vinzak
01-19 11:49 AM
You may want to post this in the "Ask a Lawyer for Free" section of this forum.
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prathap
04-08 09:03 PM
My current H1 B expires on July 31 2011. With this I will be exhausting my renewals quota as my sponsoring company Wipro has not initiated GC process. Also when my last renewal was done, a mistake was done by Wipro Visa office. My first entry to US was in Aug 2004. After that I had gone out of US in Aug 2005 for 1 month vacation and returned in Sept 2005. Each time when we file for extensions, we give all the entry and exit dates. The Wipro visa office had incorrectly entered my first entry into US as Sept 2005 even though it should have been Aug 2004. Based on this they renewed my petition till July 31 2011. If we calculate now, it turns out to be the seventh year on H1. When I tried to change my employer this year, they looked at these details and informed that if I start GC process now, they will definitely calculate my dates and find out that I am in the 7th year of H1 without GC initiation. So they told it will cause issues and it would be better for me to leave the country after July 31 2011, wait for 1 year, sponsor a new H1 and then come back.
Is there any alternative I have here? Thanks for offering help.
Is there any alternative I have here? Thanks for offering help.
csriram45
06-16 05:51 PM
Hello,
I am currently working for a leading retail company in the US. I filed for my 485 in July 2007 and is pending. The retail company acquired my smaller company and as result had to file for 140 again in 2008. In March 2009 my I-140 was approved and I recd. an email that it was approved and the notice was sent.
Since the I-140 is mailed to the employer, I asked them for a copy of the same. Initially they refused saying it is an employer petetion and after I requested again they said they will provide a copy when the receive it.
It is June now and they claim they have still not recd. it. They are saying they will have to request another one and due to budget constraints they are not going to request one as it costs money. Is this true that you have to spend money again to request a copy if you never recd. it? How much does this cost? Without the copy i do not know what priority date is mentioned.
Suppose in future i want to switch jobs, I would like to know if I need to have a copy of 140 if I want to use AC21?
What are my choices as at this point company says that they have the petetion # and they can use that for any purpose and will not request a copy. This seems a little odd to me.
any help is appreciated.
I am currently working for a leading retail company in the US. I filed for my 485 in July 2007 and is pending. The retail company acquired my smaller company and as result had to file for 140 again in 2008. In March 2009 my I-140 was approved and I recd. an email that it was approved and the notice was sent.
Since the I-140 is mailed to the employer, I asked them for a copy of the same. Initially they refused saying it is an employer petetion and after I requested again they said they will provide a copy when the receive it.
It is June now and they claim they have still not recd. it. They are saying they will have to request another one and due to budget constraints they are not going to request one as it costs money. Is this true that you have to spend money again to request a copy if you never recd. it? How much does this cost? Without the copy i do not know what priority date is mentioned.
Suppose in future i want to switch jobs, I would like to know if I need to have a copy of 140 if I want to use AC21?
What are my choices as at this point company says that they have the petetion # and they can use that for any purpose and will not request a copy. This seems a little odd to me.
any help is appreciated.
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delhiguy79
07-31 06:48 PM
Hey guys,
I work in a MNC, my I-140 was filed on July 16th 2007 and is still pending and they r filing my I-485 and my wife's I-485 (as dependant).
But now I came to know about my wife's labor application has been approved and they want to file my wife's I-140 and I-485 concurrently, so can I file another I-485 through my wife's employer for my wife as primary and me being dependant to my wife.
I know this question must be asked a lot of times but does anybody has done it or not done it, please share your experiences.
Thanks in advance.
I work in a MNC, my I-140 was filed on July 16th 2007 and is still pending and they r filing my I-485 and my wife's I-485 (as dependant).
But now I came to know about my wife's labor application has been approved and they want to file my wife's I-140 and I-485 concurrently, so can I file another I-485 through my wife's employer for my wife as primary and me being dependant to my wife.
I know this question must be asked a lot of times but does anybody has done it or not done it, please share your experiences.
Thanks in advance.
