period is over. Kind of like the gun law in California. If you want to buy a gun, you can apply for it and there is one week waiting period and then you get the gun. So if you are mad at someone and want to shoot someone, you cannot just buy a gun and start shooting.
That is how the world works. You dont get the trash people on their own website.
Anyways, I read your post as cacophonix and its great. You have put and elaborate and detailed post and thank you for doing that.
GT7481
07-10 10:40 AM
Yes India, I totally second it. India as of now is a booming economy and will be in the future, we all are professionals educated if other economies can benefit why can�t our own benefit from what we have. People all talk about corruption, corrupted politicians, red tape etc, why don�t we take a step towards pushing it down, like once my friend said about putting a website that will expose all of them even a clerk who is corrupted can be captured on a mobile phone and posted on the site.. Just a thought and well being an immigrant means for some time in life you cant even vote(Voting is an important thing in democracy).I believe India will keep growing in the years to come and will be good option .I personally believe being a part of developing some thing even a country is great thing rather than sit on top of something that�s already developed by some one�Just a thought.;)
more...
snowcatcher
05-31 10:07 PM
Hi guys, this is a good article to present to someone as proof of marketability of high skilled people across the globe and the competetion companies face in recruiting them.
THIS STORY HAS BEEN FORMATTED FOR EASY PRINTING
The Boston Globe
INDIA TECH FIRMS SEEK US TALENT IN OFFSHORING TWIST
Author(s): Diane E. Lewis, Globe Staff Date: May 30, 2006 Page: A1 Section: Business
Five years ago, US firms were wooing India's computer science graduates with lucrative job offers and a chance to live in America. Now, it's India's turn.
Infosys Technologies Ltd., a leading Indian software provider, will spend $100 million over the next year to hire and train 25,000 workers and college graduates culled from around the world, including from Massachusetts Institute of Technology and Harvard University. Tata Consultancy Services Ltd. of Bangalore will add 30,500 employees over the next year, including 1,000 from the United States. In a case of reverse offshoring, Indian tech companies are beefing up their staffs by hiring Americans and foreigners to work in India. They also are opening offices around the world and recruiting local staff. The firms are launching the global recruiting effort because of labor shortages in India. Indian companies are expanding beyond data entry and back-office processes into areas such as design, research and development, and sophisticated business applications that require highly skilled workers.
Tata hired John Dubiel, 59, of Westford in November. Dubiel spent two weeks in India, learning about the firm's products and meeting his Indian counterparts. Dubiel now works out of Tata's Boston office as an executive helping North American companies solve their business problems with technology.
"The major difference between working for this company and an American firm are the time zones," said Dubiel. "Because TCS is global, the sun never sets on us. It is not unusual to make calls at midnight or at 4 a.m."
For years, US companies have imported talent from the two Indian firms, saying there were not enough technology workers here. However, lengthy delays due to immigration issues such as caps on the number of H1-B visas for foreign professionals prompted Indian companies to develop another strategy.
"They said, `Let's train people in the United States or India and make them an extension of our offshore team in the United States,' " said Gary David, an associate professor of sociology at Bentley College. "So, Americans are now becoming the offshore component for foreign firms."
Currently, more than 10,000 American expatriates work in India for Indian information technology consulting and other outsourcing firms, a number that is expected to grow, said John McCarthy, vice president of Asia Pacific research at Forrester Research in Cambridge.
Meanwhile, American firms seeking to reduce labor costs are stepping up offshoring efforts and will be sending more white-collar jobs abroad. McCarthy estimates that US employers will move 3.4 million jobs and $136 billion in wages overseas by 2017. Those jobs will include positions in technology, finance, life sciences, human resources administration, and business management. Most will be jobs that do not require face-to-face time with clients.
Analysts from another research firm, Gartner Inc., based in Connecticut, say that outsourcing of IT jobs from the United States, Europe, and other major regions to developing countries will increase to 30 percent in 2015, up from under 5 percent today.
