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.
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mnq1979
08-31 12:58 PM
is there any one who got the interview notice, even after replying to RFE.
My RFE was to prove my legal status and my wife was to provide the BC.
My RFE was to prove my legal status and my wife was to provide the BC.
gcfriend65
12-18 08:35 AM
I had a soft touch on my LUD for I-485 yesterday. Have received EAD card and been fingerprinted. Waiting for AP approval. Does anyone have a clue what is this in regards to?
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tcsonly
07-24 11:22 AM
There is already another thread on priority date transfers started almost an year ago, and that should provide answers to your questions.
Admins:
Please close this thread.
-C.
Admins:
Please close this thread.
-C.
more...
azambhatti
01-27 09:26 PM
Hello all,
I am a student on an I20/M1 vis
I have just recieved a new I20, and sent a form I 539 for extension of my I20.
I have my old I94, I20 etc.
It is currently under processing.
First, is there any way they can move it to another processing center? Its in the vermont center right now, and they are still processing documents from May 2008 according to CIS website.
Second, my original I94 is valid till 14 April 2009 but my original I20 is expired.
My visa is 5 years(M1 valid to 2013)
Can I go and visit my home country with the old I94(since its valid long enough) and new I20(which just got issued)??
or do I need to wait until the processing comes through?
thanks in advance.
I am a student on an I20/M1 vis
I have just recieved a new I20, and sent a form I 539 for extension of my I20.
I have my old I94, I20 etc.
It is currently under processing.
First, is there any way they can move it to another processing center? Its in the vermont center right now, and they are still processing documents from May 2008 according to CIS website.
Second, my original I94 is valid till 14 April 2009 but my original I20 is expired.
My visa is 5 years(M1 valid to 2013)
Can I go and visit my home country with the old I94(since its valid long enough) and new I20(which just got issued)??
or do I need to wait until the processing comes through?
thanks in advance.
raysaikat
07-30 07:16 PM
I have applied concurrently for green card under EB2 in August 2007.Received I140 approval and I485 is in process. Have applied for H1b extension and is pending. I am working for a consulting firm at present. I got job offer for a permanent position with the client that has same job duties and title. But the salary is about $20, 000 lower than what my consulting firm is paying now. My labor was applied with a higher salary. Can this lower salary and the difference create problems with the green card processing? Did anyone have any of this experience? Please help!!!
Yes, lower salary by that much will be a basis of denial of your I-485. Your new position must have at least the salary mentioned in the LC.
Yes, lower salary by that much will be a basis of denial of your I-485. Your new position must have at least the salary mentioned in the LC.
more...
sounakc
05-30 07:41 AM
^^^
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pappu
12-07 10:21 PM
I am surprised How NU is achieving some of the web faxes. Their home page makes you send a email/web fax to Dems&Reps before it lest you in.
neoneo,
It sound so weird that the GC holders you mentioned dont want to register. Sweet! Tell them that by registering on IV, their GC will not be revoked.
nice reply!
Its good to hear that GC holders are also willing to help us. Have them register on our site and request them to make phone calls. If you know US citizens tell them too. Tell them to mention that they are US citizens when they call lawmakers.
neoneo,
It sound so weird that the GC holders you mentioned dont want to register. Sweet! Tell them that by registering on IV, their GC will not be revoked.
nice reply!
Its good to hear that GC holders are also willing to help us. Have them register on our site and request them to make phone calls. If you know US citizens tell them too. Tell them to mention that they are US citizens when they call lawmakers.
more...
Blog Feeds
11-08 03:30 PM
USCIS recently issued a Memo that amends Adjudicator�s Field Manual on General Form I-140 Issues. Many issues are covered, but one of particular interest to our PERM (http://www.h1b.biz/lawyer-attorney-1135851.html)readers is the Labor Certification Validity for Labor Certifications with an Ending Validity Date that Falls on a Saturday, Sunday or Federal Legal Holiday.
