pappu
06-05 11:43 AM
If you plan it right, you should not have problems.
- have your new employer apply for Perm asap anyways. These days labor comes in 45- 60 days via perm. You should immediately apply for i140. The 140 is also taking 3-6 months. Once you get your 140 you can apply for a 3 year extension instead of 1 year since 365 day rule applies if your labor was filed 365 days earlier and you do not have either labor or labor and 140 approved. Others in the forum can correct me if i am wrong.
- have your new employer apply for Perm asap anyways. These days labor comes in 45- 60 days via perm. You should immediately apply for i140. The 140 is also taking 3-6 months. Once you get your 140 you can apply for a 3 year extension instead of 1 year since 365 day rule applies if your labor was filed 365 days earlier and you do not have either labor or labor and 140 approved. Others in the forum can correct me if i am wrong.
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vin13
02-11 04:13 PM
I had got an RFE on my 485 for a TB retest.
My lawyer suggested that i get the whole medical done again just so that they do not request any more tests as it had been more than a year.
On the other hand, my wife's medical was OK. so we did not have to do anything.
I think it is safer to get the whole medical re done if you got an medical related RFE.
My lawyer suggested that i get the whole medical done again just so that they do not request any more tests as it had been more than a year.
On the other hand, my wife's medical was OK. so we did not have to do anything.
I think it is safer to get the whole medical re done if you got an medical related RFE.
pointlesswait
09-17 11:49 AM
if you can find such a company...nothing like it!
but how many have such flexible policies..;-)
pointlesswait,
I respectfully disagree with your comment on no full time MBA on H-1. I infact know this first hand as one of my friends finished his full time MBA on H-1. His company was nice enough to keep him on the payroll but gave him 2 yrs of leave of absence. He is now back working for the same company. The only down side to his approach was that he ended up losing 2 yrs of his H-1 but his goal was to come back and work for the same company, so he didn't care.
but how many have such flexible policies..;-)
pointlesswait,
I respectfully disagree with your comment on no full time MBA on H-1. I infact know this first hand as one of my friends finished his full time MBA on H-1. His company was nice enough to keep him on the payroll but gave him 2 yrs of leave of absence. He is now back working for the same company. The only down side to his approach was that he ended up losing 2 yrs of his H-1 but his goal was to come back and work for the same company, so he didn't care.
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hojo
09-06 07:12 PM
what he said.
awesome links dan, you'll be getting some messages from me on AIM, heh
awesome links dan, you'll be getting some messages from me on AIM, heh
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nabs501
07-17 06:07 PM
If his fiance is in the US, then it's easy. Just do a court marriage; get the marriage certificate and file for I485.
If his fiance is abroad then he can make a trip; get married and take her back to US and file. Remember, all the applicants need to be present in the US to file AoS.
If she does not have a visa to come to the US; then just wait...
I dont think it makes sense to file now; get married and re-file again. It's also risky just to some extent if his application is approved before ge get married.
Also, just a friendly suggeston:
Ask him to join IV :)
If his fiance is abroad then he can make a trip; get married and take her back to US and file. Remember, all the applicants need to be present in the US to file AoS.
If she does not have a visa to come to the US; then just wait...
I dont think it makes sense to file now; get married and re-file again. It's also risky just to some extent if his application is approved before ge get married.
Also, just a friendly suggeston:
Ask him to join IV :)
kondur_007
08-19 10:51 AM
While thousands of Indians are trying their best to make a cut into citizenship club, here is one Indian-origin Doctor bringing bad name by commiting immigration fraud.
Psychiatrist gets 10 months, gave fake citizenship waivers to 492 | Detroit Free Press | Freep.com (http://www.freep.com/article/20090818/NEWS03/90818074/1318/Psychiatrist-gets-10-months--gave-fake-citizenship-waivers-to-492)
Dr. Chikamarri Ramesh got 10 months imprisonment. He should have been deported.
What I don't understand is what is the importance of this news?
It seems like a US person (he may even been born in US) committed a crime; and got punished. What he did is shameful. But how does it matter if he was of Indian origin or Somalian origin!! (by the way, there is no mention in the news about "indian origin"; he was just a US person and that's all he still is.) That's the beauty of this country, no descrimination.
