greensignal
01-04 02:17 AM
I have a curious situation. I have filed EB3-485 as a secondary applicant to my wife. I am currently in a job where I can't file a green card ( this is my 5th year of H1b). My understanding is one can't have a seventh year extension for H1b unless his I-140 is approved.
Should I consider changing the job and filing another GC by myself. I know I can continue renewing EAD but I still want to keep my H1b
Thanks
Just apply for labor and once the labor is approved apply for I140 (Apply in premium if USCIS starts accepting premium by the time your labor is approved). If premium is not started by the time your labor is approved then apply I140 in regular and wait for premium to start. you can change your I140 Application to premium even though you filed it in regular processing originally.
Who knows you might get the I140 approval in regular processing also before your 6 years is complete.
just do what you can
Should I consider changing the job and filing another GC by myself. I know I can continue renewing EAD but I still want to keep my H1b
Thanks
Just apply for labor and once the labor is approved apply for I140 (Apply in premium if USCIS starts accepting premium by the time your labor is approved). If premium is not started by the time your labor is approved then apply I140 in regular and wait for premium to start. you can change your I140 Application to premium even though you filed it in regular processing originally.
Who knows you might get the I140 approval in regular processing also before your 6 years is complete.
just do what you can
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IneedAllGreen
04-24 02:39 AM
If yes then you should be fine but with or without original 797 and no stamping in passport it will be difficult to get into USA. Unless you have AP to get back into USA. Hope this help. Good luck for your travel tomorrow.
Hi,
I just checked all immigration documents and found that original I797 (H1b approval) is missing. I have a copy but not original. We are travelling to India tomorrow. Is it must that we need to have original I797 at POE or is a copy ok. Appreciate if you could please let us know about this as soon as possible.
Thank you so much.
Hi,
I just checked all immigration documents and found that original I797 (H1b approval) is missing. I have a copy but not original. We are travelling to India tomorrow. Is it must that we need to have original I797 at POE or is a copy ok. Appreciate if you could please let us know about this as soon as possible.
Thank you so much.
dngoyal
11-03 03:58 PM
I was looking at status of my EAD I applied on 15th October'2008 online at TSC.Status shows that my card has been ordered for production on 31st October.I received letter for Biometric appointment on 5th November. I went to ASC on Saturday( 11/1/2008) and had my fingerprinting done.
How can they order the card on 31st october when my biometrics were done by that date and my appointment was set for 5th Nov 2008 ? Anybody faced the same situation? I had gone for finger printing for I-485 this January.
How can they order the card on 31st october when my biometrics were done by that date and my appointment was set for 5th Nov 2008 ? Anybody faced the same situation? I had gone for finger printing for I-485 this January.
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Appu
09-16 12:38 PM
There's a very good post here:
http://www.dailykos.com/story/2006/8/29/1091/84205
Everyone on this forum should go read it and comment on it.
http://www.dailykos.com/story/2006/8/29/1091/84205
Everyone on this forum should go read it and comment on it.
more...
ramus
05-14 08:30 AM
How much money would anybody able to spend for this kind of law-suit?
EB3_SEP04
08-18 10:29 PM
how we applied for expedite advance parole thru the phone - VisaJourney.com (http://www.visajourney.com/forums/index.php?showtopic=177190)
I used these instructions to expedite my wife's AP based on "medical emergency". USCIS did not send me letter asking for evidence of emergency, instead just approved the case the next day. I had taken infopass appt but cancelled it when i saw approval email. some people who went to infopass have been told that AP cannot be expedited at local office and must be done by phone.
File at : Texas Service Center
Method: Paper based
Filed on : 7/24/09
Received by USCIS : 7/27/09
Receipt notice date: 7/28/09
Called USCIS to expedite: 8/10/09
Approval email : 8/11/09
Received approved AP by mail : 8/14/09
-Basically have all info ready (ap receipt notice #, A#, 485 receipt notice #, SSN, date of birth, email address etc).
- If this is your wife's case, have her in the conference as USCIS will not talk to you without her permission.
-Call the ph # on the receipt notice and follow the prompts
-Let the CS rep complete his/her script, and politely answer his/her questions.
-Rep will enter service request in the system and give you a conf # (which i don't know how to use, status is checked by receipt #).
