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  • Bytes4Lunch
    08-17 11:07 AM
    What annoys me, is that the consulate delays the visa stamping and also keeps the passport. Seems to me that they deliberately keep the passport so that the candidate doesnt travel back on the AP. I was in similar situation in March 08 at the Mumbai consulate, after waiting for around 45 days I travelled back on the AP(back then they had not taken my passport)
    Let us what happened to your cousin when you receive updates from him. Is he working as a consultant (paid by his employer) and working elsewhere ?





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  • seaken75
    10-04 03:37 PM
    Hi all IV gurus,

    My wife and I filed our I-485, EAD and AP on July 12th and the package arrived in NSC on July 13th. We have received all receipts and finished our FP about 10 days ago. I checked the online status and there are NO LUDs on any of our applications. All of them still show the ND of August 15th. I am EB3 ROW with PD Jan07. My I-140 is still pending at NSC.

    My wife is currently on H-4 and she would like to work. Is she able to apply for a temporary EAD on October 15th, since it will already be 90 days since RD? If yes, how do we go about doing that?

    Your experience and advice are very much appreciated!

    Thanks!





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  • needlotsofluck
    07-24 08:59 PM
    My attorney signed my I-485 AOS/EAD/AP applications and posted them on July 2nd as he was in a hurry to apply because of July 2nd scenario. Is it ok for the attorney to sign our papers. Is anybody in the same boat as me. I am a little concerned as the USCIS FAQ says application can be rejected if signature is missing. The application reached USCIS on July 3rd.


    My attorney also did the same. I did not sign on my application. But he sent me power of attorney to sign. They did this since they were beating the July 2 brouhaha which previous to that week, they already knew what's going to happen.





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  • ivvm
    10-22 11:25 PM
    Why should USCIS send two notices? To answer your question..NO..they will send you one date and location for FP! Also you have to do your FP every 15 months or so..if your case isnt approved by then!



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  • ho_gaya_kaya_?
    11-27 10:08 PM
    I hope you have good lawyer on your case

    We had a similar situation
    My wifes app got separated from mine
    since we had used a single check- my app was returned (the fees was double the amount!!!)
    After a painful one and a half month my wifes application finally showed up- and got rejected (no fees) and we then refiled.

    But the interesting thing was that during this 90 days period- my lawyer had someone at USCIS try to trace the missing application.
    and he used to exchange emails with the supervisor's office on this

    Is his PD current ?
    If yes- then you should be fine.
    If not- then it gets kinda tricky- though not too much
    You have to prove that your app was lost and you are reconstructing the case

    Keep in mind that that you will probably have to withdraw your app and refile with him
    And that sooner or later- your husband's original app is going to show up
    And at that time - you will have two active apps- but nothing that cant be sorted out...





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  • rollercoaster
    03-27 10:52 PM
    Somebody please reply.



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  • gcdreamer05
    11-09 08:37 PM
    Hello,

    My spouse will be in India next week and would be going for her H1B stamping at the Mumbai consulate. She came here on H4 and we applied for her H1B, effective 10/2007, and she has been working since Jan08 and have all her paystubs from that date. Can you share your experience in terms of questions they ask and supporting documents they request in addition to the documents that we are required to carry.

    Your reply would be appreciated

    Mainly they ask for W2 , tax returns for all years, she was on h1. And you can also send your tax returns for all the other years she was on h4.





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  • guest1978
    05-13 10:49 AM
    Did you talk to you lawyer about this? if so, what is their take on it..Was the 485 for your spouse filed by your company(employer) lawyer?

    I am doing the same this month.



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  • anjans
    07-09 07:58 PM
    GOK= god only knows..if you know anything about USCIS you will know that such things are impossible to provide guidance on.. ;-)





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  • Sachin_Stock
    12-17 02:55 PM
    Thanks for your reply. Nah,I didn't because I have read some where that post office doesn't forwarded the mails related to USCIS so I informed the tenants about the mail.