But as US firms seek to cut costs, Indian firms Infosys and Tata are scouring the world for highly skilled talent, and they say they will pay the prevailing wage for new hires in Japan, the United States, and England.
This summer, Infosys will train 300 graduates it recruited from American colleges. The new employees will receive starting salaries of $55,000 after completing a six-month course at the firm's training facility in Mysore, India. The recruits will then start full-time jobs in the company's offices in Texas, Arizona, Massachusetts, New York, Illinois, or California. Infosys trains recruits in India to acquaint them with the firm's culture and with their Indian colleagues.
Matt Sorge, 23, will graduate from MIT with a bachelor of science degree in mechanical engineering next month. Four weeks later, he'll fly to the Infosys training center in Mysore.
A native of Oklahoma, Sorge met an Infosys representative at an MIT job fair last fall and was struck by the firm's offer and the chance to work abroad.
"When Infosys started talking about being with a global team, it seemed like an exciting industry," said Sorge. "So, I figured skewing my career path a little might be more beneficial to me. They're basically giving me an education in computer science, something I would otherwise have to pay for."
Infosys, the second-largest information technology consulting firm in India with $2.15 billion in revenue and more than 52,000 employees worldwide, says there are advantages to hiring a global workforce. "We're hoping to bring a different kind of diversity to our workplace," said Bikramjit Maitra, head of human resources at Infosys. "For us, diversity is a way to encourage innovation."
Since India has become a center for computer science, firms can teach new hires in India, where there is state-of-the-art training, said Surya Kant, president of Tata Consultancy Services America.
At Tata, new hires and professionals train in their own countries and then travel to India for orientation or full-time work. Tata employs 62,000, including 9,500 Americans, who mostly work in the United States.
Michael McCabe, a spokesman for Tata Consultancy Services North America, said the quest for talent in India is driving the push to recruit skilled workers from other fields.
"We have a robust and aggressive talent acquisition plan to tackle recruiting in 34 countries around the globe, including the United States," said McCabe. "We want to grow in every geography."
Diane E. Lewis can be reached at dlewis@globe.com.
Perform a new search
Link to the article:
http://nl.newsbank.com/nl-search/we/Archives?p_action=doc&p_docid=111F127A671FA7D0&p_docnum=1
THIS STORY HAS BEEN FORMATTED FOR EASY PRINTING
The Boston Globe
INDIA TECH FIRMS SEEK US TALENT IN OFFSHORING TWIST
Author(s): Diane E. Lewis, Globe Staff Date: May 30, 2006 Page: A1 Section: Business
Five years ago, US firms were wooing India's computer science graduates with lucrative job offers and a chance to live in America. Now, it's India's turn.
Infosys Technologies Ltd., a leading Indian software provider, will spend $100 million over the next year to hire and train 25,000 workers and college graduates culled from around the world, including from Massachusetts Institute of Technology and Harvard University. Tata Consultancy Services Ltd. of Bangalore will add 30,500 employees over the next year, including 1,000 from the United States. In a case of reverse offshoring, Indian tech companies are beefing up their staffs by hiring Americans and foreigners to work in India. They also are opening offices around the world and recruiting local staff. The firms are launching the global recruiting effort because of labor shortages in India. Indian companies are expanding beyond data entry and back-office processes into areas such as design, research and development, and sophisticated business applications that require highly skilled workers.
Tata hired John Dubiel, 59, of Westford in November. Dubiel spent two weeks in India, learning about the firm's products and meeting his Indian counterparts. Dubiel now works out of Tata's Boston office as an executive helping North American companies solve their business problems with technology.
"The major difference between working for this company and an American firm are the time zones," said Dubiel. "Because TCS is global, the sun never sets on us. It is not unusual to make calls at midnight or at 4 a.m."
For years, US companies have imported talent from the two Indian firms, saying there were not enough technology workers here. However, lengthy delays due to immigration issues such as caps on the number of H1-B visas for foreign professionals prompted Indian companies to develop another strategy.
