tabletpc
05-27 05:13 PM
1.Is it mandatory to have a pending 485 application in order to get H1b
extended beyond 6 years using I-140 approval?
2.Do I need to be with the employer who filed PERM in order to get the H1b
extended beyond 6 years using I-140 or can a new employer file for my
extension using the approved I-140( without having a pending 485
application ) ?
Greatly apprecite any response...
thanks
extended beyond 6 years using I-140 approval?
2.Do I need to be with the employer who filed PERM in order to get the H1b
extended beyond 6 years using I-140 or can a new employer file for my
extension using the approved I-140( without having a pending 485
application ) ?
Greatly apprecite any response...
thanks
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fxok425
01-09 10:07 PM
I was H1B, but used AP return to the U.S. the same company, but when I filed the new I-9 form after return, the company lawyer asked me to write EAD and EAD expiration date, so I guess I am AOS now? or not? I am not sure. My company will resume my H1B this month, but don't know when it will be completed.
Now I am going to e-file EAD renew.There are some questions in the form I-765 that I am not sure how to answer (The lawyer has completed his 140 and 485 document, so he doesn't want to answer now.):
1, Manner of Last Entry into the U.S.: Should I choose PAR (PAROLEE) or H1B (SPECIALITY OCCUPATION)?
2, Status: Should I choose PAR (PAROLEE) or H1B(SPECIALITY OCCUPATION)?
3, Please select your eligibility status : Should I choose (a) (4) PAROLEE or (c) (9) FILED I-485?
Thanks!
Now I am going to e-file EAD renew.There are some questions in the form I-765 that I am not sure how to answer (The lawyer has completed his 140 and 485 document, so he doesn't want to answer now.):
1, Manner of Last Entry into the U.S.: Should I choose PAR (PAROLEE) or H1B (SPECIALITY OCCUPATION)?
2, Status: Should I choose PAR (PAROLEE) or H1B(SPECIALITY OCCUPATION)?
3, Please select your eligibility status : Should I choose (a) (4) PAROLEE or (c) (9) FILED I-485?
Thanks!
Blog Feeds
05-27 12:40 PM
Two little-known types of immigrant visas are the T and the U visas. The T visa is for people innocently involved in human trafficking, and the U visa is for victims of crime. The U visa's basic purpose is to make it easier for police to prosecute those who commit violence.
Both types of visas were discussed in a recent Dallas Morning News (http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/052010dnmetuvisa.8c47617.html) article. Here are excerpts from the article, beginning with a discussion of the U visa:
The visas began flowing only 18 months ago and the majority have gone to domestic violence victims, say officials from U.S. Citizenship and Immigration Services.
Under the Victims of Trafficking and Violence Protection Act, up to 10,000 such visas are authorized annually. Illegal immigrants may receive such visas if they've suffered "substantial" physical or mental abuse from criminal activity and, among other things, a law enforcement agency certifies they have information on criminal activity. The visa can lead to permanent legal residency status.
The issuing of U visas comes at a tense time in the national immigration debate, amid a polarizing crackdown and potentially broader policing powers against immigrants in Arizona. And it illuminates a prickly point of justice: Should the federal government give illegal immigrants special treatment for a societal good such as fighting violent crime?
The Victims of Trafficking and Violence Protection Act created both the U visa and the T visa. They're near the end of a complex network of visas, A through V.
T visas, for those involved in human trafficking, began flowing in 2002, but the flow of U visas was delayed as regulations on issuance were hammered out. In the last three full fiscal years, only about 250 to 300 T visas have been approved of the maximum annual allotment of 5,000.
In the last fiscal year, ending in September 2009, the federal government authorized 5,825 U visas. In the first five months of this fiscal year, nearly 5,000 such visas were given. There are about 6,600 visa applications pending, and the 10,000 allotment is expected to be reached as early as next month, said Maria Elena Garcia Upson, a spokeswoman for the immigration agency.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/9QAoUnEU-G4/)
Both types of visas were discussed in a recent Dallas Morning News (http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/052010dnmetuvisa.8c47617.html) article. Here are excerpts from the article, beginning with a discussion of the U visa:
The visas began flowing only 18 months ago and the majority have gone to domestic violence victims, say officials from U.S. Citizenship and Immigration Services.
