perm2gc
06-16 05:52 PM
I have H1 extension of 3 yrs after 6 yrs of H1 b'cos of approved I 140. Now when I file 485 and EAD, can I still use the H1 till expiry date if somehow 485 application gets denied before H1 expiry date?
I know if the CIR in it's current form is passed then this question becomes invalid, since I am consulting on H1.
you can maintain dual status .
I know if the CIR in it's current form is passed then this question becomes invalid, since I am consulting on H1.
you can maintain dual status .
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eyeswe
06-03 04:00 PM
I hope I am reading this incorrectly. Is USCIS now saying that any applicant on AOS must obtain an AP for travel, even if they are on H1B... The post above me is infintely correct if this is the case.. I hope I am wrong in my interpretation
U.S.* Citizenship and Immigration Services (USCIS) reminds individuals that they "must" obtain Advance Parole from USCIS before traveling abroad if they have:
* been granted Temporary Protected Status (TPS);
* "a pending application for adjustment of status to lawful permanent resident;"
* a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
* a pending asylum application; or
* a pending application for legalization.*
U.S.* Citizenship and Immigration Services (USCIS) reminds individuals that they "must" obtain Advance Parole from USCIS before traveling abroad if they have:
* been granted Temporary Protected Status (TPS);
* "a pending application for adjustment of status to lawful permanent resident;"
* a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
* a pending asylum application; or
* a pending application for legalization.*
immi_enthu
04-17 11:05 AM
I am not an expert but I would think by the way USCIS works you would be better off (in terms of time) starting a new application than trying to amend an existing EB application with them.
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Desertfox
08-14 12:45 PM
I gave you a green..:)
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jkays94
07-11 09:37 PM
Wasn't it Condi who said that this fiasco was a 'small inconvenience' to the applicants ?? A creative open letter ad highlighting the absurdity of this comment in a major paper would drive the message home, just like Alberto Gonzalez's classmates from Harvard did when they published an ad in the Washington post : http://websrvr80il.audiovideoweb.com/il80web20037/ThinkProgress/2007/Page%20A13%205-15-07.pdf
Achi Goro
11-17 02:54 PM
Hey Guys
I need your help on these issues. My labor certification was filed on October 25th 2006 and had it approved on 5th of November 2006.
Now my employer is ready to file the 1-140 together with 1-1485. My question is, I do not know whether my priority date is current for the filing of these forms.
Looking at the above filing date, can some one brief me on my likely priority date?
The other question is, even though my employer is taking the responsibilty of my filing process, I am paying all the expenses ( be it the Attorney fee as well as other additional fees are being borne by me).
When do you think will be appropriate for me to quit this job after my 1-140 and 1-1485 have been filed? Please advice me on this because my initially promised to pay for all the expenses but denied this after I have taken up the job.
I need your help on these issues. My labor certification was filed on October 25th 2006 and had it approved on 5th of November 2006.
Now my employer is ready to file the 1-140 together with 1-1485. My question is, I do not know whether my priority date is current for the filing of these forms.
Looking at the above filing date, can some one brief me on my likely priority date?
The other question is, even though my employer is taking the responsibilty of my filing process, I am paying all the expenses ( be it the Attorney fee as well as other additional fees are being borne by me).
When do you think will be appropriate for me to quit this job after my 1-140 and 1-1485 have been filed? Please advice me on this because my initially promised to pay for all the expenses but denied this after I have taken up the job.
more...
me_myself
03-05 03:06 AM
There is a sudden change of plan. My company wants me in US for two months - March 15 - May 15. Then i have to go back to India till Dec 09 and come back to join work from Jan 2010. My questions -
1. Will i be facing any questions at the immigration (point of entry) when i come back on Jan 2010?
2. Any other situation or scenario that i should be aware of?
3. If i receive pay check for just two months in 09, will there be a problem when i file taxes for 2009?
4. How long can i stay outside US on a H1b visa?
Thanks a lot.
1. Will i be facing any questions at the immigration (point of entry) when i come back on Jan 2010?
2. Any other situation or scenario that i should be aware of?
3. If i receive pay check for just two months in 09, will there be a problem when i file taxes for 2009?
4. How long can i stay outside US on a H1b visa?
Thanks a lot.