    Who told you that? Is there any official guideline?



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  • Dhundhun
    03-27 07:35 PM
    :)LOL:)
    Wait for GC is a lifestyle.





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  • gc_in_30_yrs
    02-28 03:25 PM
    The easiest solution would be going to MataMoros, Mexico for stamping. This is the best option for us. Easy, affordable, and takes only 1 day. India, you need to answer several questions, interview to be attended, and ofcourse, they treat everybody as though the person requesting for visa is a criminal.

    I went to mexico couple of days back, and it was done easily



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  • Leo07
    01-18 12:29 PM
    I rarely post/quote other forum threads here...this is an exception. I think it's a good post/comment from miceelf ( msg 34) on Ron's site:

    Please forgive me if it's offending to anyone:
    February Visa Bulletin (http://www.immigration-information.com/forums/visa-quota-and-cutoff-date-issues-66/february-visa-bulletin-13129/index4.html#post54691)





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  • kart2007
    06-02 06:43 PM
    Hey I got the same status update for my wife and me today. I think it means we can expect an interview or be called for FP soon. Any more info would be useful.



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  • seeking_GC
    07-02 09:45 AM
    I live/work in california - and on the I-485 form it says the address is :
    USCIS Nebraska Service Center
    P.O. Box 87485
    Lincoln, NE 68501-7485

    but it also says in the first few lines in the form:
    If you live in one of these states or territories, please read this notice to determine your filing location:
    ALASKA, CALIFORNIA, IDAHO, IOWA, KANSAS, MARYLAND, MISSOURI, MONTANA, NEBRASKA, NEW MEXICO,OKLAHOMA, OREGON, TEXAS, AND WASHINGTON
    AS PREVIOUSLY PUBLISHED AND REMAINS IN EFFECT - EFFECTIVE DECEMBER 1, 2004DIRECT MAIL INSTRUCTIONS FOR PERSONS FILING FORM I-485

    Also if I use fedex then it cant deliver to the PO Box..I am really confused..

    If its possible to file at a local USCIS center its better because it can reach there faster- maybe even today?

    Can someone please advise? Apologies if this has been covered already.





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  • OLDMONK
    07-23 05:53 PM
    My lawyer explicity told "NOT" to flipflop wven without me asking.

    Same here. My lawyer specified NO "flip top". Does it matter, I guess not.



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  • sangfroid
    01-17 04:43 PM
    well that is what I am saying.

    The job says it needs a person with Bachelors degree with 5 year of experience in servers and also 3 years of experience in network security.

    I met those both criteria before I joined the job.

    Now the question arises, which one I fall under ? EB2 or EB3 ??

    :confused:
    The HR/Lawyer has to decide the category, you can't. The job category is based on what the job requires, not what you have. If you have 20 years of experience but the job requires just BS, it falls into EB3. Good luck.





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  • mrajatish
    09-18 09:59 AM
    Don't worry, the same thing happenned with my wife (labor approval lost in mail) and it took her 3 months for 140 approval. For me, everything was fine and it took 6 months for 140 approval - isn't USCIS the best part of the American experience?:mad:





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  • gaz
    12-14 04:34 PM
    I actually did get a H-1B extension once based on the fact that the spouse (also H-1B) had an approved I-140 priority date that was backlogged. It was an unusual approval, and surprised the other attorneys (including partners) where I was working. It's not guaranteed, but worth a try if there is no other option to work.

    wow! thank you - this is really helpful.

    My spouse is still on h1b and we will definitely try for this. Do you think the extension would be affected by the priority date (higher chances of approval if severely retrogressed) - or if theres something like a memo/ruling/logic for the approval, or is it just random chance?

    Also in case the motion is declined, does it lead to a future (negative) impact on either a fresh h1b filing, or green card application or such?

