chandrajp
08-15 03:56 PM
Did you use AC21? how long ago you applied for 485?
Yes, I used. But I did not inform USCIS when I switched jobs. The problem happened with my old employer's employment. It did not give good description of my job duties. That is the reason IO asked for the latest employment letter. I sent latest employment letter and three latest pay stubs and I think attorney might have attached a covering letter. After USCIS received on 06/19, I got approved on 06/29 this year
Yes, I used. But I did not inform USCIS when I switched jobs. The problem happened with my old employer's employment. It did not give good description of my job duties. That is the reason IO asked for the latest employment letter. I sent latest employment letter and three latest pay stubs and I think attorney might have attached a covering letter. After USCIS received on 06/19, I got approved on 06/29 this year
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martinvisalaw
07-17 11:42 AM
By "Training" did you mean "Filing"?
Otherwise it does not make any sense.
There are 3 possible fees that need to be paid to USCIS when filing a H-1B petition:
$320 I-129 fee
$1500/$750 training fee (as it's usually called)
$500 anti-fraud fee.
Otherwise it does not make any sense.
There are 3 possible fees that need to be paid to USCIS when filing a H-1B petition:
$320 I-129 fee
$1500/$750 training fee (as it's usually called)
$500 anti-fraud fee.
raysaikat
09-13 03:56 PM
Hello,
I have a question about obtaining and O-1 visa (or possibly EB-1 Green Card). I did hire an attorney , but would like another look at the situation.
I am a musician, about 2 months after the end of OPT, presently in USA, with a PhD and many awards so I should qualify for O-1.
Unless you have won a grammy or a similar award, you do not necessarily qualify. Here are the requirement from USCIS:
1. Nomination for and/or recipient of significant national or international awards or prizes in his/her field (e.g. Academy, Emmy, Grammy, or Director’s Guild Award)
OR
• At least three of the following apply to him/her:
o Performed a lead, starring or critical role for organizations and establishments of distinguished reputation.
o A record of major commercial or critically acclaimed success.
o Received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the alien’s field.
o Commands/ed high salary or other remuneration for services as compared to others in the alien’s field.
o Other comparable evidence
Aliens in the Motion Picture or TV Industry
The type of evidence that is required to establish “extraordinary achievement” in the motion picture or TV industry is in some ways similar to the type of evidence submitted to show “extraordinary ability” in the arts. The standard that must be met, however, is higher. To establish “extraordinary ability in the arts” it is enough to show a high level of achievement. For “extraordinary achievement in the motion picture or TV industry” a very high level of accomplishment is required.
When you file your petition, you must try to provide evidence of as many categories as possible. Usually the point is that what you have achieved is not *usual*. E.g., *winning* an assistantship in your graduate school does not count.
As advised, I needed an employer to sponsor the visa. My attorney suggested that Part-time is not recommendable at all. I researched and could not find if the position need to be necessarily Full-time? I have only a part time job currently and many freelancing opportunities.
Also, since the nature of my profession is freelancing (meaning I need to perform, teach...on many different places), can I be self-employed for O-1?
O-1 is the employer's petition, not yours. So you do need to have an employer. However, if you can prove that your field is traditionally self-employed, then you can have a US agent. I do not know what is a US agent; ask your lawyer.
We already filed the petition for O-1 (with the part-time employer as a sponsor) and the current status is: Additional Information/Proof Needed. We still don't have the letter stating what is needed, but I worry it's not a good sign. What do you think?
And lastly, IF it happens that O-1 is not approved, can I still apply for EB-1 Green Card?
Thank you for your answers!
