desi3933
07-09 11:57 AM
Is the 3yr extension based on an approved 140 transferrable to another employer for the full duration of 3 yrs?
Yes. As long as I-140 is not canceled or revoked.
___________________
Not a legal advice.
Yes. As long as I-140 is not canceled or revoked.
___________________
Not a legal advice.
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reachinus
07-18 01:02 PM
I do not know about the number of recipts#, but if you gave the checks for the applications then most of the banks give images of cashed-check. That image will have the recipt number printed on the back side of check.
BTW, When did your 485 application/package reach USCIS? June or July 2007
Yes. You can get the numbers for the cancelled checks as well.
BTW, When did your 485 application/package reach USCIS? June or July 2007
Yes. You can get the numbers for the cancelled checks as well.
aioros
05-15 02:07 AM
yea, maybe so jamie - i just wanted the "c" to stay within the confines of the square, and throw in a "circle" figure within all those ... squares. :)
:smirk: what do all you guys think?
:smirk: what do all you guys think?
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tsiger
04-18 07:07 AM
coool!
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gc_chahiye
09-19 05:21 PM
if i use EAD for a part time job, does the H1B visa status become invalid?
yes. look up the archives, this has come up quite a few times. Some people say going from EAD to H1 is a one-way street and coming back requires new H1 subject to cap. Many others (including my attorney) say that you can come back on new H1 (or even existing H1 petition if its not expired) without being subject to quota/cap. Reactivating the H1 does require a trip out and back into the US.
yes. look up the archives, this has come up quite a few times. Some people say going from EAD to H1 is a one-way street and coming back requires new H1 subject to cap. Many others (including my attorney) say that you can come back on new H1 (or even existing H1 petition if its not expired) without being subject to quota/cap. Reactivating the H1 does require a trip out and back into the US.
dealsnet
11-16 04:16 PM
Hi,
I am a green card holder via the DV program of 2007 and my husband is on student visa. We had entered US individually prior to our marriage. Our marriage took place back in Nepal in 2008 and considering the long waiting period for the dates to become current, I didn't file I-130 for my husband immediately after our marrigage thinking that we would wait for my citizenship. But now seeing the advancement in the current dates for Family based visa, I would like to file the I-130 for my husband. Please advise what my best bet would be? Wait until I get my citizenship or file now? Also if I file now, how long might it take for him to get his EAD and GC?
Can I file the I-130 form on my own for would need to get a lawyer for that. Currenlty we are in Seattle, Washington.
Any suggestions will be highly appreciated.
What you did is a mistake. No need to wait for citizenship. You can upgrade the petition any time.
NOW FOR BRINGING SPOUSE FOR GC HOLDERS IS SIX MONTHS.
SO RUSH TO FILE I-130 FOR HIM. IF HE IS HERE, FILE I-485, WHEN THE DATE BECOME CURRENT (AFTER 6 MONTHS), OR GO FOR CONSULAR PROCESS. NO NEED FOR A LAWYER FOR FAMILY BASED FILING. DOWNLOAD I-130 FORM WITH INSTRUCTIONS, FILLUP AND SEND WITH MARRIAGE, BIRTH CERTIFICATES AND OTHER DOCUMENTS. IF YOU CAN READ AND WRITE ENGLISH, YOU CAN FILL IT AND SEND IT.
I am a green card holder via the DV program of 2007 and my husband is on student visa. We had entered US individually prior to our marriage. Our marriage took place back in Nepal in 2008 and considering the long waiting period for the dates to become current, I didn't file I-130 for my husband immediately after our marrigage thinking that we would wait for my citizenship. But now seeing the advancement in the current dates for Family based visa, I would like to file the I-130 for my husband. Please advise what my best bet would be? Wait until I get my citizenship or file now? Also if I file now, how long might it take for him to get his EAD and GC?
Can I file the I-130 form on my own for would need to get a lawyer for that. Currenlty we are in Seattle, Washington.
Any suggestions will be highly appreciated.
What you did is a mistake. No need to wait for citizenship. You can upgrade the petition any time.
NOW FOR BRINGING SPOUSE FOR GC HOLDERS IS SIX MONTHS.
SO RUSH TO FILE I-130 FOR HIM. IF HE IS HERE, FILE I-485, WHEN THE DATE BECOME CURRENT (AFTER 6 MONTHS), OR GO FOR CONSULAR PROCESS. NO NEED FOR A LAWYER FOR FAMILY BASED FILING. DOWNLOAD I-130 FORM WITH INSTRUCTIONS, FILLUP AND SEND WITH MARRIAGE, BIRTH CERTIFICATES AND OTHER DOCUMENTS. IF YOU CAN READ AND WRITE ENGLISH, YOU CAN FILL IT AND SEND IT.