If you still eventually want to be identified in news as "of indian origin" rather than US person, you are in a wrong country. This is a melting pot where you will be accepted as "one of them", but you also must have of spirit of "becoming one of them". And yes, you are proudly allowed and you should carry your own heritage with you, just make it a part of the whole society.
Hope you understand.
Psychiatrist gets 10 months, gave fake citizenship waivers to 492 | Detroit Free Press | Freep.com (http://www.freep.com/article/20090818/NEWS03/90818074/1318/Psychiatrist-gets-10-months--gave-fake-citizenship-waivers-to-492)
Dr. Chikamarri Ramesh got 10 months imprisonment. He should have been deported.
What I don't understand is what is the importance of this news?
It seems like a US person (he may even been born in US) committed a crime; and got punished. What he did is shameful. But how does it matter if he was of Indian origin or Somalian origin!! (by the way, there is no mention in the news about "indian origin"; he was just a US person and that's all he still is.) That's the beauty of this country, no descrimination.
If you still eventually want to be identified in news as "of indian origin" rather than US person, you are in a wrong country. This is a melting pot where you will be accepted as "one of them", but you also must have of spirit of "becoming one of them". And yes, you are proudly allowed and you should carry your own heritage with you, just make it a part of the whole society.
Hope you understand.
more...
alucard666
08-27 02:20 PM
I have already moved to company B. Have an i-140 approved from company A in 09/2006. Now that my 6 years are over in 5 months, waiting for Fragomen to determine appropriate strategy for extension since new Perm has not been pending for 365 days. Anyone have experience with extending H1 using company A I-140 when with company B?
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logiclife
11-28 10:26 AM
Now this is just to get an idea on what to expect if one of the Immigration bills passes and signed in to law say by mid 2007.
What can we expect next?
Dates would move forward depending on the increase in numbers.
What will happen to highly retrogressed countries like Indian, China? When can they expect any tangible results?
Depends on how much the numbers increase, whether there is any kind of per-country quota, coz if there is, then India and China would get screwed because of heavy demand from these 2 countries. CIR will start from square 1 in the next congress and would go back to the judiciary committee, Floor, conference, -- the whole process would be happening all over again.
What will happen to the �Rest of the World� category? When do you think they can expect results?
Rest of the world will be better off than India and China. Unless you are really unlucky and the demand from your country's subscribers increases and there is a separete PD for your country too, like India, China and Phillipines.
What will happen if ALL or Most of the catagories become current. Are we going to get stuck with processing delays for months or years to come ?
YES. If the dates move really really forward, -- like 2005 and 2006, the sheer number of I-485s will bury the USCIS. Expect huge delays. Unless we act on DOS to fund certain agencies we are not going to see any improvement in 485 processing times. The worst part about 485 is that USCIS alone cannot revolutionize its process and solve problems. There is the FBI name check(Dept of Justice) and also DOS involved. Our work will not end when SKIL bill passes. We would have to lobby for administrative reform to fund these agencies. FBI's namecheck division is heavily used by a lot of government and private agencies after 9/11 and they are really underfunded. We, may have to work on our issues even after SKIL bill passes. Unless of course we are really content on spending 5-6 years on EAD/AP. From what I hear, life is not really that great even on EAD/AP
What can we expect next?
Dates would move forward depending on the increase in numbers.
What will happen to highly retrogressed countries like Indian, China? When can they expect any tangible results?
Depends on how much the numbers increase, whether there is any kind of per-country quota, coz if there is, then India and China would get screwed because of heavy demand from these 2 countries. CIR will start from square 1 in the next congress and would go back to the judiciary committee, Floor, conference, -- the whole process would be happening all over again.
What will happen to the �Rest of the World� category? When do you think they can expect results?
Rest of the world will be better off than India and China. Unless you are really unlucky and the demand from your country's subscribers increases and there is a separete PD for your country too, like India, China and Phillipines.
What will happen if ALL or Most of the catagories become current. Are we going to get stuck with processing delays for months or years to come ?
