gg_ny
06-30 04:39 PM
Thanks, Sanju. I was wondering where to ask for assurance; looks like you have found a place. I too need some help: last time my fingerprint check took almost 8 months (!) and I gave one set of them again today. Can somebody assure me that they will comeback before the dates become U again. I am soon writing to Murthy, Oh, Schusterman and Ombudsman too. Thanks for the empathy - whoever responds..
The desperation of your post suggests that you don't need direction, you need therapy. We just need someone to give us some assurance that we will all be fine and live to see the light of the day on Tuesday even if DoS sends out a revised Visa Bulletin. At this time, I too need similar assurance from someone. Can anybody help?
The desperation of your post suggests that you don't need direction, you need therapy. We just need someone to give us some assurance that we will all be fine and live to see the light of the day on Tuesday even if DoS sends out a revised Visa Bulletin. At this time, I too need similar assurance from someone. Can anybody help?
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pmamp
03-20 03:31 PM
I think there is something cooking. As always will have to wait .....
ashkam
03-24 11:26 AM
AFAIK you cannot use your SSN to receive google adsense revenues if you want to continue on H1B. It counts as business income and Google will send you a 1099 form and that is not allowed on an H1B. What people usually do is get someone in their home country to be the Google Adsense beneficiary. If you use your own ssn, on paper, it puts you out of H1B status.
Here (http://answers.google.com/answers/threadview?id=714462)is a link with explanations.
Here (http://answers.google.com/answers/threadview?id=714462)is a link with explanations.
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poorslumdog
10-12 12:40 PM
Thanks for the good words. My patience is wearing thin as this has been going on for since the start of the year and I have seen PERM applications filed later than mine getting approved. My concern has to do more with the employer keeping me in the dark about the outcome and at the time H1 expires just lets me GO citing rejection or audit!! You can call me paranoid as the filing hasnt materialized and me in the 7th year just adds to the distress.
Just get the receipt number from your employer and check the status yourself.
Just get the receipt number from your employer and check the status yourself.
more...
gc_chahiye
08-26 11:22 PM
gc_chahiye: Thanks for the technical advice. I'll check with my attorney tomorrow. You said 30 odd days. That is more or less 60 days, and it's more than enough.
for an appeal they will tell you in the denial notice how much time you have. For a motion-to-reconsider/reopen the deadline is typically 30 days. Again, confirm everything with attorney, and keep them on their toes (check status with them every couple of days).
I think you will receive the RFE on time (its only been 8 days since the USCIS note about the RFE, it does take upto 2 weeks for attorneys to receive it).
All the best!
for an appeal they will tell you in the denial notice how much time you have. For a motion-to-reconsider/reopen the deadline is typically 30 days. Again, confirm everything with attorney, and keep them on their toes (check status with them every couple of days).
I think you will receive the RFE on time (its only been 8 days since the USCIS note about the RFE, it does take upto 2 weeks for attorneys to receive it).
All the best!
veni001
06-18 01:54 PM
Once you are able/eligible to use AC21 you are safe!
Thanks Veni001. Yes, I did file for AC-21 when I changed my employer. Are there chances of my old I-140 cancelling even after fillinf for AC-21?
Thanks...
Thanks Veni001. Yes, I did file for AC-21 when I changed my employer. Are there chances of my old I-140 cancelling even after fillinf for AC-21?
Thanks...
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gc_nebraska
01-11 11:48 AM
Siddharta ! My wife is a Canadian PR since 2 yrs and we live in the US, Can i apply for Canadian PR through spouse living in the US? Do you recommend any website for applications, is there any process please help.
Thanks in Advance
Thanks in Advance
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makemygc
06-14 11:42 AM
I thought once your EAD gets approved then you H1 Visa is not longer valid.
You could keep EAD and H1 together active?? Any experts, could you please throw some light?
/\/\/\/\
You could keep EAD and H1 together active?? Any experts, could you please throw some light?
/\/\/\/\
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tdasara
11-20 12:57 AM
How long does it take for DATV (UK Transit Visa) to be approved? I'll be mailing my biometrics and application early next week and travel just before Christmas.
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caliducas
06-06 04:56 PM
I believe unless you filed I-485 under the revised fee structure last year, you need to pay for EAD and AP renewal every time you have to renew.
I'm renewing my wife's and my EAD through my attorney. We'll pay only this time for the new fee and then on will be free. Same is with AP. Pay once under the new fee, and then you can renew it for free. The only fee you'll pay is your attorney's, which you don't have to do. You can efile by yourself like many other people have done.
