GCLONGWAIT
10-05 05:41 PM
Hello,
My husband is on pending I-485 MTR & my denied I-140 is in appeal. My husband has to apply for H-4 status based on my approved & stamped H-1 status.
My Queries:
1) I am told that he cannot apply from USA as his I-485 is denied and he is pending I-485 MTR?
2) Can he apply for canadian visa for H4 consulate processing even though he doesn't have valid USA stamp on his passport? All we have is pending I-485 MTR receipt & my pending appeal letter from AAO office.
3) How safe is it to apply from canada?
Your response will be highly appreciated.
Thanx in advance
My husband is on pending I-485 MTR & my denied I-140 is in appeal. My husband has to apply for H-4 status based on my approved & stamped H-1 status.
My Queries:
1) I am told that he cannot apply from USA as his I-485 is denied and he is pending I-485 MTR?
2) Can he apply for canadian visa for H4 consulate processing even though he doesn't have valid USA stamp on his passport? All we have is pending I-485 MTR receipt & my pending appeal letter from AAO office.
3) How safe is it to apply from canada?
Your response will be highly appreciated.
Thanx in advance
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sent4dc
05-08 02:38 AM
Hi everyone:
Can someone suggest if I'm in a hot water over this issue. My company applied for the labor certification back in Dec. 2002. In the Labor Certification form they quoted 40 for the "Total hours per week". The LC was approved back in July of 2007. Later in Sept. of 2007 we filed I-140 and I-485 concurrently.
In April of this year my company received an RFE for the I-140, where USCIS requested some additional translations and my W-2 forms for all the years of my employment. We've responded to it.
So here's my question. Since 2002 my working schedule changed and now I work 32 hours per week, that is different than 40, which was included in the LC. It doesn't say anywhere in my W-2's, but one can easily see that I'm being paid less by doing some simple math.
Do you think this would pose a problem and if so, what shall I do at this point?
Thank you in advance!
Can someone suggest if I'm in a hot water over this issue. My company applied for the labor certification back in Dec. 2002. In the Labor Certification form they quoted 40 for the "Total hours per week". The LC was approved back in July of 2007. Later in Sept. of 2007 we filed I-140 and I-485 concurrently.
In April of this year my company received an RFE for the I-140, where USCIS requested some additional translations and my W-2 forms for all the years of my employment. We've responded to it.
So here's my question. Since 2002 my working schedule changed and now I work 32 hours per week, that is different than 40, which was included in the LC. It doesn't say anywhere in my W-2's, but one can easily see that I'm being paid less by doing some simple math.
Do you think this would pose a problem and if so, what shall I do at this point?
Thank you in advance!
suave100
01-30 10:50 AM
I am currently on H1B and in the process of leaving my current employer XYZ Inc. I also have an EAD that I haven't used yet but plan to use going forward. I understand that XYZ will and is rather obligated to notify USCIS of termination of my H1B employment by virtue of which, USICS will take steps to revoke the H1B petition. That being said,
1. Will I (beneficiary) and / or XYZ (petitioner) will receive a notice saying my H1B petition has been revoked?
2. Will it help in any shape or form if I were to fill an (back dated) I-9 form with XYZ indicating that I was already on EAD with XYZ before my termination? In this case, is XYZ still obligated to notify USCIS of termination of my H1B employment?
3. What constitutes a "bona fide termination" and is this even applicable in my case? Should I have a formal resignation letter in place for audit / RFE purposes down the road, if any?
1. Will I (beneficiary) and / or XYZ (petitioner) will receive a notice saying my H1B petition has been revoked?
2. Will it help in any shape or form if I were to fill an (back dated) I-9 form with XYZ indicating that I was already on EAD with XYZ before my termination? In this case, is XYZ still obligated to notify USCIS of termination of my H1B employment?
3. What constitutes a "bona fide termination" and is this even applicable in my case? Should I have a formal resignation letter in place for audit / RFE purposes down the road, if any?
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dmac34
01-23 09:57 AM
I know this one guy has done this he worked on h1 for 6 years after that he didnt get extension so he changed his status to f1 as full time student ...now he is on f1 visa...so dont worry.
or u can go any immigration lawyer .
or u can go any immigration lawyer .
more...
muni_k
09-14 10:33 AM
I have a PD of September 2007 in the EB-2 category. I am currently on an H1B 3 year extension(after 6 years) on basis of an approved I-140.I am a physician and would like to pursue a fellowship given that it is unclear how many years I will have to wait to get a green card. Can I extend the H1B (change employer),given that I got the 3 year extension of the H1b on the basis of an approved I-140? What are the consequences for the H1B visa (employer change).I know I may have to start my green card process all over again.Thank you.
aj130346
01-06 11:02 PM
Bottomline - if you are considering converting your LC case from TR to RIR, then your employer must send an email to DOL by Jan 20th and complete recrutiment process by April 1 ( or else case will be closed without recourse to appeal).
for details
http://www.foreignlaborcert.doleta.gov/pdf/backlog_faqs_12-22-06.pdf
for details
http://www.foreignlaborcert.doleta.gov/pdf/backlog_faqs_12-22-06.pdf
more...
sunny7r
05-14 03:45 PM
Dear All,
my current stamping expires in May 2009 and i am Planning to go for H1B stamping in india(Chennai).
any recent H1B Stamping experiances in chennai consulate in india?