-Rep will say you will receive letter from USCIS within 5 business days, asking to fax/mail the evidence of emergency. be prepared to fax the evidence as soon as you receive letter OR EMAIL. yes they may send you email the second day which is actually better/faster.
*** You may or may not receive the letter from USCIS asking for evidence, in case you don't get one, you may simply receive approval.
Hope this helps anyone looking to expedite AP.
I used these instructions to expedite my wife's AP based on "medical emergency". USCIS did not send me letter asking for evidence of emergency, instead just approved the case the next day. I had taken infopass appt but cancelled it when i saw approval email. some people who went to infopass have been told that AP cannot be expedited at local office and must be done by phone.
File at : Texas Service Center
Method: Paper based
Filed on : 7/24/09
Received by USCIS : 7/27/09
Receipt notice date: 7/28/09
Called USCIS to expedite: 8/10/09
Approval email : 8/11/09
Received approved AP by mail : 8/14/09
-Basically have all info ready (ap receipt notice #, A#, 485 receipt notice #, SSN, date of birth, email address etc).
- If this is your wife's case, have her in the conference as USCIS will not talk to you without her permission.
-Call the ph # on the receipt notice and follow the prompts
-Let the CS rep complete his/her script, and politely answer his/her questions.
-Rep will enter service request in the system and give you a conf # (which i don't know how to use, status is checked by receipt #).
-Rep will say you will receive letter from USCIS within 5 business days, asking to fax/mail the evidence of emergency. be prepared to fax the evidence as soon as you receive letter OR EMAIL. yes they may send you email the second day which is actually better/faster.
*** You may or may not receive the letter from USCIS asking for evidence, in case you don't get one, you may simply receive approval.
Hope this helps anyone looking to expedite AP.
more...
Blog Feeds
03-31 12:40 PM
We are very busy these days trying to beat the H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) rush. While we fell that visas will not run out on April 1, 2010, clients are anxious to get their cases out the door. We promise to deliver.
Here are some tips that may help our last minute filers. The issue today is a degree that has not yet been awarded. In the past, the USCIS has approved H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html)for aliens seeking one of the 20,000 H-1B visas available to aliens who have earned master�s or higher degrees from U.S. institutions of higher education, where the alien has completed all requirements for the degree, and hence, has �earned� the degree, but the degree has not been conferred.
There is no reason to believe that USCIS will not continue that practice, so long as there is evidence that the alien has completed all requirements from an official at the educational institution qualified to provide that information. In the past, satisfactory evidence often was in the form of a letter from an official such as a Dean, Registrar, or department head, stating that all requirements have been satisfied and that the alien is simply waiting for the ceremonial conferral of the degree.
Be wary of letters prepared by unauthorized employees at the school stating that the student has completed all requirements toward a master�s degree, when in fact there are still examinations or papers to complete. USCIS is likely to question a letter that comes from a lower-level employee of the university. Be mindful also that use of such documentation when the student has not completed the program may be considered fraud. Also, use of such a document may result in the loss of the client�s chance at a slot in the U.S. master�s graduate quota since the petition likely would be denied on the basis of ineligibility at the time of filing.
More tips in later posts, good luck filing the H1's tomorrow.
More... (http://www.visalawyerblog.com/2010/03/h1b_visa_lawyer_last_minute_fi.html)
Here are some tips that may help our last minute filers. The issue today is a degree that has not yet been awarded. In the past, the USCIS has approved H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html)for aliens seeking one of the 20,000 H-1B visas available to aliens who have earned master�s or higher degrees from U.S. institutions of higher education, where the alien has completed all requirements for the degree, and hence, has �earned� the degree, but the degree has not been conferred.
There is no reason to believe that USCIS will not continue that practice, so long as there is evidence that the alien has completed all requirements from an official at the educational institution qualified to provide that information. In the past, satisfactory evidence often was in the form of a letter from an official such as a Dean, Registrar, or department head, stating that all requirements have been satisfied and that the alien is simply waiting for the ceremonial conferral of the degree.
Be wary of letters prepared by unauthorized employees at the school stating that the student has completed all requirements toward a master�s degree, when in fact there are still examinations or papers to complete. USCIS is likely to question a letter that comes from a lower-level employee of the university. Be mindful also that use of such documentation when the student has not completed the program may be considered fraud. Also, use of such a document may result in the loss of the client�s chance at a slot in the U.S. master�s graduate quota since the petition likely would be denied on the basis of ineligibility at the time of filing.
