newbie2020
03-27 11:26 AM
ASk her to apply for a H4 Visa at local consulate in India. and when she comes to US use the H4 visa papers .....
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GC_SUCK
08-07 04:35 PM
On there are ppl who filed 485 (RD) in 2007 and got approved. I have no idea how they got approved.
kondur_007
02-23 08:17 PM
Concept is not wrong but before implementing it they must make sure that it works perfectly...not like that 8 year old kid that was placed in "no fly" list!!!!
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gc??
04-23 11:16 AM
Thank you guys. Feel much better.
Glad it is not cancelled with prejudice! Never knew so many terminology associated with immigration.
Glad it is not cancelled with prejudice! Never knew so many terminology associated with immigration.
more...
jessie1981
08-02 11:14 AM
Did anyone get I485 based EAD before the first FP? Thank you!
neel_gump
07-07 12:03 PM
My EAD expires on 07/28/2010. My EAD renewal is currently pending (applied online on 5/18/2010 at NSC). My AP expires on 08/24/2010. I am planning to apply for AP renewal once I finish my move to new address.
So, I really don't know which date to put. BTW, USCIS online application didn't mark that field as required.
So, I really don't know which date to put. BTW, USCIS online application didn't mark that field as required.
more...
GCBy3000
07-20 04:04 PM
I am sorry to hear this news. May be they wanted to tell Aug 05. So do not sit on this one. Contact your attorney asap.
Only one good thing I can see on PBEC efficieny is atleast they are processing cases from Nov 04. Which is really really a good news based on the pace they were at last year same time.
Its not a surprise to anyone who is member of this forum that how efficient PEBC works!! As a matter of fact I have an excellent example here with my Labor Certification, which I wanted to share with you all.
My company just received a latter titled as "Confirmation of Withdrawal" which states that your Labor Processing Application filed in November xx, 2004 is withdrawn, as requested by your letter dated August xx, 2004.
Isn't that amazing that they are so swamped and desperate in eliminating the backlog that they do not know the chronological order of the dates also?
Backlog Elimination Centers' are the biggest waste of Taxpayers Money, I think.
Only one good thing I can see on PBEC efficieny is atleast they are processing cases from Nov 04. Which is really really a good news based on the pace they were at last year same time.
Its not a surprise to anyone who is member of this forum that how efficient PEBC works!! As a matter of fact I have an excellent example here with my Labor Certification, which I wanted to share with you all.
My company just received a latter titled as "Confirmation of Withdrawal" which states that your Labor Processing Application filed in November xx, 2004 is withdrawn, as requested by your letter dated August xx, 2004.
Isn't that amazing that they are so swamped and desperate in eliminating the backlog that they do not know the chronological order of the dates also?
Backlog Elimination Centers' are the biggest waste of Taxpayers Money, I think.
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immigrationvoice1
12-20 12:19 PM
My wife changed her status from B2 to H1 in US.Her H1 was approved without any problems.Could that cause any probelms in the future when she applies for green card.What is the chance to get her H1 denied in the consulate if she travels abroad because she changed from visitor to work visa in US?
Thanks
If the gap between arriving on B2 and converting to H1B was less than 3 months, there could be a problem with "intent" as H1 is considered a dual intent (temporary non-immigrant worker who may have the intention of applying for a permanent immigrant visa i.e., GC) visa while B2 is not. While filling up the B2 application, there is a question which we need to answer NO asking this very question. I assume your wife answered NO during the B2 process. So, with H1 in less than 3 months (if this is the case) or arrival, she has "lied" in her B2 application as per the immigration laws.
I may be wrong.Please consult an attorney if needed.
Thanks
If the gap between arriving on B2 and converting to H1B was less than 3 months, there could be a problem with "intent" as H1 is considered a dual intent (temporary non-immigrant worker who may have the intention of applying for a permanent immigrant visa i.e., GC) visa while B2 is not. While filling up the B2 application, there is a question which we need to answer NO asking this very question. I assume your wife answered NO during the B2 process. So, with H1 in less than 3 months (if this is the case) or arrival, she has "lied" in her B2 application as per the immigration laws.
