fromnaija
11-16 01:09 PM
Even if your status changed to H1 in October 2004 and you started working in November 2004 for a second employer following approval for that employer, I would say it is just 30days and would not be an issue in future GC application. Don't worry about it.
wallpaper quot;Sweet Home Alabamaquot; days.
WAIT_FOR_EVER_GC
08-18 10:47 AM
WHom Should one call? What number.. I do not get any rep to speak to when I call USCIS
psaxena
09-30 07:51 PM
Free loader leave it , Now marketing vonage to get free 2 months.
When would you leave being so cheap
Hello all,
Is there any california chapter esp in Nor Cal.
We have to unite EB3 Guys and strike hard!!!
I have heard that next bulletin might bring breaking news for EB3I community but still we cannot keep relying on VBs.
It is like going to Jyotish for knowing future.
EB2 Guys, you should also help us even though if you are getting GCs faster...
Please provide me information on California chapter. I have just joined IV.
I believe it is high time to fight back.
(btw if anybody wants to have vonage $24.99, please let me know. I can refer you)
When would you leave being so cheap
Hello all,
Is there any california chapter esp in Nor Cal.
We have to unite EB3 Guys and strike hard!!!
I have heard that next bulletin might bring breaking news for EB3I community but still we cannot keep relying on VBs.
It is like going to Jyotish for knowing future.
EB2 Guys, you should also help us even though if you are getting GCs faster...
Please provide me information on California chapter. I have just joined IV.
I believe it is high time to fight back.
(btw if anybody wants to have vonage $24.99, please let me know. I can refer you)
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gcisadawg
06-26 01:16 PM
1) Since I140 never required the PD to be current how can one explain the backlog on I140 applications? They used to premium process those it in one month.
2) If 180 days pass since the I485 receipt date but I140 is not yet approved can one use AC21 safely?
(I understand the risk of having the I140 denied and being out of status. But aside of that... )
My understanding that the H1B cannot be ported once you have I140 pending without having to redo your I140 and I485.
The lawyers that created those laws must have been on something ...
Thanks
Caution: You are taking Risk!
Based on Yates memo ( you can google for this), a person with pending I-140
and I-485 pending for more than 180 days can invoke AC21 provided I-140 is approvable at the time of using AC21. Approvable meaning, if they take up your 140 during AC21, it should be in a position to be approved without RFE's.
There was a link on Ron's site where he said
1> if you don't have to worry about ability 2 pay issue, meaning, your company is big
AND
2> you don't have to justify your qualifications for your EB category. Say, a three year degree and some diploma/certification for EB3 and four year degree and questionable experience for EB2 or a four year degree with diploma/cert that qualifies as masters...Especially Eb2 you have to be careful...Since most jobs doesnt require Eb2 but people apply thru that because they have masters or Bachelors plus five....Don't get me wrong on this...I've seen people in EB2 category doing QA testing. I agree, there are many EB2 that do advanced work....and not just software application development/management.
If the above two are good, the chances of RFE on I-140 is slim.
Even if there is one, your old company should co-operate...I believe that is where the risk is....
2) If 180 days pass since the I485 receipt date but I140 is not yet approved can one use AC21 safely?
(I understand the risk of having the I140 denied and being out of status. But aside of that... )
My understanding that the H1B cannot be ported once you have I140 pending without having to redo your I140 and I485.
The lawyers that created those laws must have been on something ...
Thanks
Caution: You are taking Risk!
Based on Yates memo ( you can google for this), a person with pending I-140
and I-485 pending for more than 180 days can invoke AC21 provided I-140 is approvable at the time of using AC21. Approvable meaning, if they take up your 140 during AC21, it should be in a position to be approved without RFE's.
There was a link on Ron's site where he said
1> if you don't have to worry about ability 2 pay issue, meaning, your company is big
AND
2> you don't have to justify your qualifications for your EB category. Say, a three year degree and some diploma/certification for EB3 and four year degree and questionable experience for EB2 or a four year degree with diploma/cert that qualifies as masters...Especially Eb2 you have to be careful...Since most jobs doesnt require Eb2 but people apply thru that because they have masters or Bachelors plus five....Don't get me wrong on this...I've seen people in EB2 category doing QA testing. I agree, there are many EB2 that do advanced work....and not just software application development/management.
If the above two are good, the chances of RFE on I-140 is slim.
Even if there is one, your old company should co-operate...I believe that is where the risk is....
more...
parthu_r
01-17 05:16 PM
What is the Cutomare service No to Contact ( I dont have the receipt nUmber)
deardar
06-18 09:57 AM
I asked the same question yesterday at POE Boston.
