haroontabrez
10-05 07:44 PM
Hello,
Anyone who received their Advance Parole Approvals, from NSC, who filed their I-485/AP etc on July 2nd?
Thanks.
Anyone who received their Advance Parole Approvals, from NSC, who filed their I-485/AP etc on July 2nd?
Thanks.
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srgadi
10-21 06:28 PM
Got the CPO e-mails a short while ago. Its been a long wait (came to US in 1998) but ends well :)
Best of luck with all who are still waiting to be greened!!
Best of luck with all who are still waiting to be greened!!
westh1b
04-11 11:05 PM
Can any one please guide me that how to file complaint to DOL against his body shopper?
2011 o modelo Renato Seabra,
frostrated
06-18 02:38 PM
My husband's employer filed for green card under EB-1 (OR). I-140 got approved, I-485 is pending. I already did my fingerprinting. My husband's is scheduled for next week. We did not get EAD or AP yet.
Meanwhile I need to travel to Europe on business. I have a valid H-1 to re-enter US. Would my AP get approved before I return to US? If so, can I still enter with my valid H-1? My husband is planning to delay his biometrics until I get back. Are there any problems with this plan? Please advise
As long as you travel on H-!, you have no problems. You do not need AP to travel as long as your H-1 is valid. If you need a visa to re-enter, your visa needs to be valid too, or you can get a new visa based on your H-1.
If you want to avoid getting your visa renewed, then you need an AP.
Your husband does not need to delay his biometrics. It is independent of your case.
Meanwhile I need to travel to Europe on business. I have a valid H-1 to re-enter US. Would my AP get approved before I return to US? If so, can I still enter with my valid H-1? My husband is planning to delay his biometrics until I get back. Are there any problems with this plan? Please advise
As long as you travel on H-!, you have no problems. You do not need AP to travel as long as your H-1 is valid. If you need a visa to re-enter, your visa needs to be valid too, or you can get a new visa based on your H-1.
If you want to avoid getting your visa renewed, then you need an AP.
Your husband does not need to delay his biometrics. It is independent of your case.
more...
lostinthejungle
11-02 05:21 PM
Here's a sticky question - and appreciate "expert" advise on the matter:
My situation:
1. I currently work on a H1B for Company A
2. My future greencard has been filed by Company B - recd. EAD, applied 485
My question:
1. Can I work on my EAD either for company A or any other company?
2. What happens if I dont join Company B ever?
Appreciate your responses!!
Cheers!
My situation:
1. I currently work on a H1B for Company A
2. My future greencard has been filed by Company B - recd. EAD, applied 485
My question:
1. Can I work on my EAD either for company A or any other company?
2. What happens if I dont join Company B ever?
Appreciate your responses!!
Cheers!
kak1978
01-04 09:57 AM
Bump.
more...
godspeed
02-12 01:52 PM
Looking at your profile, i am surprised u still havent received the plastic card.
If your card gets approved while you are out of the country i.e. US, and you dont have AP i had read earlier that it is considered as an abandonment. The sole purpose of AP is to provide you to get in and out of US while on AOS period.
Did u check with your company Attorney?
Hi,
Dont know if this question has been asked before, but I recently got an extension and change of employer done using AC21 to a different company. I dont have an AP and dont have the time to get one. I am travelling to India next week and am scheduling an appoitment to get an H1B stamp. Will this be an issue? Is this considered abandonment of status?
Please let me know if someone else has been in this situation.
Thanks!
If your card gets approved while you are out of the country i.e. US, and you dont have AP i had read earlier that it is considered as an abandonment. The sole purpose of AP is to provide you to get in and out of US while on AOS period.
Did u check with your company Attorney?
Hi,
Dont know if this question has been asked before, but I recently got an extension and change of employer done using AC21 to a different company. I dont have an AP and dont have the time to get one. I am travelling to India next week and am scheduling an appoitment to get an H1B stamp. Will this be an issue? Is this considered abandonment of status?
Please let me know if someone else has been in this situation.
Thanks!
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BonoVox627
08-01 11:08 PM
No I am not.
more...
askreddy
06-18 01:05 AM
Hi
I was staying in Oregon.I am working in CA for the last one month.
