prioritydate
08-14 12:57 PM
I support the theory part of your concept, but I dont think USCIS has the capability to implement it. I would rather say that , The earlier stages Labor and 140 might be more appropriate to apply your theory, wherein direct employees with bigger organizations will have faster approvals, which indirectly would makes their adjustment of status faster.
Also, as mentioned in the earlier post, being proactive with your case and having a good lawyer also affect the speed at which case is processed.
Ok. I added another clause. I-140, name check etc are approved.
Also, as mentioned in the earlier post, being proactive with your case and having a good lawyer also affect the speed at which case is processed.
Ok. I added another clause. I-140, name check etc are approved.
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reshma
01-09 08:50 PM
I am planning to sponsor visitors visa for my parents and and based on the available documentation I need to submit my birth certificate as part of the required docs.
My parents name in the their passport is not exactly the same as in my birth certificate. The last name is good and the issue is with the first and middle names not being exactly the same. Will this be an issue when they go for VISA. Should I get the names corrected in my parents passport before applying for VISA.
If we need to correct the names in the passport in India, does anyone have an idea of the process and how long it might take.
Any advice/help is greatly appreciated.
hi
My situation is some what like you. In my father passport for place of birth one letter was missed. My father from his birth time onwards he is staying in that place. so present address and permanent address both are that village only.
Is it needed to correct that missing letter of village name for the place of birth in passport ? i am planning to apply for visitor visa for them soon. Does anyone have any idea about this process of corrrection in india and how long it might take.
If not needed while filling the forms for palce of birth how i have to mention like same in passport or the correct name of village ? If i need to mention the addresses like present or permanent how i have to mention the village name please reply so that i can do that.
Thank you in advance
My parents name in the their passport is not exactly the same as in my birth certificate. The last name is good and the issue is with the first and middle names not being exactly the same. Will this be an issue when they go for VISA. Should I get the names corrected in my parents passport before applying for VISA.
If we need to correct the names in the passport in India, does anyone have an idea of the process and how long it might take.
Any advice/help is greatly appreciated.
hi
My situation is some what like you. In my father passport for place of birth one letter was missed. My father from his birth time onwards he is staying in that place. so present address and permanent address both are that village only.
Is it needed to correct that missing letter of village name for the place of birth in passport ? i am planning to apply for visitor visa for them soon. Does anyone have any idea about this process of corrrection in india and how long it might take.
If not needed while filling the forms for palce of birth how i have to mention like same in passport or the correct name of village ? If i need to mention the addresses like present or permanent how i have to mention the village name please reply so that i can do that.
Thank you in advance
gimme Green!!
06-14 04:54 PM
On what basis does I-485 get processed?
Is it based on Labor application (Priority Date) or by date of receipt of I-485 application? :confused:
Or by luck of the draw?:cool:
Is it based on Labor application (Priority Date) or by date of receipt of I-485 application? :confused:
Or by luck of the draw?:cool:
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casinoroyale
02-06 09:11 PM
>IS ADMIN PROC DIFFERENT FROM ADD ADMIN PROC ???
No. Its all the same 221(g) or Administrative Processing.
No. Its all the same 221(g) or Administrative Processing.
more...
duncanidaho
02-17 10:51 PM
Stuk,
You'll be stuck forever if your 140 gets denied after you use AC21. If the 140 gets denied, your 485 will be denied automatically and your EAD becomes invalid. At this point, you have the option of filing a motion to reopen the 140 case and/or applying for an H1(that is not subject to quota), provided you have not spent more than 180 days in the US after your 140/485 are denied.
In all likelihood your H1 will be approved, but you need to go to your home country to get the visa stamped and reenter to start work. When you go for stamping to your home country there a a good chance that your stamping might be denied because you have shown 'intent to immigrate' by applying for 140/485 earlier. Granted, H1B in and of itself is a dual intent visa but you will be at the mercy of the visa officer at the consulate and the odds are stacked up against you.