He said I have to renew the AP before it expires. The Parole stamp is valid until an year from yesterday.
He said I have to renew the AP before it expires. The Parole stamp is valid until an year from yesterday.
more...
polapragada
09-01 12:37 AM
Hi,
My H1 B is valid until 2010 (mar). But considering my entry/exit (I94) dates - I will be completing my 5 years in next 2 months.
My query:
1. Do I have time until 2009 (mar) for filing the Labor?
2. Can I file GC in the 6th year of H1 B, if yes what are the consequences?
Thanks in advance
Yes you ahve time. But don't wait hurry up, we need not get surprised if they change rules even....
Any way for March 2009 you have only 6 months you have so much work to do like paper adds, etc... so... All the best
My H1 B is valid until 2010 (mar). But considering my entry/exit (I94) dates - I will be completing my 5 years in next 2 months.
My query:
1. Do I have time until 2009 (mar) for filing the Labor?
2. Can I file GC in the 6th year of H1 B, if yes what are the consequences?
Thanks in advance
Yes you ahve time. But don't wait hurry up, we need not get surprised if they change rules even....
Any way for March 2009 you have only 6 months you have so much work to do like paper adds, etc... so... All the best
2010 dan Sweet Home Alabama ini
eb3_nepa
06-08 12:41 PM
:p maybe 2020, i am sure my PD will become current the day i buy tickets to return:D
Then buy those tickets already!! ;)
Then buy those tickets already!! ;)
more...
imh1b
10-26 08:44 AM
USCIS - USCIS Issues Two Precedent Appeals Decisions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f8925403f0bcb210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
USCIS Issues Two Precedent Appeals Decisions
WASHINGTON�U.S. Citizenship and Immigration Services (USCIS) today announced that it has issued two decisions from the USCIS Administrative Appeals Office (AAO) as binding precedent for the agency. These decisions will provide guidance to USCIS adjudicators and help deliver predictability to the public. AAO precedent decisions result from a collaboration between the U.S. Department of Homeland Security (DHS) and the U.S. Department of Justice (DOJ), which publishes the cases.
"The issuance of AAO precedent decisions honors USCIS�s commitment to the clear and consistent application of the immigration laws," said USCIS Director Alejandro Mayorkas. "We are grateful for the Justice Department�s partnership in our efforts to promote predictability in immigration-benefits cases." USCIS is committed to issuing further precedent decisions going forward, given their value to the agency and the public.
An AAO precedent decision is an immigration-appeals case that DHS, with the Attorney General�s concurrence, designates as establishing a rule for deciding future cases. Once published by DOJ, AAO precedent decisions bind all DHS personnel in the administration of the immigration laws. DOJ publishes the decisions in the bound volumes of the "Administrative Decisions Under Immigration and Nationality Laws of the United States" (I&N Dec.), which also contain the precedent decisions of the DOJ�s Board of Immigration Appeals.
The first decision affirms USCIS�s denial of an application to adjust status to permanent residence and holds that an employment-based petition must be "valid" initially if it is to "remain valid with respect to a new job." The second decision reverses USCIS�s denial of an application to preserve residence for naturalization purposes and clarifies the definition of employment by an "American firm or corporation."
For more information on USCIS and its programs, visit USCIS Home Page (http://www.uscis.gov).
USCIS Issues Two Precedent Appeals Decisions
WASHINGTON�U.S. Citizenship and Immigration Services (USCIS) today announced that it has issued two decisions from the USCIS Administrative Appeals Office (AAO) as binding precedent for the agency. These decisions will provide guidance to USCIS adjudicators and help deliver predictability to the public. AAO precedent decisions result from a collaboration between the U.S. Department of Homeland Security (DHS) and the U.S. Department of Justice (DOJ), which publishes the cases.
"The issuance of AAO precedent decisions honors USCIS�s commitment to the clear and consistent application of the immigration laws," said USCIS Director Alejandro Mayorkas. "We are grateful for the Justice Department�s partnership in our efforts to promote predictability in immigration-benefits cases." USCIS is committed to issuing further precedent decisions going forward, given their value to the agency and the public.
An AAO precedent decision is an immigration-appeals case that DHS, with the Attorney General�s concurrence, designates as establishing a rule for deciding future cases. Once published by DOJ, AAO precedent decisions bind all DHS personnel in the administration of the immigration laws. DOJ publishes the decisions in the bound volumes of the "Administrative Decisions Under Immigration and Nationality Laws of the United States" (I&N Dec.), which also contain the precedent decisions of the DOJ�s Board of Immigration Appeals.
