vaishnavilakshmi
06-19 02:36 AM
Hi,
Eb2 Priority date (priority date-june2004) , I-140 approved
Eb3 priorty date (substituted labor with priorit date as feb2002) applied for I-140 on
1st jun 2007 .waiting for i-140 approval.
Should I file for i-485 on Eb2 where I-140 is already approved or use Eb3 where I-140 is pending but priorty date feb2002 ????????????
Attorneys and members,
please suggest me,i have only 1day left for decision,
vaishu
Eb2 Priority date (priority date-june2004) , I-140 approved
Eb3 priorty date (substituted labor with priorit date as feb2002) applied for I-140 on
1st jun 2007 .waiting for i-140 approval.
Should I file for i-485 on Eb2 where I-140 is already approved or use Eb3 where I-140 is pending but priorty date feb2002 ????????????
Attorneys and members,
please suggest me,i have only 1day left for decision,
vaishu
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petepatel
09-01 01:01 AM
Matamoros, Mexico
Here is where me and wife got our H visas stamped
Also you may want to go through
www.mexico-assistance.com
Nice Service.
Here is where me and wife got our H visas stamped
Also you may want to go through
www.mexico-assistance.com
Nice Service.
sukhwinderd
09-19 07:22 PM
if i use EAD for a part time job, does the H1B visa status become invalid?
yes
http://www.murthy.com/aosfaqs.html#8
yes
http://www.murthy.com/aosfaqs.html#8
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eb3_nepa
03-06 02:52 PM
FINALLY someone who understands EXACTLY what the problem is :)
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gc4vk
12-13 04:43 PM
Have another question regarding AP, we have filed 485 in jul 07, we got Recept for AP, but no other updated on AP, in case of Emargency can we go to the local office to get AP, is there any Rule that poeple applied AP for the first time will not get the same from local office.
Pd: EB3, Aug 04
I 140 : Jan 07
485: Jul 07
Pd: EB3, Aug 04
I 140 : Jan 07
485: Jul 07
zephyrr
05-22 12:20 AM
i thought i would share that my 140+485 which was concurrently filed on 2nd jul got approved today. seems like the ead renewal trigerred it as i see a LUD on that as well.
looks like 2003 pd are starting to get picked up at TSC.
how long does it take to get the actual card? i have to travel outside the country next month, what do i need to get back?
thanks.
looks like 2003 pd are starting to get picked up at TSC.
how long does it take to get the actual card? i have to travel outside the country next month, what do i need to get back?
thanks.
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bekugc
08-04 09:15 PM
you can check with a lawyer to be sure ,
but what i think is -->
since u have a new born Kid in india which u wish to bring to the US, i think that would be only possible at this point if you sponsor a H4 for him. And for you to sponsor h4 for him means you will need to continue to be on H1 visa.
Your decision to continue to use H1, will not affect your Ead/AP. But once again, until you apply 485 for your kid , it will need H4 status to remain in the US, hence forcing u to stay on H1.
but what i think is -->
since u have a new born Kid in india which u wish to bring to the US, i think that would be only possible at this point if you sponsor a H4 for him. And for you to sponsor h4 for him means you will need to continue to be on H1 visa.
Your decision to continue to use H1, will not affect your Ead/AP. But once again, until you apply 485 for your kid , it will need H4 status to remain in the US, hence forcing u to stay on H1.
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nozerd
05-02 07:25 AM
gcsucks,
I have done quite some research on this. Bottom line is you are taking major chance in loosing it unless one of the following applies.
1) You are married to Canadian citizen.
2) Your company is Canadian (or has office in Canada who can give letter that you are direct employee of a Canadian company working abroad).
Otherwise you are taking chance. The airlines etc will still let you board a plane etc to go there, and Canadian Govt is bound to let you in, but then you will have to fight a case against the cancellation of PR order and its a mess.
I would say decide one way or the other. I know its easie said than done.
If you are in EB3, than unless new laws are passed or something changes, you could go to Canada, live there 3 yrs, get Canadian citizenship and your PD will still be waiting for you at May 1st when you come back.
