someone14
08-27 11:08 PM
I have been waiting for EAD for the last 120 days. I had an info pass inquiry last month. I was told that my I- 765 and AP applications are on hold because of back ground check. Please advice can I get interim EAD from Detroit office while my application is on hold. I have info pass inquiry for next week for Interim EAD, will Detroit USCIS office help me out OR just another endless waiting time. I don�t know what to do, I have been out of work for last 4 months because of work permit. Can anybody advice me, what should I do. I have applied for I-485. Thanks
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coronapup
07-24 09:02 PM
To be on the safe side, she still wants to file the application if it doesn't affect the 485.
Anyone file COS to H4 lately? Which center I need to send my package? :) THANKS A LOT
Anyone file COS to H4 lately? Which center I need to send my package? :) THANKS A LOT
Edison99
09-22 02:41 PM
Good to know that...
How many foreigners (in all categories) obtained US lawful permanent residence in 2008?
In 2008, 1,107,126 foreign nationals became lawful permanent residents (LPRs) (also known as green-card holders) according to the Department of Homeland Security's Yearbook of Immigration Statistics 2008. The total number represents a 5.2 percent increase from 2007 (1,052,415) and a 31.6 percent increase from 2000 (841,002).
How many foreigners (in all categories) obtained US lawful permanent residence in 2008?
In 2008, 1,107,126 foreign nationals became lawful permanent residents (LPRs) (also known as green-card holders) according to the Department of Homeland Security's Yearbook of Immigration Statistics 2008. The total number represents a 5.2 percent increase from 2007 (1,052,415) and a 31.6 percent increase from 2000 (841,002).
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H1bslave
04-07 03:27 PM
but this serge in processing more Citizenship cases will indirectly slow down 485 approvals due to lack of staff and may result in wastage of visas again for FY 2008.
I think this memo is about NATURALIZATION - so yes it's about Citizenship, not for GCs or I-485s.
I think this memo is about NATURALIZATION - so yes it's about Citizenship, not for GCs or I-485s.
more...
MujheGCdo
10-04 02:18 AM
My lawyers para legals screwed up my case and sent the initial application
to California instead of Nebraska:mad:.
My case was filed on jul 30,but till now I have not received anything.
While all my friends, colleagues have received their receipt notice and finger print. On calling CSC they refused the divulge anything and told me to wait for 90 days. My lawyer says it will be processed and my case is safe. But I do not trust him as he is the one who screwed it up.
Is there anyone else whose applicationwas sent to the wrong service centre
and if so have they received their receipt notices?
This is for all the gurus out here in this forum. What are your views?
Will my application be accepted by USCIS and which centre will it be processed.
to California instead of Nebraska:mad:.
My case was filed on jul 30,but till now I have not received anything.
While all my friends, colleagues have received their receipt notice and finger print. On calling CSC they refused the divulge anything and told me to wait for 90 days. My lawyer says it will be processed and my case is safe. But I do not trust him as he is the one who screwed it up.
Is there anyone else whose applicationwas sent to the wrong service centre
and if so have they received their receipt notices?
This is for all the gurus out here in this forum. What are your views?
Will my application be accepted by USCIS and which centre will it be processed.
amdn123
07-07 02:44 PM
Is it permitted to enter the US on a tourist visa and while you are here, can you start working since H1B approval has been received? The reason I ask is that my some time is needed to set up an apartment, get SSN etc. and it would be easier to come a little early while H1B is being processed. Can you get the H1B stamped in the passport later in Canada? Thanks in advance!
more...
aug2007
03-22 01:03 PM
While working for Company A, I took LC substitute (may 2007 as a future employer) for Compnay B and filed concurrent 140/485 in July 2007 fiasco (India EB3 PD Oct 2004). Later in Feb 08, I've joined Company B with H1 transfer while 140 & 485 were pending (for me and my spouse). I've not filed H4 ext for my wife thru company B as we both had VISA stamping from Company A till 4 Apr 09. I94 also has the same dates.
My H1 with company B got approved early this month (Took 12+ months after one RFE was answered in Oct 08). New H1 and I94 on Approved 797 has the date till 02 Oct 2010 (6 yrs from the first H1 start date). The I94 card number is not same as my previous I94 card. 140 got approved in Oct 08. I've valid EAD (renewed once) but never used it.