The first decision affirms USCIS�s denial of an application to adjust status to permanent residence and holds that an employment-based petition must be "valid" initially if it is to "remain valid with respect to a new job." The second decision reverses USCIS�s denial of an application to preserve residence for naturalization purposes and clarifies the definition of employment by an "American firm or corporation."
For more information on USCIS and its programs, visit USCIS Home Page (http://www.uscis.gov).
hair (hello Sweet Home Alabama,
gc_on_demand
02-17 09:37 AM
I had an appointment on Feb 13th at Delhi for H1b renewal. It took less than 15 min for both of us. H1b and h4 we were given special treatment because of our US citizen children. No waiting in line and even no qu from VO once he came to know about children
more...
Pagal
07-20 09:20 PM
Hello,
UK now provides 10-year visitor visa with 6m stay at one time...makes life easy and allows you to enjoy the old country (in-transit or on its own)...
UK now provides 10-year visitor visa with 6m stay at one time...makes life easy and allows you to enjoy the old country (in-transit or on its own)...
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guest1978
05-13 10:08 AM
I got my GC but my wife's application (based on my 485) is still pending. I think at this point I can switch jobs/go to school full time and it won't affect my spouse's case. Just want to double check on this, any thoughts??
__________________
__________________
more...
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gc_maine2
05-22 09:21 AM
Congratulations !!!.Enjoy your freedom...
i thought i would share that my 140+485 which was concurrently filed on 2nd jul got approved today. seems like the ead renewal trigerred it as i see a LUD on that as well.
looks like 2003 pd are starting to get picked up at TSC.
how long does it take to get the actual card? i have to travel outside the country next month, what do i need to get back?
thanks.
i thought i would share that my 140+485 which was concurrently filed on 2nd jul got approved today. seems like the ead renewal trigerred it as i see a LUD on that as well.
looks like 2003 pd are starting to get picked up at TSC.
how long does it take to get the actual card? i have to travel outside the country next month, what do i need to get back?
thanks.
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lost
10-27 09:05 AM
In what stage is the background check done? and are we notified of its completion?
more...
pictures reese witherspoon wedding
prasadn
06-30 12:06 PM
Hi Friends,
I am a green card holder, becoming eligible for citizenship in April 2009. My fianc�e has been in the US for the past 2 plus years on F1. She completes her MS in December this year .We plan to visit our home country in August this year and get married. I thought this was a relatively uncomplicated case till I read in some forum recently that marriage to a permanent resident can be a barrier to being admitted to the U.S. in F-1 status. This is because such a marriage obliterates the "non-immigrant" intent required for F-1 entrants. This could very easily jeopardize her plan to re-enter in F-1 status.
Any thoughts or advice on this? Appreciate all the help.
Thanks a lot.
It is better to register you marriage here in the US, appy for your spouse Adjustment of status and travel on AP to your home country to get married. The other choice is to wait till you become a citizen and then get married.
I am a green card holder, becoming eligible for citizenship in April 2009. My fianc�e has been in the US for the past 2 plus years on F1. She completes her MS in December this year .We plan to visit our home country in August this year and get married. I thought this was a relatively uncomplicated case till I read in some forum recently that marriage to a permanent resident can be a barrier to being admitted to the U.S. in F-1 status. This is because such a marriage obliterates the "non-immigrant" intent required for F-1 entrants. This could very easily jeopardize her plan to re-enter in F-1 status.
Any thoughts or advice on this? Appreciate all the help.
Thanks a lot.
It is better to register you marriage here in the US, appy for your spouse Adjustment of status and travel on AP to your home country to get married. The other choice is to wait till you become a citizen and then get married.
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andycool
06-24 04:22 PM
My spouse submitted her EAD e-filing application 2 months back. How long does it take to receive the finger printing appointment notice. Kindly advise.
My wife applied for EAD on April 1st - Never received FP , on may 12 received rfe for Photos..
I e filed my EAD on April 26 - got FP notice on april 30
Hope this helps
Thanks
My wife applied for EAD on April 1st - Never received FP , on may 12 received rfe for Photos..
I e filed my EAD on April 26 - got FP notice on april 30
Hope this helps
Thanks
more...
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kpkrind
09-05 10:54 AM
Hello All,
Here are my case details, please help me.
