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seaken75
10-04 03:37 PM
Hi all IV gurus,
My wife and I filed our I-485, EAD and AP on July 12th and the package arrived in NSC on July 13th. We have received all receipts and finished our FP about 10 days ago. I checked the online status and there are NO LUDs on any of our applications. All of them still show the ND of August 15th. I am EB3 ROW with PD Jan07. My I-140 is still pending at NSC.
My wife is currently on H-4 and she would like to work. Is she able to apply for a temporary EAD on October 15th, since it will already be 90 days since RD? If yes, how do we go about doing that?
Your experience and advice are very much appreciated!
Thanks!
My wife and I filed our I-485, EAD and AP on July 12th and the package arrived in NSC on July 13th. We have received all receipts and finished our FP about 10 days ago. I checked the online status and there are NO LUDs on any of our applications. All of them still show the ND of August 15th. I am EB3 ROW with PD Jan07. My I-140 is still pending at NSC.
My wife is currently on H-4 and she would like to work. Is she able to apply for a temporary EAD on October 15th, since it will already be 90 days since RD? If yes, how do we go about doing that?
Your experience and advice are very much appreciated!
Thanks!
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ramausa
09-04 12:14 AM
hi,
I've got my L1A visa valid till MARCH 2010 with company A. Meanwhile my H1B VISA got approved thru company B for this year.i would like to continue in my L1(company A) for few months until i find a suitable project with the employer who processed my H1(company B).
how long can I continue in my L1 status
a)if it is a fresh H1B ?
b)if the H1 is a "change of status"?
c)what can i do if i need to retain L1A VISA status for the period after the Change of Status happens ?
pls help.
thanks in advance for your answers
I've got my L1A visa valid till MARCH 2010 with company A. Meanwhile my H1B VISA got approved thru company B for this year.i would like to continue in my L1(company A) for few months until i find a suitable project with the employer who processed my H1(company B).
how long can I continue in my L1 status
a)if it is a fresh H1B ?
b)if the H1 is a "change of status"?
c)what can i do if i need to retain L1A VISA status for the period after the Change of Status happens ?
pls help.
thanks in advance for your answers
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voldemar
10-24 08:40 AM
Is it correct that with an AP you are not guaranteed re-entry?
Yes, that's correct. Especially if you are subject to 3 or 10 years bar.
For how many months is it valid?
For 1 year.
DO you need a lawyer to re new it or is it an easy process that any layman can re-new on their own?
No, I did it myself twice.
Yes, that's correct. Especially if you are subject to 3 or 10 years bar.
For how many months is it valid?
For 1 year.
DO you need a lawyer to re new it or is it an easy process that any layman can re-new on their own?
No, I did it myself twice.
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rajsenthil
05-22 11:38 AM
I too got the soft lud's on May 21 for all of my 485. There is no change in the current status. Could that be FPs are sent or just a regular batch update? I don't know.
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go_guy123
09-04 01:23 AM
I am a nurse from the Philippines currently living in northern California, enrolled in university, working towards my masters degree. I currently have a F1 student visa, have already passed the NCLEX and also hold a Philippines RN license. I don't have any work experience as a nurse besides my clinical experience as a student. I wanted to know what my current options are? I have a company willing to sponsor me on the east coast. I was referred to them by my sister-in-law who is currently working for them. I spoke to the companies recruiter but she couldn't answer some of my more detailed immigration questions.
I just wanted to get some options from some helpful members here. I currently have an appointment with an immigration lawyer next week but wanted to be somewhat inform on my options before meeting with the lawyer.
I know their is a long wait currently for nurses coming from the Philippines. Does it make my situation a little easier considering I am already in the US on a F1 visa? I was told that if they were to lift retrogression for nurses that I would be process asap because I am currently living in the US legally... I seriously have my doubts about this lol.
Any insight on my current situation is much appreciate.
Thank you all very much,
Sheryn:)
A lot of nursing jobs dont need a 4 yr bachelor's degree and thats why you cant use
H1B for that unless the specialised nursing jobs needs a bachelors.
Therefore (thankfully) Nurses are directly applied for Green Card EB3. However there
is significant backlog even for ROW EB3. There is lobby effort to allocate green card quota for nurses like they did in 2004.
The employer (with the lawyer help) will file I140 for you and when the PD is current you can file I485.
But since you are on F1 visa, filing I140 you might have problem with the non immigrant intent clause at the
port of entry.
