NELLAIKUMAR
08-22 02:14 PM
I thought carrying the old US passport along with the new US passport and PIO card would be sufficient. Anyone else with the same understanding????
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CHHAYA
04-26 01:01 PM
I am working on EAD and want to work 20 hrs. What is the risk involved in I-485 processing? Thanks in advance for any light.
rolrblade
07-31 01:46 PM
Hi,
I have a question an experts:
Shustermann says that today ist the last day that all the employment- based-preference categories are current (exception unskilled workers). Ok, now he sasy : We recommand that Employers and their attorneys e-filing their I-140 today.
Please explain me if thats so important to file today the I-140 becouse just today the priority date are current.
I dont understand whats has the filing form I-140 to do with the priority Dates. Priority date is the PERM date??
A little correction to andy's answer above.
yes, the I-140 is also for NIW cases, but remember that your priority date is not "fixed" unless you have an approved I-140 backing up that petition.
What Shusterman is saying is that file the I-140 today and get receipt notice (number) and then based on the priority dates being current only till today you will be able to file the I-485 before Aug 17th.
Does this help clear your doubts! Do I qualify as the "expert" that you are looking for? :D Send me a pM if you have questions.
I have a question an experts:
Shustermann says that today ist the last day that all the employment- based-preference categories are current (exception unskilled workers). Ok, now he sasy : We recommand that Employers and their attorneys e-filing their I-140 today.
Please explain me if thats so important to file today the I-140 becouse just today the priority date are current.
I dont understand whats has the filing form I-140 to do with the priority Dates. Priority date is the PERM date??
A little correction to andy's answer above.
yes, the I-140 is also for NIW cases, but remember that your priority date is not "fixed" unless you have an approved I-140 backing up that petition.
What Shusterman is saying is that file the I-140 today and get receipt notice (number) and then based on the priority dates being current only till today you will be able to file the I-485 before Aug 17th.
Does this help clear your doubts! Do I qualify as the "expert" that you are looking for? :D Send me a pM if you have questions.
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mwin
08-30 10:00 AM
Your wife will have to wait till your PD becomes current. Then only she is eligible to apply for green card.
Hi,
I applied I-485,EAD,Advance Parole on July 20,2007 but i have not yet received any receipt number as of now.
During that time I could not able to apply for my wife. She will be coming to USA on H4 visa in the mid of October.
what are the possibilities to include her in my greencard process?
Please educate me on this situation to take care of my wife's greencard process with my GC process and also please share your experiances if some one has similar kind of situation.
My Case Details
Labour Filed (Perm)--------------------------> Jan-2006
Labour Approved -----------------------------> April-2006
I-140 Filed -----------------------------------> Aug-2006
I-140 Approved --------------------------------> November 2006
I-485 applied only for myself --------------> July 20,2007
First entry into USA------------------------>January 2000
H1 valid till ------------------------------>January 2010(with 3 years extension from 2007 to 2010)
Thanks
-Kishore
Hi,
I applied I-485,EAD,Advance Parole on July 20,2007 but i have not yet received any receipt number as of now.
During that time I could not able to apply for my wife. She will be coming to USA on H4 visa in the mid of October.
what are the possibilities to include her in my greencard process?
Please educate me on this situation to take care of my wife's greencard process with my GC process and also please share your experiances if some one has similar kind of situation.
My Case Details
Labour Filed (Perm)--------------------------> Jan-2006
Labour Approved -----------------------------> April-2006
I-140 Filed -----------------------------------> Aug-2006
I-140 Approved --------------------------------> November 2006
I-485 applied only for myself --------------> July 20,2007
First entry into USA------------------------>January 2000
H1 valid till ------------------------------>January 2010(with 3 years extension from 2007 to 2010)
Thanks
-Kishore
more...