YES. If the dates move really really forward, -- like 2005 and 2006, the sheer number of I-485s will bury the USCIS. Expect huge delays. Unless we act on DOS to fund certain agencies we are not going to see any improvement in 485 processing times. The worst part about 485 is that USCIS alone cannot revolutionize its process and solve problems. There is the FBI name check(Dept of Justice) and also DOS involved. Our work will not end when SKIL bill passes. We would have to lobby for administrative reform to fund these agencies. FBI's namecheck division is heavily used by a lot of government and private agencies after 9/11 and they are really underfunded. We, may have to work on our issues even after SKIL bill passes. Unless of course we are really content on spending 5-6 years on EAD/AP. From what I hear, life is not really that great even on EAD/AP
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sweet_jungle
09-16 06:27 PM
bump
Bump
I am a July 2 filer. I got 485 receipt notice from California Service Center with receipt date of july 2. Today, in mail, I got another notice called transfer notice, which states that my case has been transferred to Nebraska. The receipt date on the transfer notice is Sep 5. Is it nromal to have such diferent receipt dates? Will USCIS process by receipt date on receipt notice or on transfer notice?
Bump
I am a July 2 filer. I got 485 receipt notice from California Service Center with receipt date of july 2. Today, in mail, I got another notice called transfer notice, which states that my case has been transferred to Nebraska. The receipt date on the transfer notice is Sep 5. Is it nromal to have such diferent receipt dates? Will USCIS process by receipt date on receipt notice or on transfer notice?
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FredG
January 30th, 2005, 10:23 PM
OK, fine then ... I stink as a photographer and should sell my equipment immediately. But as long as I'm here, I like Solitary Fisherman the best, then Father and Son, but I suggest cropping it to have a bit more space in front of them than behind them.
more...
n4nature
02-05 01:22 PM
From your description it looks like you are moving to a new company.
I know someone who got 140 approved with MS+1. Were you a test engineer or a "Software Engineer in Test". In companies like Msft, Google and a few others the "Software Engineer in Test" people write more code than the Developers. In those cases, they can say that they did code development. I'm not sure if that would apply to your case.
Also, in big companies(at least in mine) and I know at least one more, they do not give the job description when you talk to HR for a letter. They give a letter saying Mr/Ms xx worked in our company from date x to date x. That's it. So the question is in those cases how to get a job description letter. I have heard people getting letters from colleagues certifying their work experiences. So if you have a colleague who can certify the coding you did and if your company does not give the job description but only your period of work, you can combine the two letters and apply for EB2.
I was a test engineer before - so I have to use "test engineer" only. I did quite a bit (50%) of automation also, but I don't think I could get it as 100% in the "letter". So you don't think that test engineer position would qualify for EB2? What would INS normally do in case if I went ahead with test engineer position in EB2? I know they ask for Business Necessity letter and if I provide that and they still don't concur, would they reject my LC application altogether? Or they also could approve the same LC for EB3?
I know someone who got 140 approved with MS+1. Were you a test engineer or a "Software Engineer in Test". In companies like Msft, Google and a few others the "Software Engineer in Test" people write more code than the Developers. In those cases, they can say that they did code development. I'm not sure if that would apply to your case.
Also, in big companies(at least in mine) and I know at least one more, they do not give the job description when you talk to HR for a letter. They give a letter saying Mr/Ms xx worked in our company from date x to date x. That's it. So the question is in those cases how to get a job description letter. I have heard people getting letters from colleagues certifying their work experiences. So if you have a colleague who can certify the coding you did and if your company does not give the job description but only your period of work, you can combine the two letters and apply for EB2.
I was a test engineer before - so I have to use "test engineer" only. I did quite a bit (50%) of automation also, but I don't think I could get it as 100% in the "letter". So you don't think that test engineer position would qualify for EB2? What would INS normally do in case if I went ahead with test engineer position in EB2? I know they ask for Business Necessity letter and if I provide that and they still don't concur, would they reject my LC application altogether? Or they also could approve the same LC for EB3?
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uimv
03-13 09:13 AM
I am not sure why you are switching from valid H1B to EAD and while still working for the GC sponsoring employer.
However Employer DOES have to inform (and request cancellation) to USCIS about H1B employee no longer working for them on H1B visa. Its the law.
Again not sure why you are moving from H1B to EAD when H1B is still valid?
Thanks. It is employer decision.
I know of cases where, H1b was not cancelled.
Can you please give link to USCIS site stating the rule ?
ALL: Please share your experience in this area.
However Employer DOES have to inform (and request cancellation) to USCIS about H1B employee no longer working for them on H1B visa. Its the law.
