amoljak
03-06 11:49 PM
Get a "good" lawyer. Someone who knows which tax documents to submit, where you and your wife needs to sign and someone who checks your forms before sending them to USCIS.
If you post your location here you will get good references.
If you post your location here you will get good references.
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parablergh
09-06 05:19 AM
it is fine to have both I-485s filed and pending - generally speaking, if one gets approved, USCIS should deny the other (as a LPR you will no longer be eligible to adjust your status to lpr).
eucalyptus.mp
02-18 08:11 PM
I want to transfer my H1 , I got aproject . But I dont have Jan Paystub . I have upto Dec 2008. will it cause any problem for transfer
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raysaikat
10-04 11:13 AM
Hello,
I entered this country (US) on a F1 visa. I've completed my masters and during my post-completion OPT I was offered a job by a company who filed my H1. It was approved in Nov 09 and was valid until Nov 2012. But in Apr 2010 I was laid off and since H1 doesn't have any grace period and I couldn't find an employer ready for a transfer, so I changed my status back to F1. I'm currently working for an IT consulting company (full time) at their client location. The client would like to hire me full time. But since I'm working on my CPT, and do not have a valid H1 visa is it possible that the Client can simply transfer my existing H1 or do they have to file a new H1 as my status has changed. Please suggest as I'm very Confused how to deal with this situation as I do not want to lose an opportunity. Also please do throw some light on any grey areas if present.
Thanks
Pradeep.
There is nothing called "transfer". Every H1-B petition is a new petition. Your employer has to submit a petition on your behalf. Since you have already been counted towards the quota once within the last 6 years, you will not be subject to the quota again.
==============
�(7) Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.�.
==============
I entered this country (US) on a F1 visa. I've completed my masters and during my post-completion OPT I was offered a job by a company who filed my H1. It was approved in Nov 09 and was valid until Nov 2012. But in Apr 2010 I was laid off and since H1 doesn't have any grace period and I couldn't find an employer ready for a transfer, so I changed my status back to F1. I'm currently working for an IT consulting company (full time) at their client location. The client would like to hire me full time. But since I'm working on my CPT, and do not have a valid H1 visa is it possible that the Client can simply transfer my existing H1 or do they have to file a new H1 as my status has changed. Please suggest as I'm very Confused how to deal with this situation as I do not want to lose an opportunity. Also please do throw some light on any grey areas if present.
Thanks
Pradeep.
There is nothing called "transfer". Every H1-B petition is a new petition. Your employer has to submit a petition on your behalf. Since you have already been counted towards the quota once within the last 6 years, you will not be subject to the quota again.
==============
�(7) Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.�.
==============
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knacath
10-10 12:07 PM
My wife had the same situation - was going to be out of town on the scheduled day. She went to the Dallas office on a Wednesday or Thursday and explained the situation to them. They said they were busy that day and said she had upto 89 (?) days to do it. They said she could walk in on any Saturday within that time frame. They also said that there was no need to reschedule. Sure enough, she went in on a Saturday 2 or 3 weeks after the scheduled date and they took her fingerprints.
singhsa3
08-08 01:03 PM
What good is the processing if it does not result in Green Card Production..
How do you know that NSC is not processing the post April 2004 EB-2 cases? any source like infopass or calling the customer service?
How do you know that NSC is not processing the post April 2004 EB-2 cases? any source like infopass or calling the customer service?
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reachinus
07-18 01:02 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
Yes. You can get the numbers for the cancelled checks as well.
BTW, When did your 485 application/package reach USCIS? June or July 2007
Yes. You can get the numbers for the cancelled checks as well.
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Templarian
04-13 02:29 AM
Another fun contest. Great work on the entries :fab:
I think I'll sit out and be a judge next time around (hopefully it's the T-shirt one, could really use a nice Kirupa T-shirt).
I think I'll sit out and be a judge next time around (hopefully it's the T-shirt one, could really use a nice Kirupa T-shirt).
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ajay
11-30 12:29 PM
Folks,
Desperately need some help here. I do NOT have access to my PERM or I-140 applications and my current employer's lawyers refuse to give me the documents.
I want to get H1 transfer and AC-21 to move to another company since I HAVE the EAD but cannot use it since my wife is a dependent on my H1B.
I am desperately trying to find where to get the "job duties" and the DOT/SOC codes that the new company's lawyer says would be needed to make sure I don't have to go through the PERM/I-140 process again.
PLEASE advise.
Thanks!
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Desperately need some help here. I do NOT have access to my PERM or I-140 applications and my current employer's lawyers refuse to give me the documents.