EB-1 petition (assuming it is the EB-1A) standards are as follows. They are very similar to O-1 and stricter, however, legally EB1-A requirements are independent of O-1 requirement (i.e., you cannot argue that if your O-1 is approved, then EB1-A must also be approved with the same set of evidences):
Aliens with extraordinary ability are those with "extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation." You must be one of "that small percentage who have risen to the very top of the field of endeavor," to be granted this classification. For example, if you receive a major internationally recognized award, such as a Nobel Prize, you will qualify for an EB-1 classification. Other awards may also qualify if you can document that the award is in the same class as a Nobel Prize. Since few workers receive this type of award, alternative evidence of EB-1 classification based on at least three of the types of evidence outlined below, is permitted. The worker may submit "other comparable evidence" if the following criteria do not apply:
Receipt of lesser nationally or internationally recognized prizes or awards for excellence;
Membership in associations in the field which demand outstanding achievement of their members; [It is not sufficient to be a member of an organization where you are member just by the virtue of your profession, or just because you cared to apply]
Published material about the alien in professional or major trade publications or other major media;
Evidence that the alien has judged the work of others, either individually or on a panel; [Grading your student's work does not count! If you are a judge in American Idol, Project Runway, etc., those would definitely count]
Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;
Evidence of the alien's authorship of scholarly articles in professional or major trade publications or other major media;
Evidence that the alien's work has been displayed at artistic exhibitions or showcases;
Performance of a leading or critical role in distinguished organizations;
Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field;
Evidence of commercial successes in the performing arts.
I have a question about obtaining and O-1 visa (or possibly EB-1 Green Card). I did hire an attorney , but would like another look at the situation.
I am a musician, about 2 months after the end of OPT, presently in USA, with a PhD and many awards so I should qualify for O-1.
Unless you have won a grammy or a similar award, you do not necessarily qualify. Here are the requirement from USCIS:
1. Nomination for and/or recipient of significant national or international awards or prizes in his/her field (e.g. Academy, Emmy, Grammy, or Director’s Guild Award)
OR
• At least three of the following apply to him/her:
o Performed a lead, starring or critical role for organizations and establishments of distinguished reputation.
o A record of major commercial or critically acclaimed success.
o Received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the alien’s field.
o Commands/ed high salary or other remuneration for services as compared to others in the alien’s field.
o Other comparable evidence
Aliens in the Motion Picture or TV Industry
The type of evidence that is required to establish “extraordinary achievement” in the motion picture or TV industry is in some ways similar to the type of evidence submitted to show “extraordinary ability” in the arts. The standard that must be met, however, is higher. To establish “extraordinary ability in the arts” it is enough to show a high level of achievement. For “extraordinary achievement in the motion picture or TV industry” a very high level of accomplishment is required.
When you file your petition, you must try to provide evidence of as many categories as possible. Usually the point is that what you have achieved is not *usual*. E.g., *winning* an assistantship in your graduate school does not count.
As advised, I needed an employer to sponsor the visa. My attorney suggested that Part-time is not recommendable at all. I researched and could not find if the position need to be necessarily Full-time? I have only a part time job currently and many freelancing opportunities.
Also, since the nature of my profession is freelancing (meaning I need to perform, teach...on many different places), can I be self-employed for O-1?
O-1 is the employer's petition, not yours. So you do need to have an employer. However, if you can prove that your field is traditionally self-employed, then you can have a US agent. I do not know what is a US agent; ask your lawyer.
We already filed the petition for O-1 (with the part-time employer as a sponsor) and the current status is: Additional Information/Proof Needed. We still don't have the letter stating what is needed, but I worry it's not a good sign. What do you think?
And lastly, IF it happens that O-1 is not approved, can I still apply for EB-1 Green Card?
Thank you for your answers!
