gc genie
12-30 09:04 AM
Can I apply for H1 B extension on my own or does it have to go through an immigrtion attorney?
I will be applying for 7th yr H1 based on an ongoing GC process. I 140 approved . I 485 pending.
Is this process any different from normal H1B application ( the first 6 years)
Thanks
I will be applying for 7th yr H1 based on an ongoing GC process. I 140 approved . I 485 pending.
Is this process any different from normal H1B application ( the first 6 years)
Thanks
joydiptac
04-14 02:58 PM
Hi All,
Please advise me on status below.
My wife currently working on EAD, previusly she is on H1B and here employer cancelled H1B when she took permanent.
Before coming to EAD, she travelled abrod and got I-94 till Sep-2010.
My Question is: Does she needs to get new I-94 after Sep-2010. I believe if she goes out of country she gets I-94 when travelling with AP...is this correct?? Can someone please tell me necessary steps to take care to maintain status when on EAD.
Thanks,
Vishwa.
I have been advised by some good attorneys that with AOS you do not need to go out and come back just to change status from Non-immigrant to Parolee or to extend I-94. AOS protects status and will not accrue any illegal presence. If you have vacation planned by all means go (take your AP along).
There is however a Neufeld Memo which if conservatively interpreted will mean that you have to either maintain Non-immigrant status or become a parolee (come back in AP).
�Example 2: An alien is admitted as a nonimmigrant, with a Form 1-94 that expires on January 1, 2009. On October 5, 2008, he properly files an application for adjustment of status. He does not, however, file any application to extend his nonimmigrant stay, which expires on January 1, 2009. The adjustment of status application is still pending on January 2, 2009. On January 2, 2009, he become subject to removal as a deportable alien under section 237(a)(1 )(C) of the Act because he has remained after the expiration of his nonimmigrant admission. For purposes of future inadmissibility, however, the pending adjustment application protects him from the accrual of unlawful presence. �
-Source: http://www.laborimmigration.com/wp-content/uploads/2009/05/neufeld-memorandum-may-6-2009.pdf
But the Attorneys believe that this alone will not cause you to get in trouble.
My interpretation is, this is just meant so that they have the right to deport you if things go sour for multiple reasons e.g. you are caught carrying drugs, or get a DUI, or you go up and ask for unemployment benefit or something stupid like that (i.e. become public charge which is a big no no).
But one thing to note is always ALWAYS make sure that your employment is authorized. (have EAD current or you aren't allowed to work). Working for the employer who filed for your I485 IMHO is best under the current ICY environment.
This brings up a seperate question if employment gaps are not allowed in EB AOS then what if EAD renewal does not come in time. I have no idea about that one. Its messy. US really needs CIR they need to do some house cleaning.
Please advise me on status below.
My wife currently working on EAD, previusly she is on H1B and here employer cancelled H1B when she took permanent.
Before coming to EAD, she travelled abrod and got I-94 till Sep-2010.
My Question is: Does she needs to get new I-94 after Sep-2010. I believe if she goes out of country she gets I-94 when travelling with AP...is this correct?? Can someone please tell me necessary steps to take care to maintain status when on EAD.
Thanks,
Vishwa.
I have been advised by some good attorneys that with AOS you do not need to go out and come back just to change status from Non-immigrant to Parolee or to extend I-94. AOS protects status and will not accrue any illegal presence. If you have vacation planned by all means go (take your AP along).
There is however a Neufeld Memo which if conservatively interpreted will mean that you have to either maintain Non-immigrant status or become a parolee (come back in AP).
�Example 2: An alien is admitted as a nonimmigrant, with a Form 1-94 that expires on January 1, 2009. On October 5, 2008, he properly files an application for adjustment of status. He does not, however, file any application to extend his nonimmigrant stay, which expires on January 1, 2009. The adjustment of status application is still pending on January 2, 2009. On January 2, 2009, he become subject to removal as a deportable alien under section 237(a)(1 )(C) of the Act because he has remained after the expiration of his nonimmigrant admission. For purposes of future inadmissibility, however, the pending adjustment application protects him from the accrual of unlawful presence. �
-Source: http://www.laborimmigration.com/wp-content/uploads/2009/05/neufeld-memorandum-may-6-2009.pdf
But the Attorneys believe that this alone will not cause you to get in trouble.
My interpretation is, this is just meant so that they have the right to deport you if things go sour for multiple reasons e.g. you are caught carrying drugs, or get a DUI, or you go up and ask for unemployment benefit or something stupid like that (i.e. become public charge which is a big no no).
But one thing to note is always ALWAYS make sure that your employment is authorized. (have EAD current or you aren't allowed to work). Working for the employer who filed for your I485 IMHO is best under the current ICY environment.
