msgrewal81
08-30 09:11 PM
What a mean approach....what about people who have yet to apply EB3...guys when are we start supporting future EB appliers as illegals from mexico vote for candidates who support legalization of illegals..
Typical EB approved guy dont give hell to the one who follows...that needs to change and be taken care in all the future proposals coming up from IV..
Typical EB approved guy dont give hell to the one who follows...that needs to change and be taken care in all the future proposals coming up from IV..
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uslegals
11-15 03:53 PM
Not even sure if it matters any more. We have been current for 3 months now but no update.
snathan
02-23 06:59 PM
I have a B.E in Electronics (4 years) and an PGDM in IT (2 years) from India but my I140 is denied on the basis that my PGDM School in India would accept 3 years undergrad and thus the education is not equivalent to M.S in US. I did send the educational evaluation along with I140 but the decision was made on the descretion on CIS.
Please advice if I should refile with education evaluation from anothe agency.
Its all depends on what you have in the PERM requirement. It shouldn’t be an issue when you have an B.E - 4 years. But the USCIS says the PGDM accepts 3 years bachelor also and I am not sure how that’s matter for your individual case. Talk to a competent attorney.
They are not disputing your B.E but your PGDM...
Please advice if I should refile with education evaluation from anothe agency.
Its all depends on what you have in the PERM requirement. It shouldn’t be an issue when you have an B.E - 4 years. But the USCIS says the PGDM accepts 3 years bachelor also and I am not sure how that’s matter for your individual case. Talk to a competent attorney.
They are not disputing your B.E but your PGDM...
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mrdhoni
08-29 01:56 AM
I am working in US on L1A visa expiring in November 2010 (completing 7 years). The Visa with whom I am working are not processing my GC. Before changing my Visa to L1A, I had H1B which is expired now. So I am applying for PERM through another employer. This employer/attorney is going to file for Labor in one or two months. What are the chances of my Labor and I-140 getting approved before December 2010? If my Labor got approved by December 2010, Can I switch to the employer who has applied for PERM and continue staying in US? Are there any options? Please advice. Thanks for your time.
more...
jonty_11
06-19 12:32 PM
link please?
number30
08-23 07:26 PM
Hi
I am currently on H1b and I have applied for an extension around July 14th. My i-94 is expiring on
Sept 20th. My husband is currently on F-1. I wanted to find out in case my H1b visa is rejected, will
I have to immediately leave the country. Would it be possible for me to convert to F-2 while being in US
in case my H1-B gets rejected?
Convert H1 into Premium. You need to get the results before Sept-20. So that you can apply for F2 visa.
I am currently on H1b and I have applied for an extension around July 14th. My i-94 is expiring on
Sept 20th. My husband is currently on F-1. I wanted to find out in case my H1b visa is rejected, will
I have to immediately leave the country. Would it be possible for me to convert to F-2 while being in US
in case my H1-B gets rejected?
Convert H1 into Premium. You need to get the results before Sept-20. So that you can apply for F2 visa.
more...
pady
01-08 02:56 PM
No, It is now ROW, I am from India EB2. But as I said, they didn't make any decision. They still want to review the file and will get back to me in 120 days.
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SlowRoasted
04-24 10:34 PM
oooooo, that is a great one dude.
more...
Ramba
08-19 04:17 PM
Is it possible to convert or interfile an existing EB based I-485 application to FB based I-485?
I have pending I-485 through an approved I-140 (EB). PD is not current. I recently got married and my spouse is a US Citizen. We are considering pursueing FB application. Reading through the forums I gather that my spouse has to file I-130 and I file for I-485. My question is regarding I-485.
If I have to file for a new I-485, what happens to the existing one? Do I have to get new medical exam? Can I use existing AP, EAD or can I use EAD/AP that I currently have from my EB based application?
If an interfiling is possible, when should this be done - concurrently along with I-130 filing or we have to wait till I-130 is approved? Also what is the procedure for "interfiling"?
Which option is better?
I think you need not file any new 485 based on the approval of I-130. Once the I-130 is approved, you need to notify the USCIS (where your 485 is pending) that your new I-130 will be the underlying approved immigration petition for the pending 485. Perhaps, some lawyers may answer for the exact procedure to do that.
I have pending I-485 through an approved I-140 (EB). PD is not current. I recently got married and my spouse is a US Citizen. We are considering pursueing FB application. Reading through the forums I gather that my spouse has to file I-130 and I file for I-485. My question is regarding I-485.
If I have to file for a new I-485, what happens to the existing one? Do I have to get new medical exam? Can I use existing AP, EAD or can I use EAD/AP that I currently have from my EB based application?