So, be very very careful if you exercise AC21 prior to your 140 approval.
The best alternative is to ask your new employer to file for premium H1b transfer.
You'll be stuck forever if your 140 gets denied after you use AC21. If the 140 gets denied, your 485 will be denied automatically and your EAD becomes invalid. At this point, you have the option of filing a motion to reopen the 140 case and/or applying for an H1(that is not subject to quota), provided you have not spent more than 180 days in the US after your 140/485 are denied.
In all likelihood your H1 will be approved, but you need to go to your home country to get the visa stamped and reenter to start work. When you go for stamping to your home country there a a good chance that your stamping might be denied because you have shown 'intent to immigrate' by applying for 140/485 earlier. Granted, H1B in and of itself is a dual intent visa but you will be at the mercy of the visa officer at the consulate and the odds are stacked up against you.
So, be very very careful if you exercise AC21 prior to your 140 approval.
The best alternative is to ask your new employer to file for premium H1b transfer.
mugwump
11-25 12:48 PM
that's right. if u switch to F1 now then u will pretty much throw away your GC app. Plus you can only go to school part time on H1 with explicit written permission from the employer (consult lawyer to see if additional paperwork is needed). But you can go full time on EAD.
You do not need any permission from your employer. As long as you put in 40 hours per week, i dont think anyone cares for what you do with the rest of your time (as long as you dont hold another job).
And as far as going to school full time is concerned, i use the same logic. I was full time in Fall 2006 while being on H1b (and my GC was being processed). i am currently enrolled part time but will be enrolling full time next spring. I am currently working with the same employer. Dont think it will be an issue and dont plan on taking any permissions.
You do not need any permission from your employer. As long as you put in 40 hours per week, i dont think anyone cares for what you do with the rest of your time (as long as you dont hold another job).
And as far as going to school full time is concerned, i use the same logic. I was full time in Fall 2006 while being on H1b (and my GC was being processed). i am currently enrolled part time but will be enrolling full time next spring. I am currently working with the same employer. Dont think it will be an issue and dont plan on taking any permissions.
more...
needhelp!
03-14 04:25 PM
Infact I know one Texas member who has contributed a percentage of his tax return last year, and will be doing it again.
BTW.. please explain what is this $600 rebate? I already filed my taxes myself, and maybe I missed this.
BTW.. please explain what is this $600 rebate? I already filed my taxes myself, and maybe I missed this.
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Blog Feeds
09-18 10:20 AM
AILA Leadership Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiOHtGpzTKZEOMf2oV0Ga9gDDO_AzXBUQLaIW-9MSnRm1UbjlHnJrDVKxaVv-g5WbY5G_mJWFkibMxi9DcZvcLOpMZELmX_QrJgkX90vmOudyfUMHtyyYPa3PuyixvWDBN08TLpB_RnMVE/s320/Wilson+Liar.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiOHtGpzTKZEOMf2oV0Ga9gDDO_AzXBUQLaIW-9MSnRm1UbjlHnJrDVKxaVv-g5WbY5G_mJWFkibMxi9DcZvcLOpMZELmX_QrJgkX90vmOudyfUMHtyyYPa3PuyixvWDBN08TLpB_RnMVE/s1600-h/Wilson+Liar.jpg)During President Obama's address to a joint session of Congress on Tuesday, Congressman Joe Wilson (R. SC), shouted "LIAR!" when President Obama stated that the proposed health care plan would not cover "illegal aliens." Now, Joe Wilson said he should know this because he once was an immigration lawyer (http://www.riehlworldview.com/carnivorous_conservative/2009/09/rep-joe-wilson-speaks-to-rwv.html). Whether that meant immigration from or to South Carolina, I am not sure, but one thing is for sure, no one I know ever knew Joe Wilson the immigration lawyer. If by "immigration lawyer" Mr. Wilson meant that he once helped an immigrant get deported, I am not sure that really counts. But if "Joe the Immigration Lawyer" is like "Joe the Plumber," then maybe he thinks he really was one.