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gc_on_demand
03-10 03:29 PM
Hello Every one
As we have some funding drive , I would like to start this thread so people update their profile. Please do update your profile and post confirmation once you are done.
How to update Profile :
(1) Login into IV site
(2) Click on Forum from Top Navigation
(3) Click on My User Profile from Drop down
(4) Click on Edit Your Details on Left side navigation. Please enter correct GC details
Post confirmation message once you are done so you can verify details of your profile in your post.
As we dont know yet how long FOIA will take but at least we can have some stats. and may not need to go on other commercial site for data.
As we have some funding drive , I would like to start this thread so people update their profile. Please do update your profile and post confirmation once you are done.
How to update Profile :
(1) Login into IV site
(2) Click on Forum from Top Navigation
(3) Click on My User Profile from Drop down
(4) Click on Edit Your Details on Left side navigation. Please enter correct GC details
Post confirmation message once you are done so you can verify details of your profile in your post.
As we dont know yet how long FOIA will take but at least we can have some stats. and may not need to go on other commercial site for data.
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vidyakulkarni
06-08 11:37 AM
Mr. Butterfield's Opus: Advocacy Days....and a little sightseeing (http://mrbutterfieldsopus.blogspot.com/2010/06/advocacy-daysand-little-sightseeing.html)
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gparr
May 19th, 2004, 01:54 PM
Agreed, but look at last week's two leading finalist shots. Basically a couple of good family snapshots: the kid getting wet and a guy with a hose. Confuses me as to what's considered good "competition" photography.
Gary
Gary
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martinvisalaw
08-25 03:03 PM
Is there any minimum length of time to be on H4 before applying to H1.
No. Most people are never on H-4 when they apply for H-1B. The only catch is that it might raise a suspicion if a person entered in H-4 status and immediately filed to change to H-1B, say within a couple of days. A difficult CIS officer might consider that this meant that the person entered by misrepresenting their true intention. However, given that there is a cap and the person couldn't start on H-1B until 10/1 anyway, that should be OK.
No. Most people are never on H-4 when they apply for H-1B. The only catch is that it might raise a suspicion if a person entered in H-4 status and immediately filed to change to H-1B, say within a couple of days. A difficult CIS officer might consider that this meant that the person entered by misrepresenting their true intention. However, given that there is a cap and the person couldn't start on H-1B until 10/1 anyway, that should be OK.
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softcrowd
06-17 07:50 PM
I & My wife are working on H1-B visas currently. We two simulataneously started our Greencard process with our employers.
Both of us have a priority date of Sept 2006 & our EB category is Eb2. Both our labors got approved & applied for I-140s. My wife's I-140 got approved recently (from TSC) while Mine is still pending with NSC (Nebraska dates are behind).
A couple of months back, my current employer offered me a pre-aproved EB3 labor (from April 2004) & asked me to apply for I-140 (Substitute). He told me that once approved, I can port this EB3 2004 priority date onto my Eb2 I140. I applied for the same in premium processing, subsequently got an ability-to-Pay RFE and employer is working on providing audited financial statements from 2004.
Overall, we have 3 I-140s between me (2 pending) & my wife (1 Approved). Now that everything is current which one should we pick for applying I-485....This has become a big puzzle for us.
Here below is a snapshot of our status:
Me - EB2 (Sept 2006) - I-140 Pending
- EB3 (Apr 2004) - I-140 Pending (got RFE)
My wife - EB2 (Sept 2006) - I-140 Approved
Here are the options we could think of -
I know, the safest way is to apply I-485 to my wife's approved I-140. But with the DHS's forecast that retrogression is going to be back anytime around Spetember of this year, I am not sure if applying 485 based on a year 2006's date is any useful!! (We get EAD but we may be struck for years to get the green cards).
Is there an option for both of us to apply for I-485s (I will be dependent on my wife's application & my wife would be dependent on my application). If possible, this option gives us a safety net & also helps us in picking up the best. I know at some point, we have to choose between either of the I-485s but hopefully in a couple of months, we get clarity when both my I-140s are approved.
Or is it possible for me to apply for AOS on my pending EB2 2006 I-140 and then once my other Eb3 I-140 is also approved, Can I port the PDs while my I-485 is pending??
In essence, I am trying to find out a way to take advantage of 2004 Priority date I have (assuming Eb3 I-140 is approved).
Could you please help out, if you have any ideas!!
