wandmaker
11-13 12:56 PM
I don't think walking in with 485 receipt will work. Call USCIS 800 number and check the status of FP notice, if required open a service request. I'm a july 2 filer, did not receive notice till 10/10 - I called on 10/12 the CSR told me that my FP notice is schedule to be printed and waiting for an appointment with local ASC. In a week time, I received a FP notice, and gonna for FP end of this month. Hope this helps
Hi Saroj,
Thanks for the info. I have not got FP notice and it has been over 4 months from I-485 receipt date. Do you think ASC will entertain FP request if I just walk in with I-485 receipt?
SJ
Hi Saroj,
Thanks for the info. I have not got FP notice and it has been over 4 months from I-485 receipt date. Do you think ASC will entertain FP request if I just walk in with I-485 receipt?
SJ
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lax999
12-13 12:51 PM
This was the first time I called up the USCIS help desk (1-800-375-5283) to find about AC21 180 days rule, when she asked what is this for I informed for change of employer.
I would like to know if that statement would be noted and would it create me any problems in future, as of now I don�t have any plans to change employer.
Any suggestions are greatly appreciated.
My Case Details:
PD: EB2- 2006.
I-140 Cleared.
EAD: Received.
FP: Completed
I would like to know if that statement would be noted and would it create me any problems in future, as of now I don�t have any plans to change employer.
Any suggestions are greatly appreciated.
My Case Details:
PD: EB2- 2006.
I-140 Cleared.
EAD: Received.
FP: Completed
gc_check
02-12 11:16 PM
You have to get from your attorney or employer only. There is no other way you can get this. For joining for a new employer, the new job my be same or similar if you are using EAD / AC21 to continue GC processing.
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STAmisha
02-19 09:56 AM
I'm on H1 and My spouse is on H4 (came on H4 in Dec 2003)
We are both Canadian PR's. I worked out a deal with my US based to company so that I work in Canada and come to USA occasionally.
Here are a few questions regd my spouse
Planning to apply for H1 in April 2007, Once H1 is approved
-Can we use automatic revalidation to enter USA without getting our visa's stamped. My h1 expired in 2006 and my spouse;s H4 expired in 2006.
(remember my spouse is applying for H1 )
-How safe it is FrequENTLY travel to Canada and back
-How safe it is to stay in Canada for duration of 3-6 months and come back to USA
-Once my spouse gets the H1 approved, should he move to H1 immediatly or can continue on H4?
-stamping of H1 (first stamping for H1 in Canada) after conversion from H4
We are both Canadian PR's. I worked out a deal with my US based to company so that I work in Canada and come to USA occasionally.
Here are a few questions regd my spouse
Planning to apply for H1 in April 2007, Once H1 is approved
-Can we use automatic revalidation to enter USA without getting our visa's stamped. My h1 expired in 2006 and my spouse;s H4 expired in 2006.
(remember my spouse is applying for H1 )
-How safe it is FrequENTLY travel to Canada and back
-How safe it is to stay in Canada for duration of 3-6 months and come back to USA
-Once my spouse gets the H1 approved, should he move to H1 immediatly or can continue on H4?
-stamping of H1 (first stamping for H1 in Canada) after conversion from H4
more...
Cheran
04-14 05:24 AM
This is an option given to me by my lawyer - I can change job within my company to a differenct category, even though Green Card Process has to be restarted, we can port the priority date. So it is an option....
All,
My friend works as an internal auditor within a big 4 acccounting firm. His practice is doing quite badly. As there are tons of different practices within this firm, he is thinking about transferring. But his PERM was filed for the internal audit manager position and his I-140 has alreday been approved. If he transfers to a function unrelated to internal audit within his firm (e.g. external audit, tax, fraud, etc.), would there be a problem?
Can anyone here provide some guidance or point him to the right discussion thread?
Thanks!!!
All,
My friend works as an internal auditor within a big 4 acccounting firm. His practice is doing quite badly. As there are tons of different practices within this firm, he is thinking about transferring. But his PERM was filed for the internal audit manager position and his I-140 has alreday been approved. If he transfers to a function unrelated to internal audit within his firm (e.g. external audit, tax, fraud, etc.), would there be a problem?
Can anyone here provide some guidance or point him to the right discussion thread?
Thanks!!!
