srikondoji
04-28 04:09 PM
I would pass this info to my employer and lawyer.
As of now my employer is bearing 45% of the costs and promised to cover the other 55% later.
Thanks
As of now my employer is bearing 45% of the costs and promised to cover the other 55% later.
Thanks
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retropain
08-18 02:05 PM
what do u mean go back in line? theyare supposed to be processed like that (LC processing is a different creature though)
SlowRoasted
04-24 10:29 PM
i think i like the goose one most
2011 Angel Wing Tattoo.
crzyBanker
08-24 06:03 PM
Applied i140 and 485 on July 2nd and yesterday my i140 got approved. So I guess no need for premium processing now as the process is moving faster.
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veni001
11-05 09:27 AM
That is true, however, would that result in the 140 being cancelled? As per several discussions the 140 can still be used for extensions (assuming that the 140 has not been revoked/cancelled by USCIS due to fraud and that the PD is not current for that catagory). Again this is debatable and there are lots of opinions on this issue out there.
Some people say that the PD of the older 140 (even if revoked/cancelled by the former employer) can be used when the new company clears the labor and is applying for the new 140.
You need to consider two scenarios here...
First: Approved I-140 revoked by employer, since the employee is no longer with him and or employer no longer want to proceed with immigrant worker petition.
In this case the beneficiary of I-140 can recapture priority date to a future immigrant worker petition by his prospective employer ( at new I-140 stage)
Second: Approved I-140 revoked by USCIS due to Fraud
In this case the employer or employee can no-longer eligible to use that I-140 , which includes recapturing priority date.
Remember: To get H1B extension beyond 6th year one need to have valid approved and/or pending labor/I-140.
If the PERM labor expires then you can not use that to get 1 year extension
If I-140 revoked by employer then you can not use that to get extension even for the same employer ( if you come back to him):p
Some people say that the PD of the older 140 (even if revoked/cancelled by the former employer) can be used when the new company clears the labor and is applying for the new 140.
You need to consider two scenarios here...
First: Approved I-140 revoked by employer, since the employee is no longer with him and or employer no longer want to proceed with immigrant worker petition.
In this case the beneficiary of I-140 can recapture priority date to a future immigrant worker petition by his prospective employer ( at new I-140 stage)
Second: Approved I-140 revoked by USCIS due to Fraud
In this case the employer or employee can no-longer eligible to use that I-140 , which includes recapturing priority date.
Remember: To get H1B extension beyond 6th year one need to have valid approved and/or pending labor/I-140.
If the PERM labor expires then you can not use that to get 1 year extension
If I-140 revoked by employer then you can not use that to get extension even for the same employer ( if you come back to him):p
wanaparthy
03-25 01:57 PM
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Dhundhun
06-21 03:49 PM
I came back to US on Mar 30 2008 using advance parole. The officer wrote on I-94 , paroled until Mar 29, 2008 (I am assuming its an oversight).
I didnt detect the oversight till yesterday. What my current status and what actions should I take to rectify the error.
I am still working for my employer that sponsored the H1B which is valid till Feb 2009, although the stamp on the passport was valid only till Feb 2008
Thanks
For I-485 Applicant, it is not of much significance.
At POE, AP is stamped for one year (with I-94), but when it expires, it does not matter. One can continue working on H1 or EAD. And if someone is in USA on H4 (and not working on EAD) also remains in vaild status.
So there should not be any reason to worry, however, as suggested by "kshitijnt" better to get in touch with USCIS and let them do corrective action as required.
Please post your experience afterwards.
I didnt detect the oversight till yesterday. What my current status and what actions should I take to rectify the error.
I am still working for my employer that sponsored the H1B which is valid till Feb 2009, although the stamp on the passport was valid only till Feb 2008
Thanks
For I-485 Applicant, it is not of much significance.
At POE, AP is stamped for one year (with I-94), but when it expires, it does not matter. One can continue working on H1 or EAD. And if someone is in USA on H4 (and not working on EAD) also remains in vaild status.
So there should not be any reason to worry, however, as suggested by "kshitijnt" better to get in touch with USCIS and let them do corrective action as required.
Please post your experience afterwards.
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enqueued
12-18 12:53 PM
amsgc is right on all answers. For #3, you need a copy of I-129 as well
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snathan
05-17 04:48 PM
Hi,
I mom is from Nepal and Dad from India. Marriages between India and nepal is very common in my place, as we are border state. even my brother is married to nepali citizen and we have all my maternal family in Nepal.
I was born in Nepal, but my parents never thought that getting nepali passport would matter, as we were in India. On passport and other documents my I put India as my birth place and no one ever asked for proof of birth place in India back then.
Now for GC, i would need proof of birth( which i have, but from nepal) and that doesnt match my passport.
Would it be advisable to correct my place of birth in Indian passport and all the records now? Can I have "nepal" as my place of birth in indian passport? Will be be still considered Indian citizen?
How does all this affect my GC process? Any unseen dangers/after affects/side effects. please give your suggestions.