Both of us have a priority date of Sept 2006 & our EB category is Eb2. Both our labors got approved & applied for I-140s. My wife's I-140 got approved recently (from TSC) while Mine is still pending with NSC (Nebraska dates are behind).
A couple of months back, my current employer offered me a pre-aproved EB3 labor (from April 2004) & asked me to apply for I-140 (Substitute). He told me that once approved, I can port this EB3 2004 priority date onto my Eb2 I140. I applied for the same in premium processing, subsequently got an ability-to-Pay RFE and employer is working on providing audited financial statements from 2004.
Overall, we have 3 I-140s between me (2 pending) & my wife (1 Approved). Now that everything is current which one should we pick for applying I-485....This has become a big puzzle for us.
Here below is a snapshot of our status:
Me - EB2 (Sept 2006) - I-140 Pending
- EB3 (Apr 2004) - I-140 Pending (got RFE)
My wife - EB2 (Sept 2006) - I-140 Approved
Here are the options we could think of -
I know, the safest way is to apply I-485 to my wife's approved I-140. But with the DHS's forecast that retrogression is going to be back anytime around Spetember of this year, I am not sure if applying 485 based on a year 2006's date is any useful!! (We get EAD but we may be struck for years to get the green cards).
Is there an option for both of us to apply for I-485s (I will be dependent on my wife's application & my wife would be dependent on my application). If possible, this option gives us a safety net & also helps us in picking up the best. I know at some point, we have to choose between either of the I-485s but hopefully in a couple of months, we get clarity when both my I-140s are approved.
Or is it possible for me to apply for AOS on my pending EB2 2006 I-140 and then once my other Eb3 I-140 is also approved, Can I port the PDs while my I-485 is pending??
In essence, I am trying to find out a way to take advantage of 2004 Priority date I have (assuming Eb3 I-140 is approved).
Could you please help out, if you have any ideas!!
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vikki76
03-28 06:59 PM
Interesting comment on one of old BusinessWeek articles.It strongly highlights power an employer holds over H1-B employee.
http://www.businessweek.com/globalbiz/blog/bangaloretigers/archives/2006/11/us_software_tal.html
"'m not at all surprised that the first few comments on this post have been very skeptical of the skills shortage.
No matter how you feel about the alleged shortage, you have to acknowledge that the H1B gives the employer a remarkable amount of power over the employee's life. The employer bestows the right to live in the United States upon the employee, and often sponsers the employee's application for a green card. Changing employers is not impossible, but it is tricky and perilous.
As an American, I can quit my job and become a contractor. An H1B can't. If my girlfriend decides to move across the country for a new job, I can quit my old job and go with her. An H1B can't. If I decide I'm tired of programming, I can quit and apply to law school. An H1B can't. And, most importantly, if I think I'm talented and should earn well above market rate, I can go into my boss's office and negotiate with the knowledge that I'm free to find a better deal elsewhere. An H1B can't - unless, of course, he's willing to give up on his wait for a green card and return to his country of origin and start all over again.
While I'm not a protectionist in any way, I view the indenturedness of the H1B visa as an affront to everything America claims it believes about human and economic freedoms. No employer should ever have this kind of power over an employee.
Congress is perfectly capably of creating an employment category for foreign nationals that preserves freedom for the engineer who comes to America. They still haven't. Why? Well, the most likely explanation is that the corporations who lobby for this visa *enjoy* this power over engineers. And this, in turn, leads to work conditions that drive America's best and brightest away, into careers in law, medicine, finance, and so forth, exacerbating the very shortage that the visa was designed to address.
Unlike some of the posters here, I'm ok with the existence of skilled worker visas. But any increase should be off the table until basic human and economic freedoms are preserved for the worker. In America, you have the right to quit your job. Period. "
http://www.businessweek.com/globalbiz/blog/bangaloretigers/archives/2006/11/us_software_tal.html
"'m not at all surprised that the first few comments on this post have been very skeptical of the skills shortage.
No matter how you feel about the alleged shortage, you have to acknowledge that the H1B gives the employer a remarkable amount of power over the employee's life. The employer bestows the right to live in the United States upon the employee, and often sponsers the employee's application for a green card. Changing employers is not impossible, but it is tricky and perilous.
As an American, I can quit my job and become a contractor. An H1B can't. If my girlfriend decides to move across the country for a new job, I can quit my old job and go with her. An H1B can't. If I decide I'm tired of programming, I can quit and apply to law school. An H1B can't. And, most importantly, if I think I'm talented and should earn well above market rate, I can go into my boss's office and negotiate with the knowledge that I'm free to find a better deal elsewhere. An H1B can't - unless, of course, he's willing to give up on his wait for a green card and return to his country of origin and start all over again.