Under the Victims of Trafficking and Violence Protection Act, up to 10,000 such visas are authorized annually. Illegal immigrants may receive such visas if they've suffered "substantial" physical or mental abuse from criminal activity and, among other things, a law enforcement agency certifies they have information on criminal activity. The visa can lead to permanent legal residency status.
The issuing of U visas comes at a tense time in the national immigration debate, amid a polarizing crackdown and potentially broader policing powers against immigrants in Arizona. And it illuminates a prickly point of justice: Should the federal government give illegal immigrants special treatment for a societal good such as fighting violent crime?
The Victims of Trafficking and Violence Protection Act created both the U visa and the T visa. They're near the end of a complex network of visas, A through V.
T visas, for those involved in human trafficking, began flowing in 2002, but the flow of U visas was delayed as regulations on issuance were hammered out. In the last three full fiscal years, only about 250 to 300 T visas have been approved of the maximum annual allotment of 5,000.
In the last fiscal year, ending in September 2009, the federal government authorized 5,825 U visas. In the first five months of this fiscal year, nearly 5,000 such visas were given. There are about 6,600 visa applications pending, and the 10,000 allotment is expected to be reached as early as next month, said Maria Elena Garcia Upson, a spokeswoman for the immigration agency.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/9QAoUnEU-G4/)
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shimul99
09-21 03:32 PM
I�m confused about using the EAD. Someone please clarify me�.
I already received the EAD for me and my wife. Currently, I�m in the H1b which is expiring on Sep 2008 (6 years are over). My questions are?
�Can I be in H1b and still work another job as a part-time?
�If my wife wants to work using her EAD does it have any effect on her h4 status?
�If my wife loose her job during the use of her EAD what will be her status?
�I applied my I485 in July 2, 2007. As I already received my EAD, can I be unemployed after 180 days and start a business by myself?
�I know after receiving the AP I visit any their country. What will be my status after I come back? Still H1b or anything else?
It will be very much appreciated if some can answer my questions?
Thanks ahead
I already received the EAD for me and my wife. Currently, I�m in the H1b which is expiring on Sep 2008 (6 years are over). My questions are?
�Can I be in H1b and still work another job as a part-time?
�If my wife wants to work using her EAD does it have any effect on her h4 status?
�If my wife loose her job during the use of her EAD what will be her status?
�I applied my I485 in July 2, 2007. As I already received my EAD, can I be unemployed after 180 days and start a business by myself?
�I know after receiving the AP I visit any their country. What will be my status after I come back? Still H1b or anything else?
It will be very much appreciated if some can answer my questions?
Thanks ahead
more...
SK2007
10-04 04:33 PM
my mothe in law is visiting us. she came to the Us last Aug 2006 as a B2 (tourist visa). we extented her visa once which iwas valid for Aug 8, 2007. then we applied for the extention again. yesterday we received the letter saying USCIS is not going to extend the visa anymore. the application had been rejected. but they didn't mentioned any date in the letter about when she have to go back.
what is safe for her? does she have any deadline to go back? is it 15 days or a month....
someone please let me know...thanks ahead
Generally, they give only one extension. Technically, I think she is already overstaying? The bigger problem will be coming back next time. Did you try calling them?
what is safe for her? does she have any deadline to go back? is it 15 days or a month....
someone please let me know...thanks ahead
Generally, they give only one extension. Technically, I think she is already overstaying? The bigger problem will be coming back next time. Did you try calling them?
bhatt
04-02 02:21 PM
I did it online on 3/21/09 and got approved for me and my wife on 3/31/09. 10 days total turn around! I was amazed to see USCIS's efficiency on cases filed online. I heard the opposite that if you file online it was taking long time. Mine was at NSC
For TSC paper filing is faster than eletronic filing;).
