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realist

01-11 09:49 AM

What happens when a person takes a leave of absence and is out of the country? 140 is approved and I 485 is pending? Technically employed but not getting paid. My cousin is considering this as a possibility and is being overwhelmed with responsibilities in India. He was a July 07 filer, and his pd is Apr 02

What complications can arise? Please advice.

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pinkam

11-18 11:10 PM

hi everybody,
hope I will get guidance..Here is my case....
I am an Indian and I have been living in USA for about one year as a dependent of F1 visa holder.Recently I got my I-20 and now I want to change my status from F2 to F1.I have only 2 months left to start my classes.And I have some Questions regarding changing status...

1.Is 2 months period is sufficient if I file from USA?

2. what are the chances of changing status (from F2 to F1) if I file from India?
In case, my visa status does not change,will I be able to come back to USA on F2 ? will they reject my current F2 visa as well?



please.. help me with these questions.I will appreciate if somebody could advise me...

Regards.

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11-22 06:19 AM

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sideeque

05-13 12:25 AM

I was in H1B visa(expires on Feb 2011). I got laid off from Employer_A from March 2009 and I transfered my I-797 to Employer_B in march 2009 itself through premium processing. It got approved and I have original approval notice also which expires on March 2012.

Now Employer_A likes to re-hire me back. I am also interested to go back. Do I need to transfer again from Employer_B to Employer_A?

Can I work for Employer_A with old I-797(expires on Feb 2011) ? I don't think Employer_A canceled or revoked my I-797 after they laid off.

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skone

02-04 02:58 PM

Hello,

I run an IT business from here in Canada and make about US$ 80K/Year. I am now thinking to move to USA and was wondering how I could use my company to benefit and help me with that.

Is it better to move the company to US or is it better to open a subsidiary in USA? Also what are the minimum requirements to be successful in the immigration visa? Do I need to declare a minimum amount to the Canadian government etc.., that will be a proof for my company etc..?

I run the company myself with my common-law-partner. We do everything, including sending bills, invoices etc..

Thank you for any advice.

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10-12 12:36 AM

Those who got receipt dated oct 2nd filed in NSC will not see their cases online

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01-27 04:01 PM

Everybody who wants to take part in CO meet the lawmakers drive please send me an email on black_logs@yahoo.com I'll arrange a conference call on Tue or wed next week(1/31/06-2/01/06)

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Blog Feeds

01-21 09:50 AM

A fat report and one with some helpful recommendations and statistics. Here are some of the more interesting items I found - - Of the top 150 H-1B employers, 24 were deemed H-1B dependent (a high percentage of workers on the H-1B) and 9 had prior H-1B violations. - Real earnings growth for US workers in occupations with proportionately more H-1B workers - particularly IT - was actually much stronger than the general US worker. - Engineers and IT professionals on H-1Bs were more than twice as likely as their US counterparts to have advanced degrees. - The proportion of...

More... (http://blogs.ilw.com/gregsiskind/2011/01/government-accountability-office-releases-report-on-h-1b-program.html)

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file485

01-09 09:39 AM

Hello..

please add in a feature where a member from here can invite their friends thru their email addresses....

this is an easy way to have a larger no.of members which is crucial at this point of time...

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vpn

03-11 07:53 AM

I got an H1 from an employer with changes of status from L1 effective 31- jan but I will be joining this company only on 4-april-2011. I continued to work for L1 employer till
20-Feb after which i returned to India.
Now i have my visa interview - will i face issues because of the 25 days i spend with L1 employer and that I dont have H1 employer pay stubs?

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akhilmahajan

01-20 03:54 PM

I came across this memo. If this has been discussed i am sorry for posting it again.

http://www.laborimmigration.com/wp-content/uploads/2008/11/tsc-streamline-procedure.pdf

GO VI GO. TOGETHER WE CAN.

