AirWaterandGC
06-07 08:21 AM
Can some one please shed some light on this May 15, 2005 cut off date and its significance ? Does it affect folks who have already filed for labor and I-140 after this date and have got it approved .... say sometime in 2006 ?
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avantika.nandamuri
04-07 07:04 PM
I have valid H1 visa with Company A till sep 2009. I have applied for h1 transfer to company B in june 2008 and it's still pending without any RFE. I got an offer from Company C. Can I transfer my H1 to company C, when H1 transfer with company B is pending? Company A has revoked my H1. will that in any way affect my h1 transfer??
softman
07-19 08:46 AM
Folks,
Mine is 2003 EB3 labor, I don�t have copy of the labor. Don�t know the job code and title, planning to switch AC21 and not sure how to get this code as i had already left the old blood sucking desi employer, any suggestions,
Thanks in advance.
:D
Mine is 2003 EB3 labor, I don�t have copy of the labor. Don�t know the job code and title, planning to switch AC21 and not sure how to get this code as i had already left the old blood sucking desi employer, any suggestions,
Thanks in advance.
:D
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anilsal
01-29 01:04 PM
Thank you for the response.
The salary on Labor is mentioned as $76k. At the time of renewing EAD and AP every year it is at $90k. Since, salary increased after filing GC within the same company.
With AP portability a lot of advisors say, salary shouldnt be a concern rather job duties are.
USCIS interpretation is not always in line with the advice we get. I would still try to do thorough research before the huge leap.
The salary on Labor is mentioned as $76k. At the time of renewing EAD and AP every year it is at $90k. Since, salary increased after filing GC within the same company.
With AP portability a lot of advisors say, salary shouldnt be a concern rather job duties are.
USCIS interpretation is not always in line with the advice we get. I would still try to do thorough research before the huge leap.
more...
vikramy
06-10 12:17 PM
Hi,
My H1 transfer got denied. My company said they are unlikely to file an MTR. I have a valid EAD and old company H1 (based on 140 approval) valid till Jan 2010.
Can i find other company and file a different H1 transfer based on my old company valid H1?
Please Advice.
My H1 transfer got denied. My company said they are unlikely to file an MTR. I have a valid EAD and old company H1 (based on 140 approval) valid till Jan 2010.
Can i find other company and file a different H1 transfer based on my old company valid H1?
Please Advice.
sledge_hammer
05-05 10:40 AM
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anobody? i really need your advice.
anobody? i really need your advice.
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belmontboy
09-10 05:55 PM
Hello gurus,
I woked with Company A and got my I140 approved(PD sep 04 EB2). I had issue with Company A that they asked me wait to apply my I485 in july 2007 wave. I frustrated and moved to Company B and substitued another labor(PD May-2002 EB3), got theI140 approval and 485 is pending from july 2007. In the Meantime, Company A withdrawn my approved EB2 I140 petition couple of months ago to protect one of their employee I140 petition.
Currently i believe the situvation is not good for EB3 and planned to enable my "Company A" I140 petition to apply for I485. Will USCIS allow company A to enable the withrdrawn I140 petition to apply my I485? Your help would be greatly appreciated.
Regards
Natan
No, unless the withdrawl was in error from your company.
I woked with Company A and got my I140 approved(PD sep 04 EB2). I had issue with Company A that they asked me wait to apply my I485 in july 2007 wave. I frustrated and moved to Company B and substitued another labor(PD May-2002 EB3), got theI140 approval and 485 is pending from july 2007. In the Meantime, Company A withdrawn my approved EB2 I140 petition couple of months ago to protect one of their employee I140 petition.
Currently i believe the situvation is not good for EB3 and planned to enable my "Company A" I140 petition to apply for I485. Will USCIS allow company A to enable the withrdrawn I140 petition to apply my I485? Your help would be greatly appreciated.
Regards
Natan
No, unless the withdrawl was in error from your company.
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mailtobalu
06-30 03:46 PM
Hi,
I am working for "Company A" on L1B from Nov 2006. In 2008 April "Company B" filed H1B and it got approved and received approval letter with I-94 effective from Oct 1st 2008.
After getting H1B I did not move to Company B and continued work with "Company A" on L1B Visa. To void the I-94 received with my H1B Approval I traveled my Home country on Sep 28th 2008 and returned to US on Oct 6th 2008 on L1B visa and continuing my Job with "Company A"
My H1B Employer (Company B) did not revoke my H1B since I have not started working for him.