Kevin Sadler
June 6th, 2005, 05:34 AM
I put in my thumbs up for the 3d effect. Very cool. The first thought that comes to my mind is one of those lovey dovey greeting cards with the gold scripted lettering. This is definitely a candidate for that.
more...
wandmaker
11-01 08:21 PM
Hi, I wanted to know if it is possible for me to maintain my H1 status (and my wife's H4) status while re-entering the US using I-131 Advance Parole document without a valid H1 visa stamp in my passport.
Here's my situation: -
1. I have been on H1 status for the past 6+ years.
2. My current employer filed for an H1 renewal/extension petition for years 7-9 which has been approved and we have the approval notice.
3. My wife's H4 renewal petition has also been approved.
4. We both have filed for I-485 Adjustment of Status which is pending with USCIS due to retrogression.
5. Our H1 & H4 visa stamps in the passport expired in September of 2009.
6. We are planning to leave the US for about a month in Nov-Dec and do have valid I-131 documents for purposes of re-entering.
At the port of entry, can we show our H1/H4 approval notices to the IO and request that he stamp our new I-94s for a H1/H4 status?
Thanks
Showing H1/H4 notice will lead to confusion and @POE, officer will not issue I-94 per H1/H4 notices. Rather, you show your AP and re-enter the country, and your I-94 will be issued as Parolee w/ the validity of 1 year. You can still work for your H1B employer in H1 status and continue to renew when it expires. My 2 cents.
Here's my situation: -
1. I have been on H1 status for the past 6+ years.
2. My current employer filed for an H1 renewal/extension petition for years 7-9 which has been approved and we have the approval notice.
3. My wife's H4 renewal petition has also been approved.
4. We both have filed for I-485 Adjustment of Status which is pending with USCIS due to retrogression.
5. Our H1 & H4 visa stamps in the passport expired in September of 2009.
6. We are planning to leave the US for about a month in Nov-Dec and do have valid I-131 documents for purposes of re-entering.
At the port of entry, can we show our H1/H4 approval notices to the IO and request that he stamp our new I-94s for a H1/H4 status?
Thanks
Showing H1/H4 notice will lead to confusion and @POE, officer will not issue I-94 per H1/H4 notices. Rather, you show your AP and re-enter the country, and your I-94 will be issued as Parolee w/ the validity of 1 year. You can still work for your H1B employer in H1 status and continue to renew when it expires. My 2 cents.
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GCBy3000
11-08 03:17 PM
This is a very sad message this morning I got to read from my inbox. I am not bothered about losing the pledge, but I am shocked to see only 88 members pledged. The sadest part is that this pledge is created by a US Citizen for IV.
IV Members 6000+
Retrogressed members 350,000+
Why only 88 pledged? Many people wants free ride which they cannot get if they dont want to unite for the common cause. I know most of the H1b holders are paid well and spend a lot. But when it comes to donate, they feel $1 equivalent to $1000. The reason is they feel they are not getting anything in return which is not true and they feel they are smart to get a free ride when others donate.
If you dont unite for the common cause, everyone including is going to struggle to get what you want. But at least the donated members will feel good about trying their best.
*************** EMAIL FROM PLEDGEBANK *****************
We are sorry to have to inform you that the pledge to which you
signed up did not meet its target in the required time. It
required 1000 other people, but achieved only 88.
The pledge, created by Randall Emery, read: 'I will donate $10
monthly to Immigration Voice for one year but only if 1,000
other people will too.'
This means you don't have to do your part of the pledge.
Instead, why not sign up to local alerts at
http://www.en-gb.pledgebank.com/alert to find out when someone
creates a new pledge near you, browse the pledges at
http://www.en-gb.pledgebank.com/list or perhaps make your own
pledge.
-- the PledgeBank.com team
IV Members 6000+
Retrogressed members 350,000+
Why only 88 pledged? Many people wants free ride which they cannot get if they dont want to unite for the common cause. I know most of the H1b holders are paid well and spend a lot. But when it comes to donate, they feel $1 equivalent to $1000. The reason is they feel they are not getting anything in return which is not true and they feel they are smart to get a free ride when others donate.
If you dont unite for the common cause, everyone including is going to struggle to get what you want. But at least the donated members will feel good about trying their best.
*************** EMAIL FROM PLEDGEBANK *****************
We are sorry to have to inform you that the pledge to which you
signed up did not meet its target in the required time. It
required 1000 other people, but achieved only 88.
The pledge, created by Randall Emery, read: 'I will donate $10
monthly to Immigration Voice for one year but only if 1,000
other people will too.'
