dixie
10-03 12:51 PM
I think we must also emphasise the point that all of us have to pass strict labor market tests supervised by DOL to be even eligible for green cards (and many of us have already passed that). That will blunt the rhetoric from the anti-immigrants and their attempts to obfuscate our issue with the illegal aliens. The tend to make americans believe that applying for a green card is just like applying for a drivers license and just about anyone is eligible.
The only other thing I think should be stressed is that we are already H1-b holders, already applied for green cards, so not taking any more jobs away from USCs. All we are asking for is expedited processing of our already filed applications.
Then Numbersusa or other anti-immigration groups have no points to raise against us
The only other thing I think should be stressed is that we are already H1-b holders, already applied for green cards, so not taking any more jobs away from USCs. All we are asking for is expedited processing of our already filed applications.
Then Numbersusa or other anti-immigration groups have no points to raise against us
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needhelp!
10-12 11:01 AM
for TX members!
waitingforgc
06-29 04:40 PM
I am on an H-1 and my wife has an H-4 visa.
We filed our I-485 in July 2007 and will be current as of July 1st 2010 as per the June 2010 visa bulletin.
We do not have an AP as we didn't renew it after the first one (from July 07) expired.
We do have valid EAD�s (which we have not used until now)
We have to travel urgently to India for some personal reasons in July 2010.
What if we get our Green Card while we are gone? Can we still enter using our valid H-1/H-4 visas/status? If not, is it mandatory to have an AP to re-enter in this case?
Thanks in advance.
We filed our I-485 in July 2007 and will be current as of July 1st 2010 as per the June 2010 visa bulletin.
We do not have an AP as we didn't renew it after the first one (from July 07) expired.
We do have valid EAD�s (which we have not used until now)
We have to travel urgently to India for some personal reasons in July 2010.
What if we get our Green Card while we are gone? Can we still enter using our valid H-1/H-4 visas/status? If not, is it mandatory to have an AP to re-enter in this case?
Thanks in advance.
2011 Long Hair German Shepherd Dog
Bolt
04-23 12:33 PM
1)on Feb 19 th 2008 came to US with H1B Visa stamp of Comp A having
validity till AUG 2010
2)Transferred VISA to Comp B by applying with in 15-20 days after
landing into USA and got approved till Feb 2011.
3)after working for 10months in Comp B applied for transfer to Comp C
4)after getting receipt started working with Comp C
5)on Jan 21,2009 acc to USCIS site RFE was issued
6)on Apr 10,2009 Visa denied. I am still waiting for the details of the RFE and denial from my attorney?
Q1) Am I still legal to stay,if so till how many days or am I
already out of status?
q2)can I still rejoin the previous employee i.e.Comp B
q3)can Comp C able to reapply for H1B if So after how much time can it
reapply for me?
Please help
Thx
Hi,
until you have an I-94 u can go for an h1b transfer to another company. my suggestion is to with a premium prcessing and u will get an approval.
i was in a situation that my previous h1b was valid until aug 18th 2008 and i went for a transfer to another company on march 24th 2008. it was pending with USCIS until march 10th 2009 and got denied. my i-94 was valid till aug 18th 2008. on march 30th 2009 i wwent for another h1b transfer thru premium processing and it got approved on apr 21st 2009. now am waitng on the i-797 wondering whether they have approved as a extension with i-94 or else consular processing.
validity till AUG 2010
2)Transferred VISA to Comp B by applying with in 15-20 days after
landing into USA and got approved till Feb 2011.
3)after working for 10months in Comp B applied for transfer to Comp C
4)after getting receipt started working with Comp C
5)on Jan 21,2009 acc to USCIS site RFE was issued
6)on Apr 10,2009 Visa denied. I am still waiting for the details of the RFE and denial from my attorney?
Q1) Am I still legal to stay,if so till how many days or am I
already out of status?
q2)can I still rejoin the previous employee i.e.Comp B
q3)can Comp C able to reapply for H1B if So after how much time can it
reapply for me?
Please help
Thx
Hi,
until you have an I-94 u can go for an h1b transfer to another company. my suggestion is to with a premium prcessing and u will get an approval.
i was in a situation that my previous h1b was valid until aug 18th 2008 and i went for a transfer to another company on march 24th 2008. it was pending with USCIS until march 10th 2009 and got denied. my i-94 was valid till aug 18th 2008. on march 30th 2009 i wwent for another h1b transfer thru premium processing and it got approved on apr 21st 2009. now am waitng on the i-797 wondering whether they have approved as a extension with i-94 or else consular processing.
more...
ckpas
09-23 03:19 PM
Need some help/advice on PERM LC issue:
My employer has filed PERM LC (PD Sep 2008) in EB2 (Job Description: Masters OR Bachelors with 5 Yrs experience),
On may'09 got a query saying "Discrepency in Alien education and experience".
