pointlesswait
08-04 11:58 AM
Obviously thansk for sharing!
my attorney said When you interfile, even if ur previous PD is current, you cannot file 140+485 together..
you have to first file the 140 requesting the previous PD be ported and then once that is approved..file you 485..!!
but he said....if ur PD is current you can take a chance and file both 140(requesting porting)+485 ..but then the chances of 485 being sent back are high..
my attorney said When you interfile, even if ur previous PD is current, you cannot file 140+485 together..
you have to first file the 140 requesting the previous PD be ported and then once that is approved..file you 485..!!
but he said....if ur PD is current you can take a chance and file both 140(requesting porting)+485 ..but then the chances of 485 being sent back are high..
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eager_immi
02-11 08:47 AM
They don't listen to anyone they are answerable to why would they listen to people with least amount if rights.
The Judicial system is run by Bush and et al..they wont listen to soemone who they are not answerable to.
The Judicial system is run by Bush and et al..they wont listen to soemone who they are not answerable to.
RattuRani
06-10 09:34 PM
The USCIS cannot be blamed for the quota mess. That is set by Congress. Now you can legitimately accuse them of sloth and indifference. But not greed. They're not a profit center for the US.
The right place to lobby for change is in Congress. As I've stated in other posts, the appetite doesn't seem to be there right this instant. Maybe if the economy comes roaring back in a couple years, then the political tide will once again turn in favor of reform.
The right place to lobby for change is in Congress. As I've stated in other posts, the appetite doesn't seem to be there right this instant. Maybe if the economy comes roaring back in a couple years, then the political tide will once again turn in favor of reform.
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bluez25
07-16 01:58 AM
i guess I am going to be in trouble in case I have to get a new PCC. I will try and get a new one when I reach India. Also update to my status is that chennai consulate has sent a letter to my local address in India about the interview appointment date.
more...
raj1998
04-21 09:51 AM
City of Houston eGovernment Center (http://www.houstontx.gov/)
deejk
03-10 11:11 AM
They started it from March 4, 2011. I have asked the USCIS representative when i called today about when they are starting the Secure Mail Initiative to track Green Card/EAD. The procedure is still the same, if its lost in mail, you will have to file I-90. But atleast you will know if it has been mailed, to which city, state, zipcode it has been mailed to.
more...
chanduv23
08-01 09:49 AM
Please note the reponse I got from service center to a query sent by the senators office
""
The scheduling of the biometrics is not based on the FBI fingerprints or name check being clearedfirst. ""
All waiting for FP leave no stone unturned, call, take infopass, etc
Thanks
I took infopass last week in NYC and the officer told me she will contact the TSC office and get it going and gave us a document signed by her stating the same. She asked us to come back in 45 days if nothing happens.
I doubt anything will happen, I am sure I will go back in 45 days and at that time they will say, you are not current anymore or some other reason.
""
The scheduling of the biometrics is not based on the FBI fingerprints or name check being clearedfirst. ""
All waiting for FP leave no stone unturned, call, take infopass, etc
Thanks
I took infopass last week in NYC and the officer told me she will contact the TSC office and get it going and gave us a document signed by her stating the same. She asked us to come back in 45 days if nothing happens.
I doubt anything will happen, I am sure I will go back in 45 days and at that time they will say, you are not current anymore or some other reason.
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manishgc
06-08 02:20 PM
Hi
I am in 7th year extension. I have PD 'Jan 2004 and my I-140 is cleared. (EB3)
If I get extension for 3yrs, can I switch to another Company. And since I have 5 yrs of exp, can I file in EB2?
Thanks in advance.
I am in 7th year extension. I have PD 'Jan 2004 and my I-140 is cleared. (EB3)
If I get extension for 3yrs, can I switch to another Company. And since I have 5 yrs of exp, can I file in EB2?
Thanks in advance.
more...
gc_chahiye
10-31 03:32 AM
Ideally you are supposed to apply ur H1B atleast before 1 month, at the same time you can apply ur H1B extension within 45 days after expiry date with a genuine reason.
where did you see these 30/45 days numbers? you can apply an H1 extension upto 180 days in advance of the expiry of your current H1 (basically 180 days before the new start-date)
where did you see these 30/45 days numbers? you can apply an H1 extension upto 180 days in advance of the expiry of your current H1 (basically 180 days before the new start-date)
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bluez25
07-15 02:46 PM
My Priority date is Feb 1st 2006. I got my 140 approved some time in May 2006 and Here I am today..
more...