I just wanted to get some options from some helpful members here. I currently have an appointment with an immigration lawyer next week but wanted to be somewhat inform on my options before meeting with the lawyer.
I know their is a long wait currently for nurses coming from the Philippines. Does it make my situation a little easier considering I am already in the US on a F1 visa? I was told that if they were to lift retrogression for nurses that I would be process asap because I am currently living in the US legally... I seriously have my doubts about this lol.
Any insight on my current situation is much appreciate.
Thank you all very much,
Sheryn:)
A lot of nursing jobs dont need a 4 yr bachelor's degree and thats why you cant use
H1B for that unless the specialised nursing jobs needs a bachelors.
Therefore (thankfully) Nurses are directly applied for Green Card EB3. However there
is significant backlog even for ROW EB3. There is lobby effort to allocate green card quota for nurses like they did in 2004.
The employer (with the lawyer help) will file I140 for you and when the PD is current you can file I485.
But since you are on F1 visa, filing I140 you might have problem with the non immigrant intent clause at the
port of entry.
neelu
01-04 11:00 AM
http://www.businessweek.com/smallbiz/content/jan2007/sb20070103_187304.htm?chan=search
The silence from those of us not affected by the green card process who are legal immigrants is annoyingly deafening. The entire economy has picked up now and yet legislation takes forever to pass!
What does it take for lawmakers to turn their heads? People holding placcards and signs on streets protesting? Is that the only way to have something heard? Obviously, written articles such as these isn't helping!
Dear Vatsa,
I'll tell you what it takes.
It takes strength, both in membership and money. And the former helps bring the latter.
Please help introduce a member to IV by Jan 15th. Help create our own voice (to break the annoying silence that you talk about).
Encourage others to participate in the Add ONE Member campaign started by IV.
Thank you.
The silence from those of us not affected by the green card process who are legal immigrants is annoyingly deafening. The entire economy has picked up now and yet legislation takes forever to pass!
What does it take for lawmakers to turn their heads? People holding placcards and signs on streets protesting? Is that the only way to have something heard? Obviously, written articles such as these isn't helping!
Dear Vatsa,
I'll tell you what it takes.
It takes strength, both in membership and money. And the former helps bring the latter.
Please help introduce a member to IV by Jan 15th. Help create our own voice (to break the annoying silence that you talk about).
Encourage others to participate in the Add ONE Member campaign started by IV.
Thank you.
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solaris27
07-19 10:43 AM
<<date>>
<<NAME>.
Bureau of Citizenship and Immigration Services
Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501
Dear <<NAME>:
This letter is to confirm that <COMPANY NAME> currently employs and intends to offer permanent
full time employment to <YOUR NAME> as an <DESIGNATION> at a salary of <SALARY>. He began employment
with us on [insert date].
His job duties are: [insert the job duties].
If you have any questions regarding this application, please do not hesitate to contact me.
Sincerely,
XXX
Title
<<NAME>.
Bureau of Citizenship and Immigration Services
Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501
Dear <<NAME>:
This letter is to confirm that <COMPANY NAME> currently employs and intends to offer permanent
full time employment to <YOUR NAME> as an <DESIGNATION> at a salary of <SALARY>. He began employment
with us on [insert date].
His job duties are: [insert the job duties].
If you have any questions regarding this application, please do not hesitate to contact me.
Sincerely,
XXX
Title
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snathan
02-17 09:05 PM
I want to do H1 transfer . But I do not have pay stub of Jan and Feb 2009 . Right now I got a project which will be starting from March 1 to 31 March . But before that I want To Transfer my H1 . Doses H1 Transfer need recent Pay Stubs ?
Yes...You need.
Yes...You need.
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kevnss
04-02 02:35 PM
Thanks for the useful information.
Recently I came back from India based AP but they stamped Mar 23 2009 on my I-94 as expired date since my AP will expire during that time. So would I need to file H1 extension to get new I-94.
Recently I came back from India based AP but they stamped Mar 23 2009 on my I-94 as expired date since my AP will expire during that time. So would I need to file H1 extension to get new I-94.
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kramesh_babu
07-25 08:08 AM
You should be good as long as the existing Visa is valid when you reenter. Even though the existing Visa stamping is tied to your previous employer, You do NOT have to go for Stamping just because you changed the employer and got the new H1. The IO at Port Of Entry might ask about your current employer and you should mention your new Employer and show the new H1B approval at at that time.
I hope this helps. Good Luck & Welcome Back!!!
Thanks.
Ramesh.