If an interfiling is possible, when should this be done - concurrently along with I-130 filing or we have to wait till I-130 is approved? Also what is the procedure for "interfiling"?
Which option is better?
I think you need not file any new 485 based on the approval of I-130. Once the I-130 is approved, you need to notify the USCIS (where your 485 is pending) that your new I-130 will be the underlying approved immigration petition for the pending 485. Perhaps, some lawyers may answer for the exact procedure to do that.
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sweet_jungle
11-13 12:54 AM
Yes, I just did that last month. I went to take my FP a week before my actual appointment date. I just walked in on Saturday morning. They were nice and helpful. But I did take my 485 Notice and FP Notice, you do need that. Mine was done in St. Paul, Minnesota service center.
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
more...
alterego
08-05 11:33 PM
Then the big C may have to deal with the Deeez in majority in congress. A democratic congress will pass a most liberal immigration bill they can imagine. The republicans will be far better served compromising now than waiting if democrats take congress. Right now the Dems, the Prez and the Senate are on the same page.
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kanshul
12-18 10:02 AM
I am sure it is not enforcable...
Talk to a good lawyer but usually if your company places you at a client location it is not really a business entity but more like a "Placement Agency"; many states will not consider a non compete b/n a placement agency and an employee.
Talk to a good lawyer but usually if your company places you at a client location it is not really a business entity but more like a "Placement Agency"; many states will not consider a non compete b/n a placement agency and an employee.
more...
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billu
10-24 12:17 PM
My company attorney has mailed my I-140 application to NSC for premium processing on 12th october by priority mail. Waiting for receipt notice.
The amount of $1000 has been deducted but it has been through online banking and not the check, so there is no way yet to determine the case number. How many days does it usually take for NSC to issue a receipt notice? Is it quicker for PP cases?pls do reply.thanks.
The amount of $1000 has been deducted but it has been through online banking and not the check, so there is no way yet to determine the case number. How many days does it usually take for NSC to issue a receipt notice? Is it quicker for PP cases?pls do reply.thanks.
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hebbar77
11-24 04:18 PM
My feeling was that there are No NEW jobs here in USA especially for immigrants. I felt jobs are slowly being offshored and new job creation was not catching upto that. This matches with unemployment numbers 10%+... Also I feel there are enough people looking for PROJECT while on H1B..
Its good to see this is changing with new H1b hiring happening!!
P.S I am not anti-immigrant!
Its good to see this is changing with new H1b hiring happening!!
P.S I am not anti-immigrant!
more...
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sanjay02
12-24 09:06 PM
Talk to an qualified attorney
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sreddy80
10-23 10:21 PM
newyorker123,
this I 140 is applied by old employer but did not share the receipt# and no 485 was applied that time. I want to port the PD from that I140 to the current I140/I485. For that purpose, I need the copy of old I140.
ssingh92,
I just applied the FOIA and just crossed my fingers. Lets see how it goes...
Thanks for all your radvise and support!
this I 140 is applied by old employer but did not share the receipt# and no 485 was applied that time. I want to port the PD from that I140 to the current I140/I485. For that purpose, I need the copy of old I140.
ssingh92,
I just applied the FOIA and just crossed my fingers. Lets see how it goes...
Thanks for all your radvise and support!
more...
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rim1122
10-05 10:54 PM
Hello,
My husband's employer told him that the 6 year H1 B stay cap has been eliminated since the year 2008. Is that true?
Does it mean that as long as the USCIS approves your H1-B extension you may apply even after 6 years?
Thanks.
My husband's employer told him that the 6 year H1 B stay cap has been eliminated since the year 2008. Is that true?
Does it mean that as long as the USCIS approves your H1-B extension you may apply even after 6 years?
Thanks.
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anilsal
01-14 12:10 PM
Please meet the lawyers and get their opinion. If all of them say the same thing, then that is the option. If they have differing opinion, then check back via immigration forums.
Most of the folks at IV have applications based on employment and not based on marriage. So you may not get good answers.
Most of the folks at IV have applications based on employment and not based on marriage. So you may not get good answers.
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itsjoe
07-20 12:21 PM
Hi All,
First off, thank you for taking the time read this.
Now I did see a lot of discussions around this topic but could not get a real answer to my situation, Can someone please help me understand this better.
Currently working for the same employer who started my GC process, Labour applied and approved in Sep 06, I-40 approved in 2007, 485 pending. I'm with the employer for 6 years now. I have a masters degree (MCA) but the job does not require a masters when I joined. I have my bachelors (both 3yr degrees from India). I have close to 10 years of professional experience.
Do I qualify for the port, assuming my job does not require masters degree. Thank you all in advance.
First off, thank you for taking the time read this.