I may be wrong.Please consult an attorney if needed.
more...
vnsriv
07-05 12:50 PM
Did any one received the receipt notice of I-485 file in Jun 2007 , EB3 category?
Thanks
Thanks
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ameryki
06-18 04:08 PM
Hi,
I am on Adv-Parole (with EAD) and planning to visit India in July 2010.
I know that UK and France require transit visa, but I was wondering whether I can fly via KLM (Amsterdam) OR Lufthansa (Frankfurt) without any transit visa ?
Will appreciate the response.
Thanks,
Venu.
if you don't plan on staying over in Frankfurt from personal experience no you do not need a transit visa.
I am on Adv-Parole (with EAD) and planning to visit India in July 2010.
I know that UK and France require transit visa, but I was wondering whether I can fly via KLM (Amsterdam) OR Lufthansa (Frankfurt) without any transit visa ?
Will appreciate the response.
Thanks,
Venu.
if you don't plan on staying over in Frankfurt from personal experience no you do not need a transit visa.
more...
andyvillapark
08-18 07:12 PM
I finished my three years residency on H1B visa and am currently working as a chief resident in my program on h1b visa extension which is valid till June 2011. My H1b visa was cap exempt as its a not for profit hospital affiliated with the university.
The CEO of the hospital recently told me that they are very interested in retaining me in their hospital. But one month back my hospital was purchased by a for profit group though the residency program was retained by not for profit group , and hospital is now for profit.My question to you is-
1. Can my hospital file for my PERM and subsequently for GC while I am still doing chief residency on cap exempt visa and technically a part of residency program which is cap exempt?
2. Will i need a new H1b process with the hospital as it has changed from cap exempt to cap status as it is no longer non profit?
3.My prospective employment date will be June 19 2011 as till then I will be working as chief resident, so what would be the earliest date for filing the PERM and H1b application
The CEO of the hospital recently told me that they are very interested in retaining me in their hospital. But one month back my hospital was purchased by a for profit group though the residency program was retained by not for profit group , and hospital is now for profit.My question to you is-
1. Can my hospital file for my PERM and subsequently for GC while I am still doing chief residency on cap exempt visa and technically a part of residency program which is cap exempt?
2. Will i need a new H1b process with the hospital as it has changed from cap exempt to cap status as it is no longer non profit?
3.My prospective employment date will be June 19 2011 as till then I will be working as chief resident, so what would be the earliest date for filing the PERM and H1b application
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Mallika
06-27 05:39 AM
Dear Experts,
My I-140 was filed under "Premium processing" and I have received approval last week. I am currently out of US since May and want to go back. I do have a valid H1-B visa till Sept '10. But, my lawyers have asked me not to go back till my H1 three year extension is approved. This is where I am confused and have the following questions:
1. Why do I need to wait for the H1 approval to come through? Can't I go back now since I do have a valid visa on my passport?
2. For extension filing, don't I have to be physically present in US?
I need to go back asap because working from outside the country is not working out that well for me now since past two months. So, any pointers in this regard will be greatly appreciated!
Thank you!
Mallika
My I-140 was filed under "Premium processing" and I have received approval last week. I am currently out of US since May and want to go back. I do have a valid H1-B visa till Sept '10. But, my lawyers have asked me not to go back till my H1 three year extension is approved. This is where I am confused and have the following questions:
1. Why do I need to wait for the H1 approval to come through? Can't I go back now since I do have a valid visa on my passport?
2. For extension filing, don't I have to be physically present in US?
I need to go back asap because working from outside the country is not working out that well for me now since past two months. So, any pointers in this regard will be greatly appreciated!
Thank you!
Mallika
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linklinklink
06-22 04:40 PM
Both my daughter and I have her old I-94 number on our new I-94s. They did not put my old I-94 number on my new I-94.