My family still stays in Oregon and will continue there. We also moved to diff apt one month back in Oregon. ( In the same apt complex/zipcode)
I will stay here in CA for couple of months.
Can I give the present address in Oregon for all of my family members Since my family still staying there.
Do I need to give my present address for me in CA. I may be moving to diff apts here depending on project/confort.
Pls advice.
Askr
I was staying in Oregon.I am working in CA for the last one month.
My family still stays in Oregon and will continue there. We also moved to diff apt one month back in Oregon. ( In the same apt complex/zipcode)
I will stay here in CA for couple of months.
Can I give the present address in Oregon for all of my family members Since my family still staying there.
Do I need to give my present address for me in CA. I may be moving to diff apts here depending on project/confort.
Pls advice.
Askr
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forgerator
11-18 04:27 PM
I'm assuming the ESTA application is a one-time thing, otherwise no different than filling out yet another form.
more...
clockwork
09-19 07:19 PM
is it for Sub-Labour ?
No.
Category ?
EB3
and NO-RFE direct denial.
No.
Category ?
EB3
and NO-RFE direct denial.
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Blog Feeds
05-30 12:30 PM
Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:
An earlier blog post "Silicon Valley Employers Need to Prepare for Surprise USCIS Visits" (http://www.siliconvalleyimmigrationlawyer.com/2009/10/silicon-valley-employers-need.html#more) described the "new normal" of USCIS employees or contractors showing up unexpectedly and inquiring about past visa petitions and foreign national workers. A recently held Department of Homeland Security program, titled, "2009 Government and Employers: Working Together to Ensure a Legal Workforce" sheds more light onto the types of visits being conducted.
Ronald Atkinson, Chief of Staff of USCIS' Fraud Detection and National Security (FDNS) (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0353f8e5492ec110VgnVCM1000004718190aRCR D&vgnextchannel=2af29c7755cb9010VgnVCM10000045f3d6a1 RCRD) office, explained the three types of site visits that are currently being conducted:
Risk Assessment Program fraud study. Applicable to any type of benefit program, including family and employment-based visas, this study is part of a joint program between USCIS and ICE (Immigration Customs and Enforcement). Applications and petitions are chosen at random, usually on a post-approval basis, for visits to help in designing profiles of potential fraud.
Targeted site visits. These visits take place where fraud is suspected, and consist of a visit to ask questions. Advance notice, including notice to counsel, is supposed to be provided.
Administrative site visits. These relate to religious worker and H-1B petitions (http://www.geelaw.com/lawyer-attorney-1054805.html). They generally are conducted by contractors who know nothing of immigration law. Religious worker visits are performed under the regulations for that category. For H-1B site visits, the contractors have been equipped with a set of specific questions, and all employers/beneficiaries should be asked pretty much the same questions, primarily reaching the issues of whether there's really an employer there, whether the employer knows it filed the petition, and whether the beneficiary is doing the work and receiving the wage indicated on the petition. H-1B visits are done on a post-adjudication basis, and are randomly selected. Each employer should receive only one such visit, but may receive different visits for different sites.
More... (http://www.siliconvalleyimmigrationlawyer.com/2009/11/why-uscis-might-be-at-your-doo.html)
An earlier blog post "Silicon Valley Employers Need to Prepare for Surprise USCIS Visits" (http://www.siliconvalleyimmigrationlawyer.com/2009/10/silicon-valley-employers-need.html#more) described the "new normal" of USCIS employees or contractors showing up unexpectedly and inquiring about past visa petitions and foreign national workers. A recently held Department of Homeland Security program, titled, "2009 Government and Employers: Working Together to Ensure a Legal Workforce" sheds more light onto the types of visits being conducted.
Ronald Atkinson, Chief of Staff of USCIS' Fraud Detection and National Security (FDNS) (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0353f8e5492ec110VgnVCM1000004718190aRCR D&vgnextchannel=2af29c7755cb9010VgnVCM10000045f3d6a1 RCRD) office, explained the three types of site visits that are currently being conducted:
Risk Assessment Program fraud study. Applicable to any type of benefit program, including family and employment-based visas, this study is part of a joint program between USCIS and ICE (Immigration Customs and Enforcement). Applications and petitions are chosen at random, usually on a post-approval basis, for visits to help in designing profiles of potential fraud.
