fromnaija
09-21 04:26 PM
Since I did my master's here. I think they filed my case under EB1...I need to re-check. If this is the case then how long does it take. Yes I'm an indian.
I doubt if a Masters qualifies for EB1. But if you filed under EB1, then you should be able to file I485 immediately as that category is CURRENT. Check and confirm the category your employers filed and post your question again.
I doubt if a Masters qualifies for EB1. But if you filed under EB1, then you should be able to file I485 immediately as that category is CURRENT. Check and confirm the category your employers filed and post your question again.
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kondur_007
10-16 04:29 PM
Thanks so much for your reply. I think it will always a good idea to keep USCIS inform about your working condition since this is 'Employment based' case.
For AC21 I think I will need to match following:
1. New employment letter which should describe duties which 'must' be same or similar to what was mentioned in my labor certificate.
2. Start date/salary/position title
3. Any Benefits if provided.
Do I need any document from sposerer employer? Do I need anything else?
Thank you and I appriciate your help.
You are welcome.
If you do decide to file AC 21 papers with USCIS; please, please take the help of a good lawyer!
The lawyer usually send the cover letter justifying the "same or similar job" salary, location etc. This also depends a lot on what is in original PERM.
Good lawyer will also draft the letter you will need from new employer. sometimes this may require to be less specific. (details are veriable). But it needs to be a "permanent job offer".
Good Luck.
For AC21 I think I will need to match following:
1. New employment letter which should describe duties which 'must' be same or similar to what was mentioned in my labor certificate.
2. Start date/salary/position title
3. Any Benefits if provided.
Do I need any document from sposerer employer? Do I need anything else?
Thank you and I appriciate your help.
You are welcome.
If you do decide to file AC 21 papers with USCIS; please, please take the help of a good lawyer!
The lawyer usually send the cover letter justifying the "same or similar job" salary, location etc. This also depends a lot on what is in original PERM.
Good lawyer will also draft the letter you will need from new employer. sometimes this may require to be less specific. (details are veriable). But it needs to be a "permanent job offer".
Good Luck.
morchu
05-04 02:42 PM
No the H1B doesn't become INVALID.
You just may not be eligible for another extension.
All:
What happens to an H1B (based on 3 year extension derived from approved I-140 & pending I-485 with dates not being current). Does I-485 denial result in the H1B also being invalid?
You just may not be eligible for another extension.
All:
What happens to an H1B (based on 3 year extension derived from approved I-140 & pending I-485 with dates not being current). Does I-485 denial result in the H1B also being invalid?
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brij523
11-12 04:07 PM
Gurus,
I am on H1B in USA and now I am planning to set up a company in India. Will I be violating any laws by doing this.
Can I operate the company from USA and still get payed in India. My clients will be paying my company in India.
Will I have to pay taxes in USA.
Thank you for your time.
WOW. People ask so many questions!!
Here is the answer - If you stay more than 6 months in US, you will have to pay taxes exception will be only L1 VISA. But before you think of L1, read L1 Visa requirement rules.
Have fun.
I am on H1B in USA and now I am planning to set up a company in India. Will I be violating any laws by doing this.
Can I operate the company from USA and still get payed in India. My clients will be paying my company in India.
Will I have to pay taxes in USA.
Thank you for your time.
WOW. People ask so many questions!!
Here is the answer - If you stay more than 6 months in US, you will have to pay taxes exception will be only L1 VISA. But before you think of L1, read L1 Visa requirement rules.
Have fun.
more...
ksrk
05-01 08:11 PM
Hi all;
Questions if anyone has ever seen an RFE like this one.
My first RFE was asking for all documents related to work authorized by USCIS.
I think I responded properly and provided all documents requested.
Then another RFE just came in end of April mail asking for the following.
Please provide all school transcripts during your F1 student status.
Now I am dummy because up until about few days ago I just realized I made big mistake!
I have gap (7 months) from when I finished school (mid 2002) and when I was approved my H1B (Jan 2003)
I should have went on OPT after school but mistake I think I could wait pending my H1B application. I did not work during that 7 month period and stupid me did not go to school during that 7 month period in end 2002.
Any good lawyers in San Jose area think I can pass with a letter of explanation?
What's not clear about your case is whether or not you applied for your H1B BEFORE you finished school (in mid 2002). If for those 7 months you were waiting for a decision on your H1B (pending application with USCIS), then you weren't out of status during that period. On the other hand, if you did go out of status for >180 days, then you may have to explain it. Whether or not you get into trouble depends on the reason for going out of status in that period (if indeed you did).