I'm renewing my wife's and my EAD through my attorney. We'll pay only this time for the new fee and then on will be free. Same is with AP. Pay once under the new fee, and then you can renew it for free. The only fee you'll pay is your attorney's, which you don't have to do. You can efile by yourself like many other people have done.
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Ann Ruben
01-26 10:05 PM
The officer who interviewed you was absolutely incorrect. If you have maintained valid H-1B status you are NOT required to obtain an Advance Parole in order to travel without abandoning your AOS application.The following text from the USCIS Adjudicator's Field Manual makes this clear:
__________________________________________________ ______________
USCIS Adjudicator’s Field Manual, Chapter 23.2
…….(2) Exceptions to the General Rule .
Certain applicants for adjustment of status before USCIS are not considered to have abandoned their applications simply by having departed from the U.S., even if they did not obtain an advance parole prior to their departure. The following aliens fall within the exceptions to the general rule:
(A) H and L Nonimmigrants with “Dual Intent.”
Under 8 CFR 214.2(h)(16)(i) and 8 CFR 214.2(l)(16) , H-1B, H-1C, L-1A, and L-1B nonimmigrants, and their dependent family members in H-4 or L-2 nonimmigrant classification, may be eligible to maintain and extend their nonimmigrant status while their applications for permanent residence under section 245 of the Act remain pending. The approval of a labor certification or preference visa petition or the filing of an adjustment of status application may not be the basis for a denial of an application for extension of stay by an H-1B, H-1C, or L-1 nonimmigrant or an application for change of status within the H-1B, H-1C, or L-1 classifications.
As long as an H-1B, H-1C, and L-1 nonimmigrant remains compliant with his or her nonimmigrant classification, including restrictions on periods of stay, changes in employers, and conditions of employment, the mere fact that he or she has filed an application for adjustment of status does not render him or her ineligible for an extension of nonimmigrant status. Similarly, the mere fact than an alien has filed an application for adjustment of status does not make him or her ineligible for nonimmigrant classification as an H-1B, H-1C, or L-1.
Under 8 CFR 245.2a(4)(ii)(C) , H-1/H-4 or L-1/L-2 nonimmigrant adjustment of status applicants who are not in exclusion, deportation, or removal proceedings are not required to seek advance parole to travel abroad. They may be readmitted to the United States in the same status they maintained at the time of their departure, provided that they are able to demonstrate to the immigration officer at a port of entry that they:
• remain eligible for H-1/H-4 or L-1/L-2 classification,
• are in possession of a valid H-1/H-4 or L-1/L-2 nonimmigrant visa (if a visa is required), and
• are coming to resume employment with the same employer for whom they had been authorized to work as an H-1 or L-1 nonimmigrant (or, in the case of dependents, the spouse or parent through whom they received their H-4 or L-2 status is maintaining his or her H-1 or L-1 status).
If there has been a recent change of employer or extension of stay, the applicant, in order to comply with the third requirement noted above, must have evidence of an approved I-129 petition in the form of a notation on the nonimmigrant visa indicating the petition number and the employer’s name, or a notice of action, Form I-797, indicating approval.
__________________________________________________ _______________________________________________As you can see, there is no requirement that the AOS application be employment based. The regulation, 8 CFR 245.2a(4)(ii)(C) clearly applies to all H-1/H-4 and L-1/L-2 nonimmigrants, and not just those adjusting status based on employment.
Ann
__________________________________________________ ______________
USCIS Adjudicator’s Field Manual, Chapter 23.2
…….(2) Exceptions to the General Rule .
Certain applicants for adjustment of status before USCIS are not considered to have abandoned their applications simply by having departed from the U.S., even if they did not obtain an advance parole prior to their departure. The following aliens fall within the exceptions to the general rule:
(A) H and L Nonimmigrants with “Dual Intent.”
Under 8 CFR 214.2(h)(16)(i) and 8 CFR 214.2(l)(16) , H-1B, H-1C, L-1A, and L-1B nonimmigrants, and their dependent family members in H-4 or L-2 nonimmigrant classification, may be eligible to maintain and extend their nonimmigrant status while their applications for permanent residence under section 245 of the Act remain pending. The approval of a labor certification or preference visa petition or the filing of an adjustment of status application may not be the basis for a denial of an application for extension of stay by an H-1B, H-1C, or L-1 nonimmigrant or an application for change of status within the H-1B, H-1C, or L-1 classifications.