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camphor

07-03 02:48 PM

My 485 application for EB2 was filed with USCIS on Sunday, July 1st 2007. My lawfirm is not sure if it will be accepted by USCIS since the filing was done in the weekend. Any comments? There could be lot of us in a similar situation. For those who are in the same boat, I would appreciate any updates you have received from your lawyer.

Thanks,

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Blog Feeds

03-15 09:30 AM

A few bright spots mixed in with a lot of not so much... Family 1st - Advancement of worldwide, China and India numbers by two weeks to 08 July 2004. Mexico moves forward two weeks to 15 October 1992. The Philippines moves up two months to 1 March 1994.Family 2A - Worldwide, India, China and the Philippines numbers advance two months to 01 June 2006. Mexico jumps six months to 01 January 2005. Family 2B - Worldwide, India and China numbers advances one month to 01 March 2002. Mexico is stalled at 15 June 1992. The Philippines advances three weeks...

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01-20 06:50 AM

A reader sent me a link to a post at the The Future of Capitalism blog reminding folks that being pro-immigration fits right in to a conservative agenda: David Cameron, the British "Conservative" Party leader who favors a top income tax rate of 50%, also wants immigration restrictions that would limit Great Britain's population over the next 20 years to 70 million. The Financial Times has an editorial with some reasons this is a bad idea. Here in America, the restrictionist Federation for American Immigration Reform is a bronze sponsor of next month's National Tea Party Convention. Here at FutureOfCapitalism.com,...

More... (http://blogs.ilw.com/gregsiskind/2010/01/if-you-like-big-government-youll-fit-right-in-with-the-antis.html)

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Vagus

01-09 03:05 PM

Did you get RFE on renewal or applying for the first time. Did you do E filing of application.

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Jaibalaji

11-20 11:19 PM

Hi all,

My wife was laid off a couple of days ago. She has efiled H1->H4 status change application which recommended by HR. However she needs out of USA because of family issue next month. She has valid AP.

Here my questions:

When she travel outside of U.S. before the H1-> H4 change application is approved, her application for status change is automatically canceled/invalid. Is that true?

2. She only could use AP to re-enter USA. She needs to resubmit H1->H4 after she back USA. Should she cancel the previous one? If any effect on her I-485 application?

3. Is any premium process for H1->H4?

Thanks!

Jaibalaji

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ckpas

01-07 10:22 AM

When my employer looked up my case number on the DOL site, the case status showed as "certified" and apparently when he downloaded the certified ETA 9089 the section where it says "Signature of the certifying officer" doesn't bear CO's any stamping/signature.

My employer came to know this only yesterday obviously 'coz he overlooked and we just have two more months remaining on this PERM validity. My employer also said he can't file for I-140 unless we hear back from the DOL on the CO signature issue.

He has apparently emailed DOL asking for clarifction on this.

1. Would DOL even bother to look at the incoming emails after the case has been approved?.

2. Does CO's rubber stamp signature really required for 140?. What if we don't hear back from DOL on time, can we just go ahead with 140 filing?.

3. I am on my 6th year of H1b.

Any response on this matter is truly appreciated.

Thanks a lot to everyone.

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gk_2000

11-19 02:08 PM

There is this para from Ron Gotcher's web-site:

Typically, visa backlogs are reduced by issuing visas and thus removing people from the demand list. In this case, the movement is due to decreased demand � people with approved petitions on the waiting list simply aren�t applying for visas.

(Whole article here: Home - Information from the December Visa Bulletin (http://www.immigration-information.com/forums/content/190-information-december-visa-bulletin.html))

The article says that dates have moved forward because the people whose dates are current, have not applied for their visas

And suppose we could do the same -- if no one applies the gc even once the PD is current, there will be forward movement.... then WHAM! In one go, all could apply

Anyway, just a thought (or you may call pipe dream :) )

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anyluck?

01-24 10:23 PM

Hi ,

My wife has H1 visa approved under Consular Processing from Company A, so she is still under H4. She got another offer from Company B so we applied for another H1B before H1B quota expired. It is under process.

1 ) we applied for COS from H4 to H1 By Company A by premium processing.

