ajay
08-16 11:23 AM
I just wanted to confirm that it is ok to travel on AP via Dubai from Emirates without H1B stamp. Has anyone done this recently and can you share your experience? Thanks.
- gchopes
In Dubai when you come back you have to show your AP and supporting docs if they ask you to. I came back this July 18th.
- gchopes
In Dubai when you come back you have to show your AP and supporting docs if they ask you to. I came back this July 18th.
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jettu77
05-27 03:15 PM
I would suggest that the letter be sent at the time of filing the second EB2 I 140. This is the way my attorney filed.
bbenhill
12-02 07:42 PM
I guess the story was not clear :-)
the answer is your wife's h4 will be fine since you have ur H1.
Thx
I am not sure why it's so hard to understand what I want :)
1- My wife's h4 visa will expire after 4 years
2- I already have my h1b extension
3- What I am saying that if I don't get the stamp in time, I am planning to enter with AP
Given all the points above, and the fact that I'll be working on H1b status, would this void my wife's h4 visa?
the answer is your wife's h4 will be fine since you have ur H1.
Thx
I am not sure why it's so hard to understand what I want :)
1- My wife's h4 visa will expire after 4 years
2- I already have my h1b extension
3- What I am saying that if I don't get the stamp in time, I am planning to enter with AP
Given all the points above, and the fact that I'll be working on H1b status, would this void my wife's h4 visa?
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gcpadmavyuh
07-27 12:28 AM
What was the date of I485 approval? And when did the wife's 485 reach USCIS?
My friend has a unique situation. Please help out with your advise.
He had earlier applied for 485 in 2005(before October retrogression) and didnt get a chance to add his wife until the July bulletin(as he got married only after filing 485 and his PD was not current until the July 17th). His wife's application is now filed with the NSC center on 7/19th(didnt recieve the receipt notice yet) as a add-on and as a dependent for his original 485 application(he submitted I-134 affidavit of support along with his wife's application).
Today he got an email update from USCIS confirming that his 485 is approved. Since he doesnt know his wife's 485 status yet, he is not even sure if his wife's application is receipted or acknowledged as a dependent to his application. From Fedex, he can confirm that it reached the Nebraska CIS office on July 19th.
Considering his wife's application did go to the NSC center(7/19) before his 485 is approved(9/26), does this mean his wife is in-status or out-of-status(wife is on H-4 dependent visa). Their were not prepared for this news so soon and hence would appreciate any alternatives they can pursue.
My friend has a unique situation. Please help out with your advise.
He had earlier applied for 485 in 2005(before October retrogression) and didnt get a chance to add his wife until the July bulletin(as he got married only after filing 485 and his PD was not current until the July 17th). His wife's application is now filed with the NSC center on 7/19th(didnt recieve the receipt notice yet) as a add-on and as a dependent for his original 485 application(he submitted I-134 affidavit of support along with his wife's application).
Today he got an email update from USCIS confirming that his 485 is approved. Since he doesnt know his wife's 485 status yet, he is not even sure if his wife's application is receipted or acknowledged as a dependent to his application. From Fedex, he can confirm that it reached the Nebraska CIS office on July 19th.
Considering his wife's application did go to the NSC center(7/19) before his 485 is approved(9/26), does this mean his wife is in-status or out-of-status(wife is on H-4 dependent visa). Their were not prepared for this news so soon and hence would appreciate any alternatives they can pursue.
more...
mita
11-14 03:15 PM
I applied online for EAD on 10/23, no finger priting notice yet was asked to wait 30 days to enquire about it. All materials sent to NSC as mentioned, my I-485 is pending at TSC. Did anyone go through the same delay?
that is how ineffecient they are, best thing you can do is, site that your h1 will expire and u dont have plans of h1 renewal and u planning to use EAD, i dont know what else could be more extreme than not having an EAD when you want to use it :)
that is how ineffecient they are, best thing you can do is, site that your h1 will expire and u dont have plans of h1 renewal and u planning to use EAD, i dont know what else could be more extreme than not having an EAD when you want to use it :)
lotsofspace
01-24 02:30 PM
Maybe your lawyer should jump into the well or go back to school ;)
She is probably already going to school (a paralegal) :)
She is probably already going to school (a paralegal) :)
more...