For TSC paper filing is faster than eletronic filing;).
more...
gsc999
06-20 12:10 PM
I am also in the same boat as you and my attorney has sent my Labor ETA 750 to DOL for changing the box 15. It is good to change it now at Labor stage as there is quite lot rejection at I140 stage if your degree is 3 years..so it is better to have it ammended at Labor stage.
I would say all those who are waiting on Labor with 3 Years degree should make sure that your Labor states that it a "combination" else you will be trouble.
- GCDreamzz
My two cents.
--------
My labor was certified with three year's bachelor's degree. Can you please elaborate what is this box # 15, I do have a copy of my labor application. I want to point this out to my attorney. Thanks.
I would say all those who are waiting on Labor with 3 Years degree should make sure that your Labor states that it a "combination" else you will be trouble.
- GCDreamzz
My two cents.
--------
My labor was certified with three year's bachelor's degree. Can you please elaborate what is this box # 15, I do have a copy of my labor application. I want to point this out to my attorney. Thanks.
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desi485
11-13 01:57 PM
As far as I know, you can file (or even decide not to file if you have H-1) anytime. This should not be an issue. In fact, one my friend's was in similar boat, he filed his EAD after gap of 3 months and got it approved.
EAD is only a backup for most of us if we are working on H1B. But it is better to have it renewed as you never know when you may have to use it due to layoff, firing or any other unfortunate event. It is more likely to happen due to current state of economy. CIS allows us to continue working on EAD after 180 days of filling 485 under AC21 rule.
However there are some unfortunate incidents going on where IO wrongfully denied 485 petitions when a person changed jobs using AC-21. I urge you to take part in IV AC-21 letters campaign which will help you and all of us to survive any unfortunate, unforseen job loss due to current downturn in economy. It is actully very easy, just print 4 pages and mail it thru' USPS. Won't even cost you $2. Remember this for yours and our future and peace of mind. (http://immigrationvoice.org/forum/showthread.php?t=22182) I humbly request you to do so for sake of our community. Thanks!
EAD is only a backup for most of us if we are working on H1B. But it is better to have it renewed as you never know when you may have to use it due to layoff, firing or any other unfortunate event. It is more likely to happen due to current state of economy. CIS allows us to continue working on EAD after 180 days of filling 485 under AC21 rule.
However there are some unfortunate incidents going on where IO wrongfully denied 485 petitions when a person changed jobs using AC-21. I urge you to take part in IV AC-21 letters campaign which will help you and all of us to survive any unfortunate, unforseen job loss due to current downturn in economy. It is actully very easy, just print 4 pages and mail it thru' USPS. Won't even cost you $2. Remember this for yours and our future and peace of mind. (http://immigrationvoice.org/forum/showthread.php?t=22182) I humbly request you to do so for sake of our community. Thanks!
more...
chakalov
08-02 02:34 PM
Is there any good news for DB Visa in that bill?
Nothing! This bill passed the Senate a month before they started the CIR. Cornyn introduced the SKIL act and then he immediately withdrew it because he was hoping that it will become part of the future Immigration bill. Later on the CIR failed and we are left with nothing again.
Nothing! This bill passed the Senate a month before they started the CIR. Cornyn introduced the SKIL act and then he immediately withdrew it because he was hoping that it will become part of the future Immigration bill. Later on the CIR failed and we are left with nothing again.
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raysaikat
04-27 09:08 PM
Hi All,
I have filed an extension for my parents B2 Visa. I have got extension approval but only got I-94 for father and did not find I-94 for mother. I did attach Supplement-I with my mother's details.
I just happen to look at my application, I-539. I found that I checked the following:
Members of my family are filing this application with me.
The total number of people (including me) in the application is: 1
Is it customary that I only receive I-94 for the principal applicant (in my case) and don't have to worry about?
