rayoflight
02-22 02:58 PM
@Admin: Please delete the reply from VSS as it contains words which are politically incorrect.
@VSS: Please refrain from bashing "undocumented workers". If you have an answer reply if not dont.
Thanks,
Rayoflight
@VSS: Please refrain from bashing "undocumented workers". If you have an answer reply if not dont.
Thanks,
Rayoflight
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prasadn
12-17 03:20 PM
My current status is H1B with I-140 approved. I am planning for a fulltime MBA for which I have to transfer my visa to student visa. I heard from some sources that I cannot transfer to student visa when my 140 is approved. Does anyone here knows how far this is true?
Sandy
I hope you do understand that once you change status to F-1, you essentially are losing your priority date and your GC application. Also, you will not be able to get a F-1 visa stamp on your passport as you cannot prove that you don't have an intention to immigrate (because you already had applied for and got an I-140 approved).
Thanks,
Prasad
Sandy
I hope you do understand that once you change status to F-1, you essentially are losing your priority date and your GC application. Also, you will not be able to get a F-1 visa stamp on your passport as you cannot prove that you don't have an intention to immigrate (because you already had applied for and got an I-140 approved).
Thanks,
Prasad
keaby
03-23 07:03 PM
I have entered through JFK a week back. The officer was cordial..
Not sure whether the POE issues we have been hearing are resulting from any policy direction ..or just individuals acting on their own..
Just letting you know my experience .if it comforts..
Not sure whether the POE issues we have been hearing are resulting from any policy direction ..or just individuals acting on their own..
Just letting you know my experience .if it comforts..
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keyboard2pc
06-12 12:54 PM
Hi
I completed my 6th year H1B in April 2010 and am currently on a 7th year extension based on a pending PERM application with my current employer.
I am currently considering taking an offer from a new employer who is willing to process my H1b transfer and my question is:
1) Is it possible to transfer a 7th year extension to a new employer given that PERM will still be pending?
2) If yes, will I need to give them any evidence regarding the pending PERM as I don't have any document on it except the receipt number from DOL.
3) My current H1b expiration date is in April 2011. If the new employer files for an H1b transfer in July 2010, will I get the same H1b expiration date or a new one (i.e. July 2011)?
This is important in my case because my wife who is currently a LPR will be eligible to become a US Citizen in June 2011 and I will likely not need to go through the PERM process.
Any advice on the above will help a lot.
Thank you!!!!!
I completed my 6th year H1B in April 2010 and am currently on a 7th year extension based on a pending PERM application with my current employer.
I am currently considering taking an offer from a new employer who is willing to process my H1b transfer and my question is:
1) Is it possible to transfer a 7th year extension to a new employer given that PERM will still be pending?
2) If yes, will I need to give them any evidence regarding the pending PERM as I don't have any document on it except the receipt number from DOL.
3) My current H1b expiration date is in April 2011. If the new employer files for an H1b transfer in July 2010, will I get the same H1b expiration date or a new one (i.e. July 2011)?
This is important in my case because my wife who is currently a LPR will be eligible to become a US Citizen in June 2011 and I will likely not need to go through the PERM process.
Any advice on the above will help a lot.
Thank you!!!!!
more...
rmo518
04-13 11:58 AM
Congratulations everyone! Thanks to the judges and the voters too!
MOONNLIGHT
12-09 06:22 PM
I was born in Bangladesh and during my childhood I moved to India. In all my documents like school leaving certificate and Indian passport, the birth place is mentioned as India. I do not have any birth certificate either from Bangladesh or India and my plan is to use affidavit and non-availability certificate in lieu of birth certificate issued from municipality or other authorized body. In my entire US visa processing documents and petitions like H1B, I-140 etc. my birth places is mentioned as India. Can I still claim Bangladesh as the chargeable country for the purpose of visa allocation during the I-485 stage? If I claim Bangladesh to be my country of birth, will this be viewed as if I have provided wrong information in my earlier petitions? What could be other consequences?
more...
Blog Feeds
07-13 12:48 PM
USCIS has recently published a new fact sheet of common questions and answers for members of the U.S. Armed Forces and their families. (http://www.californiaimmigrationlawyerblog.com/Immigration%20Information%20for%20Members%20of%20t he%20U.S.%20Armed%20Forces%20and%20their%20Familie s.pdf) The fact sheet contains the most frequently asked questions that USCIS receives.