You can have place of birth as Nepal and you would come under Nepal for GC Chargeability. So you dont have to wait the long Indian line.
I mom is from Nepal and Dad from India. Marriages between India and nepal is very common in my place, as we are border state. even my brother is married to nepali citizen and we have all my maternal family in Nepal.
I was born in Nepal, but my parents never thought that getting nepali passport would matter, as we were in India. On passport and other documents my I put India as my birth place and no one ever asked for proof of birth place in India back then.
Now for GC, i would need proof of birth( which i have, but from nepal) and that doesnt match my passport.
Would it be advisable to correct my place of birth in Indian passport and all the records now? Can I have "nepal" as my place of birth in indian passport? Will be be still considered Indian citizen?
How does all this affect my GC process? Any unseen dangers/after affects/side effects. please give your suggestions.
You can have place of birth as Nepal and you would come under Nepal for GC Chargeability. So you dont have to wait the long Indian line.
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gc_chahiye
10-26 03:52 PM
W... For regular applications, they don't even have a column asking for any valid reason.
....
Right. The Initial Evidence section of the I-131 form. Under section I part C 1 b. on page 4 (page 4 in PDF, page 3 printed on that doc) does mention this:
An explanation or other evidence showing the circumstances that warrant issuance of an advance parole document; or
but the very next line is that the alternative to this is a copy of the USCIS receipt of your 485. So just USCIS receipt (or even receipt number) should be good enough for us (or if you filed all three together, dont even need that).
Anyway to OP: ask your lawyer to apply, you should not face any problems getting it.
....
Right. The Initial Evidence section of the I-131 form. Under section I part C 1 b. on page 4 (page 4 in PDF, page 3 printed on that doc) does mention this:
An explanation or other evidence showing the circumstances that warrant issuance of an advance parole document; or
but the very next line is that the alternative to this is a copy of the USCIS receipt of your 485. So just USCIS receipt (or even receipt number) should be good enough for us (or if you filed all three together, dont even need that).
Anyway to OP: ask your lawyer to apply, you should not face any problems getting it.
more...
gcdreamer05
01-05 04:35 PM
Hi there,
I need your advise - have an issue with travel back to the US.
My wife is in India, her AP is expired and she needs to travel back to the US. I am working on an EAD, changed employers and could not transfer my old H-1 (H1 was valid until 06/09 - she has a H4 stamp in her passport valid until the same time). Given there is no H1/H4 or AP available to her now, how can one go about getting either AP reinstated (I know it says one cannot apply for AP when out of the country) or some other status for being able to travel back. We do have a child (US citizen) also in India with her.
I am trying to get advise from an immigration attorney as well but would like to hear from folks here if they have had to deal with this issue and if so what is the best way to deal with it.
Before someone shoots me for asking this question let me make it clear that I have been aware that she should have come back before her AP expired and one cannot renew AP while out of the country and this puts her GC application at risk (abandonement) - there were some factors involved here that were not in my control and therefore we have landed up in this messy situation.
I would really appreaciate any advise you can provide to my query. Thanks!
Sorry to know about your situation....
Since you are not on h1b , she is not on h4, so question of coming back on h4 with AP is not there.
This is very tricky, there is only one solution.
You can apply for AP from outside USA only if on emergency humanitarian situations. Look at Form I-131, there is an option to apply from outside USA.
Look at part one of the I-131 document and talk to your attorney if you can show such a need for an emergency humaitarian situation.
If you had already known about this, why did you make the mistake of sending her abroad....
I need your advise - have an issue with travel back to the US.
My wife is in India, her AP is expired and she needs to travel back to the US. I am working on an EAD, changed employers and could not transfer my old H-1 (H1 was valid until 06/09 - she has a H4 stamp in her passport valid until the same time). Given there is no H1/H4 or AP available to her now, how can one go about getting either AP reinstated (I know it says one cannot apply for AP when out of the country) or some other status for being able to travel back. We do have a child (US citizen) also in India with her.
I am trying to get advise from an immigration attorney as well but would like to hear from folks here if they have had to deal with this issue and if so what is the best way to deal with it.
Before someone shoots me for asking this question let me make it clear that I have been aware that she should have come back before her AP expired and one cannot renew AP while out of the country and this puts her GC application at risk (abandonement) - there were some factors involved here that were not in my control and therefore we have landed up in this messy situation.
I would really appreaciate any advise you can provide to my query. Thanks!
Sorry to know about your situation....
Since you are not on h1b , she is not on h4, so question of coming back on h4 with AP is not there.
This is very tricky, there is only one solution.
You can apply for AP from outside USA only if on emergency humanitarian situations. Look at Form I-131, there is an option to apply from outside USA.
Look at part one of the I-131 document and talk to your attorney if you can show such a need for an emergency humaitarian situation.
If you had already known about this, why did you make the mistake of sending her abroad....
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austingc
08-17 02:32 PM
Hello,
My I-140 got denied based on my Education.
I have 3 yrs + PG Diploma which is equivalent to US Degree according to my education evaluation.
