dc2007
06-29 05:07 PM
Hi,
I have approved labor (filed Apr 2004 and cleared Jan 2007) in EB2 category. But it was filed wrongly in EB2 as somehow it got cleared. But now I got RFE on I-140 and there is a verly bleak chance of getting it cleared.
In the meantime I am thinking to file a new labor by PERM (from same employer). I have few questions regarding this:
1. Can I file new labor in PERM without affecting my current labor and I-140 ?
2. Do I have to mention in my new labor about my old labor and I-140 ?
3. Can I use different experience letters in new labor as my old labor is in jeopardy because of experience letters only.
Thanks
DC
I have approved labor (filed Apr 2004 and cleared Jan 2007) in EB2 category. But it was filed wrongly in EB2 as somehow it got cleared. But now I got RFE on I-140 and there is a verly bleak chance of getting it cleared.
In the meantime I am thinking to file a new labor by PERM (from same employer). I have few questions regarding this:
1. Can I file new labor in PERM without affecting my current labor and I-140 ?
2. Do I have to mention in my new labor about my old labor and I-140 ?
3. Can I use different experience letters in new labor as my old labor is in jeopardy because of experience letters only.
Thanks
DC
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mhtanim
09-10 03:01 PM
My understanding is that once you I-485 gets approved, the H4 gets invalided. She needs an AP to return.
I have read at many forums that at the POE, the officer may not be able to see if the H4 has been invalided or not and may allow her to get in with H4. But if that happens, I think she will be in big trouble . As you know, it's always our responsibility to maintain status and act accordingly. This is why most of the lawyers suggest to carry AP.
I have read at many forums that at the POE, the officer may not be able to see if the H4 has been invalided or not and may allow her to get in with H4. But if that happens, I think she will be in big trouble . As you know, it's always our responsibility to maintain status and act accordingly. This is why most of the lawyers suggest to carry AP.
smuggymba
10-08 01:10 PM
If u transfer within 30 days of getting ur new H1, u probably don't need paystubs. You can initiate the trasfer (premium) and wait for the approval and then quit from the current company. That way u'll be safe.
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qasleuth
04-13 11:26 PM
If calling the national customer service center is of no help then I am not sure what else you can do, other than being there on Friday.
When I googled for the location, I found two different webpages. Surprisingly, 'Application Support Center (ASC)' seems to be open on Fridays (first link) but the 'local office' is closed. ASC is in room 154 in the same building it seems. Go figure !
https://egov.uscis.gov/crisgwi/go?action=offices.detail&office=XCH&OfficeLocator.office_type=ASC&OfficeLocator.statecode=WI
https://egov.uscis.gov/crisgwi/go?action=offices.detail&office=MIL&OfficeLocator.office_type=LO&OfficeLocator.statecode=WI
When I googled for the location, I found two different webpages. Surprisingly, 'Application Support Center (ASC)' seems to be open on Fridays (first link) but the 'local office' is closed. ASC is in room 154 in the same building it seems. Go figure !
https://egov.uscis.gov/crisgwi/go?action=offices.detail&office=XCH&OfficeLocator.office_type=ASC&OfficeLocator.statecode=WI
https://egov.uscis.gov/crisgwi/go?action=offices.detail&office=MIL&OfficeLocator.office_type=LO&OfficeLocator.statecode=WI
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Munna Bhai
01-25 08:21 AM
NOPE:(
min GC required:eek:
Is it possible that someone else will sign an NDA and you work on small modules at the background !!
min GC required:eek:
Is it possible that someone else will sign an NDA and you work on small modules at the background !!
jasmine182
07-04 02:21 AM
Hello,
I wonder if there is anybody who could help me with my questions about the diversity visa in US.
I was among the randomly selected people for DV 2009. Currently I am in US with F-1 visa. I learned that I am eligible for Adjustment of Status. Do you think it is reasonable to process my files in US or should I go back to my country?
What kind of documents should I fill in? Also I need to pay the filing fees (for I-485 $930 for example). Are there any other costs? I also read that there is a medical examination report, how much could it cost to me?
So after reviewing everything what will be the best decision for me? I asked an attorney but he didn't have enough of experience to help me, and I can not afford one more attorney.
I will be thankful if somebody could enlighten me on these.