2 ) Company B H1B from H4 is also under process.

Does the order of outcome from either petetions affect another petetion. For example if companie A petetion is approved and then afterwards company B petetion is rejected. will she be in H1 status.

Thanks

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Macaca

04-04 09:06 AM

The requirements depend on the International Student Office. They will give the best answer.

In my case, they required a letter from Deptt. I don't remember the contents of the letter.

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file485

02-19 02:43 PM

Hello gurus..

I filed for my H4 extn on Jan 16th(Cal Serv Centre)..I dont think so I can get the H4 approval extn by April 1st... other than the option of getting it done in premium processing ... can I file for my H1 in April before my H4 approval comes..?

All in all I will need atleast 5k for my H1 and in case if I have to get my H4extn premium processed..

Please comment

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Macaca

07-23 07:38 PM

Sheehan: I will beat Pelosi (http://thehill.com/leading-the-news/sheehan-i-will-beat-pelosi-2007-07-23.html) By Jeremy Jacobs, July 23, 2007

If Speaker Nancy Pelosi (D-Calif.) refuses to bring articles of impeachment against President Bush to the floor of the House, anti-war activist Cindy Sheehan said Monday, Sheehan not only will challenge the Speaker in the next election but also will defeat her.

Discussing President Bush and Vice President Cheney, Sheehan said, �We put them there. We can fire them. If Nancy Pelosi doesn't do her constitutionally mandated job by midnight tonight, tomorrow I will announce that I'm going to run against her.

�And not only am I going to run against her, but I will beat her,� Sheehan added.

A spokesman for Pelosi, Nadeam Elshami, said the Speaker and House Democrats are working toward their goals this Congress and would not address Sheehan�s proclamation.

�The Speaker and House Democrats are focused on ending the war in Iraq, holding the Bush administration accountable and delivering a new direction for the American people,� Elshami said.�Those are the priorities of the Speaker and the Democrats.�

Sheehan seized the anti-war spotlight during her extended protest outside the president�s ranch in Crawford, Texas in 2005, after her 24-year-old son, Casey, was killed in Iraq. Speaking at a demonstration at Arlington National Cemetery, Sheehan argued that it is Pelosi�s constitutional obligation to impeach the president.

�The administration has abused our soldiers. They've abused our freedoms,� Sheehan said. �They have killed my son and countless others. And they must be held accountable.

�Impeachment is not a fringe movement. It is mandated in our Constitution. Nancy Pelosi had no authority to take it off the table,� Sheehan said.
Sheehan Arrested in Impeachment Protest (http://www.washingtonpost.com/wp-dyn/content/article/2007/07/23/AR2007072300697.html?hpid=moreheadlines) By NATASHA T. METZLER The Associated Press, July 23, 2007

WASHINGTON -- Anti-war activist Cindy Sheehan was arrested Monday at the Capitol for disorderly conduct, shortly after saying she would run against House Speaker Nancy Pelosi over the California Democrat's refusal to try to impeach President Bush.

Sheehan was taken into custody inside Rep. John Conyers' office, where she had spent an hour imploring him to launch impeachment proceedings against Bush and Vice President Dick Cheney. Conyers, D-Mich., chairs the House Judiciary Committee, where any impeachment effort would have to begin.

"The Democrats will not hold this administration accountable, so we have to hold the Democrats accountable," Sheehan said outside of Conyers' office after the meeting. "And I for one am going to step up to the plate and run against Nancy Pelosi."

Sheehan and about 200 other protesters had walked to Conyers' office from Arlington National Cemetery. She said Conyers told her there weren't enough votes for impeachment to move forward on the issue.

Forty-five of Sheehan's fellow protesters also were arrested. Capitol Police spokeswoman Sgt. Kimberly Schneider said that after they are processed, the arrested activists could each pay a $50 fine to be released.

"Impeachment is not a fringe movement, it is mandated in our Constitution. Nancy Pelosi had no authority to take it off the table," Sheehan told her group of orange-clad activists before they began their march from the national cemetery.