Sakthisagar
02-24 03:25 PM
I think it is like this, if you apply before hand like 6 month before your Visa expiring date your chances of getting an RFE for client letter is minimal, provided you stick to the same employer and all necessary documents like paystubs, tax pay reciept etc, is submitted.
If you apply for Premium Processing, SURE HIT you will get RFE for the END client contract copy...
I have got only for an year extension last Sept 2009 --[total 10 years in US--changed my H1B company on 2003] -applied on Premium processing,--I-140 approved Jun 2005, missed the July 2007 fiasco... I am planning to apply on ordinary on April 2010 again.
So Key is do not go for Premium Processing if you could, apply 6 months before your H1B visa expires, inform the end client and vendor that you need a contract copy send it to USCIS if there is an RFE, if they cannot give you the copy for business reasons. Be Ready to reply the RFE.
Good Luck to all, and I wish all of us to be on EAD, before this 2010 year end.
May GOD Bless
If you apply for Premium Processing, SURE HIT you will get RFE for the END client contract copy...
I have got only for an year extension last Sept 2009 --[total 10 years in US--changed my H1B company on 2003] -applied on Premium processing,--I-140 approved Jun 2005, missed the July 2007 fiasco... I am planning to apply on ordinary on April 2010 again.
So Key is do not go for Premium Processing if you could, apply 6 months before your H1B visa expires, inform the end client and vendor that you need a contract copy send it to USCIS if there is an RFE, if they cannot give you the copy for business reasons. Be Ready to reply the RFE.
Good Luck to all, and I wish all of us to be on EAD, before this 2010 year end.
May GOD Bless
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mbartosik
05-30 01:17 PM
Following this logic only BEC cases are affected.
I use the word "only" caughtiously because there are still a lot in BECs and if it is you it is not a statistic.
If BECs complete processing by year end then all I140s could be issued within a few months of that.
After BEC cases have been processed then what's the problem since PERM is workable?
The only problems I see are:
BEC cases -- it is unacceptable to leave them out in the cold after such a long wait.
Abusive employers cancelling I140 before a new I140 is obtained after moving jobs.
The extension beyond 6th year was only ever intended to allow for the labor certification backlog.
Unfortunately the law makers acted too late and many had to leave some years ago before 7th year extensions were allowed. I hope they don't make up for that by acting too soon now (before BECs complete processing).
If the BECs complete their job, why would there be a need for 7th year extensions?
I use the word "only" caughtiously because there are still a lot in BECs and if it is you it is not a statistic.
If BECs complete processing by year end then all I140s could be issued within a few months of that.
After BEC cases have been processed then what's the problem since PERM is workable?
The only problems I see are:
BEC cases -- it is unacceptable to leave them out in the cold after such a long wait.
Abusive employers cancelling I140 before a new I140 is obtained after moving jobs.
The extension beyond 6th year was only ever intended to allow for the labor certification backlog.
Unfortunately the law makers acted too late and many had to leave some years ago before 7th year extensions were allowed. I hope they don't make up for that by acting too soon now (before BECs complete processing).
If the BECs complete their job, why would there be a need for 7th year extensions?
more...
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waitnwatch
05-30 01:02 PM
I would appreciate if you could reference the bill text (if you have), then we can together spin this news - thanks
Here is my explanation of how the new system will work -
The USCIS declares an open period for all merit based application.
Everyone on H1-B puts in an application and gets in line.
The USCIS declares the list of succesful applicants.
For oversubscribed countries (remember that the country limit is 10% of 140000) there will be unsuccessful applicants who will have to apply next year.
Those unsuccessful applicants who reach their 6th year on H1-B cannot get any more H1-B extensions because they donot have an approved I140.
So it will be goodbye to professors in Economics and Business from India and China who will not get points for either STEM or high demand occupations.
I hope this make sense.
Here is my explanation of how the new system will work -
The USCIS declares an open period for all merit based application.
Everyone on H1-B puts in an application and gets in line.
The USCIS declares the list of succesful applicants.
