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hebbar77

03-17 06:20 PM

Hi Folks.
Whats the cost of filing a motion to reopen the case 485 if wrongly rejected(either due to using AC21...). I mean lawyer fees + other fees.
I am sure there are folks here who went through this.

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Leo07

01-12 06:25 PM

Quick Question: Is it legal to hold multiple H1Bs, one with Not-for-profit and the other for profit?

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skp71

05-29 05:42 PM

Today I got CODE 1 FP notice, is this a positive sign?

I requested(May 02nd) USCIS to approve my case using "Cross-Chargeability", since my wife was born in non-retro country. But from June 01st, my PD (India) also becomes current.

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leo2606

08-04 09:24 PM

Guys,

Any idea how USCIS will determine which application goes to where?
Is it based on the State you are living or based on I-140 approval?

If there is already a thread please direct me.

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reddysms

08-08 08:13 AM

My attorney has submitted the documents for I140/485 concurrent filing. UPS has messed up and they lost my documents.It contains original documents for applying I140.

I am wondering if there is any chance that I can send photocopy of documents to USCIS explaining them the situation as I do not want to miss the chance of deadline Aug 17th. Could anyone please suggest me? Did anyone experience the same situation before.

Thanks.

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coopheal

07-07 11:59 AM

Idea is good. I doubt we would get any information out of them.
Unless this is done with mass media coverage, like CNN, MSNBC, FOX for a week.

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dhirajgrover

04-16 04:51 PM

RFE - Request for evidence

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zoooom

10-30 12:55 PM

Thanks!

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Steve Mitchell

December 17th, 2003, 02:18 PM

Great job. More of the power of digital photography and post processing.

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mallu

06-16 04:27 PM

Me and spouse got the "Card production ordered" and "Welcome notice" emails today morning.

Here is the journey:

Nov.2002 - RIR Labor filed in CA
June 2006 - Labor approved from Phily BEC
July 2006 - I-485 , I-140 filed at TSC
Sept.2006 - I-140 approved
Got stuck in namecheck ( name check may be still pending )
May 20, 2008 - RFE received for missing TB Skin test ( doctor screwed up)
June 4, 2008 - Responded to RFE
June 16, 2008 - Green card approved
Now, waiting for the actual card to arrive.

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GotGC??

11-14 03:59 PM

Find in-line
What is the minimum requirement for EB2? From what I read, it's BS+5yrs, or MS+1yr.

EB2, officially known as "members of a profession holding advanced degree", requires a "Masters degree". USCIS views a BS+5 as equivalent to a masters degree for this purpose.

1. Is there a rule that the experience should have been gained outside of the US?
No

2. Is there a rule that the number of years experience should be from an employer other than the petitioning employer?
Yes

Thanks!

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paskal

08-18 11:39 AM

Soumya,

Very legitimate question- don't know if anyone here will have a good answer (I hope so) but I hope you get your problem solved. I would advise a consultation with a good attorney, this is a very important matter for you. Some attorney's will answer an initial question free on the web- gives you some preliminary info.

All the best!

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devidasc

02-04 12:10 PM

At lease H1B should qualify for Stimulus amount if not H4
H1B has valid SSN and should qualify for Stimulus amount even if they are filing the taxes as married filing jointly with spouse having H4.
lets hope and try for it.

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GC_1000Watt

03-30 03:12 PM

Hi,

I am working under H1B visa and got married December last year. My wife applied for her H4 visa this month and when she got to the embassy for the interview, the consul checked and commented on the font size of her address in our marriage certificate. She said it was smaller than my address (well, she got a longer address before we got married, maybe that is why the census made it smaller) and said to my wife that it needs verification. The embassy then took all documents (her passport, our original marriage cert, etc.) and said they will call her when she needs to return for interview again.

Has anyone of you experience this? If so, any ideas how long it takes for them to call? BTW I'm Filipino. Thank you guys and God bless

I guess you should be fine once they gets satisfied with cross checking.
By the way can you please tell me in short the procedure you followed to have your wife attend H4 visa interview.
Thanks!

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nithinsurendran

04-10 02:24 PM

Thanks a lot for your prompt reply. I have not applied for 140 or 485 yet. Without applying for these there is no way we can apply for EAD right?

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freddyCR

March 9th, 2005, 12:16 PM

Thanks for your suggestions.
It is from our mistakes, that we learn.
Regards

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h1techSlave

06-15 11:42 AM

I think your numbers are correct.
Did you know that more than 1 million green cards were issued in 2009 and less than 60,000 went to actual high skilled immigrants??