As long as an H-1B, H-1C, and L-1 nonimmigrant remains compliant with his or her nonimmigrant classification, including restrictions on periods of stay, changes in employers, and conditions of employment, the mere fact that he or she has filed an application for adjustment of status does not render him or her ineligible for an extension of nonimmigrant status. Similarly, the mere fact than an alien has filed an application for adjustment of status does not make him or her ineligible for nonimmigrant classification as an H-1B, H-1C, or L-1.
Under 8 CFR 245.2a(4)(ii)(C) , H-1/H-4 or L-1/L-2 nonimmigrant adjustment of status applicants who are not in exclusion, deportation, or removal proceedings are not required to seek advance parole to travel abroad. They may be readmitted to the United States in the same status they maintained at the time of their departure, provided that they are able to demonstrate to the immigration officer at a port of entry that they:
• remain eligible for H-1/H-4 or L-1/L-2 classification,
• are in possession of a valid H-1/H-4 or L-1/L-2 nonimmigrant visa (if a visa is required), and
• are coming to resume employment with the same employer for whom they had been authorized to work as an H-1 or L-1 nonimmigrant (or, in the case of dependents, the spouse or parent through whom they received their H-4 or L-2 status is maintaining his or her H-1 or L-1 status).
If there has been a recent change of employer or extension of stay, the applicant, in order to comply with the third requirement noted above, must have evidence of an approved I-129 petition in the form of a notation on the nonimmigrant visa indicating the petition number and the employer’s name, or a notice of action, Form I-797, indicating approval.
__________________________________________________ _______________________________________________As you can see, there is no requirement that the AOS application be employment based. The regulation, 8 CFR 245.2a(4)(ii)(C) clearly applies to all H-1/H-4 and L-1/L-2 nonimmigrants, and not just those adjusting status based on employment.
Ann
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Sachin_Stock
02-03 10:37 AM
I don't know! but if you think sth is not right in that article we can discuss.
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What makes you think I am suspecting the content in that article? ;)
Defensive post :)
What makes you think I am suspecting the content in that article? ;)
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vikramy
09-22 01:30 PM
This is what given by my Attorney apart from your labor approval. Better double check..
FOR FORM I-140
Copies of each of the following are acceptable as long as you can provide the originals if the INS so requests.
1. Letters of previous experience detailing dates of employment, title, and duties. Each letter must be on that employer�s letterhead, dated, and signed. Each letter must be in line with the experience shown on Form ETA 750-B of the Labor Certification Application. This may not apply if the Form I-140 is being filed directly from an L-1A visa.
2. All degree certificates, and relevant marksheets.
3. All Forms W-2 from the sponsoring employer.
4. Latest 3 paychecks from the sponsoring employer.
5. All H-1 and H-4 approval notices.
6. Visa and identification pages from the principal alien�s passport, and each member of the family who will be migrating.
7. Latest Form I-94 copies (clear and must show the date and place) of last entry for each migrating member of the family.
8. Filing Fees. These vary and the exact amount will be told to you at the time of submission.
FOR FORM I-140
Copies of each of the following are acceptable as long as you can provide the originals if the INS so requests.
1. Letters of previous experience detailing dates of employment, title, and duties. Each letter must be on that employer�s letterhead, dated, and signed. Each letter must be in line with the experience shown on Form ETA 750-B of the Labor Certification Application. This may not apply if the Form I-140 is being filed directly from an L-1A visa.
2. All degree certificates, and relevant marksheets.
3. All Forms W-2 from the sponsoring employer.
4. Latest 3 paychecks from the sponsoring employer.
5. All H-1 and H-4 approval notices.
6. Visa and identification pages from the principal alien�s passport, and each member of the family who will be migrating.
7. Latest Form I-94 copies (clear and must show the date and place) of last entry for each migrating member of the family.
8. Filing Fees. These vary and the exact amount will be told to you at the time of submission.
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10-08 04:50 PM
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nixstor
09-07 04:00 PM
1a) Both translated and original are needed and might be sufficient. As of my knowledge, they are issuing them in local language and English currently in my native place.
1b) DOB Cert by itself from the Consul's office will not be sufficient.
1c) Every 485 applicant needs DOB certificate. So your wife does.