I want to get H1 transfer and AC-21 to move to another company since I HAVE the EAD but cannot use it since my wife is a dependent on my H1B.
I am desperately trying to find where to get the "job duties" and the DOT/SOC codes that the new company's lawyer says would be needed to make sure I don't have to go through the PERM/I-140 process again.
PLEASE advise.
Thanks!
Try this O*NET OnLine (http://online.onetcenter.org/)
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chanduv23
10-16 12:59 PM
Hi,
I just want to know as to will the Green Card process happen faster if the State of GA were to sponsor it?
Request you to reply soon.
Thanks
I have not heard of any specific quota for Govt agencies, maybe they have, can anyone confirm it?
I think there is no specific govt quota, everything goes through the EB process
I just want to know as to will the Green Card process happen faster if the State of GA were to sponsor it?
Request you to reply soon.
Thanks
I have not heard of any specific quota for Govt agencies, maybe they have, can anyone confirm it?
I think there is no specific govt quota, everything goes through the EB process
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sunny1000
07-01 04:14 PM
Hello,
I was on valid 3-year H1 visa until Dec 2010. I got layed off in Feb 2009.
I found another employer to file my H1 transfer case in April '09 and the case is still pending (regular processing). We received a RFE asking for my most recent pay stubs and employer info recently.
The question I have is if the H1 transfer gets denied, what do I do next? How much time do I have to leave the US? Do they give time to pack and make plans to leave? I don't want to face deportation. Also, I have a valid 10- year B1/B2 visa stamped on my passport. Can I use that in any way.
Your response is greatly appreciated.
Thanks!
Your status is governed by the last I-94 which I assume is based on the H1B visa. Once you have had the H1B stamped on the passport, the B1 would have become invalid at that point (even though you may not have the "cancelled without prejudice" stamp on it).
Now, if your H1B gets denied, God forbid, you have 10 days to leave.
I wish you good luck.
I was on valid 3-year H1 visa until Dec 2010. I got layed off in Feb 2009.
I found another employer to file my H1 transfer case in April '09 and the case is still pending (regular processing). We received a RFE asking for my most recent pay stubs and employer info recently.
The question I have is if the H1 transfer gets denied, what do I do next? How much time do I have to leave the US? Do they give time to pack and make plans to leave? I don't want to face deportation. Also, I have a valid 10- year B1/B2 visa stamped on my passport. Can I use that in any way.
Your response is greatly appreciated.
Thanks!
Your status is governed by the last I-94 which I assume is based on the H1B visa. Once you have had the H1B stamped on the passport, the B1 would have become invalid at that point (even though you may not have the "cancelled without prejudice" stamp on it).
Now, if your H1B gets denied, God forbid, you have 10 days to leave.
I wish you good luck.
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Michael chertoff
10-23 07:29 PM
hi all
im in F2B ( LPR filing for son over 21 )
my PD : 12-aug-2009
ON 23-dec-2009 case has been approved , based on the Visa Bulletin currently the are processing visas for F2A with priority date before in 1- JUN i think soon " within 2 month " it will become current and thus all unused visa numbers will transfer to F2B ( spilover ) if this happen i assume i will get my paper and interiview within 2011 .
AM I RIGHT ?????
any insight will be appreciated
100 % right. Have a nice weekend.
MC
im in F2B ( LPR filing for son over 21 )
my PD : 12-aug-2009
ON 23-dec-2009 case has been approved , based on the Visa Bulletin currently the are processing visas for F2A with priority date before in 1- JUN i think soon " within 2 month " it will become current and thus all unused visa numbers will transfer to F2B ( spilover ) if this happen i assume i will get my paper and interiview within 2011 .
AM I RIGHT ?????
any insight will be appreciated
100 % right. Have a nice weekend.
MC
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hemanth22
06-25 04:30 PM
Gurus
Please advice.
The H1-stamp on my passport has expired in 2005. I have an approval for H1 till 2010
I will be filing 485 / EAD / AP on July 1st in EB2 category.
Since the 485 approvals are 2-3 years away
Is it possible to go out of the country for H-1 B stamping or if the EAD/AP gets approved i must go on to that status.
H1 is preferable since i do not have to worry about work authorization
whereas with EAD since it expires in 1 year , i will have to keep my fingers crossed and not work till the next EAD gets approved ( after june next year )
Regards
Please advice.
The H1-stamp on my passport has expired in 2005. I have an approval for H1 till 2010
I will be filing 485 / EAD / AP on July 1st in EB2 category.