After all, an immigration lawyer would likely be able to understand what exactly the law means when it says that only citizens and permanent residents are covered under the Obama plan. What has caused Joe Wilson to react like this, besides a serious lack of self control, is the provision in the proposed legislation that eliminates the requirement of using the "SAVE" system to verify whether someone who is an immigrant, is legally in the United States. Use of this program has stopped very few undocumented immigrants from getting public benefits, but has stopped literally thousands of U.S. citizens, mostly poor, from obtaining benefits because of their lack of accessible proof of their citizenship.
Factcheck.org has presented a short article on Seven Falsehoods About Health Care (http://www.factcheck.org/2009/08/seven-falsehoods-about-health-care/). One of those applies directly to this point:
False: Illegal Immigrants Will Be Covered. One Republican congressman issued
a press release claiming that "5,600,000 Illegal Aliens May Be Covered Under Obamacare (http://steveking.house.gov/index.cfm?FuseAction=Newsroom.PressReleases&ContentRecord_id=a294b300-19b9-b4b1-1296-659af869849a&Region_id=&Issue_id=)," and we�ve been peppered with queries about similar claims. They�re not true. In fact, the House bill (the only bill to be formally introduced in its entirety) specifically says that no federal money would be spent on giving illegal immigrants health coverage:
H.R. 3200: Sec 246 � NO FEDERAL PAYMENT FOR UNDOCUMENTED ALIENS. Nothing in this subtitle shall allow Federal payments for affordability credits on behalf of individuals who are not lawfully present in the United States.
Also, under current law, those in the country illegally don�t qualify for federal health programs. Of interest: About half of illegal immigrants have health insurance now, according to the nonpartisan Pew Hispanic Center, which says those who lack insurance do so principally because their employers don�t offer it."Misleading GOP Health Care Claims" (http://factcheck.org/2009/07/misleading-gop-health-care-claims/) July 23 � by Brooks Jackson, Viveca Novak, Lori Robertson and Jess Henig.
I can certainly see both sides of the debate, and, frankly, neither side is being completely honest or clear. What is quite clear, is how immigration, and our broken immigration system, keeps coming up in the context of the debate of national agenda items, such as the health care debate.
Several weeks ago I blogged on the danger that the tone of the Health care debate (http://ailaleadership.blogspot.com/2009/08/healthcare-debate-and-immigration.html)had for the coming immigration reform debate. Calling the President a Liar during his speech to a joint session to Congress is Exhibit A in what we have in store for the coming debate. If Joe Wilson the Immigration Lawyer can misrepresent the consequences of legislative language as straight forward as these two particular sections, we have to be prepared for the extraordinary misrepresentations of any positive aspects of an immigration reform bill. Whether it is "amnesty," "rewarding law breakers," "open borders," "Liars," or even "destroyers of American culture" we have to understand how to phrase and present the response. Without a doubt, the response from those of us who understand the need to balance immigration reform, with security concerns, and with economic growth has to be not only vocal, but focused. We, as Real Immigration Lawyers, must know the language of the proposed legislation, we must know the myths that are out there, and we need to be vocal in our response.
Next week, more than 40 talk radio hosts are descending on Capital Hill for the FAIR (http://www.splcenter.org/intel/intelreport/article.jsp?aid=846)Annual Scare the Crap Out of Congress Boondoggle. The outrageous claims of the downfall of America caused by illegal immigration, along with similarly nutty myths will be presented as facts. Actual real news organization will cite the Center for Immigration Studies as a legitimate source of information. We must be prepared to call into our local radio stations, whose hosts are in D.C. next week, and be prepared to present the facts of immigration. Not by sugar coating the problems that are caused by illegal immigration, but rather by pointing out which specific laws are broken (INA 212(a)(9) anyone?) and how having a comprehensive solution can actually fix the immigration pothole in the legislative superhighway. Immigration Lawyers it is time to Stand Up and be vocal and beat back the immigration myths (http://www.aila.org/content/default.aspx?bc=27924).