3a) It depends on a variety of things like if you had chicken pox before or not. If you had been to school in US and have any immunization record / some sort of health record you submitted to them when you came in, the doctor might accept it. AFAIK, It is a 1 hr process how ever appointments might be 2 weeks away :)
3b) Tests are valid for one year.
http://www.uscis.gov/graphics/formsfee/forms/i-693.htm
1b) DOB Cert by itself from the Consul's office will not be sufficient.
1c) Every 485 applicant needs DOB certificate. So your wife does.
3a) It depends on a variety of things like if you had chicken pox before or not. If you had been to school in US and have any immunization record / some sort of health record you submitted to them when you came in, the doctor might accept it. AFAIK, It is a 1 hr process how ever appointments might be 2 weeks away :)
3b) Tests are valid for one year.
http://www.uscis.gov/graphics/formsfee/forms/i-693.htm
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shrayus
07-13 08:09 PM
:)
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abhay
05-04 01:01 PM
Yes it is possible to apply for H1b, it will be a new H1B. You will have to go outof the country and enter using H1 to readjust your VISA status
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Macaca
02-27 12:01 PM
Please post such articles in the News Articles thread along with email of authors. Thanks.
U.S. Immigration Reform Bill Could Pass by July (http://www2.csoonline.com/blog_view.html?CID=29025)
U.S. Immigration Reform Bill Could Pass by July (http://www2.csoonline.com/blog_view.html?CID=29025)
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lostinbeta
11-17 04:24 PM
I am going to wait til maybe monday or tuesday, I just wanted to bump this thread up in the new posts list.
mammoy2k
09-21 07:11 PM
Look at the reason why I-140 can be denied:
a) Ability to pay
b) Your education
c) Your past experience, if shown
Now out of this, only ability to pay is, where you would need comaniy's help. Rest two, you have all the documents. If the company is a big one, then I dont think they would refuse you documents. I would be surprized that they issue RFE for ability to pay for a public company.
I do not know anyone who switched before I-140 approval but given Yates memo I dont think its difficult.
In my case, I work for a big public company. My education is from the US. My attorney ensured that we only claim the experience for which I have experience letter. The game I think is to minimize the risk.
You both are right!
Employer can revoke an unapproved 140 any time, but the revocation does not affect your 485 approval. The IO will approve your 485 in due course if 140 was approvable at the time of application (ie, if it has'nt been revoked).
However the trouble with invoking AC21 without 140 being approved is when there is an RFC. This 140 was not approvable at the time of application, because of additional documentation requirement... The original employer should be willing to answer it or else 140 will be denied and so will the 485.
a) Ability to pay
b) Your education
c) Your past experience, if shown
Now out of this, only ability to pay is, where you would need comaniy's help. Rest two, you have all the documents. If the company is a big one, then I dont think they would refuse you documents. I would be surprized that they issue RFE for ability to pay for a public company.
I do not know anyone who switched before I-140 approval but given Yates memo I dont think its difficult.
In my case, I work for a big public company. My education is from the US. My attorney ensured that we only claim the experience for which I have experience letter. The game I think is to minimize the risk.
You both are right!
Employer can revoke an unapproved 140 any time, but the revocation does not affect your 485 approval. The IO will approve your 485 in due course if 140 was approvable at the time of application (ie, if it has'nt been revoked).
However the trouble with invoking AC21 without 140 being approved is when there is an RFC. This 140 was not approvable at the time of application, because of additional documentation requirement... The original employer should be willing to answer it or else 140 will be denied and so will the 485.
coopheal
01-01 01:46 PM
dude couple reasons listed above, other reasons from the various posts on this topic.
1) UCIS not applying law AC21 in 2006. This law allowed more than 7% visa to over subscribed countries.
2) Too many labors comming from back log center. Thus UCIS guess latter in the year their will be more demand of EB2s.
3) Lot of people have switched to EB2 from EB3
4) The formal retrogression phenomenon started around 2003.
Things which can fix this situation are:
1) Law by US govt to add more visas this year.
2) US govt force UCIS to apply AC21 and let Indians and Chinnesse use additional visas rightaway.
1) UCIS not applying law AC21 in 2006. This law allowed more than 7% visa to over subscribed countries.
2) Too many labors comming from back log center. Thus UCIS guess latter in the year their will be more demand of EB2s.
3) Lot of people have switched to EB2 from EB3
4) The formal retrogression phenomenon started around 2003.
Things which can fix this situation are:
1) Law by US govt to add more visas this year.
2) US govt force UCIS to apply AC21 and let Indians and Chinnesse use additional visas rightaway.
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