gparr
April 17th, 2005, 07:27 PM
I can see potential, but the shot doesn't do much for me. What does interest me is the interplay of the branch, stump, and light on top of the stump. Can't tell if there's anything there, but might be worth exploring. Other angles might make the overall stump shot more interesting. Hard to say.
Gary
Gary
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IV2007
04-02 12:53 PM
Can we have multiple jobs while on EAD ? say I ditch my H1 & convert to EAD.
Then can I have mulitple jobs, say I start a company, or work for others as well ?
Then can I have mulitple jobs, say I start a company, or work for others as well ?
div_bell_2003
02-02 05:43 PM
1) I got my first H-1 on 10/01/2006 ( I-29 date). When is the latest I should renew my H-1B visa
Earliest date to apply for a renewal - 04/01/2009
Latest date to apply for a renewal - 09/30/2009
2) I was a July filer and my wife is already using EAD (business). Does it make sense to renew her H-4 as well
No it does not unless she wants to fall back on her H4 status, in my case, the lawyers only extended my H1B, my wife's on AOS pending status.
3) I was going to apply for AP for my wife? Will I loose my H-1 if I apply AP for myself too
No, your AP has no connection to your H1B.
H-1Vegas[/QUOTE]
Earliest date to apply for a renewal - 04/01/2009
Latest date to apply for a renewal - 09/30/2009
2) I was a July filer and my wife is already using EAD (business). Does it make sense to renew her H-4 as well
No it does not unless she wants to fall back on her H4 status, in my case, the lawyers only extended my H1B, my wife's on AOS pending status.
3) I was going to apply for AP for my wife? Will I loose my H-1 if I apply AP for myself too
No, your AP has no connection to your H1B.
H-1Vegas[/QUOTE]
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waitnwatch
08-27 06:03 PM
It is called interfiling. You can use a new 140 (approved or pending) to replace the existing 140 (approved or pending) for an I-485. Even though the common perception is that the PD must be current, it is not true (per Murthy).
I'm not a legal person, please verify from an attorney
Where did you find this on Murthy. I ask this because I have a similar but slightly different situation where I have an EB-1 140 pending and I concurrently filed an EB-2 NIW. If the EB-1 140 comes through by chance I would like the already filed I-485 to be attached to the EB-1 at that point.
I have been looking for an answer to this question but haven't found a satisfactory answer anywhere.
I'm not a legal person, please verify from an attorney
Where did you find this on Murthy. I ask this because I have a similar but slightly different situation where I have an EB-1 140 pending and I concurrently filed an EB-2 NIW. If the EB-1 140 comes through by chance I would like the already filed I-485 to be attached to the EB-1 at that point.
I have been looking for an answer to this question but haven't found a satisfactory answer anywhere.
more...
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/)
mdmd10
07-18 04:12 PM
Since this is already being dicussed in the thread mentioned above. Thanks
more...
validIV
03-24 10:49 AM
In summary, the immigration system remains broken. Pls fix k thx.
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mrsr
08-09 02:39 PM
not yet
more...
lagsam
05-20 04:07 PM
That's right, still AOS.
You can renew within 120 days before the EAD expire.
I just renewed mine and my wife. My daughter is 16 and she's AOS, but don't have EAD. I am planning to apply for her EAD next month.
You can renew within 120 days before the EAD expire.
I just renewed mine and my wife. My daughter is 16 and she's AOS, but don't have EAD. I am planning to apply for her EAD next month.
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India_USA
04-28 12:59 PM
i 94 is for each person, so yes, your dad and mom have to have i 94 separately
more...
DallasBlue
07-31 08:23 PM
http://immigrationvoice.org/forum/showthread.php?p=102776
Washington Evaluation Services (Washington Evaluation Service)
210 Justice Ct Ne, Washington, DC 20002-5755, United States (Map) (Add Company Info)
Phone: (202) 543-2595
Contact Name:Terry Erb
you can also try:
Trustforte ( www.trustforte.com)
good luck
--disclaimer: just personal view, do your research.
Washington Evaluation Services (Washington Evaluation Service)
210 Justice Ct Ne, Washington, DC 20002-5755, United States (Map) (Add Company Info)
Phone: (202) 543-2595
Contact Name:Terry Erb
you can also try:
Trustforte ( www.trustforte.com)
good luck
--disclaimer: just personal view, do your research.
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immmj
01-11 02:31 PM
BTW, my wife is out of US right. She came here and went back half year ago with visitor visa.
more...
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tarone
11-28 05:22 PM
Hi,
There is wrong priority date on my Labor Certification approval. They
put 2001 instead of 2002 .
It looks they apparently mixed date with some other candidate who have
similar name as mine. They lost his case and put his priority date on mine.
