amalshe
12-09 03:32 PM
Hi,
Which address did you mail your upgrade request to? I will be doing the same early next week. My EB-1 I-140 (OR) just got approved.
Thanks in advance.
Which address did you mail your upgrade request to? I will be doing the same early next week. My EB-1 I-140 (OR) just got approved.
Thanks in advance.
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miamikk
02-06 08:49 PM
I was able to file for COS on my own and successfully got it approved. The process took just about a month.
indyanguy
08-24 03:05 PM
In the past EB3 was eligible for PP before EB2 was eligible.
http://www.murthy.com/news/n_eb3140.html
I've heard rumors that this will happen again. I don't understand the rationale though.
http://www.murthy.com/news/n_eb3140.html
I've heard rumors that this will happen again. I don't understand the rationale though.
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totalvisa
04-26 10:51 AM
The funny part is that I did use premium process and still took them 4 months...apparently they had made a mistake and process it as non premium and still took the extra $1,000... Im not sure if I am having bad luck or what else to think.
So I emailed Immigration and asked them about the 1 day H1b visa hoping they would tell me they made a mistake, but their answer was that it was not a mistake, that in fact they gave me 4 months and 1 day. But how did they give me 4 months and 1 day? I couldnt work during the 4 months I spent waiting for their answer, how is that the same thing? I know there is a mistake somewhere along the road, but I dont know how to address and/or what my possibilities are...
Also, along with my bad luck PERM was denied a couple of weeks ago because it was not signed by me. The PERM got audited while I was out of the country last year so my lawyer at the time sent a revised copy of it but I couldnt sign it because I wasnt in the country, (this was all explained in a letter we sent along with the package). I sent an appeal a couple of weeks ago and now Im waiting to hear from them.
My case has become very complicated! Any suggestions?
So I emailed Immigration and asked them about the 1 day H1b visa hoping they would tell me they made a mistake, but their answer was that it was not a mistake, that in fact they gave me 4 months and 1 day. But how did they give me 4 months and 1 day? I couldnt work during the 4 months I spent waiting for their answer, how is that the same thing? I know there is a mistake somewhere along the road, but I dont know how to address and/or what my possibilities are...
Also, along with my bad luck PERM was denied a couple of weeks ago because it was not signed by me. The PERM got audited while I was out of the country last year so my lawyer at the time sent a revised copy of it but I couldnt sign it because I wasnt in the country, (this was all explained in a letter we sent along with the package). I sent an appeal a couple of weeks ago and now Im waiting to hear from them.
My case has become very complicated! Any suggestions?
more...
posmd
03-21 05:11 PM
Would appreciate you updating this thread once you find out.
sundarpn
01-02 06:33 PM
Could you tell us if the I-94 was stamped with the date your AP expires? Will you need to re-apply for an H1 extension after that date?
I have the same question and a few more:
I am told that when you enter on AP, your I-94 will mention AOS or parolee or something and is valid only upto the expiry of the AP. (which in my case only 9 months or so now).
So what are the problems/implications becasue of this? Are we still on H1b status?
Under this circumstance, if one wants to change employers by H1-B transfer (NOT using EAD), will there be ANY issues in the transfer?
In short, will entering on AP casue any issues to people who want to stick to H1b and also plan on changing jobs via h1b transfer in the near future (and also marry and bring H4 dependent)?
I understand that these are very low level questions and better to consult an attrorney etc.
I have the same question and a few more:
I am told that when you enter on AP, your I-94 will mention AOS or parolee or something and is valid only upto the expiry of the AP. (which in my case only 9 months or so now).
So what are the problems/implications becasue of this? Are we still on H1b status?
Under this circumstance, if one wants to change employers by H1-B transfer (NOT using EAD), will there be ANY issues in the transfer?
In short, will entering on AP casue any issues to people who want to stick to H1b and also plan on changing jobs via h1b transfer in the near future (and also marry and bring H4 dependent)?
I understand that these are very low level questions and better to consult an attrorney etc.
more...
vinabath
07-02 03:01 PM
USCIS and DOS played ping pong on us.
USCIS played June Fool.
We are panned.
I told my wife that I will get her EAD in 3 months. Now what I should I say. I am insulted embarassed.
I planned to leave my company in 6 months. Now again I am struck.
I decided to marry a girl just because the dates are current. Now I am struck.
Oh USCIS(GOD)!!, Why did you do this me?
USCIS played June Fool.
We are panned.
I told my wife that I will get her EAD in 3 months. Now what I should I say. I am insulted embarassed.
I planned to leave my company in 6 months. Now again I am struck.
I decided to marry a girl just because the dates are current. Now I am struck.
Oh USCIS(GOD)!!, Why did you do this me?
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lvinaykumar
09-09 08:39 AM
I am going to meet TANA organisers again this month. I will try get more details for them on what kind of help do they need.
more...
gcdreamer05
08-18 10:03 AM
hi tx1 thanks for your reply.
