howzatt
11-05 09:07 AM
I have a notice date of Oct 1st but no EAD yet. Anybody else in similar situation? My application reached NSC on AUg 13th.
I have received FP notices on Oct 29th
I have received FP notices on Oct 29th
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Blog Feeds
10-04 11:10 PM
VIA The New York Times
"Although President Obama has put off an immigration overhaul until next year, the federal agency in charge of approving visas is planning ahead for the possibility of giving legal status to millions of illegal immigrants, the agency�s director said Thursday.
�We are under way to prepare for that,� Alejandro Mayorkas, the director of the agency, the United States Citizenship and Immigration Services, said in an interview. Mr. Obama has told immigration officials that a legalization program would be part of legislation the White House would propose, said Mr. Mayorkas, who became director in August. The agency�s goal, he said, is to be ready to expand rapidly to handle the gigantic increase in visa applications it would face if the legislation, known as comprehensive immigration reform, passed Congress."
Continue reading (http://www.nytimes.com/2009/10/02/us/politics/02immig.html)
More... (http://ashwinsharma.com/2009/10/02/president-obama-advises-uscis-to-prepare-for-possible-legalization-legislation-in-2010.aspx?ref=rss)
"Although President Obama has put off an immigration overhaul until next year, the federal agency in charge of approving visas is planning ahead for the possibility of giving legal status to millions of illegal immigrants, the agency�s director said Thursday.
�We are under way to prepare for that,� Alejandro Mayorkas, the director of the agency, the United States Citizenship and Immigration Services, said in an interview. Mr. Obama has told immigration officials that a legalization program would be part of legislation the White House would propose, said Mr. Mayorkas, who became director in August. The agency�s goal, he said, is to be ready to expand rapidly to handle the gigantic increase in visa applications it would face if the legislation, known as comprehensive immigration reform, passed Congress."
Continue reading (http://www.nytimes.com/2009/10/02/us/politics/02immig.html)
More... (http://ashwinsharma.com/2009/10/02/president-obama-advises-uscis-to-prepare-for-possible-legalization-legislation-in-2010.aspx?ref=rss)
waitin_toolong
10-01 06:16 AM
yes to both questions
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krishna_brc
05-21 02:32 PM
Immigrating to Canada: Skilled workers and professionals (http://www.cic.gc.ca/english/immigrate/skilled/index.asp)
Thank You
Thank You
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wang12
06-10 12:11 AM
Dear Sir or Madam,
Does anybody know the fax number of Nebraska Service Center or USCIS ?
Many thanks
Does anybody know the fax number of Nebraska Service Center or USCIS ?
Many thanks
dixie
07-03 10:23 AM
If you are going to stay 2 yrs in Canada, you might as well spend 1 more yr and become a Canadian citizen.
I actually have a similar question. I am in the exact same situation. The question is that in this case if you have an H1 stamped in your passport, is it ok to travel to US on that H1 ? or would you need a B2 tourist visa to travel ?
I am asking since technically you are employed by same employer but you are getting paid by Candian payroll not US Payroll.
Technically, your H1-B visa is invalidated the moment you stop getting paid in the US. I do know of a lot of people who managed to re-enter the US with an old stamped H1-B; but definitely not advisable. A particularly suspicious US immigration officer in canada once asked to show my latest pay stub to prove that I am still employed with the employer who sponsored my H1-B visa !!
I actually have a similar question. I am in the exact same situation. The question is that in this case if you have an H1 stamped in your passport, is it ok to travel to US on that H1 ? or would you need a B2 tourist visa to travel ?
I am asking since technically you are employed by same employer but you are getting paid by Candian payroll not US Payroll.
Technically, your H1-B visa is invalidated the moment you stop getting paid in the US. I do know of a lot of people who managed to re-enter the US with an old stamped H1-B; but definitely not advisable. A particularly suspicious US immigration officer in canada once asked to show my latest pay stub to prove that I am still employed with the employer who sponsored my H1-B visa !!
more...
reddy77
10-05 03:26 PM
Even I am in the same Boat, but i believe we do not have to worry about this, this is what I found it in murthy.com when I googled for it couple of weeks back ..
If an I-140 is pending at the time that the company changes, according to the CSC, "no action is required" until the completion of the I-140 stage. Evidence of the "bona fides" of the Successor should be submitted at the time of filing the I-485 application
The CSC will allow applicants to supplement the file on an existing I-485 by submitting evidence of the "bona fides" of the Successor that shows that the same position and compensation, etc. are still offered. The CSC has confirmed will not require re-filing of the I-140 or the I-485.
