roseball
06-27 01:23 PM
Yes, go ahead and upgrade your pending H1 extension to premium processing. As per the law, USCIS can deny your H1 extension if a 485 is pending at the time a decision is taken on the H1 extension petition...This is a possibility only if they check if a 485 is pending while they adjudicate your extension petition.....
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abhisam
08-18 03:39 PM
this is the first time I have heard such a situation. as far as I know..uscis had to do either of the two things..return the package or send reciept notice. I dont think they are allowed to keep the application fees if they dont intend to process the petition.
Please check with other people..but what your lawyer is saying does not sound right to me. Have you checked with the company sponsoring your brothers H1-B? maybe they can ask the lawyer for a definite answer.
Also, did you apply under regular processing or premium processing? if it was premium processing..USCIS had to give an answer by April end.
Please check with other people..but what your lawyer is saying does not sound right to me. Have you checked with the company sponsoring your brothers H1-B? maybe they can ask the lawyer for a definite answer.
Also, did you apply under regular processing or premium processing? if it was premium processing..USCIS had to give an answer by April end.
perm2gc
11-30 10:09 PM
Hi,
I am in a fixed situation and in big dilemma.
My H1 is expiring in 2007 June first week.
My current employer's (A) attorney is useless and I had to struggle for a year to get my labor filed.
Labor got approved recently and still struggling to file my I-140 in premium.
Meanwhile, I got an offer for permanent employment in a good organization (B).
I would like take that offer but issues that are bothering me are:
1. If I wait and finish my I-140 with current company (A), do I have to get 3 years H1 extension with Company (A) before transferring to company (B)?
2. Do company (B) have rights to extend my H1 visa for 3 years with I-140 approval from current company (A)?
3. Is it safe to switch companies immediately after I-140 approval? I thought 180 days time is preferred but I don�t have the luxury of waiting for 180 days.
Please help me with these questions.
Thanks!!!
Welcome to immigrationvoice.Please search the forum before posting a new thread..your type of scenario has been discussed and properly addressed by the members.Here is one such thread.
http://immigrationvoice.org/forum/showthread.php?t=2417.
If that didnot help you..i request to take some time to search the forum.
I am in a fixed situation and in big dilemma.
My H1 is expiring in 2007 June first week.
My current employer's (A) attorney is useless and I had to struggle for a year to get my labor filed.
Labor got approved recently and still struggling to file my I-140 in premium.
Meanwhile, I got an offer for permanent employment in a good organization (B).
I would like take that offer but issues that are bothering me are:
1. If I wait and finish my I-140 with current company (A), do I have to get 3 years H1 extension with Company (A) before transferring to company (B)?
2. Do company (B) have rights to extend my H1 visa for 3 years with I-140 approval from current company (A)?
3. Is it safe to switch companies immediately after I-140 approval? I thought 180 days time is preferred but I don�t have the luxury of waiting for 180 days.
Please help me with these questions.
Thanks!!!
Welcome to immigrationvoice.Please search the forum before posting a new thread..your type of scenario has been discussed and properly addressed by the members.Here is one such thread.
http://immigrationvoice.org/forum/showthread.php?t=2417.
If that didnot help you..i request to take some time to search the forum.
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GC20??
07-30 02:44 PM
I was successful in getting information for me and my wife in the same appointment twice. But to be safe I will book another appointment. If the IO had a bad day he/she may reject to give infomation on your wife's case :)
"But to be safe I will book another appointment."
what I mean here is book another appointment around same time as yours and when you are called goto the counter together. If IO rejects to provide info on your wife's case then you can use the other appointment.
"But to be safe I will book another appointment."
what I mean here is book another appointment around same time as yours and when you are called goto the counter together. If IO rejects to provide info on your wife's case then you can use the other appointment.
more...
stemcell
09-24 04:13 PM
It is best to initiate the GC process. Agreed current times are unfavorable ( LC is taking time etc etc ). But if your LC and I-140 are approved you can switch jobs and port PD assuming you change companies with the same job description.
My 0.02
this may not be applicable for everybody.
My 0.02
this may not be applicable for everybody.
akela_topchi
01-20 12:42 AM
Dear Friends
I have a friend who is currently on H1B, currently on vacation in home-country, and stuck in PIMS verification.
1. he has H1B from current employer (valid till 2009) - Employer1.
2. another H1B from previous employer - Employer2. Previous employer ready to hire him again.
3. His spouse filed for his GC and his EAD, AP has already been received. Spouse has approved PERM, pending i140 and pending AOS.