Leo07
01-18 12:29 PM
I rarely post/quote other forum threads here...this is an exception. I think it's a good post/comment from miceelf ( msg 34) on Ron's site:
Please forgive me if it's offending to anyone:
February Visa Bulletin (http://www.immigration-information.com/forums/visa-quota-and-cutoff-date-issues-66/february-visa-bulletin-13129/index4.html#post54691)
Please forgive me if it's offending to anyone:
February Visa Bulletin (http://www.immigration-information.com/forums/visa-quota-and-cutoff-date-issues-66/february-visa-bulletin-13129/index4.html#post54691)
uma001
04-26 10:16 AM
I have a query related to entitlement of salary and back wages. I was laid off by a big MNC software company based in Texas in Oct 2009 . Just in span of 1 week , i was offered a position by desi consulting company starting November 1 . They started my H1 transfer process stating starting date as November 1 on LCA petition . I was told to wait until H1 receipt comes and client gives green signal to start the project.
Even after getting the receipt on 30th November , i was never sent on project neither paid .
I waited till 31st December and left the country on 1st Jan 2010.
What are my rights ? Am i entitled to get the back wages as stated on LCA petition because i was never paid by employer till date ?
What is the duration period i could get the salary ?
Please let me know the process to get my pending salary if i am entitled to get any
Are you trying to come back. Why didnt you try to get back the salary when you were in US?
Even after getting the receipt on 30th November , i was never sent on project neither paid .
I waited till 31st December and left the country on 1st Jan 2010.
What are my rights ? Am i entitled to get the back wages as stated on LCA petition because i was never paid by employer till date ?
What is the duration period i could get the salary ?
Please let me know the process to get my pending salary if i am entitled to get any
Are you trying to come back. Why didnt you try to get back the salary when you were in US?
more...
Springflower
12-22 02:16 PM
Hi,
I got 2 year EAD from NSC in August 2008.
Wanted to apply for Advance Parole (second time).
Is NSC issuing 2 year AP's ?
Wondering if any body got Advance Parole for 2 years from NSC.
Also, I appreciate if any one can share their experince about INFOPASS to get Advance Parole in case of emergency
(if one did not apply for AP & need to travel urgently).
Thenk you for your help!
I got 2 year EAD from NSC in August 2008.
Wanted to apply for Advance Parole (second time).
Is NSC issuing 2 year AP's ?
Wondering if any body got Advance Parole for 2 years from NSC.
Also, I appreciate if any one can share their experince about INFOPASS to get Advance Parole in case of emergency
(if one did not apply for AP & need to travel urgently).
Thenk you for your help!
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Dhundhun
07-21 09:32 PM
A quick question for all you experts out there
My wife is on H4 right now and I am on H1, though we got our EAD last year, but I am still using my H1 and not used my EAD yet, So is it possible to apply for Social Security for my wife, will applying for Social Security Number, considered as using EAD and H1 becomes void.
Use of EAD to get SSN is OK. Don't use EAD for work.
My wife is on H4 right now and I am on H1, though we got our EAD last year, but I am still using my H1 and not used my EAD yet, So is it possible to apply for Social Security for my wife, will applying for Social Security Number, considered as using EAD and H1 becomes void.
Use of EAD to get SSN is OK. Don't use EAD for work.
more...
kode
10-23 07:20 PM
love the idea!
I have a few files that I never used.. maybe someone would like them.
I have a few files that I never used.. maybe someone would like them.
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deecha
03-17 08:53 PM
As long as you're unmarried at the time of adjudication of the petition, you should be ok. This is not legal advice. Please consult a lawyer.
HI,
My aunt petioned for my mom (and thus her kids) years ago, My aunt's a Us citizen, and after many years the process has started its final run. For the last two years i was an F1 student in a college in the usa and recently ive come back home; while i was there i married randomly anyway, nothing happened it wasnt a real marriage, and im getting it annuled.
