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Wednesday, June 29, 2011

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  • Brad
    January 10th, 2004, 09:20 AM
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  • nursekm
    09-24 06:54 PM
    Hello,

    My situation:

    I have I-485 pending at NSC EB3 category with July 2007 filing date. My I-140 is approved. I am planing to quit my job and get a job in different job qualification.Hence cannot file AC21.

    My wife got naturalized and after researching online, I made a decision to file new 485 with I-130,I-864 and I-131. My AP based on employment based 485 is expired and hence I applied for new I-131 through family based thus saving money.

    I did not apply for I-765 (Family Based) as I had an active EAD untill 2012(Employment Based).

    I am to quit my job and afraid that my I-140 (Approved Jan 2008) will be pulled and hence my I-485(Employment Based) will be denied/revoked. Since my active EAD is based on the employment based 485, it will be unusable/revoked as well.I do not want to invoke AC21. For this reason, I want to file EAD based on Family -I-485.

    My question is :

    1) Can I file for I-765 based on pending I-485 (Family Based IR1).
    2) Since they required to submit the last EAD issued - which in my case is employment based EAD expiring in 2012, The chances are USCIS will deny it or am I to do something differently?

    In brief,

    How do I apply for 2nd EAD (Family based IR1 with new I485) while the Employment based EAD is still active?
    What documents should I turn in ?
    How do I explain USCIS about the situation?





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  • SunnySide
    04-03 04:42 PM
    requirements on labor was Bachelors Degree with 5 years of experience.
    Single source Bachelors degree was the reason for denial.





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  • grupak
    11-28 07:47 PM
    NIW have to stick to the field in which they got their waiver from labor, as far as I understand. All comes down to how the NIW I-140 application/support letters were worded.



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  • cheg
    07-23 08:15 PM
    I'm assuming too that your husband is the primary applicant for the I-485. Does your husband have his I-140 approved because if he does then I believe he can file for 3 year extension? In my opinion, it's good to have your H1 or H4 intact just in case something happens to your application. I also think that having EAD and AP also benefits you for emergency purposes. Hope this helps!





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  • pune_guy
    10-16 07:28 PM
    You can take FP test at any location in United States. Just make sure that you go to the nearest location at the time mentioned in the notice. I had an appointment at the Oakland office but I went to the San Jose office and they let me do the FP test there. I had gone to them the previous day to confirm whether I can take FP test at their office and that's when they told me that I can go to any office in US.



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  • sankari
    05-08 08:49 AM
    Hi
    My H1B visa end date is 30July2013(PED or expiration date in H1B visa stamp) and my I-94 end date is 10-Aug2013.But in I797B the end date is 30July2011. Can you please help me that i need to do my H1B visa extension within 30July2011?....please clarrify that visa validity depends on I94 or Visa end date or I797B end date....thanks





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  • reverendflash
    10-14 01:38 AM
    have you tried:

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    lots o' sounds:P

    Rev:elderly:



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  • iuiukk
    10-01 04:20 PM
    I came to US on B2 10-year multiple visa, my I-94 is going to expire in a few weeks (first time extension approved ). My husband�s citizenship application has been pending for the past 10 months, it is in internal security check , so don't know how long it will take to clear.

    What are the consequences if I over stay on my B1 visa for about 150 days, during which I apply for my I-130 and then go back to my home country and go for the consulor processing. Is this can be done? I got different opinions so confused. Would it impact my consular interview?

    The hope is my husband�s citizenship would be approved before that and I might never have to leave the US.

    Thanks in advance.





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  • Lisap
    08-24 04:29 PM
    What does LUD mean?



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  • forgerator
    12-28 01:12 PM
    congrats! So the days of PERM taking 6-8 months are over?





