mavrick
06-02 05:38 PM
My H1 B Visa and my wife's H4 is being transfered to a new employer. We filed under premium processing last friday (30th May). We have a family emergency and my question is whether my wife can travel to India before our applications are approved. I will remain in the country. Only she will be travelling. Your inputs will be much appreciated in this trying time.
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surabhi
05-21 09:54 AM
from one of the attorneys. Not sure if anything changed in past 18 months.
Attorney_13
Attorney posted December 08, 2006 03:06 PM
--------------------------------------------------------------------------------
If one has an approved I-140, the priority date of that approval is "locked-in" so to speak and can be used for future cases. Normal proof one would want to have for when s/he is filing a new PERM case with a new I-140, is a copy of that previous approval notice, though sometimes it is possible to use the on-line status print out. To carry over the priority date it is not necessary that the two positions be similar, or even that they be in the same preference category. One can be EB3 and the other EB2.
Attorney_13
Attorney posted December 20, 2006 05:00 AM
--------------------------------------------------------------------------------
What happens in retaining a priority date where the I-140 is revoked is unclear. While there are regulations that state that you would no longer be able to carry over the priority date if the I-140 is revoked, there is a USCIS memorandum that states that only where the I-140 is revoked for misrepresentation or fraud are you not able to carry it over. The USCIS seems to be following the memorandum consistently though it does not have the force of law. It is not necessary that the positions between the first I-140 and the new subsequent I-140 be same or similar in any way. The DOL does not determine if a priority date will transfer. That is a determination by the USCIS. The language in the regulations is "shall" be transferred, rather than being discretionary.
Attorney_13
Attorney posted December 08, 2006 03:06 PM
--------------------------------------------------------------------------------
If one has an approved I-140, the priority date of that approval is "locked-in" so to speak and can be used for future cases. Normal proof one would want to have for when s/he is filing a new PERM case with a new I-140, is a copy of that previous approval notice, though sometimes it is possible to use the on-line status print out. To carry over the priority date it is not necessary that the two positions be similar, or even that they be in the same preference category. One can be EB3 and the other EB2.
Attorney_13
Attorney posted December 20, 2006 05:00 AM
--------------------------------------------------------------------------------
What happens in retaining a priority date where the I-140 is revoked is unclear. While there are regulations that state that you would no longer be able to carry over the priority date if the I-140 is revoked, there is a USCIS memorandum that states that only where the I-140 is revoked for misrepresentation or fraud are you not able to carry it over. The USCIS seems to be following the memorandum consistently though it does not have the force of law. It is not necessary that the positions between the first I-140 and the new subsequent I-140 be same or similar in any way. The DOL does not determine if a priority date will transfer. That is a determination by the USCIS. The language in the regulations is "shall" be transferred, rather than being discretionary.
jthomas
10-04 05:13 PM
I got my visa stamping from mumbai conuslate. Its pretty easy. Take an appointment through VFS by getting a HDFC bank receipt after paying the fee. Check on the VFS site when is the available date. and then follow the link and book the appointment. You will get forms which are populated. If you have any mistakes in the form i think you can correct it at the mumbai consulate too. When you enter the consulate they will hand you the original form which you filled and then ask you to fill whatever you had missed out using your pen. you have to wait till your number calls out and then you get visa stamped and passport posted.
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HRPRO
02-03 01:28 PM
In addition to the job requirements reading the required experience, the job description has to spell out the required experience and the job description has to justify the required experience.
Once the JD is finalized your emplyer will be sending it to the SWA for wage determination. Send it both ways and see what you get.
More importantly ensure you can get the experience letters to back the experience listed in the JD
Once the JD is finalized your emplyer will be sending it to the SWA for wage determination. Send it both ways and see what you get.
More importantly ensure you can get the experience letters to back the experience listed in the JD
more...
go_guy123
01-15 11:51 PM
Unless the country cap is removed from EB immigration - things will not change for folks from India.
Have you noticed that when it comes to giving amnesty, there is always a special clause that exempts illegals from country caps? Ever wonder why?
because most of the illegals are from a few handful countries mainly mexico
Have you noticed that when it comes to giving amnesty, there is always a special clause that exempts illegals from country caps? Ever wonder why?
because most of the illegals are from a few handful countries mainly mexico
shreekhand
07-16 03:01 PM
BTW....one can now apply directly to NSC or TSC as per the state they are applying from. This memo became effective June 21 and is mandatory starting July 30.
see http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf
So there is now a choice till July 30 for everybody's kind information!
see http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf
So there is now a choice till July 30 for everybody's kind information!
more...
lreddi
08-14 11:45 PM
Hi Cool Blues,
My case is also similar to yours. I also received denial today without RFE. Can you plz mail me to lreddi123@@@@@gmail so that we can discuss more . Consultancy name starts with letter
'V'
My case is also similar to yours. I also received denial today without RFE. Can you plz mail me to lreddi123@@@@@gmail so that we can discuss more . Consultancy name starts with letter
'V'
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REQUIRE_GC
10-14 06:35 PM
Hi:
I filed on July 23, I-140 and 485 concurrent.
