waitingnwaiting
11-10 09:50 AM
It does not look good. Has been oral arguments for some time now.
Update - �国三类职业移民法律信托基金 (http://www.eb3chinese.org/8.html)
Is there a time limit to lawsuits?
Update - �国三类职业移民法律信托基金 (http://www.eb3chinese.org/8.html)
Is there a time limit to lawsuits?
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phillyag
07-17 09:03 PM
????
sertha1
06-22 12:40 PM
I am in a strange situation. My wife got her H1B approved with petition starting date 10/1/2006 but never worked. She got her SSN on 02/24/2007. I spoke to the attorney and he gave me 3 options:
1) Change her status to H4 and apply I-485 when she gets the approval notice. But I dont know whether the priority dates would be current then?
2) Send her back to the home country and get the H4 stamped and come back on legal status. I am afraid what if she is denied H4.
3) Apply I-485 and only at the time of adjustment of status, the officer can only decide her case to approve or deny. Till then we cannot know.
What was her status between 10/1/2006 and 2/24/2007 when she didnt had the SSN? Is she considered H1B or H4?
Is anybody in a similar situation and what are the options?
Thanks.
1) Change her status to H4 and apply I-485 when she gets the approval notice. But I dont know whether the priority dates would be current then?
2) Send her back to the home country and get the H4 stamped and come back on legal status. I am afraid what if she is denied H4.
3) Apply I-485 and only at the time of adjustment of status, the officer can only decide her case to approve or deny. Till then we cannot know.
What was her status between 10/1/2006 and 2/24/2007 when she didnt had the SSN? Is she considered H1B or H4?
Is anybody in a similar situation and what are the options?
Thanks.
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sabgau
03-14 03:10 PM
Sorry to hijack your thread but I didnt want to start multiple threads on the same issue, along similar lines where can I find the actual law on H1B portability on I 140.
I have a offer but the immigration dept of the company says it cannot be done so I need to send them some documentation.
thanks
I have a offer but the immigration dept of the company says it cannot be done so I need to send them some documentation.
thanks
more...
Blog Feeds
05-30 12:30 PM
Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:
An earlier blog post "Silicon Valley Employers Need to Prepare for Surprise USCIS Visits" (http://www.siliconvalleyimmigrationlawyer.com/2009/10/silicon-valley-employers-need.html#more) described the "new normal" of USCIS employees or contractors showing up unexpectedly and inquiring about past visa petitions and foreign national workers. A recently held Department of Homeland Security program, titled, "2009 Government and Employers: Working Together to Ensure a Legal Workforce" sheds more light onto the types of visits being conducted.
Ronald Atkinson, Chief of Staff of USCIS' Fraud Detection and National Security (FDNS) (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0353f8e5492ec110VgnVCM1000004718190aRCR D&vgnextchannel=2af29c7755cb9010VgnVCM10000045f3d6a1 RCRD) office, explained the three types of site visits that are currently being conducted:
Risk Assessment Program fraud study. Applicable to any type of benefit program, including family and employment-based visas, this study is part of a joint program between USCIS and ICE (Immigration Customs and Enforcement). Applications and petitions are chosen at random, usually on a post-approval basis, for visits to help in designing profiles of potential fraud.
Targeted site visits. These visits take place where fraud is suspected, and consist of a visit to ask questions. Advance notice, including notice to counsel, is supposed to be provided.
Administrative site visits. These relate to religious worker and H-1B petitions (http://www.geelaw.com/lawyer-attorney-1054805.html). They generally are conducted by contractors who know nothing of immigration law. Religious worker visits are performed under the regulations for that category. For H-1B site visits, the contractors have been equipped with a set of specific questions, and all employers/beneficiaries should be asked pretty much the same questions, primarily reaching the issues of whether there's really an employer there, whether the employer knows it filed the petition, and whether the beneficiary is doing the work and receiving the wage indicated on the petition. H-1B visits are done on a post-adjudication basis, and are randomly selected. Each employer should receive only one such visit, but may receive different visits for different sites.
More... (http://www.siliconvalleyimmigrationlawyer.com/2009/11/why-uscis-might-be-at-your-doo.html)
An earlier blog post "Silicon Valley Employers Need to Prepare for Surprise USCIS Visits" (http://www.siliconvalleyimmigrationlawyer.com/2009/10/silicon-valley-employers-need.html#more) described the "new normal" of USCIS employees or contractors showing up unexpectedly and inquiring about past visa petitions and foreign national workers. A recently held Department of Homeland Security program, titled, "2009 Government and Employers: Working Together to Ensure a Legal Workforce" sheds more light onto the types of visits being conducted.
Ronald Atkinson, Chief of Staff of USCIS' Fraud Detection and National Security (FDNS) (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0353f8e5492ec110VgnVCM1000004718190aRCR D&vgnextchannel=2af29c7755cb9010VgnVCM10000045f3d6a1 RCRD) office, explained the three types of site visits that are currently being conducted:
Risk Assessment Program fraud study. Applicable to any type of benefit program, including family and employment-based visas, this study is part of a joint program between USCIS and ICE (Immigration Customs and Enforcement). Applications and petitions are chosen at random, usually on a post-approval basis, for visits to help in designing profiles of potential fraud.