"They said, `Let's train people in the United States or India and make them an extension of our offshore team in the United States,' " said Gary David, an associate professor of sociology at Bentley College. "So, Americans are now becoming the offshore component for foreign firms."
Currently, more than 10,000 American expatriates work in India for Indian information technology consulting and other outsourcing firms, a number that is expected to grow, said John McCarthy, vice president of Asia Pacific research at Forrester Research in Cambridge.
Meanwhile, American firms seeking to reduce labor costs are stepping up offshoring efforts and will be sending more white-collar jobs abroad. McCarthy estimates that US employers will move 3.4 million jobs and $136 billion in wages overseas by 2017. Those jobs will include positions in technology, finance, life sciences, human resources administration, and business management. Most will be jobs that do not require face-to-face time with clients.
Analysts from another research firm, Gartner Inc., based in Connecticut, say that outsourcing of IT jobs from the United States, Europe, and other major regions to developing countries will increase to 30 percent in 2015, up from under 5 percent today.
But as US firms seek to cut costs, Indian firms Infosys and Tata are scouring the world for highly skilled talent, and they say they will pay the prevailing wage for new hires in Japan, the United States, and England.
This summer, Infosys will train 300 graduates it recruited from American colleges. The new employees will receive starting salaries of $55,000 after completing a six-month course at the firm's training facility in Mysore, India. The recruits will then start full-time jobs in the company's offices in Texas, Arizona, Massachusetts, New York, Illinois, or California. Infosys trains recruits in India to acquaint them with the firm's culture and with their Indian colleagues.
Matt Sorge, 23, will graduate from MIT with a bachelor of science degree in mechanical engineering next month. Four weeks later, he'll fly to the Infosys training center in Mysore.
A native of Oklahoma, Sorge met an Infosys representative at an MIT job fair last fall and was struck by the firm's offer and the chance to work abroad.
"When Infosys started talking about being with a global team, it seemed like an exciting industry," said Sorge. "So, I figured skewing my career path a little might be more beneficial to me. They're basically giving me an education in computer science, something I would otherwise have to pay for."
Infosys, the second-largest information technology consulting firm in India with $2.15 billion in revenue and more than 52,000 employees worldwide, says there are advantages to hiring a global workforce. "We're hoping to bring a different kind of diversity to our workplace," said Bikramjit Maitra, head of human resources at Infosys. "For us, diversity is a way to encourage innovation."
Since India has become a center for computer science, firms can teach new hires in India, where there is state-of-the-art training, said Surya Kant, president of Tata Consultancy Services America.
At Tata, new hires and professionals train in their own countries and then travel to India for orientation or full-time work. Tata employs 62,000, including 9,500 Americans, who mostly work in the United States.
Michael McCabe, a spokesman for Tata Consultancy Services North America, said the quest for talent in India is driving the push to recruit skilled workers from other fields.
"We have a robust and aggressive talent acquisition plan to tackle recruiting in 34 countries around the globe, including the United States," said McCabe. "We want to grow in every geography."
Diane E. Lewis can be reached at dlewis@globe.com.
Perform a new search
Link to the article:
http://nl.newsbank.com/nl-search/we/Archives?p_action=doc&p_docid=111F127A671FA7D0&p_docnum=1
yabadaba
07-22 03:37 AM
Please vote and provide details if the answer is yes
more...
imv116
03-02 02:13 PM
Yes, just as InTheMoment has said H1 option does exist, but chances are more with EAD.
It�s not like we switching jobs. Good univ, good program and good place go a long way in there career. To spend 3-5 years in a residency and another 2 years in a fellowship program, I think one has to be serious about what they choose.
Note like we got a rank and have to take-up what ever is offered.
EAD for H4 would have been the best things to happen, at least in light providing the same for L1.
It�s not like we switching jobs. Good univ, good program and good place go a long way in there career. To spend 3-5 years in a residency and another 2 years in a fellowship program, I think one has to be serious about what they choose.