Best of luck
I have done quite some research on this. Bottom line is you are taking major chance in loosing it unless one of the following applies.
1) You are married to Canadian citizen.
2) Your company is Canadian (or has office in Canada who can give letter that you are direct employee of a Canadian company working abroad).
Otherwise you are taking chance. The airlines etc will still let you board a plane etc to go there, and Canadian Govt is bound to let you in, but then you will have to fight a case against the cancellation of PR order and its a mess.
I would say decide one way or the other. I know its easie said than done.
If you are in EB3, than unless new laws are passed or something changes, you could go to Canada, live there 3 yrs, get Canadian citizenship and your PD will still be waiting for you at May 1st when you come back.
Best of luck
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dc2007
07-01 01:35 PM
Thanks for the response STAmisha..
My lawyer is saying whatever exp. you will give, you should have originals of that. I don't have much hold of my lawyer and he is not suggesting whether I should use new experience than what I used in my first labor.
Thats why I want to know if anybody else has done this before..
My lawyer is saying whatever exp. you will give, you should have originals of that. I don't have much hold of my lawyer and he is not suggesting whether I should use new experience than what I used in my first labor.
Thats why I want to know if anybody else has done this before..
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hmehta
06-07 06:03 PM
Unfortunately, nobody can predict this.
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kramesh_babu
08-06 08:23 AM
Hi,
I got my I-140 approved last week at Texas Service Center and the status was Approval notice sent. Today, I got an email from CRIS mentioning this case has been transferred to Nebraska Service Center for processing where my I-485 is pending.
Can anybody throw some light on this?
Thanks,
Shruthi07
Online status shows:
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Case Transfered to Another Office for Processing
On June 3, 2008, we transferred this case I140 IMMIGRANT PETITION FOR
ALIEN WORKER to our LINCOLN, NE location for processing and sent you a
notice explaining this action. Please follow the instructions provided
on the notice. We will notify you by mail when a decision is made. If
you move while this case is pending, call customer service at
1-800-375-5283 to update your address. You can use our processing dates to
estimate when your case may be processed by following the link below. You
can also receive automatic e-mail updates as we process your case by
registering in the link below.
Shruthi, I see the similar message below on my I140 as well which was approved a year ago. Did you have any updates after that ?
On August 5, 2008, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action.
I got my I-140 approved last week at Texas Service Center and the status was Approval notice sent. Today, I got an email from CRIS mentioning this case has been transferred to Nebraska Service Center for processing where my I-485 is pending.
Can anybody throw some light on this?
Thanks,
Shruthi07
Online status shows:
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Case Transfered to Another Office for Processing
On June 3, 2008, we transferred this case I140 IMMIGRANT PETITION FOR
ALIEN WORKER to our LINCOLN, NE location for processing and sent you a
notice explaining this action. Please follow the instructions provided
on the notice. We will notify you by mail when a decision is made. If
you move while this case is pending, call customer service at
1-800-375-5283 to update your address. You can use our processing dates to
estimate when your case may be processed by following the link below. You
can also receive automatic e-mail updates as we process your case by
registering in the link below.
Shruthi, I see the similar message below on my I140 as well which was approved a year ago. Did you have any updates after that ?
On August 5, 2008, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action.
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dealsnet
11-04 09:46 AM
Why you are giving news about illegal immigration. IV is for legal immigrants.
Don't confuse this issue with ANTI-IMMIGRANTS.
Don't confuse this issue with ANTI-IMMIGRANTS.
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starscream
06-06 10:29 AM
Below is a decsription of this amendment from AILA document which lists all the amendments that were discussed yesterday
http://www.aila.org/content/default.aspx?docid=22584
It confirms that the amendment #1231 applies to Y visa only. On the Senate discussion thread yesterday when this amedment was being discussed some body mentioned something along the lines that that Sen. Kennedy said he supported employer recruitment for all jobs and that really scared me ... I think Sen. Kennedy might have been referring to jobs that require the Y visa
This amendment does not mention anything on H1Bs. There was a lot of discussion on this point yesterday. I think we can breathe a litlle easy now.