He came on H4, converted to H1B (with Employer2), then switched to Employer1. Then went on vacation, and appeared for H1 re-stamping interview with i797, documents provided by current employer (Employer1).
Now he is stuck in PIMS verification, and the current employer want him to join asap and threatening to terminate her employment.
Assuming that current employer does not revoke H1B, but terminates him, can you help answer following doubts -
[A] validity of such a stamp on passport -
Q1. Will the visa stamp (with current employer) be vaild?
Q2. Previous employer hasn't revoked the H-1B, will that still be usable for jobs, re-entry?
[B] Re-entry
Q3. Inspite of termination, can the stamp and i797 of the current employer valid for re-entry?
Q4. Should he rather use i797 of the previous employer + passport (with stamp of current employer) for re-entry? Previous employer can provide offer letter and job description etc.? Is this route valid and will they allow re-entry on this?
Q5. Though he wants to continue on H-1B, but if his current situation may result in violation of any provisions, should he rather use Advance parole to re-enter?
THANKS A LOT IN ADVANCE FOR ALL YOUR RESPONSES!!!!
I have a friend who is currently on H1B, currently on vacation in home-country, and stuck in PIMS verification.
1. he has H1B from current employer (valid till 2009) - Employer1.
2. another H1B from previous employer - Employer2. Previous employer ready to hire him again.
3. His spouse filed for his GC and his EAD, AP has already been received. Spouse has approved PERM, pending i140 and pending AOS.
He came on H4, converted to H1B (with Employer2), then switched to Employer1. Then went on vacation, and appeared for H1 re-stamping interview with i797, documents provided by current employer (Employer1).
Now he is stuck in PIMS verification, and the current employer want him to join asap and threatening to terminate her employment.
Assuming that current employer does not revoke H1B, but terminates him, can you help answer following doubts -
[A] validity of such a stamp on passport -
Q1. Will the visa stamp (with current employer) be vaild?
Q2. Previous employer hasn't revoked the H-1B, will that still be usable for jobs, re-entry?
[B] Re-entry
Q3. Inspite of termination, can the stamp and i797 of the current employer valid for re-entry?
Q4. Should he rather use i797 of the previous employer + passport (with stamp of current employer) for re-entry? Previous employer can provide offer letter and job description etc.? Is this route valid and will they allow re-entry on this?
Q5. Though he wants to continue on H-1B, but if his current situation may result in violation of any provisions, should he rather use Advance parole to re-enter?
THANKS A LOT IN ADVANCE FOR ALL YOUR RESPONSES!!!!
more...
dreamworld
07-18 12:58 PM
I do not know about the number of recipts#, but if you gave the checks for the applications then most of the banks give images of cashed-check. That image will have the recipt number printed on the back side of check.
BTW, When did your 485 application/package reach USCIS? June or July 2007
BTW, When did your 485 application/package reach USCIS? June or July 2007
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mailmy_gc
05-19 03:33 PM
hi
I think these days especially (Nebraska service center) is looking for every possible to give RFE. RFE Looks like not complicated but you need to explain in detail every item.
Hope some senior members or attorney will help you.
All the best -
I think these days especially (Nebraska service center) is looking for every possible to give RFE. RFE Looks like not complicated but you need to explain in detail every item.
Hope some senior members or attorney will help you.
All the best -
more...
DallasBlue
09-15 12:37 AM
am loving it !!
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Blog Feeds
11-16 02:40 AM
As we move closer to an Immigration reform, even government officials agree that such major change is very necessary. Here are some remarks by Secretary Napolitano on Immigration Reform at the Center for American Progress:
Over the past year, as this Administration has pursued more effective strategies within the current laws, the picture of how exactly those laws need to be changed has become clearer than ever before. In the past ten months, we have made tough choices, and implemented significant reforms within the current legal framework�but they are not enough to create the system that we want or that we need. If we are truly going to fix a broken system, Congress will have to act.When it comes to immigration, I took an oath as Secretary of Homeland Security to secure the nation by enforcing the law and managing legal flows across the border. Let me be clear: to do this job as effectively as possible, DHS needs immigration reform.Reform legislation would provide lasting and dedicated resources at our borders, and provide some critical legal tools that we don�t currently have to combat smuggling organizations. For example, we need tougher anti-smuggling laws in dealing with the aggravated crimes smugglers commit�including assaulting law enforcement officers, endangering children, threatening relatives and abandoning people in the desert� hundreds of whom succumb to death from heat and lack of water. We also need to update current laws that don�t cover some of the new means by which criminals conduct their business. For instance, today�s smugglers and drug traffickers often move cash through �stored value� cards, which aren�t even considered monetary instruments under the current money-smuggling laws.In addition, we need improvements to the current law when it comes to interior and worksite enforcement. Dishonest businesses often ignore the civil fines for illegal employment now on the books because they�re so low. It�s also very difficult to prosecute these crimes as felonies because of the over-elaborate intent requirements built into the current statutes.
