for_gc
08-14 08:02 PM
Well, there are exceptions to almost every rule. The fact that there are exceptions does not mean that the rule is not right.
The rule still pretty much seems to be that the processing is done in the order of ND and not RD.
Lets do not confuse ourselves.
The rule still pretty much seems to be that the processing is done in the order of ND and not RD.
Lets do not confuse ourselves.
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satyasaich
12-05 05:38 PM
Since lot of baby boomers are set to retire, any thing can happen.
Someday they (means all of the anti - immgt minds, lou doggs, ron hiras etc) have to admit the reality that this country needs skilled workers and justice is delayed for employment based immgiration
I know the fact for some years that there are so many IT consulting jobs begging to be filled, but never. Because there is a restriction that only citizens are allowed to apply for those. Where i live in US, i see boeing and Northrup Grummen ads for years, same repeating and begging for "citizens" to apply but never gets applicants.
I bet they won't let a VB programmer in!!!
Someday they (means all of the anti - immgt minds, lou doggs, ron hiras etc) have to admit the reality that this country needs skilled workers and justice is delayed for employment based immgiration
I know the fact for some years that there are so many IT consulting jobs begging to be filled, but never. Because there is a restriction that only citizens are allowed to apply for those. Where i live in US, i see boeing and Northrup Grummen ads for years, same repeating and begging for "citizens" to apply but never gets applicants.
I bet they won't let a VB programmer in!!!
lostinbeta
10-21 03:48 AM
Seems like I am making you regurgitate some old memories. I don't know if that is good or bad.
What did you mean by "that was right before the end" if you don't mind me asking.
What did you mean by "that was right before the end" if you don't mind me asking.
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lostinbeta
10-21 03:48 AM
Seems like I am making you regurgitate some old memories. I don't know if that is good or bad.
What did you mean by "that was right before the end" if you don't mind me asking.
What did you mean by "that was right before the end" if you don't mind me asking.
more...
yogirajd
11-09 09:16 PM
Can you tell me ur dates:
I140 RD
RFE received date?
EB2 or EB3?
Service center?
Thanks
I140 RD- March 02, 2007.
RFE received date? - Aug. 16, 2007.
EB2 or EB3? - Before RFE it was EB2 & requested EB2 change to EB3 while providing education evaluation in RFE response.
Service center? - TSC
I140 RD
RFE received date?
EB2 or EB3?
Service center?
Thanks
I140 RD- March 02, 2007.
RFE received date? - Aug. 16, 2007.
EB2 or EB3? - Before RFE it was EB2 & requested EB2 change to EB3 while providing education evaluation in RFE response.
Service center? - TSC
GKBest
10-30 06:24 PM
I may have to use it for work from January as I am invoking AC21. I am confused now whether to re-apply or just use it like as it is.
My attorney informed USCIS about the typo error when they received the AOS receipts , but it looks like EAD Card was ordered before USCIS was notified. My Advance Parole has also mis-spelled Lastname. I have USCIS letter confirming typo error attached to my case. Would this be a sufficient proof that my EAD has a different Lastname which is only a typo error?
Gurus please advise.
http://immigrationvoice.org/forum/showpost.php?p=190382&postcount=1
My lawyer advised me to take an infopass to correct the name of my dependent on the EAD card. Instead of "e", they placed "a" and he said that I might as well have the name on the FP notice and I-485 corrected.
My attorney informed USCIS about the typo error when they received the AOS receipts , but it looks like EAD Card was ordered before USCIS was notified. My Advance Parole has also mis-spelled Lastname. I have USCIS letter confirming typo error attached to my case. Would this be a sufficient proof that my EAD has a different Lastname which is only a typo error?
Gurus please advise.
http://immigrationvoice.org/forum/showpost.php?p=190382&postcount=1
My lawyer advised me to take an infopass to correct the name of my dependent on the EAD card. Instead of "e", they placed "a" and he said that I might as well have the name on the FP notice and I-485 corrected.
more...
manderson
01-11 10:20 AM
I personally think 1 yr+ wait should work. But definitely take the letters-to-congressmen route first.
BTW I am basing my answer on some of the case studies I have read in http://www.ilw.com/ (sorry I didn't save any links)
BTW I am basing my answer on some of the case studies I have read in http://www.ilw.com/ (sorry I didn't save any links)
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maddipati1
01-08 02:23 PM
i dont think u ever need to change the lastname.
may i know when do u think the lastname need to be changed?
may i know when do u think the lastname need to be changed?
more...
Legal_In_A_Limbo
01-14 05:12 PM
I have done it once. It all depends on your relationship with your current employer. If they are ok with it, you shouldnt have any problems.