Now can somebody tell me what are my options?
I can not file if the priority date is correct on LCA. But If I apply
for 1-485 using this wrong date, it may be risky because if they find
the correct date it may be problem.
Therefore, I don;t want to take any risk, I just want to apply for
I-140 but should I contact LABOR OFFICE to fix the date and then submit
the application for I-140. Unfortunately Labor Office is not replied
yet on my request to fix this issue.
Any Advice.
There is wrong priority date on my Labor Certification approval. They
put 2001 instead of 2002 .
It looks they apparently mixed date with some other candidate who have
similar name as mine. They lost his case and put his priority date on mine.
Now can somebody tell me what are my options?
I can not file if the priority date is correct on LCA. But If I apply
for 1-485 using this wrong date, it may be risky because if they find
the correct date it may be problem.
Therefore, I don;t want to take any risk, I just want to apply for
I-140 but should I contact LABOR OFFICE to fix the date and then submit
the application for I-140. Unfortunately Labor Office is not replied
yet on my request to fix this issue.
Any Advice.
tattoo Creek outside Ballarat
laststraw
06-22 05:59 PM
Here are my case details
1. Labor approved with job role 1 with priority date of June-2004
2. I-140 EB2 filed - denied - appealed in May 2008 and is with AAO (I485 denied due to this)
3. I-140 EB3 filed for same labour in May 2008 - pending as NSC won't rule on this case until the AAO
4. Moved to a job role 2 which is 90 percent different from job role 1 with same company in Jan 2010 (forced to do it as my previous job role has been outsourced). Changed H1B to job role 2 and have initiated PERM process (got PWD and in the advt phase).
Here is my question:
I believe that there is very little chance for my EB2 I140 appeal will come through. But if it comes through, I don't want to re-open my I485 even though the EB2 date is current for this, as my job role has changed. Would I still be able to port the priority date from the approved EB2 for job role 1 to the new GC process with job role 2 (after my I140 for job role 2 is approved)?
Any thoughts on this is appreciated.
Thanks,
laststraw
1. Labor approved with job role 1 with priority date of June-2004
2. I-140 EB2 filed - denied - appealed in May 2008 and is with AAO (I485 denied due to this)
3. I-140 EB3 filed for same labour in May 2008 - pending as NSC won't rule on this case until the AAO
4. Moved to a job role 2 which is 90 percent different from job role 1 with same company in Jan 2010 (forced to do it as my previous job role has been outsourced). Changed H1B to job role 2 and have initiated PERM process (got PWD and in the advt phase).
Here is my question:
I believe that there is very little chance for my EB2 I140 appeal will come through. But if it comes through, I don't want to re-open my I485 even though the EB2 date is current for this, as my job role has changed. Would I still be able to port the priority date from the approved EB2 for job role 1 to the new GC process with job role 2 (after my I140 for job role 2 is approved)?
Any thoughts on this is appreciated.
Thanks,
laststraw
more...
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morchu
04-30 01:05 AM
You always send 485/140 to the address shown in the form instructions.
Your 485/140 maybe processed by Nebraska/Texas Service centers.
Please do some reading in USCIS.gov
If i'm from Michigan, which processing center is handling my application for Green Card. Nebraska??????????????
Your 485/140 maybe processed by Nebraska/Texas Service centers.
Please do some reading in USCIS.gov
If i'm from Michigan, which processing center is handling my application for Green Card. Nebraska??????????????
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MightyIndian
09-28 12:55 PM
I filed to NSC on 7/20 but receipted by CSC on 9/20 acknowledging the receipt date as 7/20 and transferred I-485 alone to NSC reataining I-765 and I-131. Since then no FP notice or LUDs on I-485 from NSC but EAD and AP are approved from CSC.
more...
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fernandoamat
11-17 09:31 PM
I am a Spanish citizen and I am currently holding an F-1 visa with post-completion OPT that expires in 06/2011. I am working at a company in VA and I got married in Michigan to a US citizen in 09/2010.
My company is offering to sponsor me for an H1B visa in order to continue working here after 06/2011. I am also preparing all the paperwork to apply for a change of status to a green card through marriage (I-130/I-485). Can I submit the green card application at the same time as my company submits the H1B request?
I also have to travel outside the US on 05.2011. I know I would have to ask for advance parole in case of green card application or obtain an H1B visa stamp outside the US if the H1 has been processed. What is the best way to be able to travel abroad in these circumstances?
My company is offering to sponsor me for an H1B visa in order to continue working here after 06/2011. I am also preparing all the paperwork to apply for a change of status to a green card through marriage (I-130/I-485). Can I submit the green card application at the same time as my company submits the H1B request?