Stating: Alien workerer possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice.
my employer appealed saying: " H.4 in ETA does indicate masters deg. is the minimum requirement for the position and there is however no mention made of 5 yrs of exp. this appears in 8.A and 8.C as an alternate education and experience and therefore not related to the minimum requiremnt for the position"
Another mistake (which I don't know if its from PERM ior my employer) is even though i have more than 10 yrs of experience the reason for denial as you can see above says "Alien worker possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice."
thanks in advance, appreciate comments
UPDATE : After the appeal sent by my employer, my PERM case shows status as "in-process". Does it mean it will fall under usual processing times ? Can I expect a response in the coming months ? Please let me know.
My employer has filed PERM LC (PD Sep 2008) in EB2 (Job Description: Masters OR Bachelors with 5 Yrs experience),
On may'09 got a query saying "Discrepency in Alien education and experience".
Stating: Alien workerer possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice.
my employer appealed saying: " H.4 in ETA does indicate masters deg. is the minimum requirement for the position and there is however no mention made of 5 yrs of exp. this appears in 8.A and 8.C as an alternate education and experience and therefore not related to the minimum requiremnt for the position"
Another mistake (which I don't know if its from PERM ior my employer) is even though i have more than 10 yrs of experience the reason for denial as you can see above says "Alien worker possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice."
thanks in advance, appreciate comments
UPDATE : After the appeal sent by my employer, my PERM case shows status as "in-process". Does it mean it will fall under usual processing times ? Can I expect a response in the coming months ? Please let me know.
LONGGCQUE
02-03 07:11 PM
I filled the form yesterday and it was there. Did they change it today ? Do we need to re-fill it ?
more...
Blog Feeds
12-05 09:20 PM
Here is a quick update from the California Service Center regarding this new fee. The additional filing fees of $2,000 for certain H-1B petitions and $2,250 for certain L- 1A and L-1B petitions is applicable to petitioning employers who employ 50 or more employees in the United States and 50% of the petitioner�s employees are in H-1B, L-1A or L-1B status. The PL 111-230 fees do not apply to petitions requesting an extension of H-1B, L-1A or L-1B status with the same employer (only for initial filings for a new beneficiary).
When the fee is not required, it is critical that the petitioner explicitly acknowledge this and explain why it is not required in the I-129 filing. If this is not done, USCIS will likely issue a Request for Evidence asking for a statement from the petitioner, causing unnecessary delays in processing.
The Service Center previously stated:
Until the Petition for Nonimmigrant Worker (Form I-129) and the Nonimmigrant Petition Based on Blanket L Petition (Form I-129S) are revised, USCIS recommends that all H-1B, L-1A, and L-1B petitioners include, as part of the filing packet, the new fee or a statement or other evidence outlining why this new fee does not apply. USCIS requests that petitioners include a notation indicating whether or not the fee is required in bold capital letters at the top of the cover letter. The fee, statement, notation, or other evidence should be provided with each petition submitted. Where the fee or documentation is not submitted with the filing, or where questions remain, USCIS may issue a Request for Evidence to determine whether the additional fee applies to the petition.The following is a sample statement that the petitioner employer could use:
By this statement we confirm that our company (the petitioner) is not required to pay the H-1B filing fee under Public Law 111-230. Our business does not have more than 50 percent of our employees in the United States in H-1B or L-1 nonimmigrant visa status. Therefore, we are not required to pay the additional filing fee.
Please email me with any questions regarding the above referenced info.
More... (http://www.visalawyerblog.com/2010/11/h1b_visas_public_law_111230_fi.html)
When the fee is not required, it is critical that the petitioner explicitly acknowledge this and explain why it is not required in the I-129 filing. If this is not done, USCIS will likely issue a Request for Evidence asking for a statement from the petitioner, causing unnecessary delays in processing.