I got EAD on 5th Oct.
I had fingerpring done on OCT12.
Whne Fingerprinting was done, with 2 of my fingers, it gave message
Warning !!!!!!!! Matched (with RED color) . Rest all fingers, it displayed passed with Green color.
Does it mean it matches with some kind of FBI database and Do I need to worry about it?
Please help gurus. I have lost my sleep.
Thanks
I filed on July 23, I-140 and 485 concurrent.
I got EAD on 5th Oct.
I had fingerpring done on OCT12.
Whne Fingerprinting was done, with 2 of my fingers, it gave message
Warning !!!!!!!! Matched (with RED color) . Rest all fingers, it displayed passed with Green color.
Does it mean it matches with some kind of FBI database and Do I need to worry about it?
Please help gurus. I have lost my sleep.
Thanks
more...
uimv
03-14 12:08 PM
Incorrect!
I have written on this topic many times before. Employer is required, by law, to inform USCIS about termination of employment (whether voluntary or not) and any changes in employment eligibility.
Read for yourself -
http://www.uscis.gov/files/article/E1eng.pdf
[From the pdf link]
Employers must keep USCIS informed of any firings, termination of employment, or changes in the employee’s eligibility by submitting a letter to the USCIS Service Center that approved the application or petition.
Thanks coopheal, desi3933.
But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee’s eligibility or change in job duties. So no requirement to cancel H1b.
I have written on this topic many times before. Employer is required, by law, to inform USCIS about termination of employment (whether voluntary or not) and any changes in employment eligibility.
Read for yourself -
http://www.uscis.gov/files/article/E1eng.pdf
[From the pdf link]
Employers must keep USCIS informed of any firings, termination of employment, or changes in the employee’s eligibility by submitting a letter to the USCIS Service Center that approved the application or petition.
Thanks coopheal, desi3933.
But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee’s eligibility or change in job duties. So no requirement to cancel H1b.
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FOR_LIBERTY
11-13 10:59 AM
Folks,
I have recently moved to Houston. Count me in as a member of Texas chapter.
I have recently moved to Houston. Count me in as a member of Texas chapter.
more...
mayhemt
04-19 06:19 PM
'Reform Immigration for America' is organizing nationwide March for Immigration reform in all major cities on May 1. Although I am not affiliated with this organization, I think we have similar goals towards immigration reform.
We March for America! � May 1 March � Reform Immigration For America (http://reformimmigrationforamerica.org/blog/march-index/)
IV Members,
Just wanted to bring this to everyone's attention..
I guess theres nothing to lose by joining this march, may be couple of hours & couple of gallons of gas... (Its on weekend and no travel/accomodation worries like DC rally). I am planning to join the one in Dallas, TX. I hope to see atleast some folks there..
Find a March � May 1 March � Reform Immigration For America (http://reformimmigrationforamerica.org/blog/find-a-march/)
We March for America! � May 1 March � Reform Immigration For America (http://reformimmigrationforamerica.org/blog/march-index/)
IV Members,
Just wanted to bring this to everyone's attention..
I guess theres nothing to lose by joining this march, may be couple of hours & couple of gallons of gas... (Its on weekend and no travel/accomodation worries like DC rally). I am planning to join the one in Dallas, TX. I hope to see atleast some folks there..
Find a March � May 1 March � Reform Immigration For America (http://reformimmigrationforamerica.org/blog/find-a-march/)
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illinois_alum
07-13 08:43 PM
Why does everyone think it can only be something that the USCIS has the power/authority to act on by themselves. It's been almost two weeks since this fiasco started and they may have been meeting with the right people to put something together.
Because in the 2 weeks since - there has been no bill introduced in either the House or Senate. Moreover, the bill would have to be "debated" and then passed in both houses and then signed by Bush. After Bush signs it, it would come into effect after a certain time period.
Because in the 2 weeks since - there has been no bill introduced in either the House or Senate. Moreover, the bill would have to be "debated" and then passed in both houses and then signed by Bush. After Bush signs it, it would come into effect after a certain time period.
more...
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mukraw6
08-13 02:00 PM
Its been 2 weeks that I have received my receipts for 485,765,131 from NSC. Thanks
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TUnlimited
11-07 05:22 PM
By the way, I got my EAD. I don't want to spend money
You can start to earn money instead by filling those stupid forms for somebody else... You got EAD, open you secondary business....:D
You can start to earn money instead by filling those stupid forms for somebody else... You got EAD, open you secondary business....:D
more...
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Gravitation
09-11 10:25 AM
I filed for 485 in July without EAD and AP document since my H1B is valid for another 2 years. In a month's time the most unfortunate thing happened. The company that sponsored my H1B/Green Card just got acquired. It is anticipated that as a result several people will get laid off including me. I have yet to recieve the reciept notice for 485. What happens when something like this happens 180 days before? What are my options if I were to get laid off?
1) Get H1B transfer to another company and hope that old employer won't revoke I-140.