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  • hatiangrl@yahoo.com
    02-08 12:42 AM
    HI IM 17 years old my dad applied for my green card and it been 3 years i still did not get it they had sent me to go get my fingerprint taken but i had ran away home and missed the appointment date my sister just got her approval.please can someone help or advise me im almost done with school and i wanna attend college and get a job



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  • manishcp
    05-08 07:39 AM
    I used last time and I show offcer only one and he return it to me.
    LAst year I got 4 AP documents. This year I got only 2 PA docs.





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  • AJT
    07-06 10:41 PM
    Dear Core Team,

    Can you please indicate on the site if there are any bills (pending or otherwise in both the house and senate) that can get renewed focus or revived that would offer some sort of relief to the current situation of unavailability of visa numbers in the employment based green card process. I strongly feel that the current momentum and attention being drawn by the DOS/CIS update can be used to urge congress to pass some interim measure outside of CIR. That is where in my opinion should IV's focus be at this juncture. If and when you post anything on the site, i and other IV members i'm sure shall begin calling house reps. and senators to urge them for bringing the bill to the floor so that it provides relief to hundreds of thousands of legal immigrants.

    Thanks!



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  • drirshad
    06-17 03:40 PM
    Use latest I-94 from H-1 as the old I-94 is supposed to be old after the new one arrives with the H-1 approval ...





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  • Maverick1
    11-08 12:30 PM
    IV Core...
    Any update on this bill introduced yesterday in the Senate..
    Is there anything for us in this buried somewhere...??

    I saw about it on CNN yesterday. A bipartisan bill is being proposed in the house (Some thing like 41 DEMS and 47 REPs) are sponsoring and they expect the number to reach 100 in a day or two.

    Looks like the focus of this bill is just securing the borders and has potential to pass. It appears it is a great opportunity (If possible) to add some recapture provisions to this. Is IV working on it ? It is alright if it is being discussed in State Chapters and can't be disclosed here, please say so.



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  • michael peterson
    01-08 03:07 AM
    after all there is no departure date stamped in my passport? do the airlines inform INS of passenger departure dates? does INS keep a record of departure dates of green card holders in their computers?

    i know that the immigration officer at the port of entry asks "How long have u been outside the US?" In my case it will be one year and one week so can i just say "about a year"





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  • singhv_1980
    05-09 09:01 PM
    - H1B is good as long as employer-employee relationship is maintained, which in your case should be fine
    - You may have issues with 140 approval (Just my opinion, I may be wrong)
    - If you are considering H1 transfer, that may have issues as you may not have latest paycheck..

    Thanks for the reply. Is I-140 very dependent on company's financial position? What if actually everything goes back on track and I get my pay and stuff?

    Can you please elaborate your views about I-140 here?

    Thanks again!!





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  • vikasgarg24
    08-09 10:53 AM
    Hi

    This question is for my friend. he has a Bcom (3 years bachlors from India) with certification of chartered accountant and cost accountant. He has a 6 years of post qualification experience in india (after ca and ) and now he has 6.5 years of experience in US. (Total post qualification experience is 11-12 years)

    His lawyer said as this is a 3 years degree you dont qualify for EB2. lawyer also send us a case where DOL denied CA plus 3 years of bcom under EB2.

    Can you help us if he qualify for EB-2, what is the best way to file.





    krithi
    02-07 04:38 PM
    Its waived if you are a returning on H1/L1 visa, but it din metion anything about using AP on return.

    Thnx,
    Java





    eb3retro
    10-01 04:29 PM
    Wrong forum iuiukk..This forum is only for LEGAL employment based immigration issues. You will not find a single soul here in IV that will help you or give advice to you to do anything illegal. We are law abiding professionals and so you are looking for advice in the wrong forum.

    I came to US on B2 10-year multiple visa, my I-94 is going to expire in a few weeks (first time extension approved ). My husband�s citizenship application has been pending for the past 10 months, it is in internal security check , so don't know how long it will take to clear.

    What are the consequences if I over stay on my B1 visa for about 150 days, during which I apply for my I-130 and then go back to my home country and go for the consulor processing. Is this can be done? I got different opinions so confused. Would it impact my consular interview?