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i4u
11-11 10:51 AM
Yes! Lou Dobbs is back in FOX Business Network
Lou Dobbs Joining Fox Business Network (http://www.huffingtonpost.com/2010/11/10/lou-dobbs-joining-fox-business-network_n_781630.html)
Lou Dobbs Joining Fox Business Network (http://www.huffingtonpost.com/2010/11/10/lou-dobbs-joining-fox-business-network_n_781630.html)
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dixie
01-25 11:25 AM
Nuke bill was an agreement between two nations - India and USA - hence Indian govt had a legtimate interest to lobby for it. Lobbying to change the immigration laws of a sovereign nation by a foreign govt is another cup of tea altogether, and will definitely give a bad name to our cause. You have seen what happened when Vincente Fox lobbied for CIR: even americans who were otherwise sympathetic to CIR were hostile to the idea of a foreign head of state telling them what to do with their immigration laws, and quite understandably so. This is a dead horse anyways - what is the point of flogging it further ?
If the govt can lobby for nuke bill, why they cannot do it for techs?
Govt well know that a big chunk of money is gonna come from NRIs and even bigger will come from future NRIs. To sustains India's growth they need it big time.
In my opinion it would be a good idea to seek Govt of India's help..
thx
babu
If the govt can lobby for nuke bill, why they cannot do it for techs?
Govt well know that a big chunk of money is gonna come from NRIs and even bigger will come from future NRIs. To sustains India's growth they need it big time.
In my opinion it would be a good idea to seek Govt of India's help..
thx
babu
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bp333
11-13 05:03 PM
That is GREAT!
I can understand what you have gone through and it must be a big relief for you !
Can you tell us when did you resubmit your application and what fee did they accept..old or new. A friend of mine resubmitted his application a few days ago with new fee... his original app was rejected earlier because his attorney sent thre wrong fee amount...(neither new nor old..)
Good luck and enjoy the feleing now
Thanks. When refiling we submitted checks to cover old fee and an additional check to cover the difference for new fee. I don't know at this point what checks they cashed. For sure, USCIS us being very lenient and cooperative given the volume of cases, July fiasco etc..
I am very positive that your friends filing will get through as well.
I can understand what you have gone through and it must be a big relief for you !
Can you tell us when did you resubmit your application and what fee did they accept..old or new. A friend of mine resubmitted his application a few days ago with new fee... his original app was rejected earlier because his attorney sent thre wrong fee amount...(neither new nor old..)
Good luck and enjoy the feleing now
Thanks. When refiling we submitted checks to cover old fee and an additional check to cover the difference for new fee. I don't know at this point what checks they cashed. For sure, USCIS us being very lenient and cooperative given the volume of cases, July fiasco etc..
I am very positive that your friends filing will get through as well.
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purplehazea
05-31 12:45 PM
I have interview for AOS employment based on June 20th, 2006. The letter simply says get passport and I94. However i am planning to take all documents with me.
Here are my case details:
- Labor was filed in 2001 Nov in MI
- 140 approved in Oct 2003
- 485 filed in Jan 2004
- changed employer in 2004 Nov on EAD
- RFE for employment letter in Mar 2004
- Case transfered to local office (Newark), May 2005
- 3 EAD renewals, 3 AP renewals
- 25 % more salary than old job. Title in old job was programmer/analyst.
- New job when joined was Systems Analyst.
- For RFE response, supplied a good letter with same job description.
- The current JOb is NJ with a well known insurance company.
- Recently i got promoted to Information systems Consultant
Now my Qs are
- What can i expect during the interview?
- Anyone with similar experience, can you share ur experience?
- Change in titles, more salary, labor being from a different state etc are
making me very nervous
- Are there chances that i get rejected/approved same day? if rejected, will be disastrous as i am not H1 anymore?
Most of the time they will just verify some of your application details verbally. The fact that this is an AOS interview should give you positive hope instead of negative feelings. In my experience they will never schedule an appointment if they have queries or doubts about your status, bro.
Here are my case details:
- Labor was filed in 2001 Nov in MI
- 140 approved in Oct 2003
- 485 filed in Jan 2004
- changed employer in 2004 Nov on EAD
- RFE for employment letter in Mar 2004
- Case transfered to local office (Newark), May 2005
- 3 EAD renewals, 3 AP renewals
- 25 % more salary than old job. Title in old job was programmer/analyst.
- New job when joined was Systems Analyst.
- For RFE response, supplied a good letter with same job description.
- The current JOb is NJ with a well known insurance company.
- Recently i got promoted to Information systems Consultant
Now my Qs are
- What can i expect during the interview?
- Anyone with similar experience, can you share ur experience?
- Change in titles, more salary, labor being from a different state etc are
making me very nervous
- Are there chances that i get rejected/approved same day? if rejected, will be disastrous as i am not H1 anymore?
Most of the time they will just verify some of your application details verbally. The fact that this is an AOS interview should give you positive hope instead of negative feelings. In my experience they will never schedule an appointment if they have queries or doubts about your status, bro.