https://blogger.googleusercontent.com/tracker/186823568153827945-8070452709764975137?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/09/liar-what-does-health-care-have-to-do.html)
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiOHtGpzTKZEOMf2oV0Ga9gDDO_AzXBUQLaIW-9MSnRm1UbjlHnJrDVKxaVv-g5WbY5G_mJWFkibMxi9DcZvcLOpMZELmX_QrJgkX90vmOudyfUMHtyyYPa3PuyixvWDBN08TLpB_RnMVE/s320/Wilson+Liar.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiOHtGpzTKZEOMf2oV0Ga9gDDO_AzXBUQLaIW-9MSnRm1UbjlHnJrDVKxaVv-g5WbY5G_mJWFkibMxi9DcZvcLOpMZELmX_QrJgkX90vmOudyfUMHtyyYPa3PuyixvWDBN08TLpB_RnMVE/s1600-h/Wilson+Liar.jpg)During President Obama's address to a joint session of Congress on Tuesday, Congressman Joe Wilson (R. SC), shouted "LIAR!" when President Obama stated that the proposed health care plan would not cover "illegal aliens." Now, Joe Wilson said he should know this because he once was an immigration lawyer (http://www.riehlworldview.com/carnivorous_conservative/2009/09/rep-joe-wilson-speaks-to-rwv.html). Whether that meant immigration from or to South Carolina, I am not sure, but one thing is for sure, no one I know ever knew Joe Wilson the immigration lawyer. If by "immigration lawyer" Mr. Wilson meant that he once helped an immigrant get deported, I am not sure that really counts. But if "Joe the Immigration Lawyer" is like "Joe the Plumber," then maybe he thinks he really was one.
After all, an immigration lawyer would likely be able to understand what exactly the law means when it says that only citizens and permanent residents are covered under the Obama plan. What has caused Joe Wilson to react like this, besides a serious lack of self control, is the provision in the proposed legislation that eliminates the requirement of using the "SAVE" system to verify whether someone who is an immigrant, is legally in the United States. Use of this program has stopped very few undocumented immigrants from getting public benefits, but has stopped literally thousands of U.S. citizens, mostly poor, from obtaining benefits because of their lack of accessible proof of their citizenship.
Factcheck.org has presented a short article on Seven Falsehoods About Health Care (http://www.factcheck.org/2009/08/seven-falsehoods-about-health-care/). One of those applies directly to this point:
False: Illegal Immigrants Will Be Covered. One Republican congressman issued
a press release claiming that "5,600,000 Illegal Aliens May Be Covered Under Obamacare (http://steveking.house.gov/index.cfm?FuseAction=Newsroom.PressReleases&ContentRecord_id=a294b300-19b9-b4b1-1296-659af869849a&Region_id=&Issue_id=)," and we�ve been peppered with queries about similar claims. They�re not true. In fact, the House bill (the only bill to be formally introduced in its entirety) specifically says that no federal money would be spent on giving illegal immigrants health coverage:
H.R. 3200: Sec 246 � NO FEDERAL PAYMENT FOR UNDOCUMENTED ALIENS. Nothing in this subtitle shall allow Federal payments for affordability credits on behalf of individuals who are not lawfully present in the United States.
Also, under current law, those in the country illegally don�t qualify for federal health programs. Of interest: About half of illegal immigrants have health insurance now, according to the nonpartisan Pew Hispanic Center, which says those who lack insurance do so principally because their employers don�t offer it."Misleading GOP Health Care Claims" (http://factcheck.org/2009/07/misleading-gop-health-care-claims/) July 23 � by Brooks Jackson, Viveca Novak, Lori Robertson and Jess Henig.
I can certainly see both sides of the debate, and, frankly, neither side is being completely honest or clear. What is quite clear, is how immigration, and our broken immigration system, keeps coming up in the context of the debate of national agenda items, such as the health care debate.