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Blog Feeds

05-27 07:10 AM

On Thursday, May 14, 2009, Senator Diane Feinstein introduced a bill, nicknamed the “AgJobs Bill,” that seeks to grant amnesty for up to 1.35 million farm workers working in the country illegally, primarily in California. Feinstein and other legislators proposed the AgJobs Bill numerous times over the last decade but were met with fierce opposition. However, supporters of the bill – including the United Farm Workers of America and other worker advocates – are now hoping the legislation will become a legal reality under the Obama administration.

Generally, the AgJobs Bill would allow foreign farm workers who have been working illegally in the United States for at least two years to earn a path toward becoming legal permanent residents. Workers' family members would also be eligible for legal permanent residency, which could bring the number of legalized farm workers to approximately two million people. The bill would also focus on overhauling a program that aims to recruit foreign workers for seasonal jobs on American farms, where profitable construction jobs have tended to lure workers away.

For more information on Senator Feinstein and the AgJobs Bill, please visit: http://feinstein.senate.gov/public. For additional information on this news story, please visit: http://www.mercurynews.com/breakingnews/ci_12370678.



More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/1lsKxgHuaq4/)

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gc_on_demand

07-16 11:51 AM

Everything...

I sent you pm please reply.

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arnet

11-21 01:50 PM

few days ago, I tried to extend H4 visa for my spouse but I heard through one of the lawyer in the firm that once H4 visa holder used EAD, H4 becames invalid unless you enter again in POE using H4, we cant apply for H4 extension as the current status is AOS. But we are still exploring it.

I checked in H4 extension form I-539, they ask:
1. current immigration status?
2. whether you want to extend current status or change of status?

But my spouse is working so if we say change status to H4 from AOS then not sure whether she can use immediately EAD to work? I opened a thread regarding this.

Anybody experienced the same issue as above? Thanks.

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imi1224

05-14 10:23 PM

Hi IV friends-

I am preparing to apply for my EAD througth E-file online. I am on H1-B currently and my I-485 was filled under my husband's EB2 application in July 2007. I did apply for EAD at the same time and got approved EAD for a year but never used and it it expired in December 2008. Now My H-1 B cap will reach in March 2011 and want to go on EAD ASAP so I can save the remaining time on H1-B ( advised by my company lawyer.) . My questions -

Should I apply for reneal of EAD or new EAD?

How difficulat is it to apply online? Do I need to send coyp of my H1-B etc as supporting deocument?

Thanks in advance for all the help.

Regards,

Imi1224

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buntee2

06-17 11:23 AM

Attorney applied for my H-1b transfer in the first week of June'08 and I have still not heard back. How long does it typically take to receive Receipt Notice?

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ramus

08-20 09:28 AM

Not sure why you creating same thread again..

Here is old thread from you..
http://immigrationvoice.org/forum/showthread.php?t=12542

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james_bond_007

03-25 08:18 PM

Hi,
Your case is with TSC or NSC ? . TSC online system has been down for over 2 months now ( no updates after 2/10/09 ).

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nixstor

03-02 07:26 PM

Looks like already two dick less Basterds visited this (who left -ve rep for me)

Our intention at IV is not to control any one's speech.

Dont you have any thing else better to do other than instigating another group of people?

Is this what the great state of AP and Telugu culture taught you?

As a fellow Andhrite, I feel ashamed with your choice of words.

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virtual55

02-24 01:34 PM

Congrats man, but I think it is better to close this thread, before some anti folks make this a big issue.
Atleast change the Title.

Congrats man and all the best, if i were you i will just keep quiet and not advertise this, atleast you are safe for next 3 years :D you dont want anyone now digging to bring your case back to limelight to reject it. so just be quiet...

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kirupa

03-22 05:10 PM

Added!

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allen_1974

01-23 01:34 AM

Hi,

My passport will be expiring in next 6 months. I do have an appt pending with US embassy Bombay. I have some queries, if someone can please guide me:

1. What happens to old passport. I took Appt with old passport number?

2. Can I keep my old passport?

3. Is it OK to go for new renewed passport? Or will it impact the H1B stamping and interview process?

Pls suggest.

Regards

---

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thesparky007

04-23 09:28 AM

the first one is great and the rest are good

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skakodker

02-14 07:01 PM

Thank you.

Based on your response, my understanding is that so long as I am with my current employer, travel on H1 /H4 is fine. When she gets back, I can consider using my EAD to switch jobs.