Again not sure why you are moving from H1B to EAD when H1B is still valid?
Thanks. It is employer decision.
I know of cases where, H1b was not cancelled.
Can you please give link to USCIS site stating the rule ?
ALL: Please share your experience in this area.
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pappu
12-23 12:37 AM
REMINIDNG EVERYONE ABOUT THE MEETING THIS SUNDAY IN STAMFORD MALL..... PLEASE PM ME FOR THE CONTACT PHONE NUMBER ......
Thanks Anurakt.
Im bumping up your thread and hoping for many members to show up in your Tri-state chapter meeting.
Thanks Anurakt.
Im bumping up your thread and hoping for many members to show up in your Tri-state chapter meeting.
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gveerab
12-29 08:38 PM
3 year h1 extension requires I140 to be approved plus non-current priority dates. You can get a copy of the approval from your attorney
You should try this option, in one of the immigration lawyer's forum they mentioned about this. If you have this you can get 3 yrs extension, that saves lot of moeny and time. It's worth exploring this option. Please share with us, if you are able to succed with this option.
u can use G-639 i.e. FOIA (DOJ) to get a copy of the approved I-140, Labor.etc. I do not know of anyone thats used a I-824.....cos sometimes USCIS also mails a copy of I-140 to the lawyer as well!
You should try this option, in one of the immigration lawyer's forum they mentioned about this. If you have this you can get 3 yrs extension, that saves lot of moeny and time. It's worth exploring this option. Please share with us, if you are able to succed with this option.
u can use G-639 i.e. FOIA (DOJ) to get a copy of the approved I-140, Labor.etc. I do not know of anyone thats used a I-824.....cos sometimes USCIS also mails a copy of I-140 to the lawyer as well!
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skv
06-21 03:06 PM
Yes pretty much looks OK but I wont be comfortable if this is format your parents will use. For close relative this format is fine.
For parents I am not comfortable with the statement "and that________father�s name) is his/her father and _____________ (mother�s name) is his/her mother."
So just dig a little and there were members who have posted the sample for parents and close relative.
Go to this link for format http://immigrationvoice.org/forum/showthread.php?t=5036&page=7
Affidavit does not have a unique format identified by INS, hence different attorneys may have different layouts.
For parents I am not comfortable with the statement "and that________father�s name) is his/her father and _____________ (mother�s name) is his/her mother."
So just dig a little and there were members who have posted the sample for parents and close relative.
Go to this link for format http://immigrationvoice.org/forum/showthread.php?t=5036&page=7
Affidavit does not have a unique format identified by INS, hence different attorneys may have different layouts.
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acecupid
07-23 09:24 AM
Need some help here answering a question in form I-539 Part 4, Section 3, Item a, b and c as follows:
Answer the following questions. If you answer "Yes" to any question, describe the circumstances in detail and explain on a separate sheet of paper.
Are you, or any other person included on the application, an applicant for an immigrant visa?
Has an immigrant petition ever been filed for you or for any other person included in this application?
Has Form I-485, Application to Register Permanent Residence or Adjust Status, ever been filed by you or by any person included in this application?
I am confused regarding the answers and would really appreciate any help answering them. Please review below staus for family and I and advise. Your reasons supporting the answer would be extremely helpful and much appreciated.
Here's my status:
-Working in US since 2004 on a H1B so this is my 7th year extension.
-This would be the second instance of filing the extension working with the same company -I switched my H1B to back in 2006.
-I-140 was filed in March 2007 and approved in October the same year.
-I-485 for family and I was filed in July/August wave in 2007.
-LCA was filed last week and H1B renewal and extension of stay petition is expected to be filed next week. I have only 2 1/2 months remaining. Should that be a worry?
I had been using an attorney for all my previous filings for any kind of case but don't want to go back to him any more because of the quality of service, or lack thereof, I have been receiving from him lately. Not to mention the fee he has quoted is 50% more than last time. Even my office finds the amount to be very outrageous therefore they have decided to help me out and file the case themselves.
The questions which you posted at very straight forward. What is your confusion ? Has anyone applied a petition for your family with an immigrant intent ?
Answer the following questions. If you answer "Yes" to any question, describe the circumstances in detail and explain on a separate sheet of paper.
Are you, or any other person included on the application, an applicant for an immigrant visa?
