EB-VoiceImmigration
08-14 01:07 AM
can i apply one more I-140 , and what will be my case in this situation
If you tranfer ur H1 to new employer, i think u need to start green card process from the beginning. your old approved labor no longer valid and also u can not port ur PD.
If you I-140 approved (then I dont think u will do H1 transfer), still same process above but I think u can port your PD.
But like other members suggested, please consult attorney.
If you tranfer ur H1 to new employer, i think u need to start green card process from the beginning. your old approved labor no longer valid and also u can not port ur PD.
If you I-140 approved (then I dont think u will do H1 transfer), still same process above but I think u can port your PD.
But like other members suggested, please consult attorney.
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cbpds
12-09 01:25 PM
Well its just wasting GC numbers as this person is leaving US anyways, why GC???
I have seen many people leave US after once they get their GC, how stupid is that?
i have not come across any success stories of USCIS to CP move.
Also, i am not sure if the company must keep an empty chair for you..till you complete the CP process.
I was told that as long as the firm can give a letter stating that the job will be offered once you get ur GC..that should be good enough.
you are venturing into the unknown jungles....;-) ..best of luck
I have seen many people leave US after once they get their GC, how stupid is that?
i have not come across any success stories of USCIS to CP move.
Also, i am not sure if the company must keep an empty chair for you..till you complete the CP process.
I was told that as long as the firm can give a letter stating that the job will be offered once you get ur GC..that should be good enough.
you are venturing into the unknown jungles....;-) ..best of luck
dpp
08-18 12:09 PM
that was expected. 300K * 1.7(average family size according to USCIS) = Approx. 500K
They clearly said estimated 300K received. This 300K estimate includes all I-485 petitions, do not confuse and speculate incorrect info.
They clearly said estimated 300K received. This 300K estimate includes all I-485 petitions, do not confuse and speculate incorrect info.
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naveenk
07-22 08:34 PM
hi all,
I am EB3 with PD April 06/ I-140 Approved / Applied I-485 and My Employer is shifting the offcice from One state to other state. Does it have any affect on my 485 petition..?? Please respond back with some information
Regards,
Naveen
I am EB3 with PD April 06/ I-140 Approved / Applied I-485 and My Employer is shifting the offcice from One state to other state. Does it have any affect on my 485 petition..?? Please respond back with some information
Regards,
Naveen
more...
yestogc
05-31 05:05 PM
Will Obama fool his foot steps ?
Ann Ruben
07-22 12:57 PM
You are getting mixed info because, USCIS has failed to provide guidance specific to the issue of the continued validity of an approved, but withdrawn/revoked I-140 for purposes of the three year H-1 extension. However, USCIS guidance on related issues strongly supports your eligibility for at least a one year, and probably a three year H extension. (Nevertheless, to be safe, you should also apply to renew your EAD if it has expired.)
If your employer had not withdraw the I-140, it is clear from USCIS memos and guidance that you would be entitled to an extension beyond six years to work for another employer:
"Question 7. Should service centers or district offices deny a request for an H-1B extension
beyond the 6-year limit where the labor certification or immigrant petition from an
employer who is not the H-1B petitioner was filed for the beneficiary more than 365 days
ago?
Answer: No. The statute does not require that the labor certification or immigrant petition must be
from the same employer requesting the H-1B extension."
Michael Aytes
December 27, 2005
HQPRD 70/6.2.8-P
USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c)
Extrapolating from these two statements, and in the absence of any contray written policy, your petition for extension of H status should be approved. Given your experience (congratulations on obtaining the MTR approval!), you probably understand that USCIS decisions can be unpredictable---this is especially true where, as here, no specific written policy exists.
Both the I-140 approval notice and your I-485 rec't notice should be submitted with the petition for the H extension. Whether you are more likely to trigger an RFE by also submitting the decision granting the MTR, as opposed to not mentioning the MTR is a judgment call. I would probably chose to include the MTR decision as long as it does not contain any incorrect or problematic statements.