    Thank you!





    vennella
    06-18 02:34 PM
    My husband's employer filed for green card under EB-1 (OR). I-140 got approved, I-485 is pending. I already did my fingerprinting. My husband's is scheduled for next week. We did not get EAD or AP yet.

    Meanwhile I need to travel to Europe on business. I have a valid H-1 to re-enter US. Would my AP get approved before I return to US? If so, can I still enter with my valid H-1? My husband is planning to delay his biometrics until I get back. Are there any problems with this plan? Please advise





    grinch
    06-26 04:26 PM
    This should be moved to the Completed battle Subforum ;)
    Mods?



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  • Cheran
    02-15 11:42 AM
    Unless you have some specific reason, you will face tough question if you go to any other country. If it is Mexico or Canada, they are neighbouring countries and you have a point to argue.





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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.





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  • Blog Feeds
    08-12 09:50 AM
    I recently received an inquiry at my San Francisco immigration law office from an "employer" who recently discovered that a person whom he had hired as an independent contractor was in the United States illegally. The employer had not originally known that the "employee" was illegal because independent contractors are exempt from the requirements of the Immigration Reform and Control Act (*IRCA*) (https://www.oig.lsc.gov/legis/irca86.htm) that require an employer to verify that an an employee is authorized to work in the United States. The "employer" wanted to explore the options of legalizing the contractor. While thinking about the options, I became interested in how the law defines an independent contractor.

    According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.

    The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:



    supplies the tools or materials;
    makes services available to the general public;
    works for a number of clients at the same time;
    has an opportunity for profit or loss as a result of labor or services provided;
    invests in the facilities for work;
    directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.


    I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).



    More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)





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  • gcseeker2002
    04-13 08:56 PM
    Is it enough to get 3 year extension with courtesy copy of I140 approval ? I am asking this because my company has just given the courtesy copy.
    Also I understand that the old Eb3 PD can be used to get extension(how can employer revoke approved labor certification ??)



    more...


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  • Jerrome
    05-20 04:46 PM
    bump...





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  • atlfp
    06-14 09:43 PM
    Based on these reasons:

    1. EB legals doesn't really count when it comes to the consideration. For one, the numbers that are suffering are too small; for two, what you go through is nothing in the eye of Kennedy's --- you have a job, you have enough food, you are not dying in the desert....you are having a pretty decent life, except that you wanted more;

    2. Senators like Sessions can still argue that "so many legal people are waiting in the line", because you are indeed still waiting even though you can now file 485. So allow you to file doesn't really change their argument;

    3. What makes you think that if you shut up they are going to have a easy day? It's not like that you have any teeth to bite any way.

    So the PD moves forward is definitely a good thing regardless how CIR plays out.


    Mark my words.... President Bush will single handedly make sure to pass the bill as it is.....

    No one can stop it.

    Do you all think it is just a co incidense that all the dates became current just when this bill (which was supposed to be in grave :rolleyes: ) is revived by those who extremely opposed it?

    Do you know how many people will stop giving a damn, because they just filed their 485 s?
    People like me who are result of bad practice employers are still here, and lucky ones will depart.....

    We have been dealt a crucial blow here.



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  • getgreensoon
    02-24 09:41 AM
    Sorry about the denial. I had a friend in the same situation. BE + MBA from IIM Cal. His I140 rejected too....for the same reason may be....even IIMs accept 3 year degrees and that is what caused the issue. The more i read about these things, the more I think that MBA is not considered equivalent to MS for the I140. Even though MBAs have more challenging jobs and earn way more than people with MS. It all boils down to demand supply thing. Many people in the US have MBAs but not MS.





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  • ramraj_02
    10-19 09:30 AM
    Hi folks,
    Have a question? Will it be possible to change from EB-2 to Eb-3 with in the same company. My PD is Nov 02 with I-140 just now approved. Or do i have to find another job in some other company in order to use old priority date. Pl. advise is this the right time to change or wait for EB-3 to be current for my PD(don't know , lost hope as of now)

    Thanks



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  • user1234
    08-22 03:54 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?





