pa_arora
05-15 07:08 PM
Just curious, why are we not including the HR 6039 - that exempts US grads from the quota?
Yes please include HR6039 as well in ur talk/discussion. It will definitely shorten the EB2 and EB1 queue.
Yes please include HR6039 as well in ur talk/discussion. It will definitely shorten the EB2 and EB1 queue.
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rolrblade
07-26 06:49 AM
Hi
I have a H1B visa valid till Apr 2009(still i can extend 3 more years). I am going to file I-140 and I-485 together on EB2 category. Along with this I am going to apply EAD for me and my wife.
What will be the status of my H1B if my EAD got approved and I-140 is still pending. In case if my I-140 get rejects, will i be out of status or I can continue with same H1B if i don't change company?
Or better to apply EAD for me (not to my wife) after the I-140 approval?
Please help me..
Thanks in advance.
--Raj
What you have asked is a question that has been answered quite a few times on this board. Could you please try to read through those and if you have a follow up question then please post or PM me.
Also, I thik you want to ask if I-140 gets "revoked" Is that the case ? If not and you are really taling about I-140 REJECTION then cheg's statement above holds true.
I have a H1B visa valid till Apr 2009(still i can extend 3 more years). I am going to file I-140 and I-485 together on EB2 category. Along with this I am going to apply EAD for me and my wife.
What will be the status of my H1B if my EAD got approved and I-140 is still pending. In case if my I-140 get rejects, will i be out of status or I can continue with same H1B if i don't change company?
Or better to apply EAD for me (not to my wife) after the I-140 approval?
Please help me..
Thanks in advance.
--Raj
What you have asked is a question that has been answered quite a few times on this board. Could you please try to read through those and if you have a follow up question then please post or PM me.
Also, I thik you want to ask if I-140 gets "revoked" Is that the case ? If not and you are really taling about I-140 REJECTION then cheg's statement above holds true.
delax
08-06 11:59 AM
It is EB2, labor approval date is my PD - No idea, why profile does not show up.
Wow! Another 2006 approval. Congrats!
Wow! Another 2006 approval. Congrats!
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vts31
10-22 04:23 PM
wtf! u guys are fast!
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pointlesswait
01-21 11:22 AM
it sounds like it came right out of his a$$
:p
This rumour sounds like its straight out of timesofindia :p;)
:p
This rumour sounds like its straight out of timesofindia :p;)
simple1
06-18 04:50 PM
My intent is not to divide IV. I was just highlighting EB non-ROW.
Forgive my ignorance. Is there any specific Issues that hamper EB-ROW ?
Please enlighten me.
Why would you divide employment based immigration in to ROW vs non-ROW? Do you think folks from ROW don't deserve any relief? This is the kind of mentality which divides this small community of EB immigrants. This community is extremely small as it is in grand scheme of things so please don't try to divide it any further and make this community so small that it becomes irrelevant. Just a piece of advise.
Forgive my ignorance. Is there any specific Issues that hamper EB-ROW ?
Please enlighten me.
Why would you divide employment based immigration in to ROW vs non-ROW? Do you think folks from ROW don't deserve any relief? This is the kind of mentality which divides this small community of EB immigrants. This community is extremely small as it is in grand scheme of things so please don't try to divide it any further and make this community so small that it becomes irrelevant. Just a piece of advise.
more...
absaarkhan
01-10 04:28 PM
You Can work for the same Employer On H1 even after entering US on AP.
It is NOT clear Yet if we can file for H1 Transfer with another employer after entering US on Advance Parole.
Please let us know if anybody has done this successfully.
It is NOT clear Yet if we can file for H1 Transfer with another employer after entering US on Advance Parole.
Please let us know if anybody has done this successfully.
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lahiribaba
03-30 01:20 AM
Thank you guys for helping me.
Could you tell me please if it's ok to write where it's written "purpose of trip"........that I want to travel to visit my parents......is it ok with Uscis if I write that? Or what else should I write.
Thanks again!
If you cannot f***ing write that you are visiting your parents then you better not live in a country like thatt...are you a fool or what??
Could you tell me please if it's ok to write where it's written "purpose of trip"........that I want to travel to visit my parents......is it ok with Uscis if I write that? Or what else should I write.
Thanks again!
If you cannot f***ing write that you are visiting your parents then you better not live in a country like thatt...are you a fool or what??