In order to avoid having such evidence routed through the correspondence process, the attorney should clearly establish on the cover letter that attached documents are for consideration in connection with a pending I-485 application, based on CSC/AILA concurrence and make clear reference to the I-485 Receipt number
http://www.murthy.com/news/UDmaepis.html
If an I-140 is pending at the time that the company changes, according to the CSC, "no action is required" until the completion of the I-140 stage. Evidence of the "bona fides" of the Successor should be submitted at the time of filing the I-485 application
The CSC will allow applicants to supplement the file on an existing I-485 by submitting evidence of the "bona fides" of the Successor that shows that the same position and compensation, etc. are still offered. The CSC has confirmed will not require re-filing of the I-140 or the I-485.
In order to avoid having such evidence routed through the correspondence process, the attorney should clearly establish on the cover letter that attached documents are for consideration in connection with a pending I-485 application, based on CSC/AILA concurrence and make clear reference to the I-485 Receipt number
http://www.murthy.com/news/UDmaepis.html
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kalparikh
11-16 08:23 AM
Normally,
1. The Consulting company and client has an agreement; that they can not hire a person for 6- 12 months. (agreement is different from company to company).
2. Some times you have signed and BOND with consulting company; that you will not join the client for 2 years after you resign from the comapany.
3. You are try to spoil the relation. I urge you to tell the consulting comapny before you leave and join the client.
They can not revoke 140 so there is no harm to your 485. be careful of counting 485 filing date.
god bless.
KP
Guys:
I am currently working through a Consulting company at a client location.
Now, if I were to join the "same" client location as an employee after the 180 day completion of having filed I-485, what are the things that I need to keep in touch before I make this transition.
I do have EAD that is valid till Sep'08. Do I need to tell the client company that my I-485 is pending and that I can work using EAD or should I apply as anyone who would apply for the position without any strings...!!!
I would really appreciate if you guys can let me know any nuiances that I need to be aware of and any caveats that exist in this situation.
I appreciate your time and good luck to all to get the GC as soon as possible.
Thanks
1. The Consulting company and client has an agreement; that they can not hire a person for 6- 12 months. (agreement is different from company to company).
2. Some times you have signed and BOND with consulting company; that you will not join the client for 2 years after you resign from the comapany.
3. You are try to spoil the relation. I urge you to tell the consulting comapny before you leave and join the client.
They can not revoke 140 so there is no harm to your 485. be careful of counting 485 filing date.
god bless.
KP
Guys:
I am currently working through a Consulting company at a client location.
Now, if I were to join the "same" client location as an employee after the 180 day completion of having filed I-485, what are the things that I need to keep in touch before I make this transition.
I do have EAD that is valid till Sep'08. Do I need to tell the client company that my I-485 is pending and that I can work using EAD or should I apply as anyone who would apply for the position without any strings...!!!
I would really appreciate if you guys can let me know any nuiances that I need to be aware of and any caveats that exist in this situation.
I appreciate your time and good luck to all to get the GC as soon as possible.
Thanks
more...
rajsand
10-05 09:13 AM
Please let me know
I came to US in 2003 on H4 and then later got H1 in 2005
since then I have a valid H1 and is expiring in 2008 oct.
for this Q what do I ans Yes or no?
I am in the same visa status as I was 12 months ago ,
but as someone mentioned I have changed from H4 to H1 2 yrs back.
Can somone help me. Thanks
I came to US in 2003 on H4 and then later got H1 in 2005
since then I have a valid H1 and is expiring in 2008 oct.
for this Q what do I ans Yes or no?
I am in the same visa status as I was 12 months ago ,
but as someone mentioned I have changed from H4 to H1 2 yrs back.
Can somone help me. Thanks
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chanduv23
09-30 04:33 PM
I cracked up reading the post. I never really understood why they call us losers and locusts.
more...
dilipb
02-13 09:28 AM
Yesterday USCIS announced officially that they need 1300 officers.
Their recruitment, training etc itself is going to take about 4-5 months.
So I am now guessing that it surely will take about 4 years for them to fix this big issue of retrogression and also hopefully someone increases the VISA numbers by then.
Closing this thread from my perspective since I have some good information.
Thanks to all for providing inputs.
Their recruitment, training etc itself is going to take about 4-5 months.
So I am now guessing that it surely will take about 4 years for them to fix this big issue of retrogression and also hopefully someone increases the VISA numbers by then.
Closing this thread from my perspective since I have some good information.
Thanks to all for providing inputs.
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Green.Tech
08-03 12:10 PM
Lisap - The GC approval will depend on your Priority Date. The more recent your PD, the longer it can take for GC. In any case, I think it's a safe option to get your H-1 extended unless you want to take the risk to wait for your EAD.
more...
