Friday, July 1, 2011

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  • desi3933
    02-09 12:00 PM
    I am changing my job on H1B. I have I-140 approved with present company. What documents do I need to have to keep my old priority date? I have copy of I-140 approval notice. Do I need to have copy of labor certification as well?


    copy of I-140 approval notice


    _________________
    Not a legal advice.




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  • ssksubash
    02-16 06:19 PM
    HI,

    I am in my 7th yr extension of H1B, last time I got the stamping in Ottawa in 2005. I cam e into US on F1 and never got H1B stamping in India. Am I eligible for H1B stamping in Canada for my 8th year or should I go to India to get the stamping done.

    Any information is greatly appreciated.

    Thanks,




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  • chirukatti
    05-02 06:12 PM
    I hear that any transfer of a visa to a different one, in your case from L1 to H1 need to go back to your home country for stamping. Please consult an immigration laywer for more details.




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  • buddyinsd
    10-26 02:18 AM
    Funny answer to a funny question ha ha :D

    I hope you know how to search for info in Google. Just search it and do your basic research and then you can come back and ask question.

    Then the answers here would make a lot more sense.



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  • jimytomy
    07-18 10:57 PM
    Hello Friends,
    I think many Indians might have faced this issue.We can spell same Indian name in several ways in English.
    I have one friend who is ready to file I -485.
    He found following issues with Birth certificate. Does USCIS rejects or REF I-485 for following reason ?
    1) His mother�s name spelled differently in his Birth Certificate. (One letter is missing)
    2) His wife's Birth Affidavit has different spelling for Father�s name. (One letter is different)
    3) Is first name enought in Birth Certificate or it needs full name ?

    Keep on good work of helping each other.

    jimytomy




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  • anjans
    07-09 02:44 PM
    Of course you can start PERM in your 6th year. Make sure you do it soon and file for I-140 promptly so that once that is approved you can get 3 yr H1 approval



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  • puddonhead
    06-15 05:16 PM
    First, your friends father needs to find an employer who is willing to sponsor him for H1B and later for GC. Usually, all legitimate employers will have a host of immigration lawyers and counselors who will take care of things from that time onwards.

    That said - now may not be the best time to try and find a job in US. Finding a H1B job (i.e. one that cant be filled locally) - is even more of a challange. I wish him best of luck.

    If the person has relatives in US (is your "friend" a US citizen?) - then he may be able to "quickly" (1/2 years for immidiate relative, much more for others) immigrate using the family based immigration.




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  • abhicyber
    12-12 08:51 PM
    As per my lawyer (one of the best) returning based on AP does not invalidates your H1B status. Your wife can get H4 stamping based on your current H1B approval, although some consulate might create issue as you don’t have stamping in your passport (this is rare case). Again all this coming from best lawyer not me.

    Once she has H4 she can enter on H4 and you can enter on AP.

    HTH

    -AB



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  • Pagal
    05-28 07:49 AM
    Hello,

    Not that I know ... the worst case scenario is that your green cards are physically mailed to you and then they are returned 'cause nobody was at the home (though normally, it should just sit with your other mail).

    When you reenter US, stand in the regular visitor line.... if your card is issued, the IO will know and stamp your passport w temporary green card and allow you in the US.




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  • InTheMoment
    08-04 09:28 PM
    Please search the forum, this has been extensively discussed very recently.



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  • arrarrgee
    07-18 09:18 AM
    Can somebody file 140/485 if labor is approved today July 18th based on the new directive? How about future Labor approvals, say August 5th? Could somebody plz throw some light on this?




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  • hibworker
    12-17 02:18 PM
    You do not need new visas. At port of entry show the new approval notice to get I-94 for the duration of the new approval notice.

    My husband is in H1B visa and he transfered his visa to another company. Got the I-797 approvals too. Along with that mine and my kids H4 also got approved.

    Now I am urgently required to travel to India, and want to return from India without going for stamping. Here are other details.