Thank you very much.
I wonder if there is anybody who could help me with my questions about the diversity visa in US.
I was among the randomly selected people for DV 2009. Currently I am in US with F-1 visa. I learned that I am eligible for Adjustment of Status. Do you think it is reasonable to process my files in US or should I go back to my country?
What kind of documents should I fill in? Also I need to pay the filing fees (for I-485 $930 for example). Are there any other costs? I also read that there is a medical examination report, how much could it cost to me?
So after reviewing everything what will be the best decision for me? I asked an attorney but he didn't have enough of experience to help me, and I can not afford one more attorney.
I will be thankful if somebody could enlighten me on these.
Thank you very much.
more...
augustus
07-09 04:07 PM
Dear fellow IV members,
I was just referring to my first application for EAD filed by my lawyer (july filer)
For Q#12 - Date of last entry into the US - my lawyer had entered (05/10/2007) - the H1-B approval date in date of last entry in to US - is this because of the new I-94 attached to H1-B approval notice?
But the I-94 in the passport shows my actual physical entry into US after my last visit outside the country - 08/10/2006.
I have not traveled outside the country after renewing my H1-B.
Which date did you guys put - the actual date of physical entry or the I-94 start date after renewal of H1-B?
Thank you!!!
I was just referring to my first application for EAD filed by my lawyer (july filer)
For Q#12 - Date of last entry into the US - my lawyer had entered (05/10/2007) - the H1-B approval date in date of last entry in to US - is this because of the new I-94 attached to H1-B approval notice?
But the I-94 in the passport shows my actual physical entry into US after my last visit outside the country - 08/10/2006.
I have not traveled outside the country after renewing my H1-B.
Which date did you guys put - the actual date of physical entry or the I-94 start date after renewal of H1-B?
Thank you!!!
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ameryki
04-08 04:14 PM
yep EAD is linked to your 485 application and not your employer. especially after 180 days of 485 filing a lot people consider themselves free to jump the boat with very little to no issues.
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seahawks
07-07 09:45 PM
My H1-B is expiring in December 2007. I have approved I-140 now and am hoping to get 3 year H1-B extension based on my approved I-140. Do you think I can get 3 year extension even if the visa numbers for filing AOS is current? Does AC21 apply to this case? Please suggest.
well if it is current you wont get it for 3 years, however I know AOS is unavailable, you if you apply before OCT you should be fine. once visa bulletin for OCT come out if you become current then if you file for 3 year, you will only get for 1 year
well if it is current you wont get it for 3 years, however I know AOS is unavailable, you if you apply before OCT you should be fine. once visa bulletin for OCT come out if you become current then if you file for 3 year, you will only get for 1 year
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trump_gc
06-28 10:28 AM
Thats fine. What you have is much better than what most of us have. Just get an affidavit from her parents or relatives, stating the correct full name etc. That will do it. But do get an affidavit, if u want to avoid RFE later on!
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girishc
06-16 10:28 PM
I thought I would post on how I resolved my expired I-94 issue today. Could be of help to someone.
I have an I797 and corresponding H1-B visa valid until March 31st 2011.
When I last came into the US on Dec 31st 2009, the immigration officer stamped the I-94 valid until date as March 30th 2010. Essentially giving me only three months of stay.
I did not notice the problem (coming in after a long flight and being jet lagged didn't help) until yesterday when my attorney was going through my documents for some other purpose. As of yesterday I had been out of status for over 3months.
We called the CBP office at Pittsburgh Airport (where i reside) and explained the situation to them. They asked my visa validity date and passport validity date on the phone. After which I was asked to go the the CBP office and get it corrected.
Today morning I headed over there and was met with the most friendly immigration officers I have ever met. Pittsburgh rocks in that. When he heard my case, he asked me if I had presented my latest I-797 to the officer at the time of stamping. When I replied yes, he said it did not make sense why the officer stamped the date he did. He asked to see my passport and I-797 and in 10 minutes told me he would be issuing me a new I-94 with the correct stamped date as March 31st 2011.
Afterwards he mentioned that it was expired and I was lucky because some other officer could have asked me to do a reinstatement (something that apparently costs a lot of money and a lot more trouble according to him)
In my case it was a genuine mistake on the immigration officer's part, since all my documents at the time of the samping indicated a later date. IMO that was the critical factor.