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Blog Feeds
10-04 11:10 PM
VIA The New York Times
"Although President Obama has put off an immigration overhaul until next year, the federal agency in charge of approving visas is planning ahead for the possibility of giving legal status to millions of illegal immigrants, the agency�s director said Thursday.
�We are under way to prepare for that,� Alejandro Mayorkas, the director of the agency, the United States Citizenship and Immigration Services, said in an interview. Mr. Obama has told immigration officials that a legalization program would be part of legislation the White House would propose, said Mr. Mayorkas, who became director in August. The agency�s goal, he said, is to be ready to expand rapidly to handle the gigantic increase in visa applications it would face if the legislation, known as comprehensive immigration reform, passed Congress."
Continue reading (http://www.nytimes.com/2009/10/02/us/politics/02immig.html)
More... (http://ashwinsharma.com/2009/10/02/president-obama-advises-uscis-to-prepare-for-possible-legalization-legislation-in-2010.aspx?ref=rss)
"Although President Obama has put off an immigration overhaul until next year, the federal agency in charge of approving visas is planning ahead for the possibility of giving legal status to millions of illegal immigrants, the agency�s director said Thursday.
�We are under way to prepare for that,� Alejandro Mayorkas, the director of the agency, the United States Citizenship and Immigration Services, said in an interview. Mr. Obama has told immigration officials that a legalization program would be part of legislation the White House would propose, said Mr. Mayorkas, who became director in August. The agency�s goal, he said, is to be ready to expand rapidly to handle the gigantic increase in visa applications it would face if the legislation, known as comprehensive immigration reform, passed Congress."
Continue reading (http://www.nytimes.com/2009/10/02/us/politics/02immig.html)
More... (http://ashwinsharma.com/2009/10/02/president-obama-advises-uscis-to-prepare-for-possible-legalization-legislation-in-2010.aspx?ref=rss)
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txuser
03-10 01:31 PM
You can apply for L2 with COS online using form I-539. I'm not sure about applying for L2 without COS though. You can probably apply for L2 with COS now, and if your H1B goes through fine, withdraw the L2 petition.
Make sure that you attach copies of your prior employer's H1B Approval Notice, recent paystubs, new employer's H1B receipt notice, paystubs, your I94 along with the other documents to substantiate that you are currently in status and in the country. This is required for the USCIS to grant COS and I-94 with your L2 approval notice.
Also, in the above case, you don't have to go out of country - you will get a new I-94 along with your L2 approval notice.
Please note that this is just my opinion based on my recent transition from H1B to L2. Please get the advice of an Immigration Attorney (probably your new employer's attorney?) before taking any decision.
Make sure that you attach copies of your prior employer's H1B Approval Notice, recent paystubs, new employer's H1B receipt notice, paystubs, your I94 along with the other documents to substantiate that you are currently in status and in the country. This is required for the USCIS to grant COS and I-94 with your L2 approval notice.
Also, in the above case, you don't have to go out of country - you will get a new I-94 along with your L2 approval notice.
Please note that this is just my opinion based on my recent transition from H1B to L2. Please get the advice of an Immigration Attorney (probably your new employer's attorney?) before taking any decision.
more...
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forgerator
08-20 02:31 PM
YOU NEED TO PAY FEE BEFORE SEP 1ST. SO GO TO SOCTIA BANK BEFORE 32-AUG AND PYA FEE. Take the Receipt with you when you attend interview.
Thats the mean I get.
How do I go about doing that when I can't even set foot on Canada? I am predicting I will get my canadian visa by end of August (usually takes 2 weeks for me to get).
Secondly how do you explain this:
going forward, the MRV fee will have to be paid prior to scheduling appointment. But then to pay the MRV fee I have to be in Canada. But then to be in Canada, the canadian consulate need the appointment letter. It's a catch 22 .
Thats the mean I get.
How do I go about doing that when I can't even set foot on Canada? I am predicting I will get my canadian visa by end of August (usually takes 2 weeks for me to get).
Secondly how do you explain this:
going forward, the MRV fee will have to be paid prior to scheduling appointment. But then to pay the MRV fee I have to be in Canada. But then to be in Canada, the canadian consulate need the appointment letter. It's a catch 22 .
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10-06 08:38 AM
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10-16 12:11 PM
I must say, that Aeris of FF7 was my fav character...
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adibhatla
04-01 06:04 PM
In your denial letter you must have gotten explanation as to why this is a straight denial instead of RFE.
The letter clearly states "Form I-485 states you must submit initial evidence with your application. Initial evidence includes: criminal history, birth certificate, copy of passport, photos, biometrics, police clearances, medical examination, Form G-325A Biographic Information Sheets, Affidavit of Support/Employment Letter, evidence of eligibility and derivative status eligilibity.