    1) Even my previous H4 visa is not expired while I return from India.
    2) I have the new H4 approval notices and copy of husbands new H1s I797 with me.

    Will it be an issue if I reenter without stamping. Our plan is to go for Visa stamping to any nearby consulate in US border after I come back. Please advise.



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  • sForever
    09-22 04:21 PM
    One simple question to which I get different answers from different attorneys. I currently have US MS + 5 years of experience & working as Project Manager.. When I filed for EB-3 (in 2008) I had MS + 2.5 years of Experience and the role was Software Engineer

    When changing from EB3 to EB2 (same Employer), experience with the same employer is considered only when the job duties are >50% different from the existing job.

    Attorney 1 says: It should be >50% different from the EXISTING/CURRENT job that you are working on.. For e.g. if you were developer when filing EB-3 and now you are project Manager (which is more than 50% different in my case), you can't file EB-2 for a Project Manager

    Attorney 2 says: It should be >50% different from the job description that was used while filing EB-3 labor certification. This lawyer says you can file, because PM is different than developer (which was filed for in EB3 labor)

    Who's correct?




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  • lazycis
    11-30 10:11 AM
    Mail it in, if it's rejected you do not lose anything. According to the law (8 USC 1255) the USCIS should accept it.



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  • sounakc
    05-31 06:32 AM
    please help




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  • manojs1234
    08-11 09:35 PM
    Hello,

    I am going to Chennai for my visa stamping and the consulate website says that I need to present the " complete I-129 petition submitted by your prospective employer including the Labor Condition Application " during the interview. Can any one tell me if the photocopy of those documents will do or do I really need to carry the originals (which I don't have)?

    Thanks

    Manoj



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  • chinna888
    10-30 12:24 PM
    Same thing happen in our case, transfers TSC to local office(FL) for speed processing then after 16 months we got interviews letter from local office to attend the interview.




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  • Prashanthi
    08-13 12:47 PM
    All,

    My 4 years and 2 months on H1B will finish in this November and we are in the process of applying for an extension. I have my 140 approved and waiting for my priority date to become current.

    Can I apply for 3 years extension based on my 140 approval? or do I have to apply for 2 yrs extension to finish my 6 yrs first and then eligible to apply for 3 more years (if my priority date is still not current by then?). My HR is under the second impression (2 yrs and then 3 yrs).

    Also, please can you specify the USCIS rule under which it is applicable?

    Thanks,
    M.


    You can apply directly for a 3 year extension based on your I-140 approval.




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  • denver
    07-25 11:42 AM
    Friend of mine, asked me the below question, any one can Help?

    I got my H1-B visa stamped in the month of Feb 2007 from US consulate in chennai. I have not yet travelled on that visa, so I am wondering whether the same visa is still valid, as someone told me that if you don't travel on a visa for 6 months after stamping, it gets expired.

    TIA,




    hydubadi
    04-30 03:56 PM
    Hello Gurus,

    My 6 years H1B visa term is expiring on Apr 30th 2008. My company filed 3 years of extension on approved I140 basis, which is still pending as of Apr 30th 2008. And my I 94 is dated till Apr 30th 2008.

    I filed my I 485 in June 2007 and got EAD and AP

    1) What will be my status after Apr 30 2008. Will I still be on H1 status, if not what will be my status.

    And what is 'H1 pending for 240 days rule'.

    Your answer is very much appriciated.

    Hydubadi.:confused:




    kanshul
    05-19 07:54 AM
    I am in the same situation.. send docs to Dallas lockbox.

    Applied for EAD renewal and documents reached on May7th.. checks not cased yet. I think the whole lockbox is creating the delays but one they get to your application it is relatively quick.

    Do let me know when your checks are cased.



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  • ras
    06-15 02:01 AM
    If I were to go for an India visit, Do I need to have the stamping done again while returning?




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  • glosrfc
    11-09 08:44 PM
    Should I? I do kinda like the this._x button....haha
    http://www.pi.pwp.blueyonder.co.uk/test/buttons/geek-this.jpg

    Great competition though...I had a lot of fun with this one!




