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Leo07

06-08 08:12 PM

Hello There,

The division that I work for in my company is being acquired by a company B. Not the entire company that I work for, just the one division.(including set of products)

I have applied for my GC in Jun 07( ironically 06/08/2007), labor & i-140 are approved, waiting for dates to be current.

In this scenario:
a. Do I have to go through the entire GC process again with new company?
b. Do I have to refile 140 ( labor?) I know H1-b will have to be refiled and they are aware of it.
c. is there anything that must be added to the 'closure' document as part of the deal, that will help GC transfer smooth( deal is not closed yet, so such clauses can be included still)
d. Should I stay with my current employer?

Please all your suggestions are welcome.


Best Regards,
Leo07

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reachinus

09-26 03:26 PM

Yes. UR Lawyer is correct. U have to just pay one single fee for 485 filing and u can file yearly extensions for EAD and AP Free till ur 485 is approved.

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wandmaker

05-28 10:52 AM

Can I renew my EAD even after it s expired?

YES, as long as your I-485 is pending

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sagittarian

05-08 04:07 PM

Folks,

I will get my H1B this October. How long should I stick with the same company before transferring? I read somewhere that I should stick with them for atleast 3 months after Oct 1st. Is this true?

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sku

12-26 05:52 PM

^^^Bump^^^

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sachya

08-13 08:31 PM

I am posting this on behalf of my cousin who is stuck in India pending stamping. He went to Mumbai consulate for H1 B stamping on Apr 29th. He was asked for further evidence about his employer and his employer's payroll details for all employees etc. After much confusion created by the consulate, the details were provided by his employer and by him (sealed copies) as well. He has visited the consulate 3 times and VFS office couple of times and was told your passport will be returned in couple of days but till date he has not received it.
He also has his AOS application pending with USCIS with his wife as the primary applicant. He has a valid EAD card and AP (which needs renewal). It's been a really long time he had to spend away from his family. He has certain questions he would like to get clarified,

1. How long can it take for 221g pending case to clear? I have submitted my passport to consulate on 10th Jun.
2. Can I write consulate a hand written mail (not an email) asking for passport saying that I want to travel on travel doc as I'm away from my wife for 8,9 months.
3. Can I ask consulate to return my passport without H1 stamping for renewal of Travel Document (AP)?
4. Can I travel on my travel doc (AP) after asking my passport back without any problem at the port of entry?
5. After asking for my passport back will it affect the renewal of my travel document (AP)?

Thanks a lot!

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pcsim6770

12-16 09:51 AM

Hello,

I need to know if it is safe to travel to India on AP and EAD documents without having a valid H4 visa. My H4 visa had been renewed once and now after 3 years it has expired on Dec 12 2010. I need to go to India to see my father who is very ill. I want to know if re-entry into the US will be a problem on my AP and EAD. Also, will it effect the entry of my daughter (if she travels with me) who is 2.5 years old and is US citizen.

please help!!

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pappu

01-15 09:57 PM

bumping
Thanks Anurakt. I will try to join in.

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karan2004m

06-30 03:06 PM

what amount lawyer is asking?

Hi,
I am trying to renew my EAD/AP myself and wanted to check if I will be getting the EAD card and AP documents by mail to my address.

I am avoiding the lawyer, as he's charging unreasonable amount.

Question:
When self-filing, would I be getting the EAD/AP documents at my home address???

Thanks.

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bikram_das_in

06-03 09:57 AM

If china moves forward, it's good news for EB2 India which will get all the spillover visas.

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Ahimsa

11-11 02:09 PM

IV is working to make politicians understand our EB relief issues.

The house blocked our EB reliefs for the past years, though there were so many good hearted politicians in both parties. What happended was that people like Lou Dobbs managed to convince certain "powerful" politicians to do nothing about CIR in the house.

I hope newly elected politicians do not get carried away by Lou and do resolve every issue that comes up to the fore.

Add my 2 cents, post office increased the postage to 39 cents long time back. ;)

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updsoft

09-20 06:25 PM

Hello!

I am in USA since the year 2005 on H1B with company A. I have spent more than 5 years in H1B and during Jan-2010 i changed my status to L1A. Now i have spent nearly 9 months in L1A and a total of 5.9 years in US. Now i am likely to get a job in company B. My questions are :

1. Is it possible for me to change from L1A to H1B again?
2. If it is possible to change from L1A to H1B, Is my 9 months spent on L1A will be added to my H1B quota of 6 six years? (i.e i already spent 5 years in H1B and and 9 months in L1A).
3. If this 9 months is NOT added to my H1 then i am okay but if it is added, will that be a constraint for me to apply for green card in company B. please advise.

thanks

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needhelp!