The CIR does have other restrictions on H1B like $5000 more fees, restrictions for consulting companies & non-disaplacement clause but I don't think any GC type LABOR CERTIFICATION is required.
From the aila doc:
Durbin Amendment (#1231) to Remove DOL-Determined Labor Shortages as an Exception to Y Visa Recruitment Requirements
Senator Durbin (D-IL) introduced an amendment that eliminates DOL-determined labor shortages as an exception to employer recruitment requirements for Y visas. Senator Durbin argued that the amendment is an attempt to require that jobs be offered to Americans before they are offered to Y visa holders in the new worker program. Removing the provision in the underlying bill allowing the Secretary of Labor to declare labor shortages, he said, would achieve this, since all employers who use the Y visa program would always be required to offer jobs to Americans first. Senator Durbin cited the AFL-CIO as a strong supporter of his measure. Senator Grassley (R-IA), a co-sponsor of the amendment, also expressed his support for the amendment.
Senator Specter argued in response that this amendment is simply unnecessary, since American workers and their wages are already protected under the law. Senator Kennedy, however, expressed support for the amendment. He agreed with the general principle that a measure protecting American workers is good for the country. Ensuring that new Y visa workers don’t encroach upon American jobs or affect American wages, he said, is a step in that direction.
The amendment was agreed to by a vote of 71-22.
--------------------------------------------------------------------------------
http://www.aila.org/content/default.aspx?docid=22584
It confirms that the amendment #1231 applies to Y visa only. On the Senate discussion thread yesterday when this amedment was being discussed some body mentioned something along the lines that that Sen. Kennedy said he supported employer recruitment for all jobs and that really scared me ... I think Sen. Kennedy might have been referring to jobs that require the Y visa
This amendment does not mention anything on H1Bs. There was a lot of discussion on this point yesterday. I think we can breathe a litlle easy now.
The CIR does have other restrictions on H1B like $5000 more fees, restrictions for consulting companies & non-disaplacement clause but I don't think any GC type LABOR CERTIFICATION is required.
From the aila doc:
Durbin Amendment (#1231) to Remove DOL-Determined Labor Shortages as an Exception to Y Visa Recruitment Requirements
Senator Durbin (D-IL) introduced an amendment that eliminates DOL-determined labor shortages as an exception to employer recruitment requirements for Y visas. Senator Durbin argued that the amendment is an attempt to require that jobs be offered to Americans before they are offered to Y visa holders in the new worker program. Removing the provision in the underlying bill allowing the Secretary of Labor to declare labor shortages, he said, would achieve this, since all employers who use the Y visa program would always be required to offer jobs to Americans first. Senator Durbin cited the AFL-CIO as a strong supporter of his measure. Senator Grassley (R-IA), a co-sponsor of the amendment, also expressed his support for the amendment.
Senator Specter argued in response that this amendment is simply unnecessary, since American workers and their wages are already protected under the law. Senator Kennedy, however, expressed support for the amendment. He agreed with the general principle that a measure protecting American workers is good for the country. Ensuring that new Y visa workers don’t encroach upon American jobs or affect American wages, he said, is a step in that direction.
The amendment was agreed to by a vote of 71-22.
--------------------------------------------------------------------------------
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kpkrind
09-05 10:54 AM
Hello All,
Here are my case details, please help me.
- I am on a H1 visa through company ABC and my H1 visa and I-94 are expiring on Sep 30th 2007
- My wife is currently on a H4 visa and she arrived in May 2007. Her h4 visa and I-94 are valid till Sept 30th 2007
- My consulting company ABC has filed for her H1 visa and she received her H1 approval notice in May 2007 (after her arrival here) with a start date of Oct 1 2007. Since it was not a COS, she didn't receive a new I-94.
- Since our plan was to stay together for a few more months till November, My employer(and my spouse H1 sponser) ABC has filed for my H1 visa extension and her H4 visa extension and we have received receipts for both of the applications.
Would that be sending wrong signal to USCIS, saying that she wants to continue on H4 and not work on H1? Would that cause H1 approved petition to be cancelled or revoked. Is it true? If its going to be a problem, what are the immediate steps she can take since she wants to work?