Assume my husband company doesn't want him to leave.
Then what you say.
When you said u had a good relationship does that mean, you talked to your employer before changing jobs.
Thanks
Assume my husband company doesn't want him to leave.
Then what you say.
When you said u had a good relationship does that mean, you talked to your employer before changing jobs.
Thanks
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GreenCard4US
03-20 04:57 PM
http://www.hindu.com/thehindu/holnus/000200903210312.htm
Saturday, March 21, 2009
Washington (PTI): In a blow to Indian professionals, the U.S. on Friday announced additional measures for hiring of foreign specialists under the H-1B visa work programme making it more difficult for the companies receiving federal aid money to hire overseas workers.
The U.S. Citizenship and Immigration Services (USCIS) announced the measures to enforce the provisions of the new Employ American Workers Act (EAWA) of the American Recovery and Reinvestment Act, which prohibits hiring of H-1B visa holders by American companies who receive the federal aid money. Indian nationals account for bulk of the coveted H-1B visas.
These measures come about ten days before the USCIS starts accepting petitions for new H-1B visas for the fiscal year beginning October 1, 2009.
"Under this legislation any company that has received covered funding and seeks to hire new H-1B workers is considered an 'H-1B dependent employer'.
All H-1B dependent employers must make additional attestations to the U.S. Department of Labour (DOL) when filing the Labour Condition Application (LCA)," the USCIS said.
"USCIS reminds petitioners that a valid LCA must be on file with DOL at the time the H-1B petition is filed with USCIS," it said.
This means that if the petitioner indicates on its petition that it is subject to the EAWA, but the Labour Condition Application does not contain the proper attestations relating to H-1B dependent employers, USCIS will deny the H-1B petition, the statement said.
Besides, the USCIS is revising Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the petitioner has received covered funding.
USCIS is expected to post this revised form on its web site in time for the next cap subject to H-1B filing period that begins on April l.
While USCIS encourages petitioners, whenever possible, to use the most up-to-date form, USCIS will not require use of the revised form in time for the start of the filing period for fiscal year 2010, it said.
At the same time, USCIS urged H-1B petitioners who have already prepared packages for mailing using the previous Form I-129 (January 2009 version) to complete only the page in the revised version of the Form I-129 (March 2009) which has the new question on EAWA attestation requirements and to file this single page with the prepared package.
USCIS said EAWA applies to any Labour Condition Application (LCA) and/or H-1B petition filed on or after February 17, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status.
The EAWA also applies to new hires based on a petition approved before February 17, 2009, if the H-1B employee had not actually commenced employment before that date.
However, EAWA does not apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorised category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer.
Saturday, March 21, 2009
Washington (PTI): In a blow to Indian professionals, the U.S. on Friday announced additional measures for hiring of foreign specialists under the H-1B visa work programme making it more difficult for the companies receiving federal aid money to hire overseas workers.
The U.S. Citizenship and Immigration Services (USCIS) announced the measures to enforce the provisions of the new Employ American Workers Act (EAWA) of the American Recovery and Reinvestment Act, which prohibits hiring of H-1B visa holders by American companies who receive the federal aid money. Indian nationals account for bulk of the coveted H-1B visas.
These measures come about ten days before the USCIS starts accepting petitions for new H-1B visas for the fiscal year beginning October 1, 2009.
"Under this legislation any company that has received covered funding and seeks to hire new H-1B workers is considered an 'H-1B dependent employer'.
All H-1B dependent employers must make additional attestations to the U.S. Department of Labour (DOL) when filing the Labour Condition Application (LCA)," the USCIS said.
"USCIS reminds petitioners that a valid LCA must be on file with DOL at the time the H-1B petition is filed with USCIS," it said.
This means that if the petitioner indicates on its petition that it is subject to the EAWA, but the Labour Condition Application does not contain the proper attestations relating to H-1B dependent employers, USCIS will deny the H-1B petition, the statement said.
Besides, the USCIS is revising Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the petitioner has received covered funding.
USCIS is expected to post this revised form on its web site in time for the next cap subject to H-1B filing period that begins on April l.
While USCIS encourages petitioners, whenever possible, to use the most up-to-date form, USCIS will not require use of the revised form in time for the start of the filing period for fiscal year 2010, it said.
At the same time, USCIS urged H-1B petitioners who have already prepared packages for mailing using the previous Form I-129 (January 2009 version) to complete only the page in the revised version of the Form I-129 (March 2009) which has the new question on EAWA attestation requirements and to file this single page with the prepared package.
USCIS said EAWA applies to any Labour Condition Application (LCA) and/or H-1B petition filed on or after February 17, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status.