In my case the I485 was denied on the grounds of missing G325A biographic information sheets, but in reality I had applied it with the 485 forms.
And as you can see from their explanation there is no way except to raise an MTR before the commissioner.
I strongly suspect that there is no way we can track on the above forms/documentation. The USCIS is playing dirty games of minting money from us. If you see the other forms such as EAD, AP, I485, I140 all have a SRC no. associated to them, these additional documentation can be shredded in their offices and there is not a way to prove our point that we indeed applied them together with the I485.
The only option is to go with the MTR and hope for the best.
By the way my MTR was approved approximately 6 weeks after I applied the MTR but haven't still gotten the approval notice. Waiting on it.
I will you good luck.
Gurus,
my and my wife received a denial letter from USCIS regarding our I-485 applications. My I-140 was approved on November 08'.
the weird thing is that I did not get an RFE of any kind... so, we decided to submit an MTR because:
1. the grounds for denial are wrong: no RFE on Medical and my case falls under visa gate - USCIS publication of July 23, 2007 states that USCIS will submitt an RFE on this matter.
2. denial over birth certificate??? anyway, it was submitted originally and USCIS just lost it in the process anyway no RFE on that either.
3. taken literally from the letter of denial "EVIDENCE OF EVIDENCE OF ELIGIBILITY MAINTANCE " I believe that is my I-94 -which we had submitted and the visa bulletin on june 2007 giving me the green light for I-140 and I-485.
so, we submitted an MTR based on this documents and I got the receipt date as March 17.
any thoughts and comments will be apreciated.
thanks,
The letter clearly states "Form I-485 states you must submit initial evidence with your application. Initial evidence includes: criminal history, birth certificate, copy of passport, photos, biometrics, police clearances, medical examination, Form G-325A Biographic Information Sheets, Affidavit of Support/Employment Letter, evidence of eligibility and derivative status eligilibity.
In my case the I485 was denied on the grounds of missing G325A biographic information sheets, but in reality I had applied it with the 485 forms.
And as you can see from their explanation there is no way except to raise an MTR before the commissioner.
I strongly suspect that there is no way we can track on the above forms/documentation. The USCIS is playing dirty games of minting money from us. If you see the other forms such as EAD, AP, I485, I140 all have a SRC no. associated to them, these additional documentation can be shredded in their offices and there is not a way to prove our point that we indeed applied them together with the I485.
The only option is to go with the MTR and hope for the best.
By the way my MTR was approved approximately 6 weeks after I applied the MTR but haven't still gotten the approval notice. Waiting on it.
I will you good luck.
Gurus,
my and my wife received a denial letter from USCIS regarding our I-485 applications. My I-140 was approved on November 08'.
the weird thing is that I did not get an RFE of any kind... so, we decided to submit an MTR because:
1. the grounds for denial are wrong: no RFE on Medical and my case falls under visa gate - USCIS publication of July 23, 2007 states that USCIS will submitt an RFE on this matter.
2. denial over birth certificate??? anyway, it was submitted originally and USCIS just lost it in the process anyway no RFE on that either.
3. taken literally from the letter of denial "EVIDENCE OF EVIDENCE OF ELIGIBILITY MAINTANCE " I believe that is my I-94 -which we had submitted and the visa bulletin on june 2007 giving me the green light for I-140 and I-485.
so, we submitted an MTR based on this documents and I got the receipt date as March 17.
any thoughts and comments will be apreciated.
thanks,
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06-20 10:11 PM
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Funky_Monkey
09-14 05:05 PM
Talked to a lawyer, essentially everyone is right.
On paper, I am not illegal as long as the 485 is pending, but in theory, I am illegal as long as 140 is denied.
The clock for illegal stay starts when 140 is denied.
This is a gray area and there is no USCIS rule for what to do in this case. So to be safe, I need to get out and come back as H4 again.
gotgc, how did you do InfoPass? I went though the infopass system and there is no option for me to verify whether my 485 is indeed legitimately active (based on the NIW 140) or not.
On paper, I am not illegal as long as the 485 is pending, but in theory, I am illegal as long as 140 is denied.
The clock for illegal stay starts when 140 is denied.
This is a gray area and there is no USCIS rule for what to do in this case. So to be safe, I need to get out and come back as H4 again.
gotgc, how did you do InfoPass? I went though the infopass system and there is no option for me to verify whether my 485 is indeed legitimately active (based on the NIW 140) or not.
bsbawa10
06-11 08:23 PM
Sorry, for this dump question, but is Fp done very year until you get your gc ?
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