I'm curently on H1 and my wife is on H4. My wife's EAD is expired and I'm in the process of renewing it. My wife's H4 & I94 is expiring on 4 Apr 09 and I've not filed for H4 extn.
1. Do I need to file H4 extn? Or will my wife's status changes to AOS when the H4 & I94 expires? Will my status also have to change from H1 to AOS inorder for my wife's status to change to AOS?
2. If my wife can change to AOS while I'm on H1, can she start using EAD and I continue to be on H1?
3. If I'm on H1 and loose the job then I'll have to go back to India. But if I change my status to AOS/EAD then I can stay in US waiting for the next job. If I loose the job, can I change to EAD (after losing the job) or should it be done while I've job in hand?
4. If I switch to EAD and have some issue with 485 processing, can I switch back to H1 (Provided I'm still with the same employer and my H1 is valid)? What happens to my wife's staus in this case?
Thanks in advance for your guidance.
My H1 with company B got approved early this month (Took 12+ months after one RFE was answered in Oct 08). New H1 and I94 on Approved 797 has the date till 02 Oct 2010 (6 yrs from the first H1 start date). The I94 card number is not same as my previous I94 card. 140 got approved in Oct 08. I've valid EAD (renewed once) but never used it.
I'm curently on H1 and my wife is on H4. My wife's EAD is expired and I'm in the process of renewing it. My wife's H4 & I94 is expiring on 4 Apr 09 and I've not filed for H4 extn.
1. Do I need to file H4 extn? Or will my wife's status changes to AOS when the H4 & I94 expires? Will my status also have to change from H1 to AOS inorder for my wife's status to change to AOS?
2. If my wife can change to AOS while I'm on H1, can she start using EAD and I continue to be on H1?
3. If I'm on H1 and loose the job then I'll have to go back to India. But if I change my status to AOS/EAD then I can stay in US waiting for the next job. If I loose the job, can I change to EAD (after losing the job) or should it be done while I've job in hand?
4. If I switch to EAD and have some issue with 485 processing, can I switch back to H1 (Provided I'm still with the same employer and my H1 is valid)? What happens to my wife's staus in this case?
Thanks in advance for your guidance.
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pasa0202
12-10 03:31 PM
Hello Attorney,
Is my perm valid if I am out the US without H1 B status? OR
Can I get H1B extension if my perm & I 140 get approved when I am out of the US without H1B status?
Here is my situation:
-My I140/I485 got denied -- in Aug 2009
-I got 9th H1B extension which is valid till Apr 2010
(As I know after Apr 2010 that I am not eligible to get extensions)
-My present company started filing PERM in Dec 2009 (No chances of getting PERM & I 140 approvals before Apr 2010)
-My company planning to send me out of the US (probably India/Japan) in Apr 2010 to work from there because of my H1B expiration. They want to continue my PERM and I 140 process.
My question to the attorneys:
If my PERM get approved after 6 or 8 months I am eligible for H1B extension even though I am out of the country without H1 B status?
Or
Do I need to wait 1 year to get the new H1B for 3+3 years?
I really appreciate your suggestions.
Is my perm valid if I am out the US without H1 B status? OR
Can I get H1B extension if my perm & I 140 get approved when I am out of the US without H1B status?
Here is my situation:
-My I140/I485 got denied -- in Aug 2009
-I got 9th H1B extension which is valid till Apr 2010
(As I know after Apr 2010 that I am not eligible to get extensions)
-My present company started filing PERM in Dec 2009 (No chances of getting PERM & I 140 approvals before Apr 2010)
-My company planning to send me out of the US (probably India/Japan) in Apr 2010 to work from there because of my H1B expiration. They want to continue my PERM and I 140 process.
My question to the attorneys:
If my PERM get approved after 6 or 8 months I am eligible for H1B extension even though I am out of the country without H1 B status?
Or
Do I need to wait 1 year to get the new H1B for 3+3 years?
I really appreciate your suggestions.
more...
abracadabra
07-09 10:13 PM
migstory(at)microsoft.com
Please kindly send your stories, to microsoft at this email address they sincerely requested to send July2nd personal stories, there is a huge drive for these stories so that the legal department at microsoft will take this plead to the congressman/senator, this is a serious plea. I am sending mine
Please kindly send your stories, to microsoft at this email address they sincerely requested to send July2nd personal stories, there is a huge drive for these stories so that the legal department at microsoft will take this plead to the congressman/senator, this is a serious plea. I am sending mine
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KanishkaSharma
12-26 08:44 PM
I got my H1B Petition approved and have been working on OPT status since August. I made a Visa appoitment for tommorow and while taking the appointment I chose the Visa Renewal category instead of a new H1B visa.
