ssh
01-25 07:19 PM
Considering the state of the economy and considering that the most important poisiton to save is that of the primary applicant, I suggest that USCIS process cases of primary applicants asap.
Family members can contnue on EAD for long time; however if the principal applicant loses job and can not find another one, the entire family is done - pack bags and leave.
What do you think?
Family members can contnue on EAD for long time; however if the principal applicant loses job and can not find another one, the entire family is done - pack bags and leave.
What do you think?
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mrajatish
08-08 12:33 PM
On a different note, how many labor applications does each one of the applicants in BEC have? Among the 250,000 applications still pending in BEC, how many are applications that still have a legitimate benefactor? For example, in your case, it is pretty evident that you are likely going to use the other company's labor, but what happens to the labor you filed from your current company? If this labor is used for sub, then thee is another legitimate applicant who is being denied the opportunity to file 485 by some one who will use this date.
I think this issue is equally important in solving retrogression.
I think this issue is equally important in solving retrogression.
Blog Feeds
06-03 01:20 AM
H1B Visa Lawyer Blog Has Just Posted the Following:
The United States Citizenship and Immigration Service (USCIS) has announced (http://www.aila.org/content/default.aspx?docid=32094) that several more forms will be transitioning from the Service Centers to the Lockbox Network. USCIS believes that by centralizing form and fee intake to a Lockbox environment, USCIS will improve consistency and integrity in the intake process.
The forms scheduled for the transition include:
I-140 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=4a5a4154d7b3d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), Immigrant Petition for Alien Worker;
I-129F (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a10e4154d7b3d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), Petition for Alien Fiance;
I-539 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=94d12c1a6855d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), Application to Extend/Change Nonimmigrant Status (Only those filed separately from the I-129)
I-526 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=79a7105b5904d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), Immigrant Petition by Alien Entrepreneur;
I-817 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=8eb3d59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), Application for Family Unity Benefits (If filing under section 301 of the Immigration Act of 1990)
This transition has already started, as the Service Centers will be forwarding applications to the appropriate Lockbox facilities. USCIS plans to announce the address change sometime in June and will revise the filing instructions and update the web page for each form.
More... (http://www.h1bvisalawyerblog.com/2010/06/uscis_improving_consistency_an.html)
The United States Citizenship and Immigration Service (USCIS) has announced (http://www.aila.org/content/default.aspx?docid=32094) that several more forms will be transitioning from the Service Centers to the Lockbox Network. USCIS believes that by centralizing form and fee intake to a Lockbox environment, USCIS will improve consistency and integrity in the intake process.
The forms scheduled for the transition include:
I-140 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=4a5a4154d7b3d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), Immigrant Petition for Alien Worker;
I-129F (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a10e4154d7b3d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), Petition for Alien Fiance;
I-539 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=94d12c1a6855d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), Application to Extend/Change Nonimmigrant Status (Only those filed separately from the I-129)
I-526 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=79a7105b5904d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), Immigrant Petition by Alien Entrepreneur;
I-817 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=8eb3d59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), Application for Family Unity Benefits (If filing under section 301 of the Immigration Act of 1990)
This transition has already started, as the Service Centers will be forwarding applications to the appropriate Lockbox facilities. USCIS plans to announce the address change sometime in June and will revise the filing instructions and update the web page for each form.
More... (http://www.h1bvisalawyerblog.com/2010/06/uscis_improving_consistency_an.html)
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irukandji
03-24 03:03 PM
there is a little logic involved here. what if you changed the jobs between your AC21 and latest NOID. I think CIS just wants to make sure you are still hired by issuing a NOID even though they looked into AC21.
BTW I had the same situation and I had to respond to NOID with the same emp letter.
BTW I had the same situation and I had to respond to NOID with the same emp letter.
more...
Roger Binny
05-22 09:05 AM
Which center your case is in, Nebraska ?
patchsk
12-06 11:57 AM
I got my H1b tranfer in premium processing approved in 2 days, 2 days for receipt notice.
So all process is with in 1 week. This is for Vermont center though.