Joey Foley
November 21st, 2005, 06:54 PM
The shots can be sharpened much better which would make all of them even more appealing.
I was afraid to sharpen them too much. I thought that would too make much noise.
Which one you like best Steve?
I was afraid to sharpen them too much. I thought that would too make much noise.
Which one you like best Steve?
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fromnaija
07-10 12:08 PM
This being your first post on this forum, I'd like to advise that you include URL in your post otherwise one might think you are making this up.
Why AILA not suing State Dept. or USCIS for other issues... read a letter posted by someone in a forum
To AILF/AILA,
I appreciate your effort in filing lawsuit on behalf of July I-485 filers.
There are several critics on your July I-485 lawsuit. They criticize that you are doing for the benefit of your members (AILA). Definitely, your members will be benefited by huge amount of legal fees. Also, the critic says it is waste of time.
Even one of your reputed member (Rajiv Khanna @ immigration.com) posted in his website that chance of winning the law suit is very minimum.
He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."
Why you cannot sue for the people who struck at Consulate due to administrative process without probable cause.
Several of them working in U.S (they have proof of employment, pay stubs, worked in the U.S on H1B visa for many years) just went to their home country for short vacation and applied for visa; they have rented house in the U.S and unable to break the lease; unable to pay car dues; their U.S citizen children also held overseas; they are loosing their jobs. State department is holding these visa application for more than a year in several cases.
What steps AILA has taken in this issue. If not, why you are not aware of this issue or why you are not giving importance. Do you think this issue will not bring such a huge legal fee like I-485 lawsuit?
Why AILA not suing State Dept. or USCIS for other issues... read a letter posted by someone in a forum
To AILF/AILA,
I appreciate your effort in filing lawsuit on behalf of July I-485 filers.
There are several critics on your July I-485 lawsuit. They criticize that you are doing for the benefit of your members (AILA). Definitely, your members will be benefited by huge amount of legal fees. Also, the critic says it is waste of time.
Even one of your reputed member (Rajiv Khanna @ immigration.com) posted in his website that chance of winning the law suit is very minimum.
He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."
Why you cannot sue for the people who struck at Consulate due to administrative process without probable cause.
Several of them working in U.S (they have proof of employment, pay stubs, worked in the U.S on H1B visa for many years) just went to their home country for short vacation and applied for visa; they have rented house in the U.S and unable to break the lease; unable to pay car dues; their U.S citizen children also held overseas; they are loosing their jobs. State department is holding these visa application for more than a year in several cases.
What steps AILA has taken in this issue. If not, why you are not aware of this issue or why you are not giving importance. Do you think this issue will not bring such a huge legal fee like I-485 lawsuit?
more...
chantu
02-28 08:40 PM
Hi,
Today I received I140 RFE. I do not know whether it is serious issue or not? It states that my employer has to:
Submit evidence to establish that the petitioner (i.e my employer) had the financial ability to pay the proffered wage as of "Some Date", priority date and continues to have such ability. Such evidence must include annual US federal tax returns, or audited financial statements. You may also include additional evidence, such as profit/loss statements, bank account records, personnel records. If you employ 100 workers or more, you may submit a statement from the financial officer of the organization, establishing your ability to pay the proffered wage.
Can somebody please tell me whether it is serious issue or it happens generally? My employer said he will send all the documents next week to USCIS.
Today I received I140 RFE. I do not know whether it is serious issue or not? It states that my employer has to:
Submit evidence to establish that the petitioner (i.e my employer) had the financial ability to pay the proffered wage as of "Some Date", priority date and continues to have such ability. Such evidence must include annual US federal tax returns, or audited financial statements. You may also include additional evidence, such as profit/loss statements, bank account records, personnel records. If you employ 100 workers or more, you may submit a statement from the financial officer of the organization, establishing your ability to pay the proffered wage.