Note like we got a rank and have to take-up what ever is offered.
EAD for H4 would have been the best things to happen, at least in light providing the same for L1.
skp71
03-23 10:41 PM
But in this PDF doc. it says, "Specter and Frist Immigration Proposals May Increase EB Backlogs".
http://www.immigrationvoice.org/media/immigrationvoice_memo_hard_country_quota.pdf
http://www.immigrationvoice.org/media/immigrationvoice_memo_hard_country_quota.pdf
more...
hebbar77
06-05 08:47 PM
Looks like everything in GM is on sale.
http://www.bloomberg.com/apps/news?pid=20601103&sid=ae2V3Y.7j85k&refer=news
Saturn is sold for $100 to $200 mn.
Who knows GM may sell the retired brands for 1 or 2 mn.
http://en.wikipedia.org/wiki/Pontiac#End_of_the_Pontiac_brand
Now the important question.
Did tatas overpay for jaguar and landrover ? Looks like they did.
Even I got a garage sale this weekend!
http://www.bloomberg.com/apps/news?pid=20601103&sid=ae2V3Y.7j85k&refer=news
Saturn is sold for $100 to $200 mn.
Who knows GM may sell the retired brands for 1 or 2 mn.
http://en.wikipedia.org/wiki/Pontiac#End_of_the_Pontiac_brand
Now the important question.
Did tatas overpay for jaguar and landrover ? Looks like they did.
Even I got a garage sale this weekend!
gcformeornot
06-30 09:38 AM
a question. How much did you pay for this? I hope it doesn't work for you....:mad:
more...
hibworker
03-15 01:16 PM
EB3-I, PD Nov 2002, 485 filed 2004. Have EAD and also have approved H1 (year 9 -12), but not stamped on passport. With about 7000 people ahead of me, wait time for my GC is estimated to be 2-3 years.
Have been with employer who filed GC for over 10 years now. There is a job opportunity with another employer, but the job description may be different from what was filed on my original GC. Pay will be similar, but travel will substantially reduced, allowing me to be home more.
What should I be careful of if pursuing this new opportunity? Is there anything I should be asking the new employer for related to the job description filing? Should I be asking them to file H1 transfer or use my EAD? Should I ask them to file EB2-I and port my PD over?
Thanks - just want to make sure I am not jeopardizing my 10 year wait for this opportunity.
1. Make sure that your new company's HR and lawyer are comfortable in supporting the fact that new job is same or similar to old job. It is a grey area and you can be the best judge on it.
2. When you join the new employer ask their attorney to send AC-21 letter to USCIS indicating that you have moved to a same or similar job based on AC-21 porting.
3. Filing for H1 or EAD is a personal choice - as far as GC processing goes I don't see a difference in using either.
4. If they are willing and and the position qualifies you to file EB-2 and port PD- sure go ahead.
Have been with employer who filed GC for over 10 years now. There is a job opportunity with another employer, but the job description may be different from what was filed on my original GC. Pay will be similar, but travel will substantially reduced, allowing me to be home more.
What should I be careful of if pursuing this new opportunity? Is there anything I should be asking the new employer for related to the job description filing? Should I be asking them to file H1 transfer or use my EAD? Should I ask them to file EB2-I and port my PD over?
Thanks - just want to make sure I am not jeopardizing my 10 year wait for this opportunity.
1. Make sure that your new company's HR and lawyer are comfortable in supporting the fact that new job is same or similar to old job. It is a grey area and you can be the best judge on it.
2. When you join the new employer ask their attorney to send AC-21 letter to USCIS indicating that you have moved to a same or similar job based on AC-21 porting.
3. Filing for H1 or EAD is a personal choice - as far as GC processing goes I don't see a difference in using either.
4. If they are willing and and the position qualifies you to file EB-2 and port PD- sure go ahead.
sprash
03-08 11:49 AM
My PD of JAN 27 05 became current with the March bulletin. While folks from TSC got GCs from March 2nd itself, NSC seemed to have little action.