Read more here... (http://www.dhs.gov/ynews/speeches/sp_1258123461050.shtm)
More... (http://www.visalawyerblog.com/2009/11/why_dhs_needs_immigration_refo.html)
Over the past year, as this Administration has pursued more effective strategies within the current laws, the picture of how exactly those laws need to be changed has become clearer than ever before. In the past ten months, we have made tough choices, and implemented significant reforms within the current legal framework�but they are not enough to create the system that we want or that we need. If we are truly going to fix a broken system, Congress will have to act.When it comes to immigration, I took an oath as Secretary of Homeland Security to secure the nation by enforcing the law and managing legal flows across the border. Let me be clear: to do this job as effectively as possible, DHS needs immigration reform.Reform legislation would provide lasting and dedicated resources at our borders, and provide some critical legal tools that we don�t currently have to combat smuggling organizations. For example, we need tougher anti-smuggling laws in dealing with the aggravated crimes smugglers commit�including assaulting law enforcement officers, endangering children, threatening relatives and abandoning people in the desert� hundreds of whom succumb to death from heat and lack of water. We also need to update current laws that don�t cover some of the new means by which criminals conduct their business. For instance, today�s smugglers and drug traffickers often move cash through �stored value� cards, which aren�t even considered monetary instruments under the current money-smuggling laws.In addition, we need improvements to the current law when it comes to interior and worksite enforcement. Dishonest businesses often ignore the civil fines for illegal employment now on the books because they�re so low. It�s also very difficult to prosecute these crimes as felonies because of the over-elaborate intent requirements built into the current statutes.
Read more here... (http://www.dhs.gov/ynews/speeches/sp_1258123461050.shtm)
More... (http://www.visalawyerblog.com/2009/11/why_dhs_needs_immigration_refo.html)
more...
nirmal301
03-26 12:44 AM
Hello Mates & Buddies,
I am currently holding Indian Citizenship and planning to file my H1 on Indian passport.
But at this year end I am also planning to take my Australian Citizenship.
So could anyone please suggest or share his experience whether transferring H1 on totally new citizenship is possible or not ? if yes then what's the way ?
And does anyone has any experience or knowledge of E3 (Australian Work visa to USA).
Thank in advance !!!
Always,
Nirms
I am currently holding Indian Citizenship and planning to file my H1 on Indian passport.
But at this year end I am also planning to take my Australian Citizenship.
So could anyone please suggest or share his experience whether transferring H1 on totally new citizenship is possible or not ? if yes then what's the way ?
And does anyone has any experience or knowledge of E3 (Australian Work visa to USA).
Thank in advance !!!
Always,
Nirms
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trnandakumar
11-03 07:10 PM
I was looking at status of my EAD I applied on 15th October'2008 online at TSC.Status shows that my card has been ordered for production on 31st October.I received letter for Biometric appointment on 5th November. I went to ASC on Saturday( 11/1/2008) and had my fingerprinting done.
How can they order the card on 31st october when my biometrics were done by that date and my appointment was set for 5th Nov 2008 ? Anybody faced the same situation? I had gone for finger printing for I-485 this January.
I got FP notice for my EAD one month after I got my EAD in hand.
How can they order the card on 31st october when my biometrics were done by that date and my appointment was set for 5th Nov 2008 ? Anybody faced the same situation? I had gone for finger printing for I-485 this January.
I got FP notice for my EAD one month after I got my EAD in hand.
more...
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eb3retro
09-26 11:25 AM
Guys I am posting this under General Information knowing that this is definitely not an immigration related question. So, please control your urge for giving negative reps. I have booked a wheelchair for my mom who cannot walk properly in Frankfurt airport during her transit of flights. Do they generally take them till the next flight gate? Also, there is only one hour time gap between these 2 flights? Will this be sufficient for them to take her to the next flight gate. Has anyone used this service for your parents and what are their experiences?
Thanks in advance.
btw, the airlines that she is travelling is lufthansa.