Can somebody please tell me whether it is serious issue or it happens generally? My employer said he will send all the documents next week to USCIS.
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Green Card Aspirant
03-24 07:23 PM
I too fall in the same boat. I see one of them responding for this post that we can apply for premium processing. If we apply for premium processing before 6 months , does it raise any questions at USCIS ... why this guy is applying for premium processing ?? Are we eligible to apply H1 B Extension with premium processing before 6 months of H1 B Expiry ??
Thanks in advance
Thanks in advance
more...
snathan
02-21 12:43 PM
Thanks snathan. Can you please point me to a link that lists down the conditions needed to satisfy EB1/EB2/EB3. The link provide by samuel5028 is not working.
Thanks
IAspire
http://immigrationvoice.org/wiki/index.php/Main_Page
IV is trying to eliminate the backlog and reduce the wait time for the EB2 and EB3. There is a lobby day arranged on Apr 4 & 5 DC. Please join the advocacy if possible. Otherwise you can donate money, air miles or hotel reward points for members who attending.
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1904645-advocacy-day-air-miles-carpooling-and-hosting-members-in-dc-3.html#post2357939
Thanks
IAspire
http://immigrationvoice.org/wiki/index.php/Main_Page
IV is trying to eliminate the backlog and reduce the wait time for the EB2 and EB3. There is a lobby day arranged on Apr 4 & 5 DC. Please join the advocacy if possible. Otherwise you can donate money, air miles or hotel reward points for members who attending.
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1904645-advocacy-day-air-miles-carpooling-and-hosting-members-in-dc-3.html#post2357939
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gmb
01-14 09:45 PM
Asfar as I know the I94 date is always linked to a visa and not the Notice of Action. when i faced the same issue this what I was told.
invincibleasian is totally WRONG in saying this. Officer at POE does not always determine the expiry date of I-94 based on visa stamp expiry. In case of H1 or H4, the expiry date is determined by the expiry of the concerned H1B petition (Notice of Action) from the current employer. I don't know what kind of issue invincibleasian faced.
Lemme share my own experience to prove my point. I entered the US in Sep 2006 with my visa stamp from my previous employer expiring in 15 days. The Notice of Action from my current employer however had an expiry date of Apr 2007. Officer issued the I-94 with Apr 2007 as the expiry date. No questions were asked. I guess that answers all of your questions.
Shruti is right for the most part. However, I would re-phrase this sentence
>>If the Officer gives June 2007 date, your wife should show the latest I-797 and get the date corrected.
to say this
Present the latest I-797 along with your visa stamp first so officer puts he correct expiry date on I-94, leaving no room for any mistake. With my experience, I can vouch that POE officers seem to be quite aware of this procedure.
invincibleasian is totally WRONG in saying this. Officer at POE does not always determine the expiry date of I-94 based on visa stamp expiry. In case of H1 or H4, the expiry date is determined by the expiry of the concerned H1B petition (Notice of Action) from the current employer. I don't know what kind of issue invincibleasian faced.
Lemme share my own experience to prove my point. I entered the US in Sep 2006 with my visa stamp from my previous employer expiring in 15 days. The Notice of Action from my current employer however had an expiry date of Apr 2007. Officer issued the I-94 with Apr 2007 as the expiry date. No questions were asked. I guess that answers all of your questions.
Shruti is right for the most part. However, I would re-phrase this sentence
>>If the Officer gives June 2007 date, your wife should show the latest I-797 and get the date corrected.
to say this
Present the latest I-797 along with your visa stamp first so officer puts he correct expiry date on I-94, leaving no room for any mistake. With my experience, I can vouch that POE officers seem to be quite aware of this procedure.
more...
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surabhi
04-14 01:41 PM
As per suggestion by members of the forum, I am planning on using a good attorney to file my appeal.