The fact sheet is worth reading if you are in the Armed Forces because the answers to some of the questions are different (and usually more advantageous) to members and/or dependents of those in the Armed Forces. For instance, if you are a civilian, obtained your green card through a marriage to a U.S. Citizen and you have been married for less than two years, you must file Form I-751, Petition to Remove Conditions on Residence (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f858d59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD) to remove the conditional residence and obtain your permanent green card. You must file this form even if you intend on applying for citizenship a year later. (Persons who are married to U.S. citizens may apply for citizenship in three years.)
Members of the armed forces do not have to file Form I-751, Petition to Remove Conditions on Residence to remove conditional residence obtained through a marriage to a U.S. Citizen, if the foreign born spouse was inducted or enlisted in the military and is applying for naturalization based on qualifying military service. Thus, military personnel are permitted to "skip a step" and do not need to file form I-751.
Additional questions and answers and helpful email addresses to USCIS liaisons are included on the fact sheet.
http://www.californiaimmigrationlawyerblog.com/father%20and%20son.jpg
More... (http://www.californiaimmigrationlawyerblog.com/2009/07/immigration_information_for_me_1.html)
The fact sheet is worth reading if you are in the Armed Forces because the answers to some of the questions are different (and usually more advantageous) to members and/or dependents of those in the Armed Forces. For instance, if you are a civilian, obtained your green card through a marriage to a U.S. Citizen and you have been married for less than two years, you must file Form I-751, Petition to Remove Conditions on Residence (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f858d59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD) to remove the conditional residence and obtain your permanent green card. You must file this form even if you intend on applying for citizenship a year later. (Persons who are married to U.S. citizens may apply for citizenship in three years.)
Members of the armed forces do not have to file Form I-751, Petition to Remove Conditions on Residence to remove conditional residence obtained through a marriage to a U.S. Citizen, if the foreign born spouse was inducted or enlisted in the military and is applying for naturalization based on qualifying military service. Thus, military personnel are permitted to "skip a step" and do not need to file form I-751.
Additional questions and answers and helpful email addresses to USCIS liaisons are included on the fact sheet.
http://www.californiaimmigrationlawyerblog.com/father%20and%20son.jpg
More... (http://www.californiaimmigrationlawyerblog.com/2009/07/immigration_information_for_me_1.html)
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dellmunna
04-21 10:30 AM
hi gurus
I am not getting paid equivalent to what is there in my LC. Is there any
problem to get approval of my I-458?
EB3 INDIA
I-140 pending
I-458/EAD July filer
EAD RD Sep-07
I-458 pending
I am not getting paid equivalent to what is there in my LC. Is there any
problem to get approval of my I-458?
EB3 INDIA
I-140 pending
I-458/EAD July filer
EAD RD Sep-07
I-458 pending
more...
eb3retro
09-24 08:40 AM
first thing first update your profile.
Hi Experts,
On July 8th I filed my EAD. I never got any Finger Print Appointment from USCIS. I have been constantly trying to reach them about my FP appointment. But, on Sep 20TH I got a notice saying my petition has been denied because I have not appeared for my FP on Aug 3rd.
They asked me to file a motion, my confusion is should I file a motion or should I reapply. Which one makes it easy and fast to get my EAD ASAP.
Thanks,
--Bala
Hi Experts,
On July 8th I filed my EAD. I never got any Finger Print Appointment from USCIS. I have been constantly trying to reach them about my FP appointment. But, on Sep 20TH I got a notice saying my petition has been denied because I have not appeared for my FP on Aug 3rd.
They asked me to file a motion, my confusion is should I file a motion or should I reapply. Which one makes it easy and fast to get my EAD ASAP.
Thanks,
--Bala
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reddy_h
08-18 10:08 PM
Hi All,
****** I have searched all related posts but could not find an answer ********
I have applied my labor in EB3 category. As i am qualified for the senior position i have asked my management for the next level. so that i can apply in EB2 and get the priority data transferred from EB3 application.
with the July fiasco applied I485 with the EB3 application. Now my management is working to promote me from software dev to Sr software developer. Should i accept the promotion? my job responsibilites will be same with additional responsibilities. What will happen to my i-485 application if i take the promotion?
Thank you.