The EAWA also applies to new hires based on a petition approved before February 17, 2009, if the H-1B employee had not actually commenced employment before that date.
However, EAWA does not apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorised category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer.
more...
enthu999
07-22 10:00 PM
Please check my question in blue below
looks like..becuase people travel abroad while AOS is in process.
looks like..becuase people travel abroad while AOS is in process.
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gcdreamer05
11-19 12:57 PM
along with my above post, we applied for H1B/H4 renewal yesterday even though she is working on her EAD now.
H1 renewal i can understand but you need not apply for h4 renewal if your wife is working on EAD. Because if she wants to come back on h4, she always can and does not need h4 to be renewed now.
did you check with your attorney, if she absolutely has to do h4 renewal.
H1 renewal i can understand but you need not apply for h4 renewal if your wife is working on EAD. Because if she wants to come back on h4, she always can and does not need h4 to be renewed now.
did you check with your attorney, if she absolutely has to do h4 renewal.
more...
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Googler
08-26 10:44 AM
Asking for the WOM to be dismissed on the grounds that it is discretionary is a standard tactic -- both for citizenship and I-485. The courts aren't buying it. Depending on your district and the particular judge, your chances of getting the motion to dismiss thrown out are very good.
Yingli there is no shortage of excellent advice and templates on this thread on Immigration Portal.
http://boards.immigrationportal.com/showthread.php?t=194681&page=811
For an overview see:
http://www.ailf.org/lac/clearinghouse_mandamus.shtml
http://en.wikibooks.org/wiki/FBI_name_check
Good luck!
Yingli there is no shortage of excellent advice and templates on this thread on Immigration Portal.
http://boards.immigrationportal.com/showthread.php?t=194681&page=811
For an overview see:
http://www.ailf.org/lac/clearinghouse_mandamus.shtml
http://en.wikibooks.org/wiki/FBI_name_check
Good luck!
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Libra
07-09 04:59 PM
how to change my vote then???
over 250 people responded to the earlier poll and we see that atleast among IV'ites the PDs are spread all over the years (10% 20% 20% 30%-2006 10%-2007), and there are significant number of 2003/2004 PDs out there.
This followup poll is to see how many of these people are already in the I-485 system (likely to use up visa number as soon as one is available) vs waiting to file I-485.
************************************************** ***************************************
************************************************** ***************************************
***DO NOT COUNT YOUR I-485 FILING IN JULY 2007 FOR THIS POLL. EVEN IF YOU FILED ON JULY 1ST OR JULY 2ND***
************************************************** ***************************************
************************************************** ***************************************
ONLY EB2-INDIA PLEASE.
over 250 people responded to the earlier poll and we see that atleast among IV'ites the PDs are spread all over the years (10% 20% 20% 30%-2006 10%-2007), and there are significant number of 2003/2004 PDs out there.
This followup poll is to see how many of these people are already in the I-485 system (likely to use up visa number as soon as one is available) vs waiting to file I-485.
************************************************** ***************************************
************************************************** ***************************************
***DO NOT COUNT YOUR I-485 FILING IN JULY 2007 FOR THIS POLL. EVEN IF YOU FILED ON JULY 1ST OR JULY 2ND***
************************************************** ***************************************
************************************************** ***************************************
ONLY EB2-INDIA PLEASE.
more...
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hejilac1224
09-13 03:41 PM
Has you h1b finally been approved? I' m interested to what happened next as I am now on the same situation. Thanks and GL.
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desi3933
08-28 03:40 PM
internal for who do u work DOS/USCIS u jerk
You must be *so proud* of yourself.
You must be *so proud* of yourself.
more...
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raysaikat
04-20 10:54 AM
Dealsnet thank you for your input,
I already have an OPT and planning to work on it in the real estate field. but my Opt will be expiring at the end of this year and i am looking for other ways to keep working in the US. From what you telling me i don t have much options. i will keep looking or hire a lawyer there must be a solution. i am a bit surprised that they allow you to work in such field with an OPT and you can t take it anywhere.
Thanks for your help, I really appreciate it.
The work you do in your OPT must be in your field of studies. You are likely violating immigration rules during your OPT period as well unless your degree was in secretarial work or real estate (I do not know of any such degree ...)
USCIS - Questions and Answers: Extension of Optional Practical Training Program for Qualified Students (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9a3d3dd87aa19110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
"Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student�s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies."
I already have an OPT and planning to work on it in the real estate field. but my Opt will be expiring at the end of this year and i am looking for other ways to keep working in the US. From what you telling me i don t have much options. i will keep looking or hire a lawyer there must be a solution. i am a bit surprised that they allow you to work in such field with an OPT and you can t take it anywhere.
