bhatt
04-02 02:21 PM
I did it online on 3/21/09 and got approved for me and my wife on 3/31/09. 10 days total turn around! I was amazed to see USCIS's efficiency on cases filed online. I heard the opposite that if you file online it was taking long time. Mine was at NSC
For TSC paper filing is faster than eletronic filing;).
For TSC paper filing is faster than eletronic filing;).
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beautifulMind
11-25 05:36 PM
The only difference is if you work for the univ on a cap exempt H1b and than transfer to industry on a cap H1b then you would have to go through the lottery or masters quoto whatever applies...however there is a loophole in this and I have read somewhere that when you apply for a transfer for a cap exempt to cap subject USCIS have goofed up and let it go through
phillyag
05-19 03:10 PM
Yates memo dated May 12, 2005 - is it still valid and has there been any change to it since its out ?
I want to specifically focus on the following question:
Question 8. Can an alien port to self-employment under INA � 204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
Does this still hold good ? And if it does can someone help me understand the criteria mentioned here. Too much of technical jargon
I want to specifically focus on the following question:
Question 8. Can an alien port to self-employment under INA � 204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
Does this still hold good ? And if it does can someone help me understand the criteria mentioned here. Too much of technical jargon
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s416504
11-10 02:49 PM
It is always good to maintain L1A status. I think best way to apply your L1A extention under premium & family under normal. I think premium fee is only for primary application & not dependent. If anything goes wrong with I140, you will be ground zero on status. In that case, You may have to leave the country immediately.
more...
anoop4real
11-23 02:13 AM
Hi,
My employer has initiated my H1 B visa for our client which is a telecom giant. I was denied H1B with the reason that I am a Mechanical Engineer. The document says that as a mechanical engineer I need 6yrs exp. I already have more than 4yrs exp in IT. The thing which wonders me is that, 2 of my engineering classmates got their H1 approved. Is there any clause which says about this. Please help me.
Thanks,
-Anoop
My employer has initiated my H1 B visa for our client which is a telecom giant. I was denied H1B with the reason that I am a Mechanical Engineer. The document says that as a mechanical engineer I need 6yrs exp. I already have more than 4yrs exp in IT. The thing which wonders me is that, 2 of my engineering classmates got their H1 approved. Is there any clause which says about this. Please help me.
Thanks,
-Anoop
crazyghoda
02-13 03:27 PM
It may be operated by the SSA but then how does it know that the EAD you have submitted is genuine and is valid for work? There has got to be a real time call to the USCIS systems to validate that the EAD is genuine. Now common sense would say that it should just be a read only query returning a Yes/No response, but then the USCIS has probably overengineered it just as I am probably overthinking the situation. :D
Oh well... first happy weekend after being employed again. Looking forward to going out for a nice dinner for Valentine's Day, splurge a bit and do my part to recharge the economy so more laid off immigrants like me can get jobs.
Peace to all .... even Sen. Whatzisname !!
Oh well... first happy weekend after being employed again. Looking forward to going out for a nice dinner for Valentine's Day, splurge a bit and do my part to recharge the economy so more laid off immigrants like me can get jobs.
Peace to all .... even Sen. Whatzisname !!
more...
waiting for GC2010
11-18 12:01 PM
is it? I am not aware of this.Anyways thankyou fide_champ.
2010 Here I am with my new hair!
roseball
10-18 12:34 PM
a) Can I move to a different company now? Since my H1 extension is based on I-140 approval, I am not sure if this can be used to transfer to new company.
Yes, you can find another employer willing to hire you and sponsor your H1. Since you have an approved I-140, your new employer can use a copy of your I-140 approval notice and get a fresh 3 yr H1 extension
b) When I do a H1 transfer now, Will I get my H1 date till Apr 2012 as per my current H1 approval notice or just for the few more months I had on my original H1B?
You will get a 3 yr H1 extension
c) What will happen to my labor and I-140 after my H1 transfer? My labor was originally applied in EB3 category. Can I file a new one in EB2 category after transferring to the new company?
You cannot directly file your I-485 when your PD is current if you change employers. Your new employer has to start the process all over again from scratch (in any category depending on your job requirement). New employer will have to file PERM/I-140 but can use your old EB-3 PD from the I-140 approval to file I-485.