I believe, you can accept this promotion without any effect on your pending I-485. Remember though not all promotions are fine. For example you cannot get promoted from a developer position to manager position and continue your case without filing new LC & I-140. Please consult any good lawyer for advice.
In your case now you have 2 options after getting promoted. Either continue your case in EB3 category without doing anything or appy for new labor & I-140 in EB2 category and have the pending I-485 attached to your new EB2 I-140. Ofcourse here I am assuming that the new job requirement falls under EB2 and you are qualified for EB2.
****** I have searched all related posts but could not find an answer ********
I have applied my labor in EB3 category. As i am qualified for the senior position i have asked my management for the next level. so that i can apply in EB2 and get the priority data transferred from EB3 application.
with the July fiasco applied I485 with the EB3 application. Now my management is working to promote me from software dev to Sr software developer. Should i accept the promotion? my job responsibilites will be same with additional responsibilities. What will happen to my i-485 application if i take the promotion?
Thank you.
I believe, you can accept this promotion without any effect on your pending I-485. Remember though not all promotions are fine. For example you cannot get promoted from a developer position to manager position and continue your case without filing new LC & I-140. Please consult any good lawyer for advice.
In your case now you have 2 options after getting promoted. Either continue your case in EB3 category without doing anything or appy for new labor & I-140 in EB2 category and have the pending I-485 attached to your new EB2 I-140. Ofcourse here I am assuming that the new job requirement falls under EB2 and you are qualified for EB2.
more...
mrdelhiite
01-15 10:26 AM
transfer of H1 will work. Enjoy
-M
-M
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gc_chahiye
10-03 12:29 PM
you can also change employers immediately. Your spouse is the primary applicant, and hte 180 day AC21 rule applies to her. You can:
- use EAD whenever you want
- change jobs whenever you want
- change job profile however you want.
she:
- can use EAD whenever she wants
- change jobs after 180 days
- change onto a job in the same or similar profile.
- use EAD whenever you want
- change jobs whenever you want
- change job profile however you want.
she:
- can use EAD whenever she wants
- change jobs after 180 days
- change onto a job in the same or similar profile.
more...
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raj2007
04-02 09:22 PM
Hi Gurus,
Here is my situation. Have H1B expiring on June 2008. Planning to Renew. I-140 approved last Month. I485 applied and pending for more than 180 days. Have EAD, AP.
Now - I am planning to switch to another job for Title , Hike. Not happy with the current company.
I have the following question :
1) If I switch,what will happen to my I-485 / I-140. do I need to reapply ? . do I lost my priority date.
2) If I go to India, what will happen to My 485/140. Can I change AOS to consular processing.
Please advise.
1. Use Ac21
2. Are you going to India for a visit or long time? you need to come before ur AP expires and get a new one(If H1 is not valid)
Otherwise you can take a vacation on H1.
For Cp you have to withdraw your 485 application and refile your application.
Here is my situation. Have H1B expiring on June 2008. Planning to Renew. I-140 approved last Month. I485 applied and pending for more than 180 days. Have EAD, AP.
Now - I am planning to switch to another job for Title , Hike. Not happy with the current company.
I have the following question :
1) If I switch,what will happen to my I-485 / I-140. do I need to reapply ? . do I lost my priority date.
2) If I go to India, what will happen to My 485/140. Can I change AOS to consular processing.
Please advise.
1. Use Ac21
2. Are you going to India for a visit or long time? you need to come before ur AP expires and get a new one(If H1 is not valid)
Otherwise you can take a vacation on H1.
For Cp you have to withdraw your 485 application and refile your application.
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GCKaIntezar
01-15 03:08 PM
Thanks for setting this up Anurakt. I'll be calling-in.
more...
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monkeyman
03-06 09:59 PM
Congratulations - you have 90 days after it expires to renew it. Since you got your GC within 60 days, there is nothing to worry about. You must however talk to your HR with a copy of ur GC and update the I-9. But that is just for records and should there be an audit, you should be all set.
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krishna.ahd
03-13 03:38 PM
here are the visa numbers used in 2006 for EB2 and EB3.