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dhesha
04-15 04:24 PM
LC Sub/EB2 with PD June 2001 filed on July 27 with RD of Sept 8 got approved y'day. 140 filed on July 5th was approved on jan. no RFE, all were smooth.
I was afraid because of my last years on L1B and filed H1b though this year quota and not sure if i'm lucky to have a number lottery. This gave me major relaxation.
Best of luck you all.
Had 1 Soft LUD on Jan 31 on 485 application.
USCIS is doing a great job thank to IV to make these possible.
NJoy the USCIS broken system of LC SUB buddy.
We (Non-LC-SUB) are not so lucky and are stuck for more than 8 years in it and still no hope.
Nothing against you -- its just that you need to be lucky to take the right decision otherwise you will be punished like many of us.
I was afraid because of my last years on L1B and filed H1b though this year quota and not sure if i'm lucky to have a number lottery. This gave me major relaxation.
Best of luck you all.
Had 1 Soft LUD on Jan 31 on 485 application.
USCIS is doing a great job thank to IV to make these possible.
NJoy the USCIS broken system of LC SUB buddy.
We (Non-LC-SUB) are not so lucky and are stuck for more than 8 years in it and still no hope.
Nothing against you -- its just that you need to be lucky to take the right decision otherwise you will be punished like many of us.
more...
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sweet_jungle
07-27 05:17 PM
Hi,
There seems to be a lot of mixed information about F1-OPT and I-485.
My wife is on a F1 visa. She will be finishing school soon. She also has a pending I-485 linked to my application and an "approved" EAD.
Can she apply for OPT?
I will appreciate if someone can shed light on this.
Thanks.
She can apply , but most probably it will be denied. The I-765 form that will be used will have a question regarding previous employment authorizations applied for. She will have to mention about the EAD. Hence, USCIS will see the person has a pending I-485 and will deny the OPT. It is better not to apply.
The EAD that she has gives all the benefits of OPT. the only risk is she no longer has any backup F1 status if something happens to 485, but there is no way this can be averted.
Only thing you can do is when she works on EAD, ask that company to file H1 whenever possible, which anyway the company would have done if she worked on OPT. That way she will get backup H1 status
There seems to be a lot of mixed information about F1-OPT and I-485.
My wife is on a F1 visa. She will be finishing school soon. She also has a pending I-485 linked to my application and an "approved" EAD.
Can she apply for OPT?
I will appreciate if someone can shed light on this.
Thanks.
She can apply , but most probably it will be denied. The I-765 form that will be used will have a question regarding previous employment authorizations applied for. She will have to mention about the EAD. Hence, USCIS will see the person has a pending I-485 and will deny the OPT. It is better not to apply.
The EAD that she has gives all the benefits of OPT. the only risk is she no longer has any backup F1 status if something happens to 485, but there is no way this can be averted.
Only thing you can do is when she works on EAD, ask that company to file H1 whenever possible, which anyway the company would have done if she worked on OPT. That way she will get backup H1 status
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guchi472000
11-22 02:35 PM
Thank you very much for your response.
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go_guy123
09-04 01:23 AM
I am a nurse from the Philippines currently living in northern California, enrolled in university, working towards my masters degree. I currently have a F1 student visa, have already passed the NCLEX and also hold a Philippines RN license. I don't have any work experience as a nurse besides my clinical experience as a student. I wanted to know what my current options are? I have a company willing to sponsor me on the east coast. I was referred to them by my sister-in-law who is currently working for them. I spoke to the companies recruiter but she couldn't answer some of my more detailed immigration questions.
I just wanted to get some options from some helpful members here. I currently have an appointment with an immigration lawyer next week but wanted to be somewhat inform on my options before meeting with the lawyer.
I know their is a long wait currently for nurses coming from the Philippines. Does it make my situation a little easier considering I am already in the US on a F1 visa? I was told that if they were to lift retrogression for nurses that I would be process asap because I am currently living in the US legally... I seriously have my doubts about this lol.
Any insight on my current situation is much appreciate.
