mchundi
09-12 04:20 PM
nkavjs, I am with you brother.
so am i. called the USCIS custoner service rep. she asked me to call back in the last week of sep.
so am i. called the USCIS custoner service rep. she asked me to call back in the last week of sep.
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japs19
07-20 02:18 PM
I am in the same situation and I filed for AOS using approved 140 from Company A. The only risk is, if we get an approval within 180 days then technically we will have to go and work for Company A for minimum 90 days, which in my case is not possible. My lawyer said that he highly doubts that any action will be taken in 180 days (my PD is June 05) and once 180 days are over, you can use the luxury of AC21 and could be working for any employer at that time.
I say go ahead and file for 485 and at the same time tell your employer to initiate LC process. They can use LC for some other candidate if you end up not using it.
I say go ahead and file for 485 and at the same time tell your employer to initiate LC process. They can use LC for some other candidate if you end up not using it.
smisachu
08-22 04:09 PM
[URL="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1008366"]
Here is the link. Its 194 pages so lets read it and assimilate it. We might be able to use some key points.
Here is the link. Its 194 pages so lets read it and assimilate it. We might be able to use some key points.
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kondur_007
07-26 05:54 PM
labor is indeed more than 1 year old. Are you completely sure about this rule since having an approved 140 gives you a 3 year extemsion
Yes, unfortunately you are not eligible for I140 premium processing as you can extend your H1 beyond 6 yrs based on labor > 1yr old.
USCIS opened this premium processing for a VERY narrow group of people: "who can not extend H1 visa beyond 6 yrs by any other means, who are currently on H1 status". However, due to this very narrow inclusion criteria, they have received a very few premium processing requests (as most people either have older labor or are in different status by now). And they LOVE money, so they will soon come up with broader premium processing, (probably in october or so when new fiscal year starts when they usually go in "hibernation")
Hope it helps.
Yes, unfortunately you are not eligible for I140 premium processing as you can extend your H1 beyond 6 yrs based on labor > 1yr old.
USCIS opened this premium processing for a VERY narrow group of people: "who can not extend H1 visa beyond 6 yrs by any other means, who are currently on H1 status". However, due to this very narrow inclusion criteria, they have received a very few premium processing requests (as most people either have older labor or are in different status by now). And they LOVE money, so they will soon come up with broader premium processing, (probably in october or so when new fiscal year starts when they usually go in "hibernation")
Hope it helps.
more...
cbpds
08-07 03:31 AM
Nothing to worry, you have made no mistake, thats the way it appears
all the best
Hello Friends,
I have today booked my visa interview appointment at Mumbai consulate.My hometown is Indore (Madhya Pradesh) and on the visa appointment letter the "State of Residence" says "Maharashtra". I am confused whether I made any mistake or the "state of Residence" says maharashtra based on consulate's state?
Please help me getting answer to this puzzle.
all the best
Hello Friends,
I have today booked my visa interview appointment at Mumbai consulate.My hometown is Indore (Madhya Pradesh) and on the visa appointment letter the "State of Residence" says "Maharashtra". I am confused whether I made any mistake or the "state of Residence" says maharashtra based on consulate's state?
Please help me getting answer to this puzzle.
arsh007
06-18 05:41 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
Your friends are correct. U can avoid RFE in I-485 by using affidavits.
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
Your friends are correct. U can avoid RFE in I-485 by using affidavits.
more...
masti_Gai
01-10 03:28 PM
I mean the PD dates moving...;)
Let the PD dates move and give us some relief;)
Let the PD dates move and give us some relief;)
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gsc999
09-12 02:14 AM
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SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
(San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at http://morejazzbythebay.wordpress.com (http://morejazzbythebay.wordpress.com/))
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cheers, and see ya'll in DC!
jazz
--
Jazz great work with the blog. Thanks!
SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
(San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at http://morejazzbythebay.wordpress.com (http://morejazzbythebay.wordpress.com/))
http://images.jupiterimages.com/common/detail/20/99/22609920.jpg
cheers, and see ya'll in DC!
jazz
--
Jazz great work with the blog. Thanks!
more...
nrmehta
08-27 02:12 PM
I (and my spouse as dependent) applied for I-485, AP, and EAD on July 17, 07 and am yet to get the receipt notice. My (and my spouse's) H-1 expires on 12/31/07 and I plan to travel out of the US between November 8 and December 24.
In case, the I-485 receipt notice does not come before we leave, would we be considered as having abandoned the PR application? Any idea how long it might take for the receipt notice to come for people in my shoes?
In case, the I-485 receipt notice does not come before we leave, would we be considered as having abandoned the PR application? Any idea how long it might take for the receipt notice to come for people in my shoes?