So now im back home and since this process (my aunts petition) has started , im 21 but im covered aswell since the child status protection act covers me. Now, the requirements for the children (derivative beneficiaries) of the aplicant/beneficiary (my mom) to be included are to be under.. 21 (im ok in this part because of CSPA) and UNMARRIED. My question is,,, am i still gonna be included if i show my annulment certificate? as i see it the annulment itself shows that an american court declared that marriage to be voidable and not real so it should make me unmarried.right? would it also be unmarried for immigration purposes if it was divorce instead of annulment? i'd appreciate any feedback, thank you.
.
HI,
My aunt petioned for my mom (and thus her kids) years ago, My aunt's a Us citizen, and after many years the process has started its final run. For the last two years i was an F1 student in a college in the usa and recently ive come back home; while i was there i married randomly anyway, nothing happened it wasnt a real marriage, and im getting it annuled.
So now im back home and since this process (my aunts petition) has started , im 21 but im covered aswell since the child status protection act covers me. Now, the requirements for the children (derivative beneficiaries) of the aplicant/beneficiary (my mom) to be included are to be under.. 21 (im ok in this part because of CSPA) and UNMARRIED. My question is,,, am i still gonna be included if i show my annulment certificate? as i see it the annulment itself shows that an american court declared that marriage to be voidable and not real so it should make me unmarried.right? would it also be unmarried for immigration purposes if it was divorce instead of annulment? i'd appreciate any feedback, thank you.
.
more...
LongJourny
01-23 06:20 PM
If I am not wrong, you must be paid by your consultant. So, those missing days should be a working days as per your consultant is concerned. I work on site too. when there is holidays that my consultant doesn't approve, Consultant pay for those missing days. I am not sure how your consultant is going to utilize you for those missing days. Talk to your consultant, they should be able to help you. Good luck
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dilbert_cal
03-09 05:51 PM
Answer Embedded
Need your help..
Post MBA (since Jun'06), I am working with a new employer. My previous employer (bachelor degree), filed for my labor in Nov'04 and I left this company in Jun'06; howevr employer didn't withdrew my labor application. My labor with previous employer was approved in Feb'07. I have good relation with my previous employer and they are ready to file my I-140; I have few questions regarding this:
Can my previous employer file I-140, even if I am not working with them?
YES
If I-140 is approved, would I able to transfer the PD to my new employer, when he initiates my labor application.
YES, you would need a copy of the I-140 and since you have good relations, it should not be an issue
Once I transfer my PD, can my previous employer use this approved LC for other candidate?
This is a grey area. Not sure but I believe post-April, approved LC would have a validity of 45 days or so - so it may not be reusable. From your point of view, I'm not sure if the LC does get reused, does it impact your PD or not - my take is it doesnt but I'm not a lawyer.
Based on my new qualifications (MBA), my job description has changed totally compared to my previous job.
Thanks in advance..
Need your help..
Post MBA (since Jun'06), I am working with a new employer. My previous employer (bachelor degree), filed for my labor in Nov'04 and I left this company in Jun'06; howevr employer didn't withdrew my labor application. My labor with previous employer was approved in Feb'07. I have good relation with my previous employer and they are ready to file my I-140; I have few questions regarding this:
Can my previous employer file I-140, even if I am not working with them?
YES
If I-140 is approved, would I able to transfer the PD to my new employer, when he initiates my labor application.
YES, you would need a copy of the I-140 and since you have good relations, it should not be an issue
Once I transfer my PD, can my previous employer use this approved LC for other candidate?
This is a grey area. Not sure but I believe post-April, approved LC would have a validity of 45 days or so - so it may not be reusable. From your point of view, I'm not sure if the LC does get reused, does it impact your PD or not - my take is it doesnt but I'm not a lawyer.
Based on my new qualifications (MBA), my job description has changed totally compared to my previous job.
Thanks in advance..
more...
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NANO3
11-10 09:56 PM
i don't see any stamps :stare:
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casinoroyale
07-01 11:39 AM
Is PD porting allowed without ever working for the future employer who got I-140 approved? Is this still possible if the future employer revokes the I-140 because employee does not intend to join them?
more...
