Tantra
07-16 12:33 PM
If you feel that IV represents you, please become a member.
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kaarmaa
05-04 11:48 AM
What happens, once he moves to the new employer and his present employer withdraws I-140? For any subsequent H1 transfers/extensions will he will need to have an approved I-140, which is not withdrawn ?
Could there be issues, if new employer does a lay off what happens when perm/i-140 is pending or not filled yet
Correct. Withdrawn I-140 cannot be used to transfer or extend a H1 that has expired (after 6 years).
The following statement may be incorrect. Please consult an attorney
You can again transfer to a new employer for the reminder of the H1 validity without I-140 or PERM. After it expires, to extend or transfer again, you would need an approved PERM or I-140.
Could there be issues, if new employer does a lay off what happens when perm/i-140 is pending or not filled yet
Correct. Withdrawn I-140 cannot be used to transfer or extend a H1 that has expired (after 6 years).
The following statement may be incorrect. Please consult an attorney
You can again transfer to a new employer for the reminder of the H1 validity without I-140 or PERM. After it expires, to extend or transfer again, you would need an approved PERM or I-140.
lostinbeta
10-24 12:19 PM
Haha... I got there on the highwind.
If you land at exactly the right spot.. you can land on the dock, get out and booyah... the scene is all yours.
If you land at exactly the right spot.. you can land on the dock, get out and booyah... the scene is all yours.
2011 The Roommate (movie) Alyson
greencardvow
07-17 05:36 PM
I filed 485 on July 2 2007 through Company 1. I left the Company 1 on July 7 2007. Company 2 had filed for PERM in June that had an approval on July 16 2007. I wana apply for 140/485 through Company 2 (concurrent filing) by this July 2007. Can I have 2 pending 485 application? I dont have the receipt for 1st 485 as it was just filed on July 2.
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bfadlia
03-15 09:26 AM
My wife and I did our medicals last July and applied for our I485. However, my wife was pregnant so the doctor decided to not do x-rays and some vaccinations and inform USCIS it should be done after the pregnancy.
Now after we had the baby, do we have to wait for an RFE to come asking us for the missing part of the medical? Or can we be proactive and go complete the medicals and send it to USCIS?
Our PD and RD are close to becoming current, so we may benefit if the second scenario is possible.
Now after we had the baby, do we have to wait for an RFE to come asking us for the missing part of the medical? Or can we be proactive and go complete the medicals and send it to USCIS?
Our PD and RD are close to becoming current, so we may benefit if the second scenario is possible.
dixie
07-03 10:23 AM
If you are going to stay 2 yrs in Canada, you might as well spend 1 more yr and become a Canadian citizen.
I actually have a similar question. I am in the exact same situation. The question is that in this case if you have an H1 stamped in your passport, is it ok to travel to US on that H1 ? or would you need a B2 tourist visa to travel ?
I am asking since technically you are employed by same employer but you are getting paid by Candian payroll not US Payroll.
Technically, your H1-B visa is invalidated the moment you stop getting paid in the US. I do know of a lot of people who managed to re-enter the US with an old stamped H1-B; but definitely not advisable. A particularly suspicious US immigration officer in canada once asked to show my latest pay stub to prove that I am still employed with the employer who sponsored my H1-B visa !!
I actually have a similar question. I am in the exact same situation. The question is that in this case if you have an H1 stamped in your passport, is it ok to travel to US on that H1 ? or would you need a B2 tourist visa to travel ?
I am asking since technically you are employed by same employer but you are getting paid by Candian payroll not US Payroll.
Technically, your H1-B visa is invalidated the moment you stop getting paid in the US. I do know of a lot of people who managed to re-enter the US with an old stamped H1-B; but definitely not advisable. A particularly suspicious US immigration officer in canada once asked to show my latest pay stub to prove that I am still employed with the employer who sponsored my H1-B visa !!
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sixpockets
06-20 06:51 PM
Yes, your priority date shud be current when u plan to add ur spouse, otherwise they wont accept the 485 application
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CaveMan232
10-22 12:50 AM
How long would this whole process take by the time 140 is approved?