Sheehan, whose 24-year-old son, Casey, was killed in Iraq, has been saying for two weeks that she would seek to oust Pelosi from office by running against her as an independent in her San Francisco district if Pelosi didn't change her mind by July 23 on trying to impeach Bush.

Conyers introduced a bill last term calling on Congress to determine whether there are grounds for impeaching Bush. Pelosi has steadfastly dismissed any talk of impeachment, saying Democrats should focus their efforts on ending the war in Iraq.

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hns23

03-06 10:50 PM

Hi:

I am planning to apply for Advanced Parole , my friend informed me we have to compulsary got for FingerPrinting. Is that true??

thanks
hns23

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pointlesswait

09-11 04:53 PM

I had a quick Q:

a.) DO you need latest paystubs for filing for 485.

Suppose, i am working for company A and company B has filed for my GC, then how can this be provided.

b.) Even if i am working for company A, do i still need pay stubs or will a letter stating that "this job is available for the immigrant" suffice.

thanks in advance.


<DING>..inputs plz...

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rick_rajvanshi

02-25 07:26 PM

I found the following link on USCIS web site

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=97e19c337879d110VgnVCM1000004718190aRCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD

Does this mean that USCIS is trying to speedup pending 485's ?

Read here and draw your own conclusions


http://imminfo.com/Newsletter/2009-2/AOS.html

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kumar1

12-17 05:49 PM

There is a retrogression in perm process..only those who came to this country before 2000 can file for PERM.
~
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kidding man.

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Blog Feeds

05-26 11:30 AM

The Senate has passed a resolution sponsored by Senators Kohl (D-WI), Voinovich (R-OH), Brownback (R-KS) and Wyden (D-OR) that recognizes June 6th, 1939 as one of the most shameful days in American immigration history. The text of S. Res. 111 tells the story: Recognizing June 6, 2009, as the 70th anniversary of the tragic date when the M.S. St. Louis, a ship carrying Jewish refugees from Nazi Germany, returned to Europe after its passengers were refused admittance to the United States. Whereas on May 13, 1939, the ocean liner M.S. St. Louis departed from Hamburg, Germany for Havana, Cuba with...

More... (http://blogs.ilw.com/gregsiskind/2009/05/resolution-would-recognize-ss-st-louis-tragedy.html)

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ski_dude12

09-13 12:25 AM

Firstly you need to update your profile and give some background related to your case.

You cannot expect someone to give you advice without knowing details of your case.

i have 1485 family based was denid . can i apply for green card through my nclex and nuring licence that i have? and how to do it

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immi_enthu

08-06 11:44 AM

may be the third USCIS FAQ answers this question. when is it coming ??

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cbpds

05-19 06:25 PM

hi,

I am planning to extend the visitor visa for my mom for another two months.
Her current I94 expires on June 25th and At POE the officer told her that she must go back after 6 months

If I apply for extension of her visa before 45 days and she leaves US on current I94 date (June 25th) since she did not get a result,
1.Does she need to apply for a new visa since her extension got rejected even though she left before her current I94 date?Will it affect her future visits in case that extension gets rejected.?

2.What happens if she gets a rejection before her current I94 expiry on July 25th, will she need leave earlier and apply for new visitor visa?

Appreciate your answers

Thanks

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arbhaat

06-21 10:36 AM

No. I have same situation and this thing never came up.

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chanduv23

02-17 02:40 PM

Dear IV Members,

We intend to have the next conference call on Saturday, March 01, 2008 at 12 Noon Eastern.

Attorney Prashanti Reddy will be answering questions from IV members. We will be opening up a thread shortly for members to post their questions.

Prashanti wishes to focus on these topics
"Since this is the H-1b season, and the quota is opening up on April 1. I am sure a lot of people will have questions on F-1 or L-1 or H-4 to H-1 transfers or H-1b consular processing.

Also EB-2 India is unavailable, lot of people will have questions on what to do"

Apart from these, please feel free to post questions on other topics also, like usage of EAD, AC21 ......