So all process is with in 1 week. This is for Vermont center though.
more...
njboy
10-16 01:33 PM
Unless you serve in Armed Forces
Arkbird,
You cant get into the armed forces without a GC
Arkbird,
You cant get into the armed forces without a GC
2010 Posted by TATTOO NEW at 4:47
rama0083
11-26 03:24 PM
Just wondering if anybody is giving up hopes of GC and switching from H1B to E3D (Dependent of Australian spouse) to take advantage of 2-yr renewable EADs...? How long does it take to get the initial EAD...Continue working without pay (or is there a workaround) while waiting for EAD?....any problems getting visa stamped with a 'yes' for past immigrant petition filed...
7yrs in this country...EB2 PD of 10/07 due to job changes..no 140 yet, no 485...6yrs in same job? no promotions? with 3yr extensions...frustration beyond words...E3D seems to a ray of hope but no idea of complications involved.
My cousin (unmarried) is on an E-3 visa. But if I remember correctly, an E-3 visa holder cannot have immigrant intent. So the "immigration petition filed" question might create trouble. You should consult a lawyer.
7yrs in this country...EB2 PD of 10/07 due to job changes..no 140 yet, no 485...6yrs in same job? no promotions? with 3yr extensions...frustration beyond words...E3D seems to a ray of hope but no idea of complications involved.
My cousin (unmarried) is on an E-3 visa. But if I remember correctly, an E-3 visa holder cannot have immigrant intent. So the "immigration petition filed" question might create trouble. You should consult a lawyer.
more...
wandmaker
08-25 01:19 PM
Hi,
I have my I140 approved couple of years ago and now our company is being acquired by another firm. As a result I may lose my job. I am on 5th year of H1 and have I140 copy.
I got an offer with a project from a top consulting firm who is willing to transfer my H1 and also carry forward GC.
However I am concerned, as that consulting firm has the history of cancelling the H1 once they could not find any new projects after the current project. But in current market scenario, I could find any other opportunity and it may be necessary to join that firm.
So lets say after one/two years, if I lose my job with that firm and want to carry forward my H1/GC with other company, will it be possible?
What should I ask the firm now (terms and conditions, before start working with them) to make my self in safe position later on?
Thanks for your advice.
WA
PD on your profile does not sound realistic, whats your actual PD? I assume you have not filed your 485 according to your profile. This may help throw some opinions.
I have my I140 approved couple of years ago and now our company is being acquired by another firm. As a result I may lose my job. I am on 5th year of H1 and have I140 copy.
I got an offer with a project from a top consulting firm who is willing to transfer my H1 and also carry forward GC.
However I am concerned, as that consulting firm has the history of cancelling the H1 once they could not find any new projects after the current project. But in current market scenario, I could find any other opportunity and it may be necessary to join that firm.
So lets say after one/two years, if I lose my job with that firm and want to carry forward my H1/GC with other company, will it be possible?
What should I ask the firm now (terms and conditions, before start working with them) to make my self in safe position later on?
Thanks for your advice.
WA
PD on your profile does not sound realistic, whats your actual PD? I assume you have not filed your 485 according to your profile. This may help throw some opinions.
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eagle2020
05-11 01:23 AM
I have a B1/B2 visa that I'm thinking about coverting into F1 visa when I get into the US I just have few questions:
1- How long does it take to convert the B1/B2 visa into an F1 visa?
2- If my visa gets converted into the F1 visa, does that mean my B1/B2 visa is cancelled and I have an F1 visa or what am I?
2- Will it be possible to leave the country for few months(after the conversion of my B1/B2 visa into the F1) and then return back to the US with ease to continue my studies ?
Thank you very much for answering!!!
1- How long does it take to convert the B1/B2 visa into an F1 visa?
2- If my visa gets converted into the F1 visa, does that mean my B1/B2 visa is cancelled and I have an F1 visa or what am I?
2- Will it be possible to leave the country for few months(after the conversion of my B1/B2 visa into the F1) and then return back to the US with ease to continue my studies ?
Thank you very much for answering!!!
more...
Ann Ruben
02-01 09:50 PM
Deepadandamudi,
Because you are not currently invalid non-immigrant status, you are not entitled to a change of status to H-1. But, once an H-1 petition is approved on your behalf, you can leave the US, obtain an H-1 visa stamp in your passport and then return to the US using that visa. Unless your employer is exempt from the H-1 cap, the earliest you could do this would be Oct. 2010.
As long as you remain legally married you are entitled to the EAD, and you can maintain both documents. However, if you work for another employer using your EAD you will violate your H-1 status.