Yes, you can find another employer willing to hire you and sponsor your H1. Since you have an approved I-140, your new employer can use a copy of your I-140 approval notice and get a fresh 3 yr H1 extension
b) When I do a H1 transfer now, Will I get my H1 date till Apr 2012 as per my current H1 approval notice or just for the few more months I had on my original H1B?
You will get a 3 yr H1 extension
c) What will happen to my labor and I-140 after my H1 transfer? My labor was originally applied in EB3 category. Can I file a new one in EB2 category after transferring to the new company?
You cannot directly file your I-485 when your PD is current if you change employers. Your new employer has to start the process all over again from scratch (in any category depending on your job requirement). New employer will have to file PERM/I-140 but can use your old EB-3 PD from the I-140 approval to file I-485.
more...
pvpb
10-18 11:29 AM
My case was filed at NSC on august 3rd...transferred to VSC and the 485 was transferred to TSC evn though my 140 is fro NSC...donno the logic behind it though
Hi
I m starting a new thread for people whose 485 packets sent to VSC for receipting and returned back to TSC for 485 adjudication
EB3
PD 10/04
RD 08/03
ND 10/12
I-140 filed @ TSC, I-485 sent to TSC. Checks cashed from VSC and I-485 returned back to TSC
I-765, I-131, FP are pending.
Hi
I m starting a new thread for people whose 485 packets sent to VSC for receipting and returned back to TSC for 485 adjudication
EB3
PD 10/04
RD 08/03
ND 10/12
I-140 filed @ TSC, I-485 sent to TSC. Checks cashed from VSC and I-485 returned back to TSC
I-765, I-131, FP are pending.
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gc_chahiye
10-24 04:01 PM
Can anyone please share info on conversion of EB3 to EB2 after applying for 485 ?. Our lawyer now suggests that they cant apply for EB2 and they have to revoke EB3 application.. Is this applicable to even apply for EB2 labor and subsequent I140. I thought we need to revoke 485 only when we are about to apply for new 485. Also, please let me know if we can apply for EB2 when you are in EAD status and has not invoked AC21. Sorry, if this question was already answered in the forum.
you can start a new LC in EB2 anytime, irrespective of whether you are in EAD, h1, AC21, in the country, outside the country, travelling in space. No restrictions...
The only risk with what you are trying to do is if you try to file EB2 for the same position for which you had earlier filed in EB3 (ie. job duties and position are the same) you can get queries from USCIS about it. Make sure this position (or job duties) are different. Search the mesage boards, this topic has been discussed earlier
you can start a new LC in EB2 anytime, irrespective of whether you are in EAD, h1, AC21, in the country, outside the country, travelling in space. No restrictions...
The only risk with what you are trying to do is if you try to file EB2 for the same position for which you had earlier filed in EB3 (ie. job duties and position are the same) you can get queries from USCIS about it. Make sure this position (or job duties) are different. Search the mesage boards, this topic has been discussed earlier
more...
shsharma_2000
02-08 12:39 PM
I was on L1B for few years and applied for H1B from home country. First H1 approval was for 3 years. However, the H1 extn was approved for 1 year only, although the request was for 3 years.
Same thing happend for 3 of my friends.
You have to be out of country for 1 year to reset the clock.
Same thing happend for 3 of my friends.
You have to be out of country for 1 year to reset the clock.
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neglur
10-02 10:19 PM
My 485 application was recieved by R.Cook@NSC too and no receipts or checks cashed yet. My application was delivered on July 18'th. My I-140 was approved on May 11'th 2007 by TSC.
more...
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kisana
06-26 09:34 AM
Today I found out there was a soft LUD on my I485 application. I am not sure what it is. How can I find what is going on with my I-485 application. Befre that there was a soft LUD on my travel document which I file in 2007 after that I did not file that. I just want to know what is going on with my application. Please let suggest.
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krishna_brc
07-02 05:43 PM
Tnks for the quick response. a couple more questions :D
1) Eligibility Status?
2)Please provide information concerning your eligibility status.
Do I need to put anything in there? Or I can just leave it blank?
I entered C (9) - Pending AOS as Eligibility Status.
1) Eligibility Status?