Targeted site visits. These visits take place where fraud is suspected, and consist of a visit to ask questions. Advance notice, including notice to counsel, is supposed to be provided.
Administrative site visits. These relate to religious worker and H-1B petitions (http://www.geelaw.com/lawyer-attorney-1054805.html). They generally are conducted by contractors who know nothing of immigration law. Religious worker visits are performed under the regulations for that category. For H-1B site visits, the contractors have been equipped with a set of specific questions, and all employers/beneficiaries should be asked pretty much the same questions, primarily reaching the issues of whether there's really an employer there, whether the employer knows it filed the petition, and whether the beneficiary is doing the work and receiving the wage indicated on the petition. H-1B visits are done on a post-adjudication basis, and are randomly selected. Each employer should receive only one such visit, but may receive different visits for different sites.
More... (http://www.siliconvalleyimmigrationlawyer.com/2009/11/why-uscis-might-be-at-your-doo.html)
more...
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neeidd
08-31 06:15 PM
bump
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smisachu
09-04 05:16 PM
If the company is moving within the same county then no issues.
If it's moving to a different state (or) to a different county within the same state, then refer the following thread
http://immigrationvoice.org/forum/showpost.php?p=158508&postcount=7
Remember, the prevailing wage differs from county to county even within the same state.
How about if the company moves with in the same state but different county. My company is moving to a bigger facility as we have outgrown the current facility. I have applied for I-485 on July 3rd and my I-140 is already approved.
Seeing that under AC21, they give flexibility to move to a different employer and different state, I think the law would be flexible enough to accomodate moving of the work location within the same state with same employer.
If it's moving to a different state (or) to a different county within the same state, then refer the following thread
http://immigrationvoice.org/forum/showpost.php?p=158508&postcount=7
Remember, the prevailing wage differs from county to county even within the same state.
How about if the company moves with in the same state but different county. My company is moving to a bigger facility as we have outgrown the current facility. I have applied for I-485 on July 3rd and my I-140 is already approved.
Seeing that under AC21, they give flexibility to move to a different employer and different state, I think the law would be flexible enough to accomodate moving of the work location within the same state with same employer.
more...
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deeru
04-02 12:55 PM
bump.....
dresses Renato Seabra esteve de novo
BECsufferer
08-10 09:14 AM
this is just like what people talk about IRS. I got packet in mail asking to contact immediatly field officer at local office regarding 2006 tax returns. Thinking worst, I didn't even go beyond subject line and everybody I talked or told, scared me to death. Finally, I mustered up courage to go line-by-line. Didn't understand what they were talking about and neither did the notice had my name or SSN. So left with no-choice, called IRS and found that documents were for previous resident!
Lession for me (and all) ... if you haven't done anything wrong intentially, their is nothing to be afraid about.
Lession for me (and all) ... if you haven't done anything wrong intentially, their is nothing to be afraid about.
more...
makeup de 20 anos Renato Seabra,
willIWill
10-29 04:43 PM
Economy returns to growth after deep slump | Reuters (http://www.reuters.com/article/GCA-Economy/idUSTRE59S1EF20091029)
BBC NEWS | Business | US economy is growing once again (http://news.bbc.co.uk/2/hi/business/8331497.stm)
The Good and the bad of this news.
Good: More Jobs created if the growth sustains moving forward to 2010. :)
Bad: Lesser Spill Over numbers than is being expected for 2010. ;)
BBC NEWS | Business | US economy is growing once again (http://news.bbc.co.uk/2/hi/business/8331497.stm)
The Good and the bad of this news.
Good: More Jobs created if the growth sustains moving forward to 2010. :)
Bad: Lesser Spill Over numbers than is being expected for 2010. ;)
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srikanth003
02-28 10:59 AM
Yeah, thinking of the same. Hopefully will make a decision soon. Thanks much for your timely answers. Greatly appreciated.
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mik
06-13 05:16 PM
Hi,
My case is a bit complicated. So, your advice will be of great help.
Shortly after arriving to the country, without knowing much about immigration laws, my company applied for an EB3 PERM labor certification, although I hold a Master's degree! But, my company lawyers lack any experience! Anyway, the LC was approved in October. However, as you have guessed, retrogression was there, and I've started the waiting phase.