Now Company B is going to renew my L1B visa for another 2 years.
If they renewed my L1B Visa, what will happen to my H1B?
In future if I want to switch to H1B, can i switch to H1B with my current H1B or do I need to file new H1B with fresh quota (Which opens in April)?
I am really tensed now and I am not understanding whether I should go for L1B extension or do I need to switch to H1B immediately to keep my H1B status alive? What I want to now is for some time i want to continue my job with Company A on L1B by going for L1B renewal and later once the recession is over I want to change my status to H1B? can I do this?
Please advice me what steps I should take to continue in USA?
I am working for "Company A" on L1B from Nov 2006. In 2008 April "Company B" filed H1B and it got approved and received approval letter with I-94 effective from Oct 1st 2008.
After getting H1B I did not move to Company B and continued work with "Company A" on L1B Visa. To void the I-94 received with my H1B Approval I traveled my Home country on Sep 28th 2008 and returned to US on Oct 6th 2008 on L1B visa and continuing my Job with "Company A"
My H1B Employer (Company B) did not revoke my H1B since I have not started working for him.
Now Company B is going to renew my L1B visa for another 2 years.
If they renewed my L1B Visa, what will happen to my H1B?
In future if I want to switch to H1B, can i switch to H1B with my current H1B or do I need to file new H1B with fresh quota (Which opens in April)?
I am really tensed now and I am not understanding whether I should go for L1B extension or do I need to switch to H1B immediately to keep my H1B status alive? What I want to now is for some time i want to continue my job with Company A on L1B by going for L1B renewal and later once the recession is over I want to change my status to H1B? can I do this?
Please advice me what steps I should take to continue in USA?
more...
wandmaker
11-30 06:45 PM
amindarshana: (1) keep checking whether you check cashed or not (2) if 45 days passed from your SR open date - you will have to reconstruct your entire 485 packet and include delivery proof, and a copy of the check that you had sent. - check with your attorney.
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tkumar03
07-03 04:37 PM
Hi guys
thanks for the info. Since he got I 485 approved the GC status already began for him or only on receipt of GC his Green card status begins.
Which is correct? Any help.
thanks
thanks for the info. Since he got I 485 approved the GC status already began for him or only on receipt of GC his Green card status begins.
Which is correct? Any help.
thanks
more...
uppaji
04-05 04:17 PM
And provided their offices information about retrogression and IV. They aeemed to be very familiar with this issue.
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anilsal
01-28 10:59 PM
having valid AP at any time, even though is not a legal requirement, is a necessity due to potential emergency travel to home country or any other country. Hence it is safe to reapply AP 2-3 months before expiry and EAD 3-4 months before expiry. This will give you peace of mind.
more...
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H1bslave
10-19 09:09 AM
thanks for info, however the news says about illigal but I feel better after your input. All I got to do now is find someone **** and claim GC :)
its applicable to everybody...if ur victim of a crime...u can get gc too.
its applicable to everybody...if ur victim of a crime...u can get gc too.
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injrav
03-21 01:37 PM
Hi Friends
After clicking on donate link.. I found that,, minimum contribution through paypal/credit/debit card is 100$..
Can I donate 50$ as one time contribution by writing check on IV name and post it through USPS?
Please do not scold me for deciding to donate this much small amount.. My budget supports this much only at this moment.
Rav
After clicking on donate link.. I found that,, minimum contribution through paypal/credit/debit card is 100$..
Can I donate 50$ as one time contribution by writing check on IV name and post it through USPS?
Please do not scold me for deciding to donate this much small amount.. My budget supports this much only at this moment.
Rav
more...
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LondonTown
11-21 12:18 AM
Please do not go for stamping if it can be avoided, as embassies are very frequently giving form 221(g) for additional administrative processing which may take few weeks to several months.
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Blog Feeds
09-09 07:30 PM
Immigration Visa Attorney Blog Has Just Posted the Following:
http://www.immigrationvisaattorneyblog.com/177934_bus_queue_v.jpgMajor news for relatives of legal permanent residents who have been patiently waiting for their petitions to become current. The Department of State reported in the September 2010 visa bulletin (http://www.travel.state.gov/visa/bulletin/bulletin_5113.html) that applicants who are spouses or children of greencard holders (filed as late as January 1, 2010) can now be processed for greencards. This is true for applicants from all countries except Mexico and the Dominican Republic, whose priority dates aren't far behind either: January 1, 2009.