EB-2: India(3,720), China(3,347), Canada(1,248)
EB-3 Skilled: Mexico(6,766), Korea(4,375), Philippines(4,114), Ecuador(3,747), Brazil(3,670), Poland(3,230), India(3,006), China(2,477), Pakistan(2,091)
Assuming there are atleast 300K Indians waiting for visa numbers in the EB2 + EB3 category (including dependents) and 6726 out of them were covered last year, we will have to wait for just another 44 years and 7 months to get an immigrant visa number. LOL
If everything goes well as planned atleast GC is assured for our children ( for some like me - grand children) .
EB-2: India(3,720), China(3,347), Canada(1,248)
EB-3 Skilled: Mexico(6,766), Korea(4,375), Philippines(4,114), Ecuador(3,747), Brazil(3,670), Poland(3,230), India(3,006), China(2,477), Pakistan(2,091)
Assuming there are atleast 300K Indians waiting for visa numbers in the EB2 + EB3 category (including dependents) and 6726 out of them were covered last year, we will have to wait for just another 44 years and 7 months to get an immigrant visa number. LOL
If everything goes well as planned atleast GC is assured for our children ( for some like me - grand children) .
more...
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kamand
01-06 12:19 AM
Thanks "glus" for the information.
I received the below advice from an attorney in another forum.
"Make the CIS aware of your approved I-130 and ask that they approve your AOS on that basis. Send a copy of the I-130 approval notice, together with a copy of the I-485 receipt notice to the correspondence address shown on the lower left side of the receipt notice."
According to that attorney, it looks like I can interfile I-140 with I-130. Any thoughts/comments on this?
Thanks.
I received the below advice from an attorney in another forum.
"Make the CIS aware of your approved I-130 and ask that they approve your AOS on that basis. Send a copy of the I-130 approval notice, together with a copy of the I-485 receipt notice to the correspondence address shown on the lower left side of the receipt notice."
According to that attorney, it looks like I can interfile I-140 with I-130. Any thoughts/comments on this?
Thanks.
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JAFO
04-13 04:19 PM
I'm new here and hope this is posted in the right forum.
I got my ASC Appointment Notice ( case type: I 90 Application to Replace Alien Registration Card) and need to show up to the Milwaukee USCIS office this Friday at 8a.m. for photo ID, biometrics, etc.
Problem is, the USCIS website says the office is closed on Fridays. Other websites say the office is open on Fridays (but they were updated over a year ago), and an immigration attorney website says the office is open Fridays but only until 12.
What to do?
I have to drive three hours just to get there . Do I go anyways and risk it?
The 1800 telephone numbers are no help and any local phone number is useless.
Anybody have suggestions or similar experience. Thanks. JAFO.
I got my ASC Appointment Notice ( case type: I 90 Application to Replace Alien Registration Card) and need to show up to the Milwaukee USCIS office this Friday at 8a.m. for photo ID, biometrics, etc.
Problem is, the USCIS website says the office is closed on Fridays. Other websites say the office is open on Fridays (but they were updated over a year ago), and an immigration attorney website says the office is open Fridays but only until 12.
What to do?
I have to drive three hours just to get there . Do I go anyways and risk it?
The 1800 telephone numbers are no help and any local phone number is useless.
Anybody have suggestions or similar experience. Thanks. JAFO.
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masterfender
04-28 03:19 PM
Received the RFE today. It was asking for my birth certificate copy & translation. My lawyer says this is very common. For me this is stupid, they already got my birth certificate copy and the translation.
Sakthisagar
04-16 11:11 AM
Good Read
http://www.nfap.com/pdf/1003h1b.pdf
http://www.nfap.com/pdf/1003h1b.pdf
swaroopmukka
07-24 05:50 PM
Hello,
My Present H1B stamp is with company A and expires November 20 2007. Now I'm with company B and with this I have my petetion (H1B approval) which expires June 20 2008. Now I'm travelling to India for my marriage and coming back September 8. I'm not getting the new stamp this time. Will I have any problem during the immigration ??
Also with my present papers, my wife would be attending her visa Interview on Sep 4. Will there be any problem for her at the interview ???
Thanks in Advance
My Present H1B stamp is with company A and expires November 20 2007. Now I'm with company B and with this I have my petetion (H1B approval) which expires June 20 2008. Now I'm travelling to India for my marriage and coming back September 8. I'm not getting the new stamp this time. Will I have any problem during the immigration ??
Also with my present papers, my wife would be attending her visa Interview on Sep 4. Will there be any problem for her at the interview ???
Thanks in Advance
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