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  • theshiningsun
    05-28 09:47 PM
    thx aruben.

    so it looks like the only way out for a prospective indian investor would be to start his enterprise outside usa, get employed in it for 1+ yr, then enter the usa on L1 and apply for GC under EB-5 category?




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  • solaris27
    08-07 01:51 PM
    yes its changes online also but don't count on it..



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  • Berkeleybee
    03-05 02:40 AM
    All,

    I'm starting a thread where we can report on alliances with other organizations, i.e. organizations which have agreed to support us in one form or another.

    We appeared in the Bay Area India Community Center Newsletter for the second week in a row (http://app.e2ma.net/app/view:CampaignPublic/id:866.211583623/rid:8370aaa2ef6135414a14bf8135c0bfb7). We are looking forward to organizing future events with them.

    I also reached out to NetIP's bay area chapter -- we are trying to work out the specifics of how we can educate their members, and how they can help us.

    It would be great if the core group filled us in on other existing alliances.

    best,
    Berkeleybee




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  • 485Mbe4001
    05-21 12:36 PM
    you bet, here is the first draft.

    illegal waiting at the border = 500 points handed in a platter when you cross the border. 100 additional points per day for 6 days after you cross 50 ft beyond the border.

    illegal in the country = 500 basic points + 500 bonus points + 100 points on compassionate grounds

    legal + skilled = zero, nada, zilch, legal have been awarded 1 point for every month in the country on compassionate grounds


    points for GC 600
    points for GC via fedex and no paperwork 601 points.
    :p I say this in jest but, this is where we are heading :mad:


    take your pick... call the senators and tell them of our problems...


    Does anyone know how are they planning to calculate the points and how much points do you need to file GC/eligible for GC?



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  • radosav
    07-31 09:56 PM
    why havent you included july filers in the timetable?

    or you just want June filers to vote?




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  • Leo07
    10-13 05:59 PM
    Good Luck all the way.



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  • vvijaybabu
    02-03 02:06 PM
    Hi,

    Is there any way we can check our labor processing status as it is a genral fact that no employer would prefer to give his employee to access his status and at the same time they would not let employee to call attorney directly.So in this kind of scenario I was just wondering is there anyway we can track the status.

    Thanks in advance for your help.




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  • good idea
    11-11 01:44 PM
    Hi,
    My I-140 was filed on Aug 25 (India -Regular) and I haven't received the receipt number yet? Is this normal for paper filing. What is my best option here to expedite the process?
    Regards
    *Pu

    Guys please help me, I do not have much info about I140.

    My (desi) company filed my I140, in 2009 after 8-9 months I checked with them about status of my application; and back office guy said, that my I140 is approved but decline to give any reference/application no.

    My doubt is that I never got any receipt number after they filed my I140. My question is that Is it normal if candidate does not get any receipt number, perhaps my company's lawyer got on my/or company's behalf, is this assumption reasonable?

    Please comment...

    Thanks...



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  • smsthss
    11-30 10:59 PM
    What was your attorney's response, for your question?
    he just send in copies of my degrees..




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  • TomPlate
    07-10 01:22 PM
    My company want to be neutral. They don't want me to join in the plaintiff. Best would be AILA talking to the company and asking their help.



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  • imh1b
    06-01 12:56 PM
    can you really claim refund? Is there any rule?




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  • fearonlygod
    12-01 06:43 AM
    My Lawyers documents stated that there is no need for it, and now i am too close for travel but am just curious abt how people are following it.....



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  • fasterthanlight�
    06-06 02:52 PM
    Because i like the orb-look it gives, no glass effect would make it look flat and gross. :cap:




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  • Blog Feeds
    05-30 08:50 PM
    I am not very proud to announce this but, ICE stated a few days ago that the San Diego County Sheriff�s Department is the first law enforcement body to implement the Secure Communities program, under which every individual booked into the three largest jails in San Diego County will have biometric-fingerprints checked in a DHS system for an immigration record.