My interview is tommorow and I am not able to change or cancel the date as in Delhi it needs to be done 2 working days before.
I want to know if anyone has gone though a similar experience and what should I do?
Looking forward to your replies!
Thanks!
Kanishk
My interview is tommorow and I am not able to change or cancel the date as in Delhi it needs to be done 2 working days before.
I want to know if anyone has gone though a similar experience and what should I do?
Looking forward to your replies!
Thanks!
Kanishk
more...
gc_chahiye
10-17 12:13 AM
I am in a confused situation, any thoughts / guidelines are greatly appreciated..
The question is : If my h1 is with company A and my GC is applied for future employment by company B, can I use EAD to take up full time employment with company C (or Self) ?
The full story is : The client company, I am working with is processing my GC for future employment. 485 was applied and I received EAD. It has come up that the current employer has an agreement with the client that , the client should not employ any of their employees for 1 yr after the termination. So, I need to quit the current employment, work else where for a year and then join the GC sponsering company.The I140 will not be revoked.
Since I am not currently working for GC sponsring company, does any of the AC21 issues matter ?
Thanks in advance
yes you can take up employment with C. If you get an RFE at any point within the next 180 days make sure B can give you an employment offer letter. post 180 days you can invoke AC-21 if you want and use C as your GC-Sponsoring employer.
The question is : If my h1 is with company A and my GC is applied for future employment by company B, can I use EAD to take up full time employment with company C (or Self) ?
The full story is : The client company, I am working with is processing my GC for future employment. 485 was applied and I received EAD. It has come up that the current employer has an agreement with the client that , the client should not employ any of their employees for 1 yr after the termination. So, I need to quit the current employment, work else where for a year and then join the GC sponsering company.The I140 will not be revoked.
Since I am not currently working for GC sponsring company, does any of the AC21 issues matter ?
Thanks in advance
yes you can take up employment with C. If you get an RFE at any point within the next 180 days make sure B can give you an employment offer letter. post 180 days you can invoke AC-21 if you want and use C as your GC-Sponsoring employer.
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glus
01-02 09:42 AM
hello,
Under certain circumstances, your International Student Advisor can grant a leave of absence for one semester for you. You need to get some paperwork from a doctor which will state that you can't attend college and why and for what reasons. However, this is not an easy case. Secondly, once you husband applies for I-130 based on marriage, this may violate your F-1 status as F-1 has purely non-immigrant intent and by filing I130 you show you intend to immigrate to the U.S.
I tried to help my friend to transfer to another school when he was on F-1. A month after he transferred to the new school, the IS Advisor told him that his F-1 status has been canceled in the SEVIS system. Later, through FOIA he learned it was due to I-130 petition filed by his wife on his behalf a few months earlier. Conicidently, they canceled his F-1 just after the I130 approval. Luckily, his wife became a US citizen just few months later and he adjusted status due to that.
I always advise to speak to an immigration attorney before taking any action. Thank you.
Under certain circumstances, your International Student Advisor can grant a leave of absence for one semester for you. You need to get some paperwork from a doctor which will state that you can't attend college and why and for what reasons. However, this is not an easy case. Secondly, once you husband applies for I-130 based on marriage, this may violate your F-1 status as F-1 has purely non-immigrant intent and by filing I130 you show you intend to immigrate to the U.S.
I tried to help my friend to transfer to another school when he was on F-1. A month after he transferred to the new school, the IS Advisor told him that his F-1 status has been canceled in the SEVIS system. Later, through FOIA he learned it was due to I-130 petition filed by his wife on his behalf a few months earlier. Conicidently, they canceled his F-1 just after the I130 approval. Luckily, his wife became a US citizen just few months later and he adjusted status due to that.
I always advise to speak to an immigration attorney before taking any action. Thank you.
more...
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chintu123
12-21 02:04 PM
Hi ,
Here is my scenario
H4 visa----oct-2007 to sept-2010
Entered US---oct--2008 on h4
Filed for h1---april 2009
H1 approved---aug 2009
Actually i had to start a project dated 12-oct'09 but unfortunately the project got cancelled.From then i have been looking for project but no luck.Currently i am in a dilemma regarding my status and course of action.I am thinking to change my status to H4 again by filing i-539.