We were exploring ways that she can get the H1 I-94 legal status from staying within US instead of exiting the country and getting a H1 stamping right now. What steps can we follow.
* Form I-539 which we used for extending the H4 status, could we have used the same form for requesting a change of status to H1 and since it is almost taking upto 3-4 months, would we have been granted a I-94 for H1 sometime in Nov as we were wanting? Could she stay in the US legally once this form had been filed until its approval?
* Should the employer file for I-129 to amend the status of stay from H4 visa to H1 visa and when he should do it?
Regards
Prakash
Here are my case details, please help me.
- I am on a H1 visa through company ABC and my H1 visa and I-94 are expiring on Sep 30th 2007
- My wife is currently on a H4 visa and she arrived in May 2007. Her h4 visa and I-94 are valid till Sept 30th 2007
- My consulting company ABC has filed for her H1 visa and she received her H1 approval notice in May 2007 (after her arrival here) with a start date of Oct 1 2007. Since it was not a COS, she didn't receive a new I-94.
- Since our plan was to stay together for a few more months till November, My employer(and my spouse H1 sponser) ABC has filed for my H1 visa extension and her H4 visa extension and we have received receipts for both of the applications.
Would that be sending wrong signal to USCIS, saying that she wants to continue on H4 and not work on H1? Would that cause H1 approved petition to be cancelled or revoked. Is it true? If its going to be a problem, what are the immediate steps she can take since she wants to work?
We were exploring ways that she can get the H1 I-94 legal status from staying within US instead of exiting the country and getting a H1 stamping right now. What steps can we follow.
* Form I-539 which we used for extending the H4 status, could we have used the same form for requesting a change of status to H1 and since it is almost taking upto 3-4 months, would we have been granted a I-94 for H1 sometime in Nov as we were wanting? Could she stay in the US legally once this form had been filed until its approval?
* Should the employer file for I-129 to amend the status of stay from H4 visa to H1 visa and when he should do it?
Regards
Prakash
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milind70
04-28 12:46 AM
I have a approved I-140. Applied for 3 year H1 extension in Oct 2006. 3 year H1 extension approved on 5th Feb 2007. Received H4 dependents extensions. Did not receive my I-797. Requested my consulting company to check why I did not receive my I-797 with I-94. They lied to me that they called USCIS and I/they/lawyer will get copy in 30/45 days. My MN drivers license got canceled/suspended on 04/24/2007 because I did not submit approved I-797/I-94. Company lawyer informed my company that they applied under premium processing for duplicate copy on 04/16/2007. I called USCIS and they told me this is bullshit. There is no premium processing for duplicate document. Lawyer does not want to reveal which form he filed for duplicate document. I also applied this week using form I-824 for duplicate copy of approved H1 extension. Called USCIS, and they said I will get a receipt number in 15 days and copy in 2-3 months. This copy will not include I-94, so it is useless. What options do I have. My lawyer is an American and he thinks it is below his dignity to answer my calls.
What options do I now have? Any options will be appreciated.
I think you can file Form 120 for a duplicate I 94 in case it is lost/mutilated etc. please check USCIS website. hope this helps
What options do I now have? Any options will be appreciated.
I think you can file Form 120 for a duplicate I 94 in case it is lost/mutilated etc. please check USCIS website. hope this helps
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immi_enthu
08-18 03:30 PM
Hopefully Nebraska July 2nd filers can start expecting the recipts in next 14 days !!!
And NSC -> TSC transfer dates, god knows how long the wait is
It's worth a wait, TSC is lot faster in processing EAD and AP after receiting than NSC.
And NSC -> TSC transfer dates, god knows how long the wait is
It's worth a wait, TSC is lot faster in processing EAD and AP after receiting than NSC.
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HRPRO
01-24 03:59 PM
If the LCA was filed on 1/18, it should be approved by 1/25 (Now-a-days it takes a week). Have your attorneys expedite the process once they get it and file it before your last day. You should be good.
