ravageguy1
05-13 09:53 PM
Thanks for your reply. I am waiting on the RFE to be received to see the content of it. I am hoping they will provide new deadline. Any ideas avoiding out of status is appreciated.
Thanks again,
Raj
Thanks again,
Raj
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aristotle
03-14 02:37 PM
Guys I need your expertise and valuable answers on this:
I have an approved labor and approved I-140. Based on this I've got extension for 3 more years. I have a contract-hire opportunity which requires me to be a consultant for "X" months. I know I can transfer my H1 to another company. But my question is, can I transfer my h1 again to join the client after "X" months.
I am assuming you are already in 7th or beyond year of H1. You can transfer again if your old I140 is not revoked OR you get a new I140 approved while you are a consultant.
I have an approved labor and approved I-140. Based on this I've got extension for 3 more years. I have a contract-hire opportunity which requires me to be a consultant for "X" months. I know I can transfer my H1 to another company. But my question is, can I transfer my h1 again to join the client after "X" months.
I am assuming you are already in 7th or beyond year of H1. You can transfer again if your old I140 is not revoked OR you get a new I140 approved while you are a consultant.
mudigondag
05-19 04:04 PM
Thank you;
I am also renewing the EADs but the concern is more on what if the renewals are not approved by 9/2010. Looks like your answer is they are still legal (AOS)
I am also renewing the EADs but the concern is more on what if the renewals are not approved by 9/2010. Looks like your answer is they are still legal (AOS)
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morchu
07-25 03:30 PM
She definitely would have issues if plan to travel in TN visa. TN visa is not supposed to have any immigration intent.
The best thing to do is change her status to parolee and start working using EAD. There is no reason for her to continue in TN status, after filing 485.
-Morchu
Hi,
I am Indian national on H1B, waiting on priority date to be current to file for I-485. My wife is currently working on TN visa. Will there be any issue with her being on TN status when I file for adjustment of status (for me and for her together). What options I can consider in advance so that I-485 process will not halt with last minute surprises.
Thanks in advance
sg
The best thing to do is change her status to parolee and start working using EAD. There is no reason for her to continue in TN status, after filing 485.
-Morchu
Hi,
I am Indian national on H1B, waiting on priority date to be current to file for I-485. My wife is currently working on TN visa. Will there be any issue with her being on TN status when I file for adjustment of status (for me and for her together). What options I can consider in advance so that I-485 process will not halt with last minute surprises.
Thanks in advance
sg
more...
h1techSlave
10-13 08:34 AM
Folks, I have received a notice from USCIS stating the following:
The above application or petition has been received.
Your application was received without the necessary fingerprint fee.
Under 8CFR 103.2(e), this fee of $70.00 must be submited along with the filing fee fot the application/petition. If this office has not recieced the fee within 87 days, your application will be considered to be abandoned under ...
Is there any one else in the same boat? What are my options here?
The above application or petition has been received.
Your application was received without the necessary fingerprint fee.
Under 8CFR 103.2(e), this fee of $70.00 must be submited along with the filing fee fot the application/petition. If this office has not recieced the fee within 87 days, your application will be considered to be abandoned under ...
Is there any one else in the same boat? What are my options here?
immi_enthu
08-18 03:30 PM
Hopefully Nebraska July 2nd filers can start expecting the recipts in next 14 days !!!
And NSC -> TSC transfer dates, god knows how long the wait is
It's worth a wait, TSC is lot faster in processing EAD and AP after receiting than NSC.
And NSC -> TSC transfer dates, god knows how long the wait is
It's worth a wait, TSC is lot faster in processing EAD and AP after receiting than NSC.
more...
Saralayar
07-10 05:45 PM
IMO there is a good chance you will qualify for EB2. When doing educational evaluation, you should base your claim on your masters degree. That way you would qualify.
The worst part is in justifying an EB2 case. As the job market is very bad and many US citizens with the required qualification for the position are available, it will be very difficult for the company to justify that no one in this country is available except you for this position. Lot of big companies are afraid as there is a strict AUDIT that will be enforeced by USCIS in case they have a doubt about the non availability of a citizen for that position.