    Secure Communities, which is administered by U.S. Immigration and Customs Enforcement (ICE), streamlines the process by which ICE determines if an individual in the prison system is a removable criminal alien. Under the program, every individual booked into the three largest jails in San Diego County has their biometrics-fingerprints-checked in the U.S. Department of Homeland Security's (DHS) biometric system for any immigration record. Prior to the advent of Secure Communities, as part of the standard booking process, these fingerprints were only checked for criminal history information in the U.S. Department of Justice's (DOJ) biometric system.

    If any fingerprints match those of someone in DHS's biometric system, the new automated process notifies ICE and the San Diego intake site submitting the fingerprints. ICE evaluates each case to determine the individual's immigration status and takes appropriate enforcement action after offenders complete their prison terms.

    Illegal Immigrants will now be more reluctant to get in touch with law enforcement, thus expect more abuse towards illegals.

    Read the ICE press release here.. (http://www.ice.gov/pi/nr/0905/090526sandiego.htm)



    More... (http://www.visalawyerblog.com/2009/05/san_diego_immigration_lawyer_s_1.html)



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  • hankles
    10-09 09:17 AM
    http://www.businessweek.com/bwdaily/dnflash/content/oct2008/db2008108_844949.htm?chan=top+news_top+news+index+-+temp_news+%2B+analysis

    One could only hope that BusinessWeek readers perceive this as a case of a few bad apples and not the whole cart.




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  • Aah_GC
    06-14 09:48 PM
    Mine got approved in about 2 months time. My labor certificate reached the lawyer who passed it on to my employer.

    I did a big mistake of not asking for a copy and again when I received it while filing I140 - did not make a copy again.

    Please save a copy for yourself - it helps a lot while switching jobs during AC21.

    Hope this helps.




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  • ashrock11
    05-11 01:41 PM
    I think you should get it extended. Its a back up for your EAD if you are working in the same company. It does not affect your current 485 process.




    casinoroyale
    08-16 12:03 PM
    Anyone going to Ottawa on Sept 22nd? Please let me know.




    mv25
    08-13 02:58 AM
    I am a labour substitution case pd feb 2002 filed 140 in June at NSC. My 140 has been pending for more than a year. Now recently I received 2 year ead.

    Does this imply my 140 is approved too???

    Is it safe to work on ead of one gets 2 year ead with pending 140.??

    please advice.



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  • glus
    01-24 09:04 AM
    hi,
    Whichever status was approved the LATEST, that is the status you are in now. If H-1B status change was approved AFTER F-1 status was granted, then normally you are on H-1B status.




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  • pune_guy
    10-16 07:28 PM
    You can take FP test at any location in United States. Just make sure that you go to the nearest location at the time mentioned in the notice. I had an appointment at the Oakland office but I went to the San Jose office and they let me do the FP test there. I had gone to them the previous day to confirm whether I can take FP test at their office and that's when they told me that I can go to any office in US.




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  • nikamd
    05-06 04:51 PM
    Hi,

    Do we have any EB3 approvals in May.

    My PD is 25 Feb 2002 and i am current from March. I still have not received my approval.

    Thanks
    Nik




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  • gcloner
    04-10 10:52 PM
    Hi! I need a help.. and I mean HELP. Cause my gc is still pending. we (my family & i) are still waiting for it to come and my problem is that I am planning to go back to my country to study college in there.. Classes will start on the first week of June, and i guess that I cannot wait for my green card to come. My questions are:
    1. Can I use my H4 visa (that had been issued in US embassy in my country of origin) to leave US?
    2. Do I still need to get AP?? Even if I am a dependent of my parent?
    3. Incase our (family) GC arrived in our house here in the US, can they just go home in our country of origin with the green card? (my greencard?)
    4. Can I use my green card (brought by my parents from US) to enter back to US???

    thank you from the bottom of my heart.