I have my H1B stamped visa from company A,and is valid till September 2010.I came to India in August 2009 and planning to come back to US in the next month.
Meanwhile i have filed for a H1B tranfer to company B in April'2010 and it was approved in last week.
My question is can i come back to US on my stamped visa from Company A.Is that still valid even after my transfer was approved to Company B ?.
Do i have any problems at port of entry to us ?.
Or do i need to go for H1B stamping for Company B.
please tell me what are my options.any help is greatly appreciated.
I hope this helps. Good Luck & Welcome Back!!!
Thanks.
Ramesh.
I have my H1B stamped visa from company A,and is valid till September 2010.I came to India in August 2009 and planning to come back to US in the next month.
Meanwhile i have filed for a H1B tranfer to company B in April'2010 and it was approved in last week.
My question is can i come back to US on my stamped visa from Company A.Is that still valid even after my transfer was approved to Company B ?.
Do i have any problems at port of entry to us ?.
Or do i need to go for H1B stamping for Company B.
please tell me what are my options.any help is greatly appreciated.
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surabhi
05-30 12:00 PM
The suggested procedure generally is, (assuming you got stamped with Employer A while in India and you want to work with Employer B as soon as you land)
1. File a new independent petetion
2. at Port of Entry, show the I-797 of company B, so that your I-94 records the right company you intend to work.
With quota over for the year, you cannot file another H1 and follow above approach.
When quota was not an issue until 3 years ago, the above scenario worked.
Now you dont have an option because in I-129 (H1b application) form, you will be counted against the cap unless you are already in US in same status i.e on H1. Since you are not in US, you cannot avoid not being counted againts the cap.
So the only way is to come in to US with intention to work for Employer A and then look for moving to employer B
1. File a new independent petetion
2. at Port of Entry, show the I-797 of company B, so that your I-94 records the right company you intend to work.
With quota over for the year, you cannot file another H1 and follow above approach.
When quota was not an issue until 3 years ago, the above scenario worked.
Now you dont have an option because in I-129 (H1b application) form, you will be counted against the cap unless you are already in US in same status i.e on H1. Since you are not in US, you cannot avoid not being counted againts the cap.
So the only way is to come in to US with intention to work for Employer A and then look for moving to employer B
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visa_reval
03-14 03:01 PM
You are right, I am in my 7th year. Thanks for the quick reply.
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nousername
11-03 09:20 PM
WOW, since May 2007.. This is F***E* BS man, sorry to hear about this.
I would suggest switching your application to premium processing. I did that back in 2006 for my 6th year H1 renewal. It might cost additional $$$ but I guess it is well worth it.
Good luck.
My perm was filed in May 2007 in EB2. Got RFE in July 2007. Replied within 2 weeks. No response since then.
Can I do anything from my side. Is there any way to contact/request DOL to inquire about the case.
I would suggest switching your application to premium processing. I did that back in 2006 for my 6th year H1 renewal. It might cost additional $$$ but I guess it is well worth it.
Good luck.
My perm was filed in May 2007 in EB2. Got RFE in July 2007. Replied within 2 weeks. No response since then.
Can I do anything from my side. Is there any way to contact/request DOL to inquire about the case.
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ovaloffice
05-22 05:07 PM
Hello
I am a physician who is doing his residency on H1b. My wife has applied for green card with a priority date 4/2004 (employment based category 3). I have applied for my green card with her. Now we are in I 485 stage.
NOw that the way dates are progressing it seems it will take a while for her date to become current for EB3. I was wondering if I apply for green card when I finish my residency, can I recapture the priority date?
I'd appreciate your help. Thank you
I am a physician who is doing his residency on H1b. My wife has applied for green card with a priority date 4/2004 (employment based category 3). I have applied for my green card with her. Now we are in I 485 stage.
NOw that the way dates are progressing it seems it will take a while for her date to become current for EB3. I was wondering if I apply for green card when I finish my residency, can I recapture the priority date?
I'd appreciate your help. Thank you
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exploitedone2008
03-13 09:59 PM
what is Freedom of Information Act and how can it help him
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wandmaker
11-01 10:20 AM
PD isn't current, but just check i-485 online status, showing "Document production or Oath Ceremony" (i.e., the last cycle).
There was indeed a soft LUD in June this year. After that nothing much else. Is there sth good coming along my way?
Appreciate if anyone here can share his/her thoughts/comments.
Don't rely on online status, take infopass and check it out. BTW, it is most likely a FP notice, not an approval.