The worst part is in justifying an EB2 case. As the job market is very bad and many US citizens with the required qualification for the position are available, it will be very difficult for the company to justify that no one in this country is available except you for this position. Lot of big companies are afraid as there is a strict AUDIT that will be enforeced by USCIS in case they have a doubt about the non availability of a citizen for that position.
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bayarea07
02-05 05:56 PM
Thanks @hibworker
Have you tried this option before.
You can use existing visa + new approval notice. Make sure that on arrival the I-94 is stamped until expiration on new approval notice and not the visa expiration date.
Have you tried this option before.
You can use existing visa + new approval notice. Make sure that on arrival the I-94 is stamped until expiration on new approval notice and not the visa expiration date.
more...
vandanaverdia
11-14 08:02 PM
U & I together can make a difference...
IV needs "YOU"
Help IV help you...
IV needs "YOU"
Help IV help you...
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nousername
07-10 03:07 PM
Please update your profile..
Here are the answers:
1. No, you can not change the profile and should look for something which is similar to what was stated on your I-140.
2. You can switch to a new job provided your I-485 is pending for more then 180 days, which seems to be the case and the new job is similar to what is on I-140.
NOTE: NO, you can not switch from IT to finance. I mean you can but if you receive any RFE then you will have a big issue.
I am currently working as a Functional Solution Architect in an IT firm.
Current Status: H1B (6th year)
GC status as follows:
Priority Date: April 2007
EAD received: October 2007
I-140 is approved.
Under the AC21 portability I believe I can change my employer without affecting my GC process. However I want to change my field of work from IT to Finance. My question is:
1. Is that permissible and can I use my EAD to work for a new employer in a different field.
2. If the above is not permissible and If I change my job in the same field, can my previous employer cancel my GC process, even though my I-140 is approved. If they can, how can I mitigate that possibility.
Thanks in advance for your response.
Here are the answers:
1. No, you can not change the profile and should look for something which is similar to what was stated on your I-140.
2. You can switch to a new job provided your I-485 is pending for more then 180 days, which seems to be the case and the new job is similar to what is on I-140.
NOTE: NO, you can not switch from IT to finance. I mean you can but if you receive any RFE then you will have a big issue.
I am currently working as a Functional Solution Architect in an IT firm.
Current Status: H1B (6th year)
GC status as follows:
Priority Date: April 2007
EAD received: October 2007
I-140 is approved.
Under the AC21 portability I believe I can change my employer without affecting my GC process. However I want to change my field of work from IT to Finance. My question is:
1. Is that permissible and can I use my EAD to work for a new employer in a different field.
2. If the above is not permissible and If I change my job in the same field, can my previous employer cancel my GC process, even though my I-140 is approved. If they can, how can I mitigate that possibility.
Thanks in advance for your response.
more...
qasleuth
04-27 10:38 AM
Here is some info on RFEs in general
http://immigrationvoice.org/wiki/index.php/Request_For_Evidence
http://immigrationvoice.org/wiki/index.php/Request_For_Evidence
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rtaqi
07-25 07:30 AM
There shouldn't be any issues. The H1 visa stamp on your passport is seperate from the I-797 approval that you received, both are valid. Your wife should also have no problems getting an H4 using your current I-797. I had a freind recently who was in the exact same situation and he and his wife both didn't have any issues.
more...
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Blog Feeds
03-31 12:40 PM
We are very busy these days trying to beat the H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) rush. While we fell that visas will not run out on April 1, 2010, clients are anxious to get their cases out the door. We promise to deliver.
Here are some tips that may help our last minute filers. The issue today is a degree that has not yet been awarded. In the past, the USCIS has approved H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html)for aliens seeking one of the 20,000 H-1B visas available to aliens who have earned master�s or higher degrees from U.S. institutions of higher education, where the alien has completed all requirements for the degree, and hence, has �earned� the degree, but the degree has not been conferred.
There is no reason to believe that USCIS will not continue that practice, so long as there is evidence that the alien has completed all requirements from an official at the educational institution qualified to provide that information. In the past, satisfactory evidence often was in the form of a letter from an official such as a Dean, Registrar, or department head, stating that all requirements have been satisfied and that the alien is simply waiting for the ceremonial conferral of the degree.
