Leo07
10-15 03:54 PM
Yes, PD & labor is same. Don't need to apply labor again. Just the I-140 since it's a company take-over.
I filed the H1-B extension through Regular, just want to see if 140 is worth filing premium?
I filed the H1-B extension through Regular, just want to see if 140 is worth filing premium?
nirupama.reddy90
01-15 10:54 PM
Hi,
I got laid off in dec-08, my H1B visa got extended till 2011, but stamp in passport was expired sept-30th. I got my W2 good for last year and have got pay stubs till dec month. Now i am in need of visiting India, I have to get my stamp renewed in India.
As I am on job at present, I can not produce any client letter at consulate in case if they ask.
Will there be any issues which I may come across, please help me if you have any experiences.
thanks in advance.
Niru
I got laid off in dec-08, my H1B visa got extended till 2011, but stamp in passport was expired sept-30th. I got my W2 good for last year and have got pay stubs till dec month. Now i am in need of visiting India, I have to get my stamp renewed in India.
As I am on job at present, I can not produce any client letter at consulate in case if they ask.
Will there be any issues which I may come across, please help me if you have any experiences.
thanks in advance.
Niru
forever
07-23 04:08 PM
There was no mention of travellers going out of the country without receipt notice.
Aah_GC
12-13 12:11 PM
Guys, you don't have make fun of this person. If you don't like it let it go.
Those weren't exactly stomach aching puns either.
Those weren't exactly stomach aching puns either.
more...
mammoy2k
09-21 07:11 PM
Look at the reason why I-140 can be denied:
a) Ability to pay
b) Your education
c) Your past experience, if shown
Now out of this, only ability to pay is, where you would need comaniy's help. Rest two, you have all the documents. If the company is a big one, then I dont think they would refuse you documents. I would be surprized that they issue RFE for ability to pay for a public company.
I do not know anyone who switched before I-140 approval but given Yates memo I dont think its difficult.
In my case, I work for a big public company. My education is from the US. My attorney ensured that we only claim the experience for which I have experience letter. The game I think is to minimize the risk.
You both are right!
Employer can revoke an unapproved 140 any time, but the revocation does not affect your 485 approval. The IO will approve your 485 in due course if 140 was approvable at the time of application (ie, if it has'nt been revoked).
However the trouble with invoking AC21 without 140 being approved is when there is an RFC. This 140 was not approvable at the time of application, because of additional documentation requirement... The original employer should be willing to answer it or else 140 will be denied and so will the 485.
a) Ability to pay
b) Your education
c) Your past experience, if shown
Now out of this, only ability to pay is, where you would need comaniy's help. Rest two, you have all the documents. If the company is a big one, then I dont think they would refuse you documents. I would be surprized that they issue RFE for ability to pay for a public company.
I do not know anyone who switched before I-140 approval but given Yates memo I dont think its difficult.
In my case, I work for a big public company. My education is from the US. My attorney ensured that we only claim the experience for which I have experience letter. The game I think is to minimize the risk.
You both are right!
Employer can revoke an unapproved 140 any time, but the revocation does not affect your 485 approval. The IO will approve your 485 in due course if 140 was approvable at the time of application (ie, if it has'nt been revoked).
However the trouble with invoking AC21 without 140 being approved is when there is an RFC. This 140 was not approvable at the time of application, because of additional documentation requirement... The original employer should be willing to answer it or else 140 will be denied and so will the 485.
babydiams
04-18 06:09 AM
Hello,
I have been living in the USA for the last 5 years going to school with a F1 Visa. I have a Bachelor Degree in Art and a Master Degree in Business. I am currently living in New York City. I plan to work as a Real Estate agent through my OPT. Can I qualify for a green card?
in which class real estate agent falls into, EB1, EB2, EB3 or EB4???
Thank You for your time.
I have been living in the USA for the last 5 years going to school with a F1 Visa. I have a Bachelor Degree in Art and a Master Degree in Business. I am currently living in New York City. I plan to work as a Real Estate agent through my OPT. Can I qualify for a green card?
in which class real estate agent falls into, EB1, EB2, EB3 or EB4???