    The hope is my husband�s citizenship would be approved before that and I might never have to leave the US.

    Thanks in advance.



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  • gcdreamer05
    09-30 12:58 PM
    Could this be the administrative fix that IV is working on - which pappu replied in another thread.

    Can we please get this so that people can add spouses (if they did not do so during july fiasco).





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  • Janisaris
    10-22 09:58 AM
    I am in the same boat. Filed July 19th . As of Last Friday not in the system.
    No checks cleared. All the guys who filed with me got their receipt last week from Texas. I am the only one remaining. My I140 was approved from NSC.





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  • mna123
    12-17 07:32 PM
    My I140 is approved and my I485/EAD/AP was applied last month and nothing is approved yet.

    The company finances are not looking good , if I lose the job then what would happen to my GC application. I am hoping to get EAD before company pulls the wire on me though.

    What would be my best options. Please reply ASAP

    Thanks,





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  • tonyHK12
    05-19 11:59 AM
    Arnold's Baby Mama Is Guatemalan Migrant : Barbados Gazette (http://www.barbadosgazette.com/arnold%E2%80%99s-baby-mama-is-guatemalan-migrant/)



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  • GC_ki_daud
    07-11 04:05 PM
    Please Gurus Help here :confused:





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  • yyfGC98
    05-19 12:49 PM
    I need help on my I485 pending case:

    When I was a PHD student I filled NIW (national interest waiver) and got my I-140 approval (priority date is 6/22/2006). Now I am working for a Telecommunication company.

    My NIW I-140 form stated my job is:

    SOC Code: 17-2112
    Nontechnical description of job: Operations research and logistics with optimization and numerical analysis.

    In my NIW cover letter, I stated my contribution in airline industry with the operations research and optimization knowledge. My current work is still related to the operations research and logistics but my contribution is different now. Does that mean I am not in the same research/work field? Some attorney said my I-485 will most probably be denied because I am not benefit to airline industry now. Is this true?

    What is the definition of the same/similar field? I thought I should be safe as long as I continue to work on OR and logistics related work, even if my work on different project or for different companies.

    When USCIS process I-485, they will look at the job description on I-140 form or the contribution in cover letter?


    An attorney suggested me to apply a PERM as a backup to keep the existing priority date (6/22/06), in case my NIW-based 485 case has any issue.
    What's the percentage of chance that you think my 485 can be denied due to the working field issue? I originally thought it's very small (less than 5%), and I just need to wait for the Visa availability. Is it correct?

    My husband's H1 visa is about to reach the 6 year limit in March 2011, and he was thinking to use EAD from my 485 case until we get green card. Is this a good plan, or he need to apply a PERM as a backup too? Is it too late? What would be a good plan?



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  • kiran24
    07-21 01:55 PM
    Crazymonk,

    Thank you for the advice. One more question. After I fill this form , the employer should keep it for their records only. Correct? No need to send it to anyone.





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  • mirage
    07-09 08:54 AM
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  • JA1HIND
    02-06 08:34 AM
    It looks as though they have updated their page. Previously they were suggesting people apply 180 days in advance.

    You are right a month ago it used to say 180 days as I have a print out and now it say's 120 days...since we are dealing with notorious USCIS who are very popular of doing such silent updates and there won't be any track of updated time stamp or date stamp anywhere on this website...(which is another useless page) I guess they do it on purpose and not sure if you remember recently how they changed dates for NSC & TSC for 140 processing dates etc....





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  • Pasquale
    04-02 03:12 AM
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  • l_ynx
    10-25 05:12 AM
    of course...
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    just another question:
    when you make a new material, can you export it or save it?? or sth. like that?
    greetz





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  • jv101
    05-20 12:46 PM
    I'm working for Company A and this is my 7th year on H1-B.
    I got three years extension last year which is good until Aug'2012 through companyA.(Based on approved I-140 from my previous employer).
    My previous employer withdrew my I-140 petition but luckly after getting my 3 year extension with Company A.
    Actually,I didn't know that my previous employer had withdrawn the I-140 petition.(Online case status was showing it as approved.) q


    I got a very good offer from Company B but I didnt want to take chances with USCIS,so I've told them that I would join only after approval.