Several weeks ago I blogged on the danger that the tone of the Health care debate (http://ailaleadership.blogspot.com/2009/08/healthcare-debate-and-immigration.html)had for the coming immigration reform debate. Calling the President a Liar during his speech to a joint session to Congress is Exhibit A in what we have in store for the coming debate. If Joe Wilson the Immigration Lawyer can misrepresent the consequences of legislative language as straight forward as these two particular sections, we have to be prepared for the extraordinary misrepresentations of any positive aspects of an immigration reform bill. Whether it is "amnesty," "rewarding law breakers," "open borders," "Liars," or even "destroyers of American culture" we have to understand how to phrase and present the response. Without a doubt, the response from those of us who understand the need to balance immigration reform, with security concerns, and with economic growth has to be not only vocal, but focused. We, as Real Immigration Lawyers, must know the language of the proposed legislation, we must know the myths that are out there, and we need to be vocal in our response.
Next week, more than 40 talk radio hosts are descending on Capital Hill for the FAIR (http://www.splcenter.org/intel/intelreport/article.jsp?aid=846)Annual Scare the Crap Out of Congress Boondoggle. The outrageous claims of the downfall of America caused by illegal immigration, along with similarly nutty myths will be presented as facts. Actual real news organization will cite the Center for Immigration Studies as a legitimate source of information. We must be prepared to call into our local radio stations, whose hosts are in D.C. next week, and be prepared to present the facts of immigration. Not by sugar coating the problems that are caused by illegal immigration, but rather by pointing out which specific laws are broken (INA 212(a)(9) anyone?) and how having a comprehensive solution can actually fix the immigration pothole in the legislative superhighway. Immigration Lawyers it is time to Stand Up and be vocal and beat back the immigration myths (http://www.aila.org/content/default.aspx?bc=27924).
https://blogger.googleusercontent.com/tracker/186823568153827945-8070452709764975137?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/09/liar-what-does-health-care-have-to-do.html)
more...
ysiad
08-10 11:31 PM
One option is to change the address at USCIS and also put a hold on your mail for 30 days (max allowed) at the Post Office. Picking up held mail should be easy since you are in same city.
Thanks for the idea, that would be helpful! For my question 1, beside the mailing delay, I am also concerned on the delay of USCIS processing of my I-485 case. I don't know their internal procedure. Should I be worried about this or no delay on the procedure?
Thanks.
Thanks for the idea, that would be helpful! For my question 1, beside the mailing delay, I am also concerned on the delay of USCIS processing of my I-485 case. I don't know their internal procedure. Should I be worried about this or no delay on the procedure?
Thanks.
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furiouspride
01-12 10:50 PM
This is a serious matter my friend. You should consult a good immigration attorney ASAP.
more...
breddy2000
12-16 12:22 PM
A freind of mine had two years EAD and don't have H1 anymore. His drivers License was denied as EAD is not considered a valid document for drivers License extention.
This happened in Wayne , NJ.
I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?
It quiet common that each office follows different rules.
No harm in trying at different offices. As someone suggested take the printout of the valid identification cards and you should be all set.
This happened in Wayne , NJ.
I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?
It quiet common that each office follows different rules.
No harm in trying at different offices. As someone suggested take the printout of the valid identification cards and you should be all set.
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prioritydate
08-14 01:04 PM
the op modified his post.. his post ended with the question "am i missing something here?" and i replied to that as yes you are.. as to what he/she is missing is anyone's guess. maybe some common sense?
how would uscis have the ability to decode between a direct hire and a non direct hire application?
abc corporation is abc corporation. what OP was implying was that employees at companies with well established brand names would get it faster. but there are thousands of legitimate companies in various fields other than software that have 0 brand recognition outside their industry.
I don't appreciate your comments. How come common sense come into this picture when I said I may be wrong!
how would uscis have the ability to decode between a direct hire and a non direct hire application?
abc corporation is abc corporation. what OP was implying was that employees at companies with well established brand names would get it faster. but there are thousands of legitimate companies in various fields other than software that have 0 brand recognition outside their industry.