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GCwaitforever
09-12 08:15 PM
Unpaid vacation is acceptable. Consultants working on hourly basis do not get paid when they do not work. As long as you come on top of prevailing wage rate and the annual salary quoted on the LCA at the end of the year, it does not matter. USCIS understands that you need a vacation too and can not work like a machine throughout the year.
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mrajatish
04-17 03:29 PM
I have heard of a couple of folks facing this unforseen delay- this happens when your case is audited.
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vactorboy29
03-12 11:41 PM
Congratulations!
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satishku_2000
06-03 04:32 AM
Keith Ellison, Congressman from MN was in Milwaukee, WI today.
I had a chance to meet with him on a small gathering for his fund raiser.
He is a member of Judiciary commitee.
We asked him questions on how to become more active in Politics, how Congress works etc etc.
He gave a good example:
He said politicians are like a mom with many kids..one kid is labor union asking for help for their issues, other is teachers union etc etc.
And if one kid is shy and does not say anything then he is not going to get anything.
Point is very simple, Congress needs to heard like crazy from legal Immigrants about issues. So please on Mon during lunch call your congressman every day for next week. Send them faxes, emails etc.
So when they vote they know that what are issues for legal immigrants.
If you don't then you won't get anything. It is that simple.
thanks,
engineer
Hey
buddy nice post , did u get a chance to discuss any of our issues with the congressman?
I had a chance to meet with him on a small gathering for his fund raiser.
He is a member of Judiciary commitee.
We asked him questions on how to become more active in Politics, how Congress works etc etc.
He gave a good example:
He said politicians are like a mom with many kids..one kid is labor union asking for help for their issues, other is teachers union etc etc.
And if one kid is shy and does not say anything then he is not going to get anything.
Point is very simple, Congress needs to heard like crazy from legal Immigrants about issues. So please on Mon during lunch call your congressman every day for next week. Send them faxes, emails etc.
So when they vote they know that what are issues for legal immigrants.
If you don't then you won't get anything. It is that simple.
thanks,
engineer
Hey
buddy nice post , did u get a chance to discuss any of our issues with the congressman?
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godspeed
03-23 09:49 AM
I have filed for Advance parole the second time, got it approved and the documents in hand in about 4 weeks.
The dates can be tentative, put in a date when you think you might travel, its not hard and fast so guesstimate.
The list of docs to be sent with your AP form are :
� Filled in form I-131
� Check
� 2 Photographs
� Copy of I-485 receipt notice
� Copy of previous approved advance parole document(if any)
� Copy of passport pages
� Copy of drivers license
Hope this was helpful
Could someone tell me please.....I'm filling the application for advance parole the first time......what should I write where it is written: " Date of intended departure"...if I dont know exactly when I'm leaving....should I write a date or should I write " I dont know yet?"
And also I read that the documents required are 2 photos, I-485 receipt notice, I-140 approval notice.....is that right? or what other documents do I need?
I would highly appreciate your help!
Thnaks in advance!
The dates can be tentative, put in a date when you think you might travel, its not hard and fast so guesstimate.
The list of docs to be sent with your AP form are :
� Filled in form I-131
� Check
� 2 Photographs
� Copy of I-485 receipt notice
� Copy of previous approved advance parole document(if any)
� Copy of passport pages
� Copy of drivers license
Hope this was helpful
Could someone tell me please.....I'm filling the application for advance parole the first time......what should I write where it is written: " Date of intended departure"...if I dont know exactly when I'm leaving....should I write a date or should I write " I dont know yet?"
And also I read that the documents required are 2 photos, I-485 receipt notice, I-140 approval notice.....is that right? or what other documents do I need?
I would highly appreciate your help!
Thnaks in advance!
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md2003
04-05 08:36 AM
I talked to my company (i.e company A) about my decision to join company B. He provided the following explaination :
1. EB2 to EB2 porting is not possible: According to him EB3 to EB2 porting seems possible but he wasnt sure about EB2 to EB2. He needs to look into the matter. Can you please provide some more information on this...