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  • rafraf
    07-27 08:24 PM
    Sorry for this long post. I just have to let it out...

    I had my H1B visa approved and I talked to my employer on the phone this afternoon. I admit I did not do well in the interview I had with him last April 18, my visa was filed on March 31..... meaning he hired me first and interviewed me when my visa was already filed. I also have to fly from NJ to LA to meet him at my expense. It was then that I learned that the company doesn't have any permanent employee and no official office. There are only 2people who are doing everthing, he as the president and his partner. All those working for them are all subcontractors. The last time we had our conversation after that interview, he said that he was willing to offer me another position but with a lower salary which he repeated in his email yesterday when I told him about the news that my visa was approved. He suggested we talk on the phone to discuss.

    So when I called him today, he said that I was not able to clearly understand what he said in the email that I am not capable of handling the job and that he has no job to offer me because he knows that I will not succeed. He even asked me if I am willing to work and be fired after.

    We had an argument over the phone and I asked him what I will do with my visa. I admitted to him that the job that he is offering me is not really my forte and if only I was provided with my job description before I signed the attorney's retainer's contract, I have turned off the job offer since there is still another company who is willing to sponsor me. He have not given me any clear description of what the job will be. He also told me that I misrepresented myself.. That I included in my resume things that I didn't really do that I did not even do any programming at all --- something that really hurts me --- being an analyst/programmer back in my country since I graduated college. Then he keep on telling me that I have wasted my time already and if he would hire me, I will surely lost more because I would eventually get fired.

    I said to him, how did he know that I will not be successful if he would not give me a chance. He said he just know. (what is he GOD?). I said to him its unfair.

    The job position is Electronic Security Engineer. I am in Systems analysis and Application development.

    I shouldered all my expenses in my Visa processing -- which is more or less $4,000 including my air ticket back and forth at the same day from NJ to LA which is approximately 10 hours flight (5 hours each way).

    Can you give me an advice. I just couldn't let it just pass away. I felt I was humiliated and was treated unfairly.

    Thanks for your advice.



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  • uma001
    08-31 01:25 PM
    My current reporting structure with my employer is:
    Client -> Prime Vendor -> Consultant X -> My employer

    Another consultant is ready to transfer my visa and the reporting structure there is

    Client -> Prime Vendor -> My employer

    A prime vendor (not the same client) is also ready to transfer my visa

    Client -> My employer


    I am planning to transfer it to either (or both) of the above two companies. Will there be a problem in those two companies filing for a tranfer at (approx) the same time?

    Is there a way I can ask an attorney directly (I am willing to pay for that service)

    Why do you want to transfer to both companies same time? If so, how can you work for both companies same time.





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  • lucas92
    05-02 09:13 PM
    nice. I like. i laugh
    lolroflmaololmaoroflroflmaool



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  • vivaforever
    08-08 02:24 PM
    Wake Up NSC Campaign !





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  • eagle2020
    05-11 01:23 AM
    I have a B1/B2 visa that I'm thinking about coverting into F1 visa when I get into the US I just have few questions:

    1- How long does it take to convert the B1/B2 visa into an F1 visa?
    2- If my visa gets converted into the F1 visa, does that mean my B1/B2 visa is cancelled and I have an F1 visa or what am I?
    2- Will it be possible to leave the country for few months(after the conversion of my B1/B2 visa into the F1) and then return back to the US with ease to continue my studies ?

    Thank you very much for answering!!!



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  • gchopes
    11-15 10:58 AM
    The NC DMV is taking a really long time to validate my EAD. Its been over 60 days now since my license renewal based on EAD expiring October 2010. They keep sending me back with a temporary license valid for 15 days saying they are yet to validate and issue my perm license based on EAD.





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  • raj2007
    04-02 09:22 PM
    Hi Gurus,

    Here is my situation. Have H1B expiring on June 2008. Planning to Renew. I-140 approved last Month. I485 applied and pending for more than 180 days. Have EAD, AP.

