nik.patelc
08-11 07:22 PM
As per Spet 2009 visa bulletin, my PD will be current . I recently moved to LA due to Job change . If i do AC 21, do you think i will miss a oppurtunity of getting GC in spet since my PD is OCT 2004.
Please advise. Should i do AC21 now ? Or Should i do only on RFE?
Another question. I still have permanent address in chicago but moved to LA. Do i need to do AC11 form?
Nik
Please advise. Should i do AC21 now ? Or Should i do only on RFE?
Another question. I still have permanent address in chicago but moved to LA. Do i need to do AC11 form?
Nik
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piyu7444
04-19 04:44 AM
employer should not withdraw I 140 else your AOS can be in trouble.....
mihird
06-16 10:20 AM
Does anyone know if you can file for I-485 on a B1/B2 or do you need to have an H4 status?
It seems to me, you are on a B1/B2 and are contemplating a marriage to a "485 current" green card benfeciary...and subsequently filing the 485 jointly with your would be other half...
The intention in a B class visa is very weak and its purpose very limited. It is best to not do anything while on the B visa, and relinquish the B status, then either re-enter on a stronger intent visa (H1/H4 or L1) and then file 485 or file the 485 from outside the country.
Any change of status from a B class visa is usually looked upon with a frown by the USCIS...
Even if you are not contemplating a marriage, but are already married for long but just happen to be in the US on a B Class visa, it is best to reliquish your B status, before doing anyting...
It seems to me, you are on a B1/B2 and are contemplating a marriage to a "485 current" green card benfeciary...and subsequently filing the 485 jointly with your would be other half...
The intention in a B class visa is very weak and its purpose very limited. It is best to not do anything while on the B visa, and relinquish the B status, then either re-enter on a stronger intent visa (H1/H4 or L1) and then file 485 or file the 485 from outside the country.
Any change of status from a B class visa is usually looked upon with a frown by the USCIS...
Even if you are not contemplating a marriage, but are already married for long but just happen to be in the US on a B Class visa, it is best to reliquish your B status, before doing anyting...
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Ann Ruben
01-21 07:54 PM
Please clarify:
When was your labor cert. application filed?
Is it still pending?
On what date did you first enter the US in H-1 status or first obtain a change of status to H-1?
Since you first entered the US in H-1 status or since you first changed status to H-1 have you spent any time out of the US?
If so, how many days?
When in 2008 did your new employer file its H-1 petition for you?
When was your labor cert. application filed?
Is it still pending?
On what date did you first enter the US in H-1 status or first obtain a change of status to H-1?
Since you first entered the US in H-1 status or since you first changed status to H-1 have you spent any time out of the US?
If so, how many days?
When in 2008 did your new employer file its H-1 petition for you?
more...
WeShallOvercome
01-10 06:43 PM
Gurus,
I got my GC on the 30th of Nov. My current project ended on 31st Dec. My employer is not responding to my calls and emails asking him if I'll get paid on bench. He is not giving any clear answers and just dodging the direct questions.
I have a few very good offers in my hand as of now which I can take but those might put me in violation of some non-compete agreements that I signed. I also signed a 1 year 'bond' at the time of my I-485 filing in May.
I'm without work for the last 7 days and I won't know if he will pay me on bench before I get my paycheck end of january...
Some of the offers that I have can wait for a few more weeks...
What do you guys think I should do in this case..
Mainly worried about these aspects:
1. Non-compete agreements
2. Bond signed at the time of agreement
3. Leaving employer soon after getting my GC.
Please don't blast me for being a chicken even after getting my GC... I'm just trying to get the opinion of my fellow IVians...
Thanks
I got my GC on the 30th of Nov. My current project ended on 31st Dec. My employer is not responding to my calls and emails asking him if I'll get paid on bench. He is not giving any clear answers and just dodging the direct questions.
I have a few very good offers in my hand as of now which I can take but those might put me in violation of some non-compete agreements that I signed. I also signed a 1 year 'bond' at the time of my I-485 filing in May.
I'm without work for the last 7 days and I won't know if he will pay me on bench before I get my paycheck end of january...
Some of the offers that I have can wait for a few more weeks...
What do you guys think I should do in this case..
Mainly worried about these aspects:
1. Non-compete agreements
2. Bond signed at the time of agreement
3. Leaving employer soon after getting my GC.
Please don't blast me for being a chicken even after getting my GC... I'm just trying to get the opinion of my fellow IVians...