You mentioned "if you or your wife don't want to use EAD in the near future..." - to your knowledge, will there be a problem if I use my EAD during her trip to India?


Thanks - Sunil

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marlon2006

06-21 09:39 AM

Hearings will go on for a while. Since it is already known that the public oppose amnesty, personally I will definitely forget CIR. It may return again next year, but remember that by then the Senate may have voted out a number of incumbents that voted pro CIR.

I think this will take patience. If one can wait and watch this unfold for the next 2-5 years without going crazy, then you may watch the passage of CIR during your lifetime.

out of deference to the President, the republicans are not coming out publicly in opposition to it, but in private they are acknowledging anonymously that the bill is dead

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kothari_rupesh

07-07 01:03 AM

^^^^^BUMP^^^^^ Please Anybody, time line with recent AP Approvals at NSC ?

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martinvisalaw

06-09 01:05 PM

You need to file a COS from H-4 to H-1B. You cannot work until the H-1B is approved, because you are not in H-1B status now and therefore cannot use H-1B portability rules. You will not be subject to the cap since you have held H-1B status withing the past 6 years, and presumably not used a full 6 years.

Whether your last employer or a new employer files for a new H-1B status for you, it is still a new filing and any prior filings are not relevant, except to show that you are not subject to the cap.

By the way - this might get more comments if posted in the Nonimmigrant Visa section of the forum.

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kiran8376

09-08 10:01 AM

Hi All,
My Employer applied for Labor on Aug 11th 2010 and yesterday we got the audit notice saying :

The application indicates the foreign worker is required to live on employer's premises although the application does not indicate the position is for a Live-in domestic. Please provide a detailed explanation indicating the reason the foreign worker must reside with the employer.

In ETA-9089 for Section H-17 question we have checked "Yes" but i guess it should be No.
We miss understood the question and thought it was asking about working at location and maked it yes.

my question is :
1) Can we make correction and send while replying to Audit (RFE)?



Please help on this.

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pointlesswait

02-03 05:07 PM

have u checked linkedin?
for current/former employees from that firm??


or if you know some website which has reviews of companies plz let me know that site...

---

IneedAllGreen

12-10 06:27 PM

This is strange and I don't know if anyone has come across this situation. My I-140 is under appeal process from last 5 months and today I got this update on my I-485 that "my case has been sent to ADMIN APPEALS OFFICE location for processing ". There is no update in I-140 or I-290B forms date online. Does anyone come across same situation then please share with us. :confused:

Thanks

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TexDBoy

11-22 03:37 PM

I think
- For Perm and subsequently I-140, you can only specify employers that are directly relevant to the number of years of experience claimed in labor. The details of the petitioning employer are most relevant and all your past employments should add up to the experience required
- However, for I-485, which is your application, you have to specify all the employments that you filed taxes for and from whom you received your paystubs (primary/secondary).

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kaisersose

08-09 01:11 PM

My Lawyer said that the Premium Processing for I-140 will be again available from 08/16/2007, he said he knows that 100%. Did someone have some information about this ??. Can this be true??

No...but that is very interesting.

if this comes true, then please share this lawyer's name on these forums so that everyone can benefit from his/her info channel into the USCIS.

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matreen

08-22 06:39 PM

Hmmmmm....

How about this...

After you applied your 485 and work for the same company for 180 days, also you got your EAD. .....

Can someone change the employer afterwords (after 180 days) without worrying about H1B visa renewal/transfer?

If so what are the requirements....common guru's give us some hopes....

Thanks,

MS

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add78

04-21 05:07 PM

Hello,

If someone is going to be filing for I-140 on a recently approved EB2 (India) while on H1-B in USA with same employer, is it better to check the first box (Alien will apply for visa at a consulate abroad - meaning consular processing of 485) instead of AOS? My understanding is once I-140 is approved and if 485 dates become current, then if CP has been indicated on I-140, then the consulate abroad will order visa number in the month after and the person should get an interview call, even if the dates retrogress back in the following months?
In that case indicating CP is better than AOS on I-140? If so, can the person continue to work on H-1 while waiting for the interview call at consulate abroad?

Thoughts appreciated. Anyone please?
Thanks

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senk1s

05-14 12:20 AM

2 cent questions ...

Is NSC processing EB3s regularly?

TSC is not processing EB2s as well ... are they working on EB1s only?

Is it because the Visa #s are exhausted for the period?