    Now - I am planning to switch to another job for Title , Hike. Not happy with the current company.

    I have the following question :

    1) If I switch,what will happen to my I-485 / I-140. do I need to reapply ? . do I lost my priority date.
    2) If I go to India, what will happen to My 485/140. Can I change AOS to consular processing.

    Please advise.

    1. Use Ac21
    2. Are you going to India for a visit or long time? you need to come before ur AP expires and get a new one(If H1 is not valid)
    Otherwise you can take a vacation on H1.
    For Cp you have to withdraw your 485 application and refile your application.



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  • Ectheo
    05-09 06:13 PM
    Alright, I'll change it. I'm gonna try and find a fancy Calligraphy font...Think that would look nice?





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  • gcpool
    08-07 04:18 PM
    I think this is the standard message. The message told to me is below

    "All cases received before 2006 are being worked on. And cases filed later on might be worked on after 6 months."

    More over the lady sounded very pissed off.


    But if you go to there are cases filed later than sep 2006 getting approved.





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  • akr_roy
    09-21 11:13 AM
    I received the receipts and FP notice. Waiting for EAD/AP.

    PD: OCT2006 TSC
    RD: 24th July 2007 TSC
    ND: 12th Sep 2007 TSC





    venky321
    08-16 12:36 PM
    Update on the Broadgate Lawsuit – H-1B issues. � Business Immigration Law – Global, US, Canada (http://www.immigratelegallyblog.net/2010/08/update-on-the-broadgate-lawsuit-h-1b-issues/)

    From Murthy law firm.

    MurthyDotCom : NewsFlash! Challenge to Employer-Employee Memo Dismissed (http://www.murthy.com/nflash/nf_081610.html)





    vselvam
    12-04 01:30 PM
    July�07 filer - H1-B renewal after filing I-485 (12th Year)

    Can I renew H1-B (12th year) after filed 485. Don�t want to use EAD in order to maintain my wife�s H4.

    The AC21 document covers before I-485 filing stage. But not covering after 485 filed and retrogressed situation.
    ----------------------
    (4) Exemptions to Limitations of Stay. The limitation on the total period of stay does not apply to H-1B aliens when, as of the date of filing the extension request:
    365 or more days have passed since the filing of any application for labor certification, Forms ETA-750 or ETA-9089, that is required or used by the alien to obtain status as an EB immigrant; and the labor certification, if approved, has not been revoked, is unexpired or has been timely filed with an EB petition within the labor certification�s validity period; or

    365 or more days have passed since the filing of an EB immigrant petition that is still pending; or

    The alien is the beneficiary of an approved EB immigration petition and is not able to file to adjust status to U.S. permanent legal residence based on the unavailability of an immigrant visa number.
    -------------------------------------

    I have filed my I-485 during July 2007 as like many others. My PD is March 2004
    Got married after the filing and still maintaining my H1 and brought my wife on H4.

    I need to renew my H1 as it is getting expired in April. Not able to use EAD as need to maintain my wife�s H4.

    This is my 12th year H1 renewal.

    6 year 2005
    1 year 2006
    1 year 2007
    3 year 2010


    Question - Is H1-B extension rule applicable only for I140 approval/(labor 365 days) or is it allowed even after filing 485? And is it allowed after 11 years for additional 3 years?


    Thanks
    Venkat Muthusamy



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  • diptam
    07-29 04:40 PM
    I dont know if USCIS requires this format or not but i submitted my 140 with this letter format... By the way - my 140 is not yet approved its pending for 3 Months at Nebraska.

    /***

    May 05, 2007

    RE: Mr. XXXXXXXXXXX

    TO WHOM IT MAY CONCERN:

    This letter is to verify that Mr. XXXXXXXXXXX was employed by <company name> as a full-time Software Engineer from mm1/yyyy1 to mm2/yyyy2. During this period he worked 40 Hours per week.

