slowwin
05-20 09:04 AM
This question is for an attorney:
My spouse's case is this: She has applied for AOS I-485 (India) based on an underlying EB3 I-140 (PD feb. 2007) petition during July 2007. At that time she had also applied for an EB2 NIW self petition, which was recently approved in April 2009.
Two issues arise now:
a) The PD date of the newly approved I-140 is August 2007.How do we inform USCIS to capture previously approved EB3 I-140's PD. She has used AC21 to port to same or similar job, but he previous EB3 I-140 has not been revoked. Is it possible to capture previous PD?
b) Do we have to send new I-485's or can we ask USCIS to interile newly approved EB2 NIW I-140 to the already submitted I-485s. If yes, how do we do that ?
Thanks for the help.
slowwin
My spouse's case is this: She has applied for AOS I-485 (India) based on an underlying EB3 I-140 (PD feb. 2007) petition during July 2007. At that time she had also applied for an EB2 NIW self petition, which was recently approved in April 2009.
Two issues arise now:
a) The PD date of the newly approved I-140 is August 2007.How do we inform USCIS to capture previously approved EB3 I-140's PD. She has used AC21 to port to same or similar job, but he previous EB3 I-140 has not been revoked. Is it possible to capture previous PD?
b) Do we have to send new I-485's or can we ask USCIS to interile newly approved EB2 NIW I-140 to the already submitted I-485s. If yes, how do we do that ?
Thanks for the help.
slowwin
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sony_vaio
09-06 08:22 AM
Ajju, Mine & wife's applications for 485/EAD/AP reached Nebraska on 07/25/07 and I have receipt dates of 08/27/07. I'm yet to receive it from my lawyer. Found out the LIN #'s from the back of my encashed check. No finger print notice yet. I do not think every one who filed between 07/17/07 to 08/17/07 will have a receipt date of 07/17/07
nefrateedi
08-01 05:29 PM
Thanks for the information.
say for eg, there is a $1000 fee for my 485, does this include spouse's 485 also?
Or I have to pay seperate $1000 for spouse's 485?
No, it does not include the spouse's application. The fee schedule will give you a good idea of what the fees are for each category.
say for eg, there is a $1000 fee for my 485, does this include spouse's 485 also?
Or I have to pay seperate $1000 for spouse's 485?
No, it does not include the spouse's application. The fee schedule will give you a good idea of what the fees are for each category.
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abhishek101
12-28 11:31 AM
Today I received email from my lawyer that my Perm was approved yesterday.
Here are the details:
Started preparing for Perm Late June Early July
Advertised on DOL website October 1st - Nov 30th
Paper Advertisements: October - November
Applied Perm Dec 13th
Approval received Dec 27th.
Good luck to all. :D
Here are the details:
Started preparing for Perm Late June Early July
Advertised on DOL website October 1st - Nov 30th
Paper Advertisements: October - November
Applied Perm Dec 13th
Approval received Dec 27th.
Good luck to all. :D
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fall1998
05-18 09:47 AM
Thanks for your response!
martinvisalaw
04-13 12:06 PM
I wish this could be more easy.
That's why people hire lawyers to help them! The 864 is especially tricky.
The person being sponsored does not need to sign the I-864A as a household member, unless you have family immigrating with you. The whole reason for using an 864A is to show that a "household member" agrees to be a joint sponsor. By definition, a household member must live in the same house, i.e. have the same address.
Provide whatever documents you have to show that you have the same address, but considering having a lawyer help you, since this is a bit of a mess.
That's why people hire lawyers to help them! The 864 is especially tricky.
The person being sponsored does not need to sign the I-864A as a household member, unless you have family immigrating with you. The whole reason for using an 864A is to show that a "household member" agrees to be a joint sponsor. By definition, a household member must live in the same house, i.e. have the same address.
Provide whatever documents you have to show that you have the same address, but considering having a lawyer help you, since this is a bit of a mess.
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allen_1974
01-23 01:34 AM
Hi,
My passport will be expiring in next 6 months. I do have an appt pending with US embassy Bombay. I have some queries, if someone can please guide me:
1. What happens to old passport. I took Appt with old passport number?
2. Can I keep my old passport?
3. Is it OK to go for new renewed passport? Or will it impact the H1B stamping and interview process?
Pls suggest.
Regards
My passport will be expiring in next 6 months. I do have an appt pending with US embassy Bombay. I have some queries, if someone can please guide me:
1. What happens to old passport. I took Appt with old passport number?
2. Can I keep my old passport?
3. Is it OK to go for new renewed passport? Or will it impact the H1B stamping and interview process?
Pls suggest.