Thank You for your time.
more...
freeskier89
01-14 12:35 AM
I'm impressed! :) Very nice work!!
suny_saini
07-23 01:40 AM
FROMNAIJA
Thanks alot for the information.
Thanks alot for the information.
more...
Narend
10-27 09:17 AM
Hello,
Couple of things here.
You did not tell that even when she got her H1, does she still have valid H4?
I dont think she got her h1 stamped on her visa. So technically it is not a problem if she has not been working and has no pay stubs.
She could go for stamping h4 if you people want, and YES that seems to be the best thing cause you want to keep you h1 valid.
Remember, Either you are her use the EAD, your h1 status might not hold good anymore. Likewise with the AP I suppose. Getting the point?
Cheers,
Couple of things here.
You did not tell that even when she got her H1, does she still have valid H4?
I dont think she got her h1 stamped on her visa. So technically it is not a problem if she has not been working and has no pay stubs.
She could go for stamping h4 if you people want, and YES that seems to be the best thing cause you want to keep you h1 valid.
Remember, Either you are her use the EAD, your h1 status might not hold good anymore. Likewise with the AP I suppose. Getting the point?
Cheers,
TeddyKoochu
12-28 12:21 PM
Does the I-9 need to be refreshed each year?
I have a copy of my Jan 2009 I-94 which is not the most recent one - I believe that was the one that was sent to my employer's lawyers. In Jan 2010, I did get an original I-94 (the one I lost) but did not use it to apply for I-9 (atleast to the best of my knowledge).
Thanks for being so responsive and helping me out. The other thing is the time constraint that I have to take off on Dec 29th (tomorrow). What also worries me is that if I approach the Immigration/customs folks at the nearby airport, won't they basically ask me to fill an I-102 and wait for 3-6 months before I can travel? I don't want to do that since I need to travel now due to family issues.
I don't know how often the I9 has to be refreshed but it maybe 6 months to a year when I came back last time my employer asked for the I94 for I9 filing so they may most likely have your I94#. The I94 is the one that determines our legal status. The I102 process is long and not worth it, try talking to the local customs and immigration folks I know it may sound scary but most likely if they cannot issue you a replacement one they won't prevent you from travelling. As long as they are able to create a departure record for you for the 29th that should be ok, normally that is what happens with the I94, the airline staff submits it to these folks who would scan and enter in the system. To make things easy the best way is if you can get the I94# in anyway or you can just choose to travel nothing should stop you, but its always good to be honest and report things to the concerned agencies. All the best and good luck.
I have a copy of my Jan 2009 I-94 which is not the most recent one - I believe that was the one that was sent to my employer's lawyers. In Jan 2010, I did get an original I-94 (the one I lost) but did not use it to apply for I-9 (atleast to the best of my knowledge).
Thanks for being so responsive and helping me out. The other thing is the time constraint that I have to take off on Dec 29th (tomorrow). What also worries me is that if I approach the Immigration/customs folks at the nearby airport, won't they basically ask me to fill an I-102 and wait for 3-6 months before I can travel? I don't want to do that since I need to travel now due to family issues.
I don't know how often the I9 has to be refreshed but it maybe 6 months to a year when I came back last time my employer asked for the I94 for I9 filing so they may most likely have your I94#. The I94 is the one that determines our legal status. The I102 process is long and not worth it, try talking to the local customs and immigration folks I know it may sound scary but most likely if they cannot issue you a replacement one they won't prevent you from travelling. As long as they are able to create a departure record for you for the 29th that should be ok, normally that is what happens with the I94, the airline staff submits it to these folks who would scan and enter in the system. To make things easy the best way is if you can get the I94# in anyway or you can just choose to travel nothing should stop you, but its always good to be honest and report things to the concerned agencies. All the best and good luck.
more...
upuaut
08-16 05:30 AM
hmm.. thought I was just discribing that. ;) Guess I didn't discribe what I was talking about in enough detail.
the dial was produced using that method.
Personaly I've never lost any quality doing that.. but then again, I sometimes have smoothing turned off and sometimes on. I think that relates to how imported images look in the final production.
the dial was produced using that method.