EB-1 petition (assuming it is the EB-1A) standards are as follows. They are very similar to O-1 and stricter, however, legally EB1-A requirements are independent of O-1 requirement (i.e., you cannot argue that if your O-1 is approved, then EB1-A must also be approved with the same set of evidences):
Aliens with extraordinary ability are those with "extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation." You must be one of "that small percentage who have risen to the very top of the field of endeavor," to be granted this classification. For example, if you receive a major internationally recognized award, such as a Nobel Prize, you will qualify for an EB-1 classification. Other awards may also qualify if you can document that the award is in the same class as a Nobel Prize. Since few workers receive this type of award, alternative evidence of EB-1 classification based on at least three of the types of evidence outlined below, is permitted. The worker may submit "other comparable evidence" if the following criteria do not apply:
Receipt of lesser nationally or internationally recognized prizes or awards for excellence;
Membership in associations in the field which demand outstanding achievement of their members; [It is not sufficient to be a member of an organization where you are member just by the virtue of your profession, or just because you cared to apply]
Published material about the alien in professional or major trade publications or other major media;
Evidence that the alien has judged the work of others, either individually or on a panel; [Grading your student's work does not count! If you are a judge in American Idol, Project Runway, etc., those would definitely count]
Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;
Evidence of the alien's authorship of scholarly articles in professional or major trade publications or other major media;
Evidence that the alien's work has been displayed at artistic exhibitions or showcases;
Performance of a leading or critical role in distinguished organizations;
Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field;
Evidence of commercial successes in the performing arts.
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mariner5555
02-08 09:05 AM
my first EAD expires on aug 16 2008. should I file for new one 180 days before or is it 120 before expiry.
is it better to efile for the above extension or by mail. I guess a lawyer is not needed for the above - am I right ? Thanks in advance !
is it better to efile for the above extension or by mail. I guess a lawyer is not needed for the above - am I right ? Thanks in advance !
more...
MissionImpossibleGC
08-23 03:33 PM
I lost the hope of GC after working 10 years in US because my GC is not approving.
Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.
Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.
cinqsit
12-10 03:12 PM
rubaru,
Congratulations!
Did you open a SR, Infopass or POJ to find out about missing fingerprints ?
Just curious
Thanks
cinqsit
Congratulations!
Did you open a SR, Infopass or POJ to find out about missing fingerprints ?
Just curious
Thanks
cinqsit
more...
rnanchal
02-05 03:46 PM
Please email me your details, I may be able to get you an observership spot. I do not promise, but I will try
2010 Curtis Stone Girlfriend
ssnd03
08-03 04:17 PM
This is the latest on my LIN number ...
Response to request for evidence received, and case processing has resumed.
What does it mean ... Any Ideas folks ...
RFE accepted... so chill and relax and have a good weekend
Response to request for evidence received, and case processing has resumed.
What does it mean ... Any Ideas folks ...
RFE accepted... so chill and relax and have a good weekend
more...
GCcomesoon
03-16 03:54 PM
Hi
It seems like we all have to wait till march 27th to understand the impact .Please make us understand how this makes good news for legal immigrants.There is no mention of any thing here.Frankly in the last 10 days after this bill started getting discussed, we have hardly heard anyone speaking about us.Its only guest worker,illegal immigration,border security.
Its not being pessimistic here ,Please give us some realistic picture.
We all understand & appreciate each other efforts,time,money spend in this cause.Especially hats off to Voice team.
Lets hope we all the see the fruits of "labor" soon
Thanks
GCcomesoon
__________________________________________________ _______________
pilid
Junior Member Join Date: Mar 2006
Posts: 3
--------------------------------------------------------------------------------
Not to be pessimist but I tend to agree with learning01 that Nothing is going to happen. This is election year and it will be difficult to get such sweeping and comprehensive legislation passed. Having said all this, I will continue to support IV as I think these efforts will eventually pay off.
learning01, I laud your efforts. However, I am not sure what incentive any employer has to really help with this cause. Sure worth trying though.
Quote:
Originally Posted by learning01
Newt said Nothing is going to happen on this Specter or any other immigration bills in Senate. The conference with House will not agree to anything.
I also sincerely believe that Nothing is going to happen I say, these senators are doing CYAs; they will bitch it to media, their constituents, hey look, we did attempt these immigration reforms.
