bradley emmanuel

Please use expedited shipping to place your orders before 12 PM EST on Monday.

I suppose you are living in USA.

On the second option "non-resident alien", if you are residing in USA, then you are not considered as non-resident. So I would eliminate this option.

On the first option "non-permanent resident alien", if you are residing in USA, I would choose this as the right option. Since holding an H1B means that you are a temporary (non-permanent) resident alien. Holding an EAD does not allow you to stay here permanently. It is only a temporary authorization to allow you to work without H1B. Remember that it requires renewal every year.

To answer your question, you are a non-permanent resident alien.

Venram,

I'm afraid your understanding of the term 'resident' or 'non-resident' is not correct.

In US immigration jargon, a resident-alien is someone who lives and works in US on a permanent basis- like on a Green card.
The term non-resident here does not mean that you are not residing in the US. It only means that you are an alien, living and/or working in the US on a temporary basis, and you are not a (Permanent) resident.

Resident alien - An alien living here on a permanent basis
NonResident Alien - An alien living here on a temporary basis

I've never heard of the term 'non-permanent Resident alien'.. I think it is same as non-resident alien..

I agree with you that IV needs money for the good cause and it has to come from donations. All I am saying is if someone like me who is on H1B and can't fill the profile wants to reply to someone's query then IV should not be charging me for that because I have no dates in my profile. Money has to be generated but not at the cost of popularity of IV and defeating the purpose of IV as a common platform for all legal immigrants.

With all due respect, why don�t you want to update your information? As others said that this info will help us to know where we stand as a group. All of us knows we need this forum to bring new people on board with us and only way is to get them here is help them when they have difficulty but other side of coin is we need ways fund our movement to move forward .If you have better idea or thoughts just toss it here our seniors will look in that.

Hi,

I was working for a company A and filed for h1 transfer through company b. I was able to transfer successfully. However, Company A realised that some how and fired me immediately. because of this I had to leave this company A before even I start working for Company B. As an Example, Company A termininated by job on august 23 rd and I started workin for the company B from August 31. I have filed, h1 transfer, while working for Company A and got approved.

I have been working for company for over a period of 3 years, got stamped once after wards, and also renewed my H1. Now I needs to get it stamped. I need to mention my previous employment history with dates along with employment letters in DS-156 form. Now I am afraid if they might reject my visa. Can you please help me understand my situation and offer any suggestion. thanks in advance

I have the same question. Help.... somebody. Thanks.

As listed if there is so many address .... is the just the place where we filed the 140 that counts ?

Does it make a difference where the labor is approved ?
Or
Just the place where the 140 was approved ?
Confused .....

I guess this for from July 1st to July 31st after that it is different Right ?

what Indian congressional representatives or Indian caucas..etc are doing for Indian immigrants??
do they have any word to say in this deep visa retrogression for indian origin?

I am assuming that your eb3 priority date is not current. In that case, won't you get a 3 year h1b extension when you transfer your h1 ? Reading through the forums here, I gather that you can get a 3 year h1b extension when you have an approved I-140 and are retrogressed.

Thank you Akred

So to put this clear... I have experience abroad matching the labor job profile of 4 years. Then I have experience in U.S. with employer A (no labor related only an H-1B) for 3 years. Then I worked one year with employer B and after that -in Feb 2005- Employer B applied for Labor. So my relevant experience that I could use to say the job is same or similar is my 4 ys abroad with similar job description plus the 3 years in US with company A so total 7 years.

When I joined company B (the labor sponsoring company) I already had 7 ys experience in other employer than B, so for same or similar I could use up to 7 ys experience requirement as long as the job description and title are almost the same (which they are)?.

I know this is an interesting question which many people probably have. I posted the question for the Conference call so that people which will be or are in the same situation could know for sure how to handle this isssue.

That's what I'm talking about ! :cool:


I am ready to apply for the 9th time this year:rolleyes:

Hi Gurus,

I got You 2 A# number. one is from I-140 and other is from I-485 which i filled on July 2007.

Is it any problem to get 2 A#? if yes then what should be plan of action?
If No then which one is active A# number.

Please advice.

onemorecame.

Bump

When I asked my attorney she said no you cannot.. thats what I quoted here.