DOL has established a 180-day validity period for approved labor certifications. See 20 CFR 656.30(b). An approved labor certification must be filed in support of a Form 1-140 petition during the labor certification's validity period. DOL has not published any guidance regarding the treatment of labor certifications that effectively have a validity period of less than 180 days due to an ending validity date that falls on a Saturday, Sunday, or a federal legal holiday.
USCIS will accept the filing of 1-140 petitions where the supporting labor certification validity period ends on a Saturday, Sunday or federal legal holiday on the next business day, i.e., the next day that is not a Saturday, Sunday or federal legal holiday. This action is most consistent with existing USCIS regulations, which allow cut-off dates for the filing of petitions and applications that fall on a Saturday, Sunday or federal legal holiday to be extended until the next business day. See 8 CFR 1.1 (h). This procedure provides petitioning employers the benefit of the full 180 day validity period for approved labor certifications established by DOL.
More... (http://www.visalawyerblog.com/2009/11/perm_approved_labor_certificat.html)
DOL has established a 180-day validity period for approved labor certifications. See 20 CFR 656.30(b). An approved labor certification must be filed in support of a Form 1-140 petition during the labor certification's validity period. DOL has not published any guidance regarding the treatment of labor certifications that effectively have a validity period of less than 180 days due to an ending validity date that falls on a Saturday, Sunday, or a federal legal holiday.
USCIS will accept the filing of 1-140 petitions where the supporting labor certification validity period ends on a Saturday, Sunday or federal legal holiday on the next business day, i.e., the next day that is not a Saturday, Sunday or federal legal holiday. This action is most consistent with existing USCIS regulations, which allow cut-off dates for the filing of petitions and applications that fall on a Saturday, Sunday or federal legal holiday to be extended until the next business day. See 8 CFR 1.1 (h). This procedure provides petitioning employers the benefit of the full 180 day validity period for approved labor certifications established by DOL.
More... (http://www.visalawyerblog.com/2009/11/perm_approved_labor_certificat.html)
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pappu
06-20 09:19 PM
http://immigrationvoice.org/forum/showthread.php?t=5400
more...
$eeGrEeN
03-27 07:02 PM
My I140 was originally filed at California service center, on 3/24/2006 it was transferred to Texas service center.
was it automatically transferred ?
was it automatically transferred ?
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madmonkey
10-26 03:20 PM
that's absurd - your wife's PD is tied to yours. I was in EB2, switched to EB1 and both my wife's and my 485 were approved together.
more...
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AreWeThereYet
08-09 04:32 PM
From what I know, it is not mandatory to file AC-21 but if you think your previous employer who filed for your I-140 can create problems for you, it's safe to file AC-21. Although, your previous employer can not withdraw your I-140 by law, some employees attempt to withdraw/cancel I-140. Sometimes, USCIS behaves in an un-expected manner and they might issues a NOID on your 485. If that happens, you will have to appoint an attorney who fights for you to repeal USCIS decision. You will win in the end, but you will go through some unwanted stress and will loose some money to the attorneys. In such cases, if you have filed for AC-21, it acts as another strong point to your fight against a erroneous decision from UCSIS.
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darshan1226
03-25 06:42 PM
Texas service center
more...
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dixie
03-13 11:44 PM
There are two sides to the issue : strengthening the domestic workforce through education, research investment etc and then there is skilled immigration. The first half no doubt enjoys unanimous support ... however, when it comes to promoting skilled immigration, it is a pretty safe bet that the anti-immigrant lobby is going to play hard ball (already evident from the SF gate article). Overcoming this lobby is the whole challenge ..
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sembat
06-15 09:40 PM
I kept checking for the processing times for I-140 for my wife on the following link https://egov.uscis.gov/cris/jsps/ptimes.jsp under the Nebraska center. Till yesterday the post date was showing May 18th and the processing time for I-140 was shown as 'September 2006' today the posted date changed to 15th June but the I-140 processing date went back to 'January 2006'. Can someone explain how is this possible? Shouldnt the processing date mean that applications received till 25th Sept 2006 have been processed? If thats correct then how can the date go back to Jan 1 2006? I dont think this can be a typo, it must have some reasoning. I would appreciate if someone can explain this in the forum
Thanks
--sembat
Thanks
--sembat
more...