Regards
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krithi
02-07 04:25 PM
did u travel with just a copy or u know someone else who travelled using the copy.
thnx
java
thnx
java
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saturnring11
12-21 09:04 AM
What day did you go to the Salinas ASC? I'm thinking of Walking in on Saturday.
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Blog Feeds
06-13 05:40 PM
Last week I attended the Annual Immigration Lawyers conference in Las Vegas. During the conference, government officials spent some time to update the attendees of the most recent information and upcoming changes.
It seems that the collection of the $500 fraud fee for new H1B or L-1 petitions is being used to invest in hiring more investigators. One recent trend is that business practices that were standard and went unchallenged previously, now are being viewed as �fraud.� Many companies must revise their practices to meet current standards. This does not mean that these practices of employers or businesses are necessarily fraudulent.
The biggest frustration for lawyers dealing with H1B's are the unreasonable RFE's being issued by the service since the April 1 filing. USCIS is making requests for photos of the premises, copies of contracts between all involved parties, and evidence of doing business including leases, licenses, and other proof. These requests are onerous for employers, as well as disruptive and harmful to both the employer and the employee when the H1B petition is often denied without valid justification.
USCIS presumes fraud if the employer meets two out of the following three criteria: has been doing business for fewer than ten years, has fewer than 25 employees, and/or has less than $10 million in revenue. Most well-established, bona fide companies started with these drawbacks. Even many large, well-known, highly-reputable companies are being issued intensive requests for evidence (RFEs) that seem to be without basis. This trend must stop, otherwise employers will be discouraged from filing for new H1B workers.
More... (http://www.visalawyerblog.com/2009/06/h1b_visa_lawyer_cap_not_met_an.html)
It seems that the collection of the $500 fraud fee for new H1B or L-1 petitions is being used to invest in hiring more investigators. One recent trend is that business practices that were standard and went unchallenged previously, now are being viewed as �fraud.� Many companies must revise their practices to meet current standards. This does not mean that these practices of employers or businesses are necessarily fraudulent.
The biggest frustration for lawyers dealing with H1B's are the unreasonable RFE's being issued by the service since the April 1 filing. USCIS is making requests for photos of the premises, copies of contracts between all involved parties, and evidence of doing business including leases, licenses, and other proof. These requests are onerous for employers, as well as disruptive and harmful to both the employer and the employee when the H1B petition is often denied without valid justification.
USCIS presumes fraud if the employer meets two out of the following three criteria: has been doing business for fewer than ten years, has fewer than 25 employees, and/or has less than $10 million in revenue. Most well-established, bona fide companies started with these drawbacks. Even many large, well-known, highly-reputable companies are being issued intensive requests for evidence (RFEs) that seem to be without basis. This trend must stop, otherwise employers will be discouraged from filing for new H1B workers.
More... (http://www.visalawyerblog.com/2009/06/h1b_visa_lawyer_cap_not_met_an.html)
more...
ckpas
08-12 06:12 PM
Hi,
Need some help/advice on PERM LC issue:
My employer has filed PERM LC (PD Sep 2008) in EB2 (Job Description: Masters or Bachelors with 5 Yrs experience),
On may'09 got a query saying "Discrepency in Alien education and experience".
Stating: Alien workerer possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice.
my emplyer appealed saying: " H.4 in ETA does indicate masters deg. is the minimum requirement for the position and there is however no mention made of 5 yrs of exp. this appears in 8.A and 8.C as an alternate education and experience and therefore not related to the minimum requiremnt for the position"
my question: 1) Can this be considered as an error from the procesing center rather than my empr fault.
2) How severe this would be and what ud be the turn-over-time.
3) Do I need to reapply my PERM LC again.
Another mistake (which I don't know if its from PERM ior my employer) is even though i have more than 10 yrs of experience the reason for denial as you can see above says "Alien workerer possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice."
thanks in advance, appreciate comments
Need some help/advice on PERM LC issue:
My employer has filed PERM LC (PD Sep 2008) in EB2 (Job Description: Masters or Bachelors with 5 Yrs experience),
On may'09 got a query saying "Discrepency in Alien education and experience".
Stating: Alien workerer possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice.
my emplyer appealed saying: " H.4 in ETA does indicate masters deg. is the minimum requirement for the position and there is however no mention made of 5 yrs of exp. this appears in 8.A and 8.C as an alternate education and experience and therefore not related to the minimum requiremnt for the position"
my question: 1) Can this be considered as an error from the procesing center rather than my empr fault.
2) How severe this would be and what ud be the turn-over-time.
3) Do I need to reapply my PERM LC again.
Another mistake (which I don't know if its from PERM ior my employer) is even though i have more than 10 yrs of experience the reason for denial as you can see above says "Alien workerer possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice."
thanks in advance, appreciate comments
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webm
08-24 10:09 PM
Guys,
Has anyone experienced this?