Thank you all very much,
Sheryn:)
A lot of nursing jobs dont need a 4 yr bachelor's degree and thats why you cant use
H1B for that unless the specialised nursing jobs needs a bachelors.
Therefore (thankfully) Nurses are directly applied for Green Card EB3. However there
is significant backlog even for ROW EB3. There is lobby effort to allocate green card quota for nurses like they did in 2004.
The employer (with the lawyer help) will file I140 for you and when the PD is current you can file I485.
But since you are on F1 visa, filing I140 you might have problem with the non immigrant intent clause at the
port of entry.
I just wanted to get some options from some helpful members here. I currently have an appointment with an immigration lawyer next week but wanted to be somewhat inform on my options before meeting with the lawyer.
I know their is a long wait currently for nurses coming from the Philippines. Does it make my situation a little easier considering I am already in the US on a F1 visa? I was told that if they were to lift retrogression for nurses that I would be process asap because I am currently living in the US legally... I seriously have my doubts about this lol.
Any insight on my current situation is much appreciate.
Thank you all very much,
Sheryn:)
A lot of nursing jobs dont need a 4 yr bachelor's degree and thats why you cant use
H1B for that unless the specialised nursing jobs needs a bachelors.
Therefore (thankfully) Nurses are directly applied for Green Card EB3. However there
is significant backlog even for ROW EB3. There is lobby effort to allocate green card quota for nurses like they did in 2004.
The employer (with the lawyer help) will file I140 for you and when the PD is current you can file I485.
But since you are on F1 visa, filing I140 you might have problem with the non immigrant intent clause at the
port of entry.
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mariner5555
05-27 04:02 PM
Hi All
I did paper based filing through lawyer on may 5 with check $340 has been encashed and I waited now 2 weeks but still there is no receipt notice in mail.
SO i called my bank and ask them whether there any receipt number on the back of check but agent told me that there are no 13 digit number just bank stamp and there is only one 9 digit number that he has given me but on the case status thats a invalid number
Please help as I am worried that if evry thing is fine or should I e-file as well as my licence is also expiring next month now how should get a reciept number
Thanks in Advance...
if you efile ..you will end up paying $340 again. when is yr EAD expiring and why did you wait so long ?? if you think the lawyer filled everything correctly then I would say wait for a week (consult yr lawyer too) !!
I did paper based filing through lawyer on may 5 with check $340 has been encashed and I waited now 2 weeks but still there is no receipt notice in mail.
SO i called my bank and ask them whether there any receipt number on the back of check but agent told me that there are no 13 digit number just bank stamp and there is only one 9 digit number that he has given me but on the case status thats a invalid number
Please help as I am worried that if evry thing is fine or should I e-file as well as my licence is also expiring next month now how should get a reciept number
Thanks in Advance...
if you efile ..you will end up paying $340 again. when is yr EAD expiring and why did you wait so long ?? if you think the lawyer filled everything correctly then I would say wait for a week (consult yr lawyer too) !!
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dealsnet
01-07 09:17 AM
Go to Airport for a defferred inspection. They will correct it. Many people here got it corrected. Don't waste time here for answer thomacha.........
Anybody who had an I94 issued only till the validity of the visa and not until the I-797? At the POE the guy simply wouldn't understand when I tried to explain to him that I have an extension (797) valid from 4/10 t0 4/11. He gave me an I94 only until 4/10. I read that people go for deffered inspection and get it corrected. Anybody who did that in a similar situation active in IV now? Any suggestions on how to proceed? do you go to the nearest international airport or an off-airport location?
Anybody who had an I94 issued only till the validity of the visa and not until the I-797? At the POE the guy simply wouldn't understand when I tried to explain to him that I have an extension (797) valid from 4/10 t0 4/11. He gave me an I94 only until 4/10. I read that people go for deffered inspection and get it corrected. Anybody who did that in a similar situation active in IV now? Any suggestions on how to proceed? do you go to the nearest international airport or an off-airport location?