However, as he advised, please be extra sure before you step away from the counter at port of entry, that all your stamps are correct.
Good luck for anyone facing this problem, if you have the valid documents the officers are most probably going to correct the mistake and not give you a hard time about it.:)
I have an I797 and corresponding H1-B visa valid until March 31st 2011.
When I last came into the US on Dec 31st 2009, the immigration officer stamped the I-94 valid until date as March 30th 2010. Essentially giving me only three months of stay.
I did not notice the problem (coming in after a long flight and being jet lagged didn't help) until yesterday when my attorney was going through my documents for some other purpose. As of yesterday I had been out of status for over 3months.
We called the CBP office at Pittsburgh Airport (where i reside) and explained the situation to them. They asked my visa validity date and passport validity date on the phone. After which I was asked to go the the CBP office and get it corrected.
Today morning I headed over there and was met with the most friendly immigration officers I have ever met. Pittsburgh rocks in that. When he heard my case, he asked me if I had presented my latest I-797 to the officer at the time of stamping. When I replied yes, he said it did not make sense why the officer stamped the date he did. He asked to see my passport and I-797 and in 10 minutes told me he would be issuing me a new I-94 with the correct stamped date as March 31st 2011.
Afterwards he mentioned that it was expired and I was lucky because some other officer could have asked me to do a reinstatement (something that apparently costs a lot of money and a lot more trouble according to him)
In my case it was a genuine mistake on the immigration officer's part, since all my documents at the time of the samping indicated a later date. IMO that was the critical factor.
However, as he advised, please be extra sure before you step away from the counter at port of entry, that all your stamps are correct.
Good luck for anyone facing this problem, if you have the valid documents the officers are most probably going to correct the mistake and not give you a hard time about it.:)
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abhijitp
07-04 02:06 AM
Good one!
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kcindian
09-18 07:18 PM
Gurus,
Have you heard of eVerify? Anybody can explain what it is?
My H1 expired 6 months ago and my current EAD expires October 20th. I filed for renewal application on July01 and am a little concerned that I will not get my new one within the 90 day window.
I called USCIS and a Customer Service rep mentioned that I do not need an EAD to legally work as long as I am on AOS.
She also mentioned that as long as I have a valid Driver's License and a valid Social Security Number, I am fine and that I do not need a EAD.
Is this true? Has anyone else heard about / used this policy?
Your response is much appreciated.
Thank You.
Have you heard of eVerify? Anybody can explain what it is?
My H1 expired 6 months ago and my current EAD expires October 20th. I filed for renewal application on July01 and am a little concerned that I will not get my new one within the 90 day window.
I called USCIS and a Customer Service rep mentioned that I do not need an EAD to legally work as long as I am on AOS.
She also mentioned that as long as I have a valid Driver's License and a valid Social Security Number, I am fine and that I do not need a EAD.
Is this true? Has anyone else heard about / used this policy?
Your response is much appreciated.
Thank You.
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sushant_s
08-26 10:12 AM
Some additional information. My wife's first semester will be Fall semester as H4 and spring as F1. She will graduate by the end of spring- i.e. May 2009.
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Rayner
11-23 06:59 AM
A thousand a year is a trickle. My friend has moved to California on an EB5, and found it very easy. For the average Brit with property in the UK the 500,000 Dollar investment is not too onerous. In fact it's probably the easiest way in.
See my friends experince at EB5i (http://www.eb5i.com)
Rayner
See my friends experince at EB5i (http://www.eb5i.com)
Rayner
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mrajatish
06-25 05:12 PM
Sounds correct - for labor sub, you need qualification as of labor filing.
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Canadian_Dream
07-25 02:12 AM
http://www.murthy.com/nflash/nf_051607.html
The regulation bans improper commerce and payment for labor certifications. It bans the sale, barter, or purchase of labor certifications. Employers cannot seek or receive payment of any kind for activity related to the labor certification. This includes payment of the employer's attorney fees and costs. Individuals can pay for their own legal fees for separate representation, but the labor certification is regarded as the employer's cost. If there is dual representation, the employer must pay the attorney fees and related costs. This applies only to the labor certification stage.