Hope this is helpful.
If your employer had not withdraw the I-140, it is clear from USCIS memos and guidance that you would be entitled to an extension beyond six years to work for another employer:
"Question 7. Should service centers or district offices deny a request for an H-1B extension
beyond the 6-year limit where the labor certification or immigrant petition from an
employer who is not the H-1B petitioner was filed for the beneficiary more than 365 days
ago?
Answer: No. The statute does not require that the labor certification or immigrant petition must be
from the same employer requesting the H-1B extension."
Michael Aytes
December 27, 2005
HQPRD 70/6.2.8-P
USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c)
Extrapolating from these two statements, and in the absence of any contray written policy, your petition for extension of H status should be approved. Given your experience (congratulations on obtaining the MTR approval!), you probably understand that USCIS decisions can be unpredictable---this is especially true where, as here, no specific written policy exists.
Both the I-140 approval notice and your I-485 rec't notice should be submitted with the petition for the H extension. Whether you are more likely to trigger an RFE by also submitting the decision granting the MTR, as opposed to not mentioning the MTR is a judgment call. I would probably chose to include the MTR decision as long as it does not contain any incorrect or problematic statements.
Hope this is helpful.
more...
lvinaykumar
09-07 08:29 PM
Well me almost in the same boat, have not applied EB2 140 yet, not sure what the process is
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WeldonSprings
05-18 06:51 PM
This lawsuit is about the 140000 visas been given out each year and in years 2008 and 2009.
There have been many people who received GCs in 2008 and 2009 in EB2 without regard to Priority number. Check Visa Bulletins from August 2008 and September 2008. People from 2006 were given GCs over 2004 and there was total chaos.
This lawsuit is to bring justice to the last three years of absolute anarchy.
This lawsuit is to bring in line how this 140000 number is distributed. How does processing of I-485s take place in USCIS.
I think Indian EB3 will join shortly.
Guys,
This is a very positive development. Chinese are suing based on EB3 China visas used in 2008 & 2009 which were 2058 and 1077 respectively. Which are far less than 2500 that the law actually allows without spillover. This is awesome. Go Chinese friends!
Pappu sir,
Do we (EB3I) know the number of applicants who were approved green card from EB3 I in the last three years? I suspect that the same would have happened here too. We need to also follow (Law) suit.
There have been many people who received GCs in 2008 and 2009 in EB2 without regard to Priority number. Check Visa Bulletins from August 2008 and September 2008. People from 2006 were given GCs over 2004 and there was total chaos.
This lawsuit is to bring justice to the last three years of absolute anarchy.
This lawsuit is to bring in line how this 140000 number is distributed. How does processing of I-485s take place in USCIS.
I think Indian EB3 will join shortly.
Guys,
This is a very positive development. Chinese are suing based on EB3 China visas used in 2008 & 2009 which were 2058 and 1077 respectively. Which are far less than 2500 that the law actually allows without spillover. This is awesome. Go Chinese friends!
Pappu sir,
Do we (EB3I) know the number of applicants who were approved green card from EB3 I in the last three years? I suspect that the same would have happened here too. We need to also follow (Law) suit.
more...
sonyyy
06-07 04:12 PM
It's not going anywhere. And I don't think it will go anywhere. They have never mentioned it being discussed or voted.
Does anyone know what is going on with Sen Cantwell's amendment (1249) that was favorable to high skilled immigration?
Does anyone know what is going on with Sen Cantwell's amendment (1249) that was favorable to high skilled immigration?
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hrushi_j
04-05 10:43 AM
Has anyone on a EAD or H1 taken a FHA house loan?
FHA Loan Refinance and FHA Home Loans | Mortgages (http://www.fha.com/)
Let FHA Loans Help You - HUD (http://www.hud.gov/buying/loans.cfm)
Would be interested in hearing your experiences.
- JK
I closed on March 23 on an FHA loan with Bank of america. No questions asked on status at all.
