Munna Bhai
02-19 09:11 AM
Hello,
The cancellation of H1b takes 4-5 months and untill then nothing much to worry. You can join new company as soon as you file for H1b transfer.
Hope this helps.
The cancellation of H1b takes 4-5 months and untill then nothing much to worry. You can join new company as soon as you file for H1b transfer.
Hope this helps.
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rosy
10-18 12:17 PM
Hi,
I am on H1B since June 2004. My company filed labor and I-140. My I-140 got approved on Oct 2008. I am on my 6th year in H1B and I got my H1 extension till Apr 2012 (based on the I-140 approval) recently. Based on this information, can you please reply for the following?
a) Can I move to a different company now? Since my H1 extension is based on I-140 approval, I am not sure if this can be used to transfer to new company.
b) When I do a H1 transfer now, Will I get my H1 date till Apr 2012 as per my current H1 approval notice or just for the few more months I had on my original H1B?
c) What will happen to my labor and I-140 after my H1 transfer? My labor was originally applied in EB3 category. Can I file a new one in EB2 category after transferring to the new company?
Thanks in advance...
I am on H1B since June 2004. My company filed labor and I-140. My I-140 got approved on Oct 2008. I am on my 6th year in H1B and I got my H1 extension till Apr 2012 (based on the I-140 approval) recently. Based on this information, can you please reply for the following?
a) Can I move to a different company now? Since my H1 extension is based on I-140 approval, I am not sure if this can be used to transfer to new company.
b) When I do a H1 transfer now, Will I get my H1 date till Apr 2012 as per my current H1 approval notice or just for the few more months I had on my original H1B?
c) What will happen to my labor and I-140 after my H1 transfer? My labor was originally applied in EB3 category. Can I file a new one in EB2 category after transferring to the new company?
Thanks in advance...
ursosweet
07-17 08:06 PM
Hi everybody
My lawyer had filed my 485 eb2 on july 2 (under july bulletin).
Now that the bulletin has been re-instated, i am getting nervous thinking if my lawyer filed the application complete or in a hurry she missed something. Obviously, i do not think it'll be right to ask her if she filed it properly.
Under what circumstances can the application be rejected right away even before they have issued the WAC#??
and my 140 is pending....what happens if my lawyer forgot to attach the 140 reciept? Can they still send it back??
thanks
pk
My lawyer had filed my 485 eb2 on july 2 (under july bulletin).
Now that the bulletin has been re-instated, i am getting nervous thinking if my lawyer filed the application complete or in a hurry she missed something. Obviously, i do not think it'll be right to ask her if she filed it properly.
Under what circumstances can the application be rejected right away even before they have issued the WAC#??
and my 140 is pending....what happens if my lawyer forgot to attach the 140 reciept? Can they still send it back??
thanks
pk
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ak_2006
08-11 01:10 PM
My friend will come from India on H1B first time to Atlanta Air port this weekend. His H1B was approved for year 2008 and his stamping was done in early 2009. His H1B is from small desi consulting company. What kind of questions he may face? Any inputs will highly appreciated.
more...
rameshraju11
06-08 11:00 AM
Yes , we received an RFE letter seems after RFE expiration date. but USCIS online case status still shows case was received and pending. it did not talk about RFE letter was sent
vasudev19
04-09 06:34 PM
Thanks for the reply..I have one question ,can I sponsor my in-laws visa in such situation ?
more...
vkannan
08-07 04:05 PM
Hi
I have similar situation with my EAD renewal too, my employer filed my EAD renewal, my I-485 case is pending in TSC (txed from NSC) but my renewal was sent to NSC, when enquired, following is the response I received back from my companies Immigration group,
"Renewal applications are filed based on the location of your residence, as per CIS requirements"
I am based out of MN, hence NSC.
Hope this helps.
I have similar situation with my EAD renewal too, my employer filed my EAD renewal, my I-485 case is pending in TSC (txed from NSC) but my renewal was sent to NSC, when enquired, following is the response I received back from my companies Immigration group,
"Renewal applications are filed based on the location of your residence, as per CIS requirements"
I am based out of MN, hence NSC.
Hope this helps.
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sprash
06-02 05:41 PM
bump
more...
jthomas
03-30 02:38 PM
My I-485/I-140 were filed on Jul 2, 2008 (I-140 approved in 9/2007). I possess an EAD valid till Sep 2010 and AP valid till Aug 2009. I lost my job (H1B) in late January. I have a family emergency compelling me to travel to India for a week (starting Saturday next week 04/04/2009). Will there be any problem in terms of using my AP to re-enter the U.S? An early reply would be appreciated. Thank You very much in advance.
P.S: I do not have a job yet.
If you list your skillset maybe someone would be able to help you as soon as you return. By the way, most of the members knows a tons of rectruiters and websites.Maybe in the worst case you can tell that you are going to be interviewed by some firms
JThomas
P.S: I do not have a job yet.