More tips in later posts, good luck filing the H1's tomorrow.
More... (http://www.visalawyerblog.com/2010/03/h1b_visa_lawyer_last_minute_fi.html)
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immi_enthu
01-12 02:04 AM
Hey here is a situation:
I have over 7 years of experience in IT
Come with a 4 year bachelor and 2 year masters from India from a non-computers background.
Have a diploma (1 year in computers)
few other computer certificate courses.
I work for Fortune's Best software company as sr. software qa engineer. My company wants to go ahead filing for my GC.
My company attorney says am not eligbile for EB2 based on the above but eligible for EB3. I am confused because I already have an EB2 being filed for future employment from a small company.
So I kind of guessing my company attorney's want to play safe to be on EB3 rather than EB2.
So what do u guys think that my company attorney is correct.
My understanding is that with the above qualifications, I am eligible for EB2.
Am I wrong????
Why EB2 ? Isn't EB3 doing better for India than EB2.
I have over 7 years of experience in IT
Come with a 4 year bachelor and 2 year masters from India from a non-computers background.
Have a diploma (1 year in computers)
few other computer certificate courses.
I work for Fortune's Best software company as sr. software qa engineer. My company wants to go ahead filing for my GC.
My company attorney says am not eligbile for EB2 based on the above but eligible for EB3. I am confused because I already have an EB2 being filed for future employment from a small company.
So I kind of guessing my company attorney's want to play safe to be on EB3 rather than EB2.
So what do u guys think that my company attorney is correct.
My understanding is that with the above qualifications, I am eligible for EB2.
Am I wrong????
Why EB2 ? Isn't EB3 doing better for India than EB2.
more...
skark
08-22 11:54 AM
Does anyone know if the PIO card needs to be renewed or a new PIO card has to be obtained when US passport is renewed?
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peer123
12-05 08:37 AM
I checked with my attorney, she there is possiblity of it getting approved but there is risk also.
In progressive experience I meet even the experience criteria if I include all my work experience prior to me passing the degree. could this work experience be used.
In progressive experience I meet even the experience criteria if I include all my work experience prior to me passing the degree. could this work experience be used.
more...
GCBy3000
04-30 10:32 AM
04/29/2007: Need for Networking of Immigrants to Support Immigration Reform Legislation
When it comes to the community organizing and support activities for the comprehensive immigration reform legislation, there are hundreds of organizations that organize, network, and mobilize the immigrants in support of the issues involving the difficult issues of legalization of illegal aliens. However, the same is not true with the employment-based immigration reform issues. The lobbying and organizing and support of these issues rely heavily on the employers, businesses, and academic institutions such as competeamerica. Without doubt, the employers should be the most effective and powerful groups to pressure the Congress, President, and other players in the political process.
However, it is time that the immigrants themselves also participate in a similar effort to share information, issues, and supporting activities. Obviously, the first move is to organize and build a network throuhout the nation and the world, and along with the networking, other support activities must be conducted and expanded. There are not too many immigrant groups that are focused on the employment-based immigration reform issues. Currently, a website of www.immigrationvoice.org is launching this campaign and attempting to organize and network in the employment-based immigrant communities. This reporter urges the foreign professional workers to visit and join this group to help an activities of side-kick from the standpoint of stakeholder foreign workers in support of the employers and their support groups. "Networking" will create a power in the political process.
When it comes to the community organizing and support activities for the comprehensive immigration reform legislation, there are hundreds of organizations that organize, network, and mobilize the immigrants in support of the issues involving the difficult issues of legalization of illegal aliens. However, the same is not true with the employment-based immigration reform issues. The lobbying and organizing and support of these issues rely heavily on the employers, businesses, and academic institutions such as competeamerica. Without doubt, the employers should be the most effective and powerful groups to pressure the Congress, President, and other players in the political process.
However, it is time that the immigrants themselves also participate in a similar effort to share information, issues, and supporting activities. Obviously, the first move is to organize and build a network throuhout the nation and the world, and along with the networking, other support activities must be conducted and expanded. There are not too many immigrant groups that are focused on the employment-based immigration reform issues. Currently, a website of www.immigrationvoice.org is launching this campaign and attempting to organize and network in the employment-based immigrant communities. This reporter urges the foreign professional workers to visit and join this group to help an activities of side-kick from the standpoint of stakeholder foreign workers in support of the employers and their support groups. "Networking" will create a power in the political process.
