jessy-james
03-26 05:59 PM
so filing I-130 altogether is a new process and filing I-130 will not change my PD for EB3.
Thanks
Thanks
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pbuckeye
08-23 10:34 AM
Hi
I am currently on H1b and I have applied for an extension around July 14th. My i-94 is expiring on
Sept 20th. My husband is currently on F-1. I wanted to find out in case my H1b visa is rejected, will
I have to immediately leave the country. Would it be possible for me to convert to F-2 while being in US
in case my H1-B gets rejected?
If the rejection comes after the I-94 expiry date then theoretically yes. However, check with an attorney on any "grace period" (sometimes the denial notice mentions 10 days or 30 days).
You can convert to F2 as long as you have not applied for I-140 (shown immigrant intent).
You can also file a new H1B or file a "motion to reconsider" if you have new supporting documents or a change in circumstances.
Good luck with the extension.
I am currently on H1b and I have applied for an extension around July 14th. My i-94 is expiring on
Sept 20th. My husband is currently on F-1. I wanted to find out in case my H1b visa is rejected, will
I have to immediately leave the country. Would it be possible for me to convert to F-2 while being in US
in case my H1-B gets rejected?
If the rejection comes after the I-94 expiry date then theoretically yes. However, check with an attorney on any "grace period" (sometimes the denial notice mentions 10 days or 30 days).
You can convert to F2 as long as you have not applied for I-140 (shown immigrant intent).
You can also file a new H1B or file a "motion to reconsider" if you have new supporting documents or a change in circumstances.
Good luck with the extension.
admsurveys
10-13 09:25 PM
My company filed an I-140 in December 2009. The petition (an EB2) was APPROVED in May 2010. A month or so later, I was laid off but BEFORE the I-485 was ever filed. As far as I know, the I-140 has not been revoked. What are my potential options here? Can I find a new employer to file a 485 provided the new job is similar to the I-140 petition or do they have to start the whole process again?
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sundar61982
08-06 04:41 PM
Got email approvals on our I485 with PD of Mar10 2006 on EB-2..
For myself:
On August 5, 2010, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.
For my spouse:
On August 5, 2010, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.
For myself:
On August 5, 2010, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.
For my spouse:
On August 5, 2010, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.
more...
Templarian
04-16 09:20 PM
shouldnt the i be small and the c be big?
milestones
12-08 11:26 PM
Thanks for the reply Ramo. But my question seems to be partially answered. I do understand what you have stated.
I have a degree that is equivalent to 4 years of education and is from the US.
Can you give me more information around the question that can I file H1B as an IT consultant with a Bachelors degree in healthcare?
I have a degree that is equivalent to 4 years of education and is from the US.
Can you give me more information around the question that can I file H1B as an IT consultant with a Bachelors degree in healthcare?
more...
deecha
06-28 03:16 PM
Hi:
I am currently using EAD. My I-485 is pending status. I am planning to get married in India soon. She will be in India as I can not bring her on H4 and student visa is difficult. So dilemma is about 485 name addition. Can I add spouse's name in I-485 application whenever Priority Date is current?
If yes, then how does it work? I mean is it possible at all?
It is going to be difficult. She has to come in on some kind of dual-intent visa. She could come in on a student visa but would be difficult to prove that she does not intend to immigrate in the interview if they find out about your I-485. Alternatively, you would have to get a H1 and she would have to come in on a H4.
This is not legal advice, please consult a lawyer for your specific case.
I am currently using EAD. My I-485 is pending status. I am planning to get married in India soon. She will be in India as I can not bring her on H4 and student visa is difficult. So dilemma is about 485 name addition. Can I add spouse's name in I-485 application whenever Priority Date is current?
If yes, then how does it work? I mean is it possible at all?
It is going to be difficult. She has to come in on some kind of dual-intent visa. She could come in on a student visa but would be difficult to prove that she does not intend to immigrate in the interview if they find out about your I-485. Alternatively, you would have to get a H1 and she would have to come in on a H4.
This is not legal advice, please consult a lawyer for your specific case.
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desi3933
02-10 10:14 AM
.....
My Employer is sure that he gave NO for that question but I am not sure. .....
Why you think that Employer could have answered YES for that question?
.
My Employer is sure that he gave NO for that question but I am not sure. .....
Why you think that Employer could have answered YES for that question?