If not, please share your thoughts. Do I need to file seperate application for my mother at this point?
Thank you all,
Sri
Each person needs to have his/her own I-94. It is an 1-1 mapping between I-94 and passport.
I have filed an extension for my parents B2 Visa. I have got extension approval but only got I-94 for father and did not find I-94 for mother. I did attach Supplement-I with my mother's details.
I just happen to look at my application, I-539. I found that I checked the following:
Members of my family are filing this application with me.
The total number of people (including me) in the application is: 1
Is it customary that I only receive I-94 for the principal applicant (in my case) and don't have to worry about?
If not, please share your thoughts. Do I need to file seperate application for my mother at this point?
Thank you all,
Sri
Each person needs to have his/her own I-94. It is an 1-1 mapping between I-94 and passport.
more...
permfiling
07-28 03:59 PM
Hi folks,
I have a appointment at calgary, canada for my H1 extension visa stamping. Any one has experience in Calgary.
My spouse entered the US on H4, she has a MBBS degree from india and she got H1 sponsored by a reputed university to do research.
I read on the posts that first time H4 to H1 stamping might pose a issue in canada if a person does not have degrees from US or Canada.
Please let me know.
Thanks
Contributed 500 to IV
I have a appointment at calgary, canada for my H1 extension visa stamping. Any one has experience in Calgary.
My spouse entered the US on H4, she has a MBBS degree from india and she got H1 sponsored by a reputed university to do research.
I read on the posts that first time H4 to H1 stamping might pose a issue in canada if a person does not have degrees from US or Canada.
Please let me know.
Thanks
Contributed 500 to IV
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Pagal
04-29 07:47 AM
Hello,
Travisa SF is a small setup ... there is one lady who manages the show (and she may have an asst or two). Your best option is to visit their office in downtown ... somewhere near Market St, I remember.
I had good experience with them for UK visa a few years ago ... good luck!
Travisa SF is a small setup ... there is one lady who manages the show (and she may have an asst or two). Your best option is to visit their office in downtown ... somewhere near Market St, I remember.
I had good experience with them for UK visa a few years ago ... good luck!
more...
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gc28262
02-13 07:43 AM
FOIA should be the route.
I remember someone posting on the forum that they got all their information, right from Labor certification on a CD through FOIA.
Try this google search "FOIA + cd site:immigrationvoice.org" without quotes
I remember someone posting on the forum that they got all their information, right from Labor certification on a CD through FOIA.
Try this google search "FOIA + cd site:immigrationvoice.org" without quotes
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gcformeornot
01-29 05:52 PM
H1 would be valid/active the moment you accept employment with H1-B sponsoring employer.
Since you haven't started working and assuming you haven't accepted the offer from the
H1 sponsoring employer, YOU should be fine.
Please take advise from your company attorney.
you are wrong. I am not on H1 but I think the moment you get H1, in this case COS from H4 to H1 within few months you should have paying job. There will be problem at time of extension if no paystubs are present. Bench or not employer need to Pay H1b if he has hired one.
Since you haven't started working and assuming you haven't accepted the offer from the
H1 sponsoring employer, YOU should be fine.
Please take advise from your company attorney.
you are wrong. I am not on H1 but I think the moment you get H1, in this case COS from H4 to H1 within few months you should have paying job. There will be problem at time of extension if no paystubs are present. Bench or not employer need to Pay H1b if he has hired one.
more...
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gzpain
12-17 12:01 PM
I haven't contributed yet, but I would like to do. Can one of you please add my email address to WI state chapter.
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lahuja1
01-24 03:39 PM
The LCA was only filed last week (01/18)...
more...
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Lou76
08-03 01:00 PM
Almost 2 years ago I visited an attorney to talk about my I-130. I wasn't very inform at the time and I think the attorney took advantage of me. My mother had recently become a US citizen in 2007 when i visit this attorney. In 2005 my mother filed an I-130 for me so when she became a US citizen I thought I should visit an attorney to "upgrade my petition" since my mother was not longer a permanent resident but a US citizen.