For oversubscribed countries (remember that the country limit is 10% of 140000) there will be unsuccessful applicants who will have to apply next year.
Those unsuccessful applicants who reach their 6th year on H1-B cannot get any more H1-B extensions because they donot have an approved I140.
So it will be goodbye to professors in Economics and Business from India and China who will not get points for either STEM or high demand occupations.
I hope this make sense.
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webm
04-21 02:39 PM
Congratulations on getting your GC !!!
I need to ask you a question as I don't see on LUD after FP in 485. However LUD changed on my approved I-140.
Was there any LUD on I-140 case after your FP?
Regards
Normally there should be a LUD on 485 after FP is done (same day/next)..
I need to ask you a question as I don't see on LUD after FP in 485. However LUD changed on my approved I-140.
Was there any LUD on I-140 case after your FP?
Regards
Normally there should be a LUD on 485 after FP is done (same day/next)..
more...
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eb3_nepa
04-13 11:19 AM
I was reading this article.
http://www.usconstitution.net/consttop_law.html.
It's a great article and maybe we shud add it in our FAQ section.
If you scroll down to the heading "The Bill Becomes Law"
it says :
Officially, after the President signs the bill, 10 days passes without a signature, or after a veto override, the bill is considered law. It is in effect at that moment. But in reality, it is, of course, more difficult than that.
Even on the Wikipedia article listed in the FAQ there was no mention of a 90 day delay. Just wondering if Sen Sessions simply asked for a 90 day delay or a 180 day delay.
Check this out too.
http://thomas.loc.gov/home/lawsmade.bysec/presidential.html
"A bill becomes law on the date of approval or passage over the President's veto, unless it expressly provides a different effective date."
http://www.usconstitution.net/consttop_law.html.
It's a great article and maybe we shud add it in our FAQ section.
If you scroll down to the heading "The Bill Becomes Law"
it says :
Officially, after the President signs the bill, 10 days passes without a signature, or after a veto override, the bill is considered law. It is in effect at that moment. But in reality, it is, of course, more difficult than that.
Even on the Wikipedia article listed in the FAQ there was no mention of a 90 day delay. Just wondering if Sen Sessions simply asked for a 90 day delay or a 180 day delay.
Check this out too.
http://thomas.loc.gov/home/lawsmade.bysec/presidential.html
"A bill becomes law on the date of approval or passage over the President's veto, unless it expressly provides a different effective date."
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eb3_nepa
05-12 03:58 PM
Yeah but then that is a nice free luch for those who do not contribute. The motto will become, just sit back and relax and let the other fools do the hard work and spend their hard earned money.
more...
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dpp
07-27 03:02 PM
I-485, 765 and 131 forms are for the applicant who wants to adjust status/ work/travel. So, applicant signature is required. Even though you fill G28, that is for authorizing the attorney in preparing and submitting the forms.
I think no one otherthan the actual applicant can sign the forms. If attorney represent you, then he will sign in his part, thats it. But you need to sign your part anyway.
Please ask your attorney why he did like that.
Yeah, he did, but no form is signed by me. Moreover I have not given any authorization form.
Is it OK.
Please confirm.
Thanks for the earlier reply.
I think no one otherthan the actual applicant can sign the forms. If attorney represent you, then he will sign in his part, thats it. But you need to sign your part anyway.
Please ask your attorney why he did like that.
Yeah, he did, but no form is signed by me. Moreover I have not given any authorization form.
Is it OK.
Please confirm.
Thanks for the earlier reply.
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Ann Ruben
02-04 09:16 PM
Hi Prem,
As long as your sister is complying with the terms of her B-1 admission, she is entitled to begin work for the new employer as soon as that employer files an H-1 petition requesting a change of status on her behalf. Pay stubs from her original H employer should not be required. The language quoted below is from a Nov. 2000 USCIS Q&A:
"Q10: Who is eligible to use the H1B "portability" provisions?
A10: The portability provisions allow a nonimmigrant alien previously issued an H-1B visa or otherwise accorded H-1B status to begin working for a new H-1B employer as soon as the new employer files an H-1B petition for the alien. Previously, aliens in this situation had to await INS approval before commencing the new H-1B employment. These provisions apply to H-1B petitions filed "before, on, or after" the date of enactment, so all aliens who meet this definition can begin using the portability provisions.