2) Don't get H1B transfer, don't work at all, apply for EAD and AP and wait for the next 5 months to pass. Again hope that employer doesn't revoke I-140.
I have very good relations with employer and so far I have never needed to bend any rules, but don't know what the new people will be like.
Apply for EAD and AP asap.
If you change your job yourself in less than six months... there may be trouble... but...
If you get laid-off in less than six months after filing I-485, you'll be fine (GC wise). You'll need either H1B transfer or EAD to work... but you'll not be out of status. After you file I-485, you're a parolee till the final decision on your I-485 application has been made.
Good luck.
1) Get H1B transfer to another company and hope that old employer won't revoke I-140.
2) Don't get H1B transfer, don't work at all, apply for EAD and AP and wait for the next 5 months to pass. Again hope that employer doesn't revoke I-140.
I have very good relations with employer and so far I have never needed to bend any rules, but don't know what the new people will be like.
Apply for EAD and AP asap.
If you change your job yourself in less than six months... there may be trouble... but...
If you get laid-off in less than six months after filing I-485, you'll be fine (GC wise). You'll need either H1B transfer or EAD to work... but you'll not be out of status. After you file I-485, you're a parolee till the final decision on your I-485 application has been made.
Good luck.
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freedom2007
10-22 04:26 PM
Yup completely agree with Frostrated..
Me too in Same situation had Masters degree but in 2003 we thought Category wont matter much as dates were current..Hmm look what it got us into now for EB3's
Me too in Same situation had Masters degree but in 2003 we thought Category wont matter much as dates were current..Hmm look what it got us into now for EB3's
more...
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Queen Josephine
May 25th, 2005, 06:45 AM
So here are three more from the same "session" last evening which do include some foreground framing/interest. (slight adjustments on these to levels, color, etc. no cropping though)
Enjoy,
KAC
Number 3 is by far the better pic to my mind. Re: Destroying your cloud....
yeah, just playing with some new scatter brushes that I didn't have control over yet :D...was aiming more for something like your pic 3 above.
In cases where there is no natural framing (Flora, fauna, dock posts, etc etc), on a sunset shot you can use people (silhouttes) to add elements of interest. Or maybe shoot from ground level; just suggestions and it's always fun to experiment with these things.
Enjoy,
KAC
Number 3 is by far the better pic to my mind. Re: Destroying your cloud....
yeah, just playing with some new scatter brushes that I didn't have control over yet :D...was aiming more for something like your pic 3 above.
In cases where there is no natural framing (Flora, fauna, dock posts, etc etc), on a sunset shot you can use people (silhouttes) to add elements of interest. Or maybe shoot from ground level; just suggestions and it's always fun to experiment with these things.
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desi485
07-28 05:45 PM
if his EAD has been pending for 90 days, USCIS says you can enquire about getting an interim EAD. I dont know of anyone recently who has got an interim EAD though...
Having said that, how long back did he apply for the renewal and at what center? Based on some stats NSC is taking anywhere from 60 to 90 days for EAD approval (even mine has now been pending for over 4 weeks). TSC has been faster. So if its NSC, and its <90 days, hang on a bit, you might just get the approval soon.
sent recently to lawyer, may be still on the way to NSC. His current EAD expires by last week of september. This leaves window of less than 60 days. I am sure there will be so much of workload as all JULY Filers would be renewing the EADs.
Having said that, how long back did he apply for the renewal and at what center? Based on some stats NSC is taking anywhere from 60 to 90 days for EAD approval (even mine has now been pending for over 4 weeks). TSC has been faster. So if its NSC, and its <90 days, hang on a bit, you might just get the approval soon.
sent recently to lawyer, may be still on the way to NSC. His current EAD expires by last week of september. This leaves window of less than 60 days. I am sure there will be so much of workload as all JULY Filers would be renewing the EADs.
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Lisap
08-03 12:07 PM
So my status doesnt change until my I 485 is approved- any idea how long that will take? My H 1B expires in Nov of 2007 should I get an extension? Thank you for your replies- Lisa
2003doc
07-17 06:01 PM
the best thing he could do is get married ASAP may be tomorrow and file I 485 for him and his wife together otherwise he will be in very bad situation. If in OCt his PD is current he will get stuck as he can not sponsor wife for a long time. and if there is severe retrogession than he will not be able to bring his wife to US unless hisnon-immigrant visa is still valid( still his wife would be in danger of being out of status)....So act NOW
Hi,
This is for a good friend of mine. He is going to get married in dec 2007. He has already applied for 140 premium processing. There is a opportunity to apply for 485 by end of this month and he has asked me for advice on this matter. His labor has PD March 2005(got cleared).
My request to all IV members is to give me some advice that I can pass on to him.
Please help !
Hi,
This is for a good friend of mine. He is going to get married in dec 2007. He has already applied for 140 premium processing. There is a opportunity to apply for 485 by end of this month and he has asked me for advice on this matter. His labor has PD March 2005(got cleared).
My request to all IV members is to give me some advice that I can pass on to him.
Please help !
itstimenow
08-07 11:06 PM
If all the documents are submitted - court related -- in that case are we good to go?