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WeShallOvercome
11-20 01:55 PM
what does it mean? If you apply your 485 on July 2nd, within 6 months time (by Jan 2nd) you will get 485 approved?
This question has been asked 100000000 times..
your I-485 will be adjudicated in 6 months IF and ONLY IF your PD is current and your security checks are cleared. Without these 2 conditions, the processing times are pretty much useless for us.
This question has been asked 100000000 times..
your I-485 will be adjudicated in 6 months IF and ONLY IF your PD is current and your security checks are cleared. Without these 2 conditions, the processing times are pretty much useless for us.
akilhere
08-27 08:12 PM
I'm currently working on an H1B (12th year) for my original sponsorer. I also have an EAD which i have not used yet. My spouse is working on an EAD.
I'm planning to start a new business with a couple of friends of mine (who are GCs and citizens). How do i go about it?
Do i have to make my wife a co-owner and work in this venture as a 1099 or can i be a co-owner in this company and use my EAD for it? Please note that i do not want to quit my full-time current job with my employer(sponsorer).
Any help on this would be appreciated.
Thanks in advance
I'm planning to start a new business with a couple of friends of mine (who are GCs and citizens). How do i go about it?
Do i have to make my wife a co-owner and work in this venture as a 1099 or can i be a co-owner in this company and use my EAD for it? Please note that i do not want to quit my full-time current job with my employer(sponsorer).
Any help on this would be appreciated.
Thanks in advance
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jjaspirant
03-19 04:23 PM
Will they send an RFE immediately even after the I-485 has been pending for more that 180 days?
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dealsnet
08-25 03:59 PM
Stamping of H1B in US is stopped long back.
But one stamping of Indian passport is still doing in USCIS office. I-551 Passport Stamp after first CRIS email (I-485 approved), if any one want to travel in an emergency, and need not wait for physical GC.
Stamping within US is history - However, if COS is approved, your spouse can continue his studies without stamping, but if you exit the country then you need to stamp your F1 and return.
But one stamping of Indian passport is still doing in USCIS office. I-551 Passport Stamp after first CRIS email (I-485 approved), if any one want to travel in an emergency, and need not wait for physical GC.
Stamping within US is history - However, if COS is approved, your spouse can continue his studies without stamping, but if you exit the country then you need to stamp your F1 and return.
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morchu
05-18 11:58 AM
True up to some extent. When filing AOS, you still "intent" to join for the exact same employment (including location), as specified in your LC. You are NOT required to take that exact employment "at the time" of filing AOS. What is required "at the time of filing AOS" is to have a legitimate intention to take that exact employment upon GC. By joining for that exact employment from anytime now, will actually help in proving the "legitimacy" of your intention (but not "required").
My LC and I-140 was approved with my ex-employer in CA.Now I have a oppurtunity to join my ex-employer in the east coast. Will I be able to file AOS if I join in a similar role and when my PD becomes current ? The immigration lawyer of my ex-employer told me that I have to join in the same location as my LC was approved to take advantage of AOS as it is location specific. Is it true?
Thanks
Member of north calif
dontation : $500
My LC and I-140 was approved with my ex-employer in CA.Now I have a oppurtunity to join my ex-employer in the east coast. Will I be able to file AOS if I join in a similar role and when my PD becomes current ? The immigration lawyer of my ex-employer told me that I have to join in the same location as my LC was approved to take advantage of AOS as it is location specific. Is it true?
Thanks
Member of north calif
dontation : $500
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immilaw
09-28 02:47 PM
I'm a mechanical engineering and also have an MBA degree.
I work as a support engineer.
My lawyers tell me that I cannot apply in EB2, since my Post grad degree is unrelated to my grad degree and so does not apply to my job.
Is this true?
Can I not file in EB2?
If you can justify that the minimum requirements for a SUPPORT engineer is a MBA then you can go for EB-2. Else it will be EB-3.
I work as a support engineer.
My lawyers tell me that I cannot apply in EB2, since my Post grad degree is unrelated to my grad degree and so does not apply to my job.
Is this true?