Targeted site visits. These visits take place where fraud is suspected, and consist of a visit to ask questions. Advance notice, including notice to counsel, is supposed to be provided.
Administrative site visits. These relate to religious worker and H-1B petitions (http://www.geelaw.com/lawyer-attorney-1054805.html). They generally are conducted by contractors who know nothing of immigration law. Religious worker visits are performed under the regulations for that category. For H-1B site visits, the contractors have been equipped with a set of specific questions, and all employers/beneficiaries should be asked pretty much the same questions, primarily reaching the issues of whether there's really an employer there, whether the employer knows it filed the petition, and whether the beneficiary is doing the work and receiving the wage indicated on the petition. H-1B visits are done on a post-adjudication basis, and are randomly selected. Each employer should receive only one such visit, but may receive different visits for different sites.
More... (http://www.siliconvalleyimmigrationlawyer.com/2009/11/why-uscis-might-be-at-your-doo.html)
immigrationmatters30
11-15 09:57 AM
Not really that will be the last bill on immigration, if we want anything done.. we have to attache recapture(some how) to dream act or else...just continue to wait...
This is good news. Once Dream act for undocumented is out. Then they will take up bills for H1Bs.
This is good news. Once Dream act for undocumented is out. Then they will take up bills for H1Bs.
more...
kirupa
06-21 03:04 PM
You interpreted it correctly and your entry flies very nicely under the guidelines! :)
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eb3_nepa
02-25 09:29 PM
Actually, you can file 485 when your PD becomes current, even if the 140 is still pending approval. You need to submit the 140 details alongwith your 484 application.
Is it possible for someone to post a link to the same. I have tried looking and found nothing.
Thanks
Is it possible for someone to post a link to the same. I have tried looking and found nothing.
Thanks
more...
seekinggc
06-19 02:29 PM
please reply..
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davidmaria
06-24 05:43 PM
Hi
my GC is applied for future employment by company A on july2007.I did concurrent filing of 140 and 485.My I-140 approved on Feb 2008 and waiting for 485 approval. My PD belongs to 2005 mar EB2.
I am still working with my old company B .
My question is Am i eligible to change company C
without working for company A( My GC sponsored company).Can I file AC21 without working for GC sponsored company? Please i need somebody advice.
Thanks,
David
my GC is applied for future employment by company A on july2007.I did concurrent filing of 140 and 485.My I-140 approved on Feb 2008 and waiting for 485 approval. My PD belongs to 2005 mar EB2.
I am still working with my old company B .
My question is Am i eligible to change company C
without working for company A( My GC sponsored company).Can I file AC21 without working for GC sponsored company? Please i need somebody advice.
Thanks,
David
more...
Ann Ruben
02-01 09:50 PM
Deepadandamudi,
Because you are not currently invalid non-immigrant status, you are not entitled to a change of status to H-1. But, once an H-1 petition is approved on your behalf, you can leave the US, obtain an H-1 visa stamp in your passport and then return to the US using that visa. Unless your employer is exempt from the H-1 cap, the earliest you could do this would be Oct. 2010.
As long as you remain legally married you are entitled to the EAD, and you can maintain both documents. However, if you work for another employer using your EAD you will violate your H-1 status.
Because you are not currently invalid non-immigrant status, you are not entitled to a change of status to H-1. But, once an H-1 petition is approved on your behalf, you can leave the US, obtain an H-1 visa stamp in your passport and then return to the US using that visa. Unless your employer is exempt from the H-1 cap, the earliest you could do this would be Oct. 2010.
As long as you remain legally married you are entitled to the EAD, and you can maintain both documents. However, if you work for another employer using your EAD you will violate your H-1 status.
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ckumar
09-12 03:24 PM
Hi,
My wife is on H4 and willing to apply for H1-B. Her educational qualifications
1.)High school education(12 yrs)
2.)BCA(Bachelor of Computer Applications)- 3 yrs
3.)2.5 yrs of IT experience
4.)She's also doing her M.Sc(Master of Science) in Information Technology. Currently in 2nd year and will be completing by end of 2006. (She may not have the degree certificate by April 2007).
Is she eligible to apply for H1-B for next year 2007
Thanks,
Kumar
My wife is on H4 and willing to apply for H1-B. Her educational qualifications
1.)High school education(12 yrs)
2.)BCA(Bachelor of Computer Applications)- 3 yrs
3.)2.5 yrs of IT experience
4.)She's also doing her M.Sc(Master of Science) in Information Technology. Currently in 2nd year and will be completing by end of 2006. (She may not have the degree certificate by April 2007).
Is she eligible to apply for H1-B for next year 2007
Thanks,
Kumar
more...
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guchi472000
11-21 09:02 PM
I am on H1b and working for a desi consulting company. My visa expired on Oct 30, 2010. My company applied for extension based upon my I 140 approved for 2years. I have valid EAD card. My wife is on H4, she doesn't have EAD.