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MYGC2008

02-25 02:57 PM

Transit Visa is Not Required in Frankfurt. Infact I had renewed passport with all pages blank. At the transit one officer asked me On what Visa are you travelling to US?
I said I have Advance Parole.That's all. The Officers are nice and friendly. They know it.

Infact I visited German Consulate at BOSTON before travelling. The Consulate General was extreemly good and told me "Not to waste money on transit visa"

---

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Blog Feeds

05-27 07:10 AM

On Thursday, May 14, 2009, Senator Diane Feinstein introduced a bill, nicknamed the “AgJobs Bill,” that seeks to grant amnesty for up to 1.35 million farm workers working in the country illegally, primarily in California. Feinstein and other legislators proposed the AgJobs Bill numerous times over the last decade but were met with fierce opposition. However, supporters of the bill – including the United Farm Workers of America and other worker advocates – are now hoping the legislation will become a legal reality under the Obama administration.

Generally, the AgJobs Bill would allow foreign farm workers who have been working illegally in the United States for at least two years to earn a path toward becoming legal permanent residents. Workers' family members would also be eligible for legal permanent residency, which could bring the number of legalized farm workers to approximately two million people. The bill would also focus on overhauling a program that aims to recruit foreign workers for seasonal jobs on American farms, where profitable construction jobs have tended to lure workers away.

For more information on Senator Feinstein and the AgJobs Bill, please visit: http://feinstein.senate.gov/public. For additional information on this news story, please visit: http://www.mercurynews.com/breakingnews/ci_12370678.



More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/1lsKxgHuaq4/)

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gtg506p

01-07 10:24 AM

Had a quick question. Not sure if this has been discussed before. Planning to get wife here on H4 and she wants to study. I have applied for 485 and in retro now. Is it advisable to study on H4 or F1? I know she can work on F1 but would that not be advisable since lets say the VB does become current in future for me then filing her 485 might be a problem since F1 is pure non immigrant and USCIS might hold it againt her. Any info/simlar situations greatly appreciated.
Thanks
Amar

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rkoliparthi

08-07 09:47 PM

Hi Guys,
I have few questions.
I applied my Greencard under EB-3 Category and my labour was approved on Jul'2007. My priroity date is 25th June'2007.
Applied I140 & I485 concurrently and I140 was approved on Sep2007. Both myself and my wife got EAD's. Currently my wife is on EAD and still I am on H1-B.

Now I got another offer from fortune consulting company and I am planning to shift by using H1B transfer.

Steps to take care
Offer letter should contain same job title and same job duties. What else do I need to take care?

Some of my friends told not to submit AC21 and some of them told me to submit AC21 without fail.

Can my company withdraw my approved I140(was approved 2007) is it possible to do that?

Please let me know. I am in a very confused state weather to accept new offer or not.

Appreciate your comments.
Krishna

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MONCYS

03-20 11:42 PM

TSC online system is down. Any update on this ??

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Big Tom

07-05 08:34 PM

I just found this link (http://immigrationvoice.blogspot.com/) where this topic is already covered. Mods, please remove my post (and maybe it would make sense to create threads specific to the USCIS/DOS mess up to - at the moment it does not look very organized to me and it is hard to find information. Maybe sub-threads with "law suit", "publicity" would channel comments better?)

--------------------------------------

I only read about an article in two online newspapers but believe this whole topic should get significantly more attention. I do not know if that is going to help to get this started but I sent an e-mail to our local TV stations and hope that some may be interested and even pick it up. Again, no idea if this is going to work but I assume that if they get more e-mails regarding the same topic, interest will come up....

Tom


Hi,
With having many international operating companies in the U.S. who all employ legal alliens who are going through the "greencard process" to become legal permanent residents, the Department of State (DOS) and the U.S. Citizenship and Immigration Services (USCIS) have destroyed many plans, caused significant financial loss for applicants and very likely acted against the law. Here is an open letter from congresswoman Lofgren which explains the situation a little bit more detailed: http://lofgren.house.gov/PRArticle.aspx?NewsID=1808

I think this would be well worth a few minuted report - everybody is talking about the pain that the illegal immigrants go through but (without taking away anything from that), the pain of legal alliens having to deal with the willful behavior of USCIS and DOS is not much better.

If you would be interested in more information, I would be more than happy to help.

Best regards,

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bostonqa

06-14 09:05 AM

---I'm only talking in regards to FY-2007 in light of current development.---

Now that everything is current there would not be any need to per country quota. CORRECT?
Or since EB3 other is not current ("U") they cannot use AC21?

they have hinted retrogression in Sept for China, India, etc

Now if there is no per country quota, how can they retrogress EB for China, India, or any other country unless EB3 ROW is not current?