2)Please provide information concerning your eligibility status.
Do I need to put anything in there? Or I can just leave it blank?
I entered C (9) - Pending AOS as Eligibility Status.
more...
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gc_on_demand
05-27 12:15 PM
Aha I see ... yes she can stay in the US beyond the I-94 date as long as the extension application is pending. From the postings i can recollect that in case of a denial the unlawful presence starts from the decision date.
also if you get denial stamp no longer be valid. This is what I also read online.
also if you get denial stamp no longer be valid. This is what I also read online.
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aroranuj
04-09 03:43 PM
I just received an email from USCIS saying that my I-140 has been denied. I touched base with the attorney & she has not yet received any documentation from USCIS. This has been the 1st change in my status since Aug 07. My case is pending at TSC.
Does anyone know if this is a fairly common occurance for USCIS to deny I-140 without an RFE? Any advise on what to do next?
Thanks.
Does anyone know if this is a fairly common occurance for USCIS to deny I-140 without an RFE? Any advise on what to do next?
Thanks.
more...
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gcformeornot
07-25 03:16 PM
This additional poll needs to have an option for "Just you" - someone needs to take my additional 1.5 GC applications!
how to modify poll to add option.
how to modify poll to add option.
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BECsufferer
10-20 06:09 PM
Folks!
Like me all July filers would get off the H1-B hook come this Jan. I am assuming everybody would use newly gained freedom of EAD to switch employer or jobs. So far, not many employers like to get involved in H1 hassels ( espcialy in midwest), so recruiters had good business by hiring engineers at low rate and syphoning off majority share of the pay check.
But now, with 180 days (less than 75 days) limit over, all EAD holders are free to switch employers of jobs ( I know in same or similar capacity ... but that's not the point). The point is what would be the effect on current business contracting companies have? What would be the effect of EAD on their cost models and consistent revenues?
Not saying they would cease to exsist, as H1B's would still need them. But isn't new and bold demands from engineers like me going to affect their margins? ...What do you think?
Like me all July filers would get off the H1-B hook come this Jan. I am assuming everybody would use newly gained freedom of EAD to switch employer or jobs. So far, not many employers like to get involved in H1 hassels ( espcialy in midwest), so recruiters had good business by hiring engineers at low rate and syphoning off majority share of the pay check.
But now, with 180 days (less than 75 days) limit over, all EAD holders are free to switch employers of jobs ( I know in same or similar capacity ... but that's not the point). The point is what would be the effect on current business contracting companies have? What would be the effect of EAD on their cost models and consistent revenues?
Not saying they would cease to exsist, as H1B's would still need them. But isn't new and bold demands from engineers like me going to affect their margins? ...What do you think?
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skd
08-21 05:59 PM
Today TSC processed only 863 cases:
src0725250000 - src0725250863
:confused:
No they are upto src0725251299
src0725250000 - src0725250863
:confused:
No they are upto src0725251299
sri1234
05-15 03:04 PM
Hello Attorney's
My H1 Extension got denied and reason - employer could not provide "End-Client" letter.
(Client is not providing any letters to "consultants")
I have an Approved I-140 and Pending I-485(EB2 PD Oct 2006).
Currently working using EAD
Question -
What kind of implications will this have on my I-485 application?
Is there something that i can do to like change my current employer etc,,
to save myself? Or is this the end of my immigration journey.
Attorney's Please Advise.
Thanks in advance
Sri
My H1 Extension got denied and reason - employer could not provide "End-Client" letter.
(Client is not providing any letters to "consultants")
I have an Approved I-140 and Pending I-485(EB2 PD Oct 2006).
Currently working using EAD
Question -
What kind of implications will this have on my I-485 application?
Is there something that i can do to like change my current employer etc,,
to save myself? Or is this the end of my immigration journey.
Attorney's Please Advise.
Thanks in advance
Sri
iheartindia79
10-06 04:37 PM
Hello,
Anyone who received their Advance Parole Approvals, from NSC, who filed their I-485/AP etc on July 2nd?
Thanks.
Still waiting [YAWN]
Anyone who received their Advance Parole Approvals, from NSC, who filed their I-485/AP etc on July 2nd?
Thanks.
Still waiting [YAWN]
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