The attorney filed a Form G-28 - Notice of Entry of Appearance as Attorney or Representative which claimed was the petition upgrade. Recently, this past Friday I received noticed that my I-130 has been approved.
Today, I try to contact someone in the attorney's office but all I get is the voice mail. To be honest I have no trust in this attorney but I already paid $850 for this attorney's service which in verbal agreement said to my mother would receive a discount for the next steps in my case. But this attorney has done nothing for me just file a G-28 so a noticed would be delivered to their office.
I would like to know if I decide to find another attorney is there a way I can receive my $850 back some how through the new attorney or with certain process?
Thanks!
The attorney filed a Form G-28 - Notice of Entry of Appearance as Attorney or Representative which claimed was the petition upgrade. Recently, this past Friday I received noticed that my I-130 has been approved.
Today, I try to contact someone in the attorney's office but all I get is the voice mail. To be honest I have no trust in this attorney but I already paid $850 for this attorney's service which in verbal agreement said to my mother would receive a discount for the next steps in my case. But this attorney has done nothing for me just file a G-28 so a noticed would be delivered to their office.
I would like to know if I decide to find another attorney is there a way I can receive my $850 back some how through the new attorney or with certain process?
Thanks!
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desibechara
02-28 01:55 PM
L1 GC process is the best way to get Gc nowadays. within 6 months u can get it..I know someone(from India) who did.
you don't have to convert it to H1
DB
you don't have to convert it to H1
DB
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SpookyH1Alien
10-24 03:13 PM
Hi,
I have my I140 approved from a reputed company. My priority date is Nov 30th 2007. I have not been able to file I485 because of the priority date not being current. I am planning to move back to India next year. In the future, if I do wish to come back through family based immigration because my brother is a US citizen, will I be able to use the Nov 30th 2007 priority date toward my family based immigration case.
Thanks in advance.
I have my I140 approved from a reputed company. My priority date is Nov 30th 2007. I have not been able to file I485 because of the priority date not being current. I am planning to move back to India next year. In the future, if I do wish to come back through family based immigration because my brother is a US citizen, will I be able to use the Nov 30th 2007 priority date toward my family based immigration case.
Thanks in advance.
EB2IMMIGRANT
08-10 12:01 PM
I think this is good thing. This will definitely weed out the fraud cases and maybe free up some visa numbers. If your AC-21 portability is genuine you have nothing to fear. Let them investigate as much as they want.
krustycat
01-09 04:50 PM
Did you contact them?What did they say?Did you receive any EAD or AP because some people receive those even before getting receipt numbers???
Yes, I contacted them several times. They only ask you to wait more.
I also have sent two emails to DHS, CIS Ombudsman's office. They asked me to use a Form 7001.
I sent the Form 7001 to CIS Ombudsman on Nov/07. I didn't even get a receipt confirmation from Ombudsman's office.
I was able to open a service request after 5 months of waiting, on Dec/07. I'm still waiting for a reply about the SR.
I faxed a letter to the service center.
Nothing so far.
It's seems like the package got lost (as well as my lawyer :p ).
I just wanted to show you that there is more people in the same situation from July.
Hang in there!
Best of luck.
Yes, I contacted them several times. They only ask you to wait more.
I also have sent two emails to DHS, CIS Ombudsman's office. They asked me to use a Form 7001.
I sent the Form 7001 to CIS Ombudsman on Nov/07. I didn't even get a receipt confirmation from Ombudsman's office.
I was able to open a service request after 5 months of waiting, on Dec/07. I'm still waiting for a reply about the SR.
I faxed a letter to the service center.
Nothing so far.
It's seems like the package got lost (as well as my lawyer :p ).
I just wanted to show you that there is more people in the same situation from July.
Hang in there!
Best of luck.
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