So unless they retrogress ROW, logically they should not retrogress at least EB2 for India, China and other countries

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ronhira

06-08 11:41 AM

There is one way to find out if CIR is any good for EB - by looking at the bill when it is proposed bill and amendments. It will be suicidal to assume that CIR is somehow bad for us, and incriminate any effort for CIR. My point earlier was not that CIR is bad for EB, but about the actual reason for Sen. Reid's recent comments, just to set the expectations straight.

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mirage

07-10 11:12 AM

Guys,
AILF is seeking plantiffs. Please show some spine & courage. If your employment history and everything on your green card file is clean, volunteer for becoming plantiff. I have a gap in employment otherwise I would have surely volunteered.

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newbie2020

07-20 07:22 AM

Have you filed your 485 during july fiasco, if yes then you have 180 days + after your 485 filed and you can move/port to any other employer













I have these below queries on Green card processing

My Green card processing background
My labor and I140 are approved and have priority date of May 2006 under EB3 category.

The reason for these questions is that I am planning to change the company that I am working with.

Questions.
1. Can I port the priority date (March 2006) when applying for new green card with new employer.
2. If possible to port the priority date can I apply under EB2 category assuming all other criteria satisfy for EB2 category and use the same (May 2006) priority date.

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BMP

01-13 07:04 PM

Send him a letter by certified mail and then dump the bloodsucker ! Noncompete agreements are very dubious in the first place so I doublt the employer would try to reclaim the loss.
Also you can get a free initial consultation from a licensed lawyer, there are plenty of options here. At most he would charge you something around $200

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foobar2001

02-02 01:28 AM

Hello,

I am one of those cases where no one can get my name right. This time my visa stamp has an FNU against my first name.

I have a valid SSN, valid California DL and a valid California marriage certificate. The I-797 is not a blanket petition. It has my name as I wish it to be. I used my I-797 to get my DL couple of years back.

The question is, will the FNU create any problems at the port of entry? Will it create problems when I renew my H1-B later this year?

How would I enter my name on the I-94? As on the petition or as on the visa?

Thank you in advance.
i had the same issue on my visa. There were no problems at port of entry. Also, i used my real first name in every subsequent form in the US (i94, gc application etc), and have not faced any problems...good luck!

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mach1343

09-24 05:04 PM

Hi Gurus,

Please suggest me the best option as i am still undecided.


My employer terminated my employment when I lost my job with the client company during 2nd week of June 2009. Before termination, my employer filed my GC and I have my EB2- 140 approved (PD- Feb 2007) and also My previous H1 extended last year 2008 and they have issued my visa for another 3 yrs (3rd term in H1). Since then I am without job and looking for an opportunity. But to be on safe side I left the country before the 30 days of my termination. I came back to US on H4 visa (so that I will be in-status and my GC won't get affected).


Now i am getting an opportunity for a FT position with a company and now I am undecided what to do? If I took the FT with a new company and then my GC process will start from beginning (applyng labor and then once approved (don't know how long it will take to approve labor in EB2) I can then file for 140 porting my previous approved 140 -eb2 with PD Feb 2007) or Just wait until I find a contract job and go through my previous employer and continue my GC process from where it is left.

Currently the PD for EB2-I is in 2005. So should I wait and go smoothly with my previous employer (but still we don't know how long it will take) or go with the FT.


Please suggest me.


i am badly need your advice.


Regards

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09-08 08:03 PM

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kdd

08-24 01:05 AM

Sorry, I wasn't very clear. I meant what's going on here:

public ComplexNumber( double real ):this( real, 0 )

What is ": this" doing after the function definition?

Thanks! :)

---

bostonqa

06-14 09:05 AM

---I'm only talking in regards to FY-2007 in light of current development.---

Now that everything is current there would not be any need to per country quota. CORRECT?
Or since EB3 other is not current ("U") they cannot use AC21?

they have hinted retrogression in Sept for China, India, etc

Now if there is no per country quota, how can they retrogress EB for China, India, or any other country unless EB3 ROW is not current?

So unless they retrogress ROW, logically they should not retrogress at least EB2 for India, China and other countries

---

lazycis

10-17 12:06 PM

Thank you! Hopefully 8c/page is not big money for me.

All you need is History/Documents report to check upon the status. So that's 8c per case. Opinions are free in PACER.

---