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tonyHK12
04-28 01:30 PM
I thought he died because Bush wouldn't authorize embryonic stem cell research. Anyway he is an intergalactic illegal immigrant from Krypton.
technically he got birthright citizenship through the orphanage! but the double taxation was too much
"It’s refreshing to see an alien refugee tell the United States that it’s as important to him as any other country on Earth — which in turn is as important to Superman as any other planet in the multiverse."
Especially the zero tax countries...
Previously Superman never had to pay taxes, but now with the record defecit, he's being proactive with his portfolio
technically he got birthright citizenship through the orphanage! but the double taxation was too much
"It’s refreshing to see an alien refugee tell the United States that it’s as important to him as any other country on Earth — which in turn is as important to Superman as any other planet in the multiverse."
Especially the zero tax countries...
Previously Superman never had to pay taxes, but now with the record defecit, he's being proactive with his portfolio
more...
techskill
07-10 10:18 AM
I filed my AP on April 29th,2008. I had one LUD on July 8th , the status was case pending and another one today,today status changed to
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document mailed to applicant.
On July 10, 2008 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Any idea what does this mean? Is it approved or something else.
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document mailed to applicant.
On July 10, 2008 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Any idea what does this mean? Is it approved or something else.
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permfiling
09-28 04:34 PM
Myself and my wife walked into the ASC today. The officer in the front mentioned "are you coming in early" we said yes and then he said u need to fill out the forms etc so we got it done today. I persume since the finger prints are scanned and notified to USCIS so I don't have to send to the service center
I am not sure whether a way to prepone it. You can try going for FP. They did not say anything about the future date.
I am not sure whether a way to prepone it. You can try going for FP. They did not say anything about the future date.
more...
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getgc2008
04-23 02:24 PM
Thanks I got the details.
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abuddyz
01-20 07:07 PM
I asked my company attoreny about this.. he said that immigration petition is I-140 and as I-140 is not filed for your wife (I-485 is already filed for my wife) so I should say No there for my wife's form.
more...
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thankgod
05-13 09:40 AM
I have ben working with employer A on an H1B ( even labor and I-140 approved, PD-April2009) and planning to apply for H1 transfer now through employer B.
After the transfer is approved for B, if I change my mind and decide to continue to work with curent employer A, can I do that ?
Thanks,
Kumar
You can continue your work with Employer A. Just ignore about B.
After the transfer is approved for B, if I change my mind and decide to continue to work with curent employer A, can I do that ?
Thanks,
Kumar
You can continue your work with Employer A. Just ignore about B.
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ashres11
02-24 06:39 PM
My wife went to India for 15 days and she is coming back on sunday at EWR. She is on h1 and joining to different compnay as full time base on EAD. She is my dependent.
She went India with all original of AP approval, EAD , copy of EAD, I485, I131 (Not original) and original copy of h1b approval. She is planning to comeback on AP. Is that law that person must carry original i485 receipt when come back on advance parole.
My wife original I485 receipt is with lawyer, when I asked him about original, he said it is not required when you are coming back on AP. Copy should be fine.
Now when discussed with some freinds they said original I485 reciept required when coming back on I485. I am not sure how to handle it.
She went India with all original of AP approval, EAD , copy of EAD, I485, I131 (Not original) and original copy of h1b approval. She is planning to comeback on AP. Is that law that person must carry original i485 receipt when come back on advance parole.
My wife original I485 receipt is with lawyer, when I asked him about original, he said it is not required when you are coming back on AP. Copy should be fine.
Now when discussed with some freinds they said original I485 reciept required when coming back on I485. I am not sure how to handle it.
more...
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Blog Feeds
07-23 11:40 AM
U.S. Department of Labor has implemented a new integrated online system � known as the iCert Portal � through which employers can submit applications for permanent labor certification, labor condition applications (LCAs) and other applications for immigration-related DOL programs. In addition, the agency will introduce new editions of Form ETA-9089, the PERM labor certification application, and have already introduced Form ETA-9035, the labor condition application. iCert has already replaced the method of LCA filing for H-1B. The new iCert system begins to accept LCAs as of July 1, 2009. Employer and attorneys as the case may be, can still use the old LCA account but cannot submit new LCA. New LCA has to be filed from iCert.
Following are the new changes which has taken place:
- The new LCA requires writing the SOC (ONET/OES) code and the occupation title for the job.
- The new LCA has a section for basis for the visa classification supported by the application. There are the following categories:
a. New employment;
b. Continuation of previously approved employment without change with the same employer;
c. Change in previously approved employment;
d. New concurrent employment;
e. Change of employer;
f. Amended petition.