I am talking from my long experience and wisdom and take it from me. The only force that can improve the pitiable conditions of Indian and Chinese due to retrogression and lack of visa numbers is the big corporate employers . Each one whose LC is approved, whose I-140 is approved, who is waiting to file for adjustment of status AND who are indispensable to the employer / work at this stage should write to the HR/ Immigration/ Attorney.
I am in such a position. I am a technical lead in my IT department. PD Nov 2001. I write about these issues and the difficulties once in a month my team manager, or project manager or Immigration department.
pilid
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#14 Today, 09:18 PM
beppenyc
Senior Member Join Date: Jan 2006
Posts: 51
--------------------------------------------------------------------------------
I tend to agree too that nothing will happen, too much talking, too much BS, but, I can only hope that the republicans know that they can loose the house control, so, maybe they will prefer to have something more conservative than nothing.
beppenyc
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#15 Today, 09:43 PM
ragz4u
Super Moderator Join Date: Dec 2005
Posts: 183
Looks like the committee has brokered a deal :)
--------------------------------------------------------------------------------
Quote:
Originally Posted by beppenyc
I tend to agree too that nothing will happen, too much talking, too much BS, but, I can only hope that the republicans know that they can loose the house control, so, maybe they will prefer to have something more conservative than nothing.
Check out the following article from the OC register here http://www.ocregister.com/ocregister...le_1053340.php
If this is true, this seems to be good news for us. The McCain Kennedy bill is the most pro-immigrant of the bills and if thats what becomes the Comprehensive Immigration Bill, we all might end up happy!
WASHINGTON – The Senate Judiciary Committee today reached agreement on proposals for a new guest-worker program and a plan to allow the estimated 12 million illegal immigrants living in the United States to become permanent residents.
Less than 24 hours after most experts and Capitol Hill watchers believed the committee would be unable to get a bill to the Senate floor by Majority Leader Bill Frist's March 27 deadline, committee Chairman Arlen Specter had brokered deals between some key senators on the complex issue.
No formal votes were taken and committee staffs were preparing to spend the next 10 days drafting language that would put in place the compromises reached. It appeared that at least a dozen of the 18 members on the panel would be prepared to back this deal. The committee plans to meet first thing in the morning on March 27. It is not yet known whether Frist will allow the panel to finish and send its bill to the Senate floor or if he still plans to bring up a more limited, possibly enforcement-only measure.
But even if nothing scuttles the compromise between now and when lawmakers get back from recess, and if the Senate passes a bill with these elements, there would remain a steep battle to get agreement from the House. The House passed an enforcement-based measure in December that doesn't include a guest-worker program or a plan for undocumented immigrants in the United States now.
Early this afternoon, Frist announced his intention to introduce a bill before next week’s recess that would deal with enforcement of immigration laws but will not include any of the controversial guest-worker or illegal immigrant provisions. Officials in Frist’s office say he is doing this to ensure that there is a bill ready on the floor if the committee fails to pass one. If Specter does get a bill out of committee, said Frist press secretary Amy Call, that could be substituted for the majority leader’s measure.
The most likely scenario, said ardent supporters of immigration reform who were pleasantly stunned by today's events, is that this will end in a stalemate, only to be brought up again in the next Congress. But they say it's important that the Senate go on record as supporting comprehensive change.
For the first time, Specter, R-Pa., who said he spent hours on the phone last night with Sen. Edward Kennedy, D-Mass., agreed to Kennedy's plan to deal with the estimated 12 million illegal immigrants. Specter would have allowed these people to work indefinitely but not get green cards. Kennedy wanted to give them a path to legalization.
Specter agreed this morning with Kennedy's approach, provided that these illegal immigrants would not be able to start legalization proceedings until the backlog of 3 million people now waiting in countries around the world for their chance to come to the United States legally get their green cards.