Ans: you can port your priority date from A to B as long as i140 is not cancelled because of fraud. No problem whether it is EB2 to EB2 or Eb3 to EB2
2. Query on Ability to Pay: He said that when company files 140 for current employee who are on company payroll right now, he might get REF regarding ability to pay. At that time he has to cancel my 140 as well as number of approved 140 that are unaccounted for (i.e employee left or he didnt cancel), to prove company's ability to pay for current employees. So his argument was that it will be difficult for him to retain my 140 for next 1 year. But i believe GC is for future employment and he has to pay me the salary as per the LC. The company seems to be making good amount of profit. So i feel he is trying to hold me back by providing excuses. Or is this a valid reason ?
Ans: company 'A' may be correct. He need to cancel your i140 as soon as leave the company.It depends on employer. Some companies does some companies not.
But, i am not sure whether you can port your priority date or not if 'A' cancel your i140.
Few Attornies saying yes few saying no.
1. EB2 to EB2 porting is not possible: According to him EB3 to EB2 porting seems possible but he wasnt sure about EB2 to EB2. He needs to look into the matter. Can you please provide some more information on this...
Ans: you can port your priority date from A to B as long as i140 is not cancelled because of fraud. No problem whether it is EB2 to EB2 or Eb3 to EB2
2. Query on Ability to Pay: He said that when company files 140 for current employee who are on company payroll right now, he might get REF regarding ability to pay. At that time he has to cancel my 140 as well as number of approved 140 that are unaccounted for (i.e employee left or he didnt cancel), to prove company's ability to pay for current employees. So his argument was that it will be difficult for him to retain my 140 for next 1 year. But i believe GC is for future employment and he has to pay me the salary as per the LC. The company seems to be making good amount of profit. So i feel he is trying to hold me back by providing excuses. Or is this a valid reason ?
Ans: company 'A' may be correct. He need to cancel your i140 as soon as leave the company.It depends on employer. Some companies does some companies not.
But, i am not sure whether you can port your priority date or not if 'A' cancel your i140.
Few Attornies saying yes few saying no.
more...
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martinvisalaw
12-01 06:00 PM
The relevant dates, as I see it, are:
10/06: H-1B ext filed
12/06: H-1B expired, ext still pending
7/07: 485 filed.
??: H-1B ext denied?
Using INA 245k you may be able to argue that you are eligible to adjust because you may not have violated status for over 180 days, or at all, before filing the 485. Recent CIS memos on the issue of unlawful presence and related topics have made this a very complicated subject, so you really need to review the entire history with an immigration attorney in a formal consultation.
10/06: H-1B ext filed
12/06: H-1B expired, ext still pending
7/07: 485 filed.
??: H-1B ext denied?
Using INA 245k you may be able to argue that you are eligible to adjust because you may not have violated status for over 180 days, or at all, before filing the 485. Recent CIS memos on the issue of unlawful presence and related topics have made this a very complicated subject, so you really need to review the entire history with an immigration attorney in a formal consultation.
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permfiling
02-01 09:52 PM
Hello there
I am student from Tri-valley university. On Jan 20th the college got shut down. I am working on CPT. I came to know about the shut down through my friends, with whom immigration officers met. Although no immigration officers contacted me by any means, my friends suggested me to look for another college and get enrolled as soon as within 30 days. While I tried to enroll in another college, I came to know that still the sevis is not yet released. Until the college releases our sevis, we are unable to enroll in any other college. We are elible to work only if we enroll into the college, get an I-20 and CPT. Now I am worried because until they release our sevis, the admissions in other colleges will meet deadline and what happens if they no more take admissions. Do you have any idea how long can it take for them to release our sevis ? Will it be safe for students like me hereafter to work fulltime on CPT ?
Thank you
Chaitanya
If you came to know that your school got shutdown from friends which indicates that you did not go physically to school. I myself was a student 10 yrs ago and I understand the hardships the student goes through but rules where rules always which are
1. Working on F1 without work authorization from school is deport able
2. Not maintaining grades also will result in loss of admission
It looks like your concern is to get a CPT to work rather then study. Until you are enrolled in school, you cannot work without proper authorization.
I am student from Tri-valley university. On Jan 20th the college got shut down. I am working on CPT. I came to know about the shut down through my friends, with whom immigration officers met. Although no immigration officers contacted me by any means, my friends suggested me to look for another college and get enrolled as soon as within 30 days. While I tried to enroll in another college, I came to know that still the sevis is not yet released. Until the college releases our sevis, we are unable to enroll in any other college. We are elible to work only if we enroll into the college, get an I-20 and CPT. Now I am worried because until they release our sevis, the admissions in other colleges will meet deadline and what happens if they no more take admissions. Do you have any idea how long can it take for them to release our sevis ? Will it be safe for students like me hereafter to work fulltime on CPT ?