- One has to indicate the total number of H-1B/H-1B1 (http://www.h1b.biz/lawyer-attorney-1137085.html) non-immigrant workers.
- The new LCA also requires, in the employer information section, to indicate the Trade name/doing business as (DBA), if applicable, the old LCA does not have this requirement.
- In the new LCA, one is required to write NAICS code.
- There is a new section in the new LCA - Employer point of contact information, which requires to indicate the following: full contact�s name; contact�s job; contact�s address; contact�s telephone number; contact�s e-mail address.
More... (http://www.visalawyerblog.com/2009/07/icert_portal_for_lca_filing.html)
Following are the new changes which has taken place:
- The new LCA requires writing the SOC (ONET/OES) code and the occupation title for the job.
- The new LCA has a section for basis for the visa classification supported by the application. There are the following categories:
a. New employment;
b. Continuation of previously approved employment without change with the same employer;
c. Change in previously approved employment;
d. New concurrent employment;
e. Change of employer;
f. Amended petition.
- One has to indicate the total number of H-1B/H-1B1 (http://www.h1b.biz/lawyer-attorney-1137085.html) non-immigrant workers.
- The new LCA also requires, in the employer information section, to indicate the Trade name/doing business as (DBA), if applicable, the old LCA does not have this requirement.
- In the new LCA, one is required to write NAICS code.
- There is a new section in the new LCA - Employer point of contact information, which requires to indicate the following: full contact�s name; contact�s job; contact�s address; contact�s telephone number; contact�s e-mail address.
More... (http://www.visalawyerblog.com/2009/07/icert_portal_for_lca_filing.html)
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martinvisalaw
10-12 04:56 PM
Co. B can file the PERM at any time, but ideally one year before the current H-1B expires, even if that is 8+ years into your H-1B status. Provided that you have a PERM on file 365 days before the end of your H-1B status, the company can extend again based on that PERM #2. The filing does not have to be before the end of your 6th year.
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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.
desi485
11-13 01:57 PM
As far as I know, you can file (or even decide not to file if you have H-1) anytime. This should not be an issue. In fact, one my friend's was in similar boat, he filed his EAD after gap of 3 months and got it approved.
EAD is only a backup for most of us if we are working on H1B. But it is better to have it renewed as you never know when you may have to use it due to layoff, firing or any other unfortunate event. It is more likely to happen due to current state of economy. CIS allows us to continue working on EAD after 180 days of filling 485 under AC21 rule.
However there are some unfortunate incidents going on where IO wrongfully denied 485 petitions when a person changed jobs using AC-21. I urge you to take part in IV AC-21 letters campaign which will help you and all of us to survive any unfortunate, unforseen job loss due to current downturn in economy. It is actully very easy, just print 4 pages and mail it thru' USPS. Won't even cost you $2. Remember this for yours and our future and peace of mind. (http://immigrationvoice.org/forum/showthread.php?t=22182) I humbly request you to do so for sake of our community. Thanks!
EAD is only a backup for most of us if we are working on H1B. But it is better to have it renewed as you never know when you may have to use it due to layoff, firing or any other unfortunate event. It is more likely to happen due to current state of economy. CIS allows us to continue working on EAD after 180 days of filling 485 under AC21 rule.
However there are some unfortunate incidents going on where IO wrongfully denied 485 petitions when a person changed jobs using AC-21. I urge you to take part in IV AC-21 letters campaign which will help you and all of us to survive any unfortunate, unforseen job loss due to current downturn in economy. It is actully very easy, just print 4 pages and mail it thru' USPS. Won't even cost you $2. Remember this for yours and our future and peace of mind. (http://immigrationvoice.org/forum/showthread.php?t=22182) I humbly request you to do so for sake of our community. Thanks!
rujulm
11-03 01:26 PM
Hi currently I am on H1B which is set to expire at end of November and will not be renewed. I have another position coming up but the visa application may not b e done till late December or January. I would need to transfer to H4 on my spouses status till then.
Can some one guide me in this process. What steps must be taken to transfer from H1B to H4? Is there any webpage which explains this step?
Is is better to file for H4 from USA itself or to go to India and do it?
Once I file for H4, does it have any impact on my filing for H1 from the new employer later in December or January?
Please assist me.
Thank you in advance.
Can some one guide me in this process. What steps must be taken to transfer from H1B to H4? Is there any webpage which explains this step?
Is is better to file for H4 from USA itself or to go to India and do it?
Once I file for H4, does it have any impact on my filing for H1 from the new employer later in December or January?
Please assist me.
Thank you in advance.
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