If you still have a good relationship with your current employer, try to extend your last day by a week (just as plan B)
If you still have a good relationship with your current employer, try to extend your last day by a week (just as plan B)
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sbnvs@yahoo.com
12-16 06:04 PM
Here is my h1b status:
1. We have applied for H1B visa extension in premium on March 23rd, 2010.(for 15 months, as I have this period remained on H1 6 years and I-140 not approved yet).
2. I have joined new client on March5th new project, new location.
3. USCIS raised RFE on March 9th, 2010 but not received the RFE document.
4. My employer sent H1B Amendment documents on March 15th, 2010 with new LCA.
5. Received RFE document on March 30th, 2010 from USCIS and replied on March 31st to USCIS.
6. USCIS approved case on April 10th, 2010 with 1 year duration, which is May 2011.
7. USCIS approved amendment on Dec 5th, 2010 which is valid until Aug 20th, 2011 which the max of 6 years period.
Now question, it means my H1B visa valid until Aug 2011?
1. We have applied for H1B visa extension in premium on March 23rd, 2010.(for 15 months, as I have this period remained on H1 6 years and I-140 not approved yet).
2. I have joined new client on March5th new project, new location.
3. USCIS raised RFE on March 9th, 2010 but not received the RFE document.
4. My employer sent H1B Amendment documents on March 15th, 2010 with new LCA.
5. Received RFE document on March 30th, 2010 from USCIS and replied on March 31st to USCIS.
6. USCIS approved case on April 10th, 2010 with 1 year duration, which is May 2011.
7. USCIS approved amendment on Dec 5th, 2010 which is valid until Aug 20th, 2011 which the max of 6 years period.
Now question, it means my H1B visa valid until Aug 2011?
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eb3retro
07-10 09:31 AM
Hello All,
I have couple of questions regarding Travel Document or Advance Parole.
My EAD has already been filed by my Lawyer but she is charging too much for filing Advance Parole or Travel Document,so here goes my questions.
- Is there a way to file for Travel Document myself, without involving the lawyer and if yes how can i do that
- Do I need to wait for my EAD Receipt being sent to me before filing for Travel Document.
i did this exactly, where my lawyer filed my ead, but i filed my ap myself. all u need is i-485 receipt copy.
I have couple of questions regarding Travel Document or Advance Parole.
My EAD has already been filed by my Lawyer but she is charging too much for filing Advance Parole or Travel Document,so here goes my questions.
- Is there a way to file for Travel Document myself, without involving the lawyer and if yes how can i do that
- Do I need to wait for my EAD Receipt being sent to me before filing for Travel Document.
i did this exactly, where my lawyer filed my ead, but i filed my ap myself. all u need is i-485 receipt copy.
acecupid
03-13 01:58 PM
Hi to all,
I met with a potential client who is an illegal immigrant living in the US. She has a child who is a US citizen. The father was voluntarily deported and the mother gave him permission to take the child back to their home country to visit the grandparents. The father was supposed to make sure the child returned to the US within 3 months. It has been 6 months. If my client files an application under the Hague Convention on the Civil Aspects of International Child Abduction, will the US Government begin deportation proceedings?
Have you read the 'About Us' section on ImmigrationVoice ? This forum is not for helping illegal immigrants. It is meant for legal immigrants and their issues.
I met with a potential client who is an illegal immigrant living in the US. She has a child who is a US citizen. The father was voluntarily deported and the mother gave him permission to take the child back to their home country to visit the grandparents. The father was supposed to make sure the child returned to the US within 3 months. It has been 6 months. If my client files an application under the Hague Convention on the Civil Aspects of International Child Abduction, will the US Government begin deportation proceedings?
Have you read the 'About Us' section on ImmigrationVoice ? This forum is not for helping illegal immigrants. It is meant for legal immigrants and their issues.
gk_2000
07-12 04:10 PM
Could anyone explain to me what this means (from aug visa bullettin):
Employment Third Preference Other Workers Category: Section 203(e) of the NACARA, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.
Employment Third Preference Other Workers Category: Section 203(e) of the NACARA, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.
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