The Service Center previously stated:
Until the Petition for Nonimmigrant Worker (Form I-129) and the Nonimmigrant Petition Based on Blanket L Petition (Form I-129S) are revised, USCIS recommends that all H-1B, L-1A, and L-1B petitioners include, as part of the filing packet, the new fee or a statement or other evidence outlining why this new fee does not apply. USCIS requests that petitioners include a notation indicating whether or not the fee is required in bold capital letters at the top of the cover letter. The fee, statement, notation, or other evidence should be provided with each petition submitted. Where the fee or documentation is not submitted with the filing, or where questions remain, USCIS may issue a Request for Evidence to determine whether the additional fee applies to the petition.The following is a sample statement that the petitioner employer could use:
By this statement we confirm that our company (the petitioner) is not required to pay the H-1B filing fee under Public Law 111-230. Our business does not have more than 50 percent of our employees in the United States in H-1B or L-1 nonimmigrant visa status. Therefore, we are not required to pay the additional filing fee.
Please email me with any questions regarding the above referenced info.
More... (http://www.visalawyerblog.com/2010/11/h1b_visas_public_law_111230_fi.html)
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dipmay2002
10-28 05:59 PM
I recently change employer on EAD in NJ and new employer is saying that I can't claim withholding allowance for dependents on EAD; I had no issue with my previous employer and was claiming 6 withholding allowances; I told them that my previous payroll processor was ADP and none of my friends on EAD had any issues claiming dependents; They are saying that this is new 2010 rule change and you need to have GC for it. I told them that all dependents have SSN and passes 182 days resident alien test rule..they are not agreed..Is it true? Please let me/send any links/information to prove it...
more...
amindarshana
12-01 11:04 AM
Thank you Wandmaker..
My attorny gave me same sugestion.
But I was wondering do we have to take special permission from USCIS to re-file or just send the application with proof of previous deleivery.
And if Yes-- How?
My attorny gave me same sugestion.
But I was wondering do we have to take special permission from USCIS to re-file or just send the application with proof of previous deleivery.
And if Yes-- How?
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greensignal
01-04 02:17 AM
I have a curious situation. I have filed EB3-485 as a secondary applicant to my wife. I am currently in a job where I can't file a green card ( this is my 5th year of H1b). My understanding is one can't have a seventh year extension for H1b unless his I-140 is approved.
Should I consider changing the job and filing another GC by myself. I know I can continue renewing EAD but I still want to keep my H1b
Thanks
Just apply for labor and once the labor is approved apply for I140 (Apply in premium if USCIS starts accepting premium by the time your labor is approved). If premium is not started by the time your labor is approved then apply I140 in regular and wait for premium to start. you can change your I140 Application to premium even though you filed it in regular processing originally.
Who knows you might get the I140 approval in regular processing also before your 6 years is complete.
just do what you can
Should I consider changing the job and filing another GC by myself. I know I can continue renewing EAD but I still want to keep my H1b
Thanks
Just apply for labor and once the labor is approved apply for I140 (Apply in premium if USCIS starts accepting premium by the time your labor is approved). If premium is not started by the time your labor is approved then apply I140 in regular and wait for premium to start. you can change your I140 Application to premium even though you filed it in regular processing originally.
Who knows you might get the I140 approval in regular processing also before your 6 years is complete.
just do what you can
more...
DSLStart
08-23 10:03 AM
That memo became an subject of sunday morning talk shows on Fox, CNN etc and now even USCIS has rescinded from it.
I have filed my I-485 before my marriage and I need to be on H1-B VISA to maintain my spouse's H4 Status.
Couple of weeks back there was a leaked USCIS memo mentioning "The agency could also consider extending employment authorization to the dependent spouses of certain skilled workers. For example, USCIS sould allow employment authorization for H-4 dependent spouses of H-1B principals where the principals are also applied for lawful permanent residence and have extended their non-immigrant status under the provisions of AC21"
Memo USCIS (http://www2.nationalreview.com/memo_UCIS_072910.html)
Please let me know if there are any updates.
Cheers,
VChip
I have filed my I-485 before my marriage and I need to be on H1-B VISA to maintain my spouse's H4 Status.
Couple of weeks back there was a leaked USCIS memo mentioning "The agency could also consider extending employment authorization to the dependent spouses of certain skilled workers. For example, USCIS sould allow employment authorization for H-4 dependent spouses of H-1B principals where the principals are also applied for lawful permanent residence and have extended their non-immigrant status under the provisions of AC21"
Memo USCIS (http://www2.nationalreview.com/memo_UCIS_072910.html)
Please let me know if there are any updates.
Cheers,
VChip
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dontcareanymore
12-18 05:28 PM
Hi
I am transferring my H1 to a firm on full time basis(not consulting company, product based). Currently I am on a project with A and I am going to transfer my H1 to B (which is 6 yrs old, american based company). I have pay slips from past 4 months, and I was on bench for 2 months where I didnt get my pasylips. For transfer I gave my past 4 months pay slips.