The new attorney for my company is 'Law Offices of Slowik & Robinson LLC' (http://www.s-r-law.com/) based in Columbus, OH and is supposedly very reputable and well known.
If you guys have heard of them or know about them, please drop a few lines here. This will help me make a decision as to stay with the new company attorney or go to much bigger firms like Murthy LLC.
Thanks.
Regardless of the attorney you employ, it is important to ensure you are completely clued in and has visibility into the process. Its even more important in the situation you are in.
You should be completely versed with your case, options available, reperucssions.. everything. Only then you can have meaningful conversation with attorney about your concerns.
It is very difficult with para legals not providing timely information, neverthless you should look for firm that treats clilents with respect.
The new attorney for my company is 'Law Offices of Slowik & Robinson LLC' (http://www.s-r-law.com/) based in Columbus, OH and is supposedly very reputable and well known.
If you guys have heard of them or know about them, please drop a few lines here. This will help me make a decision as to stay with the new company attorney or go to much bigger firms like Murthy LLC.
Thanks.
Regardless of the attorney you employ, it is important to ensure you are completely clued in and has visibility into the process. Its even more important in the situation you are in.
You should be completely versed with your case, options available, reperucssions.. everything. Only then you can have meaningful conversation with attorney about your concerns.
It is very difficult with para legals not providing timely information, neverthless you should look for firm that treats clilents with respect.
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shana04
02-17 04:24 PM
Can I invoke AC21 by using H1-B transfer?
Enjoy your life, but do it careful.
Enjoy your life, but do it careful.
more...
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xiaomatu
06-06 11:15 AM
My attorney and my employer has different address. My attorney received the approval notice on 5/14/ when it was approved on 5/8. Then since 5/22, USCIS's online status showed some "New document" have been sent to the "address they have on file" on 5/22. It could be they sent another approval notice to my employer or could be they sent something else. So far neither my attorney nor my employer received anything from USCIS yet since 5/22.
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sukant71
02-12 08:54 PM
Because you , me and many like us have bad luck!!!! EB categories are now unofficial lottery system. If you lucky you will not wait!
I dont have any other explanation.
Explanation is simple-Lottery decided by prefrential people-preference spekas by u know well-no luck but if uknow someone create luck
I dont have any other explanation.
Explanation is simple-Lottery decided by prefrential people-preference spekas by u know well-no luck but if uknow someone create luck
more...
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vrbest
11-14 11:36 AM
our case was recvd by uscis on July 23. we got our EAD card, FP notices , 485 receipts already. But 485 status is not online yet. I really dont need to worry about it, but was wondering if anyone is similar situation..
thanks
thanks
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tanu_75
02-07 04:26 AM
We legals who are waiting in line have another setback with news like below
Illegal immigration: Influx of immigrants from India baffles border officials in Texas - latimes.com (http://www.latimes.com/news/nationworld/nation/la-na-border-indians-20110206,0,3295315.story)
last week we heard about Trivalley.
eb-3 -> eb2 seems like a minuscule problem now.
We are self destructing ourselves by making US gov loose complete trust on indian credibility with few of the above among hundreds of nuances we are causing.
If you are like me.. always following rules.. light at the end of tunnel seem to be diminishing very quickly than what we thought.
Nothing new here. There'll be Indians, Mexicans, Africans. Anybody in the world who has an appetite for risk, and a desperate need to be in America will make it to Mexico and run across the border, just like the millions of illegals already did. The border's a joke and you can't blame the illegals if the USA allows people to get away with it even if they get caught. Why, you could even earn a red carpet to citizenship if you do that, under some proposed legislation.
Illegal immigration: Influx of immigrants from India baffles border officials in Texas - latimes.com (http://www.latimes.com/news/nationworld/nation/la-na-border-indians-20110206,0,3295315.story)
last week we heard about Trivalley.
eb-3 -> eb2 seems like a minuscule problem now.