The deal reached on a new guest-worker plan says that 400,000 new guest workers would be allowed into the country each year. Under the proposal authored by Kennedy and Sen. John McCain, R-Ariz., that number would have been unlimited. But Kennedy, a senior member of the Judiciary Committee, agreed to a cap and also agreed that after working for two years, these new guest workers would have to go back to their home countries and reapply for another stint as guest workers, one that could last up to six years. But first they'd have to stay in their home countries for one year.
Built into this compromise, however, is a chance for these workers to get a waiver and not go home based on how long they have been employed here or if they are considered essential to a U.S. employer's business.
The plan also allows guest workers to apply for permanent U.S. residency, something not included in either Specter's bill or the other major proposal under consideration, the bill by Sens. John Cornyn, R-Texas and Jon Kyl, R-Ariz.
Kennedy essentially compromised with Cornyn, who chairs the immigration subcommittee. The deal takes parts of each of their proposals.
Not all members of the committee agreed with these compromises.
Kyl said he still believed the illegal immigrants would get preference over those waiting legally in line overseas because the undocumented would be able to stay in the U.S. and work until their turn at a green card came. Those waiting to come here legally don't have that option, he said.
And several committee members most opposed to a guest-worker program – most notably Sen. Jeff Sessions, R-Ala., were not at this morning's session.
__________________________________________________ _______________
It seems like we all have to wait till march 27th to understand the impact .Please make us understand how this makes good news for legal immigrants.There is no mention of any thing here.Frankly in the last 10 days after this bill started getting discussed, we have hardly heard anyone speaking about us.Its only guest worker,illegal immigration,border security.
Its not being pessimistic here ,Please give us some realistic picture.
We all understand & appreciate each other efforts,time,money spend in this cause.Especially hats off to Voice team.
Lets hope we all the see the fruits of "labor" soon
Thanks
GCcomesoon
__________________________________________________ _______________
pilid
Junior Member Join Date: Mar 2006
Posts: 3
--------------------------------------------------------------------------------
Not to be pessimist but I tend to agree with learning01 that Nothing is going to happen. This is election year and it will be difficult to get such sweeping and comprehensive legislation passed. Having said all this, I will continue to support IV as I think these efforts will eventually pay off.
learning01, I laud your efforts. However, I am not sure what incentive any employer has to really help with this cause. Sure worth trying though.
Quote:
Originally Posted by learning01
Newt said Nothing is going to happen on this Specter or any other immigration bills in Senate. The conference with House will not agree to anything.
I also sincerely believe that Nothing is going to happen I say, these senators are doing CYAs; they will bitch it to media, their constituents, hey look, we did attempt these immigration reforms.
I am talking from my long experience and wisdom and take it from me. The only force that can improve the pitiable conditions of Indian and Chinese due to retrogression and lack of visa numbers is the big corporate employers . Each one whose LC is approved, whose I-140 is approved, who is waiting to file for adjustment of status AND who are indispensable to the employer / work at this stage should write to the HR/ Immigration/ Attorney.
I am in such a position. I am a technical lead in my IT department. PD Nov 2001. I write about these issues and the difficulties once in a month my team manager, or project manager or Immigration department.
pilid
View Public Profile
Send a private message to pilid
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Find all posts by pilid
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#14 Today, 09:18 PM
beppenyc
Senior Member Join Date: Jan 2006
Posts: 51
--------------------------------------------------------------------------------
I tend to agree too that nothing will happen, too much talking, too much BS, but, I can only hope that the republicans know that they can loose the house control, so, maybe they will prefer to have something more conservative than nothing.
beppenyc
View Public Profile
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#15 Today, 09:43 PM
ragz4u
Super Moderator Join Date: Dec 2005
Posts: 183
Looks like the committee has brokered a deal :)
--------------------------------------------------------------------------------
Quote:
Originally Posted by beppenyc
I tend to agree too that nothing will happen, too much talking, too much BS, but, I can only hope that the republicans know that they can loose the house control, so, maybe they will prefer to have something more conservative than nothing.