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itsokgc
07-18 01:17 PM
Hi guys,
I have the following clarification:
Earlier, I was working with Employer A and came to US after getting H1-B stamped.
Subsequently, my spouse has got her H4 visa stamped.
So, both of our visas are valid till 30th Sept 2007. My wife joined me in December 2005.
Then I changed my employer in April 2006, where I got my I-129 approved from Employer B.
In the meantime, my wife/spouse went to India in April 2006 & came back to US using old visa on July 15th 2006.
At port of Entry she got I-94 valid till 30th Sept 2007 (validity date of the old visa A)
I never got her I-94/H4 using the new I-129 from Employer B (Current Employer).
On July 3rd, I submitted my I-485 AOS for both of us.
I have the following question:
1. Is her I-94 still valid based on the old visa ?
2. Will there be any issues for not filing for H4 visa till now, even though I am planning to
apply right away as her I-94 is getting expired on 30th Sept 2007.
3. Is she out of Status as I left the old employer more than 180 days ago.
4. Will she have any issues as far as AOS is concerned.
Your valuable views will be highly appreciated.
I have the following clarification:
Earlier, I was working with Employer A and came to US after getting H1-B stamped.
Subsequently, my spouse has got her H4 visa stamped.
So, both of our visas are valid till 30th Sept 2007. My wife joined me in December 2005.
Then I changed my employer in April 2006, where I got my I-129 approved from Employer B.
In the meantime, my wife/spouse went to India in April 2006 & came back to US using old visa on July 15th 2006.
At port of Entry she got I-94 valid till 30th Sept 2007 (validity date of the old visa A)
I never got her I-94/H4 using the new I-129 from Employer B (Current Employer).
On July 3rd, I submitted my I-485 AOS for both of us.
I have the following question:
1. Is her I-94 still valid based on the old visa ?
2. Will there be any issues for not filing for H4 visa till now, even though I am planning to
apply right away as her I-94 is getting expired on 30th Sept 2007.
3. Is she out of Status as I left the old employer more than 180 days ago.
4. Will she have any issues as far as AOS is concerned.
Your valuable views will be highly appreciated.
more...
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javadeveloper
07-24 10:41 AM
Hi ,
I was working for company A and got my labor and I-140 approved and then i changed to company B. My priority date is jan 2005. Is there any way that i can continue my green card process with company A. WOuld be of great help if somone can tell me if there is any way to do it.
company A can continue your GC process while you working for company B,Talk to company A about this.I guess company A asks you to join their company , for that you need to apply H1 transfer from B to A.It's not a big problem talk to company A first.Good Luck
I was working for company A and got my labor and I-140 approved and then i changed to company B. My priority date is jan 2005. Is there any way that i can continue my green card process with company A. WOuld be of great help if somone can tell me if there is any way to do it.
company A can continue your GC process while you working for company B,Talk to company A about this.I guess company A asks you to join their company , for that you need to apply H1 transfer from B to A.It's not a big problem talk to company A first.Good Luck
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bestia
07-17 05:37 PM
Can you change the ad? I think more correctly it would be if it sounded like:
Bachelors degree + 5 years OR master's degree required.
It would exactly fit and your description and EB2 requirements
Bachelors degree + 5 years OR master's degree required.
It would exactly fit and your description and EB2 requirements
more...
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aguy
07-27 03:14 PM
Hi,
There seems to be a lot of mixed information about F1-OPT and I-485.
My wife is on a F1 visa. She will be finishing school soon. She also has a pending I-485 linked to my application and an "approved" EAD.
Can she apply for OPT?
I will appreciate if someone can shed light on this.
Thanks.
There seems to be a lot of mixed information about F1-OPT and I-485.
My wife is on a F1 visa. She will be finishing school soon. She also has a pending I-485 linked to my application and an "approved" EAD.
Can she apply for OPT?
I will appreciate if someone can shed light on this.
Thanks.
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imconfused
06-29 08:09 AM
my i-94 is abt to expire in 7.5 months time... due to passport expiry date, though my H1B is valid for 1+ more year...how soon can i renew my I-94,? I understand i have to renew my passport first in order to get the I-94 renewed.
more...