Personaly I've never lost any quality doing that.. but then again, I sometimes have smoothing turned off and sometimes on. I think that relates to how imported images look in the final production.
seahawks
10-27 11:40 AM
Please make sure all WA state members attend this meeting. This is our first meeting. We want to meet all of the members so that we can better connect and share information that cannot be posted on public forums. We also want members to work together to build a strong local state chapter. We have lots of exciting tasks that we all need to take up, your participation is critical for meeting IV goals. Please act, join and meet with us!
more...
gbof
06-03 06:09 PM
Hi All,
My company applied 485 and h1b. I am in AOS status and having EAD. My company laid off me on March and they are not revoke my h1b and 140(they may hire me back once get new job). Mean time shall i work hourly job and get around $1200 per month with same job description with using my EAD(new company will run payroll and W2). Also i am keep looking permanent full time job with my higher salary.
For the hourly job they asking to fill I-9(employment eligibility verification will inform USCIS). On that form asking my A# with EAD expiration date.
Is there a chance USCIS will know my hourly job?. My concern - this hourly job will create a problem for my GC process (chance to get REF) because rate is low
Please give me your valuable suggestion
Thanks
Sorry for your situition and I wish you good luck in finding job. It is hard to survice and maintain legal status in current economy. Are you really without job since mar09 ?. My understanding on this is : for the primary-AOS big salary cut or raise can become a issue later.
Guys, please, throw some light if there is any time limit for primary-AOS to get a job to stay in status?
My company applied 485 and h1b. I am in AOS status and having EAD. My company laid off me on March and they are not revoke my h1b and 140(they may hire me back once get new job). Mean time shall i work hourly job and get around $1200 per month with same job description with using my EAD(new company will run payroll and W2). Also i am keep looking permanent full time job with my higher salary.
For the hourly job they asking to fill I-9(employment eligibility verification will inform USCIS). On that form asking my A# with EAD expiration date.
Is there a chance USCIS will know my hourly job?. My concern - this hourly job will create a problem for my GC process (chance to get REF) because rate is low
Please give me your valuable suggestion
Thanks
Sorry for your situition and I wish you good luck in finding job. It is hard to survice and maintain legal status in current economy. Are you really without job since mar09 ?. My understanding on this is : for the primary-AOS big salary cut or raise can become a issue later.
Guys, please, throw some light if there is any time limit for primary-AOS to get a job to stay in status?
pitha
02-15 01:47 PM
I am not sure if that is true anymore. Recently US has announced that even US citizens returning from CANADA need to have there passport with them for entering into US. Earlier all they needed was a drivers license. When the US is tightening entry requirements for US citizens I am not sure automatic visa revalidation is still possible. Better follow up on it before going to Canada.
What you are talking about is an automatic visa revalidation. You can re-enter the US from Canada on an expired visa if you have a valid I-94 and h1 extension. However, if you visa stamping is denied for any reason while being in Canada, you will NOT be able to re-enter anymore. Usually, the consular officer takes away your I94 or makes a note that a visa was not issued. At that point, you need a valid, unexpired visa to re-enter the US, or you have to go to your home country for visa stamping.
G
What you are talking about is an automatic visa revalidation. You can re-enter the US from Canada on an expired visa if you have a valid I-94 and h1 extension. However, if you visa stamping is denied for any reason while being in Canada, you will NOT be able to re-enter anymore. Usually, the consular officer takes away your I94 or makes a note that a visa was not issued. At that point, you need a valid, unexpired visa to re-enter the US, or you have to go to your home country for visa stamping.
G
more...
andycool
07-15 05:24 PM
hello ,
I filed a address change on line , 10 days back no LUD on any of my forms
EAD, 131 and I 485 , i know that USCIS should send a mail conforming the
same How long will it take to get this mail
thanks
I filed a address change on line , 10 days back no LUD on any of my forms
EAD, 131 and I 485 , i know that USCIS should send a mail conforming the
same How long will it take to get this mail
thanks
telekinesis
11-18 03:41 PM
At least we know one of mdipi's lacking personal traits include good sportsmanship! :-\
This battle is over, lostinbeta is the obvious winner, thread will be closed later tonight!