Questions if anyone has ever seen an RFE like this one.
My first RFE was asking for all documents related to work authorized by USCIS.
I think I responded properly and provided all documents requested.
Then another RFE just came in end of April mail asking for the following.
Please provide all school transcripts during your F1 student status.
Now I am dummy because up until about few days ago I just realized I made big mistake!
I have gap (7 months) from when I finished school (mid 2002) and when I was approved my H1B (Jan 2003)
I should have went on OPT after school but mistake I think I could wait pending my H1B application. I did not work during that 7 month period and stupid me did not go to school during that 7 month period in end 2002.
Any good lawyers in San Jose area think I can pass with a letter of explanation?
What's not clear about your case is whether or not you applied for your H1B BEFORE you finished school (in mid 2002). If for those 7 months you were waiting for a decision on your H1B (pending application with USCIS), then you weren't out of status during that period. On the other hand, if you did go out of status for >180 days, then you may have to explain it. Whether or not you get into trouble depends on the reason for going out of status in that period (if indeed you did).
dilbert_cal
07-11 03:19 AM
Emigration or Immigration ?? Isnt there a difference between the two ;-)
As per m-w.com
Emigrate :-
Etymology: Latin emigratus, past participle of emigrare, from e- + migrare to migrate
: to leave one's place of residence or country to live elsewhere <emigrated from Canada to the United States>
Immigrate :
Etymology: Latin immigratus, past participle of immigrare to remove, go in, from in- + migrare to migrate
intransitive verb : to enter and usually become established; especially : to come into a country of which one is not a native for permanent residence
Hope the writer of the article knows the difference too....
As per m-w.com
Emigrate :-
Etymology: Latin emigratus, past participle of emigrare, from e- + migrare to migrate
: to leave one's place of residence or country to live elsewhere <emigrated from Canada to the United States>
Immigrate :
Etymology: Latin immigratus, past participle of immigrare to remove, go in, from in- + migrare to migrate
intransitive verb : to enter and usually become established; especially : to come into a country of which one is not a native for permanent residence
Hope the writer of the article knows the difference too....
more...
chanduv23
04-18 10:55 PM
Many of us can run into these situations since we all have a long long way to go for our GCs, it will be helpful if this great secret information can be put in here so that all of us already know what to do when we hit this issue.
well yes and no. depends on a lot of factors. If there is nothing wrong with your case, you dont have to worry.
Only issue is - getting a denial and applying for MOTIC means spending money and unnecessary tension and if you are out of the country when you get a denial - it gets extremely complicated.
Once preprocessed, there is no reason for USCIS to touch the files until the dates are current so hang in there. Do not stress.
Know what is going on and be prepared.
Playing it safe and stressing and trying to get total control over your situation will only result in added stress and not good for health.
I would strongly recommend that people must really come forward and lobby hard for atleast a recapture bill or any other bill. We MUST all start working extremely hard to get our issues resolved and IV is a wonderful platform.
well yes and no. depends on a lot of factors. If there is nothing wrong with your case, you dont have to worry.
Only issue is - getting a denial and applying for MOTIC means spending money and unnecessary tension and if you are out of the country when you get a denial - it gets extremely complicated.
Once preprocessed, there is no reason for USCIS to touch the files until the dates are current so hang in there. Do not stress.
Know what is going on and be prepared.
Playing it safe and stressing and trying to get total control over your situation will only result in added stress and not good for health.
I would strongly recommend that people must really come forward and lobby hard for atleast a recapture bill or any other bill. We MUST all start working extremely hard to get our issues resolved and IV is a wonderful platform.
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inskrish
01-30 09:33 AM
I checked online for my daughter's 485 and it shows approved and document(possibly GC):eek: mailed on 12 Jan. But my status shows RFE stage. Another interesting thing is my daughter got fingerprinting for Jan 15. She has already done fingerprinting with us in Dec 07. Even if it was to be approved for my daughter how it can happen that she goes for FP on 15 Jan and they mailed document. I dont know what is going on. Any suggestions?
Hello,
What is your daughter's online case status for I-485?