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desi485
11-13 01:47 PM
I had a question about using using AC21.
Here is the scenario: Let us say I work for XYZ Company who applied for my 140 and 485. I have approved 140, H-1b, EAD and AP.
If XYZ laid me off or I left them for career progression or more money 180 days after my 485 was filed and 140 approved, what happens to my 485 application?
Wouldn't USCIS question that since my sponsoring employer does not exist anymore, who am I going to work for once I get my green card? or is this coverd under AC21?
Please advice!
sir, if you have worked 180 days for this employer after filling of 485, there are no issues with CIS, atleast legally. However there are some unfortunate incidents going on where IO wrongfully denied 485 petitions when a person changed jobs using AC-21. I urge you to take part in IV AC-21 letters campaign which will help you and all of us to survive any unfortunate, unforseen job loss due to current downturn in economy. (http://immigrationvoice.org/forum/showthread.php?t=22182) It is actully very easy, just print 4 pages and mail it thru' USPS. Won't even cost you $2. Remember this for yours and our future and peace of mind. Arul, I humbly request you to do so for sake of our community. Thanks!
Here is the scenario: Let us say I work for XYZ Company who applied for my 140 and 485. I have approved 140, H-1b, EAD and AP.
If XYZ laid me off or I left them for career progression or more money 180 days after my 485 was filed and 140 approved, what happens to my 485 application?
Wouldn't USCIS question that since my sponsoring employer does not exist anymore, who am I going to work for once I get my green card? or is this coverd under AC21?
Please advice!
sir, if you have worked 180 days for this employer after filling of 485, there are no issues with CIS, atleast legally. However there are some unfortunate incidents going on where IO wrongfully denied 485 petitions when a person changed jobs using AC-21. I urge you to take part in IV AC-21 letters campaign which will help you and all of us to survive any unfortunate, unforseen job loss due to current downturn in economy. (http://immigrationvoice.org/forum/showthread.php?t=22182) It is actully very easy, just print 4 pages and mail it thru' USPS. Won't even cost you $2. Remember this for yours and our future and peace of mind. Arul, I humbly request you to do so for sake of our community. Thanks!
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Blog Feeds
01-06 10:10 AM
The Comprehensive Immigration Reform bill introduced in the House of Representatives would revamp the existing employment-based (EB) preference system in a number of important ways: 1) Increase in EB Numbers - The number of employment-based green cards would increase from 140,000 per year to 290,000. 2) Recapture � Currently, 140,000 persons are permitted to immigrate to the U.S. each year under the EB preference system. If less than 140,000 visa numbers are given out by the end of the government�s fiscal year on September 30, the remaining numbers are essentially thrown away. As a result, in most years, 20,000 to...
More... (http://blogs.ilw.com/carlshusterman/2009/12/how-the-new-immigration-bill-would-revamp-the-eb-preference-system.html)
More... (http://blogs.ilw.com/carlshusterman/2009/12/how-the-new-immigration-bill-would-revamp-the-eb-preference-system.html)
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bmoni
03-22 05:32 PM
Check out the Thomas Friedman's Op-Ed on New york times
Op-Ed Columnist - America’s Real Dream Team - NYTimes.com (http://www.nytimes.com/2010/03/21/opinion/21friedman.html)
I don't know what other proof the law makers need to prove how vital we(immigrants) are in America's future.
May be next time when you hear an anti-immigrant rant shove this link to their throat.
Op-Ed Columnist - America’s Real Dream Team - NYTimes.com (http://www.nytimes.com/2010/03/21/opinion/21friedman.html)
I don't know what other proof the law makers need to prove how vital we(immigrants) are in America's future.
May be next time when you hear an anti-immigrant rant shove this link to their throat.
RenaissanceGirl
10-02 12:51 PM
New wacom?! Oooh, what did you get?
needhelp!
02-12 12:41 PM
Try to get into EB1.. otherwise you will be stuck for 10 years like the rest of us!
to start my GC process.;-)
to start my GC process.;-)
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