What is a a "priority date," you ask? A "priority date" is a legal term of art that can be exceedingly hard to explain (especially in a blog), but I'll try. Let's start with basics. There is a quota on how many immigrants can come legally to the country per year. Imagine the quota like it is a long line of people lining up for a greencard. The people at the front of the line are those whose relative petitions were filed earliest, ie those with the earliest "priority date." A priority date is established on the date that your petition is received by the USCIS. Of course, the earlier your priority date, the sooner you can later ask for greencard status. Generally, priority dates always move forward, but these dates can also go backwards, and if applications aren't received by USCIS before this "retrogression" happens, applicants are back to the waiting game.
In the past month, the (F2A) priority date in the the family-based second preference category (ie for spouses and children of greencard holders) advanced from March 2009 to January 2010! This has made an incredible difference to those who have been waiting to be reunited with their spouses and children, rather than expecting a year or more of wait, this category of new immigrants can now start processing their greencard applications. If you would like assistance in making sure that your application can be made as quickly as possible, contact the attorneys at Fong & Chun, LLP before those dates retrogress. --ecf
More... (http://www.immigrationvisaattorneyblog.com/2010/09/relatives-of-permanent-residen.html)
http://www.immigrationvisaattorneyblog.com/177934_bus_queue_v.jpgMajor news for relatives of legal permanent residents who have been patiently waiting for their petitions to become current. The Department of State reported in the September 2010 visa bulletin (http://www.travel.state.gov/visa/bulletin/bulletin_5113.html) that applicants who are spouses or children of greencard holders (filed as late as January 1, 2010) can now be processed for greencards. This is true for applicants from all countries except Mexico and the Dominican Republic, whose priority dates aren't far behind either: January 1, 2009.
What is a a "priority date," you ask? A "priority date" is a legal term of art that can be exceedingly hard to explain (especially in a blog), but I'll try. Let's start with basics. There is a quota on how many immigrants can come legally to the country per year. Imagine the quota like it is a long line of people lining up for a greencard. The people at the front of the line are those whose relative petitions were filed earliest, ie those with the earliest "priority date." A priority date is established on the date that your petition is received by the USCIS. Of course, the earlier your priority date, the sooner you can later ask for greencard status. Generally, priority dates always move forward, but these dates can also go backwards, and if applications aren't received by USCIS before this "retrogression" happens, applicants are back to the waiting game.
In the past month, the (F2A) priority date in the the family-based second preference category (ie for spouses and children of greencard holders) advanced from March 2009 to January 2010! This has made an incredible difference to those who have been waiting to be reunited with their spouses and children, rather than expecting a year or more of wait, this category of new immigrants can now start processing their greencard applications. If you would like assistance in making sure that your application can be made as quickly as possible, contact the attorneys at Fong & Chun, LLP before those dates retrogress. --ecf
More... (http://www.immigrationvisaattorneyblog.com/2010/09/relatives-of-permanent-residen.html)
more...
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tanmoymuk
03-02 02:09 PM
I recently got my EB1 I-140 approved. Now my lawyer wants to apply for the I-485 but I am unemployed currently. What are my options in this case? Do I show I am self-employed and apply the I-485 or wait till I get a job.
Just as a background I already have a EB2 Employer based I-485 in process and therefore have the EAD and AP in hand. The EB2 I-485 was applied in 2007 so it is past the 180 days period.
Urgent help will be greatly appreciated.
Just as a background I already have a EB2 Employer based I-485 in process and therefore have the EAD and AP in hand. The EB2 I-485 was applied in 2007 so it is past the 180 days period.
Urgent help will be greatly appreciated.
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caydee
06-19 08:15 AM
How long is the AP valid? And does the clock start ticking from the date of AP application or from the date of AP approval?
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Blog Feeds
06-26 03:40 PM
If you hold a green card and know in advance that you must be outside the United States for more than one year, it's worth applying to USCIS for a reentry permit (http://www.h1b.biz/lawyer-attorney-46E25CCD-3076-4CAE-B8909FA9BFF73FEA.html). This lets you to stay away for up to two years.