I don't appreciate your comments. How come common sense come into this picture when I said I may be wrong!
more...
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Berkeleybee
04-10 01:49 PM
To Berkeleybee, i have recently noticed that you always ask the people directly or indirectly whether they know more than you. While It may be true that you guys know more than us, because u spend hours upon hours making it your business to know, but that does not mean you would want to curb free speech. We are grateful to each and every IV core member for their extrodinary efforts, but do not admonish us because somebody wishes to express their ideas. Who knows if people propose 100 theories there might be 1 out there that even you guys have not thought about.
Personally if i were a member of the core team, i would not even bother to respond back to the threads where the so called theory holds no water. There are enough people in this forum to speculate for you :-).
CCC,
Wonderful to hear from a contributing member and thanks for the warm words.
IV has no interest in curbing free speech. All we ask is that new members go through forum posts and resource docs to see what IV has said on a given subject, and also realize that we have done our homework. How about asking us if we have considered an issue rather than telling us what to do (without much research) -- which is the tone that some new member posts take.
As for not responding to theories -- well they just take on a life of their own if we don't respond. :) IV has no intention of letting its forums become a chaotic space with misinformation and assorted half-baked theories. :)
best,
Berkeleybee
Personally if i were a member of the core team, i would not even bother to respond back to the threads where the so called theory holds no water. There are enough people in this forum to speculate for you :-).
CCC,
Wonderful to hear from a contributing member and thanks for the warm words.
IV has no interest in curbing free speech. All we ask is that new members go through forum posts and resource docs to see what IV has said on a given subject, and also realize that we have done our homework. How about asking us if we have considered an issue rather than telling us what to do (without much research) -- which is the tone that some new member posts take.
As for not responding to theories -- well they just take on a life of their own if we don't respond. :) IV has no intention of letting its forums become a chaotic space with misinformation and assorted half-baked theories. :)
best,
Berkeleybee
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GCforever1
09-15 01:08 PM
wow !!! freedom when your wife is in India ....go to strip bar and have fun:) you need to enjoy
Any ideas? (My wife and son are in india now).
Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.
Any ideas? (My wife and son are in india now).
Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.
more...
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unseenguy
02-23 01:34 PM
Why people ask dumb questions. For me most of these questions are dumb and answers are obvious.
shut up idiot. Do you know how many 485s have been rejected for using AC21? Some people have advised me to stay where I am as long as it takes, but my gut tells me to find another job. So I am just asking for risk and opinions.
shut up idiot. Do you know how many 485s have been rejected for using AC21? Some people have advised me to stay where I am as long as it takes, but my gut tells me to find another job. So I am just asking for risk and opinions.
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GCapplicant
08-10 05:35 PM
I think this person is just making fun.Whatever he is stating here cant be true just creating confusion-It cant be India.
this is his first post too.
this is his first post too.
more...
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OLDMONK
07-18 09:19 PM
I think if you got the I-140 approval before mid-August you should be able to apply for AOS. If I were you, I would keep everything (birth certificates, medical exams, photographs, etc) ready and even the application forms completed.
Approval is not happening before Mid August. I am 100% sure. I know it sounds Brutal but is the truth, specially when USCIS stopped premium processing of I40's. Approval will take 8-10 months. Getting a receipt, yes its a possibility.
Approval is not happening before Mid August. I am 100% sure. I know it sounds Brutal but is the truth, specially when USCIS stopped premium processing of I40's. Approval will take 8-10 months. Getting a receipt, yes its a possibility.
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karanp25
08-03 02:10 AM
No worries...i am in same situation...did my FP early this yr. EAD renewal card says "No FP available".