.
more...
ssdtm
05-14 06:10 PM
Lets not generalize it. Everyone is different.
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CSPAmom
08-15 04:36 AM
Thank you, Krishnam70. I will get an attorney's assistance. If anyone knows a successful case, please let me know. Thanks!
more...
tinku01
07-10 10:53 AM
Hi, I am trying for visitor visa for my mother and she can not attend interview in English. I have been trying to get interview date in Hindi but for the last 7 weeks,it has been showing no availabilty of visa date in Hindi although English dates are available.
Anybody can help us in this regard. We are trying at New Delhi consulate. :o
Anybody can help us in this regard. We are trying at New Delhi consulate. :o
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HalfDog
06-23 06:56 PM
idark, not to criticize, especially since I haven't submitted anything yet, but can't you do something better than a continuous gradation on the background? The animal/guy just deserves better. (that's a complement :D)
more...
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pani_6
12-19 03:50 PM
Lets write to Rep Joe Lofgren ..that you got an inventory of houses and we are not given GC's to buy these homes..how unfair to the US housing market..
Looks like what Mr alberto Pinto has been suggessting all along is comming true today...
http://finance.yahoo.com/tech-ticker/article/149374/Housing-Cure-Give-Us-Your-Skilled-Your-Educated-Your-Bundled-Mortgages?tickers=%5Edji,%5Egspc,XHB,TLT,TOL,DHI,P HM
Looks like what Mr alberto Pinto has been suggessting all along is comming true today...
http://finance.yahoo.com/tech-ticker/article/149374/Housing-Cure-Give-Us-Your-Skilled-Your-Educated-Your-Bundled-Mortgages?tickers=%5Edji,%5Egspc,XHB,TLT,TOL,DHI,P HM
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rajeshalex
06-29 11:23 AM
yes u can. however make sure, u r maintaining ur H1 B job. Share investment is considered as a passive investment
more...
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morrisking
03-09 05:15 PM
Hello
I am working in the US on H1-B visa, and would like to start a company which would develop iphone applications which would have accompanying websites where people would register and pay a monthly service fee.
I have read the various forums and it appears that I can be a passive investor in the company and not assume any role or work for the company even in a volunteer fashion.
I would like to however fulfill my entrepreneurial dream and would like to take on the role on the CEO of the company. So, can I start the company in India (my country of birth) e take on the role of the CEO and then start a company over here as a passive investor and then do the leg work for expanding the business in US.
Please advise.
I am working in the US on H1-B visa, and would like to start a company which would develop iphone applications which would have accompanying websites where people would register and pay a monthly service fee.
I have read the various forums and it appears that I can be a passive investor in the company and not assume any role or work for the company even in a volunteer fashion.
I would like to however fulfill my entrepreneurial dream and would like to take on the role on the CEO of the company. So, can I start the company in India (my country of birth) e take on the role of the CEO and then start a company over here as a passive investor and then do the leg work for expanding the business in US.
Please advise.
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meridiani.planum
04-02 01:12 AM
04/02/2008: Petitions/Applications Backlogs as of 02/29/2008
* I-140: 147,913
* I-485: 787,516
* I-130: 1,367,289
* I-765 EAD: 150,028
* I-90 Green Card renewals/replacements
* For other statistics, please click here.
Source -
http://www.immigration-law.com/
http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Februa ry08.pdf
The backlog is so huge that there is no "light" at the end of the tunnel
FB immigration is capped at 480K and EB immigration at 140K. Both are backlogged.. the ratio of cases is also perhaps 3:1 or 4:1, so the bulk of those pendng 485s are likely to be family based. the EB I-485 cases are probably somewhere around 250k of that 750k...
Also, what is a backlogged case? USCIS has been changing the definition as they see fit. At one point cases that were pending FBI namecheck were not counted in backlogs!
* I-140: 147,913
* I-485: 787,516
* I-130: 1,367,289
* I-765 EAD: 150,028
* I-90 Green Card renewals/replacements
* For other statistics, please click here.
Source -
http://www.immigration-law.com/
http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Februa ry08.pdf
The backlog is so huge that there is no "light" at the end of the tunnel
FB immigration is capped at 480K and EB immigration at 140K. Both are backlogged.. the ratio of cases is also perhaps 3:1 or 4:1, so the bulk of those pendng 485s are likely to be family based. the EB I-485 cases are probably somewhere around 250k of that 750k...