I have 2 questions here.
1) With company A, my LCA was not accurate. My LCA was of NY state & I am working in NJ.
Will this create any issue for my H1 transfer with company B which is VA and they have got the approved LCA.
2) Will there be any issue with my 2 months pay slips (which are of July & Aug). Right now I have submitted my H1 transfer with past 4 months payslips (Sep,Oct, Nov & Dec).
Please advice, I will really appreciate your suggestions on this ASAP.
Thanks
Since you already have last 4 months pay slips and currently working , I dont see a problem , as long as your future employer can show that they have a legitimate opening and can pay you.
I am transferring my H1 to a firm on full time basis(not consulting company, product based). Currently I am on a project with A and I am going to transfer my H1 to B (which is 6 yrs old, american based company). I have pay slips from past 4 months, and I was on bench for 2 months where I didnt get my pasylips. For transfer I gave my past 4 months pay slips.
I have 2 questions here.
1) With company A, my LCA was not accurate. My LCA was of NY state & I am working in NJ.
Will this create any issue for my H1 transfer with company B which is VA and they have got the approved LCA.
2) Will there be any issue with my 2 months pay slips (which are of July & Aug). Right now I have submitted my H1 transfer with past 4 months payslips (Sep,Oct, Nov & Dec).
Please advice, I will really appreciate your suggestions on this ASAP.
Thanks
Since you already have last 4 months pay slips and currently working , I dont see a problem , as long as your future employer can show that they have a legitimate opening and can pay you.
more...
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gsc999
06-20 12:10 PM
I am also in the same boat as you and my attorney has sent my Labor ETA 750 to DOL for changing the box 15. It is good to change it now at Labor stage as there is quite lot rejection at I140 stage if your degree is 3 years..so it is better to have it ammended at Labor stage.
I would say all those who are waiting on Labor with 3 Years degree should make sure that your Labor states that it a "combination" else you will be trouble.
- GCDreamzz
My two cents.
--------
My labor was certified with three year's bachelor's degree. Can you please elaborate what is this box # 15, I do have a copy of my labor application. I want to point this out to my attorney. Thanks.
I would say all those who are waiting on Labor with 3 Years degree should make sure that your Labor states that it a "combination" else you will be trouble.
- GCDreamzz
My two cents.
--------
My labor was certified with three year's bachelor's degree. Can you please elaborate what is this box # 15, I do have a copy of my labor application. I want to point this out to my attorney. Thanks.
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ssreenu
05-12 02:45 PM
Yes, you can GC is a future job. So its definitely possible.
Does it mean I can file a 485 even without joining the employer and can eventually join him before the 485 is approved. Any risks in this process?
Thanks in advance.
Does it mean I can file a 485 even without joining the employer and can eventually join him before the 485 is approved. Any risks in this process?
Thanks in advance.
more...
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athapps
01-25 09:37 PM
Dear Gurus
My friend is in pathetic situation. He is in US for last 5 years and fallen out of status almost 2 years. Using 245I, Finally he got his i140, EAD, AP got aproved i485 still pending with current PD.
Unfortunately his father fallen sick, and possibly he may not see him if he miss him now.
My question here is, can he travel on his AP, What are the risk involved. In case of his i485 get approved while he is in
India can I take it with me so he can come back with his Green card.
Dear friends you guys have been helping all, pls help my friend to see his father possibly last time.
My friend is in pathetic situation. He is in US for last 5 years and fallen out of status almost 2 years. Using 245I, Finally he got his i140, EAD, AP got aproved i485 still pending with current PD.
Unfortunately his father fallen sick, and possibly he may not see him if he miss him now.
My question here is, can he travel on his AP, What are the risk involved. In case of his i485 get approved while he is in
India can I take it with me so he can come back with his Green card.
Dear friends you guys have been helping all, pls help my friend to see his father possibly last time.
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bayarea07
08-06 09:23 PM
Your Priority date seems to be Dec 2005 and if i remember correctly USCIS had a memo to complete all Background Check in 6 Months so yours should have been over long time ago.
But Again I am not a expert here and could be wrong, EXPERTS please advise
Does any one know on an average how much time it will take to complete background check?
My PD is current this month and there is background check pending on my case..
But Again I am not a expert here and could be wrong, EXPERTS please advise
Does any one know on an average how much time it will take to complete background check?
My PD is current this month and there is background check pending on my case..
more...
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Jerrome
05-20 04:44 PM
Are people getting soft lud on 485 recently?.