Thanks
adsrms
03-18 11:46 AM
It is a hard situation for me. I-485 interview for AOS is due in just 3-4 days from now. I am separated from my US citizen wife.Have not filed for divorce. I am employed in the US on a valid L1-B visa.
Our marriage may or may not work..
1. I need advice as to how to withdraw the I-485 AOS application. I do no have copy of documents/notices that USCIS sent.They are with my wife.
Or
2. If we do work out our differences then is there a way to keep the current AOS alive? Or shall I get the current one withdrawn and file for a new one if we do resolves our differences?
3. Also if I do withdraw the I-485 does it also mean that the I-130 filed by my wife is abandoned/revoked automoatically?
Really appreciate a prompt advice.
Our marriage may or may not work..
1. I need advice as to how to withdraw the I-485 AOS application. I do no have copy of documents/notices that USCIS sent.They are with my wife.
Or
2. If we do work out our differences then is there a way to keep the current AOS alive? Or shall I get the current one withdrawn and file for a new one if we do resolves our differences?
3. Also if I do withdraw the I-485 does it also mean that the I-130 filed by my wife is abandoned/revoked automoatically?
Really appreciate a prompt advice.
more...
wandmaker
07-20 10:38 AM
Hi,
I got an RFE on EAD Renewal and notice says the following.
The application you submitted must bear the original signature of the applicant. You must sign the attached copy of Form I-765 in the signature block marked in Red.
I got only RFE notice with this information and there is no attachment with this RFE.
I am 200% sure that I signed the application.
Now I have no idea what to do and there is no attachment to sign.
I filed myself without attorney help.
Any one please help me how to handle this RFE.
Can I send new I-765 application or request again for attachment
My EAD expiring on 8/26/2008
Paper based application
Applied on May 5th 2008 at NSC
Thanks,
You might have signed using a black ink. Now-a-days, the photocopiers are so cool, you can not differentiate between original and a copy. It could be one of the reason, USCIS has sent an RFE on your EAD. Write a cover letter, Fill a new 765 form with the same details as the one you last sent and Remember to sign in BLUE ink.
I got an RFE on EAD Renewal and notice says the following.
The application you submitted must bear the original signature of the applicant. You must sign the attached copy of Form I-765 in the signature block marked in Red.
I got only RFE notice with this information and there is no attachment with this RFE.
I am 200% sure that I signed the application.
Now I have no idea what to do and there is no attachment to sign.
I filed myself without attorney help.
Any one please help me how to handle this RFE.
Can I send new I-765 application or request again for attachment
My EAD expiring on 8/26/2008
Paper based application
Applied on May 5th 2008 at NSC
Thanks,
You might have signed using a black ink. Now-a-days, the photocopiers are so cool, you can not differentiate between original and a copy. It could be one of the reason, USCIS has sent an RFE on your EAD. Write a cover letter, Fill a new 765 form with the same details as the one you last sent and Remember to sign in BLUE ink.
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TimeSaver
07-11 11:48 AM
Thanks guys.
more...
achu
09-23 07:03 PM
... and ideally it should be copy of your approved labor.
I applied my labor as Software Engineer and BEC approved it with a code of Mechanical Engineer. I got it changed, but took me a year though. They kept my change request until the end when they were ready to shutdown BEC.
I probably go ahead and use what in the approved labor certificate. by the way how do I find exact job-code that I used in the I-140.
thanks.
achu
I applied my labor as Software Engineer and BEC approved it with a code of Mechanical Engineer. I got it changed, but took me a year though. They kept my change request until the end when they were ready to shutdown BEC.
I probably go ahead and use what in the approved labor certificate. by the way how do I find exact job-code that I used in the I-140.
thanks.
achu
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Desibabu
07-23 07:19 PM
I am currently on H4 and it expires in a couple of months. I have my H1 approved for 2008 quota. My husband's H1 expires on sept 2007. we are applying for I-485 next month. Do i need to apply I-765 and I-131 because as per the instructions from my attorney it says the following:
-I-765 or EAD card. If you have valid H-1B valid more than one year and will not change job, you do not need EAD.
-i-131 or Advance Parole. If you have valid H-1 or H-4 visa stamping valid more than one year of if you are Canadian citizen, you do not need AP
Please clarify me whether I-765 and I-131 is required for our case.
-I-765 or EAD card. If you have valid H-1B valid more than one year and will not change job, you do not need EAD.
