boldm28
06-18 09:56 AM
Bump
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vkishore123
07-21 09:01 PM
Thank you Sir,
Do you think if she cancels her interview, she can go to the interview again after sometime, without affecting her future prospects of getting a GC.
Do you think if she cancels her interview, she can go to the interview again after sometime, without affecting her future prospects of getting a GC.
sac-r-ten
12-11 12:51 PM
When 140 is denied, then 485 is also denied. Appeal going to AAO is common thing. Will sit there forever. Its takes approximately 12-20 months to get a reply.
Mine is already crossed 12 months now.
Hope this helps.
Mine is already crossed 12 months now.
Hope this helps.
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hibworker
11-22 05:50 PM
If PERM is pending for over a year, then the new employer can apply for H1 extension for 1 year. This whole PERM process will have to re-started with the new employer.
Since this is a unique case, you should check with an attorney.
Since this is a unique case, you should check with an attorney.
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Prashanthi
04-09 01:02 PM
yes he can
sekharreddy
07-18 10:14 PM
Hi
I am applying 485 for me and my wife.My wife got H1 in Oct 2006 but she didnt work until now So she dont have any paystubs.So my attroney suggested to do it on H4 but her H1 is to be collapsed for that she is planning to go canada (not for stamping)and come back so that her H 1 will be collapsed and H4 will be there.I came to know from my friends that canada people are not givng any I 94 for visitors who travle by road.If we request for I 94 they are asking to keep the same I 94 which we have in our respective document.I just want to know how to get the new I 94 for her?
And also Please suggest If there is any way to apply for 485 without cancelling her H1.
Thanks in advance
I am applying 485 for me and my wife.My wife got H1 in Oct 2006 but she didnt work until now So she dont have any paystubs.So my attroney suggested to do it on H4 but her H1 is to be collapsed for that she is planning to go canada (not for stamping)and come back so that her H 1 will be collapsed and H4 will be there.I came to know from my friends that canada people are not givng any I 94 for visitors who travle by road.If we request for I 94 they are asking to keep the same I 94 which we have in our respective document.I just want to know how to get the new I 94 for her?
And also Please suggest If there is any way to apply for 485 without cancelling her H1.
Thanks in advance
more...
martinvisalaw
12-16 05:14 PM
i hv an approved I-140 thru employer A (my current employer). so i am eligible for 3 yrs H-1B extension. the I-140 was approved more than 6 months ago.
You are only eligible for a 3-year extension (assuming you have less than 3 years left of your initial 6-year stay) if your I-140 is approved AND your priority date is backlogged.
once my H-1B extn is approved for 3 yrs, i want to xfr my H-1B to employer B. in that case, if employer A revokes the I-140, then what happens to my H-1B extn? does that become null and void?
No, but you cannot use that I-140 to get another H-1B extension.
pls. note that I-485 is not filed, so i cannot invoke AC-21.
You are using AC21 for the 3-year extension, just not the 485 portability section of AC21.
You are only eligible for a 3-year extension (assuming you have less than 3 years left of your initial 6-year stay) if your I-140 is approved AND your priority date is backlogged.
once my H-1B extn is approved for 3 yrs, i want to xfr my H-1B to employer B. in that case, if employer A revokes the I-140, then what happens to my H-1B extn? does that become null and void?
No, but you cannot use that I-140 to get another H-1B extension.
pls. note that I-485 is not filed, so i cannot invoke AC-21.
You are using AC21 for the 3-year extension, just not the 485 portability section of AC21.
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HalfDog
03-19 10:20 AM
blending acrylics = very very hard
Uhhhh no it's really very very easy, use water and wipe away lightly. Repeat.
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vivache
09-28 11:24 AM
I'm a mechanical engineering and also have an MBA degree.
I work as a support engineer.
My lawyers tell me that I cannot apply in EB2, since my Post grad degree is unrelated to my grad degree and so does not apply to my job.
Is this true?
Can I not file in EB2?
I work as a support engineer.
My lawyers tell me that I cannot apply in EB2, since my Post grad degree is unrelated to my grad degree and so does not apply to my job.
Is this true?
Can I not file in EB2?
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Blog Feeds
06-17 08:40 PM
In a recent decision, RUIZ-DIAZ v. UNITED STATES OF AMERICA, the court ruled that Petitioners who filed or will file a Petition for Special Immigrant Religious Worker Visa (Form I-360) with United States Citizenship and Immigration Services (�USCIS�) on behalf of individual beneficiaries are hereby notified that you or your beneficiary may now file an Application for Adjustment of Status (Form I-485) and, if your beneficiary seeks employment status as an adjustment applicant, an Application for Employment Authorization (Form I-765) even if USCIS has not yet issued a final administrative decision regarding the I- 360 petition. Previously, the I-360 had to be adjudicated before the adjustment package could be filed.
The Court has invalidated USCIS� bar against concurrent filings as an unreasonable
interpretation of the governing statute. Pursuant to an order dated June 11, 2009, USCIS is required to accept as properly filed adjustment of status applications (Form I-485) and employment authorization applications (Form I-765) from individuals who are beneficiaries of petitions for special immigrant visas (Form I-360 (http://www.h1b.biz/lawyer-attorney-1137192.html)), whether submitted concurrently with or subsequent to the visa petition, provided the applications meet USCIS� valid filing requirements.
Bear in mind that this decision may be subject to Appeal, so things can still change. But for now this is a victory to the applicants filing under this category.
More... (http://www.visalawyerblog.com/2009/06/religious_workers_visas_distri.html)
The Court has invalidated USCIS� bar against concurrent filings as an unreasonable
interpretation of the governing statute. Pursuant to an order dated June 11, 2009, USCIS is required to accept as properly filed adjustment of status applications (Form I-485) and employment authorization applications (Form I-765) from individuals who are beneficiaries of petitions for special immigrant visas (Form I-360 (http://www.h1b.biz/lawyer-attorney-1137192.html)), whether submitted concurrently with or subsequent to the visa petition, provided the applications meet USCIS� valid filing requirements.
Bear in mind that this decision may be subject to Appeal, so things can still change. But for now this is a victory to the applicants filing under this category.
More... (http://www.visalawyerblog.com/2009/06/religious_workers_visas_distri.html)
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kumar_459
11-10 04:50 AM
not a lawyer so take this with grain of salt.
she need to request her passport back and can travel back on AP if it is urgent.
VO has given back all the documents back to her including passport, when my wife said she has travel plans to go back early.
My concern is when the administrative processing is completed, then how do we get the passport stamped or is there a way to withdraw the visa application.
she need to request her passport back and can travel back on AP if it is urgent.
VO has given back all the documents back to her including passport, when my wife said she has travel plans to go back early.
My concern is when the administrative processing is completed, then how do we get the passport stamped or is there a way to withdraw the visa application.
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happynappin
04-24 10:12 PM
Hi, i'm gonna explain my situation.
I came to the states on december with a J-1 Visa for the purpose of work and travel program, i've got a ds-2019, my I-94 is with D/S, and i got a SSN card with the "only valid for work with dhs authorization", also i dont have the 2 year residence requirement on the J-1 visa so i don't need to get a waiver for appliying to AOS. I was working in colorado for 3 1/2 months and my visa expired on march 30. I was supposed to go back to my country (peru) but then i went to texas to see my girlfriend that i haven't seen in a year, and we decided to get married, which we just did a week ago. She's a permanent resident, living her for like 5 years or so, but not a citizen.
The thing is that neither of us have so much money to fill the papers (she just got a new job after a couple months unemployed :( ), she's still living with her parents, and i dont have a job anymore cause my visa already expired so i decided to move to florida with my cousin (i've just got here yesterday), so at least i don't have to pay rent and he can help me a little. So we're both triyin to make some money to make this happen.
The thing is that, i know that working out of status is illegal. Right now our plan is to get money for her to get her citizenship, move together, and then apply for my AOS, work permit and everything. But right now i need to work. My question is, if i work with my current ssn, which i'm not allowed to, will USCIS forgive that when we apply for AOS? I have explained my situation to some people here, and they're willing to give me a job with my current ssn but i dont know if i should take it or not. Can i then argument that it was for getting the money to become legal or something. We haven't applied for aos now cause, affidavit of support (we dont have money he).
Well at least we're happily married and had a good honey moon in Austin, i'm missing her thought :(
Please comment and try to give me some ideas here.
Thanks
I came to the states on december with a J-1 Visa for the purpose of work and travel program, i've got a ds-2019, my I-94 is with D/S, and i got a SSN card with the "only valid for work with dhs authorization", also i dont have the 2 year residence requirement on the J-1 visa so i don't need to get a waiver for appliying to AOS. I was working in colorado for 3 1/2 months and my visa expired on march 30. I was supposed to go back to my country (peru) but then i went to texas to see my girlfriend that i haven't seen in a year, and we decided to get married, which we just did a week ago. She's a permanent resident, living her for like 5 years or so, but not a citizen.
The thing is that neither of us have so much money to fill the papers (she just got a new job after a couple months unemployed :( ), she's still living with her parents, and i dont have a job anymore cause my visa already expired so i decided to move to florida with my cousin (i've just got here yesterday), so at least i don't have to pay rent and he can help me a little. So we're both triyin to make some money to make this happen.
The thing is that, i know that working out of status is illegal. Right now our plan is to get money for her to get her citizenship, move together, and then apply for my AOS, work permit and everything. But right now i need to work. My question is, if i work with my current ssn, which i'm not allowed to, will USCIS forgive that when we apply for AOS? I have explained my situation to some people here, and they're willing to give me a job with my current ssn but i dont know if i should take it or not. Can i then argument that it was for getting the money to become legal or something. We haven't applied for aos now cause, affidavit of support (we dont have money he).
Well at least we're happily married and had a good honey moon in Austin, i'm missing her thought :(
Please comment and try to give me some ideas here.
Thanks
more...
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Blog Feeds
01-27 06:40 AM
ComputerWorld (http://www.computerworld.com/s/article/9142806/Court_orders_three_H_1B_sites_disabled) reports about a New Jersey judge that has ordered the shutdown of three H-1B opposition Web sites.
Middlesex County Superior Court Judge James Hurley ordered firms that register domains and provide hosting services -- GoDaddy Inc., Network Solutions, Comcast Cable Communications Inc. and DiscountASP.Net, to disable the three sites, ITgrunt.com, Endh1b.com, and Guestworkerfraud.com. Facebook Inc. was also ordered to disable ITgrunt's Facebook page.
The order was made in response to a libel lawsuit filed by IT services and consulting firm Apex Technology Group Inc., based in Edison, N.J. against the three Web sites opposing the H-1B visa program (http://www.h1b.biz/lawyer-attorney-1137085.html). Such attacks on H1B supporters increased last year as the economic situation was gloomy, and prospects for employment were not looking good. Yet, we all know that the H1B program is not the cause of all evil and in fact is a boosting factor in creation of new jobs and opportunities for American workers. Lets hope that the antis will take it easy in 2010, and focus on the real issues at stake.
More... (http://www.visalawyerblog.com/2010/01/h1b_visas_judge_rules_to_shut.html)
Middlesex County Superior Court Judge James Hurley ordered firms that register domains and provide hosting services -- GoDaddy Inc., Network Solutions, Comcast Cable Communications Inc. and DiscountASP.Net, to disable the three sites, ITgrunt.com, Endh1b.com, and Guestworkerfraud.com. Facebook Inc. was also ordered to disable ITgrunt's Facebook page.
The order was made in response to a libel lawsuit filed by IT services and consulting firm Apex Technology Group Inc., based in Edison, N.J. against the three Web sites opposing the H-1B visa program (http://www.h1b.biz/lawyer-attorney-1137085.html). Such attacks on H1B supporters increased last year as the economic situation was gloomy, and prospects for employment were not looking good. Yet, we all know that the H1B program is not the cause of all evil and in fact is a boosting factor in creation of new jobs and opportunities for American workers. Lets hope that the antis will take it easy in 2010, and focus on the real issues at stake.
More... (http://www.visalawyerblog.com/2010/01/h1b_visas_judge_rules_to_shut.html)
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Blog Feeds
05-26 11:10 AM
The Immigration and Nationality Act (Act) provides for the admission of different classes of nonimmigrants who are foreign nationals seeking temporary admission to the United States. The purpose of the nonimmigrant�s intended stay in the United States determines his or her proper nonimmigrant classification. Some classifications permit the nonimmigrant�s spouse and qualifying children to accompany the nonimmigrant to the United States or to join the nonimmigrant here. To qualify, a child must be unmarried and under the age of 21.
F-1 nonimmigrants, as defined in section 101(a)(15)(F) of the Act, are foreign students coming to the United States to pursue a full course of academic study in SEVP-approved schools. An F-2 nonimmigrant is a foreign national who is the spouse or qualifying child of an F-1 student.
M-1 nonimmigrants, as defined in section 101(a)(15)(M) of the Act, are foreign nationals pursuing a full course of study at an SEVP-approved vocational or other recognized nonacademic institution (other than in language training programs) in the United States. An M-2 nonimmigrant is a foreign national who is the spouse or qualifying child of an M-1 student.
SEVP is the DHS program that administers SEVIS. It ensures that government agencies have essential data related to nonimmigrant students and exchange visitors to preserve national security. SEVP provides approval and oversight to schools authorized to enroll F and M nonimmigrant students and gives guidance to both schools and students about the requirements for maintenance of their status.
ICE SEVP I-17 FAQs provide information for schools about SEVP certification, including background on SEVP and SEVIS, SEVP certification basics, an overview of the SEVP certification process, preparing the petition for SEVP certification, and preparing for a site visit.
Click here for more info for Schools (http://www.ice.gov/sevis/i17/)
More... (http://www.visalawyerblog.com/2011/05/f1_visas_sevp_faqs_on_form_i17.html)
F-1 nonimmigrants, as defined in section 101(a)(15)(F) of the Act, are foreign students coming to the United States to pursue a full course of academic study in SEVP-approved schools. An F-2 nonimmigrant is a foreign national who is the spouse or qualifying child of an F-1 student.
M-1 nonimmigrants, as defined in section 101(a)(15)(M) of the Act, are foreign nationals pursuing a full course of study at an SEVP-approved vocational or other recognized nonacademic institution (other than in language training programs) in the United States. An M-2 nonimmigrant is a foreign national who is the spouse or qualifying child of an M-1 student.
SEVP is the DHS program that administers SEVIS. It ensures that government agencies have essential data related to nonimmigrant students and exchange visitors to preserve national security. SEVP provides approval and oversight to schools authorized to enroll F and M nonimmigrant students and gives guidance to both schools and students about the requirements for maintenance of their status.
ICE SEVP I-17 FAQs provide information for schools about SEVP certification, including background on SEVP and SEVIS, SEVP certification basics, an overview of the SEVP certification process, preparing the petition for SEVP certification, and preparing for a site visit.
Click here for more info for Schools (http://www.ice.gov/sevis/i17/)
More... (http://www.visalawyerblog.com/2011/05/f1_visas_sevp_faqs_on_form_i17.html)
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gemini23
08-06 03:12 PM
What your company says is correct. there are stringent rules on posting. I dont see anything suspicious on your company's part here.
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sodh
07-24 06:47 PM
so far i've been the ones to pay everything...i know govt got stricter this year and now it HAS to be employer who pays....so i'm in bad place as I know how my employer is...
You can alway's pay cash.
You can alway's pay cash.
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chozo888
05-19 01:21 PM
All,
My PD is 11/2003 and my case was transfered to PA backlog center, I have not heard anything since then.
My employer wants to call the Senators and Congressmen to see if they can expedite this process.
Could you please provide some suggestions on:
1. What should the employer tell to the law makers?
2.How will the law makers help me?
3. Do you have any fax/email templates?
4. Any other suggestions?
Thank you all for your help.
My PD is 11/2003 and my case was transfered to PA backlog center, I have not heard anything since then.
My employer wants to call the Senators and Congressmen to see if they can expedite this process.
Could you please provide some suggestions on:
1. What should the employer tell to the law makers?
2.How will the law makers help me?
3. Do you have any fax/email templates?
4. Any other suggestions?
Thank you all for your help.
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number30
03-15 07:52 PM
hi all
I plan to probably file under the EB2 category soon- I know EB1 and EB2 can be filed separately, however can a EB2 regular and a EB2 with NIW application both be filed separately as well?
Need to know this asap, so would appreciate a reply, Thank You!
You can file as as many as I-140 and I-485 as possible at a time provided priority dates are current.
I plan to probably file under the EB2 category soon- I know EB1 and EB2 can be filed separately, however can a EB2 regular and a EB2 with NIW application both be filed separately as well?
Need to know this asap, so would appreciate a reply, Thank You!
You can file as as many as I-140 and I-485 as possible at a time provided priority dates are current.
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yabayaba
11-23 05:17 PM
could you update your profile?
machita
09-29 06:18 PM
oh yeah, very helpful answer indeed.
go_guy123
06-29 12:48 PM
As of June 19, 2009, approximately 44,500 H-1B (http://www.h1b.biz/lawyer-attorney-1137085) cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
Employers thinking of hiring visa workers have more flexibility this year to interview and choose the best candidates as visas will be open for at least 2 more months.
More... (http://www.visalawyerblog.com/2009/06/h1b_cap_update.html)
Looks like this year quota wont be used. The sheer strict enforcement of the rules has resulted in plunging applications.
Employers thinking of hiring visa workers have more flexibility this year to interview and choose the best candidates as visas will be open for at least 2 more months.
More... (http://www.visalawyerblog.com/2009/06/h1b_cap_update.html)
Looks like this year quota wont be used. The sheer strict enforcement of the rules has resulted in plunging applications.
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