Hello,
What is your daughter's online case status for I-485?
more...
yagw
12-08 02:10 AM
I wish I had applied for the EAD. I'm not sure what to do about the DL (we're indeed in CA). I'll try with the DMV and see if they'll renew without the EAD.
thanks!
srini
Good luck. Let me know if you are able to get the DL without EAD.
thanks!
srini
Good luck. Let me know if you are able to get the DL without EAD.
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dilvahabilyeha
06-18 02:24 PM
Hi friends,
Here is what my lawyer sent me! Forwarding to you all so that you can get some idea what they are planning to do. Of Course she is charging me 250$ for this info!. I am sharing this as you have contributed and Will contribute to IV.
------------------Here is the lawyer email---------------------
As you know, you and your wife will be able to file your applications to adjust status to permanent residence in July 2007. You will need to prepare the following for your adjustment applications:
1. Form I-485, Application to Adjust Status. You can find this Form on the Internet here:
http://www.uscis.gov/files/form/i-485.pdf
Please complete this form in draft format for you and your wife. Please write "unknown" instead of leaving questions unanswered.
2. Form G-325, Biographic Information. You can find this Form on the Internet here:
http://www.uscis.gov/files/form/g-325a.pdf
Please complete this form in draft format for you and your wife. Please write "unknown" instead of leaving questions unanswered.
3. Photographs. You and your wife must each have six color photographs taken in accordance with the photo specifications that you will find here:
http://travel.state.gov/passport/guide/composition/composition_874.html
4. Passports, Forms I-94 and Nonimmigrant Visa Documents. Please send us a copy of every page, including any blank pages, of each of your current and any prior passports. Please also include copies (front and back) of each of your Forms I-94. Please make sure that the date and place of entry on the I-94 copies are clearly legible.
5. Birth and Marriage Certificates. Please send us a copy of your and your wife�s birth certificates and of your marriage certificate. If your birth certificates do not contain your name, your date and place of birth, and both of your parents' names, you will probably have to get affidavits from parents or older family members to fill in the blanks. We will review your documents and let you know if affidavits will be needed.
6. Medical Exams. You each must have a medical exam done by a CIS approved physician. It is my understanding that it is already becoming difficult to get appointments with these physicians. You can locate these physicians at this website:
https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV
The exam will include a blood test for AIDS and other diseases, a physical exam, and a skin test, and perhaps a chest x-ray, for tuberculosis. The physician will complete the forms and return them in sealed envelopes. The envelopes must remain sealed.
Immigration law requires that you submit proof of vaccinations with your applications for adjustment of status. You will find the vaccination sheet that the CIS physician must complete and enclose with your medicals here:
http://www.cdc.gov/ncidod/dq/pdf/ti-03/appdx-a_693vacc.pdf
Please take proof of your prior vaccinations to the medical exams. If you do not have proof of prior vaccinations, you will probably have to receive those vaccinations at this time. If that is the case, it may be more cost effective to have the vaccinations done before you go for the examinations and then take evidence of those vaccinations to the CIS physician.
7. Identification Documents. Please send us two color, slightly enlarged copies of your and your wife�s drivers licenses or other photo ID, with the photos as clear as possible.
8. Employment Verification Letter. I will forward a format for this letter to your employer.
---------------------------------------------------------------
Here is what my lawyer sent me! Forwarding to you all so that you can get some idea what they are planning to do. Of Course she is charging me 250$ for this info!. I am sharing this as you have contributed and Will contribute to IV.
------------------Here is the lawyer email---------------------
As you know, you and your wife will be able to file your applications to adjust status to permanent residence in July 2007. You will need to prepare the following for your adjustment applications:
1. Form I-485, Application to Adjust Status. You can find this Form on the Internet here:
http://www.uscis.gov/files/form/i-485.pdf
Please complete this form in draft format for you and your wife. Please write "unknown" instead of leaving questions unanswered.
2. Form G-325, Biographic Information. You can find this Form on the Internet here:
http://www.uscis.gov/files/form/g-325a.pdf
Please complete this form in draft format for you and your wife. Please write "unknown" instead of leaving questions unanswered.
3. Photographs. You and your wife must each have six color photographs taken in accordance with the photo specifications that you will find here:
http://travel.state.gov/passport/guide/composition/composition_874.html
4. Passports, Forms I-94 and Nonimmigrant Visa Documents. Please send us a copy of every page, including any blank pages, of each of your current and any prior passports. Please also include copies (front and back) of each of your Forms I-94. Please make sure that the date and place of entry on the I-94 copies are clearly legible.