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  • InTheMoment
    08-02 10:54 AM
    Send a detailed letter explaining that you are at a risk of losing job to the EAD expedite fax line.

    Another alternative is to take infopass and explain the situation to them and take the letter with you so that can send it to the proper place.

    Also call the IO directly at 1800-375-5283, 1,2,2,6,1...3,4

    Something should click.




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  • loti_GC
    01-03 03:16 PM
    Guys,

    I have my I-140 approved. My wife is filling I-539 form for extension of stay. I just want to make sure from you guys, in the form where it says 'Are you an applicant of an immigrant visa' she has to say 'No'. As I am guessing until I-485 is filed, our answer to this question is always 'No'.

    Thanks


    You are right. She has to say "No" to this question.



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  • paskal
    10-25 08:01 PM
    tri state members should take advantage of this
    thanks to you guys for all this effort!




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  • raysaikat
    02-03 10:04 PM
    Hi,

    I just became unemployed (today) but I obtained my GC through employment about 2 years ago. I have some questions:

    I am planning to spend about a week or 2 in Canada, will that cause me any problems when I come back to the US? I will keep job hunting in Canada but for a job in the US as I intend to stay in the US.

    No. If you however plan to be outside US for more than 6 months, then you might need to take some precautions so that your green card is not invalidated.

    Am I entitled to unemployment benefits since I have a GC?

    Yes.

    Will my layoff create any problems for me when I want to become a citizen of the US in about 3 years?

    Thank you so much.

    It will not.

    In general, as a green card holder, you have all rights and all responsibilities (including going to war for US in case the congress institutes draft) of a U.S. citizen, except voting rights. See the welcome letter you received with your green card.



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  • psaxena
    08-07 05:49 PM
    Hi,
    I am sending the following letter to USCIS to revoke the G-28 and asking them to send the future communication directly to me. Please let me know if the letter is good to go or any changes are required. Please feel free to make changes to it if required.

    Thanks in advance.

    Sample Letter
    -------------------------------------------------------------------------------------------------
    From:
    Name
    A#xxx-xxx-xxx
    DOB xx/xx/xxxx
    I-485 Receipt #xxx-xx-xxx-xxxxx




    To USCIS
    Service Centre
    P.O.BOX 82521
    LINCOLN NE 68501-2521

    RE: Request to revoke the Form G28 sent by attorney with I-485 form
    receipt # xxx-xx-xxx-xxxxx

    Dear Sir/Madam
    I have pending I-485 receipt number xxx-xx-xxx-xxxxx with your service center.
    My attorney no more represents me and I request you to revoke the form G28, sent by my attorney while filing I-485 application.
    In future any communication from USCIS should be sent to me directly to my home address.

    Sincerely

    _________________
    name


    Address
    ----------------------------
    xxxxxxxxxxxxxxxxxxxxxx
    xxxxxxxxxxxxxxxxxxxx
    ----------------------------




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  • willIWill
    05-18 05:43 PM
    bump



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  • danctbi
    08-18 01:54 PM
    Thanks Raj for the immediate reply.

    But just in case if I want to have all my I - 94s where can I get them. Just in case if I have missed them.

    Thanks




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  • zeeshanbutt4
    02-03 09:59 AM
    Mr. karachi wala i have same stiuation , i am currently in us and AP in hand and want to marry there in home country. bring my wife on H-4 and come back to us on AP .

    please respond if you already done it sucessfully or you are still in usa. i will really appriciate that.

    thanks



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  • Blog Feeds
    01-31 08:40 AM
    Slightly sooner than expected but the H1B cap was reached today. U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2011. USCIS is notifying the public that yesterday, Jan. 26, 2011, is the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY2011.

    The final receipt date is the date on which USCIS determines that it has received enough cap- subject petitions to reach the limit of 65,000. Properly filed cases will be considered received on the date that USCIS physically receives the petition; not the date that the petition was postmarked. USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY2011 that arrive after Jan. 26, 2011.