This means you don't have to do your part of the pledge.
Instead, why not sign up to local alerts at
http://www.en-gb.pledgebank.com/alert to find out when someone
creates a new pledge near you, browse the pledges at
http://www.en-gb.pledgebank.com/list or perhaps make your own
pledge.
-- the PledgeBank.com team
more...
Curious_Techie
10-17 10:36 AM
Friends I have a relative who is willing to get his GC via EB-5 Category.
Anybody who can share there knowledge on this? Recommend a good attorney who is kinda master in this category?
Appreicate it
Anybody who can share there knowledge on this? Recommend a good attorney who is kinda master in this category?
Appreicate it
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amitjoey
04-05 04:11 PM
I did not notice this thread, I am from Sacramento, CA
more...
acecupid
06-26 09:42 AM
Today I found out there was a soft LUD on my I485 application. I am not sure what it is. How can I find what is going on with my I-485 application. Befre that there was a soft LUD on my travel document which I file in 2007 after that I did not file that. I just want to know what is going on with my application. Please let suggest.
Maybe you are about to get your GC ;) Dude, chill out and relax... dont be so anxious over a soft LUD. It will only affect your health adversely being overly stressed out over LUDs and GC.
Maybe you are about to get your GC ;) Dude, chill out and relax... dont be so anxious over a soft LUD. It will only affect your health adversely being overly stressed out over LUDs and GC.
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prajwal123
01-07 03:40 PM
Hi,
I Think you need not worry. Air-india will stop in paris for 1 or 2 hours for fuel. They will not allow you to get down from flight. So, technically no stop in paris. I came through air-india last week. No need of french visa. Go by what air-india says. Regarding NJ-Newyork.. let others can answer. No problem as long as u have full AP Papers.
I Think you need not worry. Air-india will stop in paris for 1 or 2 hours for fuel. They will not allow you to get down from flight. So, technically no stop in paris. I came through air-india last week. No need of french visa. Go by what air-india says. Regarding NJ-Newyork.. let others can answer. No problem as long as u have full AP Papers.
more...
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gparr
May 19th, 2004, 02:57 PM
I agree with you 100%. As we've discussed before, it's still a great motivator to both get off our butts and to shoot something different.
Gary
Gary
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ak27
02-20 09:29 AM
I had spoken to couple of Attorneys and they have told me that H1B will done with in two weeks this year. Therefore, anyone looking to apply, get your ducts lined up.. There is not much time left..
Ajay
Taken from I-129 Instructions, page 13:
When to File.
Generally, a Form I-129 petition may not be filed more than six months prior to the date employment is scheduled to begin. Petitioners should review the appropriate regulatory provisions in 8 CFR which relate to the nonimmigrant classification sought.
Ajay
Taken from I-129 Instructions, page 13:
When to File.
Generally, a Form I-129 petition may not be filed more than six months prior to the date employment is scheduled to begin. Petitioners should review the appropriate regulatory provisions in 8 CFR which relate to the nonimmigrant classification sought.
more...
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Blog Feeds
09-18 10:20 AM
Attorney Eugenia Ponce recently wrote a blog post here (http://www.immigration-law-answers-blog.com/2009/07/immigration-law/immigration-rights/lawful-permanent-residents-keep-trips-abroad-relatively-short/) cautioning Lawful Permanent Residents to keep their trips abroad relatively short. Here is the text of that post:
Lawful permanent residents (LPR) of the United States (green card holders) need to keep their trips abroad to a relatively short period of time. The Department of Homeland Security (DHS) could determine that an LPR has abandoned their residence if the LPR’s intent was not to return to the U.S. within a relatively short period of time.
Factors DHS could consider in evaluating the LPR’s intent include:
Whether the trip abroad is lengthy or for a short period of time;
LPR’s family ties in the U.S.;
property holding in the U.S.;
business affiliations within the U.S.;
LPR’s family, property, and business ties in the foreign country.