After reading more about rules and law, I've decided to ask the lawyers to file using EB2. One month later, they've filed another LC in EB2. Naturally, this one was rejected because DOL doesn't allow multiple filing for the same position! Once more, my lawyers proved their inefficiency, and said, it's a mistake and filed for an appeal. Until this day, the appeal is in limbo, because the guys at DOL don't even want to look at at. All our requests for info went unanswered!
Anyway, now the visa bulletin for June shows that my EB3 date has become really close, it's June 2005 for my case (EB3 World), while my PD is July 2005! I thought, finally it's time to go on with I-140. Asking my lawyers, they've adviced that I should withdraw my EB3 and the stalled EB2 and file another EB2!!! Of course I wondered as you did, "why didn't they say so earlier", but their answer was that the law and company rules just changed!
Well, instead of risking both EB3 and EB2, I've asked to withdraw the non moving EB2 only, and see what happens in July visa bulletin, which I believe would move at least by a month. I'm still waiting for my EB2 withdrawal decision too.
So, my question to the experts on this forum, what should I do next? Let's say my EB3 PD becomes current, should I just file for my green card, and hope it doesn't retrogresses while my application is being processed?
Or should, I withdraw my EB3 too and start the whole process in EB2. I'm very worried an EB2 LC request would gets complicated this time too! At the same time, I'm worried the EB3 category gets retrogressed while my I-485 is being processed and I would have to wait even longer. What do you think?
Well, that was long. So, thanks for reading and waiting to hear your recommendations and experiences.
take care,
mik
My case is a bit complicated. So, your advice will be of great help.
Shortly after arriving to the country, without knowing much about immigration laws, my company applied for an EB3 PERM labor certification, although I hold a Master's degree! But, my company lawyers lack any experience! Anyway, the LC was approved in October. However, as you have guessed, retrogression was there, and I've started the waiting phase.
After reading more about rules and law, I've decided to ask the lawyers to file using EB2. One month later, they've filed another LC in EB2. Naturally, this one was rejected because DOL doesn't allow multiple filing for the same position! Once more, my lawyers proved their inefficiency, and said, it's a mistake and filed for an appeal. Until this day, the appeal is in limbo, because the guys at DOL don't even want to look at at. All our requests for info went unanswered!
Anyway, now the visa bulletin for June shows that my EB3 date has become really close, it's June 2005 for my case (EB3 World), while my PD is July 2005! I thought, finally it's time to go on with I-140. Asking my lawyers, they've adviced that I should withdraw my EB3 and the stalled EB2 and file another EB2!!! Of course I wondered as you did, "why didn't they say so earlier", but their answer was that the law and company rules just changed!
Well, instead of risking both EB3 and EB2, I've asked to withdraw the non moving EB2 only, and see what happens in July visa bulletin, which I believe would move at least by a month. I'm still waiting for my EB2 withdrawal decision too.
So, my question to the experts on this forum, what should I do next? Let's say my EB3 PD becomes current, should I just file for my green card, and hope it doesn't retrogresses while my application is being processed?
Or should, I withdraw my EB3 too and start the whole process in EB2. I'm very worried an EB2 LC request would gets complicated this time too! At the same time, I'm worried the EB3 category gets retrogressed while my I-485 is being processed and I would have to wait even longer. What do you think?
Well, that was long. So, thanks for reading and waiting to hear your recommendations and experiences.
take care,
mik
mbartosik
07-14 12:26 PM
I thought that the ideal time would be before applying for I485, and thus the dependant spouse would automatically get a gc with which ever spouse got the gc first. So I would think that both applying and getting married before either I485 is submitted, and who ever gets gc first their dependant spouse gets it too.
If the I485 is already filed I don't know if it can be amended.
I'm no attorney so you need to throughly research this.
If the I485 is already filed I don't know if it can be amended.
I'm no attorney so you need to throughly research this.
Blog Feeds
12-18 09:50 AM
As a California immigration lawyer who files many asylum cases, I am used to thinking of a the United States as a place of refuge and to documenting the horrible country conditions of other countries. I have successfully represented applicants for asylum who feared staying in their countries because while serving in their countries' armies, they were harmed on account of their sexual orientation.
It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.
The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.
It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.
More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)
It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.
The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.
It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.
More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)
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