But if we do a E-File and if we select where was your 485 filed and pending as nebraska then it generates a LIN recipient notice number which is nebraska. (even if you live in a state for Texas)
This is why it caused confusion for me. (even after reading 485 instructions)
Also i read IV forums and saw attorneys recommend filing to the 485 pending center.
So that is why i posted this question to the attorneys.
But if we do a E-File and if we select where was your 485 filed and pending as nebraska then it generates a LIN recipient notice number which is nebraska. (even if you live in a state for Texas)
This is why it caused confusion for me. (even after reading 485 instructions)
Also i read IV forums and saw attorneys recommend filing to the 485 pending center.
So that is why i posted this question to the attorneys.
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bigboy007
04-18 03:50 AM
But here is the key point when one uses EAD uscis doesnt outright know what status he is in as he just signs I-9 form which is just with employer. so weigh your options but to be safe once taking up EAD means done with H1b
Thanks virtual55.
AS PER THE ADDENDUM II
In guidance issued by legacy INS after the 1999 rule change, the Service stated the following:
However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status is s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.22 (Emphasis in original).
AILA believes that a nonimmigrant who �moonlights� pursuant to an EAD has not �left� his or her employer, and thus is still maintaining proper status. AILA requests USCIS to confirm that, in the case of an H-1B or L-1 nonimmigrant, present in the United States under a valid petition in either classification, who moonlights pursuant to an EAD, still maintains his H-1B or L-1 status.
I think as per the Addendum II, USCIS has yet to certify that moonlighting will not loose the H1B status. AS OF TODAY ,working with additional employer on EAD will void the status.
Thanks virtual55.
AS PER THE ADDENDUM II
In guidance issued by legacy INS after the 1999 rule change, the Service stated the following:
However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status is s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.22 (Emphasis in original).
AILA believes that a nonimmigrant who �moonlights� pursuant to an EAD has not �left� his or her employer, and thus is still maintaining proper status. AILA requests USCIS to confirm that, in the case of an H-1B or L-1 nonimmigrant, present in the United States under a valid petition in either classification, who moonlights pursuant to an EAD, still maintains his H-1B or L-1 status.
I think as per the Addendum II, USCIS has yet to certify that moonlighting will not loose the H1B status. AS OF TODAY ,working with additional employer on EAD will void the status.
more...
vactorboy29
10-09 12:29 PM
Thanks.
Any more info on this
Any more info on this
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ImmiRam
09-08 08:12 PM
Thank you guys for the welcome! I really appreciate all the hard work you guys have been doing so far. I have no hope on getting GC ( EB3, 2010 :) ) with current system but I will fight along!
more...
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grupak
02-06 11:46 AM
AFAIK you should be able to get the pay raise mid year even in a university, however you might have to file an amendment to your H1B if it is not the usual inflation adjustments.
Usually amendments are filled when there is a material change like new location because it invalidates the underlying old labor. There is no clear cut rule but some lawyers feel 10% pay increase is borderline. If there is a title change you also might need an amendment even though duties in universities hardly change from the usual teaching and research.
Filing an amendment is easy from what I remember.
And, yes, I am familiar with the university system.
Usually amendments are filled when there is a material change like new location because it invalidates the underlying old labor. There is no clear cut rule but some lawyers feel 10% pay increase is borderline. If there is a title change you also might need an amendment even though duties in universities hardly change from the usual teaching and research.
Filing an amendment is easy from what I remember.
And, yes, I am familiar with the university system.
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KRS
07-14 09:27 AM
My Family came back yesterday via Frankfurt. No issues whatsoever with AP @ Frankfurt.
more...
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sameerkhan7860
07-02 11:22 PM
I wrote to cnn.com highlighting the plight of us aspiring "legal" immigrants, if cnn won't cover it, I am planning to write to Lou Dobbs, if I am given the opportunity to be come a naturalized citizen, he is definitely going to listen to me :)
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chumki
12-18 02:21 PM
gcwait2007 ,
I was told that filing AC-21 memo to CIS is NOT mandatory under law.
why do I "have to " to file it?
one concern i have is that I joined the current company BEFORE 180 days (just 14 days before) as I got laid off from my pevious employer and the previous employer will NOT revoke the I-140
If I file AC-21 now, Will not USCIS find out that I joined before 180 days and find out I was laid off and cause unnecessary complications with RFE etc?
Please advise your thoughts
I was told that filing AC-21 memo to CIS is NOT mandatory under law.
why do I "have to " to file it?
one concern i have is that I joined the current company BEFORE 180 days (just 14 days before) as I got laid off from my pevious employer and the previous employer will NOT revoke the I-140
If I file AC-21 now, Will not USCIS find out that I joined before 180 days and find out I was laid off and cause unnecessary complications with RFE etc?