EB3-I
PD - Nov. 2005
EAD/AP RD - July 11th, 2008
EAD/AP Notice Date - July 18th, 2008
EAD/AP approved - Aug. 18th, 2008
I just received EADs for me and my spouse and the validity is only 1 year! Aren't we (people whose PDs are retrogressed) supposed to receive EADs with 2 years validity?
Did you filed 140 & 485 concurrently?? this is also one of the uscis check that you shouldn't filed be concurrently...
Gurus,Correct me if i am wrong..
Has anyone experienced this?
EB3-I
PD - Nov. 2005
EAD/AP RD - July 11th, 2008
EAD/AP Notice Date - July 18th, 2008
EAD/AP approved - Aug. 18th, 2008
I just received EADs for me and my spouse and the validity is only 1 year! Aren't we (people whose PDs are retrogressed) supposed to receive EADs with 2 years validity?
Did you filed 140 & 485 concurrently?? this is also one of the uscis check that you shouldn't filed be concurrently...
Gurus,Correct me if i am wrong..
more...
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waitforgc1
05-27 04:22 PM
Try during nights and early mornings you should find.....
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mhkumar
05-25 12:18 PM
H1B workers returning to their jobs are eligible for emergency appointments in India.
Didn't you try it?
Didn't you try it?
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gaz
11-10 02:26 PM
This may have been posted here elsewhere - what do you think of the legislative timeline Ron Gotcher has described?
http://imminfo.com/resources/newsletter/200810Newsletter.pdf
http://imminfo.com/resources/newsletter/200810Newsletter.pdf
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delhiguy
06-24 12:08 PM
bump..
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skark
04-17 02:07 PM
Hello everybody,
My wife who is on H4 was denied admission to a masters in accounting program due to lack of work experience. Other factors (GPA/GMAT scores) were allright according to a professor at the university! Does anybody know how/where she can get some experience (voluntary/unpaid/intership). We have already looked at craigslist job listing in the non-profit sector and not many people are looking to hire even if its unpaid:eek: We reside in Raleigh/NC and was wondering if someone in this forum has some insight as to how we can move forward.
:confused:
Skark
My wife who is on H4 was denied admission to a masters in accounting program due to lack of work experience. Other factors (GPA/GMAT scores) were allright according to a professor at the university! Does anybody know how/where she can get some experience (voluntary/unpaid/intership). We have already looked at craigslist job listing in the non-profit sector and not many people are looking to hire even if its unpaid:eek: We reside in Raleigh/NC and was wondering if someone in this forum has some insight as to how we can move forward.
:confused:
Skark
girlfriend Mitchell and Ness Houston
green_4545
03-07 10:26 AM
My current title is Software engineer and my company is promoting me to Senior Software Engineer. I am on H1 and have filed I-485 in last July and also have approved I-140. This is just the title change and my duties will be same.
(1) Does my company need to file H1 amendment to keep me on H1 or do I have to necessarily switch to EAD?
(2) Does anything changes with respect to GC process?
(3) Do I need to have any specific paper work from the my company that job duties are same?
Any help is greatly appreciated.
(1) Does my company need to file H1 amendment to keep me on H1 or do I have to necessarily switch to EAD?
(2) Does anything changes with respect to GC process?
(3) Do I need to have any specific paper work from the my company that job duties are same?
Any help is greatly appreciated.
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Student with no hopes
01-20 09:06 AM
What happens to the people who graduated from the institute and applied for gc on its basis?
saileshdude
09-03 03:53 PM
Sohilbt,
What is the method of contacting them ? Do I call them or send some fax. Also is there any specific person I need to contact in their offices? Can you give details about how to contact them?
Thanks.
What is the method of contacting them ? Do I call them or send some fax. Also is there any specific person I need to contact in their offices? Can you give details about how to contact them?
Thanks.
rajuram
11-14 10:03 PM
Good to see motivated members.....
It is certain that the politicians will not touch the immigration topic in the next one year. Even after best efforts of the president the immigration bill failed in the senate few months ago.
One and only one thing that can be tried before Nov 2008 is the recapture of visa numbers from the last five years. I think IV should push for that.
Other than the above not much can happen, get ready for really long cold winter and then a looong hot summer. I wish things were better.
It is certain that the politicians will not touch the immigration topic in the next one year. Even after best efforts of the president the immigration bill failed in the senate few months ago.
One and only one thing that can be tried before Nov 2008 is the recapture of visa numbers from the last five years. I think IV should push for that.
Other than the above not much can happen, get ready for really long cold winter and then a looong hot summer. I wish things were better.
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