Since the 485 approvals are 2-3 years away
Is it possible to go out of the country for H-1 B stamping or if the EAD/AP gets approved i must go on to that status.
H1 is preferable since i do not have to worry about work authorization
whereas with EAD since it expires in 1 year , i will have to keep my fingers crossed and not work till the next EAD gets approved ( after june next year )
Regards
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indyanguy
07-17 09:16 PM
My lawyer sent out the LC Substitution/140/485/EAD on July 2nd and said that all these can be filed concurrently and he wanted to take advantage of the dates being current.
I read in several forums that it's necessary to have the LC substitution stage completed before filing for 140/485. Is this true?
Is it possible that there are more chances of LC substitution denial? If so, what are my options?
Thanks!
PS: This is a genuine LC substitution case!
I read in several forums that it's necessary to have the LC substitution stage completed before filing for 140/485. Is this true?
Is it possible that there are more chances of LC substitution denial? If so, what are my options?
Thanks!
PS: This is a genuine LC substitution case!
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Canadian_Dream
10-04 04:30 PM
Check the I-94 date on the previous extension. If she overstayed beyond that date it could lead to 3/10 year bar depending upon her period of overstay. USCIS rarely ever grant extension for more that 6 months after the initial six month admission.
my mothe in law is visiting us. she came to the Us last Aug 2006 as a B2 (tourist visa). we extented her visa once which iwas valid for Aug 8, 2007. then we applied for the extention again. yesterday we received the letter saying USCIS is not going to extend the visa anymore. the application had been rejected. but they didn't mentioned any date in the letter about when she have to go back.
what is safe for her? does she have any deadline to go back? is it 15 days or a month....
someone please let me know...thanks ahead
my mothe in law is visiting us. she came to the Us last Aug 2006 as a B2 (tourist visa). we extented her visa once which iwas valid for Aug 8, 2007. then we applied for the extention again. yesterday we received the letter saying USCIS is not going to extend the visa anymore. the application had been rejected. but they didn't mentioned any date in the letter about when she have to go back.
what is safe for her? does she have any deadline to go back? is it 15 days or a month....
someone please let me know...thanks ahead
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gcslave
07-08 05:30 PM
I didn't get an email, but I checked my case status online and it has changed to Decision today. Waiting to get the snail mail. Hopefully, it will move to card production ordered soon. My wife has a FP appt on Jul 15, so I wasn't expecting to get approval before that, but I guess sometimes the surprises are pleasant.
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PD - Mar 21, 2005
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dilber
10-13 12:09 PM
Well it is not a significant change but dates have moved by a week for EB3 I I know its no where near enough for the category but hey there is some movement. There has been a neet 4 month movement for EB3 C and some of M as well. now all EB3 other than india are at same cut off date.
We need to work towards visa recapture thats the only thing that can help EB3 I.
We need to work towards visa recapture thats the only thing that can help EB3 I.
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andy garcia
03-28 05:59 PM
Thank you. So we do have to answer "Yes" to all the 3 questions!
Answer No to 2, Yes to 1 and 3.
Immigrant Petition is I-140.
Answer No to 2, Yes to 1 and 3.
Immigrant Petition is I-140.
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morchu
05-07 03:21 PM
Yes. The key is that the entity remains the same. And same EIN is a proof for that. One company can have multiple valid DBAs at the same period of time (just like name aliases).
Still it is better to check with an attorney whether a "successor of interest" petition is needed, especially if the old DBA is invalidated.
Hi, Thanks for replying. Just verifying - is the tax number the same as employer identification number (EIN)?
Still it is better to check with an attorney whether a "successor of interest" petition is needed, especially if the old DBA is invalidated.
Hi, Thanks for replying. Just verifying - is the tax number the same as employer identification number (EIN)?
monkeyman
03-06 09:59 PM
Congratulations - you have 90 days after it expires to renew it. Since you got your GC within 60 days, there is nothing to worry about. You must however talk to your HR with a copy of ur GC and update the I-9. But that is just for records and should there be an audit, you should be all set.
gxr
10-03 06:56 PM
Sorry folks, the question may have been asked before.
Does I-140 have to be approved before using AC21? In my case, I140 has been pending for 1 year now, but got EAD recently.
If I use AC21 to move to a new job in 6 months, can employer pull out the I-140 ?
Any workarounds?
Does I-140 have to be approved before using AC21? In my case, I140 has been pending for 1 year now, but got EAD recently.
If I use AC21 to move to a new job in 6 months, can employer pull out the I-140 ?
Any workarounds?
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