If you list your skillset maybe someone would be able to help you as soon as you return. By the way, most of the members knows a tons of rectruiters and websites.Maybe in the worst case you can tell that you are going to be interviewed by some firms
JThomas
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Blog Feeds
07-28 12:50 PM
USCIS has recently published a new fact sheet of common questions and answers for members of the U.S. Armed Forces and their families. (http://www.californiaimmigrationlawyerblog.com/Immigration%20Information%20for%20Members%20of%20t he%20U.S.%20Armed%20Forces%20and%20their%20Familie s.pdf) The fact sheet contains the most frequently asked questions that USCIS receives.
The fact sheet is worth reading if you are in the Armed Forces because the answers to some of the questions are different (and usually more advantageous) to members and/or dependents of those in the Armed Forces. For instance, if you are a civilian, obtained your green card through a marriage to a U.S. Citizen and you have been married for less than two years, you must file Form I-751, Petition to Remove Conditions on Residence (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f858d59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD) to remove the conditional residence and obtain your permanent green card. You must file this form even if you intend on applying for citizenship a year later. (Persons who are married to U.S. citizens may apply for citizenship in three years.)
Members of the armed forces do not have to file Form I-751, Petition to Remove Conditions on Residence to remove conditional residence obtained through a marriage to a U.S. Citizen, if the foreign born spouse was inducted or enlisted in the military and is applying for naturalization based on qualifying military service. Thus, military personnel are permitted to "skip a step" and do not need to file form I-751.
Additional questions and answers and helpful email addresses to USCIS liaisons are included on the fact sheet.
http://www.californiaimmigrationlawyerblog.com/father%20and%20son.jpg
More... (http://www.californiaimmigrationlawyerblog.com/2009/07/immigration_information_for_me_1.html)
The fact sheet is worth reading if you are in the Armed Forces because the answers to some of the questions are different (and usually more advantageous) to members and/or dependents of those in the Armed Forces. For instance, if you are a civilian, obtained your green card through a marriage to a U.S. Citizen and you have been married for less than two years, you must file Form I-751, Petition to Remove Conditions on Residence (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f858d59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD) to remove the conditional residence and obtain your permanent green card. You must file this form even if you intend on applying for citizenship a year later. (Persons who are married to U.S. citizens may apply for citizenship in three years.)
Members of the armed forces do not have to file Form I-751, Petition to Remove Conditions on Residence to remove conditional residence obtained through a marriage to a U.S. Citizen, if the foreign born spouse was inducted or enlisted in the military and is applying for naturalization based on qualifying military service. Thus, military personnel are permitted to "skip a step" and do not need to file form I-751.
Additional questions and answers and helpful email addresses to USCIS liaisons are included on the fact sheet.
http://www.californiaimmigrationlawyerblog.com/father%20and%20son.jpg
More... (http://www.californiaimmigrationlawyerblog.com/2009/07/immigration_information_for_me_1.html)
more...
Election2008
01-09 05:48 PM
I am a freelancer and I plan to write an article for a California based Asian Newsletter about the political views of the Immigrant community.
Most EB Immigrants (now citizens) have forgotten what's it like to be an "Immigrant in a limbo". Let's remind them!! Your thoughts might inspire someone to reconsider their decisions.
I was in your shoes in the mid 90's. and I am aware that most of you are in the midst of a messy immigration process.
But, if you had an opportunity, who would you choose and why?
Most EB Immigrants (now citizens) have forgotten what's it like to be an "Immigrant in a limbo". Let's remind them!! Your thoughts might inspire someone to reconsider their decisions.
I was in your shoes in the mid 90's. and I am aware that most of you are in the midst of a messy immigration process.
But, if you had an opportunity, who would you choose and why?
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newbie2020
06-23 11:53 AM
I agree , We have a lot of Professionals among us and such activities will certainly help.
Some of our members are very experienced in for ex: EAD questions, AC21 questions etc. We can build a skill DB and advertise these services at a much lower rates, Only hitch would be since we are not really Lawyers we may not be too accurate
Any thoughts
Some of our members are very experienced in for ex: EAD questions, AC21 questions etc. We can build a skill DB and advertise these services at a much lower rates, Only hitch would be since we are not really Lawyers we may not be too accurate
Any thoughts
more...
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Charlotte
05-21 04:57 PM
I tried applying for License Renewal inn NC when my H1 was pending with USCIS, they strictly told me that they will not issue the license until we get the approval notice from USCIS. if you have any luck please let me know?
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parablergh
08-27 02:43 PM
[QUOTE=bin2000;764909]Dear all,
My employer filed H1B with extension of stay even though I was not physically present in USA on the day of filing.I was out of USA on June 15th due to personal reasons and they filed H1B on July 10th.
I had requested them not to file extension of stay since I was already out of USA.USCIS approved the petition with extension of stay(I-94 attached).I need to go for visa stamping now .Will this create any issues while stamping?
Hello,
If you are currently abroad, you should not run into any problems as you do not currently have status. You should be able to reenter the U.S. using the I-797 approval notice and your H-1B visa stamp (if still valid). If not, you will require a new visa stamp. Either way, you *should* not run into any problems.
If you are currently in the U.S., please note that the extension technically does not apply - i.e. your expiration date remains what it was previously. If your status has already expired, I would strongly suggest consulting someone more intimately familiar with the specifics of your case. The most likely scenario will involve you immediately departing the U.S. to reenter with the most recent approval notice and thus utilize the additional time requested.