We are self destructing ourselves by making US gov loose complete trust on indian credibility with few of the above among hundreds of nuances we are causing.
If you are like me.. always following rules.. light at the end of tunnel seem to be diminishing very quickly than what we thought.
Nothing new here. There'll be Indians, Mexicans, Africans. Anybody in the world who has an appetite for risk, and a desperate need to be in America will make it to Mexico and run across the border, just like the millions of illegals already did. The border's a joke and you can't blame the illegals if the USA allows people to get away with it even if they get caught. Why, you could even earn a red carpet to citizenship if you do that, under some proposed legislation.
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gcisadawg
04-16 09:34 AM
Hello Attorney,
My wife received a RFE on her I-485 for missing medical test (TB test).
The deadline for responding to RFE is May 9th. She is out of the country currently and is scheduled to return on June 3rd.
Can we request an extension of time to reply to RFE based on hardship?
We just need one more month to comply with RFE.
Does USCIS normally provide extension for situations like the one above?
I took an infopass appointmnet at Baltimore and they couldn't offer a concrete answer since the case is pending with TSC. They asked me to reply to RFE asking for extension and provide supporting documents. I'm not sure if that would be accepted and results in denial of I-485.
Thanks in advance,
GCisaDawg
My wife received a RFE on her I-485 for missing medical test (TB test).
The deadline for responding to RFE is May 9th. She is out of the country currently and is scheduled to return on June 3rd.
Can we request an extension of time to reply to RFE based on hardship?
We just need one more month to comply with RFE.
Does USCIS normally provide extension for situations like the one above?
I took an infopass appointmnet at Baltimore and they couldn't offer a concrete answer since the case is pending with TSC. They asked me to reply to RFE asking for extension and provide supporting documents. I'm not sure if that would be accepted and results in denial of I-485.
Thanks in advance,
GCisaDawg
oaktree
01-12 12:57 PM
Dear Attornies,experts
My perm was denied recently because "The wage listed in the SWA job order is less than the wage offered to the foreign worker", It took DOL almost one and half years to determine this after a business necessity audit. I am going to start a new application now. What are my chances for an appeal by providing corrected supporting documents, can I apply a new application while an appeal is in progress..
Can I have multiple PERM applications from multiple employers at the same time, with different position titles?
Is there anyway of taking advantage of the old priority date application that was denied with a new application.
I almost lost 2 years in priority date because of this denial...
Please suggest...
My perm was denied recently because "The wage listed in the SWA job order is less than the wage offered to the foreign worker", It took DOL almost one and half years to determine this after a business necessity audit. I am going to start a new application now. What are my chances for an appeal by providing corrected supporting documents, can I apply a new application while an appeal is in progress..
Can I have multiple PERM applications from multiple employers at the same time, with different position titles?
Is there anyway of taking advantage of the old priority date application that was denied with a new application.
I almost lost 2 years in priority date because of this denial...
Please suggest...
Ann Ruben
05-12 03:24 PM
First, you should file for the extension as soon as possible to give ample time to respond to any possible RFE. To be sure you have enough time to sort everything out, you should consider paying the additional $1000 premium processing fee.
Second, If your company employs fewer than 25 employees, and more than 7 of them are H-1B visa holders, then your employer is considered H-1B dependant and may have to meet certain requirements with regard to your salary (must be more than $60,000) or credentials (must hold advanced degree).
Third, if there is an RFE requesting contracts, etc. I would recommend getting a letter from the product company detailing the duration and nature of the relationship with your company and confirming its ongoing nature.
Second, If your company employs fewer than 25 employees, and more than 7 of them are H-1B visa holders, then your employer is considered H-1B dependant and may have to meet certain requirements with regard to your salary (must be more than $60,000) or credentials (must hold advanced degree).
Third, if there is an RFE requesting contracts, etc. I would recommend getting a letter from the product company detailing the duration and nature of the relationship with your company and confirming its ongoing nature.