    CompanyB applied for my H1-B peition asking for 3 year of extension based on I-140 approval.

    I was told today that my CompanyB H1-B petition has been denied because of I-140 withdrawal from my previous employer.we didnt know about this because the online case status for I-140 was still showing as approved.


    Question
    1)Since I've a valid visa until 2012 with Company A. Can company B reappeal the decision asking for H1-B transfer only until 2012.

    2)Does the denial has any impact on my current Company A's H1-B petition.

    I know it's a tough one but I do appreciate your feedback/help on this issues.

    Thanks,
    V.



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  • jamesingham
    04-11 11:38 AM
    Hello,

    My wife is currently on H4 status. (Just the I-94, her visa expired last year October). She started her MS in Fall 2009. She already competed 2 Semesters of MS on H4 visa. We applied for her Change of Status to F1 visa in March. According to the USCIS processing dates, she will get the COS approved approximately in June 1st week.

    She will have to travel to India this summer. The question we have is,

    is it advisable to wait till she gets her F1 COS Approved and then go to India for F1 Stamping ?
    or abandon the F1 COS and go for F1 stamping directly in India ?

    Please advice if there are any risks involved here.





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  • ivuser9
    09-11 01:11 PM
    As far as I know both the client and vendor letters should state the same and it is good if you have it for 3years.

    At least see if your manager is willing to give you the letter on company letter head.

    Good luck



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  • jsb
    09-13 10:20 AM
    Washington DC has declared Sept 18 as car-free day encouraging commuters to leave car at home. For details see link below:

    http://www.wmata.com/about/met_news/story.cfm?ID=1461

    This suggests that on Tuesday car traffic in DC area may be less than normal, and public parking may be relatively easier to find. Normal daily parking is $12 to $16 within 1/2 mile of Washington Monument (familiar vertical landmark). Never-the-less, if possible, Metro rail is the hassle-free choice.





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  • martinvisalaw
    11-25 12:59 PM
    I If I accept the part, will this violate the terms of my H1-b?
    Yes. Your H-1B only allows you to work in that position, for the H-1B employer.

    Also, if I am approved for an EAD down the road, can I use the EAD to do acting work on the side?

    Yes, however you will also need to use the EAD to authorize you to continue the computer programmer position. As mentioned above, once you work as an actor, you have violated the H-1B status and cannot use it even for the programmer position.



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  • geesee
    08-22 01:15 PM
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  • chicagoanvisitor
    12-02 02:47 AM
    Hello,

    I have recently moved from Company A(where I worked for 6 years of which last 4 years was in US on H1B) to Company B(working here for 6 months). My H1B transfer is complete but my VISA needs stamping. I need to travel to UK for 2-3 days next week.

    Am I eligible to get the Visa stamping done in London? If so, is this a high risk option? How do you compare the risk of the option with the risk of alternate in making a trip to India from UK to get my Visa stamped? Does the fact that my current job is with a smaller(200 to 500 employees) IT consulting firm add to the risk significantly?

    Do you think it is possible to get stamping dates around Dec 12-13?

    In case VISA gets rejected in UK, what are the chances I can go back to India and get it stamped after that? And how long will that take on average?

    Thanks much for your time.





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  • ivx
    03-15 10:19 AM
    Murthy.com posted this topic

    Proposed Changes to I-129 Would Affect H1B & Other Employers
    MurthyDotCom : Proposed Changes to I-129 Would Affect H1B & Other Employers (http://www.murthy.com/news/n_cha129.html)

    I believe this topic hasn't been discussed on IV. Looks like the proposed changes are going to make lives of Consulting company employees much harder. Thoughts from IV members?