The main problem is my employer did not run any payroll for me since oct-st(official kick off date afetr h1 COS approval) i did not have any project and when i ask him about that he says he can state that i will officially join the company in Jan 2010 and he will start running the payroll from jan 2010(irrespective of me getting a project and he says i have to pay half of my taxes from my pocket that the employer would be entitled to pay and he will pay the rest and cut it from my payroll once i get a project).I am totally in a state of confusion and do not want to take any risk anymore regarding my status and from the employer(he is taking advantage of my situation).
My questions are
1. How safe is it to apply COS at this point
2. If in case he starts running my payroll from Jan and still i dont land in a project even after couple of months can i go head and change my status to h4 in march with the 2 paystubs (jan and feb which he is promising to run)
3.in worst case if the payroll is not run by him what would be the best course of action
I would appreciate your response
Thanks
Here is my scenario
H4 visa----oct-2007 to sept-2010
Entered US---oct--2008 on h4
Filed for h1---april 2009
H1 approved---aug 2009
Actually i had to start a project dated 12-oct'09 but unfortunately the project got cancelled.From then i have been looking for project but no luck.Currently i am in a dilemma regarding my status and course of action.I am thinking to change my status to H4 again by filing i-539.
The main problem is my employer did not run any payroll for me since oct-st(official kick off date afetr h1 COS approval) i did not have any project and when i ask him about that he says he can state that i will officially join the company in Jan 2010 and he will start running the payroll from jan 2010(irrespective of me getting a project and he says i have to pay half of my taxes from my pocket that the employer would be entitled to pay and he will pay the rest and cut it from my payroll once i get a project).I am totally in a state of confusion and do not want to take any risk anymore regarding my status and from the employer(he is taking advantage of my situation).
My questions are
1. How safe is it to apply COS at this point
2. If in case he starts running my payroll from Jan and still i dont land in a project even after couple of months can i go head and change my status to h4 in march with the 2 paystubs (jan and feb which he is promising to run)
3.in worst case if the payroll is not run by him what would be the best course of action
I would appreciate your response
Thanks
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cs.0
01-28 06:44 PM
hi,
Can I work for my current employer on H1B and also take up some part time job to work for some other employer on EAD? In doing so, are there any risks involved with respect to Green Card?. Please suggest regarding this.
thanks,
chethan
Can I work for my current employer on H1B and also take up some part time job to work for some other employer on EAD? In doing so, are there any risks involved with respect to Green Card?. Please suggest regarding this.
thanks,
chethan
more...
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FredG
April 10th, 2005, 08:30 AM
Welcome to Dphoto. English is my native language, and many would say that I don't use it too much either. :D
I like the shot with the mountains in the background.
I like the shot with the mountains in the background.
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gc28262
07-19 12:43 PM
thanks for the quick response,
Th I-140 is not revoked yet, but the original company that filed it is going to split in to 2 separate companies by the end of the year and I think I-140 will become invalid after that right if the original company doesnt exist anymore??
You can still claim the PD of your old I-140. Once an I-140 is approved PD is yours to keep for life.
Please see a note by Ron Gotcher below.
ImmInfo Newsletter: The effect of an employer withdrawal of an I-140 (http://imminfo.com/News/Newsletter/2010-07/employer-withdrawal-of-I-140.html)
Th I-140 is not revoked yet, but the original company that filed it is going to split in to 2 separate companies by the end of the year and I think I-140 will become invalid after that right if the original company doesnt exist anymore??
You can still claim the PD of your old I-140. Once an I-140 is approved PD is yours to keep for life.
Please see a note by Ron Gotcher below.
ImmInfo Newsletter: The effect of an employer withdrawal of an I-140 (http://imminfo.com/News/Newsletter/2010-07/employer-withdrawal-of-I-140.html)
more...
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emeraldth
01-05 03:42 PM
My job description is "xxx mathematician" on the I-140, but what I'm actually doing is developing and supporting scientific programs. The industry is not IT. If I switch back to IT, could it still be "similar job"?
Could anyone give me some suggestion, or recommend a good attorney for this? Thank you!
Could anyone give me some suggestion, or recommend a good attorney for this? Thank you!