Check out the following article from the OC register here http://www.ocregister.com/ocregister...le_1053340.php
If this is true, this seems to be good news for us. The McCain Kennedy bill is the most pro-immigrant of the bills and if thats what becomes the Comprehensive Immigration Bill, we all might end up happy!
WASHINGTON – The Senate Judiciary Committee today reached agreement on proposals for a new guest-worker program and a plan to allow the estimated 12 million illegal immigrants living in the United States to become permanent residents.
Less than 24 hours after most experts and Capitol Hill watchers believed the committee would be unable to get a bill to the Senate floor by Majority Leader Bill Frist's March 27 deadline, committee Chairman Arlen Specter had brokered deals between some key senators on the complex issue.
No formal votes were taken and committee staffs were preparing to spend the next 10 days drafting language that would put in place the compromises reached. It appeared that at least a dozen of the 18 members on the panel would be prepared to back this deal. The committee plans to meet first thing in the morning on March 27. It is not yet known whether Frist will allow the panel to finish and send its bill to the Senate floor or if he still plans to bring up a more limited, possibly enforcement-only measure.
But even if nothing scuttles the compromise between now and when lawmakers get back from recess, and if the Senate passes a bill with these elements, there would remain a steep battle to get agreement from the House. The House passed an enforcement-based measure in December that doesn't include a guest-worker program or a plan for undocumented immigrants in the United States now.
Early this afternoon, Frist announced his intention to introduce a bill before next week’s recess that would deal with enforcement of immigration laws but will not include any of the controversial guest-worker or illegal immigrant provisions. Officials in Frist’s office say he is doing this to ensure that there is a bill ready on the floor if the committee fails to pass one. If Specter does get a bill out of committee, said Frist press secretary Amy Call, that could be substituted for the majority leader’s measure.
The most likely scenario, said ardent supporters of immigration reform who were pleasantly stunned by today's events, is that this will end in a stalemate, only to be brought up again in the next Congress. But they say it's important that the Senate go on record as supporting comprehensive change.
For the first time, Specter, R-Pa., who said he spent hours on the phone last night with Sen. Edward Kennedy, D-Mass., agreed to Kennedy's plan to deal with the estimated 12 million illegal immigrants. Specter would have allowed these people to work indefinitely but not get green cards. Kennedy wanted to give them a path to legalization.
Specter agreed this morning with Kennedy's approach, provided that these illegal immigrants would not be able to start legalization proceedings until the backlog of 3 million people now waiting in countries around the world for their chance to come to the United States legally get their green cards.
The deal reached on a new guest-worker plan says that 400,000 new guest workers would be allowed into the country each year. Under the proposal authored by Kennedy and Sen. John McCain, R-Ariz., that number would have been unlimited. But Kennedy, a senior member of the Judiciary Committee, agreed to a cap and also agreed that after working for two years, these new guest workers would have to go back to their home countries and reapply for another stint as guest workers, one that could last up to six years. But first they'd have to stay in their home countries for one year.
Built into this compromise, however, is a chance for these workers to get a waiver and not go home based on how long they have been employed here or if they are considered essential to a U.S. employer's business.
The plan also allows guest workers to apply for permanent U.S. residency, something not included in either Specter's bill or the other major proposal under consideration, the bill by Sens. John Cornyn, R-Texas and Jon Kyl, R-Ariz.
Kennedy essentially compromised with Cornyn, who chairs the immigration subcommittee. The deal takes parts of each of their proposals.
Not all members of the committee agreed with these compromises.
Kyl said he still believed the illegal immigrants would get preference over those waiting legally in line overseas because the undocumented would be able to stay in the U.S. and work until their turn at a green card came. Those waiting to come here legally don't have that option, he said.
And several committee members most opposed to a guest-worker program – most notably Sen. Jeff Sessions, R-Ala., were not at this morning's session.