Can I not file in EB2?
If you can justify that the minimum requirements for a SUPPORT engineer is a MBA then you can go for EB-2. Else it will be EB-3.
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arihant
03-14 12:54 PM
Did IV and/or QGA or anyone else attend this event? if so, do you have an update for the rest of us? Thanks a lot.
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arif
03-07 08:44 AM
Thank you very guyz. It really helps.
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robyr77
04-22 07:16 PM
Last October I hired a lawyer for an AOS ( I-485 ) and the I-130 and I-131 forms.
Obviously I did it because I did not have any knowledge about immigration matters.
In Novembre 2007 he did contact me telling me I needed the I-765 form to legally work in the country, so I did fill the form sending it in his office by mail.
He told me he sent the form in the first week of December 2007.
Ok now this is the situation :
I never get by mail the notice of action about the form I-765 and what concern me the most is that I still did not get the permit to work.
I periodically check the processing time cases from the USCIS' website, and I have seen that USCIS (NEW YORK area ) already processed the I-765 forms for the complete month of December, does anyone know if Uscis is having problem processing EADs....I am really worried that something did not go through... probably it's just normal to have so many questions but recently I think about that all the time.
Oh guys one more thing...I paid this lawyer thousand and thousand of dollars.
I realized reading the USCIS website that if you fill the form I-485 you are not required to pay the $ 340 fee for the I-765 form . Last November he asked me to send him a check for the EAD fee. When I told him that last time i spoke with him by phone he said he did know that , then he told me that he just had moved from his old office to a new one so my case was in storage, in storage ?? My case is still pending and he put it in storage, i am so disappointed ...unbelievable this lack of professionality.
I should have do it by myself at least now I would have money to buy a nice used car.
Thank you all for reading
Obviously I did it because I did not have any knowledge about immigration matters.
In Novembre 2007 he did contact me telling me I needed the I-765 form to legally work in the country, so I did fill the form sending it in his office by mail.
He told me he sent the form in the first week of December 2007.
Ok now this is the situation :
I never get by mail the notice of action about the form I-765 and what concern me the most is that I still did not get the permit to work.
I periodically check the processing time cases from the USCIS' website, and I have seen that USCIS (NEW YORK area ) already processed the I-765 forms for the complete month of December, does anyone know if Uscis is having problem processing EADs....I am really worried that something did not go through... probably it's just normal to have so many questions but recently I think about that all the time.
Oh guys one more thing...I paid this lawyer thousand and thousand of dollars.
I realized reading the USCIS website that if you fill the form I-485 you are not required to pay the $ 340 fee for the I-765 form . Last November he asked me to send him a check for the EAD fee. When I told him that last time i spoke with him by phone he said he did know that , then he told me that he just had moved from his old office to a new one so my case was in storage, in storage ?? My case is still pending and he put it in storage, i am so disappointed ...unbelievable this lack of professionality.
I should have do it by myself at least now I would have money to buy a nice used car.
Thank you all for reading
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lghtslpr
03-13 05:00 PM
In the March issue of BioScience (a widely read scientific journal) Gillean Andres reports on the growing momentum for new federal incentives to attract new students into careers in science, technology, engineering, and mathematics. The article is available here: Washington Watch: The Cost of Doing Business: Should the United States Create Incentives for science, technology, engineering, and mathematics (STEM) Labor? (http://www.aibs.org/washington-watch/washington_watch_2006_03.html).
Legislators in both parties have been attentive to these proposals. High-profile Republicans, including Representative Frank Wolf (VA) and former Speaker of the House Newt Gingrich, were among the first advocates for a renewed investment in innovation to protect the STEM workforce. Now they have been joined by leading House Democrats and a bipartisan group of senators.
So, the general political climate seems favorable to what Immigration Voice is trying to achieve. The question is whether IV can cash in on the opportunity.
Legislators in both parties have been attentive to these proposals. High-profile Republicans, including Representative Frank Wolf (VA) and former Speaker of the House Newt Gingrich, were among the first advocates for a renewed investment in innovation to protect the STEM workforce. Now they have been joined by leading House Democrats and a bipartisan group of senators.