This battle is over, lostinbeta is the obvious winner, thread will be closed later tonight!
more...
gemini23
11-19 09:57 AM
Thanks for above posters.
As per the above post the I-797 has to be current for EAD renewal. I am not sure how this can be possible if i chose to use my EAD and discard my H1 status. In that case, not only my h1 stamp will be in expired status, and also I will not have a CURRENT I-797.
In that case, should i just send my copy of expired visa stamp and expired I-797 approval copy for EAD renewal? This is for my EAD, not my spouse's ead renewal.
As per the above post the I-797 has to be current for EAD renewal. I am not sure how this can be possible if i chose to use my EAD and discard my H1 status. In that case, not only my h1 stamp will be in expired status, and also I will not have a CURRENT I-797.
In that case, should i just send my copy of expired visa stamp and expired I-797 approval copy for EAD renewal? This is for my EAD, not my spouse's ead renewal.
vmetla
07-30 07:48 PM
Hi All,
I received an RFE based on my qualification and the Job requirement qualification.
While applying for PERM, in the ETA 9089 form, Attorney mistakenly listed as below
1. Accepted / Required Bachelors Degree for the Posted Job:
Computer Science, Mathematics (Instead of Mathematics, it should have been Engineering)
2. Any Other Alternate Degree accepted:
NO
And in my profile, he listed the degree as ENGINEERING.
Now during the I-140 stage, i got an RFE based on this mismatch. Here is the verbiage.
The USCIS is requesting evidence that the beneficiary obtained a Bachelor�s Degree in Computer Science or Mathematics, OR evidence that the degree obtained was part of the Computer Science or Mathematics program/department.
MY Attorney Suggested 2 things.
1. Get my degree transcripts evaluated by a third party educational evaluator and equate the courses i have done (7 Computer Courses and 9 Mathematics courses) as part of Computer Science / Mathematics Degree.
2. Get an verification letter from the University that these courses are infact related to Computer Science / Mathematics Degree.
Please let me know if i stand any chance with these 2 options.
I received an RFE based on my qualification and the Job requirement qualification.
While applying for PERM, in the ETA 9089 form, Attorney mistakenly listed as below
1. Accepted / Required Bachelors Degree for the Posted Job:
Computer Science, Mathematics (Instead of Mathematics, it should have been Engineering)
2. Any Other Alternate Degree accepted:
NO
And in my profile, he listed the degree as ENGINEERING.
Now during the I-140 stage, i got an RFE based on this mismatch. Here is the verbiage.
The USCIS is requesting evidence that the beneficiary obtained a Bachelor�s Degree in Computer Science or Mathematics, OR evidence that the degree obtained was part of the Computer Science or Mathematics program/department.
MY Attorney Suggested 2 things.
1. Get my degree transcripts evaluated by a third party educational evaluator and equate the courses i have done (7 Computer Courses and 9 Mathematics courses) as part of Computer Science / Mathematics Degree.
2. Get an verification letter from the University that these courses are infact related to Computer Science / Mathematics Degree.
Please let me know if i stand any chance with these 2 options.
pappu
10-24 01:41 PM
It may be better to contact Judy Woodruff, who is driving this whole program at Yahoo. I remember seeing Judy as a former CNN anchor (quite a prominent one).
Judy may be the link to other possibilities for IV.
http://www.nndb.com/people/805/000050655/
Pappu?
Thank you for the effort and initiative. After seeing your post, i have been trying to find contact of Judy Woodruff and havnt had much luck yet.If I get her contact I can call/write regarding IV.
Judy may be the link to other possibilities for IV.
http://www.nndb.com/people/805/000050655/
Pappu?
Thank you for the effort and initiative. After seeing your post, i have been trying to find contact of Judy Woodruff and havnt had much luck yet.If I get her contact I can call/write regarding IV.
nish2006
04-27 02:19 PM
Hi Raj,
Thanks for your advice, it definitely helps.
I'm currently working with my lawyers on an appeal. If that works (fingers crossed) all well and good, but I'm also renewing my H1B immediately, to protect myself. This is not the time to be selling my house & committing financial suicide, as well as moving my family around.