__________________________________________________ _______________
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akred
07-25 02:40 AM
Go ahead and start the process if the company is willing to do it. Ultimately, the DOL, not the employer, will decide whether to deny the LC, certify it or sit on it for 5 years before certifying it.
more...
transpass
04-23 09:34 AM
Pardon my ignorance...But I thought you need to sign the labor form before you submit. If you have signed it, how does it fly trying to sue the lawyer? Aren't you responsible for double checking before it is filed?
Or due to new PERM stuff, you don't get to see the labor form and don't get to sign any paperwork?
Or due to new PERM stuff, you don't get to see the labor form and don't get to sign any paperwork?
hot Apprentice | Curtis Stone
mss007
07-21 04:36 PM
My H1B approved in June 2005 (Renewal) and it was until June 2008, now it is showing Case received and Pending :eek: don't know the reason.
I got other H1B in Feb 2006 (H1 transfer) but this is fine.... So I didn't care that one.
I think these are system issues so don't worry....................
Let us know if again any changes on your I140..
~
ss
I got other H1B in Feb 2006 (H1 transfer) but this is fine.... So I didn't care that one.
I think these are system issues so don't worry....................
Let us know if again any changes on your I140..
~
ss
more...
house girlfriend Curtis Stone#39;s
arunmohan
07-29 05:39 PM
Did anyone ask about EB3-India backlog?
tattoo girlfriend Curtis Stone - 2011
swamy
11-27 04:08 PM
The moment one loses a job - technically the H1 status is lost. You can continue to stay here and look for a job under the Attorney General's authorization (AoS pending i.e) but USCIS is apparently counting it against the 180 days out of status that one can be for 245(k) purposes. So, as someone already said, if your approved 140 isn't revoked within 180 days and your 485 isn't adjudicated as well, you are ok. You may want to find a job soon though so you don't have trouble transferring your H1 or you may have to begin using your EAD and AP for travel etc
more...
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rbalaji5
02-10 01:19 AM
Thanks all for the very useful informations. Yes - I called the DI office today. As per their instruction, booked the infopass appointment for SFO. I will update the result soon.
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ashshef
09-11 05:49 PM
There seems to be two waiting with PD 2003??? who are these people and what is their issue?? please let us know what your problem is? People with PD early 2005 are being aproved and you are still waiting? does not make any sense. You need to do something.
It's possible they are porting cases, and if the port was recent, it might take a little more time to process. Would be nice to hear from them...they might be the same folks who have posted on the other thread.
I think a lot of people who port don't wanna write as it causes some folks on these forums to start cursing.
It's possible they are porting cases, and if the port was recent, it might take a little more time to process. Would be nice to hear from them...they might be the same folks who have posted on the other thread.
I think a lot of people who port don't wanna write as it causes some folks on these forums to start cursing.
more...
makeup We certainly know that Curtis
keepwalking
05-20 01:44 PM
Can you please let me know which service center (Texas or Nebraska) processed yours and your wife's I485 application.
If you don't mind can you please let me know how long it took to receive I-485 receipt notice and Finger print notice (for your wife).
My situation is
Priority date is 08/01/06 (EB2). Becoming current on June 1st 2011. Need to add my wife as dependent to my green card process (she is in US in H4 status now). Texas Service Center is processing my I-485.
I just finished doing that (in March) my lawyer only filed 485 for my spouse, once the documents for her were received by USCIS, we sent a interfiling letter to use I140 from Eb2 for my 485.
I got approved in 3 days after they received their letter and my wife got her GC in 2 months.
Good Luck
If you don't mind can you please let me know how long it took to receive I-485 receipt notice and Finger print notice (for your wife).
My situation is
Priority date is 08/01/06 (EB2). Becoming current on June 1st 2011. Need to add my wife as dependent to my green card process (she is in US in H4 status now). Texas Service Center is processing my I-485.
I just finished doing that (in March) my lawyer only filed 485 for my spouse, once the documents for her were received by USCIS, we sent a interfiling letter to use I140 from Eb2 for my 485.