Please advise your thoughts
more...
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ronnie0479
12-19 01:30 PM
I got RFE stating that Submit the evidence that the alien obtained the required five years progressive experience in the job offered or the related occupation before, evidence of experience must be in the form of letters from current or former employer giving the name, address and title of the employer and a description of the experience of the alien including specific dates of the employement and specific duties.
I am curious to know did any body got such kind of RFE, what should i do the companies which i have worked for they no longer exist, what should i do, i have the experience letters with me but i donot have the job description mentioned on it.
Please advise. what are the chances of approval of my case.
Thanks in advance.
They are asking for a Letter of Experience. Your I-140 job description might be requiring 5 year of experience or you might have filed in EB2 with a Bachelor�s Degree and they might be looking for the 5 year experience letter which is a requirement for EB2 if you have just a Bachelors Degree.
Please Provied more info about you case......
I am curious to know did any body got such kind of RFE, what should i do the companies which i have worked for they no longer exist, what should i do, i have the experience letters with me but i donot have the job description mentioned on it.
Please advise. what are the chances of approval of my case.
Thanks in advance.
They are asking for a Letter of Experience. Your I-140 job description might be requiring 5 year of experience or you might have filed in EB2 with a Bachelor�s Degree and they might be looking for the 5 year experience letter which is a requirement for EB2 if you have just a Bachelors Degree.
Please Provied more info about you case......
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chanduv23
09-17 07:46 AM
Me sitting in Queens right now at home - waiting for wife to come back from her night duty at the hospital
I will be heading straight to work in New Jersey, later today afternoon, I will wrap up and few more dedicated volunteers will be joining me and we are car pooling to DC by late afternoon.
Will definitely try to make it to the reception
Come on dear folks - lets all make it to DC.
I will be heading straight to work in New Jersey, later today afternoon, I will wrap up and few more dedicated volunteers will be joining me and we are car pooling to DC by late afternoon.
Will definitely try to make it to the reception
Come on dear folks - lets all make it to DC.
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ca_immigrant
02-16 11:55 PM
Hi,
I have completed 6 years on my H1 and then got a 3 year extension as my 140 was approved when I applied for H1 renewal. This is all with my current company where I am working on H1 and they have applied for my GC also. I also have a valid EAD till 2010 which I am not using currently.
If I get a new job, can I transfer my H1 and still keep my GC process going on or do I have to switch to using EAD at the new job instead of H1 ?
Basically, am wondering if we can transfer H1 and that way have a backup just in case of any issues with EAD.
Thanks for your advice !
I have completed 6 years on my H1 and then got a 3 year extension as my 140 was approved when I applied for H1 renewal. This is all with my current company where I am working on H1 and they have applied for my GC also. I also have a valid EAD till 2010 which I am not using currently.
If I get a new job, can I transfer my H1 and still keep my GC process going on or do I have to switch to using EAD at the new job instead of H1 ?
Basically, am wondering if we can transfer H1 and that way have a backup just in case of any issues with EAD.
Thanks for your advice !
GCwaitforever
03-16 12:20 PM
I sent an e-mail commending the report and its rcommendations to the author Paul Jones. Here is the reply I received from the Assistant Director GAO. I blanked my personal information and put xxxxx.
From : Michael P Dino <Dinom@gao.gov>
Sent : Thursday, March 16, 2006 11:04 AM
To : xxxxxxxxxxxxxxxxx
CC : "Carlos M Garcia" <Garciac@GAO.GOV>, "Paul L Jones" <JonesPL@GAO.GOV>
Subject : GAO Report on Immigration Benefit Fraud
xxxxxxxxxxx:
Thank you for your kind words regarding our report. We hope our report's
recommendations result in USCIS enhancing its ability to control immigration
benefit fraud.
Michael Dino
Assistant Director
Homeland Security and Justice
Los Angeles Office
U.S. Government Accountability Office
Tel: (213) 830-1150
FAX (213) 830-1180
e-mail dinom@gao.gov
From : Michael P Dino <Dinom@gao.gov>
Sent : Thursday, March 16, 2006 11:04 AM
To : xxxxxxxxxxxxxxxxx
CC : "Carlos M Garcia" <Garciac@GAO.GOV>, "Paul L Jones" <JonesPL@GAO.GOV>
Subject : GAO Report on Immigration Benefit Fraud
xxxxxxxxxxx:
Thank you for your kind words regarding our report. We hope our report's
recommendations result in USCIS enhancing its ability to control immigration
benefit fraud.
Michael Dino
Assistant Director
Homeland Security and Justice
Los Angeles Office
U.S. Government Accountability Office
Tel: (213) 830-1150
FAX (213) 830-1180
e-mail dinom@gao.gov
uslegals
08-20 09:42 PM
GCOrNoGC - what do u mean by PM's..? I have not recd. anything from u.!
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