5. Birth and Marriage Certificates. Please send us a copy of your and your wife�s birth certificates and of your marriage certificate. If your birth certificates do not contain your name, your date and place of birth, and both of your parents' names, you will probably have to get affidavits from parents or older family members to fill in the blanks. We will review your documents and let you know if affidavits will be needed.
6. Medical Exams. You each must have a medical exam done by a CIS approved physician. It is my understanding that it is already becoming difficult to get appointments with these physicians. You can locate these physicians at this website:
https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV
The exam will include a blood test for AIDS and other diseases, a physical exam, and a skin test, and perhaps a chest x-ray, for tuberculosis. The physician will complete the forms and return them in sealed envelopes. The envelopes must remain sealed.
Immigration law requires that you submit proof of vaccinations with your applications for adjustment of status. You will find the vaccination sheet that the CIS physician must complete and enclose with your medicals here:
http://www.cdc.gov/ncidod/dq/pdf/ti-03/appdx-a_693vacc.pdf
Please take proof of your prior vaccinations to the medical exams. If you do not have proof of prior vaccinations, you will probably have to receive those vaccinations at this time. If that is the case, it may be more cost effective to have the vaccinations done before you go for the examinations and then take evidence of those vaccinations to the CIS physician.
7. Identification Documents. Please send us two color, slightly enlarged copies of your and your wife�s drivers licenses or other photo ID, with the photos as clear as possible.
8. Employment Verification Letter. I will forward a format for this letter to your employer.
---------------------------------------------------------------
more...
waitingmygc
10-09 05:12 PM
CheckRaise,
Had you got audit for your Perm?
If not, then it should be approved by now. Currently, DOL is proccesing December 2008 non audit cases.
Had you got audit for your Perm?
If not, then it should be approved by now. Currently, DOL is proccesing December 2008 non audit cases.
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Achi Goro
11-17 02:54 PM
Hey Guys
I need your help on these issues. My labor certification was filed on October 25th 2006 and had it approved on 5th of November 2006.
Now my employer is ready to file the 1-140 together with 1-1485. My question is, I do not know whether my priority date is current for the filing of these forms.
Looking at the above filing date, can some one brief me on my likely priority date?
The other question is, even though my employer is taking the responsibilty of my filing process, I am paying all the expenses ( be it the Attorney fee as well as other additional fees are being borne by me).
When do you think will be appropriate for me to quit this job after my 1-140 and 1-1485 have been filed? Please advice me on this because my initially promised to pay for all the expenses but denied this after I have taken up the job.
I need your help on these issues. My labor certification was filed on October 25th 2006 and had it approved on 5th of November 2006.
Now my employer is ready to file the 1-140 together with 1-1485. My question is, I do not know whether my priority date is current for the filing of these forms.
Looking at the above filing date, can some one brief me on my likely priority date?
The other question is, even though my employer is taking the responsibilty of my filing process, I am paying all the expenses ( be it the Attorney fee as well as other additional fees are being borne by me).
When do you think will be appropriate for me to quit this job after my 1-140 and 1-1485 have been filed? Please advice me on this because my initially promised to pay for all the expenses but denied this after I have taken up the job.
more...
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ivuser9
04-09 04:05 PM
I think we can be on one visa at any given point of time. either use EAD or H1B.. gurus please clarify
:confused:
:confused:
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rockstart
05-28 10:11 AM
field 11 (have you previously applied for EAD ) there is a column called
"Which USCIS Office" "Date(s)" can some tell me what needs to be filled there? mine was texas center filing.
Also section 16 Eligiblity code is it (c) (9) for both primary applicant as well as spouse (derivative) or different.
Does some one have a mockup sample they can share with others?
"Which USCIS Office" "Date(s)" can some tell me what needs to be filled there? mine was texas center filing.
Also section 16 Eligiblity code is it (c) (9) for both primary applicant as well as spouse (derivative) or different.
Does some one have a mockup sample they can share with others?
more...
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same_old_guy
07-05 04:32 PM
You should be ashamed to use LC subs and bragging about it here. People like you are making the whole things worse. When you get your I-140 rejected you can start nagging about how unfair the system is !!
