saji007
05-02 02:50 PM
1. New employer while filing for H1 Transfer will get 3 year
2. You can start PERM when ever you like. Better to start early, just in case if Priority date becomes current, you can apply for 485
2. You can start PERM when ever you like. Better to start early, just in case if Priority date becomes current, you can apply for 485
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xu1
04-08 06:02 PM
Then what do you do if you dont have a candian permit ??
A friend of mine then purchased a ticket and flew from toronto to her home country, where she took a rather long vacation and got her H4 visa.. That was shortly after 9/11.
A friend of mine then purchased a ticket and flew from toronto to her home country, where she took a rather long vacation and got her H4 visa.. That was shortly after 9/11.
sgupta33
09-20 09:21 AM
The rally and some of IV's requests was mentioned on NPR this morning by their econmic correspondent. The piece did a good job of differentiating between legal high skilled and illegal immigrants and also in highlighting some of our concerns and requests for legal remedy.
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pragir
07-16 04:35 PM
Has anyone and their spouse both filed for 485s while listing each other as beneficiary as well?
Is this possible?
Is this possible?
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bsbawa10
09-01 03:58 PM
Congrats to you....I am still waiting.
LostInGCProcess
03-03 01:22 AM
My answers in Blue....
Thanks SL & Lost in GC process,
Sorry for not being clear in C & D. I am in US. The question I meant to ask is about the the time that I am not physically present in US i.e. If I went for vacction in India for a month, can that one month be included in my H1B1 extension since I was not physically present in US. In other words I would file for 1.1 year extension as opposed to 1 year
Yes, you can recapture the time spent outside the US on your H1b...if thats what you are trying to ask...usually that is done when you are approaching the 6th year on theH1b
One the same topic, a friend of mine got a three year extension post 6 years of H1B. When asked, his lawyer informed, if you have an approved I140 then you are elegible for 3 years extension as opposed to 1 year. Is this true. Can some refer to the right CFR's
Desi3933 has answered
Thanks
Senthil
Thanks SL & Lost in GC process,
Sorry for not being clear in C & D. I am in US. The question I meant to ask is about the the time that I am not physically present in US i.e. If I went for vacction in India for a month, can that one month be included in my H1B1 extension since I was not physically present in US. In other words I would file for 1.1 year extension as opposed to 1 year
Yes, you can recapture the time spent outside the US on your H1b...if thats what you are trying to ask...usually that is done when you are approaching the 6th year on theH1b
One the same topic, a friend of mine got a three year extension post 6 years of H1B. When asked, his lawyer informed, if you have an approved I140 then you are elegible for 3 years extension as opposed to 1 year. Is this true. Can some refer to the right CFR's
Desi3933 has answered
Thanks
Senthil
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rexjamla
09-10 08:08 AM
Hi Friends,
I filed a complaint with senator Gregg's office(NH) after July Visa bulletin reversal. Senator's office send a query to DOS on my behalf. In mid-August I got a letter from senator's office in which he apologized for incapable to do anything regarding July-Visa_bulletin reversal.
However, I found a letter attached from DOS which states that "Due to significant number of visas returned from USCIS to DOS, DOS reinstate original July-Visa-Bulletin # 107".
I just wanted to sahre this information with you because what USCIS said about this matter is exactly opposite.
Check this link- http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
Thanks!
Rex
I filed a complaint with senator Gregg's office(NH) after July Visa bulletin reversal. Senator's office send a query to DOS on my behalf. In mid-August I got a letter from senator's office in which he apologized for incapable to do anything regarding July-Visa_bulletin reversal.
However, I found a letter attached from DOS which states that "Due to significant number of visas returned from USCIS to DOS, DOS reinstate original July-Visa-Bulletin # 107".
I just wanted to sahre this information with you because what USCIS said about this matter is exactly opposite.
Check this link- http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
Thanks!
Rex
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Ramba
10-24 11:49 AM
Ok Guru's I am in an awkward situation. My GC got approved some time in Aug 2008. But before the approval of my GC my wife in india applied for H4 visa based on my H1b. The consulate approved her H4 and stamped it on her passport last month. Even though I am on GC now. i have files I-824 for her Follow to Join.
Now the question I have is.
1- Can she travel to US on that H4 (the visa stamp is valid till 2010)?
2- If the CBP agents at the aiport let her in the country can I file for her I-485 and have her wait here on AOS?
Let me know what you guys think. On mountain crossed and still more hills keep coming.
Talk to lawyer. My feeling is that if she had H4 status before leaving US and just got a renewal, she can come on H4 visa though your GC is approved when renewal is pending. However she should have applied the renewal before your GC is approved. Also, filing 485 may not cause any issue.
Now the question I have is.
1- Can she travel to US on that H4 (the visa stamp is valid till 2010)?
2- If the CBP agents at the aiport let her in the country can I file for her I-485 and have her wait here on AOS?
Let me know what you guys think. On mountain crossed and still more hills keep coming.
Talk to lawyer. My feeling is that if she had H4 status before leaving US and just got a renewal, she can come on H4 visa though your GC is approved when renewal is pending. However she should have applied the renewal before your GC is approved. Also, filing 485 may not cause any issue.