    SunnySurya
    07-27 01:49 PM
    WandMaker,
    Thanks for ur answer. I saw case posted by Loti_GC and his did not seem to be the case of two different I-140. That what got me concerned. When I called USCIS they declined to reveal this information,
    EB2, if your I-140 approval reads as "Section: Mem of Profession w/Adv Deg, or of Exceptn'l Ability Sec.203(b) (2)" You should be worried only if you had two different 140 with the same employer. Take infopass and give a try, there is no standard procedure to find out.





    larmani
    09-28 07:32 PM
    Mine was approved after 2 weeks and it was premium processing(approved on July 12th)



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  • james_bond_007
    03-21 01:19 AM
    are there any approvals from TSC lately ? since the online status is down, there is no way to get status updates now. Worse yet we don't get notifications on RFE's and if the lawyer did not notify on time, this is going to be a disaster..





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  • TheCanadian
    08-24 12:38 PM
    http://forums.msdn.microsoft.com/en-US/csharplanguage/thread/560ca9d9-1ef3-4aae-b0a7-aa029da66b99/





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  • paulinasmith
    08-11 07:06 PM
    Hi All,

    What is the priority date?There is an employer who filled PERM for me in October 2008 and the PERM was approved.I-140 was not filled.

    The employer laid me off due to bad economy. Can I still claim October 2008 as my priority date?

    Thanks,





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  • vinki
    09-17 06:26 PM
    hi all !!
    my husband concurently file I-140 and I-485 (along with EAD and AP) on 22nd June 2007. We got our I-140 approved on 30th August. I have two questions

    1. When can i expect my EAD ?
    2. Is there any rule that i shud start working within some stipulated time after getting my EAD or i can take my own time ?



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  • tcsonly
    07-24 11:43 AM
    Can you please point me to the thread? Thank you.

    Take some time to search the forums before starting new threads.
    The answer to your question is under Greencard retrogression. It's the first sticky thread with title: " All Priority date transfers and issues discussed here".

    Admins: Please close this thread.

    -C.





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  • morchu
    05-18 11:58 AM
    True up to some extent. When filing AOS, you still "intent" to join for the exact same employment (including location), as specified in your LC. You are NOT required to take that exact employment "at the time" of filing AOS. What is required "at the time of filing AOS" is to have a legitimate intention to take that exact employment upon GC. By joining for that exact employment from anytime now, will actually help in proving the "legitimacy" of your intention (but not "required").


    My LC and I-140 was approved with my ex-employer in CA.Now I have a oppurtunity to join my ex-employer in the east coast. Will I be able to file AOS if I join in a similar role and when my PD becomes current ? The immigration lawyer of my ex-employer told me that I have to join in the same location as my LC was approved to take advantage of AOS as it is location specific. Is it true?

    Thanks
    Member of north calif
    dontation : $500



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  • kaisersose
    03-27 11:52 PM
    Thanks for that link. It is good to know that there is a possibility that I-140 PP may come back in the near future, even if in phases.

    One comforting factor here is the extra $1000 is big money for no extra work which is very tempting to USCIS. So everyone knew they would bring it back as soon as the load became manageable, but the big question was when would the load become manageable.

    Now from the article, it looks like it may start happening very soon.





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  • Waitingnvain
    05-12 04:45 PM
    Are there any risks of going for visa stamping with a 3 year H-1B after the approval of I-140.



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  • Becks
    03-16 07:41 PM
    Your education evaluation is valid for a long period(not sure how long). I applied for my first H1 in 2000 and got education evaluation that time. Stamping didnot work out for me that time.

    I applied for new H1 in 2003 and submitted same education evaluation that I got in 2000. I entered US and used same edu eval for transferring H1. I did not have any issues.

    So you are fine. I dont know if this applies to all cases.





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  • vishals_me
    06-27 10:40 PM
    Hi,
    U said that you r joining MAVNI sep, 2009? what you mean by that? Are you all set for that? You get the appointment letter already?
    I want to join too as Active Duty. I applied for that.
    Someone called from mavni,,,she asked for some info and processed my application. and told me that i will recieve information by mail...
    what is after that?
    can you tell what is the process to join? what exams or tests we have to go through?