By some random combination of POJ options, which changed recently, I managed to get a service request in on March 2nd (Type of service requested: -- Outside Normal Processing Times). The same day, I had Infopass and I was told its been "Preadjudicated, under review" and there was some recent movement on my case (transfered internally). This got my spirits up, but in just 2 days, I got a pretty horrible response to my SR, which made me feel this is going to be an uphill battle:
Due to the pending caseload at the Nebraska Service Center, the processing time of your I-485 application has been extended. Allow extra time for an Officer to review your application. Furthermore, if all initial evidence was not included with you application, or a question arose during adjudication that required a Request for Evidence, additional time would be needed.
Your application remains awaiting review by an Officer and you will be notified as soon as a decision is made. The Service is waiting for VISA availability.
If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.
I was about to contact the state senator today, but early today morning we got our CPO emails.
My case is pretty straight forward:
Processing center: NSC
PD: JAN 27 2005 non perm which got approved just in time for July 07 fiasco.
I-485: July 07 filer
RFE in Nov 2008 (immunizations for wife, she had taken certain waivers due to pregnancy --- and Employment verification for myself)
Approval: Today (March 8th 2010)
By some random combination of POJ options, which changed recently, I managed to get a service request in on March 2nd (Type of service requested: -- Outside Normal Processing Times). The same day, I had Infopass and I was told its been "Preadjudicated, under review" and there was some recent movement on my case (transfered internally). This got my spirits up, but in just 2 days, I got a pretty horrible response to my SR, which made me feel this is going to be an uphill battle:
Due to the pending caseload at the Nebraska Service Center, the processing time of your I-485 application has been extended. Allow extra time for an Officer to review your application. Furthermore, if all initial evidence was not included with you application, or a question arose during adjudication that required a Request for Evidence, additional time would be needed.
Your application remains awaiting review by an Officer and you will be notified as soon as a decision is made. The Service is waiting for VISA availability.
If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.
I was about to contact the state senator today, but early today morning we got our CPO emails.
My case is pretty straight forward:
Processing center: NSC
PD: JAN 27 2005 non perm which got approved just in time for July 07 fiasco.
I-485: July 07 filer
RFE in Nov 2008 (immunizations for wife, she had taken certain waivers due to pregnancy --- and Employment verification for myself)
Approval: Today (March 8th 2010)
more...
axp817
04-11 07:14 PM
Given how soon (after the layoff) the soft LUDs appeared, it is highly unlikely that they had anything to do with the layoff, unless your employer revoked the 140 a few days/weeks in advance given the impending layoff.
I haven't heard of companies doing that but you never know.
Like someone else suggested, getting a new attorney to submit G-28N is probably a good idea.
If I were you, I would do the following.
1. Call the old employer's attorney and check if the 140 was revoked, or if it is going to be revoked.
2. If the answer to the above is no, check with the attorney if they are willing to forward any future USCIS correspondence to you.
3. If the answer to #2 is 'No', get a new attorney to do a G-28N as soon as possible, and then look for a new job that qualifies for AC-21 benefits.
4. If the answer to #2 is 'Yes', then you don't need to do a G-28N right away, and could do it after you start the new job. This is just in case if the new company's attorneys require you to do a G-28N through them.
Good luck. Keep us posted.
I haven't heard of companies doing that but you never know.
Like someone else suggested, getting a new attorney to submit G-28N is probably a good idea.
If I were you, I would do the following.
1. Call the old employer's attorney and check if the 140 was revoked, or if it is going to be revoked.
2. If the answer to the above is no, check with the attorney if they are willing to forward any future USCIS correspondence to you.
3. If the answer to #2 is 'No', get a new attorney to do a G-28N as soon as possible, and then look for a new job that qualifies for AC-21 benefits.