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gmail
07-22 01:31 AM
Take advice of another lawyer. I have a friend who did something similar and he is simply sitting tight (on advice of his lawyer). So I would not simply start the whole process from scratch before consulting a couple of other lawyers.
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
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snarla
06-21 01:40 PM
My friends recently went to the consulte in Nogales to get their H1B stamped and they told me that we can enter Nogales with out any visa ... You might want to explore that or find any other places that are closer to where u live and do not need a visa to get a new I94 ...
I am in the same boat as u and i donot even have my new passport with me yet ...
GoodLuck ... Hope things work out for you ... do post your experiences when u are done with all this ...
I am in the same boat as u and i donot even have my new passport with me yet ...
GoodLuck ... Hope things work out for you ... do post your experiences when u are done with all this ...
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xu1
08-02 11:35 PM
I believe MS + 2 is good enough if your company supports it and your lawyer is not too conservative in filing (both are important)... I heard the perm is more inclined to reject EB2 than EB3 though. the lawyer needs to therefore prepare a good case.
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factoryman
02-09 07:21 PM
Congressmen from hi-tech SF and CA.
Rep. Lofgren (D - CA) : 16th District - San Jose
Rep. Eshoo (D- CA) : 14th District - San Francisco, San Jose, Santa Cruz
Rep. Pelosi (D - CA) : 8th District - San Francisco and north
That is why they may be using this tactic to bring pressure from hospitals from that area. Anyone from here spoke or wrote to these congressmen, that I posted in the other thread (http://immigrationvoice.org/forum/showpost.php?p=47625&postcount=1) at IV.
Rep. Lofgren (D - CA) : 16th District - San Jose
Rep. Eshoo (D- CA) : 14th District - San Francisco, San Jose, Santa Cruz
Rep. Pelosi (D - CA) : 8th District - San Francisco and north
That is why they may be using this tactic to bring pressure from hospitals from that area. Anyone from here spoke or wrote to these congressmen, that I posted in the other thread (http://immigrationvoice.org/forum/showpost.php?p=47625&postcount=1) at IV.
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fairyangel
02-03 01:39 PM
Hi
I hold a H1b Visa but did not work after coming to US.
Can anybody guide me regarding my current status.
My H1 was approved in 2007 quota and i entered US in march 2008..but was not successful in getting a job and my employer is not running any payroll..
can anybody help me with this??
thankyou
I hold a H1b Visa but did not work after coming to US.
Can anybody guide me regarding my current status.
My H1 was approved in 2007 quota and i entered US in march 2008..but was not successful in getting a job and my employer is not running any payroll..
can anybody help me with this??
thankyou
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hmo
07-18 09:40 AM
my situation is similar to JunRN's. My RN position is with Union Contact. I got Prevailing Wage Survey in early July. By law I can only file I140 at least 30 days after sending the Union a copy of the petition, i.e., in earyly August. I also have similar concern that my PD will be in August.:mad:
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bkn96
12-02 09:01 PM
very encouraging news.. hope USCIS learned leasson..
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krishna_brc
05-21 02:32 PM
Immigrating to Canada: Skilled workers and professionals (http://www.cic.gc.ca/english/immigrate/skilled/index.asp)
Thank You
Thank You
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vishwak
12-09 01:39 PM
BUMP.....
EB2-I wait for April Bulletin.
Good to see EB3 movement.
EB2-I wait for April Bulletin.
Good to see EB3 movement.
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ashneels2001
10-16 08:18 PM
Rajiv,
Did you LC mention the requirements for your job. Unless it emphasized that a Masters was needed for your job profile on an LC, I140 will be denied. File an MTR right away along with a new I140 uner EB3. Beleive in god and ur priority dates will remain the same as they were. Make sure that the new I140 under EB3 matches your LC.
Good Luck
Ashish!
Did you LC mention the requirements for your job. Unless it emphasized that a Masters was needed for your job profile on an LC, I140 will be denied. File an MTR right away along with a new I140 uner EB3. Beleive in god and ur priority dates will remain the same as they were. Make sure that the new I140 under EB3 matches your LC.
Good Luck
Ashish!
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Hopeful123
05-19 06:45 PM
Has anybody in this group(i.e. whose I-140 was transferred to TSC from NSC recently) seen any movements in their case? I am in the same boat, I-140 filed May'07 at NSC and moved to TSC in Apr'08. I saw one more related thread but haven't seen any approvals recently.
http://immigrationvoice.org/forum/showthread.php?t=18566
Please do update if you have any recent updates. Thank you
http://immigrationvoice.org/forum/showthread.php?t=18566
Please do update if you have any recent updates. Thank you
minimalist
08-18 04:09 PM
Thanks for the reponse imm_pro and kopra.
Hi Kopra,
My wife will be returing beack from india in mid october :(...
If she uses her H4 Visa stamp to enter , will have to file H4 to H1 Chane of status to be able to work on H1.
Hi Kopra,
My wife will be returing beack from india in mid october :(...
If she uses her H4 Visa stamp to enter , will have to file H4 to H1 Chane of status to be able to work on H1.
perm2gc
12-18 10:12 PM
yes...one area where we wholeheartedly support them :)
will they join hands with us ..:rolleyes:
will they join hands with us ..:rolleyes: