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!!
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....
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!
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!
more...
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?
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?
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"
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"
more...
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
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)
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)
more...
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 ??
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 ??
more...
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.
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.
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.
more...
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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.
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.
more...
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Ann Ruben
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?
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.
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.
more...
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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?
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Please stop this. Please do your best to reduce clutter on the site.
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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)
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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paskal
08-16 01:36 PM
/\/\/\/\
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.
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.
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.
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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