Be wary of letters prepared by unauthorized employees at the school stating that the student has completed all requirements toward a master�s degree, when in fact there are still examinations or papers to complete. USCIS is likely to question a letter that comes from a lower-level employee of the university. Be mindful also that use of such documentation when the student has not completed the program may be considered fraud. Also, use of such a document may result in the loss of the client�s chance at a slot in the U.S. master�s graduate quota since the petition likely would be denied on the basis of ineligibility at the time of filing.
More tips in later posts, good luck filing the H1's tomorrow.
More... (http://www.visalawyerblog.com/2010/03/h1b_visa_lawyer_last_minute_fi.html)
Here are some tips that may help our last minute filers. The issue today is a degree that has not yet been awarded. In the past, the USCIS has approved H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html)for aliens seeking one of the 20,000 H-1B visas available to aliens who have earned master�s or higher degrees from U.S. institutions of higher education, where the alien has completed all requirements for the degree, and hence, has �earned� the degree, but the degree has not been conferred.
There is no reason to believe that USCIS will not continue that practice, so long as there is evidence that the alien has completed all requirements from an official at the educational institution qualified to provide that information. In the past, satisfactory evidence often was in the form of a letter from an official such as a Dean, Registrar, or department head, stating that all requirements have been satisfied and that the alien is simply waiting for the ceremonial conferral of the degree.
Be wary of letters prepared by unauthorized employees at the school stating that the student has completed all requirements toward a master�s degree, when in fact there are still examinations or papers to complete. USCIS is likely to question a letter that comes from a lower-level employee of the university. Be mindful also that use of such documentation when the student has not completed the program may be considered fraud. Also, use of such a document may result in the loss of the client�s chance at a slot in the U.S. master�s graduate quota since the petition likely would be denied on the basis of ineligibility at the time of filing.
More tips in later posts, good luck filing the H1's tomorrow.
More... (http://www.visalawyerblog.com/2010/03/h1b_visa_lawyer_last_minute_fi.html)
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obviously
07-26 11:11 PM
http://www.dhs.gov/xabout/structure/biography_0079.shtm
Recommend that we contact the Office to present our inputs on the effects of the systemic problems in the current processing system.
Recommend that we contact the Office to present our inputs on the effects of the systemic problems in the current processing system.
more...
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ups
10-29 02:18 PM
I didn't file AC21 but got GC. So I also say don't file until you get RFE
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pd_recapturing
06-14 09:35 AM
Hi guys, I have a unique situation, thanks to july visa bulletin. I have a EB3 labor and I 140 approved with the PD as May 2004. Recently I applied EB2 PERM in order to port the PD from EB3 to EB2. My EB2 perm is approved now. Now, I am in dilemma to choose between EB2 and EB3. I can apply EB2 I 140 and I 485 concurrently (by assuming that they will port the PD) or I can apply I485 (for previously approved EB3). Please suggest as to what route I should take.
more...
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Blog Feeds
03-08 07:40 AM
We are a few hours away from the biggest Awards ceremony in Hollywood and the world. So what part do Immigrants play in the biggest show on earth? Talent is the one universal passport, and Hollywood has always had a place for immigrants � from German maestro Fritz Lang, who headed west when Hitler's minister of propaganda pressured him to take over Germany's top studio, to Polish Roman Polanski, who directed Los Angeles' definitive film noir, "Chinatown," and Taiwan-born Ang Lee, who became the first nonwhite to win an Academy Award for directing for "Brokeback Mountain," his reinvention of the western.
As Hollywood tries to stave off commercial stasis, the industry has been undergoing another chapter in its love affair with foreign writers and directors, particularly those from the Far East and Latin America. The international box office now accounts for more than 60% of a film's box office gross.
Of course, in this age of globalization, it's unclear what it even means to be a Hollywood immigrant anymore. "It doesn't matter where you live," says Paramount Classics chief John Lesher. "We all talk on the phone. We see each other at film festivals. You can edit a movie in Brazil, and your editor can be in London, and you can put it together seamlessly in perfect time."
So for Oscars 2010 we will not able to determine again who is an immigrant and who is not, an honestly who cares. What we want to know is who will win tonight.
For as lacking in suspense as the acting races are, the contest for the biggest prize couldn't be any closer. It's David vs. Goliath here, with 'Hurt Locker' and 'Avatar' seemingly trading "favorite" status every other day.