10-12 11:01 AM

for TX members!

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sodh

07-27 12:21 AM

Folks, let us concentrate on sending the output of all the good analysis done by various members to this person who it appears has a job to identify and recommend systemic fixes. It would be far more useful than sharing woes amongst ourselves in these b-boards.
If he could fix everything we would'nt be in trouble.

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sunny1000

05-03 06:07 PM

All,
I am a little confused. I just got my H1B extension done recently and my attorney sent me a letter saying that if I go out of the country for stamping I need to make sure my Passport is valid beyond the H1B period.

My passport expires in May 2008 and my current H1 is valid till July 2010. Does anyone see any issues in going for stamping in India in July 2007 with my current passport and later on some time next year applying for a new Indian passport.

Appreciate your help

You can apply for your new passport a year in advance. It might take a week to 10 days to receive by mail. If you go to the Indian Embassy or Consulate, you can get it the same day. But, you should be ok with the current passport since you have almost a year left on it.:cool:

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idark

06-24 07:05 AM

Halfdog
It really doesnt fit in anywhere lol - But I can experiment a bit see what I can come up with. Can I resubmit my entry?

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immivjj

10-10 11:07 AM

I got my FP done a couple of weeks ago at the Dallas ASC on the scheduled date. Have noticed from other threads that people have gone to other ASC at an unscheduled date and were able to get it done. I think you can go as well and explain your situation if they object. If they are not too busy that day they might let you in; guess the hours are from 8AM to 3PM. You can try to be the first one in the morning. It doesn't take more than 15 minutes for the entire process. Good Luck!!

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manbeing

12-26 05:29 PM

the format of employment date should be "mm/dd/yyyy", or just 'mm/yyyy'?

my last day in my previous employer was a Friday 5/15/2009 and my attorney entered 5/17/2009 (Sunday) as my last day on the LCA coz my first day in my current employer was 5/18/2009.

I am asking my former co-workers to write experience letter for me. Should I let them write '5/15/2009', or '5/17/2009' or just '5/2009' on the letters?

Thanks!
Bookmark and Share

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gc28262

05-11 10:14 PM

This is standard message when USCIS receives an RFE response. I had the same message when USCIS received my I140 rfe response.

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Blog Feeds

03-08 07:40 AM

AILA Leadership Has Just Posted the Following:


https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjIo26kwaBtSUrjsikMP1WOoGheY_2QzqEPi5fnIUlgLBZhwMrzmcd80STY0FRAPmrGUH20tS2t7FAcrT17hSG0Nqj5PtPdI44k637WkJ_35wxIME6UFuVJnWhmJrUk-11yszAYOn1epg8/s320/2010-03-07+alg_cuomo1.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjIo26kwaBtSUrjsikMP1WOoGheY_2QzqEPi5fnIUlgLBZhwMrzmcd80STY0FRAPmrGUH20tS2t7FAcrT17hSG0Nqj5PtPdI44k637WkJ_35wxIME6UFuVJnWhmJrUk-11yszAYOn1epg8/s1600-h/2010-03-07+alg_cuomo1.jpg)


By Deborah Notkin, AILA Past President

Attorney General Andrew Cuomo has successfully carried out a crusade against the fraud and deception of "immigration consultants" who take advantage of unknowing and vulnerable immigrants. At a recent media conference, Cuomo indicated that his office is seeking civil remedies, at least initially against those involved in immigration assistance fraud because the first goal is to get restitution for victims. http://www.ag.ny.gov/media_center/2010/mar/mar1a_10.html

The latest victory in the fight against immigration fraud and victimization was announced by Cuomo's office on March 1, 2010. The Attorney Generals' Office has won a court judgment of more than $3 million against a "consultant" in Queens who has targeted and defrauded immigrants. In this case, the "consultant" routinely charged a retainer of $7,000 with fees often reaching up to $15,000 per person for the promise of permanent residence. The consultant wrongly claimed that she could get permanent resident status through alleged relationships with government officials. Of course, the services were never performed and the consultant routinely refused to give refunds or return documents.

As a result of Cuomo's lawsuit, the New York Supreme Court has ordered the consultant to pay full restitution to 37 families who came forward and demonstrated that they were defrauded by this consultant. An additional $2.7 million in penalties was imposed for engaging in the unauthorized practice of law and misrepresentation of services that could be performed. The consultant is also permanently restricted directly and indirectly from engaging in the business of immigration-related services.

Over the past several months, other consultants have been shut down and active investigations continue. The fight to end this blight on immigrant communities in New York City and State continues and serves as an example for all who are committed to fighting immigration fraud and the unauthorized practice of law.
https://blogger.googleusercontent.com/tracker/186823568153827945-5282899656706770162?l=ailaleadership.blogspot.com


More... (http://ailaleadership.blogspot.com/2010/03/new-york-attorney-general-cuomo-gets.html)

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needhelp!

09-23 05:59 PM

Here is one of the comments below that article that makes sense too (claims to be from a congressional staffer):

As a congressional staffer, I'd say you should just call. Even if you address the letter to the LA, it will likely be passed off to an intern or an LC (legislative correspondent). Writing to constituents is not fun, and most offices have people that do it all day long.


More than likely, an intern will pick up. DO NOT just start rambling about whatever issue you want to gripe about. This signals the person who answered that you are crazy, and should not be speaking to a staff member. They are very busy, and no one is going to pass a crazy person off to their boss. The intern will know to either say "We'll pass that on for you" (which he will not), or say "I've made a note and I'll deliver it to the congressman" (again, he will not). Interns don't know anything, nor do they have the power to do anything.


Instead, simply say your full name and ask whoever is on the phone to speak with the LA who handles the issue about which you are concerned. Be calm, be stern. If you speak to the LA, don't just start off with "I have some opinions I'd like you to know; here they are!" Instead, ask questions! Ask what the congressman's positions are on the issues. Ask why. Explain your own position. Finally, ask if there is any other information the staffer might need.


You might be passed off to voice mail. Do NOT give your opinions here. Simply say that you have some concerns about a certain issue, and that you would like a call back.


Most offices have daily callers and letter writers who leave incoherent notes and messages about anything from UFOs to mexican truck drivers. Your goal should be to separate yourself from this crowd.
Do this, and be rational, and you just might make a difference.

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Rockey

02-29 07:23 PM

Any one who have marked No for these questions even after applying for 140 and 485..:confused: Please post...

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SpookyH1Alien

10-26 12:28 PM

That clears it. Thanks for all your help!!

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gcformeornot

08-06 03:14 PM

its common belief that you need to work for 6 months.

There is no immediate problem if you don't but looks bad on citizenship time.
IO looks suspiciously at N-400 stage

Things you mentioned are not in you control so it would be OK. But if you leave on your own then may be a problem....

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indyanguy

07-17 09:16 PM

My lawyer sent out the LC Substitution/140/485/EAD on July 2nd and said that all these can be filed concurrently and he wanted to take advantage of the dates being current.

I read in several forums that it's necessary to have the LC substitution stage completed before filing for 140/485. Is this true?

Is it possible that there are more chances of LC substitution denial? If so, what are my options?

Thanks!

PS: This is a genuine LC substitution case!

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chanduv23

03-11 01:22 PM

Hi,

I am Us citizen and sent a request letter with my Mom to US Embassy in Armenia to kindly grant my Mom a tourist visa to visit me and my new born son. I also signed and sent dully filled and signed Affidavit of Support form with all the requested paper work. However, my Mom was denied the tourist visa on the grounds that I did not returned to Armenia in 2000 (8 years Ago) before my J1 Visa expiration.
But I got visa extension befor J1 visa expiration then applied for permanent resident and got my green card).
I did not violate any regulation.
What can I do ? Please Help.

I think a good Attorney can draft a letter to the consulate explaining the waiver.

Don't we all agree that these agencies actually need lawyers and not us?

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dehradoon

10-09 04:25 PM

Hi,
I recently received EAD and my I-140 approved an year ago . I am waiting for the 180 days count down to be over. but my question here is after 180 days if i want to use AC21 , do we really need to have the I-140 apporval copy or receipt number bcz it is still with my employer and they are not going to share with the me for sure. But it got approved and year ago for me.

Also is there any way i can get the receipt number of I140 by calling the USCIS ?

Please help!

Thanks

It is not required, only the application number for the 140 would do and the print out of the page from the uscis website saying "approval notice sent"

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rc123

11-04 09:17 AM

Hi All,

I sent h1b extension application to california center on june 22nd and my application is still not approved. My current visa was valid until July 30th. I need to travel to India on Dec 10th due to urgent reasons . Please suggest what should I do

1. Can I travel while my extension is pending?
2. Can I raise a service request to speed up the processing?
2. or Upgrading to PP is the only option?

I do have EAD and advance parole through my husband's GC application. If I use parole for travel what happens to my H1b visa and GC application filed through my employer. My visa will still be valid or not?

Please help...

Thanks in advance
Ritu

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Blog Feeds

06-05 01:40 AM

A former member of the Bosnian Serb Army has left the U.S. to return to Serbia after a federal judge ordered his denaturalization based on concealment during his application for U.S. citizenship that he served in the military during the Bosnian war.

What is Denaturalization ? Denaturalization is the reverse of naturalization, when a state deprives one of its citizens of his or her citizenship. From the point of view of the individual, denaturalization means "revocation" or "loss" of citizenship. Denaturalization can be based on various legal justifications. The most severe form is the "stripping of citizenship" when denaturalization takes place as a penalty for actions considered criminal by the state, often only indirectly related to nationality, for instance for having served in a foreign military. In countries that enforce single citizenship, voluntary naturalization in another country will lead to an automatic loss of the original citizenship; the language of the law often refers to such cases as "giving up one's citizenship" or (implicit) renunciation of citizenship.

In this case Jadranko Gostic, 47, a former resident of St. Petersburg, Fla., departed the United States on June 1, 2010. U.S. District Court Judge James Moody in Tampa, Fla., ordered his denaturalization on May 26, 2010.

Gostic was indicted in December 2006 on one count of unlawful procurement of citizenship and one count of making false statements. In January 2010, a civil complaint was filed against Gostic alleging illegal procurement of U.S. citizenship and requesting his denaturalization. Court documents allege that Gostic served in the Zvornik Infantry Brigade of the Bosnian Serb Army from April 1992 until December 1995. According to court documents, international tribunals have found that some units of the Zvornik Brigade engaged in war crimes and crimes against humanity, and that they participated in the July 1995 action against the Srebrenica enclave during which some 8,000 Muslim men and boys were executed.

Read more... (http://www.justice.gov/opa/pr/2010/June/10-crm-652.html)




More... (http://www.visalawyerblog.com/2010/06/fl_man_who_served_in_military.html)

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kpchal2

08-27 10:53 AM

I just got off the phone with a second level rep at USCIS and am getting really confused with their mixed messaged. before i push any panic buttons can some one please let me know if they had any conversations with the idiotic bunch at uscis and share your conversations with regards to the visa availability for next month. this idiot states that vsc just oversubscribed and that it could be that there wont be any movement on the cases. all this over enthusiasm for nothing - that would really infuriate me. there is a limit to the fuss they can cause and play with emotions.

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skdskd

08-26 11:56 AM

Hi

We have applied for I -485 last month.I am the primary applicant and my spouse is add on.Bothe of us are on H1B and it is valid till end of 2008.
I have applied for EAD and advance parole for my spouse only.We have not yet received the receipt numbers .I was wondering if we want to travel outside the country do we need to wait untill we get any of the above or if we have a valid H1B can we travel outside the country.

Thank you very much for your help.

I have same Question ??

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andy garcia

07-20 04:03 PM

hi:

PD 2001..got labor certfied online on June28 2007

I have been waiting for the hard copy..so my Hr called Dol and asked whether they have mailed. The Dol officer sent the Cover letter by email (first page of whole approved package) to company HR showing the certification . She also told HR that cover letter was enough for I140 filing.

Is it true? Please let me know.

DB

It is not true.

This is printed in the I-140 instructions(page 3):

General Evidence.
Labor certification. Petitions for certain classifications must be filed with a certification from the U.S. Department of Labor.

Copies.

If these instructions state that a copy of a document may be filed with this petition and you choose to send us the original, we may keep that original for our records. Copies may be submitted of all documentation with the exception of the Labor Certification which must be submitted in the original.

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CRAZYMONK

09-23 04:02 PM

Hi,
I have an approved H1B for teaching Maths, but I got an offer for teaching ESL (I am certified in both the subject). Am I allowed to teach ESL also? Is the visa subject specific?
Thanks!

What title they used in your labor certification? Did they explicitly mentioned as MATHS in LCA?

Unless and until you are working in the same professional, as the one filed in your LCA, you should be good. Suppose if they filed for a teacher and you are working as a programmer, then it becomes the technical violation of your LCA.

Though you want to teach ESL, as you are still teaching some thing, it should be good.

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puddonhead

02-28 02:25 PM

It is irrelevant whether you are in L1b/H1/F1/"Visitor Visa" or even outside the US.

If you have worked for the sponsoring employer outside the USA for 1 year within the last 3 years in an executive capacity - you can apply in EB1.

If you are not sure if your job qualified for "executive capacity" - then it probably didn't. But maybe you should still speak with your lawyer and double check.

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txh1b

08-19 02:07 PM

Fedex is fine. Proof that USCIS got the application is enough to use H1b portability provided you were in valid status and were getting paid.

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10-22 12:26 PM

Kuyt,

As a general rule, the person or entity petitioning for (sponsoring) a person (beneficiary) for lawful US immigration status must be a legal resident, asylee, refugee or citizen of the US up to and including the point in time that the beneficiary is granted lawful status. There are possible exceptions to this rule. To provide advice regarding your situation more information is necessary:

What is the sponsor's current US immigration status? What is the nature of the potential criminal conviction? Is the person being sponsored the principal beneficiary of an immigrant petition or is s/he a derivative beneficiary because the "sponsor" is actually the principal beneficiary? Is the immigrant petition employment based? Family based?

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bobzibub

09-28 03:27 PM

Andrew Sullivan, uber-blogger and one of the country's most influential political pundits warns...

More... (http://blogs.ilw.com/gregsiskind/2009/09/andrew-sullivan-immigration-system-at-a-breaking-point.html)

Unfortunately, the intellectual wing of the Republicans is in hibernation for the foreseeable future. They are basically in hiding from the Glen Beck wing-nuts, so I doubt if Sullivan is very influential right now. He ought to be for conservatives because he is quite insightful but Beck provides plenty of pablum for the lazy.

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howzatt

08-08 11:56 AM

comeon..So now why we are going to try to make some deductions based on self-filing and lawyer-based applications?

Please stop this. Please do your best to reduce clutter on the site.

Also, shameless bump

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Blog Feeds

09-07 07:00 PM

What a shameful story. DOJ announcement on the indictment of six individuals (http://www.nytimes.com/2010/09/04/us/04trafficking.html) for engaging in a conspiracy to commit forced labor and document servitude. The charges arise from the defendants� alleged scheme to coerce the labor and services of approximately 400 Thai nationals to work on U.S. farms.

The Justice Department announced that a federal grand jury in Honolulu
indicted Mordechai Orian, an Israeli national; Pranee Tubchumpol, Shane Germann and Sam
Wongsesanit of Global Horizons Manpower Inc., located in Los Angeles; and Thai labor
recruiters Ratawan Chunharutai and Podjanee Sinchai for engaging in a conspiracy to commit
forced labor and document servitude. The charges arise from the defendants� alleged scheme tocoerce the labor and services of approximately 400 Thai nationals brought by the defendants to the United States from Thailand from May 2004 through September 2005 to work on farms
across the country under the U.S. federal agricultural guest worker program. Orian, Tubchumpol and Chunharutai are also charged with three substantive counts of compelling the
labor of three Thai guest workers.

If convicted, Orian and Tubchumpol each face maximum sentences of 7 0 years in prison,
Chunharutai faces a maximum sentence of 65 years in prison, Germann and Wongsesanit each face a maximum sentence of 10 years in prison, and Sinchai, who was recently charged in Thailand with multiple counts of recruitment fraud, faces a maximum sentence of five years in prison if convicted in the United States.

Instead of achieving the American dream, the workers arrived into an American nightmare. This company forced them to live groups of men in labor camps, charging each of them thousands of dollars and forbidding them from living off company grounds. Instead of permanent residency and green cards, the workers received temporary, ten-month H-2B guest worker visas, which allow no path to more permanent status. And since H-2B visas bind workers to a single employer, company answered workers� complaints with threats of deportation. Such acts are in contrary to the spirit of the H2B visa (http://www.h1b.biz/lawyer-attorney-1137785.html) and we call for harsh punishment for these individuals.




More... (http://www.visalawyerblog.com/2010/09/h2b_visa_attorney_972010_six_p.html)

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08-16 01:36 PM

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uma001

04-15 09:15 AM

Thank you uma001 for your response. My H1-B is valid until Nov 2010. As per your advice, I need get things started. Its so frustrating - job, employer, gc, being away from kids.

Since your spouse is working, You can look for consulting position in east coast ,get the project and file for H1 ,file for green card simultaneosuly assuming your 5th year completes by November 2010 (not 6th year, you mentioned H1 valid until November 2010). You still have 6 full months time.

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neelu

01-12 07:34 PM

Hello all,

I need a clarification about the I-94 thing.

As I have mentioned previously, my husband got a 3 year extension on his H-1 ( I 140 approval ) till 08/2009 and he went to canada for stamping since we are planning to leave for India. He drove to canada and the officers at the border while entering into canada did not take his old I 94( expired 08/2006) which was on his older passport ( expired 04/2006). While on his way back to US, they stapled the lower part of his I-797 dated till 08/2009 to his new passport (current one) and stamped on the passport. But they did not put any date on the stamp where it shows'dated till'.

We are leaving for India tomorrow and have a couple of questions in this regard:
1. Is it okay to have two I 94's in the two different passpots? Has it happened to anyone who drove to canada that their older I 94 has not been taken?

2. While departing to India, which I-94 will be taken? the expired one on the older passport or the new one in the new passport. If the new one has to be taken, as it is a part of the original I-797 form, should it be surrendered to them?

We really appreciate your answers. Since we are travelling tomorrow, we are really concerned about this issue.

Thank you very much in advance.

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Blog Feeds

07-27 06:00 PM

Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:
A quick review of the list of largest H-1B (http://www.geelaw.com/lawyer-attorney-1054805.html)users for FY 2009 shows high tech and Silicon Valley topping the list. The top users of the H-1B program for 2009 included multi-national technology companies headquartered, and with branch offices in Silicon Valley. Wipro tops the list with 1,964 new H-1B visas. Microsoft is second with 1318, but then Intel Corp has a big drop off at 723 H-1B's The list of Silicon Valley companies continues, including Infosys Technologies (440), Qualcomm (320), Cisco (308), Oracle (272), Google (211), Yahoo (183), Apple (168), Nvidia (130), and Hewlett Packard (115). While there is no way to know whether these companies sponsored employees located in Silicon Valley, as opposed to another office location, it is clear that high-tech and Silicon Valley are standouts on the list of H-1B employers.

Those who assume the H-1B is a tool used primarily by IT companies may be surprised to see the number of prestigious universities and medical facilities also nearing the top of the list. H-1B visas are work visas for professional workers who typically require at least a Bachelor's degree for entry into their profession. This includes teachers, professors, doctors, and scientists in addition to engineers.

The first two pages of the list are below:

H-1B Users Fy2009 (http://www.scribd.com/doc/31016678/H-1B-Users-Fy2009)

http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=yIl2AUoC8z A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=oVC6CVN9PI o:YHnjBgrNY1w:yIl2AUoC8zA) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=qj6IDK7rIT s (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=oVC6CVN9PI o:YHnjBgrNY1w:qj6IDK7rITs) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?i=oVC6CVN9PI o:YHnjBgrNY1w:V_sGLiPBpWU (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=oVC6CVN9PI o:YHnjBgrNY1w:V_sGLiPBpWU) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=7Q72WNTAKB A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=oVC6CVN9PI o:YHnjBgrNY1w:7Q72WNTAKBA)
http://feeds.feedburner.com/~r/SiliconValleyImmigrationLawyerBlogCom/~4/oVC6CVN9PIo



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desi3933

07-19 04:34 PM

Hi,

I too have the same question. Isnt EAD a non-immigrant status unlike H1B? So, how can one apply for GC on a non-immigrant status? I might be wrong though.

>> Isn't EAD a non-immigrant status unlike H1B?
EAD is not a status. EAD is just Employment Authorization Document. I-485 pending (AoS Pending) is the status.

>> So, how can one apply for GC on a non-immigrant status?
GC can, also, be applied for someone who is not even in US. Kind of status in US has nothing to do with GC process, as long as one is in valid (authorized) status.

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ilikekilo

05-27 05:54 PM

anyone please response if you are stuck at BEC. i dont know anyone whose app is stuck in BEC

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Administrator2

11-09 10:16 AM

That is may not correct. Stuart Anderson was never a lobbist. But he did play a key role in AC21 law. Back then Stuart was Legislative Director for Sen. Abraham (R-MI). Stuart worked with key staffers across the aisle to recapture and pass other favorable provisions in AC21. In that sense, Stuart always had a front row seat to witness things unfold in front of him. This is what makes his book so unique.

According to the website, Stuart is Adjunct Scholar at CATO institute and he is executive director of another policy institute called NFAP.

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arnet

10-31 07:26 PM

The application procedures vary based on the consulate you are planning to visit for visa stamping.

so which consulate you are planning to visit to get visa stamping? no need for emergency appointment if you are planning to get it done in india.

in india, from October 2006 things are changed, you can get appointment easily, even now there are dates available in december (also in november). if you book now, you can get appointment in december.

check VFS sites. if you have any questions about the eliglibity, contact VFS numbers or send email from the following page:

https://www.vfs-usa.co.in/ApplnForms/RulesAndFees/CustomerFeedback.aspx

also you can check appointment dates at one of the indian consulates at the following page and at the bottom of the page, click the link 'Click here for an estimate of current availability of visa interview appointments':

https://www.vfs-usa.co.in/Home.aspx


To book appointment in VFS site, you need HDFC receipts from HDFC bank branch for each of the applicants, so for procedure, check fees and forms link in this VFS site.

At the beginning, the principal applicant can create one application with his/her hdfc receipt number with other reqd details and later can add their dependents at later stage of application. You can fill other DS-156/157 forms here.

good luck!!!!

Disclaimer:
I'm not an immigration attroney, so consult one for your situations as laws/procedures keep changing.

Hello All - I understand from the website that the people already working in the US qualify for an emergency appointment if they are returning back to work in the US. Does anyone if this rule is also applicable it is the first time you are getting a H1-B visa stamp? I got a COS and am planning to get a stamp in December. I know that more dates are available now .. but was wondering if the need arises will I eligible for emergency appointment?

Thanks!
Neo

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clockwork

09-21 05:47 PM

I did get an LUD on my approved I-140 which i am not using for Adjustment of status. I have applied I-140 and I-485 concurrently through a different employer. I am really surprised what caused to trigger LUD on that I-140. I am not asking for priority date port either. Interesting.....

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amitjoey

01-14 11:08 AM

If they do approve your I485, you still have 180 days to file your dependants. It is called "Follow to join". Do a google search on "Follow to join greencard for spouse".

Please consult your lawyer

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deeru

04-02 01:11 PM

thank you

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yestogc

06-08 06:35 PM

First thing is never give USCIS more than they have asked for.

Send them a letter stating that your previous attorney made a mistake and you have never applied GC before.
secondly since incomplete medicals are bound to have another RFE, there is no harm in sending them revised medicals and yes they have to be sealed from USCIS approved doctors.

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miguy

08-27 11:29 AM

Friends,
Does anyone know if people who've filed for I-485 can claim unemployment insurance?......The client where I was working cancelled my project due to budget cuts :(....I was wondering if I can claim unemployment till I find a new job. Does any one know any non-desi companies hiring in the Michigan, Ohio, Illinois or Midwest in general?.....I am PMI certified Project Manager with J2EE background. Any prompt help would be highly appreciated.

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HalfDog

03-26 12:52 PM

Not sure, I have alot of pencils with different materials and shades and I normally just pick some at random when I draw. lol, but it probally was. I also got some ruler looking thing which I just recently figured out was for shading. :)


Pencils and graphite are synonymous. 2B 2H 6B blah blah

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deecha

08-18 02:23 PM

Hi
I was not so so keen until this matter was resolved..BUT my GC got approved.
I am separated from spouse. But when I filed 485, I was "married" because our relationship was still unstable.
Now QUITE FRANKLY I am NOT sure what's going to happen ahead.Dont ask me why. This whole uncertainty depressed me . If I re-unite and my wife is in India and I am on GC HOW do I call her here ?
If I divorce and re-marry how do I get my new wife here.
In any case , I dont plan on getting more than 1 person so pl dont look at it from a gamers view.
Thanks for ur help
RR

It's not my intention to encourage marital discord. Having said that there are a couple options for you:

(a) If you re-unite and reconcile with your wife, you can file a follow-to-join petition, since you were married before you got your GC. She will get her GC fairly fast and be able to enter as an immigrant.

(b) If you get divorced and get re-married, you're out of luck. You would have to file a Family based I-140 petition (F2A, I think) and it takes about 5-6 years to get something like that approved. In the meantime if you want her to come to the USA, she will have to come on a dual-intent visa such as H1B. The consulate will not give her an ordinary visa. Of course, you can claim citizenship and "upgrade" your petition.

I am not a lawyer and this not legal advice. Please consult an attorney for your specific case.

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priyasagiraju

04-07 03:20 PM

Iam on L2 and working on my EAD which is expiring on april 29 th 2011.