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Blog Feeds
05-30 12:30 PM
Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:
An earlier blog post "Silicon Valley Employers Need to Prepare for Surprise USCIS Visits" (http://www.siliconvalleyimmigrationlawyer.com/2009/10/silicon-valley-employers-need.html#more) described the "new normal" of USCIS employees or contractors showing up unexpectedly and inquiring about past visa petitions and foreign national workers. A recently held Department of Homeland Security program, titled, "2009 Government and Employers: Working Together to Ensure a Legal Workforce" sheds more light onto the types of visits being conducted.
Ronald Atkinson, Chief of Staff of USCIS' Fraud Detection and National Security (FDNS) (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0353f8e5492ec110VgnVCM1000004718190aRCR D&vgnextchannel=2af29c7755cb9010VgnVCM10000045f3d6a1 RCRD) office, explained the three types of site visits that are currently being conducted:
Risk Assessment Program fraud study. Applicable to any type of benefit program, including family and employment-based visas, this study is part of a joint program between USCIS and ICE (Immigration Customs and Enforcement). Applications and petitions are chosen at random, usually on a post-approval basis, for visits to help in designing profiles of potential fraud.
Targeted site visits. These visits take place where fraud is suspected, and consist of a visit to ask questions. Advance notice, including notice to counsel, is supposed to be provided.
Administrative site visits. These relate to religious worker and H-1B petitions (http://www.geelaw.com/lawyer-attorney-1054805.html). They generally are conducted by contractors who know nothing of immigration law. Religious worker visits are performed under the regulations for that category. For H-1B site visits, the contractors have been equipped with a set of specific questions, and all employers/beneficiaries should be asked pretty much the same questions, primarily reaching the issues of whether there's really an employer there, whether the employer knows it filed the petition, and whether the beneficiary is doing the work and receiving the wage indicated on the petition. H-1B visits are done on a post-adjudication basis, and are randomly selected. Each employer should receive only one such visit, but may receive different visits for different sites.
More... (http://www.siliconvalleyimmigrationlawyer.com/2009/11/why-uscis-might-be-at-your-doo.html)
An earlier blog post "Silicon Valley Employers Need to Prepare for Surprise USCIS Visits" (http://www.siliconvalleyimmigrationlawyer.com/2009/10/silicon-valley-employers-need.html#more) described the "new normal" of USCIS employees or contractors showing up unexpectedly and inquiring about past visa petitions and foreign national workers. A recently held Department of Homeland Security program, titled, "2009 Government and Employers: Working Together to Ensure a Legal Workforce" sheds more light onto the types of visits being conducted.
Ronald Atkinson, Chief of Staff of USCIS' Fraud Detection and National Security (FDNS) (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0353f8e5492ec110VgnVCM1000004718190aRCR D&vgnextchannel=2af29c7755cb9010VgnVCM10000045f3d6a1 RCRD) office, explained the three types of site visits that are currently being conducted:
Risk Assessment Program fraud study. Applicable to any type of benefit program, including family and employment-based visas, this study is part of a joint program between USCIS and ICE (Immigration Customs and Enforcement). Applications and petitions are chosen at random, usually on a post-approval basis, for visits to help in designing profiles of potential fraud.
Targeted site visits. These visits take place where fraud is suspected, and consist of a visit to ask questions. Advance notice, including notice to counsel, is supposed to be provided.
Administrative site visits. These relate to religious worker and H-1B petitions (http://www.geelaw.com/lawyer-attorney-1054805.html). They generally are conducted by contractors who know nothing of immigration law. Religious worker visits are performed under the regulations for that category. For H-1B site visits, the contractors have been equipped with a set of specific questions, and all employers/beneficiaries should be asked pretty much the same questions, primarily reaching the issues of whether there's really an employer there, whether the employer knows it filed the petition, and whether the beneficiary is doing the work and receiving the wage indicated on the petition. H-1B visits are done on a post-adjudication basis, and are randomly selected. Each employer should receive only one such visit, but may receive different visits for different sites.