Blog Feeds
07-15 03:01 PM
A frequent question that arises is whether a foreign national living in the United States for a certain number of years can obtain permanent residency based on the years of living in the United States. There is no law or regulation currently in place allowing foreign nationals to automatically obtain permanent residency based on the number of years residing in the United States. There are however, many ways foreign nationals can immigrate and obtain permanent resident status. Two ways to obtain permanent resident status are based on employment and family sponsorship.
One of the ways foreign nationals can obtain permanent residency is based on employment. The U.S. employer will sponsor the employee to qualify under a certain visa category. Specifically, the foreign national may qualify under one or more of the employment-based “EB” visa preference categories that are divided into four separate categories.
The four EB visa preference categories are:
EB-1: Extraordinary Ability, Professors, Researches, or Executives, filed on form I-140
EB-2: Exceptional Ability in the Sciences, Arts or Business, filed on form I-140
EB-3: Skilled Worker, Professional, Or Unskilled Worker, filed on form I-140
EB-4: Immigrant Religious Worker, filed on form I-360
Another process to obtain lawful permanent residence in the U.S. is through family sponsorship. That is, either a U.S. citizen or permanent resident family member or as a fiancé to a U.S. citizen and subsequent marriage. The process begins by either the U.S. citizen or lawful permanent resident relative filing form I-130 Petition for Alien Relative or form I-129F Petition for Alien Fiance with U.S. Citizenship and Immigration Service (USCIS). Just as in employment-based sponsorship, there are visa preference categories in family-based sponsorship. Family-based “FB” preference categories are divided into four categories.
FB-1: Unmarried sons and daughters of U.S. Citizens
FB-2A: Spouses and children of lawful permanent residents of the U.S.
FB-2B: unmarried sons and daughters of permanent residents of the U.S.
FB-3: Married sons and daughters of U.S. Citizens.
FB-4: Brothers and sisters of U.S. Citizens who are at least 21 years old.
The above preference categories are subject to a numerical limitation. More information on these visa categories is available at the U.S. Department of State’s visa bulletin at: www.travel.state.gov (http://www.travel.state.gov)
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/PKEE1gLIodw/)
One of the ways foreign nationals can obtain permanent residency is based on employment. The U.S. employer will sponsor the employee to qualify under a certain visa category. Specifically, the foreign national may qualify under one or more of the employment-based “EB” visa preference categories that are divided into four separate categories.
The four EB visa preference categories are:
EB-1: Extraordinary Ability, Professors, Researches, or Executives, filed on form I-140
EB-2: Exceptional Ability in the Sciences, Arts or Business, filed on form I-140
EB-3: Skilled Worker, Professional, Or Unskilled Worker, filed on form I-140
EB-4: Immigrant Religious Worker, filed on form I-360
Another process to obtain lawful permanent residence in the U.S. is through family sponsorship. That is, either a U.S. citizen or permanent resident family member or as a fiancé to a U.S. citizen and subsequent marriage. The process begins by either the U.S. citizen or lawful permanent resident relative filing form I-130 Petition for Alien Relative or form I-129F Petition for Alien Fiance with U.S. Citizenship and Immigration Service (USCIS). Just as in employment-based sponsorship, there are visa preference categories in family-based sponsorship. Family-based “FB” preference categories are divided into four categories.
FB-1: Unmarried sons and daughters of U.S. Citizens
FB-2A: Spouses and children of lawful permanent residents of the U.S.
FB-2B: unmarried sons and daughters of permanent residents of the U.S.
FB-3: Married sons and daughters of U.S. Citizens.
FB-4: Brothers and sisters of U.S. Citizens who are at least 21 years old.
The above preference categories are subject to a numerical limitation. More information on these visa categories is available at the U.S. Department of State’s visa bulletin at: www.travel.state.gov (http://www.travel.state.gov)
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/PKEE1gLIodw/)
Jaime
09-14 10:42 PM
Hello Washington!!!!!!!! Here we all go!!!!!!!! ALL CHINESE, INDIANS, EUROPEANS, AFRICANS, LATIN AMERICANS UNITED!!!!!
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