So, the general political climate seems favorable to what Immigration Voice is trying to achieve. The question is whether IV can cash in on the opportunity.
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DJ_Prakash
01-26 03:54 PM
My wife is on H4 and she is studying Masters and we already have EAD. She would like to do Internship and she still has 6 months to graduation and my question is
1) Is there any time restrictions for people to do internship (with GC based EAD)
2) After graduation, can she still continue with her internship (using EAD ofcourse) ?
3) If Yes for question 2, then for how long after graduation she can be an intern
Apreciate if someone can give feedback on this.
Thanks in advance,
Prakash
1) Is there any time restrictions for people to do internship (with GC based EAD)
2) After graduation, can she still continue with her internship (using EAD ofcourse) ?
3) If Yes for question 2, then for how long after graduation she can be an intern
Apreciate if someone can give feedback on this.
Thanks in advance,
Prakash
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5fingers2infinity
03-12 07:12 AM
You are so fortunate. My priority date is May 2006, but my I-140 was only approved & received by NVC last January. We have similar question. I hope the statement from the FAQ of NVC (check http://travel.state.gov/visa/immigrants/types/types_1309.html) will help us.
---------------------------
Why don't you have my case at NVC yet?
When you complete a petition (I-130, I-140, etc.) for an immigrant visa you send it to Citizenship and Immigration Services in the Department of Homeland Security for approval. If the [B]CIS approves the petition they will send you a Notice of Approval (I-797) and then they will send the petition to NVC. There is a delay between when you get the Notice of Receipt and the Notice of Approval from CIS and also between when you get the Notice of Approval and when NVC receives the petition. After NVC receives the petition, we will create a case record and assign a case number. We recommend that you wait at least three weeks after you get your Notice of Approval before calling NVC if you have not heard from the Center by that time.
----------------------------
Am I then safe to assume that the first approved petition to reach the NVC will be processed first? So between us, you go first!
---------------------------
Why don't you have my case at NVC yet?
When you complete a petition (I-130, I-140, etc.) for an immigrant visa you send it to Citizenship and Immigration Services in the Department of Homeland Security for approval. If the [B]CIS approves the petition they will send you a Notice of Approval (I-797) and then they will send the petition to NVC. There is a delay between when you get the Notice of Receipt and the Notice of Approval from CIS and also between when you get the Notice of Approval and when NVC receives the petition. After NVC receives the petition, we will create a case record and assign a case number. We recommend that you wait at least three weeks after you get your Notice of Approval before calling NVC if you have not heard from the Center by that time.
----------------------------
Am I then safe to assume that the first approved petition to reach the NVC will be processed first? So between us, you go first!
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mk26
04-25 10:26 PM
Any one please reply if you know the answer..
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vbkris77
02-11 03:56 PM
Can we go after State dept to have them make an administrative fix to publish 2 sets of Visa dates, one for Visa posts and one for USCIS. CIS Dates to reflect their processing length and allow for an early AOS application..
Just thought.. Suggestions are welcome.
Just thought.. Suggestions are welcome.
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redindian
11-02 07:41 PM
yes - I think the only difference is that you cannot use the approved AP to come in.
If you use H1B to enter u shd be ok... dont try to come in with the AP
If you use H1B to enter u shd be ok... dont try to come in with the AP
imm_pro
03-29 04:44 PM
Search for the memo 245i
If you have worked illegally for < 6months you may be covered by this..if its > 6 months.. go out of the country and come back in with a new i94..
Contact a good lawyer while filing 485
If you have worked illegally for < 6months you may be covered by this..if its > 6 months.. go out of the country and come back in with a new i94..
Contact a good lawyer while filing 485
gc_chahiye
10-12 05:37 PM
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=82b06a9fec745110VgnVCM1000004718190aRCR D&vgnextchannel=2411c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
no stats/data but questions about expiring checks etc have been covered
no stats/data but questions about expiring checks etc have been covered
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