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Preeti123

12-01 08:56 PM

Hi All,

I have got an RFE for my I-485 application. . I missed to complete a question (part3 and question #10) in I-485 form for which I got a request for evidence letter from USCIS. Can anyone has any template on how i should reply. Your help is much appreciated . Thanks in advance

--Preeti.


USCIS Letter:
-------------------------------------------
You did not properly complete part 3 question 10 of your form I-485 applicatio.
Question # 10: Are you under a final order of Civil Penalty for violating section 274C of the immigration and Nationality Act for use of
fraudulent documents or by fraud or willful misrepresentation of a material fact, ever sought to procure, or procured, a visa, other documentation, entry into the United States or any immigration benefit.

Therefor submit an affidavit with your answer to this question a 'Yes' or 'No' response.

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06-21 01:22 PM

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gcdreamer05

06-22 02:52 PM

Hi for IRS n Tax purposes you are a resident alien (even though you may be a non-immigrant h1b or using EAD) that is different.

This form is not applicable to you. Tell the credit union that you are resident alien and then they will understand.

No need to fill this form.

Instead you need to apply for TIN (Tax Payer Identification Number) Form W-9 for your wife and get a TIN and use that TIN while adding as a dependent.

You can either file the TIN yourself or go to HnR block or some other service. Usually they file for TIN while filing tax return...

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01-12 10:44 AM

Mine is in Nebraska, FP just expired and got them redone.

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Ann Ruben

01-24 05:25 PM

If you engage in employment, including self-emplyment outside of your H1 employment you violate the terms of your H1 status. If USCIS becomes aware of such employment, they will find that you gave up H1 status.

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GetGC08

07-30 02:11 PM

Hello,

In my LCA(H1B) Prevailing wage is $ 55K & in my Labor(PERM) application Prevailing wage is $ 65K.

My labor(PERM) has been approved & I-140 is in process at TSC.

My question is
This diffrence between LCA mentioned prevailing wage(i.e. $55K) & Labor(PERM) prevailing wage(i.e. $65K) going to create any problem at stage of I-140 or later in I-485??

I am getting paid as mentioned in LCA i.e. $55K.

I will greatly appreciate response.

Thanks.

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leo2606

09-28 04:33 PM

What is the point?:confused:

Please post here in case anyone sees 485 approval between 09/29/2008 to 09/30/2009

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LostInGCProcess

10-07 05:28 PM

I saw this link where it say he is to resign in March 1 2008.

http://www.theindianstar.com/index.php?uan=3503

"Prakash to quit USCIS Ombudsman March 1"

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go_guy123

04-16 10:40 AM

How Does USCIS check how long you are with your employer after GC ?
if they check pay checks during Naturalization Interview ?

Any Naturalized members here ,could you post your Interview experience

6 months wait is deemed good

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shruthii_1210@yahoo.com

10-11 07:19 PM

Hi,
I have been searching in the inernet for quite some time and looks like
the following questions are still not answered properly. So any of you here who actually used the AC21 in the past can answer the below questions and it will help lot of people on this board.

1) When the employee don't have I-140 receipt number and I-140 approval copy , is it okay to use AC21 after 180 days ?

2) Do we need to have I-140 approval copy for the EAD renewal ?

Guru's please help

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02-09 10:40 PM

Immigration Trackers for USA Canada UK Australia (http://www..com)

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dahai

03-10 05:14 PM

Hi,

My wife has received the ASC notice of biometric appointment. But I did not. She filed as dependent of my concurrent I-140 + I-485 case. I am wondering if there is anything wrong. Should we receive the notice together? Or it is normal to have seperate appointments? Then how long could be the interval between the notices? Anyone in the same situation before? Could I find it out by Infopass appointment?

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sunny1000

02-01 03:32 PM

You need to have a labor application filed (need not be approved) 365 days before the expiry of the 6th year in order to get the 7th year extension.