Has an immigrant petition ever been filed for you or for any other person included in this application?
Has Form I-485, Application to Register Permanent Residence or Adjust Status, ever been filed by you or by any person included in this application?
I am confused regarding the answers and would really appreciate any help answering them. Please review below staus for family and I and advise. Your reasons supporting the answer would be extremely helpful and much appreciated.
Here's my status:
-Working in US since 2004 on a H1B so this is my 7th year extension.
-This would be the second instance of filing the extension working with the same company -I switched my H1B to back in 2006.
-I-140 was filed in March 2007 and approved in October the same year.
-I-485 for family and I was filed in July/August wave in 2007.
-LCA was filed last week and H1B renewal and extension of stay petition is expected to be filed next week. I have only 2 1/2 months remaining. Should that be a worry?
I had been using an attorney for all my previous filings for any kind of case but don't want to go back to him any more because of the quality of service, or lack thereof, I have been receiving from him lately. Not to mention the fee he has quoted is 50% more than last time. Even my office finds the amount to be very outrageous therefore they have decided to help me out and file the case themselves.
The questions which you posted at very straight forward. What is your confusion ? Has anyone applied a petition for your family with an immigrant intent ?
more...
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dsneyog
11-29 07:51 PM
I would still like to know if I can e-file? This is the first time I am filing for AP. I didn't do it along with my EAD application.
Thanks
Thanks
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shana04
12-31 01:48 PM
L1A visa, validity May 2008
EB 1 category
I-140 receipt date July 27, 2007 & I-485 receipt date July 27, 2007.
When and how can I excercise AC 21 portability
Do I need an EAD for this
You are good to go after Jan 22 2008 for using AC21 (be on safe side until Jan 23 2008).
You can apply for EAD by your self and if you need help let me know. I have documentation for this (it is very simple and as other friends suggested, it is in IV website) but still if you need documentation let me know.
Good Luck and let us know how it went through.
All the best for you and your family.
EB 1 category
I-140 receipt date July 27, 2007 & I-485 receipt date July 27, 2007.
When and how can I excercise AC 21 portability
Do I need an EAD for this
You are good to go after Jan 22 2008 for using AC21 (be on safe side until Jan 23 2008).
You can apply for EAD by your self and if you need help let me know. I have documentation for this (it is very simple and as other friends suggested, it is in IV website) but still if you need documentation let me know.
Good Luck and let us know how it went through.
All the best for you and your family.
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sanjay
02-23 10:35 PM
As far as I know, there is no "filing of AC21 with an attorney". Please be more specific as this is not clear.
AC21 is something on basis of which you can change employer. If you get an RFE than you simply have to prove that you used AC21 to change employer. That's it.
Some people proactively send a letter to USCIS informing that they are using/have used AC21 to change their employer. But based on various attorneys feedback, opinion is that USCIS does not really use that letter for anything if sent proactively just to inform USCIS that you are using AC21.
I took a new job and transferred my H1B with new employer. But my GC process is with the same old employer and his attorney. Do I now have to file AC21 ? I changed my job with new responsibilities.
AC21 is something on basis of which you can change employer. If you get an RFE than you simply have to prove that you used AC21 to change employer. That's it.
Some people proactively send a letter to USCIS informing that they are using/have used AC21 to change their employer. But based on various attorneys feedback, opinion is that USCIS does not really use that letter for anything if sent proactively just to inform USCIS that you are using AC21.
I took a new job and transferred my H1B with new employer. But my GC process is with the same old employer and his attorney. Do I now have to file AC21 ? I changed my job with new responsibilities.
waitin_toolong
10-02 01:33 PM
According to IRS you are citizen(Any one who stays more that 180 days and pays taxes in us is a citizen according to them). You can apply for student Loan as a citizen if you use this clause intelligently. This is how most students get credit cards. If you say you are on H1 to a credit card company they will never give you the card.
Again this is only my opinion. I might be wrong.:)
not citizen but resident and that does not qualify you permanent resident.
and most companies require a GC holder or citizen to cosponsor.
Again this is only my opinion. I might be wrong.:)
not citizen but resident and that does not qualify you permanent resident.
and most companies require a GC holder or citizen to cosponsor.
GLIX
02-23 07:37 AM
so how long did it take for them to approve your 485 from the time you had your fingerprinting done.
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