More... (http://www.siliconvalleyimmigrationlawyer.com/2009/11/why-uscis-might-be-at-your-doo.html)
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reddog
07-29 12:28 PM
You have to choose the option - Re-issue of passport.
Fresh Passport is in case your passport expired 6 months back or more.
Fill the form, print it, fill the rest of the applicable details in ink and send it.
As you are already sending your old passport along, it is not that big of a deal.
Fresh Passport is in case your passport expired 6 months back or more.
Fill the form, print it, fill the rest of the applicable details in ink and send it.
As you are already sending your old passport along, it is not that big of a deal.
more...
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smohan
07-15 03:04 AM
Presently I am on H1B visa status, valid till March 2009. My PD is of June 2005 and I-140 was done in 2005 also, presently trapped in retrogression.
I have a great offer from a big oil company. After my possible joining to them with H1B transfer, they are willing to start my labor also. In such a case, I want my new labor to be filed ASAP, as my son will be 21 years old in march 2008.
In a case I join this new company in middle of August, when do you think my labor could be filed....I heard there is some two months advertising involved before filing in PERM.
Thanks for your time guys.
I have a great offer from a big oil company. After my possible joining to them with H1B transfer, they are willing to start my labor also. In such a case, I want my new labor to be filed ASAP, as my son will be 21 years old in march 2008.
In a case I join this new company in middle of August, when do you think my labor could be filed....I heard there is some two months advertising involved before filing in PERM.
Thanks for your time guys.
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dave25
01-24 02:32 AM
Hi,
This is my case:
1. Came to States on H1B in Jan 2005 thru company A. Worked with company A till July 2005
2. Successfully transferred H1B to company B. Started working with them from July 2005. New I 797 was valid till July 2008. Filed for H1b Ext with company B in Feb 2008.
3. Came to visit India in May 2008 and also to stamp the H1b which was valid till July 2008 thru company B. Got RFE in Indian consulate in Bombay on June 2008 so couldnt travelled back to States.
4. RFE got cleared in Aug 2008 and by that time my H1B expired. Company B received an RFE on H1B extension. They said they cant reply for some reasons and they withdrew the application.
5. In Dec 2008, I filed for H1b extension from company C. Got an RFE to prove the legal status on H1B ext.
Please suggest, what are the chances of getting an approval. I know its little trickier but a straight forward case.
Regards
This is my case:
1. Came to States on H1B in Jan 2005 thru company A. Worked with company A till July 2005
2. Successfully transferred H1B to company B. Started working with them from July 2005. New I 797 was valid till July 2008. Filed for H1b Ext with company B in Feb 2008.
3. Came to visit India in May 2008 and also to stamp the H1b which was valid till July 2008 thru company B. Got RFE in Indian consulate in Bombay on June 2008 so couldnt travelled back to States.
4. RFE got cleared in Aug 2008 and by that time my H1B expired. Company B received an RFE on H1B extension. They said they cant reply for some reasons and they withdrew the application.
5. In Dec 2008, I filed for H1b extension from company C. Got an RFE to prove the legal status on H1B ext.
Please suggest, what are the chances of getting an approval. I know its little trickier but a straight forward case.
Regards
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Devils_Advocate
04-09 06:30 PM
White House spokesman Robert Gibbs in the briefing just reiterated Shapiro's laments: �That story could have been written a year ago based off of what he's said on the campaign trail� I don't think [Obama] thinks it could be done this year.�
http://swampland.blogs.time.com/2009/04/09/white-house-walking-softly-on-immigration/
http://swampland.blogs.time.com/2009/04/09/white-house-walking-softly-on-immigration/
masti_Gai
10-27 10:46 AM
Last i read was that the NON-RIR labors were being processed first compared to the RIR ones. So think twice before u take any decision.
adhantari
06-16 03:26 PM
6 to 1...... maybe L1 guys don't visit this forum since they already got thier GCs....:rolleyes:
H1 loosers still hanging here.....
H1 loosers still hanging here.....
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