    During the period of employment at <company name> Mr. XXXXXXXXXXX’s duty were to Plan, design, develop, test and document application software using < technology list .... >

    Mr. XXXXXXXXXXX has always rendered his services with the highest degree of responsibility and professionalism and we wish Mr. XXXXXXXXXXX all the best in his future endeavors.

    Sincerely,


    _____________________________
    Mr. XXXXXXXXXXXXX
    Project Manager

    ***/

    Hi,

    This is my first post here. I was looking for "Experience Letter Format" that Is needed for filing I-140. I have not started my GC yet but was looking for all the documents required. It seems to be a nice idea to get all the experience letters from the previous employers before starting labor process.

    If some one has the format currently required by USCIS, please post it.

    Thanks





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  • cam23
    06-24 08:44 PM
    Hi All

    I worked for a company A till July 2006. Company A had applied for my Green Card using RIR process. I got my Labor certification approved and company A applied for I-140.

    In August 2006 company B acquired company A. Company B moved me to a different physical location and different state.

    Company B amended my I-140 application filed by Company A to preserve the priority date. Now company B is planning to file I-485 for this ongoing I-140 application.

    My Questions:

    Is there any risk for I-140 application since company B amended I-140 application filed by Company A?

    I am asking so as company B moved me to a different state and labor used to file amended I-140 was based on company A and its location.





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  • pappu
    05-04 11:00 AM
    Thank you for the initiative. This will be a big help. Everyone should try to do the same in their districts so make sure our issues are known to every lawmaker.





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  • pappu
    08-09 07:53 AM
    Please find below my case details:

    i.Started on L1A in Dec 2001

    ii.Applied for a new H1 in June 2005 with start date as Oct 1,2005(New H1 application) : Came to US on H1 in Mar 2006 with "I 94 and Petition End Date(PED)" as Dec 2007.

    iii.Since Dec 2001 till Mar 2006, have been in India for totalling 10 months (2.5 months in 2003, 1.5 months 2004, 6 months during 2005-2006).

    With the assumption that I can recapture the time spent outside US (10 months), the six year clock ends in Oct 2008. If so, to get 7th year extension
    would it work as long as the Labour is filed before Oct 2007.

    Am I correct in this assessment or does the 6 year clock indeed ends in "Dec 2007" (as in my I94/PED) and I should have the Labour filed before Dec 2006.

    Any thoughts? Appreciate your comments.

    Thanks very much in advance.
    you have enough time to get started with your labor. earlier the better. have your company start your labor in a couple of months so that do dont have to worry about all the nitty gritties of recapture of time. yes one can recapture the time with a petition. less legal work is less money paid and less headache in my opinion.



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  • up_guy
    04-09 11:52 AM
    Adding one more question

    Can employee pay 140 premium processing fees ?


    This is my understanding PERM has no fees to department of labour. Is that right ?
    Can employee may attorney fees for PERM ?
    Can employee pay I-140 fees for USCIS ?
    Can employee pay I-140 fees to attorney ?
    I assume that employee can surely pay for USCIS-485 fees and attorney fees for this. ?





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  • varshadas
    01-16 09:01 AM
    I will join as well.

    Thanks,
    Varsha



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  • H1bslave
    01-04 09:33 AM
    I PMed you the insurances I have for my business.

    Hello,

    I have just registered my company and would like to know what business insurance i would need to do software consulting. Can anyone please help me out.

    thanks





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  • EB2_Jun03_dude
    04-22 01:07 PM
    very funny yabadaba!

    My understanding of a soft LUD is that your case was accessed for something... but since my PD/RD is current, I was wondering if others in the same boat have any recent soft LUDs ?



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  • Munna Bhai
    01-25 09:51 AM
    Even GC cannot work on security Clearance projects. Only Citizens allowed.

    That is true, but depends on degree of security clearance, if it is less than GC can work.