-i-131 or Advance Parole. If you have valid H-1 or H-4 visa stamping valid more than one year of if you are Canadian citizen, you do not need AP
Please clarify me whether I-765 and I-131 is required for our case.
more...
mjdup
10-16 05:08 AM
I was in a similar situation as you and had to use this firm. H1B filing experience was fine but the entire GC process and filing was not a good experience at all. There were days I had to call the paralegal and teach him the new immigration laws and that's never a good sign ! Because of their mistake I was stuck in Eb3 rather being in Eb2. May be they will deal differently with your case but have a chat with them and your company managers before you agree to use them. I m with another company and another attorney firm and they are awesome !
Anyway, pm me if you need more info. Good luck,
Anyway, pm me if you need more info. Good luck,
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kumar_459
11-05 07:30 PM
Any one has some suggestions??
more...
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sunny1000
07-19 04:21 PM
Is it mandatory to spend [B]at least[B] 6 months residing in the US every calendar year after obtaining a GC? :confused:
If your stay is less than 1 year abroad, you can reenter using just your green card. If you want to stay 1-2 years outside the U.S, you will have to apply for a reentry permit before departure. But, it will be considered as a break (i.e, more than 1 year abroad) in the continous residence requirement of 5 years when it comes to your naturalization application.
If you want to stay longer than that, you will have to apply for "returning resident permit" for which you need to prove that your intent is to be a permanent resident but, your stay abroad longer than the period of the reentry permit was beyond your control.
Please consult an attorney so that you don't lose your PR.
If your stay is less than 1 year abroad, you can reenter using just your green card. If you want to stay 1-2 years outside the U.S, you will have to apply for a reentry permit before departure. But, it will be considered as a break (i.e, more than 1 year abroad) in the continous residence requirement of 5 years when it comes to your naturalization application.
If you want to stay longer than that, you will have to apply for "returning resident permit" for which you need to prove that your intent is to be a permanent resident but, your stay abroad longer than the period of the reentry permit was beyond your control.
Please consult an attorney so that you don't lose your PR.
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bskrishna
02-16 03:34 PM
I do not know if this has been posted on this forum..
But some of the testimonials are interesting for Students & STEM based EB applicants..
This is from Immigration-law:
02/14/2008: House Subcommittee Hearing on Status of Visas & Policies on Foreign Students and Scholars on February 7, 2008
The House had this important hearing that can have an impact on the employment-based immigration issues relating to the STEM foreign graduates in research and higher learning institutions. It is suggested that the EB immigrants in STEM to review the testimonies of witnesses in this hearing.
Purpose and Summary of the Subject
Testimonies of Witnesses:
:: Opening Statements by Rep. Brian Baird
:: Witness Statements ::
Mr. Tony Edson
Ms. Catheryn Cotten
Dr. Harvey Fineberg
Dr. Allan E. Goodman
Under the current political environment and a long pause in the employment-based immigration legislation issues in the Hill, this is indeed an important news in that at least the Congress is giving attention to the predicament the research and higher learning institutions are facing owing to the failure of the do-nothing Congress and the Administration to act on the matter.
Link to the congressional comittee website..
http://science.house.gov/publications/hearings_markups_details.aspx?NewsID=2064
But some of the testimonials are interesting for Students & STEM based EB applicants..
This is from Immigration-law:
02/14/2008: House Subcommittee Hearing on Status of Visas & Policies on Foreign Students and Scholars on February 7, 2008
The House had this important hearing that can have an impact on the employment-based immigration issues relating to the STEM foreign graduates in research and higher learning institutions. It is suggested that the EB immigrants in STEM to review the testimonies of witnesses in this hearing.
Purpose and Summary of the Subject
Testimonies of Witnesses:
:: Opening Statements by Rep. Brian Baird
:: Witness Statements ::
Mr. Tony Edson
Ms. Catheryn Cotten
Dr. Harvey Fineberg
Dr. Allan E. Goodman
Under the current political environment and a long pause in the employment-based immigration legislation issues in the Hill, this is indeed an important news in that at least the Congress is giving attention to the predicament the research and higher learning institutions are facing owing to the failure of the do-nothing Congress and the Administration to act on the matter.
Link to the congressional comittee website..
http://science.house.gov/publications/hearings_markups_details.aspx?NewsID=2064
more...
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PDOCT05
09-28 04:58 PM
Folks i am starting this thread for July 3rd filers who hasn't seen any activity.