This brings up a seperate question if employment gaps are not allowed in EB AOS then what if EAD renewal does not come in time. I have no idea about that one. Its messy. US really needs CIR they need to do some house cleaning.
vivache
11-08 07:29 PM
1. I would like to believe that all visa numbers include the dependents etc .. since USCIS has the numbers.
2. At the same time .. maybe 245i is kicking in .. else the priority dates would be different
The only thing I'm not clear about is this:
Is 245i only affecting eb3 and not eb2?
And also from the answers it looks like, inspite of uscis making the numbers public .. it doesn't help us make a prediction
2. At the same time .. maybe 245i is kicking in .. else the priority dates would be different
The only thing I'm not clear about is this:
Is 245i only affecting eb3 and not eb2?
And also from the answers it looks like, inspite of uscis making the numbers public .. it doesn't help us make a prediction
chanduv23
11-13 09:48 PM
Expose these fradulent employers who have no basic ethics
more...
freedom1
01-22 04:18 PM
i got similar message, but this was for Advance Parole not 485...
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document OTHER THAN CARD manufactured and mailed.
On ... we mailed the document we manufactured based on our earlier approval of this case, and mailed it to the address on we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Your AP might be on your way!
Freedom1.
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document OTHER THAN CARD manufactured and mailed.
On ... we mailed the document we manufactured based on our earlier approval of this case, and mailed it to the address on we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Your AP might be on your way!
Freedom1.
setpit_gc
06-05 04:56 PM
I got another soft LUD today (06/05/2009)
more...
merletta
July 14th, 2006, 12:48 PM
TWO TICKETS MADONNA ROME
ON SALE TWO TICKETS FOR MADONNA'S CONCERT IN ROME
THE 6tH AUGUST 2006.
OLYMPIC STADIUM IN ROMA
SECTOR = CURVA NORD
PRICE FOR 2 TICKETS = 240 EURO
I SEND WITH INTERNATIOL POST AFTER THE PAYMANT
PAYMENT WITH PAYPAL OR BANK TRANSFER
FOR FURTHERT QUESTION
merletta@email.it
ON SALE TWO TICKETS FOR MADONNA'S CONCERT IN ROME
THE 6tH AUGUST 2006.
OLYMPIC STADIUM IN ROMA
SECTOR = CURVA NORD
PRICE FOR 2 TICKETS = 240 EURO
I SEND WITH INTERNATIOL POST AFTER THE PAYMANT
PAYMENT WITH PAYPAL OR BANK TRANSFER
FOR FURTHERT QUESTION
merletta@email.it
la_guy
08-19 01:07 PM
Dr. Chikamarri Ramesh got 10 months imprisonment. He should have been deported.
Citizens of US cannot be deported. That is the LAW... But if that guy had a Green Card or any other visa, then he can be deported...
Citizens of US cannot be deported. That is the LAW... But if that guy had a Green Card or any other visa, then he can be deported...
more...
krishmunn
07-16 04:05 PM
People who do Consular Processing do complete their medical in designated hospitals in India. I know Jaslok and Lilavati in Mumbai are such approved hospitals and medicals from thsoe are accepted by US Consulate in India for Immigrant Visa (Consular Processing). However, will the same be accepted by CIS for AOS is the question. check with your attorney and do mention this information (that CP candidates can do medical overseas in designated hospitals).
dan19
09-15 05:14 PM
Whether EB3 or EB2 is dependent upon the job description.
Suppose your job requires only a BS degree and you have a MS, you cannot still apply under EB2. The job should require a MS degree or equivalent if you need to be under EB2.
Honestly I didn't know about this factor when I joined work. I thought I could apply under EB2 since I had a MS degree.
Better that you asked about these options now, rather than finding it out years later when you are about to apply for the final stage.
Hi,
I am a F1 student and am on OPT now. I got my H1B visa approved from Oct-1 2006 to Sep-30 2009.
But my school said I cannot get my degree certificate till December 2006.
My question is when I apply for my Green card will I be considered into EB2 list or EB3 list. On what basis will this be decided.
Please suggest.
Thank you,
Vijaya.
Suppose your job requires only a BS degree and you have a MS, you cannot still apply under EB2. The job should require a MS degree or equivalent if you need to be under EB2.
Honestly I didn't know about this factor when I joined work. I thought I could apply under EB2 since I had a MS degree.
Better that you asked about these options now, rather than finding it out years later when you are about to apply for the final stage.
Hi,
I am a F1 student and am on OPT now. I got my H1B visa approved from Oct-1 2006 to Sep-30 2009.
But my school said I cannot get my degree certificate till December 2006.
My question is when I apply for my Green card will I be considered into EB2 list or EB3 list. On what basis will this be decided.
Please suggest.
Thank you,
Vijaya.
more...
anilsal
08-05 03:24 PM
Probably that is what will happen. The last 45 days have been extremely stressful on the applicants and lawyers. I hope USCIS ignores some simple mistakes.
dingudi
09-30 06:48 PM
Hi, can anyone shed some light on what happens if the 485 and 140 both are pending for more than 180 days and the applicant is laid off? Does AC21 come handy or any other way out? Also, only 6 months remain on the H1B(8th year extension).