    But what is the way out for H1bs??





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  • amicable
    06-21 06:12 PM
    Hi, I recently got married to an American Citizen. I am Canadian citizen and on travel visa here. I filed my I-485 jut last week. My question is how long does it take to get permanent resident approval?



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  • searchGreen
    02-15 08:43 PM
    Labor/I-140/485/EB3 approved with PD of 2003. THe approved Labor had criteria that meets EB2 so trying to apply new I-140 in EB2 with the same labor. All is well except, lawyer concerned about the degree mentioned in labor is "computer science or equivalent" and I have "electronics engineering". Isn't the word "equivalent supposed to mean closeby or related as electronics engineering that we had was more like computer engineering

    1. In the worst case of denial of new I-140 AND revoking of an approved I-140 and denial of I-485 due to degree issue, can I
    continue to stay and work in US for the next 3 years of an approved H1B extension.
    2. WHat are the chances of EB2 approval and conversion based on the slight difference in the degree above? How do I improve, if chances of success are bleak

    Appreciate advice.





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  • nhfirefighter13
    June 20th, 2004, 10:18 AM
    I need to hand in three photos for my final this week.

    These are them. Let me have it. :)



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  • wandmaker
    03-13 02:42 PM
    I got soft LUD on my and my wife 485 on 02/10/2009
    I called USCIS they said , it is an batch update - no information they can provide. I am not sure what it means.
    Does any one else got soft LUD around this date ?

    USCIS has received high volume of calls during Aug 2008 for reasons like (LUD, Why no 2nd FP, Where is my case now) this and a month later all the menu options were changed. There was big post to figure out new options.... Infact, People were not able to get a answers real emergency questions, had to book infopass appointments.

    BTW, if you are IT guy, you should know what batch means.





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  • Alabaman
    02-11 11:26 AM
    this is what i think... i am no expert.

    wait until you get ur SSN before you file.
    you would have to file 2009 as F1 (so 1040NR) NR meaning non resident.
    2010 onwards you file as a resident (for tax purposes) so that means you file regular 1040.

    Have you ever filed a tax return before? If so do you havean ITIN (in lieu of SSN)?



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  • Pagal
    07-25 07:39 AM
    Hello,

    As H1-B visa is tied to an employer, you should get the new H1-B stamp with your new employer as the sponsor.

    At PoE, the IO may ask you to show the current employment letter, especially as you are coming to US after a long absence.





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  • lost
    10-27 09:05 AM
    In what stage is the background check done? and are we notified of its completion?



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  • kittu07in
    09-09 09:02 AM
    Hello,

    I got a notice today saying that my H1B withdrawal notice has been sent on Sep9th (today).

    My new employer applied LCA yesterday (09.08.2009) for my H1B transfer.

    What is my status now? can I transfer H1B to new company?

    Is my old H1B revoked?

    what is my next step to do to stay as legal immigrant?

    Thanks in advance.





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  • zCool
    04-02 01:51 PM
    correct





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  • meridiani.planum
    06-30 01:55 AM
    Me and my wife are July 2007 filers. We applied for Ead renwal.
    My wife started her own business and opened a LLC.
    Which means she is using her EAD. But how does the USCIS know that she is using her EAD.
    My question is when she aplied for the business license , she has given her SSN everywhere but how does the agencies know that this particular person is using EAD

    Pls let me know
    thanks

    AFAIK they dont know unless USCIS issues an RFE for tax returns. What was her status before she filed her 485?
    Also why are you concerned whether they know or not?





    waitingnwaiting
    01-18 12:45 PM
    You should copy paste the post instead of link and forcing people to go to a website. I suggest you edit your post. Let people discuss here than on some other site.
    This person is ROW and current. Only EB3 I know the pain of waiting.





    smgms
    03-08 10:21 PM
    I would say best bet would be Matamoros. Pls check out this website
    consulartripservices.com