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gimme_GC2006
05-04 05:58 PM
how is that cheating? If I take a appartment on rent with lease on my name, pay my rent, pay my taxes, work for a US based company, pay my bills?
Well..I guess..eb3retro may have wanted to know if that is not cheating then what would be anybody's intention in paying all those rents/taxes when you are not physically here :confused:
Well..I guess..eb3retro may have wanted to know if that is not cheating then what would be anybody's intention in paying all those rents/taxes when you are not physically here :confused:
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vin13
07-15 09:24 AM
Hmm.. maybe i did not make it clear.
What I meant was, if you make 4 copies of your photo and use two of them in one application, then USCIS is not allowing you to use remaining two afterwards claiming that picture should be recent and 'unused'. They are asking of 'different' picture altogether.
USCIS do request you provide pictures that are less than 6 months old. I had a situation where i recieved an RFE for my AP application with a request for another set of photos without reason. They were new and taken from a reputed photo studio. I had to submit new pictures. Not sure if USCIS lost the first set.
Sometimes there is no valid reasoning.
I had a friend who got a RFE requesting new pictures. He told me that he had submitted new pictures. With further discussion, i found that he had a old negative that he got prints developed recently. So he considered them as new. :D
What I meant was, if you make 4 copies of your photo and use two of them in one application, then USCIS is not allowing you to use remaining two afterwards claiming that picture should be recent and 'unused'. They are asking of 'different' picture altogether.
USCIS do request you provide pictures that are less than 6 months old. I had a situation where i recieved an RFE for my AP application with a request for another set of photos without reason. They were new and taken from a reputed photo studio. I had to submit new pictures. Not sure if USCIS lost the first set.
Sometimes there is no valid reasoning.
I had a friend who got a RFE requesting new pictures. He told me that he had submitted new pictures. With further discussion, i found that he had a old negative that he got prints developed recently. So he considered them as new. :D
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puzon23
02-12 11:40 AM
Yeah, I would have liked to apply a year ago but at that time my employer and I had a different arragnment. Anyway, Hellomms, you are talking about me getting H1B extended but to do all that I have to submit my PERM application first and I really think it will be difficult to even get through the recruitment process at this time. DOL is already talking about watching more carefully and many EB2 cases get audited regardless. Anyway, givien the details I gave in my first post, what would you guys advise, go to Canada and reset the H1B clock or try to force PERM now?
Please advise! Thanks!
Please advise! Thanks!
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swo
07-05 01:40 PM
My guess is EB2 will return to current and EB3 will be retrogressed anything from 2002 to 2005. I doubt it will be any more current than that.
It's impossible to know. It depends how many applications were ready for approval by the time October hits.
It's impossible to know. It depends how many applications were ready for approval by the time October hits.
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kirupa
11-19 07:04 PM
Congrats lost! Voting twice for your own name *coug* mdipi *cough* doesn't really help all that much =)
Cheers!
Kirupa :rambo:
Cheers!
Kirupa :rambo:
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LC2002
10-26 03:25 PM
Picture on this is scanned image of original picture you sent.
It is like h1 aproval notice with a photograph in it
It is like h1 aproval notice with a photograph in it
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dbevis
January 20th, 2004, 10:14 PM
Hard to tell from this (reduced) image, but the goose is not on one of the focus points so I suspect the camera selected the ducks in the background. The depth of field for your conditions is around 8 feet so you can see it's easy for much of the image (and the goose in particular) to be out of focus.
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GreenCard4US
03-20 04:57 PM
http://www.hindu.com/thehindu/holnus/000200903210312.htm
Saturday, March 21, 2009
Washington (PTI): In a blow to Indian professionals, the U.S. on Friday announced additional measures for hiring of foreign specialists under the H-1B visa work programme making it more difficult for the companies receiving federal aid money to hire overseas workers.
The U.S. Citizenship and Immigration Services (USCIS) announced the measures to enforce the provisions of the new Employ American Workers Act (EAWA) of the American Recovery and Reinvestment Act, which prohibits hiring of H-1B visa holders by American companies who receive the federal aid money. Indian nationals account for bulk of the coveted H-1B visas.
These measures come about ten days before the USCIS starts accepting petitions for new H-1B visas for the fiscal year beginning October 1, 2009.
"Under this legislation any company that has received covered funding and seeks to hire new H-1B workers is considered an 'H-1B dependent employer'.
All H-1B dependent employers must make additional attestations to the U.S. Department of Labour (DOL) when filing the Labour Condition Application (LCA)," the USCIS said.