After that was posted, we were asked what exactly we meant by the term "relatively short." Of course the answer, as always, depends on several factors. But here is a further explanation from Ms. Ponce:
What a "relatively short period of time" is can't be defined in terms of elapsed time alone. Generally, lawful permanent residents (LPR) can use their green cards to return to the United States after a temporary absence not exceeding one year. The most important factor in concluding whether an LPR abandoned his or her U.S. residence is to look at the LPR's actual intent to return to the United States after a short trip, along with the other factors such as property, business, and family ties inside the U.S. and in the foreign country. An LPR returning to the U.S. once a year for a few days doesn't "automatically revalidate" a green card in a situation in which the lawful permanent resident has actually been residing abroad.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/lWE-18mYGGw/)
Lawful permanent residents (LPR) of the United States (green card holders) need to keep their trips abroad to a relatively short period of time. The Department of Homeland Security (DHS) could determine that an LPR has abandoned their residence if the LPR’s intent was not to return to the U.S. within a relatively short period of time.
Factors DHS could consider in evaluating the LPR’s intent include:
Whether the trip abroad is lengthy or for a short period of time;
LPR’s family ties in the U.S.;
property holding in the U.S.;
business affiliations within the U.S.;
LPR’s family, property, and business ties in the foreign country.
After that was posted, we were asked what exactly we meant by the term "relatively short." Of course the answer, as always, depends on several factors. But here is a further explanation from Ms. Ponce:
What a "relatively short period of time" is can't be defined in terms of elapsed time alone. Generally, lawful permanent residents (LPR) can use their green cards to return to the United States after a temporary absence not exceeding one year. The most important factor in concluding whether an LPR abandoned his or her U.S. residence is to look at the LPR's actual intent to return to the United States after a short trip, along with the other factors such as property, business, and family ties inside the U.S. and in the foreign country. An LPR returning to the U.S. once a year for a few days doesn't "automatically revalidate" a green card in a situation in which the lawful permanent resident has actually been residing abroad.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/lWE-18mYGGw/)
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amyleu
06-18 12:55 PM
I filed the Labor Certification since September, 07 and got audited in November, 07. The response was sent to DOL in November, 07. I have not heard anything since then. Also, my H1B visa expired in the early of May, 08. I left US on April 28, 08. I�m very frustrated and depressed, and the lawyer is very unhelpful. I got questions as follows:
1) Should I refile the Labor Certification with my current employer in the new position? How about the audit? Should I request to DOL to withdraw the application first and refile the new one? Will my PD be changed according to the new filing date?
2) What would be the best way about H1B visa? I was out of US for one and a half month during these 6 years of H1B period. I heard that the vacation can be recapped, and I will be able to go back to US in the mid of July, 08 due to the pending PERM application for 365 days. In this case, should I start filing the H1B recapture with the H1 Extension now since my application will be pending for a year by the mid of July, 08 (include one and a half month times out of US). Otherwise, should I wait and start the application in the mid of July, 08?
3) If my Labor Certification is pending again till the end of one year extension (in the case of getting the approval on one year extension), do I have to leave US again?
4) I wonder if I should wait outside US for a year until the early of May, 09. Then, reapply the new 6 year- H1B visa again. Can my current employer do that for me? Would it be the better option comparing to the H1B recapture and H1B extension? In the case of starting the new application, when should I start the application? I heard the new H1B cap usually starts around the early of April and will be filled up within a couple days. Also, I have to wait for one year prior to applying for a new H1B, counting the day that my visa expired. So, does it mean that I have to wait till the early of May, 09 to be eligible to send the H1B application since the application will be rejected from USCIS in the case of submitting it prior to the early of May, 09 (one year rule)? Will the cap be filled up by then and what will I do?
Anybody, please advise. Thank you very much.
1) Should I refile the Labor Certification with my current employer in the new position? How about the audit? Should I request to DOL to withdraw the application first and refile the new one? Will my PD be changed according to the new filing date?
2) What would be the best way about H1B visa? I was out of US for one and a half month during these 6 years of H1B period. I heard that the vacation can be recapped, and I will be able to go back to US in the mid of July, 08 due to the pending PERM application for 365 days. In this case, should I start filing the H1B recapture with the H1 Extension now since my application will be pending for a year by the mid of July, 08 (include one and a half month times out of US). Otherwise, should I wait and start the application in the mid of July, 08?
3) If my Labor Certification is pending again till the end of one year extension (in the case of getting the approval on one year extension), do I have to leave US again?