Another company is offering me job and ready to transfer my H1b.
My Question:-
1) Can the new company can file my H1b Extension based upon my previous company I 140 and receipt notice (Because due to delays my H1b is not approved for previous employer)?
2) What if, The new company don't file AC 21?
3) What if the previous employer cancel my I 140.
Let me know what other problem can I face if I transfer my H1b to new employer.:confused:
Another company is offering me job and ready to transfer my H1b.
My Question:-
1) Can the new company can file my H1b Extension based upon my previous company I 140 and receipt notice (Because due to delays my H1b is not approved for previous employer)?
2) What if, The new company don't file AC 21?
3) What if the previous employer cancel my I 140.
Let me know what other problem can I face if I transfer my H1b to new employer.:confused:
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interfile
08-26 05:51 PM
Can somebody post the procedure and/or the sample/format of a letter to USCIS requesting to interfile?
Has anybody successfully gone through the procedure for interfiling I-485 from EB to FB?
Has anybody successfully gone through the procedure for interfiling I-485 from EB to FB?
more...
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casinoroyale
07-01 04:13 PM
Thanks Reddy.
CasinoRoyale,
My question exactly, There are so many so called consulting company which might do it for a cost, but is it legal.
Reddy, says yes. Anyone else?
Consulting company doing it for a cost? Sorry, I did not understand. Why do we need consulting company? What costs?
Any legitimate company should be able to port the PD from an approved I-140 as long as it is allowed.
CasinoRoyale,
My question exactly, There are so many so called consulting company which might do it for a cost, but is it legal.
Reddy, says yes. Anyone else?
Consulting company doing it for a cost? Sorry, I did not understand. Why do we need consulting company? What costs?
Any legitimate company should be able to port the PD from an approved I-140 as long as it is allowed.
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sprint2004
09-11 12:29 PM
Ok! Thought of starting this thread to track EAD/AP/FP notices and updates for early july filers. This way we can see if there is any kind of pattern going on. My details below:
I-140 cleared from TSC
485 filed july 2nd with NSC
Checks cleared on 9/4 and got RN# starting with SRC (TSC)
USCIS Case update shows "Last update" as 9/3 for EAD/AP.
Thanks,
I-140 cleared from TSC
485 filed july 2nd with NSC
Checks cleared on 9/4 and got RN# starting with SRC (TSC)
USCIS Case update shows "Last update" as 9/3 for EAD/AP.
Thanks,
more...
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rolrblade
08-20 10:16 AM
I remember reading if you travel outside the country while your AP is pending, it will be considered abandoned and you may not receive approval or any refund.
Check with your attorney
This is unfortunately a little incorrect advise. H1B is a dual intent visa, which means it can be held TOGETHER with your AOS or 485.
As long as you use your H1B to travel, you are fine.
Have a good trip
Check with your attorney
This is unfortunately a little incorrect advise. H1B is a dual intent visa, which means it can be held TOGETHER with your AOS or 485.
As long as you use your H1B to travel, you are fine.
Have a good trip
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a.j.2048
10-23 11:13 AM
This area is fast moving. Indian courts have been refusing jurisdiction in these cases, unless one of the parties is an Indian resident or if they spent significant time in India after marriage. Best to consult an Indian lawyer to find out the current standards applied in India.
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chanduv23
03-11 01:22 PM
Hi,
I am Us citizen and sent a request letter with my Mom to US Embassy in Armenia to kindly grant my Mom a tourist visa to visit me and my new born son. I also signed and sent dully filled and signed Affidavit of Support form with all the requested paper work. However, my Mom was denied the tourist visa on the grounds that I did not returned to Armenia in 2000 (8 years Ago) before my J1 Visa expiration.
But I got visa extension befor J1 visa expiration then applied for permanent resident and got my green card).
I did not violate any regulation.
What can I do ? Please Help.
I think a good Attorney can draft a letter to the consulate explaining the waiver.
Don't we all agree that these agencies actually need lawyers and not us?
I am Us citizen and sent a request letter with my Mom to US Embassy in Armenia to kindly grant my Mom a tourist visa to visit me and my new born son. I also signed and sent dully filled and signed Affidavit of Support form with all the requested paper work. However, my Mom was denied the tourist visa on the grounds that I did not returned to Armenia in 2000 (8 years Ago) before my J1 Visa expiration.
But I got visa extension befor J1 visa expiration then applied for permanent resident and got my green card).
I did not violate any regulation.
What can I do ? Please Help.
I think a good Attorney can draft a letter to the consulate explaining the waiver.
Don't we all agree that these agencies actually need lawyers and not us?
saro28
01-12 09:59 PM
I would suggest you to switch to EAD. There is no reason for you stick to H1-B anymore.
monkeyman
03-06 09:59 PM
Congratulations - you have 90 days after it expires to renew it. Since you got your GC within 60 days, there is nothing to worry about. You must however talk to your HR with a copy of ur GC and update the I-9. But that is just for records and should there be an audit, you should be all set.
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