My employer filed H1B with extension of stay even though I was not physically present in USA on the day of filing.I was out of USA on June 15th due to personal reasons and they filed H1B on July 10th.
I had requested them not to file extension of stay since I was already out of USA.USCIS approved the petition with extension of stay(I-94 attached).I need to go for visa stamping now .Will this create any issues while stamping?
Hello,
If you are currently abroad, you should not run into any problems as you do not currently have status. You should be able to reenter the U.S. using the I-797 approval notice and your H-1B visa stamp (if still valid). If not, you will require a new visa stamp. Either way, you *should* not run into any problems.
If you are currently in the U.S., please note that the extension technically does not apply - i.e. your expiration date remains what it was previously. If your status has already expired, I would strongly suggest consulting someone more intimately familiar with the specifics of your case. The most likely scenario will involve you immediately departing the U.S. to reenter with the most recent approval notice and thus utilize the additional time requested.
more...
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onemorecame
03-18 10:36 AM
Today i saw Soft LUD on my approved I-140. Is anybody else got same thing?
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485_spouse
06-07 10:22 AM
Hi All,
Yesterday we e-filed for my wife's 3rd EAD and 4th AP. This will be our first efile.
As we need to send supporting documents for both applications.
Should we send them in one package or two?
Printed address for both application is same!
Is it because I-131 is being considered as child request of I-765?
Thanks in advance.
485_spouse
Yesterday we e-filed for my wife's 3rd EAD and 4th AP. This will be our first efile.
As we need to send supporting documents for both applications.
Should we send them in one package or two?
Printed address for both application is same!
Is it because I-131 is being considered as child request of I-765?
Thanks in advance.
485_spouse
more...
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die_exquisita
06-03 06:23 AM
Hello,
I will be getting married to a H1 holder in India and because of the time involved in obtaining a marriage certificate, am planning to leave shortly after the wedding with my existing B2/tourist visa. What are my options of applying for a H4 once I do that - would I have to come back to India to apply for that, or can it be done from Canada/Mexico - are there any risks pertaining to intent of travel associated with such an action. Thanking you in advance for valuable help in this matter!
I will be getting married to a H1 holder in India and because of the time involved in obtaining a marriage certificate, am planning to leave shortly after the wedding with my existing B2/tourist visa. What are my options of applying for a H4 once I do that - would I have to come back to India to apply for that, or can it be done from Canada/Mexico - are there any risks pertaining to intent of travel associated with such an action. Thanking you in advance for valuable help in this matter!
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McLuvin
04-16 03:38 PM
IV, you guys are doing it.....
I know for sure that Shusterman is one of the reputed Lawyer's... Its good to see people like him spending some time in this forum.
Also, if this is Mr.Shusterman himself participating in this forum or a member of his team participating. Can you throw some light into EB Immigration in the current CIR. What is that the EB folks can expect?
BR,
K
I know for sure that Shusterman is one of the reputed Lawyer's... Its good to see people like him spending some time in this forum.
Also, if this is Mr.Shusterman himself participating in this forum or a member of his team participating. Can you throw some light into EB Immigration in the current CIR. What is that the EB folks can expect?
BR,
K
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xgr3
05-21 11:06 PM
My I-485 status is updated with the below message. LUD 05/21/2009. Surprisingly they mailed the document on 09 March 2009 and status update is on 05/21/2009
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
***On March 9, 2009*** we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Previous LUD 03/31/2009 after completing FP in March 2009 with this message.
Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
Any clue, whats going on ?
Thanks
---------------------------------
Category : EB3
Labor PD: Jul 2006
I-140: approved
I-485/EAD: applied on July 2007
Finger Print - Completed two biometrics on March 2009
Medical is pending
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
***On March 9, 2009*** we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Previous LUD 03/31/2009 after completing FP in March 2009 with this message.
Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
Any clue, whats going on ?
Thanks
---------------------------------
Category : EB3
Labor PD: Jul 2006
I-140: approved
I-485/EAD: applied on July 2007
Finger Print - Completed two biometrics on March 2009
Medical is pending
wandmaker
08-15 10:43 AM
I have a question regarding employment and I-485 approval. For travel, one can take the I-797 approval notice and get their passport stamped if the physical green card has not arrived yet.
How about employment? Can the approved I-797 for green card be used for filling in I-9 for employment? One can think of various situations where this might be useful. Say you have renewed your EAD/H1B that is expiring, do you file the new I-9 with new EAD/H1B or show the I-797.
I have been asked filled out a new I-9 form; I mailed it to my employer along with the copy of approval notice and plastic card.
How about employment? Can the approved I-797 for green card be used for filling in I-9 for employment? One can think of various situations where this might be useful. Say you have renewed your EAD/H1B that is expiring, do you file the new I-9 with new EAD/H1B or show the I-797.
I have been asked filled out a new I-9 form; I mailed it to my employer along with the copy of approval notice and plastic card.
JunRN
08-10 06:34 PM
I am waiting too...it may come on Monday instead and so is the 'U' in the Visa Bulletin.