While I'm not a protectionist in any way, I view the indenturedness of the H1B visa as an affront to everything America claims it believes about human and economic freedoms. No employer should ever have this kind of power over an employee.
Congress is perfectly capably of creating an employment category for foreign nationals that preserves freedom for the engineer who comes to America. They still haven't. Why? Well, the most likely explanation is that the corporations who lobby for this visa *enjoy* this power over engineers. And this, in turn, leads to work conditions that drive America's best and brightest away, into careers in law, medicine, finance, and so forth, exacerbating the very shortage that the visa was designed to address.
Unlike some of the posters here, I'm ok with the existence of skilled worker visas. But any increase should be off the table until basic human and economic freedoms are preserved for the worker. In America, you have the right to quit your job. Period. "
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H1bslave
07-30 03:50 PM
^^^^^^^^^^^^^^^
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golgappa
09-10 07:16 PM
I dont think so..
but you never know..
But my guess is as long as your employer will give you a letter saying they will hire you once your GC is approved, you should be good..as GC is for future employment.
but you never know..
But my guess is as long as your employer will give you a letter saying they will hire you once your GC is approved, you should be good..as GC is for future employment.
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GC_hope_2006
08-08 04:55 PM
Please find below my case details:
i.Started on L1A in Dec 2001
ii.Applied for a new H1 in June 2005 with start date as Oct 1,2005(New H1 application) : Came to US on H1 in Mar 2006 with "I 94 and Petition End Date(PED)" as Dec 2007.
iii.Since Dec 2001 till Mar 2006, have been in India for totalling 10 months (2.5 months in 2003, 1.5 months 2004, 6 months during 2005-2006).
With the assumption that I can recapture the time spent outside US (10 months), the six year clock ends in Oct 2008. If so, to get 7th year extension
would it work as long as the Labour is filed before Oct 2007.
Am I correct in this assessment or does the 6 year clock indeed ends in "Dec 2007" (as in my I94/PED) and I should have the Labour filed before Dec 2006.
Any thoughts? Appreciate your comments.
Thanks very much in advance.
i.Started on L1A in Dec 2001
ii.Applied for a new H1 in June 2005 with start date as Oct 1,2005(New H1 application) : Came to US on H1 in Mar 2006 with "I 94 and Petition End Date(PED)" as Dec 2007.
iii.Since Dec 2001 till Mar 2006, have been in India for totalling 10 months (2.5 months in 2003, 1.5 months 2004, 6 months during 2005-2006).
With the assumption that I can recapture the time spent outside US (10 months), the six year clock ends in Oct 2008. If so, to get 7th year extension
would it work as long as the Labour is filed before Oct 2007.
Am I correct in this assessment or does the 6 year clock indeed ends in "Dec 2007" (as in my I94/PED) and I should have the Labour filed before Dec 2006.
Any thoughts? Appreciate your comments.
Thanks very much in advance.
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vchip
08-24 09:47 AM
Any chances of Chances of Reconsidering this MEMO in the near future?
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pa_arora
09-05 01:30 PM
Thankyou guys, appreciate your answers and help.
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aadimanav
08-06 03:50 PM
I have heard/read that the person should work with GC sponsoring company for at least 6 months after RECEIVING the GC. Is that true?
This is 6 months after RECEIVING the GC and not just filing the 485 - Correct?
This is 6 months after RECEIVING the GC and not just filing the 485 - Correct?
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sunny1000
11-10 04:05 PM
hi all
a friend of mine running his own business wanna apply for a visit visa or tourist visa what we are suppose to say in section purpose of your visit ????????????????????
any insight are appreciated
There is a business visa (B1) he can apply. If he applies for the B2 (tourism visa) and tries to work, it will be illegal. He beeds to say "business" in the purpose of the visit column.
a friend of mine running his own business wanna apply for a visit visa or tourist visa what we are suppose to say in section purpose of your visit ????????????????????
any insight are appreciated
There is a business visa (B1) he can apply. If he applies for the B2 (tourism visa) and tries to work, it will be illegal. He beeds to say "business" in the purpose of the visit column.
ZeroComplexity
03-13 03:11 PM
IV members should take the moral high ground refrain from making frivolous calls to USCIS, so that genuine issues get addressed quickly by USCIS.
You don't want to be holding up the lines over a LUD when someone is waiting for a USCIS customer rep over a denied I-485.
You don't want to be holding up the lines over a LUD when someone is waiting for a USCIS customer rep over a denied I-485.
neerajkandhari
07-15 09:14 AM
I am in
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