"USCIS reminds petitioners that a valid LCA must be on file with DOL at the time the H-1B petition is filed with USCIS," it said.
This means that if the petitioner indicates on its petition that it is subject to the EAWA, but the Labour Condition Application does not contain the proper attestations relating to H-1B dependent employers, USCIS will deny the H-1B petition, the statement said.
Besides, the USCIS is revising Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the petitioner has received covered funding.
USCIS is expected to post this revised form on its web site in time for the next cap subject to H-1B filing period that begins on April l.
While USCIS encourages petitioners, whenever possible, to use the most up-to-date form, USCIS will not require use of the revised form in time for the start of the filing period for fiscal year 2010, it said.
At the same time, USCIS urged H-1B petitioners who have already prepared packages for mailing using the previous Form I-129 (January 2009 version) to complete only the page in the revised version of the Form I-129 (March 2009) which has the new question on EAWA attestation requirements and to file this single page with the prepared package.
USCIS said EAWA applies to any Labour Condition Application (LCA) and/or H-1B petition filed on or after February 17, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status.
The EAWA also applies to new hires based on a petition approved before February 17, 2009, if the H-1B employee had not actually commenced employment before that date.
However, EAWA does not apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorised category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer.
Saturday, March 21, 2009
Washington (PTI): In a blow to Indian professionals, the U.S. on Friday announced additional measures for hiring of foreign specialists under the H-1B visa work programme making it more difficult for the companies receiving federal aid money to hire overseas workers.
The U.S. Citizenship and Immigration Services (USCIS) announced the measures to enforce the provisions of the new Employ American Workers Act (EAWA) of the American Recovery and Reinvestment Act, which prohibits hiring of H-1B visa holders by American companies who receive the federal aid money. Indian nationals account for bulk of the coveted H-1B visas.
These measures come about ten days before the USCIS starts accepting petitions for new H-1B visas for the fiscal year beginning October 1, 2009.
"Under this legislation any company that has received covered funding and seeks to hire new H-1B workers is considered an 'H-1B dependent employer'.
All H-1B dependent employers must make additional attestations to the U.S. Department of Labour (DOL) when filing the Labour Condition Application (LCA)," the USCIS said.
"USCIS reminds petitioners that a valid LCA must be on file with DOL at the time the H-1B petition is filed with USCIS," it said.
This means that if the petitioner indicates on its petition that it is subject to the EAWA, but the Labour Condition Application does not contain the proper attestations relating to H-1B dependent employers, USCIS will deny the H-1B petition, the statement said.
Besides, the USCIS is revising Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the petitioner has received covered funding.
USCIS is expected to post this revised form on its web site in time for the next cap subject to H-1B filing period that begins on April l.
While USCIS encourages petitioners, whenever possible, to use the most up-to-date form, USCIS will not require use of the revised form in time for the start of the filing period for fiscal year 2010, it said.
At the same time, USCIS urged H-1B petitioners who have already prepared packages for mailing using the previous Form I-129 (January 2009 version) to complete only the page in the revised version of the Form I-129 (March 2009) which has the new question on EAWA attestation requirements and to file this single page with the prepared package.
USCIS said EAWA applies to any Labour Condition Application (LCA) and/or H-1B petition filed on or after February 17, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status.
The EAWA also applies to new hires based on a petition approved before February 17, 2009, if the H-1B employee had not actually commenced employment before that date.
However, EAWA does not apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorised category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer.
bestin
06-19 01:46 PM
I think I know what might have happened here. Check your I-140 petition. Check if on part 2, box "d" was checked. If yes then the officer went looking for an advanced degree (post baccalaureate) and could not find any documents and issued an RFE. It is usually customary for EB-2 to have Masters or show the job requires equivalent education / experience combo otherwise you will have to downgrade 140 to EB-3 (by checking the "e" box and amending I-140 by working with the officer, consult with your lawyer)
Hi add78,Yes,d was checked.I thought thats what needs to be checked for EB2.I do have a bachelors degree+ 5 years experience.
Hi add78,Yes,d was checked.I thought thats what needs to be checked for EB2.I do have a bachelors degree+ 5 years experience.
sam_hoosier
11-15 03:33 PM
Thank you all for your valuable input. I have a follow up question :
Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.
Here is the situation :
My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.
Thank you for your time.
As long as you dont get paid for the marketing & promotional work in the US, you will not be breaking any immigration laws.
Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.
Here is the situation :
My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.
Thank you for your time.
As long as you dont get paid for the marketing & promotional work in the US, you will not be breaking any immigration laws.
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