- I am on a H1 visa through company ABC and my H1 visa and I-94 are expiring on Sep 30th 2007
- My wife is currently on a H4 visa and she arrived in May 2007. Her h4 visa and I-94 are valid till Sept 30th 2007
- My consulting company ABC has filed for her H1 visa and she received her H1 approval notice in May 2007 (after her arrival here) with a start date of Oct 1 2007. Since it was not a COS, she didn't receive a new I-94.
- Since our plan was to stay together for a few more months till November, My employer(and my spouse H1 sponser) ABC has filed for my H1 visa extension and her H4 visa extension and we have received receipts for both of the applications.
Would that be sending wrong signal to USCIS, saying that she wants to continue on H4 and not work on H1? Would that cause H1 approved petition to be cancelled or revoked. Is it true? If its going to be a problem, what are the immediate steps she can take since she wants to work?
We were exploring ways that she can get the H1 I-94 legal status from staying within US instead of exiting the country and getting a H1 stamping right now. What steps can we follow.
* Form I-539 which we used for extending the H4 status, could we have used the same form for requesting a change of status to H1 and since it is almost taking upto 3-4 months, would we have been granted a I-94 for H1 sometime in Nov as we were wanting? Could she stay in the US legally once this form had been filed until its approval?
* Should the employer file for I-129 to amend the status of stay from H4 visa to H1 visa and when he should do it?
Regards
Prakash
Here are my case details, please help me.
- I am on a H1 visa through company ABC and my H1 visa and I-94 are expiring on Sep 30th 2007
- My wife is currently on a H4 visa and she arrived in May 2007. Her h4 visa and I-94 are valid till Sept 30th 2007
- My consulting company ABC has filed for her H1 visa and she received her H1 approval notice in May 2007 (after her arrival here) with a start date of Oct 1 2007. Since it was not a COS, she didn't receive a new I-94.
- Since our plan was to stay together for a few more months till November, My employer(and my spouse H1 sponser) ABC has filed for my H1 visa extension and her H4 visa extension and we have received receipts for both of the applications.
Would that be sending wrong signal to USCIS, saying that she wants to continue on H4 and not work on H1? Would that cause H1 approved petition to be cancelled or revoked. Is it true? If its going to be a problem, what are the immediate steps she can take since she wants to work?
We were exploring ways that she can get the H1 I-94 legal status from staying within US instead of exiting the country and getting a H1 stamping right now. What steps can we follow.
* Form I-539 which we used for extending the H4 status, could we have used the same form for requesting a change of status to H1 and since it is almost taking upto 3-4 months, would we have been granted a I-94 for H1 sometime in Nov as we were wanting? Could she stay in the US legally once this form had been filed until its approval?
* Should the employer file for I-129 to amend the status of stay from H4 visa to H1 visa and when he should do it?
Regards
Prakash
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kevnss
04-03 12:11 PM
Great, thanks for the clarification.
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fasterthanlight�
06-14 10:25 PM
Well then at least center it!
trexx7
09-26 02:03 PM
http://www.businessweek.com/ap/financialnews/D8RT6BE80.htm
This is one more reason why Congress should realize to increase the number of green cards.
This is one more reason why Congress should realize to increase the number of green cards.
nvsrkriss
04-12 12:14 AM
1)on Feb 19 th 2008 came to US with H1B Visa stamp of Comp A having
validity till AUG 2010
2)Transferred VISA to Comp B by applying with in 15-20 days after
landing into USA and got approved till Feb 2011.
3)after working for 10months in Comp B applied for transfer to Comp C
4)after getting receipt started working with Comp C
5)on Jan 21,2009 acc to USCIS site RFE was issued
6)on Apr 10,2009 Visa denied. I am still waiting for the details of the RFE and denial from my attorney?
Q1) Am I still legal to stay,if so till how many days or am I
already out of status?
q2)can I still rejoin the previous employee i.e.Comp B
q3)can Comp C able to reapply for H1B if So after how much time can it
reapply for me?
Please help
Thx
validity till AUG 2010
2)Transferred VISA to Comp B by applying with in 15-20 days after
landing into USA and got approved till Feb 2011.
3)after working for 10months in Comp B applied for transfer to Comp C
4)after getting receipt started working with Comp C
5)on Jan 21,2009 acc to USCIS site RFE was issued
6)on Apr 10,2009 Visa denied. I am still waiting for the details of the RFE and denial from my attorney?
Q1) Am I still legal to stay,if so till how many days or am I
already out of status?
q2)can I still rejoin the previous employee i.e.Comp B
q3)can Comp C able to reapply for H1B if So after how much time can it
reapply for me?
Please help
Thx
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