Now I did see a lot of discussions around this topic but could not get a real answer to my situation, Can someone please help me understand this better.
Currently working for the same employer who started my GC process, Labour applied and approved in Sep 06, I-40 approved in 2007, 485 pending. I'm with the employer for 6 years now. I have a masters degree (MCA) but the job does not require a masters when I joined. I have my bachelors (both 3yr degrees from India). I have close to 10 years of professional experience.
Do I qualify for the port, assuming my job does not require masters degree. Thank you all in advance.
Blog Feeds
05-30 12:30 PM
Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:
An earlier blog post "Silicon Valley Employers Need to Prepare for Surprise USCIS Visits" (http://www.siliconvalleyimmigrationlawyer.com/2009/10/silicon-valley-employers-need.html#more) described the "new normal" of USCIS employees or contractors showing up unexpectedly and inquiring about past visa petitions and foreign national workers. A recently held Department of Homeland Security program, titled, "2009 Government and Employers: Working Together to Ensure a Legal Workforce" sheds more light onto the types of visits being conducted.
Ronald Atkinson, Chief of Staff of USCIS' Fraud Detection and National Security (FDNS) (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0353f8e5492ec110VgnVCM1000004718190aRCR D&vgnextchannel=2af29c7755cb9010VgnVCM10000045f3d6a1 RCRD) office, explained the three types of site visits that are currently being conducted:
Risk Assessment Program fraud study. Applicable to any type of benefit program, including family and employment-based visas, this study is part of a joint program between USCIS and ICE (Immigration Customs and Enforcement). Applications and petitions are chosen at random, usually on a post-approval basis, for visits to help in designing profiles of potential fraud.
Targeted site visits. These visits take place where fraud is suspected, and consist of a visit to ask questions. Advance notice, including notice to counsel, is supposed to be provided.
Administrative site visits. These relate to religious worker and H-1B petitions (http://www.geelaw.com/lawyer-attorney-1054805.html). They generally are conducted by contractors who know nothing of immigration law. Religious worker visits are performed under the regulations for that category. For H-1B site visits, the contractors have been equipped with a set of specific questions, and all employers/beneficiaries should be asked pretty much the same questions, primarily reaching the issues of whether there's really an employer there, whether the employer knows it filed the petition, and whether the beneficiary is doing the work and receiving the wage indicated on the petition. H-1B visits are done on a post-adjudication basis, and are randomly selected. Each employer should receive only one such visit, but may receive different visits for different sites.
More... (http://www.siliconvalleyimmigrationlawyer.com/2009/11/why-uscis-might-be-at-your-doo.html)
An earlier blog post "Silicon Valley Employers Need to Prepare for Surprise USCIS Visits" (http://www.siliconvalleyimmigrationlawyer.com/2009/10/silicon-valley-employers-need.html#more) described the "new normal" of USCIS employees or contractors showing up unexpectedly and inquiring about past visa petitions and foreign national workers. A recently held Department of Homeland Security program, titled, "2009 Government and Employers: Working Together to Ensure a Legal Workforce" sheds more light onto the types of visits being conducted.
Ronald Atkinson, Chief of Staff of USCIS' Fraud Detection and National Security (FDNS) (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0353f8e5492ec110VgnVCM1000004718190aRCR D&vgnextchannel=2af29c7755cb9010VgnVCM10000045f3d6a1 RCRD) office, explained the three types of site visits that are currently being conducted:
Risk Assessment Program fraud study. Applicable to any type of benefit program, including family and employment-based visas, this study is part of a joint program between USCIS and ICE (Immigration Customs and Enforcement). Applications and petitions are chosen at random, usually on a post-approval basis, for visits to help in designing profiles of potential fraud.
Targeted site visits. These visits take place where fraud is suspected, and consist of a visit to ask questions. Advance notice, including notice to counsel, is supposed to be provided.
Administrative site visits. These relate to religious worker and H-1B petitions (http://www.geelaw.com/lawyer-attorney-1054805.html). They generally are conducted by contractors who know nothing of immigration law. Religious worker visits are performed under the regulations for that category. For H-1B site visits, the contractors have been equipped with a set of specific questions, and all employers/beneficiaries should be asked pretty much the same questions, primarily reaching the issues of whether there's really an employer there, whether the employer knows it filed the petition, and whether the beneficiary is doing the work and receiving the wage indicated on the petition. H-1B visits are done on a post-adjudication basis, and are randomly selected. Each employer should receive only one such visit, but may receive different visits for different sites.
More... (http://www.siliconvalleyimmigrationlawyer.com/2009/11/why-uscis-might-be-at-your-doo.html)
dano
05-05 10:37 AM
anobody? i really need your advice.
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