You should send in your application before leaving. Your reentry permit will serve as an entry document when you are ready to return. Reentry permits cannot be renewed and can be applied for only inside the United States. If you want to stay away for more than two years, you must return briefly and apply for another reentry permit.
The Nebraska Service Center (NSC) of the U.S. Citizenship and Immigration Services (USCIS) issued an advisement in June 2009 regarding a change in procedures related to requests for rescheduling biometrics (fingerprinting) appointments for applications for reentry permits. The NSC has advised that all applications for reentry permits will be denied if the fingerprinting is not completed within 120 days of filing. The procedures for requesting expedited fingerprinting have not changed. I assume this is due to fact that many Green Card holders living abroad were trying to apply for the permit from overseas. In order to stp the practice, USCIS is trying to impose the strict biometrics schedule to make sure applicants apply form inside the US.
Applicants either have to appear at their scheduled appointments or request to be rescheduled. This request must occur before the appointment date. A request for rescheduling must be accompanied by a reasonable excuse for the inability to appear for the scheduled appointment. Rescheduled appointments are set within a maximum 30-day timeframe. Applicants should plan their travel accordingly, as the announcement is absolute with respect to the 30-day timeframe.
Here is a good tip to avoid one's green card being considered automatically abandoned under law, it is important to return within one year, at the latest.
More... (http://www.visalawyerblog.com/2009/06/how_to_keep_you_green_card_cha.html)
You should send in your application before leaving. Your reentry permit will serve as an entry document when you are ready to return. Reentry permits cannot be renewed and can be applied for only inside the United States. If you want to stay away for more than two years, you must return briefly and apply for another reentry permit.
The Nebraska Service Center (NSC) of the U.S. Citizenship and Immigration Services (USCIS) issued an advisement in June 2009 regarding a change in procedures related to requests for rescheduling biometrics (fingerprinting) appointments for applications for reentry permits. The NSC has advised that all applications for reentry permits will be denied if the fingerprinting is not completed within 120 days of filing. The procedures for requesting expedited fingerprinting have not changed. I assume this is due to fact that many Green Card holders living abroad were trying to apply for the permit from overseas. In order to stp the practice, USCIS is trying to impose the strict biometrics schedule to make sure applicants apply form inside the US.
Applicants either have to appear at their scheduled appointments or request to be rescheduled. This request must occur before the appointment date. A request for rescheduling must be accompanied by a reasonable excuse for the inability to appear for the scheduled appointment. Rescheduled appointments are set within a maximum 30-day timeframe. Applicants should plan their travel accordingly, as the announcement is absolute with respect to the 30-day timeframe.
Here is a good tip to avoid one's green card being considered automatically abandoned under law, it is important to return within one year, at the latest.
More... (http://www.visalawyerblog.com/2009/06/how_to_keep_you_green_card_cha.html)
eager_immi
03-02 08:18 AM
Many times you get 10 year visa that does not mean they can stay for 10 years. You never get to stay more than 6 months and under exceptional circumstances that is increased to a year.
First of all, does US consulate give visa valid for 2 months? I know some countries do, especially if you are applying through SOTC like travel agents.
Ok.. to answer your question: Your parents _must_ start within 2 months from the time 2-month Visa issued. In other words, your parents must travel before the expiry of Visa in the passport.
Once they come here, how long can they stay _legally_ in USA depends on I-94 card. Typically I-94 card will be given with an expiry date, which I belive will not be _beyond_ expiry date of the Visa in the passport.
Hope this helps!!
First of all, does US consulate give visa valid for 2 months? I know some countries do, especially if you are applying through SOTC like travel agents.
Ok.. to answer your question: Your parents _must_ start within 2 months from the time 2-month Visa issued. In other words, your parents must travel before the expiry of Visa in the passport.
Once they come here, how long can they stay _legally_ in USA depends on I-94 card. Typically I-94 card will be given with an expiry date, which I belive will not be _beyond_ expiry date of the Visa in the passport.
Hope this helps!!
weilai
06-28 01:03 AM
A friend's H1B transfer from company A to company B was denied. Since his H1B with company A is still valid and is going to expire in 3 months, he can still go back to work for company A. However, if he chooses not to work for company A and tries to find a third employer to do another transfer, is he considered out of status for these three months?