FHA Loan Refinance and FHA Home Loans | Mortgages (http://www.fha.com/)
Let FHA Loans Help You - HUD (http://www.hud.gov/buying/loans.cfm)
Would be interested in hearing your experiences.
- JK
I closed on March 23 on an FHA loan with Bank of america. No questions asked on status at all.
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p_aluri
11-09 03:13 PM
Your Employer is wrong. USCIS won't send I-94 in separate mail.
As per my knowledge, One should not start working unless there is I-94 attached to I-797 Approval Notice.
Your wife need to go out of the US and get it stamped before start working.
At POE, the Immigration Officer will issue the new I-94 with valid H1-B Status.
Again I am not an attorney...
Please talk to attorney for further clarifications.
All The Best.........
Hi All
My wife received her H1 document approval notice yesterday, but her approval notice does not contain I 94.
Employer says they will receive I 94 document seperately and they will mail it.
My question is, Is Employer saying TRUTH
Usually I94 is part of H1 Approval notice, ie bottom part, Do USCIS send out both these documents seperately.
If my wife does not get her I 94 what are her Options
your Response is truly appreciated
As per my knowledge, One should not start working unless there is I-94 attached to I-797 Approval Notice.
Your wife need to go out of the US and get it stamped before start working.
At POE, the Immigration Officer will issue the new I-94 with valid H1-B Status.
Again I am not an attorney...
Please talk to attorney for further clarifications.
All The Best.........
Hi All
My wife received her H1 document approval notice yesterday, but her approval notice does not contain I 94.
Employer says they will receive I 94 document seperately and they will mail it.
My question is, Is Employer saying TRUTH
Usually I94 is part of H1 Approval notice, ie bottom part, Do USCIS send out both these documents seperately.
If my wife does not get her I 94 what are her Options
your Response is truly appreciated
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sbabunle
07-18 07:25 PM
Here is my plan. Make as much dollars as I could. Stay as long as I could. Probably stay illegal for some years. ( So that I dont need to pay taxes too )Buy some land in Kerala( My home state) Plan rubber and pepper and ginger. And forget programming. All IV members are welcome to my ranch..:D :D :D
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vikaschowdhry
06-06 07:36 AM
seahawks you said:
A passport must me valid at least 6 months is my understanding when I got my H1 renewed.
Could you please provide me a link to an official website that can confirm this?
A passport must me valid at least 6 months is my understanding when I got my H1 renewed.
Could you please provide me a link to an official website that can confirm this?
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desi3933
07-18 03:31 PM
1. Can we use AC21 provision without EAD card ?
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?
1. Yes.
2. Yes
3. Yes
__________________
Not a legal advice.
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?
1. Yes.
2. Yes
3. Yes
__________________
Not a legal advice.
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mita
11-14 03:15 PM
I applied online for EAD on 10/23, no finger priting notice yet was asked to wait 30 days to enquire about it. All materials sent to NSC as mentioned, my I-485 is pending at TSC. Did anyone go through the same delay?
that is how ineffecient they are, best thing you can do is, site that your h1 will expire and u dont have plans of h1 renewal and u planning to use EAD, i dont know what else could be more extreme than not having an EAD when you want to use it :)
that is how ineffecient they are, best thing you can do is, site that your h1 will expire and u dont have plans of h1 renewal and u planning to use EAD, i dont know what else could be more extreme than not having an EAD when you want to use it :)
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nav_kri
06-15 08:48 PM
EVL = Employment Verification Letter
Usually the employer provides a letter on their letter head that the person is currently employed with them as XYZ. I usually get one before traveling outside US so that I can show it to IO in case they ask for it as proof of continued employment.
Usually the employer provides a letter on their letter head that the person is currently employed with them as XYZ. I usually get one before traveling outside US so that I can show it to IO in case they ask for it as proof of continued employment.
more...