4) I wonder if I should wait outside US for a year until the early of May, 09. Then, reapply the new 6 year- H1B visa again. Can my current employer do that for me? Would it be the better option comparing to the H1B recapture and H1B extension? In the case of starting the new application, when should I start the application? I heard the new H1B cap usually starts around the early of April and will be filled up within a couple days. Also, I have to wait for one year prior to applying for a new H1B, counting the day that my visa expired. So, does it mean that I have to wait till the early of May, 09 to be eligible to send the H1B application since the application will be rejected from USCIS in the case of submitting it prior to the early of May, 09 (one year rule)? Will the cap be filled up by then and what will I do?
Anybody, please advise. Thank you very much.
more...
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gcharry
11-11 07:46 PM
Hi, Last August 07, I have applied for 140 & 485 and have a priority date of Feb 2005. I got married in July 08. Now, I can't apply 485 for my spouse as dates are not current. My 140 got approved. I am just worried that My 485 might get approved before I could apply 485 for my spouse. And no one knows when 485 date will be current again. Any ideas? Any one is in my situation?
Thanks.
Thanks.
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bfadlia
05-15 03:48 PM
Hi Guys,
I am also thinking abt applying for Canada PR?How much would it cost? Is location specific?
Again, looking at the website might help u more get the whole picture and all the details, than asking a question or two on forums http://www.cic.gc.ca/english/immigrate/index.asp
The cost varies by family size. For a family of 4, in the beginning u'll need 1000-2000 for application fees and to prepare ur documents. one or two years later, you'll need another 1000-2000 for medical exams and landing/visa fees.
If you apply to the federal program, you are allowed to go anywhere except quebec. There is also a provincial program in each province that allows u to immigrate to that province, but then again u can move later..
I am also thinking abt applying for Canada PR?How much would it cost? Is location specific?
Again, looking at the website might help u more get the whole picture and all the details, than asking a question or two on forums http://www.cic.gc.ca/english/immigrate/index.asp
The cost varies by family size. For a family of 4, in the beginning u'll need 1000-2000 for application fees and to prepare ur documents. one or two years later, you'll need another 1000-2000 for medical exams and landing/visa fees.
If you apply to the federal program, you are allowed to go anywhere except quebec. There is also a provincial program in each province that allows u to immigrate to that province, but then again u can move later..
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maddipati1
05-27 01:19 PM
during the period from July 2009 to November 2009, your extension was pending and not rejected/denied by USCIS and also your sponsoring employer did not revoke the application. so, logically it should be authorized employment. you can work with the receipt itself, if nothing is decided about the application.
but, better talk to ur lawyer. since there is gray area for ignorant IO @ POE to misinterpret, better have your lawyer available on call during the time of your entry to explain to IO.
but, better talk to ur lawyer. since there is gray area for ignorant IO @ POE to misinterpret, better have your lawyer available on call during the time of your entry to explain to IO.
uma001
04-26 10:16 AM
I have a query related to entitlement of salary and back wages. I was laid off by a big MNC software company based in Texas in Oct 2009 . Just in span of 1 week , i was offered a position by desi consulting company starting November 1 . They started my H1 transfer process stating starting date as November 1 on LCA petition . I was told to wait until H1 receipt comes and client gives green signal to start the project.
Even after getting the receipt on 30th November , i was never sent on project neither paid .
I waited till 31st December and left the country on 1st Jan 2010.
What are my rights ? Am i entitled to get the back wages as stated on LCA petition because i was never paid by employer till date ?
What is the duration period i could get the salary ?
Please let me know the process to get my pending salary if i am entitled to get any
Are you trying to come back. Why didnt you try to get back the salary when you were in US?
Even after getting the receipt on 30th November , i was never sent on project neither paid .
I waited till 31st December and left the country on 1st Jan 2010.
What are my rights ? Am i entitled to get the back wages as stated on LCA petition because i was never paid by employer till date ?
What is the duration period i could get the salary ?
Please let me know the process to get my pending salary if i am entitled to get any
Are you trying to come back. Why didnt you try to get back the salary when you were in US?
rajuseattle
03-02 12:55 PM
rajpatelemail,
U said it right, I dont know why IV admin/moderators keep allowing such abusive language in the IV forum.
IV forum is suppose to help legal immigrants dealing with different immigration related situations, instead now its turning into the forum where people started hatred.
IV admin please intervene and stop these kind of posting, which hurts IV's cause.
U said it right, I dont know why IV admin/moderators keep allowing such abusive language in the IV forum.
IV forum is suppose to help legal immigrants dealing with different immigration related situations, instead now its turning into the forum where people started hatred.
IV admin please intervene and stop these kind of posting, which hurts IV's cause.
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