Experience:
- 6 yrs of OUTSIDE USA experience
- 5 yrs of USA experience including 2 yrs of experience with current company.
- I am working as FULL time with an American Company at present
The JOB Description for PERM was:
"Bachelor’s degree in Computer Science plus 5 years experience; 3 year Bachelor’s degree plus 2 year post-graduate diploma in Software Engineering and 5 years experience acceptable. "
Gurus, please help me providing some info, if there is any chance of getting it approved if I file a Motion.. or what should I do next?
Since it was denied on Aug 4th this month, I have 30 days to reopen this case..
Please advise me..
Thanks in advance..
Regds,
Raju
Raju,
This is not enough information to provide any advise. What is the reason USCIS provided in the denial letter. You only provided the PERM details and that does not help anyone.
My I-140 got denied based on my Education.
I have 3 yrs + PG Diploma which is equivalent to US Degree according to my education evaluation.
Experience:
- 6 yrs of OUTSIDE USA experience
- 5 yrs of USA experience including 2 yrs of experience with current company.
- I am working as FULL time with an American Company at present
The JOB Description for PERM was:
"Bachelor’s degree in Computer Science plus 5 years experience; 3 year Bachelor’s degree plus 2 year post-graduate diploma in Software Engineering and 5 years experience acceptable. "
Gurus, please help me providing some info, if there is any chance of getting it approved if I file a Motion.. or what should I do next?
Since it was denied on Aug 4th this month, I have 30 days to reopen this case..
Please advise me..
Thanks in advance..
Regds,
Raju
Raju,
This is not enough information to provide any advise. What is the reason USCIS provided in the denial letter. You only provided the PERM details and that does not help anyone.
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chanduv23
03-20 03:43 PM
How many of you support this idea ?
Rally in DC in the morning and Fasting till 5PM in front of the capitol.
Why are we talking about rally all of a sudden?
Rally in DC in the morning and Fasting till 5PM in front of the capitol.
Why are we talking about rally all of a sudden?
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nni123
10-09 05:26 PM
Leave Nov visa bulletin, I am more interested in November pay check, thank to this economy.
I like that a lot and very true
I like that a lot and very true
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Saralayar
10-10 03:44 PM
November's visa bulletin is a wild card. Can expect anything.
Something or Nothing...:D:D:D:D
Something or Nothing...:D:D:D:D
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jq45
06-15 09:53 AM
The USCIS PDF for I-693 (http://www.uscis.gov/files/form/I-693.pdf) says "OMB No. 1615-0033; Expires 06/30/07" at the top of the form. At the bottom it says "Form I-693 (Rev. 09/16/05) Y". Will we be able to submit this form if we get the medical exam done now and file it with the I-485 on July 1 or later?
I found another version of the PDF which says "OMB No. 1615-0064; Expires 05/31/08" at the top and "Form I-693 (Rev. 09/16/05) N" at the bottom. I've only found this at these sites:
http://immigrationadvice.net/I-693.pdf
http://www.lexisnexis.com/practiceareas/immigration/pdfs/web895.pdf
But I'm not sure which one should be used because of the upcoming expiry date on the one from uscis.gov, versus the one with the later expiry date on these other sites. Does this expiry date matter?
I'm going to my medical exam in 1 1/2 hours -- if anyone can post a response before then, that'd be much appreciated!
I don't know if the doctor will use my copy or provide a copy. Is it a problem if the doctor provides and uses the older form?
I found another version of the PDF which says "OMB No. 1615-0064; Expires 05/31/08" at the top and "Form I-693 (Rev. 09/16/05) N" at the bottom. I've only found this at these sites:
http://immigrationadvice.net/I-693.pdf
http://www.lexisnexis.com/practiceareas/immigration/pdfs/web895.pdf
But I'm not sure which one should be used because of the upcoming expiry date on the one from uscis.gov, versus the one with the later expiry date on these other sites. Does this expiry date matter?
I'm going to my medical exam in 1 1/2 hours -- if anyone can post a response before then, that'd be much appreciated!
I don't know if the doctor will use my copy or provide a copy. Is it a problem if the doctor provides and uses the older form?
more...
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aya2004
06-07 04:45 PM
I see two votes on cloture were rejected !
http://www.senate.gov/legislative/LIS/roll_call_lists/vote_menu_110_1.htm
http://www.senate.gov/legislative/LIS/roll_call_lists/vote_menu_110_1.htm
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AirWaterandGC
05-08 04:46 PM
I joined last month and started my direct conthly contribution from this month. Go IV !
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palemguy
08-21 11:01 AM
PD : April 2004
RD : July 3, 2007
140 was approved
RD : July 3, 2007
140 was approved
EkAurAaya
07-10 09:57 PM
may be they just throw files around... too many on my desk, move 'em to TSC :D
dpsg
03-11 12:33 AM
We should call their office and ask them to pledge support with actions.
First thing might be contribute something towards IV.
First thing might be contribute something towards IV.
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