4. If the answer to #2 is 'Yes', then you don't need to do a G-28N right away, and could do it after you start the new job. This is just in case if the new company's attorneys require you to do a G-28N through them.
Good luck. Keep us posted.
saibabu_d
08-03 10:06 PM
lin0722554234
LIN -> Nebraska
07 -> Year in 2 digits
225 -> Number of working days since October 1 2006
5 -> Default for all electronic data
4234 -> Serial number for the receipts issued on that day starting with 0001.
LIN -> Nebraska
07 -> Year in 2 digits
225 -> Number of working days since October 1 2006
5 -> Default for all electronic data
4234 -> Serial number for the receipts issued on that day starting with 0001.
more...
saps
01-20 02:16 PM
Great effort but its awfully slow. Was never so slow before..Is it just my machine?
eb3_nepa
08-13 02:32 PM
Thanks for Prompt reply.
My application got delivered at 11:31 & Received by B GERKENSMEYER.
Do u think I shoould file again using Lawyer before Aug 17?
Guys,
Please relax. There ae tonnes of people who filed on July 2nd who have not received receipt notices/checks cashed. We have all got to hang in there. Refiling without justified reason will only hinder your case especially the USCIS Receipt Updates clearly indicate backlogs for the receipts.
My application got delivered at 11:31 & Received by B GERKENSMEYER.
Do u think I shoould file again using Lawyer before Aug 17?
Guys,
Please relax. There ae tonnes of people who filed on July 2nd who have not received receipt notices/checks cashed. We have all got to hang in there. Refiling without justified reason will only hinder your case especially the USCIS Receipt Updates clearly indicate backlogs for the receipts.
more...
srgadi
06-23 01:43 AM
ndbhatt,
If I read your profile right, you arrived in US in April 2005 flied for LC in July 07. I think that is a different situation than someone working in H1B since 1999 (F1 since 1996). Do you know anyone in H1B since 1999 and without an EAD option? I suppose waiting 14 years is very different than waiting 5 years..
Yes, it is different and its unfortunate in your case. However, there is nothing you can do other than wait for your date to be current in order for you to apply for I-485 and EAD/AP.
If I read your profile right, you arrived in US in April 2005 flied for LC in July 07. I think that is a different situation than someone working in H1B since 1999 (F1 since 1996). Do you know anyone in H1B since 1999 and without an EAD option? I suppose waiting 14 years is very different than waiting 5 years..
Yes, it is different and its unfortunate in your case. However, there is nothing you can do other than wait for your date to be current in order for you to apply for I-485 and EAD/AP.
makemygc
06-22 11:31 AM
What do you think? Any guesses?
Ok I saw your second posting now. Hmm..I'll try
thanks
Ok I saw your second posting now. Hmm..I'll try
thanks
cygent
04-01 07:43 PM
Thanks,
Ok, let me put it this way.
Is the any advantage (or not), filing 140 1st, and lets say your PD is already current, file AOS later. I.E. file them Separately, not in the same packet.
So in this scenario, is the any difference vs. filing concurrently or not?
Ok, let me put it this way.
Is the any advantage (or not), filing 140 1st, and lets say your PD is already current, file AOS later. I.E. file them Separately, not in the same packet.
So in this scenario, is the any difference vs. filing concurrently or not?
gcdreamer05
01-05 04:35 PM
Hi there,
I need your advise - have an issue with travel back to the US.
My wife is in India, her AP is expired and she needs to travel back to the US. I am working on an EAD, changed employers and could not transfer my old H-1 (H1 was valid until 06/09 - she has a H4 stamp in her passport valid until the same time). Given there is no H1/H4 or AP available to her now, how can one go about getting either AP reinstated (I know it says one cannot apply for AP when out of the country) or some other status for being able to travel back. We do have a child (US citizen) also in India with her.
I am trying to get advise from an immigration attorney as well but would like to hear from folks here if they have had to deal with this issue and if so what is the best way to deal with it.