Applied I-140 and I-485 in EB3 this month. New employer might agree to apply in EB2 category. Assuming I have to pay all costs for EB2 PERM processing, what's the average cost in Manhattan area?
The regulation bans improper commerce and payment for labor certifications. It bans the sale, barter, or purchase of labor certifications. Employers cannot seek or receive payment of any kind for activity related to the labor certification. This includes payment of the employer's attorney fees and costs. Individuals can pay for their own legal fees for separate representation, but the labor certification is regarded as the employer's cost. If there is dual representation, the employer must pay the attorney fees and related costs. This applies only to the labor certification stage.
Applied I-140 and I-485 in EB3 this month. New employer might agree to apply in EB2 category. Assuming I have to pay all costs for EB2 PERM processing, what's the average cost in Manhattan area?
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kaisersose
03-18 12:50 PM
I think my employer is not willing to sponsor the process due to some reasons.
Is there any other way of processing the Green card.Can i initiate it myself along with a lawyer
The only way you can make use of the fast track option available for L-1A visas is through your L employer. There is no other way.
One other option is to get a H-1b through a different employer who is also willing to sponsor a GC.
A sleazy option is to find one of those green card shops who will sponsor your GC for future employment in exchange for a fee. You can continue with your current L employer and your GC will continue through Mr Sleaze. Obviously this is abusing the system, but you would be surprised to know how many are doing it.
Note that both these options are not fast track. You will have to go through the full process and wait time.
Is there any other way of processing the Green card.Can i initiate it myself along with a lawyer
The only way you can make use of the fast track option available for L-1A visas is through your L employer. There is no other way.
One other option is to get a H-1b through a different employer who is also willing to sponsor a GC.
A sleazy option is to find one of those green card shops who will sponsor your GC for future employment in exchange for a fee. You can continue with your current L employer and your GC will continue through Mr Sleaze. Obviously this is abusing the system, but you would be surprised to know how many are doing it.
Note that both these options are not fast track. You will have to go through the full process and wait time.
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go_guy123
01-26 10:51 AM
01/25/2011
Article by Frank Aquila of Bloomberg BusinessWeek who underscores several reasons why lifting the cap on H-1B petitions is essential for US Tech growth including the fact that "The U.S. Labor Dept. estimates that by 2014, 2 million high-tech jobs will go unfilled simply because the cap on H-1B visas has not been raised."
Read Article (http://www.businessweek.com/investor/content/jan2011/pi20110118_876603.htm)
More... (http://ashwinsharma.com/2011/01/25/bloomberg-businessweek-article---h-1b-visas-a-modest-proposal-for-immigration-reform.aspx?ref=rss)
As usual the author is out of touch and ignorant about reality and is simply doing a quick copy and rehash existing articles on the internet.
Talks of nothing about GC wait etc. Utterly useless article.
Article by Frank Aquila of Bloomberg BusinessWeek who underscores several reasons why lifting the cap on H-1B petitions is essential for US Tech growth including the fact that "The U.S. Labor Dept. estimates that by 2014, 2 million high-tech jobs will go unfilled simply because the cap on H-1B visas has not been raised."
Read Article (http://www.businessweek.com/investor/content/jan2011/pi20110118_876603.htm)
More... (http://ashwinsharma.com/2011/01/25/bloomberg-businessweek-article---h-1b-visas-a-modest-proposal-for-immigration-reform.aspx?ref=rss)
As usual the author is out of touch and ignorant about reality and is simply doing a quick copy and rehash existing articles on the internet.
Talks of nothing about GC wait etc. Utterly useless article.
msadiqali
08-25 05:42 PM
i was able to get hold of them. they told me to call back on 12th working day if i dont get back any response within the next 11 days for my case.
bauchermark
08-19 12:53 AM
I was married in India as per Muslim law and currently both of us hold US citizenship. At the time of marriage we both were indian citizens. What kind of rights do my wife has on my property in India on our divorce (I bought these properties after my marriage and it is all registered under my name) ? In US, both husband and wife would share any property that we aquired after the marriage. Does the same true in India?
Thanks for your help. I pray no one should go thru these type of issues in thier life.
Thanks for your help. I pray no one should go thru these type of issues in thier life.
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