MurthyDotCom : H1B Extensions Under the 21st Century DOJ Appropriations Act (http://www.murthy.com/news/UDh121st.html)

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Blog Feeds

04-27 11:00 AM

DHS' misrepresentations to communities regarding their ability to opt out of the controversial Secure Communities program has drawn the attention of Zoe Lofgren, the ranking Democrat onthe House Immigration Subcommittee. From the LA Times: A California congresswoman Friday called for an investigation into the actions of federal immigration officials, saying they lied about whether counties and states had the right to opt out of a controversial nationwide enforcement program that screens for illegal immigrants in local jails. "It is inescapable that the [Department of Homeland Security] was not honest with the local governments or with me" about whether local jurisdictions...

More... (http://blogs.ilw.com/gregsiskind/2011/04/lofgren-calls-for-investigation-of-dhs-representations-on-secured-communities.html)

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gcpool

11-15 03:03 PM

Say if one has two I-140 and wish to port the priority from the older one to the later one. And if the USCIS does not agree with your filing(maybe they will say the filing is not possible or not portable). What will they do? Will they deny the I-485 or will they just reject the application. If so will it cause an issue when the later priority date is reached and during the application of the following I-485.

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kena123

09-14 12:25 PM

Hi, we gat our GCs in aug 2008. My husband works for a Swiss bank in US. They are offering a promotion and move to Europe. If he accepts how will it affect our GC and eligibility for Citizenship in the future.

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segio

06-20 01:30 PM

Thanks. But I heard if they find something critically wrong on 485 form, they may reject it and return it in as long as 3 month! Why can't they just make sure the forms are OK and then start the name check?

immediately after USCIS receives your application

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rkdownload

04-19 08:38 AM

I have been working as a consultant, due to the tight job market conditions I am not able to find my next contract in bay area, which was my current location when we filed I485 in Aug 2007. So, may be we got to relocate to other state say Texas. So, I was wondering what would be the impact of the move on our pending I485 applications after we change address using AR11 form. Should we avoid such move while I485 is pending?

Any Advice/Suggestions?

Thanks
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logiclife

01-26 12:35 PM

If you new H1 is approved with new employer (for 1 year or 3 years) and if the 140 is revoked AFTER your new H1 is approved, then it wont affect your H1 and it will be valid thru its term.

But if your old 140 is revoked, you will have to get new labor and new 140 going on before your new H1 expires.

talk to a lawyer to make sure though.

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10-30 10:46 AM

Great Job Sertasheep.

I was not able to find any videos on that page though???

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01-31 11:13 AM

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04-23 09:30 AM

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venkat_shiv

07-26 09:58 AM

Hi,

I want to know if i can get a GC without the labour filing. I am currently on L1A visa, but i came into US initially on H1B visa. Given below are the details

H1B petition approved on: 10/01/2005
Entry into USA on H1B : 04/23/2006
L1A petition approved on : 09/23/2008

Different people tell me different things, some say i will still be considered as H1B and hence have to go through labour filing since i entered USA in H1B status. Some say since my current visa is L1A, i qualify for EB1 category and hence labour is not required and i will get the GC in 6 months. Not sure what is true.

please let me know

Thanks

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boreal

01-10 02:30 PM

I was trying to find out if one can transfer from b1/b2 visa category to H1- B visa within the valid period of stay(i.e before the expiry of the I-94).

Go out of the country and come back in H1 status, provided you have a valid H1-B. (Can go to Canada also). Otherwise, too many hassles. (non-immigrant vs immigrant intent)

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tnite

12-05 03:32 PM

I am July 2nd filer and got EAD approved.

My 485 notice has Received Date as July 19th 2007 and Notice Date as October 17th 2007.

Do i need to calculate 180 days from July 19th 2007 OR Oct 17th 2007 if i want to change the jobs?

July 19th..It's always the Receipt date

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martinvisalaw

03-18 03:57 PM

Yes. The petition will be like a regular change of employer H-1B petition. The lawyers will tell you what documents they need from you when filing the company's H-1B petition.

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