Before someone shoots me for asking this question let me make it clear that I have been aware that she should have come back before her AP expired and one cannot renew AP while out of the country and this puts her GC application at risk (abandonement) - there were some factors involved here that were not in my control and therefore we have landed up in this messy situation.
I would really appreaciate any advise you can provide to my query. Thanks!
Sorry to know about your situation....
Since you are not on h1b , she is not on h4, so question of coming back on h4 with AP is not there.
This is very tricky, there is only one solution.
You can apply for AP from outside USA only if on emergency humanitarian situations. Look at Form I-131, there is an option to apply from outside USA.
Look at part one of the I-131 document and talk to your attorney if you can show such a need for an emergency humaitarian situation.
If you had already known about this, why did you make the mistake of sending her abroad....
I need your advise - have an issue with travel back to the US.
My wife is in India, her AP is expired and she needs to travel back to the US. I am working on an EAD, changed employers and could not transfer my old H-1 (H1 was valid until 06/09 - she has a H4 stamp in her passport valid until the same time). Given there is no H1/H4 or AP available to her now, how can one go about getting either AP reinstated (I know it says one cannot apply for AP when out of the country) or some other status for being able to travel back. We do have a child (US citizen) also in India with her.
I am trying to get advise from an immigration attorney as well but would like to hear from folks here if they have had to deal with this issue and if so what is the best way to deal with it.
Before someone shoots me for asking this question let me make it clear that I have been aware that she should have come back before her AP expired and one cannot renew AP while out of the country and this puts her GC application at risk (abandonement) - there were some factors involved here that were not in my control and therefore we have landed up in this messy situation.
I would really appreaciate any advise you can provide to my query. Thanks!
Sorry to know about your situation....
Since you are not on h1b , she is not on h4, so question of coming back on h4 with AP is not there.
This is very tricky, there is only one solution.
You can apply for AP from outside USA only if on emergency humanitarian situations. Look at Form I-131, there is an option to apply from outside USA.
Look at part one of the I-131 document and talk to your attorney if you can show such a need for an emergency humaitarian situation.
If you had already known about this, why did you make the mistake of sending her abroad....
belmontboy
04-25 07:11 PM
check the website: http://murthy.com/news/n_noh1bp.html
F-1 OPT with H1B Pending Now Wants 17-Month OPT Extension
�MurthyDotCom
Yet another variation that occurs involves F-1 students who have job offers. The prospective employer of an F-1 student normally has filed an H1B petition requesting a change of status for that F-1 student. The parties now want to take advantage of the April 2008 option announced by the USCIS to utilize the possible 17-month OPT extension provision. The employer needs to withdraw the H1B petition in order for the student to continue in F-1 status. Once the status is changed from F-1 to H1B, the individual would no longer be able to extend the OPT period, even if the H1B petition is approved for the future start date of employment. However, before withdrawing the potentially very valuable H1B petition, it is best to discuss the advantages and disadvantages with a qualified immigration attorney.
In your case you never started your H1 status. So you should be eligible for applying an OPT extension, which should give you ample time for next lottery.
I am no lawyer, you should check with a good immigration attorney about this.
F-1 OPT with H1B Pending Now Wants 17-Month OPT Extension
�MurthyDotCom
Yet another variation that occurs involves F-1 students who have job offers. The prospective employer of an F-1 student normally has filed an H1B petition requesting a change of status for that F-1 student. The parties now want to take advantage of the April 2008 option announced by the USCIS to utilize the possible 17-month OPT extension provision. The employer needs to withdraw the H1B petition in order for the student to continue in F-1 status. Once the status is changed from F-1 to H1B, the individual would no longer be able to extend the OPT period, even if the H1B petition is approved for the future start date of employment. However, before withdrawing the potentially very valuable H1B petition, it is best to discuss the advantages and disadvantages with a qualified immigration attorney.
In your case you never started your H1 status. So you should be eligible for applying an OPT extension, which should give you ample time for next lottery.
I am no lawyer, you should check with a good immigration attorney about this.