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pr02
06-19 06:24 PM
From what I remember about my talk with the INS doctor: A child is administered the Tetanus shot three times in the first year or year and half after birth. There after, the shot needs to be taken every 10 years. What the doc is referring to could be based on his assumption that you have never had a shot earlier. Our doc said the same thing to my wife (I had immunization records that showed I had shots early in life). However, he also mentioned that the INS almost never follows up, and the remaining shots are "advised" not "enforced".
Hope that helps.
Hope that helps.
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krishna
06-02 07:52 AM
The indian consulate in NY states that one can apply for a renewal a year before his/her passport expires. Check out this link.
Here is the statement
Application for a new passport has to be made when applicant's old passport has completed 10 years (Final or F). The Application for a new passport can be made also up to one year before the expiry of the Passport.
Here is the link
http://www.indiacgny.org/php/showContent.php?linkid=29
Here is the statement
Application for a new passport has to be made when applicant's old passport has completed 10 years (Final or F). The Application for a new passport can be made also up to one year before the expiry of the Passport.
Here is the link
http://www.indiacgny.org/php/showContent.php?linkid=29
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bsnf
02-06 07:19 PM
My wife Volunteered at a day care, a school and the school that she is currently working before the school sponcered her H1 and hired her as a regular employee. We checked with the School HR ( Lawyer ) and our Lawyer before she worked as a volunteer at the school that she is currently working and neither objected.
There were no documents involved in the volunter work, I don't see how this could cause any issue.
Volunteer work done
Day Care --> 8 months
School --> 6 months
Current school --> 3 months
There were no documents involved in the volunter work, I don't see how this could cause any issue.
Volunteer work done
Day Care --> 8 months
School --> 6 months
Current school --> 3 months
seahawks
07-26 11:32 PM
For the experts on this board, my H1 expires on 9/30/07. Should I wait till after Aug. 17 to qualify for a 3-year extension?
jazz
if you qualified and filed for 485 depending on your PD, you most probably will get only 1 year extension. I just filed mine May 29th for 3 years and filed my 485 June 8th but when approved I got my H1 extension approved only for 1 year. I may be wrong, just referencing what my lawyer said..
jazz
if you qualified and filed for 485 depending on your PD, you most probably will get only 1 year extension. I just filed mine May 29th for 3 years and filed my 485 June 8th but when approved I got my H1 extension approved only for 1 year. I may be wrong, just referencing what my lawyer said..
stemcell
07-01 04:07 PM
1.As someone suggested trying for fellowship will skip all the steps to practice OBGYN unrestricted.Again these are very limited spots and usually one needs the right contacts for this IMO.
2.Go the usual route...Pass USMLE Ste1, 2, CS and 3 (4 exams) and then you are ECFMG certified.Once ECFMG certified you can apply for the match (you can apply for the match with one step passed too but chances are you extremely low for an interview call).
The residency match happens once every year...many sources online...just google 'the residency match' and the process is self explanatory with lots of forums on websites like usmleworld.com, kaplan.com,scutwork.com,findaresident.com etc etc
3.My 2 cents most folks in her situation will find OBGYN residency just too much to handle (imagine > 80 hrs/ week for 4 yrs ) after slogging for the exams :rolleyes:
I would also recommend her to look into Physician Assistants programs.She will get a credit considering that she is a physician and she can finish it in 1-1.5 yrs. Work and Lifestyle is good and the money is good too :D.
2.Go the usual route...Pass USMLE Ste1, 2, CS and 3 (4 exams) and then you are ECFMG certified.Once ECFMG certified you can apply for the match (you can apply for the match with one step passed too but chances are you extremely low for an interview call).
The residency match happens once every year...many sources online...just google 'the residency match' and the process is self explanatory with lots of forums on websites like usmleworld.com, kaplan.com,scutwork.com,findaresident.com etc etc
3.My 2 cents most folks in her situation will find OBGYN residency just too much to handle (imagine > 80 hrs/ week for 4 yrs ) after slogging for the exams :rolleyes:
I would also recommend her to look into Physician Assistants programs.She will get a credit considering that she is a physician and she can finish it in 1-1.5 yrs. Work and Lifestyle is good and the money is good too :D.