Thanks in advance.
btw, the airlines that she is travelling is lufthansa.
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tinamatthew
07-20 11:55 PM
I value the contribution of IV a lot, but saying that you will get an answer only if you contribute is lame.. This is a public forum and all contributions are voluntary. Your answer degrades the noble cause of IV. :rolleyes: :rolleyes:
Good answer Loudobbs!! janilsal pls refrain from making such announcements - it is not nice
Good answer Loudobbs!! janilsal pls refrain from making such announcements - it is not nice
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Ann Ruben
02-01 09:50 PM
Deepadandamudi,
Because you are not currently invalid non-immigrant status, you are not entitled to a change of status to H-1. But, once an H-1 petition is approved on your behalf, you can leave the US, obtain an H-1 visa stamp in your passport and then return to the US using that visa. Unless your employer is exempt from the H-1 cap, the earliest you could do this would be Oct. 2010.
As long as you remain legally married you are entitled to the EAD, and you can maintain both documents. However, if you work for another employer using your EAD you will violate your H-1 status.
Because you are not currently invalid non-immigrant status, you are not entitled to a change of status to H-1. But, once an H-1 petition is approved on your behalf, you can leave the US, obtain an H-1 visa stamp in your passport and then return to the US using that visa. Unless your employer is exempt from the H-1 cap, the earliest you could do this would be Oct. 2010.
As long as you remain legally married you are entitled to the EAD, and you can maintain both documents. However, if you work for another employer using your EAD you will violate your H-1 status.
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rockdanation
03-14 12:24 AM
Can someone please explain what is Form G-639 for . I googled on G-639 but it seems my case fits more on cases when this shouldn't be used. Please please someone please try to understand. All I have is my SSN and all I know is my I-140 is being filed and approved. I don't have the SRC number.
more...
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pasupuleti
04-04 03:20 PM
Here is the link explaining contributions to IV are legal..
http://immigrationvoice.org/index.php?option=com_content&task=view&id=43&Itemid=48
http://immigrationvoice.org/index.php?option=com_content&task=view&id=43&Itemid=48
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dealsnet
11-04 09:46 AM
Why you are giving news about illegal immigration. IV is for legal immigrants.
Don't confuse this issue with ANTI-IMMIGRANTS.
Don't confuse this issue with ANTI-IMMIGRANTS.
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Digitalosophy
09-23 12:27 PM
Hey Flash, would you be interested in a non profit Digitalosophy project?
Basically it's a file sharing app (flash, xml, php, asp, etc). I really need a logo, and some design work.
Of course, there isn't any payment as it's non profit, and geared toward Kirupa user's as long as your a member here, you can access the app.
I have another guy working with me, hopefuly I can round up a few more peeps.
Of course you will get full credit for whatever work you do on the site credits page.
this is mainly a portfolio builder, if your interested hit me up on AIM, if not pm me and i'll delete this.
Basically it's a file sharing app (flash, xml, php, asp, etc). I really need a logo, and some design work.
Of course, there isn't any payment as it's non profit, and geared toward Kirupa user's as long as your a member here, you can access the app.
I have another guy working with me, hopefuly I can round up a few more peeps.
Of course you will get full credit for whatever work you do on the site credits page.
this is mainly a portfolio builder, if your interested hit me up on AIM, if not pm me and i'll delete this.
xgr3
05-21 11:06 PM
My I-485 status is updated with the below message. LUD 05/21/2009. Surprisingly they mailed the document on 09 March 2009 and status update is on 05/21/2009
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
***On March 9, 2009*** we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Previous LUD 03/31/2009 after completing FP in March 2009 with this message.
Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
Any clue, whats going on ?
Thanks
---------------------------------
Category : EB3
Labor PD: Jul 2006
I-140: approved
I-485/EAD: applied on July 2007
Finger Print - Completed two biometrics on March 2009
Medical is pending
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
***On March 9, 2009*** we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Previous LUD 03/31/2009 after completing FP in March 2009 with this message.
Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
Any clue, whats going on ?
Thanks
---------------------------------
Category : EB3
Labor PD: Jul 2006
I-140: approved
I-485/EAD: applied on July 2007
Finger Print - Completed two biometrics on March 2009
Medical is pending
iman.karta
12-28 05:54 PM
Shiva,
Thanks for your info. Based on these cases you read, do you recall whether they are approved at the end? I am getting a bit worrrier now. ;(
Thanks for your info. Based on these cases you read, do you recall whether they are approved at the end? I am getting a bit worrrier now. ;(
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