Because you are not currently invalid non-immigrant status, you are not entitled to a change of status to H-1. But, once an H-1 petition is approved on your behalf, you can leave the US, obtain an H-1 visa stamp in your passport and then return to the US using that visa. Unless your employer is exempt from the H-1 cap, the earliest you could do this would be Oct. 2010.
As long as you remain legally married you are entitled to the EAD, and you can maintain both documents. However, if you work for another employer using your EAD you will violate your H-1 status.
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fromnaija
02-26 01:10 PM
The risk is that you do not know which petition will be approved first. According to the "last action rules" principle, the last petition to be approved will be your wife's status. For instance, if the H4 petition is approved last she may need to file a change of status to be in H1 or alternatively travel out and re-enter with the desired visa, and vice-versa.
more...
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Blog Feeds
09-28 12:50 PM
U.S. Citizenship and Immigration Services (USCIS) has launched its newly re-designed Web site (http://www.uscis.gov/portal/site/uscis). Although the Web site update was scheduled to be introduced September 22, 2009, attorney Eugenia Ponce visited the site Monday and has this report:
The updated Web site is organized according to categories.The categories are displayed as Topics, Forms, Resources, Laws, News, and About Us. The topics are categorized as follows: Adoption, Permanent Residence, Humanitarian, Citizenship, Members of the Military and Their Family, Family, Visit the U.S., Working in the U.S, and Genealogy. After clicking on a specific topic, I was provided helpful information and even more additional information was available through the links on the left of the screen.The advantage of categorizing the information by topic is that individuals are now able to familiarize themselves with the process from start to finish. There are other helpful links and tools within each specific topic.
Another key feature to the Web site is that there is a “where to start” link. Before, individuals could navigate throughout the Web site not knowing where to even begin their search on a narrow issue. Now, the “where to start link” will allow individuals to begin their immigration search by narrowing it down to their specific issue. For instance, there is a scroll-down available for individuals under the “where to start” link. It states “I Am,” and one can select from the various choices available and get specific information relating to any issue.
Given the new era with text messaging (even various airline companies provide flight and gate status information through text messaging), USCIS has upgraded its site by adding a link that allows individuals to receive case status updates via text messages. The newly designed site has provided a one-stop resource center for individuals with specific queries and I am excited in navigating throughout their links. Visit the newly re-designed USCIS Web site (http://www.uscis.gov/portal/site/uscis) and see the improvements for yourself.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/m6kvujwmnC8/)
The updated Web site is organized according to categories.The categories are displayed as Topics, Forms, Resources, Laws, News, and About Us. The topics are categorized as follows: Adoption, Permanent Residence, Humanitarian, Citizenship, Members of the Military and Their Family, Family, Visit the U.S., Working in the U.S, and Genealogy. After clicking on a specific topic, I was provided helpful information and even more additional information was available through the links on the left of the screen.The advantage of categorizing the information by topic is that individuals are now able to familiarize themselves with the process from start to finish. There are other helpful links and tools within each specific topic.
Another key feature to the Web site is that there is a “where to start” link. Before, individuals could navigate throughout the Web site not knowing where to even begin their search on a narrow issue. Now, the “where to start link” will allow individuals to begin their immigration search by narrowing it down to their specific issue. For instance, there is a scroll-down available for individuals under the “where to start” link. It states “I Am,” and one can select from the various choices available and get specific information relating to any issue.
Given the new era with text messaging (even various airline companies provide flight and gate status information through text messaging), USCIS has upgraded its site by adding a link that allows individuals to receive case status updates via text messages. The newly designed site has provided a one-stop resource center for individuals with specific queries and I am excited in navigating throughout their links. Visit the newly re-designed USCIS Web site (http://www.uscis.gov/portal/site/uscis) and see the improvements for yourself.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/m6kvujwmnC8/)
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ronhira
07-29 11:04 PM
Carnegie Mellon University
> 51 out of 80 total engineering Ph.D.s were awarded to foreign nationals (64%)
Cornell University
> 76 out of 144 total engineering Ph.D.s were awarded to foreign nationals (53%)
Georgia Institute of Technology (Georgia Tech)
> 193 out of 363 total engineering Ph.D.s were awarded to foreign nationals (53%)
University of Florida
> 119 out of 180 total engineering Ph.D.s were awarded to foreign nationals (66%)
University of Michigan-Ann Arbor
> 142 out of 255 total engineering Ph.D.s were awarded to foreign nationals (56%)
Purdue University
> 153 out of 218 total engineering Ph.D.s were awarded to foreign nationals (70%)
Stanford University
> 128 out of 247 total engineering Ph.D.s were awarded to foreign nationals (52%)
Texas A&M University
> 146 out of 184 total engineering Ph.D.s were awarded to foreign nationals (79%)
numbers don't lie....... the latest is that indian students are going to other places in the world.... and indian students no longer consider US as the top destinations.....