    Thanks,


    V.



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  • polk881
    01-26 10:58 AM
    Hi. I just e-filed my I-539, status of change request from F-1 to H-4. I just found out that I chose "North Korea" for my citizenship, while it was supposed to be "South Korea". I chose "South Korea" for the passport issuance country.

    How can I fix this? Should I attach a letter explaining this, when sending the supporting documents? What else supporting documents should I submit, other than my husband(H-1)'s paystub, I-129 approval notice and our marriage certificate?

    Thanks in advance.





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  • ronitm
    06-30 12:01 PM
    I selected H1B: SPECIALITY OCCUPATION as that was the manner i last entered the country in Dec 2007. Even though i have an AP(haven't used it) but for my wife(who entered on AP) i selected DA: Advance parole. So if you used AP at POE then your status is DA. Hope that helps :)



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  • hojo
    08-17 10:07 AM
    maybe im being an idiot or something, but why would you want to import swift3d to maya or lightwave..?





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  • chrisclick
    04-11 01:53 PM
    Shame, I wanted to see the results.



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  • vinzak
    05-18 11:28 AM
    My friends received Green cards in 2007. They live abroad, but make regular trips tho the Us to visit family and maintain their GC.

    Unfortunaltely, they recently misplaced their green cards. They are planning a trip to the US this month, for which they have received travel letters from the US Embassy abroad.

    Would anyone know what the process is afterwords? We know they have to file I-90s to replace their lost GC. Does this have to be done at the port of entry? Or is it done at a local office on reaching their final US destination?

    Also, will they be called for a biometric appointment locally or can that be done at a Port of Entry. Can the biometric be done at a location abroad?

    If anyone has any info on this, it'd be truly appreciated.





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  • phxhyd
    09-30 01:45 AM
    Company A would not do H1 extension as B & A belong to the same group. A is the old company & B is the new company. That is how the GC was filed through B.
    The H1 petition was filed by employer directly and the RFE is now handed over to an Attorney. This company had RFE’s in the past for their employees & the Attorney replied well and their H1 got approved. The RFE is related to employer except the following two on my self.
    Education Evaluation – Can provide
    Original Documents – Here is the exact wording:
    Provide the original degree and transcripts the beneficiary received from xyz University. Do not send additional photocopies. Do not send an original document different then the one from which the photocopies were obtained.

    Question: If I send the original documents, how would I get them back? Please post comments! Also why USCIS is interested in my graduation doc’s rather then post graduation?

    As company A would not extend my H1, I’m thinking to have company C transfer my H1 so that if B’s H1 gets denied then I’ll have an option to join C.



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  • Lasantha
    12-31 03:25 PM
    I don't think core is going to spill it's strategy on the forum for world to see. I would suggest you to join local chapter to know how things will be performed. :)

    He He He, Yeah, and remember the can of worms that opned when they announced the short term plan to lobby for filing I-140 when visa numbers are unavailable. :D





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  • Ann Ruben
    02-21 07:39 AM
    A word of warning: If for any reason the US Consul in Canada denies your visa application, you will not be permitted to return to the US until you go to India and get an H visa.





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  • cherl
    05-07 09:22 PM
    Morchu,

    Thank you so much for your help. Really appreciate your help.

    So basically while I'm waiting for the priority date to become current, I can legally work aborad for several years without any harm to my GC application at all. When the priority date becomes current, I'll just need to come back to the U.S. to file I-485.

    Is that correct? Sorry for keeping asking. Just want to make sure before I make this major decision.





    thomachan72
    03-20 08:53 AM
    These guys did not mention specifically "legal immigrants" but to me that sounds even easier since most of them possibly have decent wages and also maintain a legally sound lifestyle.





    shalabhgandhi
    07-23 08:48 PM
    Its the one on the extension form...well my lawyer told me and thats what I filled.