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sunny1000
11-01 11:49 AM
Hi,
I just graduated with a Bachelor Degree, and I am currently on H1B. I am so concerned about the 5 year backlog on EB-3, which will take more 10+ years to become a citizen....
I am thinking about getting an online MBA degree from an accredited school ASAP, and ask my employer to promote me to a position that require an MBA, ex. manager. (I think it's not a problem in a small company) Will I be able to get into the EB-2 line?
Have anyone done that before? May you share your experience whether it's successful or not?
As long as your job (for which you are applying for the GC) requires it and you are qualified, you can apply in EB2 category. BTW, the 5 year wait is for ROW and not for over-subscribed countries such as India, China, mexico etc. Hopefully, you are from a ROW category country.
Good luck!
I just graduated with a Bachelor Degree, and I am currently on H1B. I am so concerned about the 5 year backlog on EB-3, which will take more 10+ years to become a citizen....
I am thinking about getting an online MBA degree from an accredited school ASAP, and ask my employer to promote me to a position that require an MBA, ex. manager. (I think it's not a problem in a small company) Will I be able to get into the EB-2 line?
Have anyone done that before? May you share your experience whether it's successful or not?
As long as your job (for which you are applying for the GC) requires it and you are qualified, you can apply in EB2 category. BTW, the 5 year wait is for ROW and not for over-subscribed countries such as India, China, mexico etc. Hopefully, you are from a ROW category country.
Good luck!
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asanghi
02-06 01:05 PM
Strange but its true.. Height of stupidity. Read the story below:
http://webtracy.blogspot.com/2008/02/california-mechanics-liens-homebuyers.html?ref=patrick.net
As a home buyer or even as an owner you should be aware of this. But I am a bit puzzled by this story. Usually the title insurance that you get at the time of buying home is supposed to cover any such issues. In this case may be they did not get title insurance or their title insurance didn't cover enough amount.
Also as a home owner, if you get some work/improvements done at your home by a contractor make sure you get a signed declaration from him every time you pay him. The declaration should say that he has paid all his workers their dues and that he will be responsible for any payment disputes arising later if any.
http://webtracy.blogspot.com/2008/02/california-mechanics-liens-homebuyers.html?ref=patrick.net
As a home buyer or even as an owner you should be aware of this. But I am a bit puzzled by this story. Usually the title insurance that you get at the time of buying home is supposed to cover any such issues. In this case may be they did not get title insurance or their title insurance didn't cover enough amount.
Also as a home owner, if you get some work/improvements done at your home by a contractor make sure you get a signed declaration from him every time you pay him. The declaration should say that he has paid all his workers their dues and that he will be responsible for any payment disputes arising later if any.
krishnam70
06-11 12:31 PM
Hello everybody,
I just got an RFE for I-485...they are asking about marriage certificate and birth certificate...when I applied for I-485, I sent marriage certificate and birth certificate ..why they are asking me again to send?
And can you tell me please what to do with the following.......Uscis sent me too an envelope where to put my documents for RFE.......but the docs dont fit in the small envelope...is it ok if I put my docs in a different and bigger envelope?
My PD is sept 2005 ROW.
If someone faced the same situation please help me with some advice.
Thanks in advance
All the information you seek is available in the WIKI link below. Please spend some time and read it and if you still have any doubts you can ask them in the forum
http://immigrationvoice.org/wiki/index.php/Request_For_Evidence
- cheers
kris
I just got an RFE for I-485...they are asking about marriage certificate and birth certificate...when I applied for I-485, I sent marriage certificate and birth certificate ..why they are asking me again to send?
And can you tell me please what to do with the following.......Uscis sent me too an envelope where to put my documents for RFE.......but the docs dont fit in the small envelope...is it ok if I put my docs in a different and bigger envelope?
My PD is sept 2005 ROW.
If someone faced the same situation please help me with some advice.
Thanks in advance
All the information you seek is available in the WIKI link below. Please spend some time and read it and if you still have any doubts you can ask them in the forum
http://immigrationvoice.org/wiki/index.php/Request_For_Evidence
- cheers
kris
snathan
10-11 10:58 PM
HI,
Some one could you please let me know how and where I can give complaint about H1B holding company.
Would you mind to tell us who you are first and whats the complaint.
Some one could you please let me know how and where I can give complaint about H1B holding company.
Would you mind to tell us who you are first and whats the complaint.
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