I have applied for H1 in the 2010 quota but due to my employers mistake i got a rejection on that.
we are trying to reappeal to USCIS but iam not sure if its going to work.

Suppose i have a project and apply again for 2011 quota , can i still continue working even if my EAD expires.
They say that we actually move to H1 on October , so if i apply before end of April through premium processing and get an approval notice before October can i continue working or start work right away or do i have to wait till October.
Is there a possibility to start working immediately as soon as my H1 gets approved or do we have to wait until October in any case.

Thanks in advance

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fatjoe

09-06 01:43 PM

I'm in the same boat at NSC. My EAD/AP(Aug 10) got cleared, but I do not know what happened to I485(July 18) appln. I called uscis, they asked me to wait for 90 days. Pls let me know if you nay updates.

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Waitingnvain

10-23 05:15 PM

Hi Folks:

Is there a time limit for one to travel on Advance Parole. I was told that if a person travels abroad and intends to enter using AP, the maximum time allowed is 6 weeks, is this true?

Thanks

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Blog Feeds

07-15 03:01 PM

A frequent question that arises is whether a foreign national living in the United States for a certain number of years can obtain permanent residency based on the years of living in the United States. There is no law or regulation currently in place allowing foreign nationals to automatically obtain permanent residency based on the number of years residing in the United States. There are however, many ways foreign nationals can immigrate and obtain permanent resident status. Two ways to obtain permanent resident status are based on employment and family sponsorship.

One of the ways foreign nationals can obtain permanent residency is based on employment. The U.S. employer will sponsor the employee to qualify under a certain visa category. Specifically, the foreign national may qualify under one or more of the employment-based “EB” visa preference categories that are divided into four separate categories.

The four EB visa preference categories are:

EB-1: Extraordinary Ability, Professors, Researches, or Executives, filed on form I-140
EB-2: Exceptional Ability in the Sciences, Arts or Business, filed on form I-140
EB-3: Skilled Worker, Professional, Or Unskilled Worker, filed on form I-140
EB-4: Immigrant Religious Worker, filed on form I-360


Another process to obtain lawful permanent residence in the U.S. is through family sponsorship. That is, either a U.S. citizen or permanent resident family member or as a fiancé to a U.S. citizen and subsequent marriage. The process begins by either the U.S. citizen or lawful permanent resident relative filing form I-130 Petition for Alien Relative or form I-129F Petition for Alien Fiance with U.S. Citizenship and Immigration Service (USCIS). Just as in employment-based sponsorship, there are visa preference categories in family-based sponsorship. Family-based “FB” preference categories are divided into four categories.

FB-1: Unmarried sons and daughters of U.S. Citizens
FB-2A: Spouses and children of lawful permanent residents of the U.S.
FB-2B: unmarried sons and daughters of permanent residents of the U.S.
FB-3: Married sons and daughters of U.S. Citizens.
FB-4: Brothers and sisters of U.S. Citizens who are at least 21 years old.

The above preference categories are subject to a numerical limitation. More information on these visa categories is available at the U.S. Department of State’s visa bulletin at: www.travel.state.gov (http://www.travel.state.gov)



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GCwaitforever

03-22 09:29 PM

Wow! This reminds me of Hydra. No offense meant, but these seemingly independent organizations work collectively on many fronts, connected by same STEM.

Everyone should read this article. A real eye opener.

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harinim

11-25 03:22 PM

Hi All,

I applied for Labor in EB2 category in Oct 2007. It was pending for 2 yrs and 2 days back my employer mentioned that they see my Labor status as denied and that they have not received any denial letter yet.

My H1 will expire in early Jan 2011, so I practically have around 365 days from now to apply for a new Labor. My questions are

1. Should I re-appeal?
2. Do Labors get approved in re-appeal?
3. Can I start a new Labor application with the same employer simultaneously?
4. What�s a safe category to apply at this point in time. EB2 or EB3?


Thanks

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04-19 02:12 AM

..Since when does bacon have a gender?? o_o;;;

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12-01 09:06 PM

You can actually do it more elegantly by fiddling with the HTML DOM: http://michaelsync.net/2008/07/25/silverlight-and-flash-interoperability-using-html-bridge-and-externalinterface-api-by-jonas-folles%C3%B8

:)

Thanks that's perfect!

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omahaguy

01-16 11:13 AM

Thank you all for your replies.

My mother-in-law also has plans to apply visitor visa. She is also a widower.

Is it risk if both my mother-in-law and grand mother (widower) go togethor for visa interview?

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