Sorry - did not check this thread till today
My RD was July 11 for both of us - got Ead for me Aug 2 with 2 yr validity
hers is still pending
Mine shows no FP on file even though I did FP in Oct 07 ( less than 1 yr) That kinda worries me
Anyways PD is May 04 EB3 - so long way to go - and besides caring at this point when I see PD of 2006 getting GC
Sorry - did not check this thread till today
My RD was July 11 for both of us - got Ead for me Aug 2 with 2 yr validity
hers is still pending
Mine shows no FP on file even though I did FP in Oct 07 ( less than 1 yr) That kinda worries me
Anyways PD is May 04 EB3 - so long way to go - and besides caring at this point when I see PD of 2006 getting GC
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smiling08
09-12 12:21 PM
I am in this case, and I am on my OPT in the US. If I have the I-794B now, and will be valid Oct 1, 2008, can I change my employer and transfer H1-B? Or I have to activate it first. Thanks a lot!
your employer while applying the h1b , they did not applied for change of status to h1b. they just applied for h1b only. so you did not got the i-94.
so until you out of the country and get it stamped h1b and re-enter you h1b will not be activated.
since you have your f1 valid until december...you can go for stamping before that date or you can also amend h1b for change of status thru your employer also.
hope this helps
your employer while applying the h1b , they did not applied for change of status to h1b. they just applied for h1b only. so you did not got the i-94.
so until you out of the country and get it stamped h1b and re-enter you h1b will not be activated.
since you have your f1 valid until december...you can go for stamping before that date or you can also amend h1b for change of status thru your employer also.
hope this helps
GCwaitforever
09-18 10:47 AM
Why focus our energies on cosmetic changes?
meridiani.planum
06-17 09:24 PM
inline...
Hi,
This is the 6th year of my H1B visa going on and my max out calender date is in June-2011 (including the days spent outside USA). My Green Card application was supposed to file last year but because of economy and job market situation, my Employer did not apply at that time. Now my Employer is going to start GC processing in July/August-2010. But as per the DOL rules, my GC must have been applied before 365 days of max out calender date, to qualify for H1Bb Visa extension beyond 6 years. I have the questions below in this regard:
1. What happens if Labor is pending (not approved) on 6 years completion? My Employer says, in this scenario I have to depart USA for one year till the PERM is pending. What does it mean? Could you please give some more details about this scenario.
no, you can get an H1 extension as soon as the labor is 365 days old. No need to spend one year outside unless you want to reset your clock. SO get them to file this asap (lets say they file in August), if your labor approval does not come on time, in June you would have to leave the US for 2 months at which point they can again extend your H1 from August.
2. Would I get qualified for H1B Visa extension if Labor is approved before 6 years completion (i.e by June-2011)?
If you can get your I-140 approvla also by then. Just labor approval is not enough (unless it is 365 days old which it wont be in your case)
Kindly consider my situation and answer to my questions. Thank you in advance. I am very much worried and unable to concentrate at work because of the situation.
Regards,
swashbuckler
Hi,
This is the 6th year of my H1B visa going on and my max out calender date is in June-2011 (including the days spent outside USA). My Green Card application was supposed to file last year but because of economy and job market situation, my Employer did not apply at that time. Now my Employer is going to start GC processing in July/August-2010. But as per the DOL rules, my GC must have been applied before 365 days of max out calender date, to qualify for H1Bb Visa extension beyond 6 years. I have the questions below in this regard:
1. What happens if Labor is pending (not approved) on 6 years completion? My Employer says, in this scenario I have to depart USA for one year till the PERM is pending. What does it mean? Could you please give some more details about this scenario.
no, you can get an H1 extension as soon as the labor is 365 days old. No need to spend one year outside unless you want to reset your clock. SO get them to file this asap (lets say they file in August), if your labor approval does not come on time, in June you would have to leave the US for 2 months at which point they can again extend your H1 from August.
2. Would I get qualified for H1B Visa extension if Labor is approved before 6 years completion (i.e by June-2011)?
If you can get your I-140 approvla also by then. Just labor approval is not enough (unless it is 365 days old which it wont be in your case)
Kindly consider my situation and answer to my questions. Thank you in advance. I am very much worried and unable to concentrate at work because of the situation.
Regards,
swashbuckler
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