My attorney also feels the EAD/AP might continue (under certain circumstances - he's not sure, but is checking) to remain valid until their expiry date. If so, I have until Oct 2010 on my EAD, but its still better to be safe with an H1B.
My I-140 denial is for a somewhat obscure reason - I used to be in the merchant navy, then worked in various management positions ashore until coming to the US in 2005. My professional certification was considered to be equivalent to a BSc degree by WES, but USCIS now want details of college attendance, etc. When I tried to explain in the RFE that it is only equivalent to a degree, and my job is based on 23 years of work experience at sea and in shipmanagement companies, plus a professional Master's license , they ignored those details. All very frustrating, but there is nothing I can do. Hopefully, someone more reasonable will read the appeal and set things right. My category remains unchanged at EB3.
I hope your own issues have all been solved by now.
All the best
NK
Thanks for your advice, it definitely helps.
I'm currently working with my lawyers on an appeal. If that works (fingers crossed) all well and good, but I'm also renewing my H1B immediately, to protect myself. This is not the time to be selling my house & committing financial suicide, as well as moving my family around.
My attorney also feels the EAD/AP might continue (under certain circumstances - he's not sure, but is checking) to remain valid until their expiry date. If so, I have until Oct 2010 on my EAD, but its still better to be safe with an H1B.
My I-140 denial is for a somewhat obscure reason - I used to be in the merchant navy, then worked in various management positions ashore until coming to the US in 2005. My professional certification was considered to be equivalent to a BSc degree by WES, but USCIS now want details of college attendance, etc. When I tried to explain in the RFE that it is only equivalent to a degree, and my job is based on 23 years of work experience at sea and in shipmanagement companies, plus a professional Master's license , they ignored those details. All very frustrating, but there is nothing I can do. Hopefully, someone more reasonable will read the appeal and set things right. My category remains unchanged at EB3.
I hope your own issues have all been solved by now.
All the best
NK
fatjoe
08-25 11:03 PM
fatjoe,
There was an article that came out and here is the link to it: TSC-NSC update (http://imminfo.com/News/2009-AILA/TSC-NSC_update.html)
As the way I understood it, even your PD is not current, they are starting to pre-adjudicate some cases so that the Visa Center would know more or less how many visas are needed and how big the backlog is. This effort tries to eliminate unused visas and utilize most of it. So the way I see it is, USCIS pre-adjudicates cases, then those who are "pre-approve" will be sorted on a different place maybe database which will be submitted to the Visa Center. Now, once your PD comes (Visa Center is the one responsible for monthly Visa Bulletin), Visa Center will tell USCIS that this case is ok, USCIS then sends you your GC.
I was going through this forum and I have read some instances where the officer on the phone will or will not tell you if your case is pre-approve. So what they do is call back again and hoping that officer will divulge such information to you.
Thanks SL : Like I said before, the cust. rep. said that she did not have access to know check if the case is pre-adjudicated or not. So, I was wondering, how will the info would be accessible to any other cust. rep. May I be I will give it a shot one more time.
There was an article that came out and here is the link to it: TSC-NSC update (http://imminfo.com/News/2009-AILA/TSC-NSC_update.html)
As the way I understood it, even your PD is not current, they are starting to pre-adjudicate some cases so that the Visa Center would know more or less how many visas are needed and how big the backlog is. This effort tries to eliminate unused visas and utilize most of it. So the way I see it is, USCIS pre-adjudicates cases, then those who are "pre-approve" will be sorted on a different place maybe database which will be submitted to the Visa Center. Now, once your PD comes (Visa Center is the one responsible for monthly Visa Bulletin), Visa Center will tell USCIS that this case is ok, USCIS then sends you your GC.
I was going through this forum and I have read some instances where the officer on the phone will or will not tell you if your case is pre-approve. So what they do is call back again and hoping that officer will divulge such information to you.
Thanks SL : Like I said before, the cust. rep. said that she did not have access to know check if the case is pre-adjudicated or not. So, I was wondering, how will the info would be accessible to any other cust. rep. May I be I will give it a shot one more time.
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