Please see my signature.
Please see my signature.
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gccovet
04-30 04:01 PM
Hello Gurus,
My 6 years H1B visa term is expiring on Apr 30th 2008. My company filed 3 years of extension on approved I140 basis, which is still pending as of Apr 30th 2008. And my I 94 is dated till Apr 30th 2008.
I filed my I 485 in June 2007 and got EAD and AP
1) What will be my status after Apr 30 2008. Will I still be on H1 status, if not what will be my status.
And what is 'H1 pending for 240 days rule'.
Your answer is very much appriciated.
Hydubadi.:confused:
Until you get any decision on your H1 extension, you are still considered on H1.
GCCovet
My 6 years H1B visa term is expiring on Apr 30th 2008. My company filed 3 years of extension on approved I140 basis, which is still pending as of Apr 30th 2008. And my I 94 is dated till Apr 30th 2008.
I filed my I 485 in June 2007 and got EAD and AP
1) What will be my status after Apr 30 2008. Will I still be on H1 status, if not what will be my status.
And what is 'H1 pending for 240 days rule'.
Your answer is very much appriciated.
Hydubadi.:confused:
Until you get any decision on your H1 extension, you are still considered on H1.
GCCovet
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damialok
05-05 01:26 PM
As per the terms of the settlement (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eaf995fda9a99110VgnVCM1000004718190aRCR D&vgnextchannel=2492db65022ee010VgnVCM1000000ecd190a RCRD), USCIS will EXPEDITE the N-400 and I-485 IF
Its been pending at USCIS for atleast 6 months
AND
You are receiving SSI benefits
Well I meet the first condition and visa numbers for my I-485 are available. But I dont meet the 2nd condition(not really sure). I for sure dont receive any benefits from SSA so I guess I cant use this settlement.
Any insights/ideas?
Its been pending at USCIS for atleast 6 months
AND
You are receiving SSI benefits
Well I meet the first condition and visa numbers for my I-485 are available. But I dont meet the 2nd condition(not really sure). I for sure dont receive any benefits from SSA so I guess I cant use this settlement.
Any insights/ideas?
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nishant2200
03-03 02:49 PM
Murthy article at:
MurthyDotCom : Temporary Government Shutdown: How Immigration Might be Affected (http://murthy.com/news/n_shutdo.html)
the LCA part is most important.
The shutdown has been delayed till March 18th, as per latest.
MurthyDotCom : Temporary Government Shutdown: How Immigration Might be Affected (http://murthy.com/news/n_shutdo.html)
the LCA part is most important.
The shutdown has been delayed till March 18th, as per latest.
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friend_in_NC
06-25 06:50 AM
My attorney has asked to send color copies of the driver's license for 485 filing. I just now realized that I have not changed my address on the license. Will that be a problem? Is it critical to have current address on the license? Any thoughts?
bagheera
06-10 05:28 PM
Hello all, please share your thoughts/advice on my case.
Worked for Employer A from May 2004 - April 2007
I-140 approved for Employer A in January 2007 (EB2 Category)
Changed job in April 2007 to Employer B (my current employer).
I-485 filed in July 2007 using approved I-140 from Employer A, and a letter for future employment.
Employment verification RFE received in June 2009
My lawyer advises to use AC21 and provide employment verification letter from my current employer (Employer B) for this RFE response.
Since my I485 filing was based on future employment and I did not work for Employer A for 180 days after filing I-485, this causes some complexity.
AC21 invocation letters typically state that you're using AC21 for switching employment after 180 days. What argument should be used to invoke AC21 in my case?
Thanks!
Worked for Employer A from May 2004 - April 2007
I-140 approved for Employer A in January 2007 (EB2 Category)
Changed job in April 2007 to Employer B (my current employer).
I-485 filed in July 2007 using approved I-140 from Employer A, and a letter for future employment.
Employment verification RFE received in June 2009
My lawyer advises to use AC21 and provide employment verification letter from my current employer (Employer B) for this RFE response.
Since my I485 filing was based on future employment and I did not work for Employer A for 180 days after filing I-485, this causes some complexity.
AC21 invocation letters typically state that you're using AC21 for switching employment after 180 days. What argument should be used to invoke AC21 in my case?
Thanks!
pasupuleti
03-06 11:10 PM
http://www.isnamerica.org
There is nothing going on with isnamerica.
There is nothing going on with isnamerica.
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