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vin13
10-26 05:48 PM
What you think , doesn't matter.
Cant fly through FRANCE/UK for sure, without a valid US visa stamped.
People had issues even with Lufthansa, but as per law on the German Consulate , a person should be able to transit through Germany. But i would avoid it.
Emirates/Direct AI/Continental should be OK from East Coast.
Alright. I did not realize that this was a case of no valid visa on passport. I cannot attest to that.
Cant fly through FRANCE/UK for sure, without a valid US visa stamped.
People had issues even with Lufthansa, but as per law on the German Consulate , a person should be able to transit through Germany. But i would avoid it.
Emirates/Direct AI/Continental should be OK from East Coast.
Alright. I did not realize that this was a case of no valid visa on passport. I cannot attest to that.
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onthelines
10-06 03:25 PM
This is Incredible..Thanks IV for all the hard work.
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popoye
04-10 03:18 AM
Yes. the provision is already there. You can covert your RIR or non-RIR cases in BPC to PERM without losing priority date, as long as the case is identical
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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
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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
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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.
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mrajatish
06-18 05:55 PM
Exactly the same as mine (except that I needed to copy whole passport)
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jaggu bhai
07-27 10:35 AM
Hi Friends
My status is I 140 is cleared, waiting for the next step.
Question is....
My wife is on H4 and as it is difficult to get a job now and change to H1 (civil engineer),
We intend to use this time for her studies.
We need your suggestion (few people based on their own experience),
1.As we cannot afford financially to study in a full time college, we wanted to make it part time or online (whatever-which costs us less).
2.Is it good to study on H4 or betterto convert to F1 and study (so that SEVIS and further usage of it down the line!!!!)
3.If some seniors has done like this, pl advise some universities.
Thanks
My status is I 140 is cleared, waiting for the next step.
Question is....
My wife is on H4 and as it is difficult to get a job now and change to H1 (civil engineer),
We intend to use this time for her studies.
We need your suggestion (few people based on their own experience),
1.As we cannot afford financially to study in a full time college, we wanted to make it part time or online (whatever-which costs us less).
2.Is it good to study on H4 or betterto convert to F1 and study (so that SEVIS and further usage of it down the line!!!!)
3.If some seniors has done like this, pl advise some universities.
Thanks
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shortchanged
08-28 12:14 PM
Now that I do have receipts- should I go ahead and stop payment on the 2nd set??
I would wait until your money is actually deducted from the bank account to be 100% sure that there is no issue with regards to your checks.Then possibly you could ask for stop payments on your check.
Actually I have read before in UsCIS site that they will try to resubmit the check one more time before rejecting or accepting the forms.So hopefully they will resubmit it again, and since you have reversed your stop payment everything should be OK with your july2 filing. Again it is very reassuring that you have got the Receipts, and that is a sign that it was indeed properly filed, because they reject anything which was improperly filed.
In my case the money is already deducted from the bank account, and I have check cashed images online. so I have asked for stoppayments,yeah it cost me 150 bucks for 5 checks ouch...
I would wait until your money is actually deducted from the bank account to be 100% sure that there is no issue with regards to your checks.Then possibly you could ask for stop payments on your check.
Actually I have read before in UsCIS site that they will try to resubmit the check one more time before rejecting or accepting the forms.So hopefully they will resubmit it again, and since you have reversed your stop payment everything should be OK with your july2 filing. Again it is very reassuring that you have got the Receipts, and that is a sign that it was indeed properly filed, because they reject anything which was improperly filed.
In my case the money is already deducted from the bank account, and I have check cashed images online. so I have asked for stoppayments,yeah it cost me 150 bucks for 5 checks ouch...
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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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aachoo
04-15 12:18 AM
If senior citizens have to travel frequently from India to the Bay area (California) what is the most preferred airlines?