Now with your suggestion, where this H1B gonna be coming from, the every year quota or will be the part of the existing H1B( that means one will not have to wait for the yearly quota.)

On visa revalidation visa stamp will show which H1B , the fulltime one or parttime?

This way everyone running out of the 6 years on Visa can actually use this route to have a total 11 years without filing the I-485. Moreover if this is true, everyone can have the backup H1B from any company in case they loose the jobs they can have the backup H1B to stay in status in the country. Now the other thing from that arises is if the main H1B is terminated on Layoff, which LCA will be in effect for salary condition.

I can work in the Software company fulltime but at the same time can work in a motel parttime, now when I get lay off from the software company ..I'll be in status but working for motel, also not full filling the condition of Highly skilled labor etc.

Can someone please explain all this. So far I know you cannot have this and this is what my attorney told me when I thought of doing that to open up a company and work as an employee partitme in it.

Mr Saxena

Please do not post misleading information. If you are not sure of something, please refrain from posting on such topics.

Now on to the OP :-

YES, you can have another H1. It is considered as a concurrent H1 or part time H1. You may work on it without any issues once you get it.
It would be a seperate case.

It should not have any effect on your current H1 or 140.

when me and my wife went for fingerprinting (in late 07 after that July fiasco), the person who finger printed my wife told her that she would get her green card in 6 months.. I didn't bother thinking about it since I knew that the dates were no longer current and knew his statement was not grounded. We've, off course, not received our green cards till now..

I think they just make a generic statement and they are unaware of retrogression, priority date, per country limits etc. He must have heard from somewhere that people get green cards 6 months after finger printing is done (which would be true in all cases that are not from India, China etc) and said it casually.

Now in your case, I'm not sure if his statement was based on anything really seen in the system or just a generic one.. I guess it's just a casual one..

^^^^^^^^^^^

My Grandfather applied for my mom in Family Based GreenCard under First Preference category.

He filed -
I-130,
his citizenship forms

After some extensive search I found the answer I wanted at:

http://www.immigration.com/newsletter1/childprotac.pdf


Visa Availability Date Regression
If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a �child� using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien�s �age� should be determined using the subsequent visa availability date.

As per H1B you cannot do this.. the second job will be illegal

you can do it... you have to file an addtional H1... its just like the regular h1 except it is for part-time work... dont know any further specifics...

I love that shot! Wonder how a flock of small birds passing by (not overhead) would look with their erratic flight paths?

Pick your battles!!
Battle ONE:
Make USCIS do or prove otherwise that what they publish and say is useless. So why publish at all.

BENEFITS:
1. My wife can work.
2. My son can get scholarships in college.
3. I can change jobs - so what if it is similar.

Battle TWO:
When I sink in Glory of winning battle #1 - I would definitely participate in getting Visa # increased - The longer and more difficult of the TWO Battles.
BTW - Let me know if battle # 2 is easier.

I do not know why is everyone facing "Attention Deficit Disorder".

I do not doubt that these calls serve a purpose. What I am not very happy about is what transpires after the call. I look for some kind of gratification or closure after a certain issue has been raised. When we participate in such calls with Ombudsman, and even when individuals focus on their own issues, it would not be too difficult to identify some of the generic problems. From the calls this time and the past one, I would be surprised it they did not see customer service and processing times as major issues. Not to say these are high priority problems but that most likely would be the summary of two calls.

But, what happens after that? We do not see what procedures are in place/discussions to rectify these problems.

Thats where I think calls/meeting with USCIS local or DC body could help. Thanks for pointing out that such meetings are already in the works. I will defer my discussion to my local chapter. Thanks.

I agree.
Maybe this is something our community can ask Ombudsman's office so that after calls, we can know any follow up action and status on the 'issues' raised during the call.

Guys,

I like the approach however I will request all Iowa residents to call Congressman Kings again and again. Also get your friends and coworkers to call.

Voter calls will always impact politicians...

Lets keep the efforts on...

Thanks


Calling only won't help for our cause.

Some has to go to his office with yesterday's list of amendement and his comments and explin him what's wrong with his stats.

and maybe we should go to our local senator's office with point King was making and right numbers (from DOS or USCIS's published data).

Just my 2 cents.