Thank you
Chaitanya
If you came to know that your school got shutdown from friends which indicates that you did not go physically to school. I myself was a student 10 yrs ago and I understand the hardships the student goes through but rules where rules always which are
1. Working on F1 without work authorization from school is deport able
2. Not maintaining grades also will result in loss of admission
It looks like your concern is to get a CPT to work rather then study. Until you are enrolled in school, you cannot work without proper authorization.
more...
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ronhira
10-26 02:34 PM
Irrespective of political parties or the issues, I am proud of this Indian guy standing up against "fair and balanced fox news"
he must be a citizen (since he is chairman of Milwaukee, WI, Dem party) - wonder if IV members from the area could approach him to stand up for us too..........
Fox News Crew Gets Scolded At Democratic Meeting (VIDEO) (http://www.huffingtonpost.com/2010/10/26/fox-news-wisconsin-democrats_n_774164.html)
& y do u think this guy or someone like him will stand up for us when v r not willing to stand up for our issues?
he must be a citizen (since he is chairman of Milwaukee, WI, Dem party) - wonder if IV members from the area could approach him to stand up for us too..........
Fox News Crew Gets Scolded At Democratic Meeting (VIDEO) (http://www.huffingtonpost.com/2010/10/26/fox-news-wisconsin-democrats_n_774164.html)
& y do u think this guy or someone like him will stand up for us when v r not willing to stand up for our issues?
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sam_hoosier
12-14 10:35 AM
Munnabhai,
I have recevied I-140 RFE on all of the above u mentioned 1,2,3. i have 3 years degree.Labour doesnt match with edu.i am hpoing to get reject :).thats what attorney saying.
Why are you HOPING to get rejected ? :D
But if you expect to get rejected, you should get a new case ready and file as soon as you know for sure that the first one ha been rejected.
I have recevied I-140 RFE on all of the above u mentioned 1,2,3. i have 3 years degree.Labour doesnt match with edu.i am hpoing to get reject :).thats what attorney saying.
Why are you HOPING to get rejected ? :D
But if you expect to get rejected, you should get a new case ready and file as soon as you know for sure that the first one ha been rejected.
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wandmaker
06-05 05:20 PM
USCIS has regular pickup schedule, it is the case with few of the applications mailed thru USPS - DONT Worry unless you want the application to reach on or before a specific date.
marwan234
08-10 08:06 PM
i'll believe it when i see it. too much talk no action. it's too good to be true, isn't it? maybe our childrens' children will benefit from it.
petersebastian
03-31 05:40 PM
Hi there, I'm new to the forum but really need legal advice.
I came to the US at the end of October and received a stay until the end of January. I'm staying here with my partner (of course I didn't say anything about that on the border). I tried to extend my visa but I was declined. I tried to call different lawyers and one of them just told me about the 180 days rule: since my extension is denied and I was told to leave the US within 30 days of the date of the decision (March 17th), I'm here illegally anyway and it won't really matter if I leave in 2 (like I'm supposed to) or 4 weeks as long as I won't hit the 180 days. Unfortunately she failed to mention what the 180 days apply to. Is it since the date of my arrival (in which case the 180 days have already passed) or is it since the expiration of my I94, the end of January? The problem is that neither me or my partner are ready to be separated again so soon and we want to do anything to buy us some time.
Also, I'm very sorry if somebody asked a similar question before...
I'd appreciate any advice. Thank you so much!
I came to the US at the end of October and received a stay until the end of January. I'm staying here with my partner (of course I didn't say anything about that on the border). I tried to extend my visa but I was declined. I tried to call different lawyers and one of them just told me about the 180 days rule: since my extension is denied and I was told to leave the US within 30 days of the date of the decision (March 17th), I'm here illegally anyway and it won't really matter if I leave in 2 (like I'm supposed to) or 4 weeks as long as I won't hit the 180 days. Unfortunately she failed to mention what the 180 days apply to. Is it since the date of my arrival (in which case the 180 days have already passed) or is it since the expiration of my I94, the end of January? The problem is that neither me or my partner are ready to be separated again so soon and we want to do anything to buy us some time.
Also, I'm very sorry if somebody asked a similar question before...
I'd appreciate any advice. Thank you so much!
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