Points of comparisons would be pricing (frequent flyer discounts), leg room, optimum layover, wheelchair facility, good in-flight attendance, food and so on...the experience with the emirates has been ok thus far.
emirates didn't provide the wheel chair at the airport although it was made available in india and sfo. also the leg from dubai to sfo is very long.
please share your experiences and provide your feedback.
Try Singapore Airlines. You cannot escape a 12 to 16 hour second leg if you fly over the Pacific, but Singapore service is quite good. Cathay has been decent as well.
Points of comparisons would be pricing (frequent flyer discounts), leg room, optimum layover, wheelchair facility, good in-flight attendance, food and so on...the experience with the emirates has been ok thus far.
emirates didn't provide the wheel chair at the airport although it was made available in india and sfo. also the leg from dubai to sfo is very long.
please share your experiences and provide your feedback.
Try Singapore Airlines. You cannot escape a 12 to 16 hour second leg if you fly over the Pacific, but Singapore service is quite good. Cathay has been decent as well.
girlfriend Here#39;s how the RoomMate looked
Suva
07-18 03:13 PM
As you are from Turkey I think you should not be worried. From Oct 1 new visa numbers would be available and you should be current from then on. Only India, China, Mexico and Philipines are affacted coutries where dates get retrogressed due to unavailability of visa numbers. So you should not worried about your dates being current.
Disclaimer: I am not a lawyer so don't make any decision based on my information.
Hello guys,
First of all thank you very much for your answers in advance.
I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.
I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.
I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.
So, here are my questions:
Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?
I am not planning to change my job. So, would my I-140 have an expiration date?
Do you have any other suggestions? Thank you!
Disclaimer: I am not a lawyer so don't make any decision based on my information.
Hello guys,
First of all thank you very much for your answers in advance.
I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.
I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.
I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.
So, here are my questions:
Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?
I am not planning to change my job. So, would my I-140 have an expiration date?
Do you have any other suggestions? Thank you!
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EB-VoiceImmigration
09-18 11:56 AM
@Pinky001:
To the best of my knowledge, here are the answers to your Q's
1) No (because you are applying for different class)
2) H1 and H4 are not in same class.
Why I said H1 and H4 is not in same class is, when you choose "Purpose of Travel" as "working in USA" then they are showing multiple choices for "Select Visa class". where it lists H1 , H2, h3 etc.. separately. When H1 and H2/ H3 are not in same class then how H4 will be of same class as H1.
Also refer the link below. where it listed H1 and H4 separately in Visa class table.
Non-Immigrant Visas - Visa Classes (http://madrid.usembassy.gov/cons/nonimmigvisaclasses.html)
To the best of my knowledge, here are the answers to your Q's
1) No (because you are applying for different class)
2) H1 and H4 are not in same class.
Why I said H1 and H4 is not in same class is, when you choose "Purpose of Travel" as "working in USA" then they are showing multiple choices for "Select Visa class". where it lists H1 , H2, h3 etc.. separately. When H1 and H2/ H3 are not in same class then how H4 will be of same class as H1.
Also refer the link below. where it listed H1 and H4 separately in Visa class table.
Non-Immigrant Visas - Visa Classes (http://madrid.usembassy.gov/cons/nonimmigvisaclasses.html)
jsb
05-27 01:02 PM
this is final stage of processing, get ready for GC stamp on passport.
Good luck.
I don't think you need a stamp on your passport? GC comes as a plastic card by mail. No more stampings !!
Good luck.
I don't think you need a stamp on your passport? GC comes as a plastic card by mail. No more stampings !!
ruchigup
08-28 01:28 PM
Below is the response I got today in email. For the "additional review" part should I be concerned
The status of this service request is:
Based on your request we researched the status of this case. We are actively processing this case. However, we have to perform additional review on this case and this has caused a longer processing time. If you do not receive a decision or other notice of action from us within 6 months of this letter, please call customer service at the number provided below.
If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.
The status of this service request is:
Based on your request we researched the status of this case. We are actively processing this case. However, we have to perform additional review on this case and this has caused a longer processing time. If you do not receive a decision or other notice of action from us within 6 months of this letter, please call customer service at the number provided below.
If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.