Unless they somehow split the votes and the Weinstein-backed 'Basterds' revises more history with an upset, the Oscar will go to either the highest-grossing Best Picture winner ever, or the lowest (in half a century, anyway). Be warned: This one is flip-a-coin close. Enjoy the Oscars tonight!!!!
More... (http://www.visalawyerblog.com/2010/03/hollywood_immigrants_oscars_20.html)
As Hollywood tries to stave off commercial stasis, the industry has been undergoing another chapter in its love affair with foreign writers and directors, particularly those from the Far East and Latin America. The international box office now accounts for more than 60% of a film's box office gross.
Of course, in this age of globalization, it's unclear what it even means to be a Hollywood immigrant anymore. "It doesn't matter where you live," says Paramount Classics chief John Lesher. "We all talk on the phone. We see each other at film festivals. You can edit a movie in Brazil, and your editor can be in London, and you can put it together seamlessly in perfect time."
So for Oscars 2010 we will not able to determine again who is an immigrant and who is not, an honestly who cares. What we want to know is who will win tonight.
For as lacking in suspense as the acting races are, the contest for the biggest prize couldn't be any closer. It's David vs. Goliath here, with 'Hurt Locker' and 'Avatar' seemingly trading "favorite" status every other day.
Unless they somehow split the votes and the Weinstein-backed 'Basterds' revises more history with an upset, the Oscar will go to either the highest-grossing Best Picture winner ever, or the lowest (in half a century, anyway). Be warned: This one is flip-a-coin close. Enjoy the Oscars tonight!!!!
More... (http://www.visalawyerblog.com/2010/03/hollywood_immigrants_oscars_20.html)
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gtm228
05-25 02:29 PM
Hi
I am going to apply for i-485,
i have birth certificate which is taken in 2005 but I was born in 1974
some of my friends are saying...as you are born in 1974 and as your
birth certificate was taken in yr 2005, it might cause problems (ins poseses query)
to get the green card.
Is it right?
They are saying me to get Affidivits + non availability certificate now.
will it be a problem if I put my birth certificate....while applying for 485
thanks
Elephant
My advise is to get a Non-availability of birth certificate because an RFE is the last thing you wanna see. My wife tried Allied Legal, India to get Non-availability of birth certificate for her parents. you can try them. They are the immigration attorneys in USA. How to get Non Availability of Birth Certificate in India (http://www.alliedlegalonline.com/Concierge-Birth-Certificate.htm)
I am going to apply for i-485,
i have birth certificate which is taken in 2005 but I was born in 1974
some of my friends are saying...as you are born in 1974 and as your
birth certificate was taken in yr 2005, it might cause problems (ins poseses query)
to get the green card.
Is it right?
They are saying me to get Affidivits + non availability certificate now.
will it be a problem if I put my birth certificate....while applying for 485
thanks
Elephant
My advise is to get a Non-availability of birth certificate because an RFE is the last thing you wanna see. My wife tried Allied Legal, India to get Non-availability of birth certificate for her parents. you can try them. They are the immigration attorneys in USA. How to get Non Availability of Birth Certificate in India (http://www.alliedlegalonline.com/Concierge-Birth-Certificate.htm)
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gc_eb2_waiter
02-02 04:34 PM
I have received my green card 5 months ago and still working for the same GC filing employer(a consulting company). My wife had an RFE on her GC, since she could not take MMR at 2007 fiasco time. We have recently replied with the evidence. Now my project is getting over at the client site in next couple of weeks. I am sure that I can lose my job at consulting company also.
My question is, what happens to wife's GC? What if there is another RFE and how can I reply it?
Please let me know my options.
My question is, what happens to wife's GC? What if there is another RFE and how can I reply it?
Please let me know my options.
f1vlad
03-27 07:20 AM
Thanks, yeah I am looking to use EAD.
Eternal_Hope
03-02 09:11 PM
EB1 was applied under the Extraordinary ability. I also have a EB2-NIW I-140 cleared as well. Hope that answers your question.
As far as I know employer sponsorship is not required for EB-1 EA case; not sure why you had to file I-140 for this ...........
As far as I know employer sponsorship is not required for EB-1 EA case; not sure why you had to file I-140 for this ...........
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