There was indeed a soft LUD in June this year. After that nothing much else. Is there sth good coming along my way?
Appreciate if anyone here can share his/her thoughts/comments.
Don't rely on online status, take infopass and check it out. BTW, it is most likely a FP notice, not an approval.
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andycool
04-12 10:41 AM
Thanks for the reply..I have one question ,can I sponsor my in-laws visa in such situation ?
Ya you can ...
Ya you can ...
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bidhanc
04-23 12:38 PM
You might want to be careful abt the Birth Certificate.
I have seen in many forums and even heard from a friend who sponsored his parents with the Original Certificate.
Hi,
I will be sponsoring US visitor's visa for my parents. They will be going to Kolkata consulate for visa interview. I believe my parents need to carry my Birth Certificate along with other documents for the interview. Do they need to carry my original birth certificate or copy of my birth certifcate is fine.
Thanks
Sudipta
I have seen in many forums and even heard from a friend who sponsored his parents with the Original Certificate.
Hi,
I will be sponsoring US visitor's visa for my parents. They will be going to Kolkata consulate for visa interview. I believe my parents need to carry my Birth Certificate along with other documents for the interview. Do they need to carry my original birth certificate or copy of my birth certifcate is fine.
Thanks
Sudipta
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asharma
07-23 09:25 PM
The questions in FAQ are very much similar to what are being asked at this website.
Is it pure co-incidence or is USCIS reading the immigrationvoice questions???:D
Is it pure co-incidence or is USCIS reading the immigrationvoice questions???:D
onemorecame
01-02 10:46 AM
H1B LUDs may be due to PIMS data collection, I heard most of the H1Bs approved after Jan 2004 had LUDs and the status did not change; and 140 could be a regular system touch.
PIMS???
I got Soft LUD on all H1 and i-140 few weeks back. and last week i got Soft LUD I-485 its sec soft LUD on I-485
Please let me know why second time its happen and what is PIMS?
PIMS???
I got Soft LUD on all H1 and i-140 few weeks back. and last week i got Soft LUD I-485 its sec soft LUD on I-485
Please let me know why second time its happen and what is PIMS?
kondur_007
08-18 09:58 AM
Here is my opinion:
I understand that your wife has now two I 94s: One when she entered on H4 (we will call it OLD) and one when she returned from Mexico with F1 visa stamp (we will call it NEW). And both are attached to her passport.
First of all, I dont think this is a major deal. You can do one of the two things:
1. First option is to go to near by international airport and meet CBP officer. Explain him the situation (show him the copy of air ticket to mexico and appointment letter with the consulate); chances are, he will take care of the old I 94 (but make sure to keep a copy for yourself for future reference). And you can forget about the whole thing (just keep copies of old I 94, air ticket, appt letter for future reference if any question arises at any time).
2. Second option is to nothing about this and just keep the old I94, a copy of it, copies of air ticket and appoinntment letter for your file and close the file until and unless you are asked about it. Chances are, they would have automatically changed the information in their system and you may never be asked about this old I 94. If they do, you can tell them the truth what happened. I dont think it is a major deal.
I would personally go with option 1 if the nearby international airport is not too far.
In either case, make sure of one thing: Whenever your wife leaves, she must surrender the new I 94 and not the old one. Best way is, take the old I 94 out of the passport so no confusion arises.
Hope this helps. Good luck.
I understand that your wife has now two I 94s: One when she entered on H4 (we will call it OLD) and one when she returned from Mexico with F1 visa stamp (we will call it NEW). And both are attached to her passport.
First of all, I dont think this is a major deal. You can do one of the two things:
1. First option is to go to near by international airport and meet CBP officer. Explain him the situation (show him the copy of air ticket to mexico and appointment letter with the consulate); chances are, he will take care of the old I 94 (but make sure to keep a copy for yourself for future reference). And you can forget about the whole thing (just keep copies of old I 94, air ticket, appt letter for future reference if any question arises at any time).
2. Second option is to nothing about this and just keep the old I94, a copy of it, copies of air ticket and appoinntment letter for your file and close the file until and unless you are asked about it. Chances are, they would have automatically changed the information in their system and you may never be asked about this old I 94. If they do, you can tell them the truth what happened. I dont think it is a major deal.
I would personally go with option 1 if the nearby international airport is not too far.
In either case, make sure of one thing: Whenever your wife leaves, she must surrender the new I 94 and not the old one. Best way is, take the old I 94 out of the passport so no confusion arises.
Hope this helps. Good luck.
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