Q11: Are there any other limitations on the portability provisions?
A11: An alien must have been lawfully admitted into the United States. The new employer must have filed a "non-frivolous" petition while the alien was in a period of stay authorized by the Attorney General. A non-frivolous petition is one that has some basis in law or fact. INS plans to further define this in its implementing regulations. Subsequent to such lawful admission, the alien must not have been employed without authorization."
However, if the request for a change of status is made too soon after her arrival USCIS could find that she committed fraud at entry. For that reason, I strongly advise that nothing be filed (including the LCA)until your sister has been here at least 30 days, and preferably 60 days.
Also, if your sister was out of the US for a year or more, there is a possibility that she might be subject to the H-1 cap.
Hope this information is helpful.
Ann
As long as your sister is complying with the terms of her B-1 admission, she is entitled to begin work for the new employer as soon as that employer files an H-1 petition requesting a change of status on her behalf. Pay stubs from her original H employer should not be required. The language quoted below is from a Nov. 2000 USCIS Q&A:
"Q10: Who is eligible to use the H1B "portability" provisions?
A10: The portability provisions allow a nonimmigrant alien previously issued an H-1B visa or otherwise accorded H-1B status to begin working for a new H-1B employer as soon as the new employer files an H-1B petition for the alien. Previously, aliens in this situation had to await INS approval before commencing the new H-1B employment. These provisions apply to H-1B petitions filed "before, on, or after" the date of enactment, so all aliens who meet this definition can begin using the portability provisions.
Q11: Are there any other limitations on the portability provisions?
A11: An alien must have been lawfully admitted into the United States. The new employer must have filed a "non-frivolous" petition while the alien was in a period of stay authorized by the Attorney General. A non-frivolous petition is one that has some basis in law or fact. INS plans to further define this in its implementing regulations. Subsequent to such lawful admission, the alien must not have been employed without authorization."
However, if the request for a change of status is made too soon after her arrival USCIS could find that she committed fraud at entry. For that reason, I strongly advise that nothing be filed (including the LCA)until your sister has been here at least 30 days, and preferably 60 days.
Also, if your sister was out of the US for a year or more, there is a possibility that she might be subject to the H-1 cap.
Hope this information is helpful.
Ann
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gc_wannabe
06-16 11:05 PM
Hi- When I started off with the green card process, I had not idea about what most of the things meant. I joined a very reputable Fortune 500 company in 2006 (the same year I came to the US on a H1B), and started my GC process in 2007. The company offered me an pre-approved labor with a 2006 PD, which had a matching requirement w.r.t job description and salary.
During July 2007, i filed for my I-140 and I-485. Subsequently, my I-140 got approved without any issues. Now, given that my priority date is close to being current (2/14/2006), I'm afraid if using a pre-approved labor will have any role to play with my I-485 approval.
And no, I'm not working for a consultant. And I have been with the same employer since 2006.
Please don't start off with the jumping the queue argument. When I used the labor substitution, it was perfectly legal, and didn't even know what a priority date is :-)
Thanks.
During July 2007, i filed for my I-140 and I-485. Subsequently, my I-140 got approved without any issues. Now, given that my priority date is close to being current (2/14/2006), I'm afraid if using a pre-approved labor will have any role to play with my I-485 approval.
And no, I'm not working for a consultant. And I have been with the same employer since 2006.
Please don't start off with the jumping the queue argument. When I used the labor substitution, it was perfectly legal, and didn't even know what a priority date is :-)
Thanks.
DallasBlue
07-15 12:01 AM
Conference call for the TX state chapter every first and third sunday at 3pm cst of the month.
Dial-In #: 1-218-486-1300
Bridge:
Thanks
Dial-In #: 1-218-486-1300
Bridge:
Thanks
nozerd
01-15 01:35 PM
1) General test.
2) Best thing is not to ask them to send results. Just get an extra copy for yourself and mail it to Buffalo. No specific officer just write on the address
TO
File # B4567890
Immigration section
Consulate General of Canada
Best of luck
2) Best thing is not to ask them to send results. Just get an extra copy for yourself and mail it to Buffalo. No specific officer just write on the address
TO
File # B4567890
Immigration section
Consulate General of Canada
Best of luck
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