    USCIS will apply a computer-generated random selection process to all petitions that are subject to the cap and were received on Jan. 26, 2011. USCIS will use this process to select petitions needed to meet the cap. USCIS will reject all remaining cap-subject petitions not randomly selected and will return the accompanying fee.

    On Dec. 22, 2010, USCIS had also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the �advanced degree� exemption. USCIS will continue to accept and process petitions that are otherwise exempt from the cap.

    Those who missed the filing this week, should get ready to file on April 1, 2011 for the FY 2012 term, we feel that visas will run out fast this coming April.




    More... (http://www.visalawyerblog.com/2011/01/h1b_cap_reached_fiscal_year_20.html)




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  • shanky555
    05-09 11:39 AM
    Thank you so much for the response



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  • rahulpaper
    09-22 11:25 AM
    Yes..you can apply for AP. It is the only way you can reenter into US. I applied for my F1 (spouse) too.

    Yes you can write that same reason for the AP appplication.

    BTW your F1 is not valid anymore since you showed immigration intent. You are still legal status. If you have Tuition waver/ Stipend or oncampus job...you should also apply for EAD so that you can continue to earn money.

    DO check with International office in your university.

    I want to apply for AP but I'm not sure if I qualify and I don't want to get rejected as I cannot afford to lose the money. I am here on F-1 visa and got married and subsequently have applied for I-485 and got receipt for it.
    1. Can I apply for advanced parole?
    2. I want to go home and visit family and/or have AP in case I need to leave. Is this a valid reason? Is this what I write as my reason on form?
    Thanks.




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  • theshiningsun
    05-29 04:49 AM
    hi attorneys,

    i hv an approved PERM & I-140. my company lawyer is not sharing the approvals with me. all i hv is a copy of the I-140 approval with the rcpt no. blanked out (however it shows the A-number). i do not hv a copy of the PERM approval or details of the job description used to file PERM.

    i am planning to request USCIS for these documents by filing FOIA request. for this, i hv filled up form G-639 from the USCIS website.

    my questions:

    (1) are these 2 documents (approval for PERM & I-140) sufficient for me to retain my pd and/or use AC-21 in future? if not, then what r the other documents that i would need?

    (2) does the PERM approval hv the job description reqd for AC-21?

    (3) would i need copies of the petitions / forms filed or only the approvals would suffice?

    (4) what is the approx time frame & cost in getting these documents using the FOIA process?

    pls guide me. thx in advance,



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  • acepb
    04-23 07:05 PM
    this does clear it up a bit..thanks!




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  • shana04
    01-26 12:29 PM
    Hi. I just e-filed my I-539, status of change request from F-1 to H-4. I just found out that I chose "North Korea" for my citizenship, while it was supposed to be "South Korea". I chose "South Korea" for the passport issuance country.

    How can I fix this? Should I attach a letter explaining this, when sending the supporting documents? What else supporting documents should I submit, other than my husband(H-1)'s paystub, I-129 approval notice and our marriage certificate?

    Thanks in advance.

    you need to write a covering letter describing your mistake and mention all the supporting documents

    Supporting documents can be
    1. your passport
    2. your husband passport with your name mentioned on it
    3. your birth certificate
    4. your educational certificate (if it specifies your country of birth)

    I would suggest to send at least two or three supporting documents which shows your date of birth.

    In fact I did the same problem and I had to send the supporting documents.

    good luck.




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  • nhfirefighter13
    December 28th, 2005, 10:49 AM
    Can't see them either. When was there a dphoto get together in Indy?

    A year and a half ago. :)




    meenu_a
    03-30 11:45 PM
    Hi Becks,

    Thank you so much. I am much relieved now. So, As long as I work for the sponsoring employer(even though the labor location is different) is it ok to file Ac-21 and move to another employer.? My impression was that I was obliged to work for that exact position(the one on the labor) to prove the 'intent'.

    Thanks.




    rbharol
    04-07 10:05 PM
    Please do not start meaningless threads.
    Moderators Please delete this thread.