Thanks for your help, I really appreciate it.
The work you do in your OPT must be in your field of studies. You are likely violating immigration rules during your OPT period as well unless your degree was in secretarial work or real estate (I do not know of any such degree ...)
USCIS - Questions and Answers: Extension of Optional Practical Training Program for Qualified Students (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9a3d3dd87aa19110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
"Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student�s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies."
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belmontboy
07-14 09:33 PM
When my AP came up for renewal my attorney asked to get new set of photos.
In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
Anyone else had same experience ?
hmm... and here i am wondering for last 10 years "why cannot i reuse stamps "
In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
Anyone else had same experience ?
hmm... and here i am wondering for last 10 years "why cannot i reuse stamps "
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priderock
05-15 01:28 PM
Hi, Guys:
My old H-1b will expire on June 30 2007. My employer has applied the new H-1b extension, but it is still pending. I am planning to go back to my country this summer and try to apply for H-1 visa in US embassy in early June. My question is whether I can apply for H-1 visa using the old one (expire on June 30) while the new one is pending. How long will be my H-1 visa valid (usually 3-month in my country)? Will I get 3-month or till the expirating date(June 30)? Can I come back to US? Many thanks.
Did you mean you are going to apply for a new visa stamp in your country ? If yes, your new visa stamp will be valid until June 30. I am not sure I got the 3 moth visa validity part.
When they extend your h1 they give you new I94. If you go to your home country and reenter on the old visa , you get a new I94 valid until june30 only from port of entry. My lawyer cautioned me about this once because your latest I94 (short validity) may be the valid one. I am not sure about this but I remember getting cautioned about traveling while H1B extension application is pending. I had to have my H1 approval mailed to me and show the new extension at the port of entry so that I get a valid I94 with new valid date.
Talk to an Attorney when in doubt.
My old H-1b will expire on June 30 2007. My employer has applied the new H-1b extension, but it is still pending. I am planning to go back to my country this summer and try to apply for H-1 visa in US embassy in early June. My question is whether I can apply for H-1 visa using the old one (expire on June 30) while the new one is pending. How long will be my H-1 visa valid (usually 3-month in my country)? Will I get 3-month or till the expirating date(June 30)? Can I come back to US? Many thanks.
Did you mean you are going to apply for a new visa stamp in your country ? If yes, your new visa stamp will be valid until June 30. I am not sure I got the 3 moth visa validity part.
When they extend your h1 they give you new I94. If you go to your home country and reenter on the old visa , you get a new I94 valid until june30 only from port of entry. My lawyer cautioned me about this once because your latest I94 (short validity) may be the valid one. I am not sure about this but I remember getting cautioned about traveling while H1B extension application is pending. I had to have my H1 approval mailed to me and show the new extension at the port of entry so that I get a valid I94 with new valid date.
Talk to an Attorney when in doubt.
GCNaseeb
02-06 03:40 PM
Anything like this calls for "accommodating beneficiary" and its illegal when it comes to Immigration. Both sponsoring employer and beneficiary will be in problem. This is well discussed before and at least my Attorney did not recommend.
Ask your company to demote you to developer position once u get ur green card. GC is for a future job position.
Ask your company to demote you to developer position once u get ur green card. GC is for a future job position.
silvinhaphn
05-05 09:05 AM
Hi aperregatturv
I'm in the same situation... Did u travel before u got the card?
My case was approved on April 27, but I have got nothing on the mail so far and I have my sister's wedding to attend in my country... My husband can go later and give it to me, but I'm a little afraid.
I wanna know if evrything was ok with you and if u would recommend me to do that. I'm going crazy cause my flight is for May 11th and if I need to cancel I gotta do it 2 days in advance, no later than tomorrow I guess... I don't know If I should wait or just cancel flight. I'm going crazy!
Please let me know how it went for you. Or if anyone else have traveled in this way before, give me some advice.
Thanks to all in advance!
Best
I'm in the same situation... Did u travel before u got the card?
My case was approved on April 27, but I have got nothing on the mail so far and I have my sister's wedding to attend in my country... My husband can go later and give it to me, but I'm a little afraid.
I wanna know if evrything was ok with you and if u would recommend me to do that. I'm going crazy cause my flight is for May 11th and if I need to cancel I gotta do it 2 days in advance, no later than tomorrow I guess... I don't know If I should wait or just cancel flight. I'm going crazy!
Please let me know how it went for you. Or if anyone else have traveled in this way before, give me some advice.
Thanks to all in advance!
Best
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