No. of Indian students going to US falls, rises for UK - India - The Times of India (http://timesofindia.indiatimes.com/india/No-of-Indian-students-going-to-US-falls-rises-for-UK/articleshow/6234927.cms)
y should anyone be surprised with these numbers?
> 51 out of 80 total engineering Ph.D.s were awarded to foreign nationals (64%)
Cornell University
> 76 out of 144 total engineering Ph.D.s were awarded to foreign nationals (53%)
Georgia Institute of Technology (Georgia Tech)
> 193 out of 363 total engineering Ph.D.s were awarded to foreign nationals (53%)
University of Florida
> 119 out of 180 total engineering Ph.D.s were awarded to foreign nationals (66%)
University of Michigan-Ann Arbor
> 142 out of 255 total engineering Ph.D.s were awarded to foreign nationals (56%)
Purdue University
> 153 out of 218 total engineering Ph.D.s were awarded to foreign nationals (70%)
Stanford University
> 128 out of 247 total engineering Ph.D.s were awarded to foreign nationals (52%)
Texas A&M University
> 146 out of 184 total engineering Ph.D.s were awarded to foreign nationals (79%)
numbers don't lie....... the latest is that indian students are going to other places in the world.... and indian students no longer consider US as the top destinations.....
No. of Indian students going to US falls, rises for UK - India - The Times of India (http://timesofindia.indiatimes.com/india/No-of-Indian-students-going-to-US-falls-rises-for-UK/articleshow/6234927.cms)
y should anyone be surprised with these numbers?
more...
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senthil1
05-04 09:51 PM
Minimum 60 days after President signs. It could be more than 60 days mostly specified in bill
what date is it likely to take effect (become a law)?
what date is it likely to take effect (become a law)?
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dilbert_cal
02-09 02:04 AM
Hi attorney,
I know the question sounds weird.
My husband applied EB2 in 2007. 140 approved and 485 pending. But then we came back to our home country because of layoff. We carried AP but now AP is expiring in 3 weeks. I know after AP goes expired, our 485 will be considered abandoned.
I heard that PD is still ours even in the case of abandonment of 485. So, I still hope that some day we can come back to US to re-do the green card application. My question is, once PD becomes current, how long will the window to submit 485 be open for us?
Thanks.
Jijie
In order to preserve the PD, you will require a copy of your approved 140. Do you have the copy - in that case, next time you will have to file labor and at 140 stage, you can get your PD back.
I know the question sounds weird.
My husband applied EB2 in 2007. 140 approved and 485 pending. But then we came back to our home country because of layoff. We carried AP but now AP is expiring in 3 weeks. I know after AP goes expired, our 485 will be considered abandoned.
I heard that PD is still ours even in the case of abandonment of 485. So, I still hope that some day we can come back to US to re-do the green card application. My question is, once PD becomes current, how long will the window to submit 485 be open for us?
Thanks.
Jijie
In order to preserve the PD, you will require a copy of your approved 140. Do you have the copy - in that case, next time you will have to file labor and at 140 stage, you can get your PD back.
more...
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dan19
09-29 07:26 PM
Is there any problem if your passport is expired while on H1 visa?
Do we need to get the passport renewed before it is expiring?
Do we need to get the passport renewed before it is expiring?
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delhirocks
06-23 12:22 PM
If dates stay current (expected for maybe July), I-485 processing is FIFO based on receipt date of I-485.
If dates retrogress, I-485 processing is FIFO based on PD.
If dates retrogress, I-485 processing is FIFO based on PD.
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05-05 02:38 AM
Aww butters you non-original choob, (dont ask me what that is, long story, just dont use it) you totally just used a tutorial from good-tutorials!! im dissapointed in you... :( (referring to the green one)
dan19
02-15 11:24 AM
Any idea?
nfinity
02-13 02:30 PM
no replies? cant believe i am the only one in this situation :)
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