I think AC21 can only be used successfully if your I-140 has been approved. But again if you read the previous post by my2cent , I think that makes sense as it all depends on employer.
As for AC21 law, it is associated with an approved I-140 and not a pending I-140.
I-485 July 2 filer , ND Sept 10
No FP yet
I think AC21 can only be used successfully if your I-140 has been approved. But again if you read the previous post by my2cent , I think that makes sense as it all depends on employer.
As for AC21 law, it is associated with an approved I-140 and not a pending I-140.
I-485 July 2 filer , ND Sept 10
No FP yet
more...
Ivyleaf
10-20 04:10 PM
right on i got a vote!
btw, GJ phat. no shame in being beaten by an chick. (at least if shes nekkid) :P
btw, GJ phat. no shame in being beaten by an chick. (at least if shes nekkid) :P
tammman
10-06 09:34 PM
I totally agree with you...recently I moved to CA and it took me close to 2 months before I had 3 offers...I can see it can be frustating, distracting but keep +ve and it will be rewaded.
more...
sidd
06-19 04:50 PM
Hi.,
My wife and kids went for visa interview last friday (13th June 2008). Visa officer collected their passport and told that you will recieve the passport by next week. NO colored notice/slips are issued that time. But, We didn't receive the passport so far. The passport was NOT sent to the VFS office either. When we called the consulate regarding this, they told that the passport is with Consulate only and I-797 verification is under process which will take 5-10 business days.
My questions here is:
1. Once the visa officer accepts the passport, what are all the process involved before despatching the stamped passport to the applicant?
Note:
Currently I am in US under visa extension and yet to get my passport stamped for this extension period. My wife went to stamping with my new extension approval notice I-797.
Thanks
It is PIMS verification. Your I-797/petition is verified against a central database. If the petition info. is not already there in the database, then it may take around 1-4 weeks to get it entered in the database and verify it.
I would appreciate if you could share some more information about yourself that can be helpful to others...like....app. when your H1B was approved and from which CENTER. To which consulate your wife went for the stamping?
My wife and kids went for visa interview last friday (13th June 2008). Visa officer collected their passport and told that you will recieve the passport by next week. NO colored notice/slips are issued that time. But, We didn't receive the passport so far. The passport was NOT sent to the VFS office either. When we called the consulate regarding this, they told that the passport is with Consulate only and I-797 verification is under process which will take 5-10 business days.
My questions here is:
1. Once the visa officer accepts the passport, what are all the process involved before despatching the stamped passport to the applicant?
Note:
Currently I am in US under visa extension and yet to get my passport stamped for this extension period. My wife went to stamping with my new extension approval notice I-797.
Thanks
It is PIMS verification. Your I-797/petition is verified against a central database. If the petition info. is not already there in the database, then it may take around 1-4 weeks to get it entered in the database and verify it.
I would appreciate if you could share some more information about yourself that can be helpful to others...like....app. when your H1B was approved and from which CENTER. To which consulate your wife went for the stamping?
rkp27
07-11 03:10 PM
Not every member here is a MAN (to be a Gentalman), some are women, do they not count? :)
Pople like you does not count :( ... only man and woman counts.. hope this helps you.
Pople like you does not count :( ... only man and woman counts.. hope this helps you.
more...
isthereawayout
02-22 12:42 PM
Yes, in my case we wouldn't be using the experience gained with the current employer as I already have the required 1 year experience before joining the employer.
My fear is that DOL/USCIS would come back and say hey you have almost the same requirement for both the positions, why does one require only MS+1 while the other accepts BS+3..
My fear is that DOL/USCIS would come back and say hey you have almost the same requirement for both the positions, why does one require only MS+1 while the other accepts BS+3..
lkrastogi
07-16 11:08 PM
My 140 was filed last week and I don't have the receipt number. Can I file 485 without I140 receipt number?
bombaysardar
07-17 10:22 PM
If you look at the rules closely on the website, pregnant women are exempted from taking shots. The medical tests should not be a problem.
pady
09-28 07:34 PM
sure, PM me the details.
hi,
I can give my consultant name and they r very good in salary as well as GC process. If you interested pls let me know.
regards,
c
hi,
I can give my consultant name and they r very good in salary as well as GC process. If you interested pls let me know.
regards,
c
go_guy123
01-15 11:51 PM
Unless the country cap is removed from EB immigration - things will not change for folks from India.
Have you noticed that when it comes to giving amnesty, there is always a special clause that exempts illegals from country caps? Ever wonder why?
because most of the illegals are from a few handful countries mainly mexico
Have you noticed that when it comes to giving amnesty, there is always a special clause that exempts illegals from country caps? Ever wonder why?
because most of the illegals are from a few handful countries mainly mexico
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