The reason why i am asking this is my 485 did not have any LUD for past 1 year and i got one today for all my 485(mine,dependents). 140 did not have any LUD only 485s. No AP,EAD renewals..
I know from previous threads it means nothing. Just wanted to check. Was trying to not post about this but at last i posted.
The reason why i am asking this is my 485 did not have any LUD for past 1 year and i got one today for all my 485(mine,dependents). 140 did not have any LUD only 485s. No AP,EAD renewals..
I know from previous threads it means nothing. Just wanted to check. Was trying to not post about this but at last i posted.
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intheyan
01-27 10:42 PM
Dear Attorney,
I greatly appreciate your time in reading my question and will be happy I get a reply. I am an derivative applicant with I-485. I have my EAD till Mid of August 2010 and my AP expired on November 2009. I read from forums that AP is not need if we are not going to travel out of USA. Even my friends said the same, so I did not renew my AP so far. Will an expired AP invalidated my status when I am staying in USA and not planing to travel within next 8 months?
Since I am on my 1-485 status and my husband got Green card I believe that I am in status. But just wanted to confirm again for assurance and for piece of mind. Any way I am planing to apply for AP in next few weeks.
I greatly appreciate your time in reading my question and will be happy I get a reply. I am an derivative applicant with I-485. I have my EAD till Mid of August 2010 and my AP expired on November 2009. I read from forums that AP is not need if we are not going to travel out of USA. Even my friends said the same, so I did not renew my AP so far. Will an expired AP invalidated my status when I am staying in USA and not planing to travel within next 8 months?
Since I am on my 1-485 status and my husband got Green card I believe that I am in status. But just wanted to confirm again for assurance and for piece of mind. Any way I am planing to apply for AP in next few weeks.
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mundakamal
06-13 07:49 PM
Hi All,
My employer after too much of talks is ready to file. But in all the applications he wants to put his address so that he receives the EAD card and AP..He is not ready to put my address. Can he keep my EAD card ?
Gurus please advise...
Thanks!
My employer after too much of talks is ready to file. But in all the applications he wants to put his address so that he receives the EAD card and AP..He is not ready to put my address. Can he keep my EAD card ?
Gurus please advise...
Thanks!
Sirisian
08-12 11:05 PM
You need the reference. Go to the solution window (located on the right side and right click on it and select add reference). Empty project is just that, empty.
Console applications are normally the non-GUI projects. It will default and add certain references.
Just for some future information you can create class library for creating a dll with a project. Useful if you are using certain code in multiple solutions. In this way instead of including the files you just include the project and in the solution put a reference to the project and it includes the .dll (dynamic link library) file when building the solution.
Console applications are normally the non-GUI projects. It will default and add certain references.
Just for some future information you can create class library for creating a dll with a project. Useful if you are using certain code in multiple solutions. In this way instead of including the files you just include the project and in the solution put a reference to the project and it includes the .dll (dynamic link library) file when building the solution.
tnite
09-11 09:31 AM
I posted this question on another thread but its on page 38-39, so thought I might post as a new thread so that I can get some answer to my concerns...
I renewed my EAD thru e-filing. Everything was ok but the address to send the Confirmation Receipt is TSC. My initial I-485 is at NSC. My address did not change anytime from the time I applied I-485.
I entered the correct info in question 11..which was:
Have you ever before applied for employment auth. form USCIS?
X Yes(if yes, continue below)
I checked yes
which USCIS office?
My answer:
LINCOLN, NE date: 08/14/2007
Should I be worried about this or can I just feel its okay?
Is this something okay?
Please let me know....Thanks.
I too had the same issue but then figured out that when I sent in my 1st EAD App I lived in CT which is serviced by Nebraska and then I moved to MA,which is serviced by Texas. When I applied for my renewal the supporting documents were being asked to mail to Texas. Did you move?
I renewed my EAD thru e-filing. Everything was ok but the address to send the Confirmation Receipt is TSC. My initial I-485 is at NSC. My address did not change anytime from the time I applied I-485.
I entered the correct info in question 11..which was:
Have you ever before applied for employment auth. form USCIS?
X Yes(if yes, continue below)
I checked yes
which USCIS office?
My answer:
LINCOLN, NE date: 08/14/2007
Should I be worried about this or can I just feel its okay?
Is this something okay?
Please let me know....Thanks.
I too had the same issue but then figured out that when I sent in my 1st EAD App I lived in CT which is serviced by Nebraska and then I moved to MA,which is serviced by Texas. When I applied for my renewal the supporting documents were being asked to mail to Texas. Did you move?