I got approved in 3 days after they received their letter and my wife got her GC in 2 months.
Good Luck
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trueguy
08-11 02:46 PM
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KanME
12-26 12:15 PM
Thanks for reply... that clears things a little. :)
xbohdpukc
09-25 02:45 PM
If this is derivative, then how come H1 obtained should be counted towards H4. H1 is standalone and should not be counted.
Again, my wife is on H4 for 6 years and I did not get into 485 stage. Now she wants to go to India and come back after a one year break. If she comes back after a year on new H1, it would be fine for her. If she come back on H4, can she get a H1 after one year?
Any idea, whether this is possible?
Ur missing the point.
The number after the letter, which stands for the classification category is pretty much irrelevant for the purpose of determining the maximum period of stay. You might notice that in many publications USCIS addresses visitors to the US as being in B, H or L status, omitting the #.
As long as your wife maintains her H4 status properly (providing you maintain your H1 status) and as long as she possess necessary travel documents she is free to enter and exit the country.
As far as I understand she will not have any legal problem obtaining an H1 visa after staying out of the country for a year, as long as the visa # is available, she has a job offer etc.
But I do not believe that her H status clock will reset if she leaves the country for a year, then enter in H4 status (which is still a derivative and tied to your principal H status clock). Therefore she will not be able to change her status to that of H1.
Again, it's a pretty complicated matter and you might want to consult an experienced lawyer.
Again, my wife is on H4 for 6 years and I did not get into 485 stage. Now she wants to go to India and come back after a one year break. If she comes back after a year on new H1, it would be fine for her. If she come back on H4, can she get a H1 after one year?
Any idea, whether this is possible?
Ur missing the point.
The number after the letter, which stands for the classification category is pretty much irrelevant for the purpose of determining the maximum period of stay. You might notice that in many publications USCIS addresses visitors to the US as being in B, H or L status, omitting the #.
As long as your wife maintains her H4 status properly (providing you maintain your H1 status) and as long as she possess necessary travel documents she is free to enter and exit the country.
As far as I understand she will not have any legal problem obtaining an H1 visa after staying out of the country for a year, as long as the visa # is available, she has a job offer etc.
But I do not believe that her H status clock will reset if she leaves the country for a year, then enter in H4 status (which is still a derivative and tied to your principal H status clock). Therefore she will not be able to change her status to that of H1.
Again, it's a pretty complicated matter and you might want to consult an experienced lawyer.
canmt
11-07 07:20 AM
If you do not inform USCIS there is considerable risk you will be taking if your I-140 gets revoked and subsequent RFE do not get into your hands in time.
You will have to write a simple letter stating your intent to change employer and support it with your offer letter and pending I-485 receipt. Usually, the offer letters from employers don't go into details of job duties in such cases you'll get a RFE to obtain a letter from your current employer stating your job duties. You can respond to that RFE and be rest assured that it will go into USCIS system and forget worrying about I-140 revocation for rest of your life or for that matter changing employers.
If you think your lawyer can play foul with your green card prospects. This is the right time to submit AC21 with a new G-28 so the new lawyer will get all future correspondence from USCIS otherwise you'll have to go through whole lot of trouble to get a copy of the RFE and respond to it on time.
I hope this helps and good luck on your green card pursuit...
You will have to write a simple letter stating your intent to change employer and support it with your offer letter and pending I-485 receipt. Usually, the offer letters from employers don't go into details of job duties in such cases you'll get a RFE to obtain a letter from your current employer stating your job duties. You can respond to that RFE and be rest assured that it will go into USCIS system and forget worrying about I-140 revocation for rest of your life or for that matter changing employers.
If you think your lawyer can play foul with your green card prospects. This is the right time to submit AC21 with a new G-28 so the new lawyer will get all future correspondence from USCIS otherwise you'll have to go through whole lot of trouble to get a copy of the RFE and respond to it on time.
I hope this helps and good luck on your green card pursuit...
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