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Almond
07-17 07:22 PM
Below is a rough checklist I prepared for myself:
1. Six Photographs with name on back in pencil. YES
2. Copy of Birth Certificate with affidavits from Parents. YES
3. Checks for Filing fees. YES
4. Completed forms I-485, G-325A, G-28, I-765 and I-131. YES
5. Color Copies of passports. YES
6. Copy of I-94 both sides. YES
7. Copies of F-1 visa, I-20, OPT EAD and H1B visas. YES
8. Copies of W2s and tax returns for the years 2004, 2005 and 2006. YES
9. Medical examination Report. YES
11. Letter of Employment. YES
12. Copy of EAD and EAD application receipt. YES
13. Bank statement. YES
you need a bank statement!? what for :confused: I will pass out if it turns out I needed to send that in with my application, honest to God.
1. Six Photographs with name on back in pencil. YES
2. Copy of Birth Certificate with affidavits from Parents. YES
3. Checks for Filing fees. YES
4. Completed forms I-485, G-325A, G-28, I-765 and I-131. YES
5. Color Copies of passports. YES
6. Copy of I-94 both sides. YES
7. Copies of F-1 visa, I-20, OPT EAD and H1B visas. YES
8. Copies of W2s and tax returns for the years 2004, 2005 and 2006. YES
9. Medical examination Report. YES
11. Letter of Employment. YES
12. Copy of EAD and EAD application receipt. YES
13. Bank statement. YES
you need a bank statement!? what for :confused: I will pass out if it turns out I needed to send that in with my application, honest to God.
more...
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gc_dreamer_485
10-04 03:17 PM
Hi Folks,
I had applied for AOS,EAD and AP for me and my wife on July 2nd.
I got my EAD, Finger Printing Notification, but my wife's application got returned on Aug 30th. I called USCIS after 3 months to find out status on her case and they said it was returned on Aug 30th which we haven't received so far. The reason for rejection was incorrect or missing check.:(
So, can please any one tell me if i can re-apply her case even though i did not get her application back?
Any information on this will be greatly appreciated.
Thanks a lot
gc_dreamer_485
I had applied for AOS,EAD and AP for me and my wife on July 2nd.
I got my EAD, Finger Printing Notification, but my wife's application got returned on Aug 30th. I called USCIS after 3 months to find out status on her case and they said it was returned on Aug 30th which we haven't received so far. The reason for rejection was incorrect or missing check.:(
So, can please any one tell me if i can re-apply her case even though i did not get her application back?
Any information on this will be greatly appreciated.
Thanks a lot
gc_dreamer_485
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lifestrikes
05-31 10:17 PM
Before the Neufled Memo, self H1B sponsorship was possible, but now you will not be able to prove employer-employee relationship.
If you happen to find a way, let me know.
If you happen to find a way, let me know.
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pappu
07-06 10:44 AM
Nope not possible as of now. Lawsuit is specific to visa bulletin issue.
rajeshalex
09-20 01:31 AM
Hi Modi,
If u plan in 3 months prior and if u dont travel during the peak times you should get a good deal from anyone. Peak time is when school closes in US and Dec 10 to Jan 20.
And get quotes from one or 2 agents and check the airline website. This should give u a good starting point
Rajesh
If u plan in 3 months prior and if u dont travel during the peak times you should get a good deal from anyone. Peak time is when school closes in US and Dec 10 to Jan 20.
And get quotes from one or 2 agents and check the airline website. This should give u a good starting point
Rajesh
k3GC
11-11 11:21 AM
Please check this post by murthy on Non 09, 2007
http://www.murthy.com/news/n_nupush.html
On October 23, 2007, sixteen members of the New Democrat Coalition, led by the Speaker of the U.S. House of Representatives, Nancy Pelosi, requested that "the House take action this year to resolve the immediate talent crisis that is facing U.S. employers." The group is pushing for reform that would increase H1B and employment based permanent residence, or "green card" quotas, before Congress adjourns this year.
Any IV updates on this ?
Yet again we have H1B and GC issues together , does this mean there is no chance that this would succeed ?
http://www.murthy.com/news/n_nupush.html
On October 23, 2007, sixteen members of the New Democrat Coalition, led by the Speaker of the U.S. House of Representatives, Nancy Pelosi, requested that "the House take action this year to resolve the immediate talent crisis that is facing U.S. employers." The group is pushing for reform that would increase H1B and employment based permanent residence, or "green card" quotas, before Congress adjourns this year.
Any IV updates on this ?
Yet again we have H1B and GC issues together , does this mean there is no chance that this would succeed ?
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