I also have to travel outside the US on 05.2011. I know I would have to ask for advance parole in case of green card application or obtain an H1B visa stamp outside the US if the H1 has been processed. What is the best way to be able to travel abroad in these circumstances?
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vin13
06-24 07:30 PM
Advance Parole is not a requirement to maintain status. AP is used to get back into the country based on a pending 485. If you have a valid H1/H4 and just want to stay with it and get back on H1/H4 that is totally fine. AP is optional in your case.
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lazycis
05-28 01:55 PM
I have the same question. What is the process of renewing once its already expired? Should a new application be submit? Can we do it on our own without going through a lawyer?
Thank you
I did it myself without a problem. It's the same I-765 form, you just mail a filled-out form, a copy of your existing EAD (front and back), copy of I-485 receipt, 2 photos and a check.
Thank you
I did it myself without a problem. It's the same I-765 form, you just mail a filled-out form, a copy of your existing EAD (front and back), copy of I-485 receipt, 2 photos and a check.
skarthy
11-27 05:13 PM
skarthy: Upgrade your H1 transfer to premium processing, get the transfer approved. Re-enter the country by showing your wife's old H1 stamping, get a new I-94 based on new approved H1 petition at POE. This is a easy route; If I were you, I will do this.
So We are abandoning the current H1 if we go before its approved .
How do I get the I-94 based on the new H1B , just ask them to stamp it like that ?
Thanks wandmaker.
So We are abandoning the current H1 if we go before its approved .
How do I get the I-94 based on the new H1B , just ask them to stamp it like that ?
Thanks wandmaker.
Blog Feeds
05-25 08:30 AM
As the H1B season (http://www.h1b.biz/lawyer-attorney-1137085.html) still in full force, we would like to share this great tip from AILA. This post discuss where to file H-1B extensions for beneficiaries working for petitioners, which are not cap exempt, but who are "employed at" cap exempt facilities.
The VSC (Vermont Service Center) refers to the September 10, 2009, USCIS Guidance regarding the direct filing address for I-129 petitions, noting that H-1B employers filing petitions which are cap exempt must file such petitions exclusively with the California Service Center.
VSC notes that in this instance, the term "cap exempt" refers only to those petitioners who are exempt from the numerical limitations identified in 8 CFR 214.2 (h)(8)(i)(A). "Cap exempt" petitioners are those described in 8 CFR 214.2(h)(19)(iii), and include:
* Institutions of higher education as defined in section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a);
* Nonprofit organizations or entities connected or associated with institutions of higher education, as described in 8 CFR 214.2(h)(19)(iii)(B);
* Nonprofit research organizations or governmental research organizations as defined in 8 CFR 214.2(h)(19)(iii)(C); and
* Petitioners who otherwise would not be "cap exempt," but will be employing the beneficiary to perform job duties at a qualifying cap exempt institution, provided that the beneficiary's duties will directly or predominantly further the normal, primary, or essential purpose, mission, objectives or function of the qualifying cap exempt institution.
All petitions for individuals "employed at" cap exempt facilities will be rejected by the VSC, even if the beneficiary is working for a petitioner which is not cap exempt. So this is a major point to keep in mind.
More... (http://www.visalawyerblog.com/2010/05/h1b_visa_lawyer_h1b_extensions.html)
The VSC (Vermont Service Center) refers to the September 10, 2009, USCIS Guidance regarding the direct filing address for I-129 petitions, noting that H-1B employers filing petitions which are cap exempt must file such petitions exclusively with the California Service Center.
VSC notes that in this instance, the term "cap exempt" refers only to those petitioners who are exempt from the numerical limitations identified in 8 CFR 214.2 (h)(8)(i)(A). "Cap exempt" petitioners are those described in 8 CFR 214.2(h)(19)(iii), and include:
* Institutions of higher education as defined in section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a);
* Nonprofit organizations or entities connected or associated with institutions of higher education, as described in 8 CFR 214.2(h)(19)(iii)(B);
* Nonprofit research organizations or governmental research organizations as defined in 8 CFR 214.2(h)(19)(iii)(C); and
* Petitioners who otherwise would not be "cap exempt," but will be employing the beneficiary to perform job duties at a qualifying cap exempt institution, provided that the beneficiary's duties will directly or predominantly further the normal, primary, or essential purpose, mission, objectives or function of the qualifying cap exempt institution.
All petitions for individuals "employed at" cap exempt facilities will be rejected by the VSC, even if the beneficiary is working for a petitioner which is not cap exempt. So this is a major point to keep in mind.
More... (http://www.visalawyerblog.com/2010/05/h1b_visa_lawyer_h1b_extensions.html)
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