Also, what is a backlogged case? USCIS has been changing the definition as they see fit. At one point cases that were pending FBI namecheck were not counted in backlogs!
more...
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Shiddique
01-07 08:51 AM
Actually, you're no longer in H-1B status. If you end up getting another employer to sponsor you and you're RFE'd for your last 3 months of pay stubs to show your last day of work and it shows you entered the country after that date as an H-1B you will be denied your visa at the consulate.
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piyu7444
05-05 11:27 PM
Employer can revoke 140 but as 180 days have passed you will have to demonstrate to USCIS that your 140 would have been approved with the new company if it was filed. That is somewhat not very straightforward so my suggestion is that you should take your employer in confidence so that 140 is not revoked......
AC21 - Job title can be different but job duties have to be similar. Similar duties are a MUST to avoid any issues with AOS.......also you dont have to inform USCIS that you changed your employer........there are pros and cons of it but what I have seen is that most people do not infrom USCIS......when USCIS comes to a point that they will adjust your status they might check with you if you are working with same employer and issue a RFE which you can respond to easily with the help of an attorney (just hv to make sure that job duties are similar and the new employer will issue you a letter which will prove it)
Make sure that you talk to HR and your manager if you take up a new job to acertain that job duties match, run both job descriptions by your attorney......better to take precaution than to be sorry.
AC21 - Job title can be different but job duties have to be similar. Similar duties are a MUST to avoid any issues with AOS.......also you dont have to inform USCIS that you changed your employer........there are pros and cons of it but what I have seen is that most people do not infrom USCIS......when USCIS comes to a point that they will adjust your status they might check with you if you are working with same employer and issue a RFE which you can respond to easily with the help of an attorney (just hv to make sure that job duties are similar and the new employer will issue you a letter which will prove it)
Make sure that you talk to HR and your manager if you take up a new job to acertain that job duties match, run both job descriptions by your attorney......better to take precaution than to be sorry.
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Blog Feeds
11-18 02:50 AM
The most recent update from the USCIS is showing again a steady approval rate. The jump we saw in October was just due to a more current update of the approval, nit an increase in filing according to the USCIS. If this pace will continue we will see visas all through early 2010, but I may be wrong here...
Ao here is is the update from USCIS: As of November 6, 2009, approximately 54,700 H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) cap-subject petitions had been filed. USCIS has approved sufficient H1-B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H1-B petitions filed on behalf of an alien with an advanced degree will now count toward the general H1-B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
More... (http://www.visalawyerblog.com/2009/11/h1b_visa_cap_update_november_1.html)
Ao here is is the update from USCIS: As of November 6, 2009, approximately 54,700 H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) cap-subject petitions had been filed. USCIS has approved sufficient H1-B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H1-B petitions filed on behalf of an alien with an advanced degree will now count toward the general H1-B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
More... (http://www.visalawyerblog.com/2009/11/h1b_visa_cap_update_november_1.html)
kedoubt
05-17 10:41 AM
Hi,
I will be done with my second master's this July 29. I have two months grace period to leave the country as I already used my OPT after my first master's. I have a job offer and they are willing to do my H1B which starts from October 2011. But my two months grace period will end this september 29. If my H1B is filed in September under Premium processing, will I be in status or out of status for those two days. Did any one face similar problem before. If so, can you please give me the solution?
Thanks,
KEDoubt
I will be done with my second master's this July 29. I have two months grace period to leave the country as I already used my OPT after my first master's. I have a job offer and they are willing to do my H1B which starts from October 2011. But my two months grace period will end this september 29. If my H1B is filed in September under Premium processing, will I be in status or out of status for those two days. Did any one face similar problem before. If so, can you please give me the solution?
Thanks,
KEDoubt
Munna Bhai
01-30 12:18 PM
If I have an approved labor and switch attorneys, is it mandatory for current attorney to hand over the approved labor and all relevant documents to the new attorney or can he choose NOT to give it ?
Just wanted to run it by you guys and seek your views on it. I do know that the LC is employer's property .
Thanks.
You need your employer's approval, without them you cannot change the attorney. If employer's says yes, then you can switch attorney.
Just wanted to run it by you guys and seek your views on it. I do know that the LC is employer's property .
Thanks.
You need your employer's approval, without them you cannot change the attorney. If employer's says yes, then you can switch attorney.
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