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jatinr
01-17 11:04 PM
I have received 485 receipts and PD is field is empty. My I-140 which was already approved has the priority date specified in it.
Anyone has this column filled?
Anyone has this column filled?
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nk2006
04-14 08:38 AM
Yes that�s a good suggestion. We need more people than whose GC is stuck. One issue is motivating them. I was almost shocked to see the indifference of many immigrants � some of them who went through the same process very recently. I came here almost 10 years ago as a student and many of my friends got GC�s/citizenship (they had their own hassles but now its over). When I talk to them what is going on now � they simply express surprise over how/why I didn�t get it even now and forget it. But I don�t feel bad to remind them again to visit this site or something else and do something (sending faxes /talking to their employers / contributing money/ whatever they can). My point is � don�t expect an immediate action from any, even friends � especially if this does not affect them; but don�t let this discourage you. Engage them in a discussion � most of them already know the terminology like retrogession/140/485/labor etc � remind them their own process and how difficult it was and how finally there is a systematic effort to do something about it. I am sure at least some people will respond favorably.
There is so much momentum right now; if we miss this � we know the consequences.
There is so much momentum right now; if we miss this � we know the consequences.
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Mahatma
10-22 08:18 AM
Moon mission is quite a technological jump! As per APJ, it all starts from looking into the sky and dreams....imagination, creativity.....
American dream is also lots of ups and downs....
Indians in IT and NASA are products of those dreams....
Nuclear cooperation between India and the US would change energy, infrastructure and development equations fundamentally...
All of the above impact us fundamentally as well.
Why STOP this thread as long as the context is technology, our future and life in 21st century?
American dream is also lots of ups and downs....
Indians in IT and NASA are products of those dreams....
Nuclear cooperation between India and the US would change energy, infrastructure and development equations fundamentally...
All of the above impact us fundamentally as well.
Why STOP this thread as long as the context is technology, our future and life in 21st century?
STK
02-08 10:58 AM
If I dont transfer my H1B for a couple of years then what happens. So for example I get a job today and start working on EAD and there for a 2-3 years just by renewing EAD via my husband. Three years down the lane I want to get back on H1B due to problems with I485. Is it possible to get on H1B at point in time because I still have three years remaining on it. WOuld the cap be applicable? In addition, if we find out there is a problem with I 485, does INS give me some time like 1-2 months to make that change in status that is from AOS to H1B?
ramaonline
07-27 09:54 PM
AFAIK, to switch to consular processing, you may need to withdraw the I485 and file an amended I140 indicating Consular processing. Please confirm with an attorney
There was a post on the attorney forum with some additional information
It is certainly possible to continue the green card process in your situation. The key requirement is that once your PD becomes current you MUST have a full time permanent job offer in the US, which you intend to accept.
If you abandon your I-485 and pursue consular processing, that position MUST be in the same position and with the same employer that obtained your labor certification. AC-21 DOES NOT APPLY TO CONSULAR PROCESSING. If you maintain either your A/P validity or H-1 visa validity, as long as the position is in the "same or similar occupation", it can be with any US employer.
Keep in mind that even if your family ends up abandoning their I-485's, as long as you do not abandon your I-485 they will be able to "follow to join" you once your AOS is granted.
Also keep in mind the possibility of EB-1 eligibility if your position with the new company can be characterized as managerial or executive and you are able to secure a transfer back to the US in a managerial or executive position after working in India for at least one year.
There was a post on the attorney forum with some additional information
It is certainly possible to continue the green card process in your situation. The key requirement is that once your PD becomes current you MUST have a full time permanent job offer in the US, which you intend to accept.
If you abandon your I-485 and pursue consular processing, that position MUST be in the same position and with the same employer that obtained your labor certification. AC-21 DOES NOT APPLY TO CONSULAR PROCESSING. If you maintain either your A/P validity or H-1 visa validity, as long as the position is in the "same or similar occupation", it can be with any US employer.
Keep in mind that even if your family ends up abandoning their I-485's, as long as you do not abandon your I-485 they will be able to "follow to join" you once your AOS is granted.
Also keep in mind the possibility of EB-1 eligibility if your position with the new company can be characterized as managerial or executive and you are able to secure a transfer back to the US in a managerial or executive position after working in India for at least one year.
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