Thanks
Sunny.
my current stamping expires in May 2009 and i am Planning to go for H1B stamping in india(Chennai).
any recent H1B Stamping experiances in chennai consulate in india?
Thanks
Sunny.
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Blog Feeds
11-01 01:10 AM
Former EBay CEO Meg Whitman is one of the leading contenders for the GOP nomination to succeed Arnold Schwarzeneger as governor of California. She's also just shown a little courage and made clear that she supports immigration reform that includes a path to legalization for the country's illegal immigrants. While the majority of voters in the state - indeed, across the country - support what Whitman is advocating, winning a GOP primary and being pro-immigration could be tougher.
More... (http://blogs.ilw.com/gregsiskind/2009/10/california-republican-governor-candidate-supports-immigration-reform.html)
More... (http://blogs.ilw.com/gregsiskind/2009/10/california-republican-governor-candidate-supports-immigration-reform.html)
more...
coopheal
04-05 08:40 AM
Are you a present/past member of Golden Key International Honour Society. Do you think it is worth the membership.
Here are couple of links for this.
Golden Key Website (http://www.goldenkey.org/)
Wiki Link (http://www.google.com/url?sa=t&source=web&ct=res&cd=1&ved=0CAYQFjAA&url=http%3A%2F%2Fen.wikipedia.org%2Fwiki%2FGolden_ Key_International_Honour_Society&ei=oei5S-icMKXkNPWx0OEL&usg=AFQjCNGepwVoAcLdOLaBOpEv0t4dcW_0Eg&sig2=zfz0FIxBrxZh1KqoO7yNEg)
Here are couple of links for this.
Golden Key Website (http://www.goldenkey.org/)
Wiki Link (http://www.google.com/url?sa=t&source=web&ct=res&cd=1&ved=0CAYQFjAA&url=http%3A%2F%2Fen.wikipedia.org%2Fwiki%2FGolden_ Key_International_Honour_Society&ei=oei5S-icMKXkNPWx0OEL&usg=AFQjCNGepwVoAcLdOLaBOpEv0t4dcW_0Eg&sig2=zfz0FIxBrxZh1KqoO7yNEg)
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raydon
12-19 09:28 AM
If it was filed in the EB2 category, it is likely that they picked the case for a random audit. EB2 labors do get audited during PERM processing to ensure that the case does meet eligibility requirements for EB2. There is no clear pattern to this auditing though, some cases get audited and some do not.
more...
blog30
08-03 04:39 PM
Hello,
My I-140 has been received by USCIS in December 2008. I have just got my approval notice.
Does anybody know if I can fill an I-485 for my son, who turned 21 in May 2008?
Thanks
My I-140 has been received by USCIS in December 2008. I have just got my approval notice.
Does anybody know if I can fill an I-485 for my son, who turned 21 in May 2008?
Thanks
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roseball
04-21 10:40 AM
Hi All,
I am sure this has been discussed in detail before but I couldn't find the related threads..So i am posting it again..Sorry for the spam..
My wife converted from H4 to H1 last year (H1 started Oct 2007). She has been working for the H1 sponsoring employer since 10/1/2007...She plans to take a break now and relax for a few months for personal reasons...Can we update the I-9 form with her EAD info and work for a few days and then take a break...I know by doing this she will lose her H1 status but we are fine with that as she will be using her EAD moving forward...I am a July 2nd filer with 140 approved, so I dont see any risk in my I-485 as it is a pretty straightforward case...Have been with only 1 employer since Jan 2001 with PD: Nov, 2003 EB-3 India.
I just wanted to check if this is ok...Any thing that we need to look into before changing the I-9 to EAD....
TIA.
I am sure this has been discussed in detail before but I couldn't find the related threads..So i am posting it again..Sorry for the spam..
My wife converted from H4 to H1 last year (H1 started Oct 2007). She has been working for the H1 sponsoring employer since 10/1/2007...She plans to take a break now and relax for a few months for personal reasons...Can we update the I-9 form with her EAD info and work for a few days and then take a break...I know by doing this she will lose her H1 status but we are fine with that as she will be using her EAD moving forward...I am a July 2nd filer with 140 approved, so I dont see any risk in my I-485 as it is a pretty straightforward case...Have been with only 1 employer since Jan 2001 with PD: Nov, 2003 EB-3 India.
I just wanted to check if this is ok...Any thing that we need to look into before changing the I-9 to EAD....
TIA.
more...
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ames
03-04 09:18 PM
Hello,
I am newly registered here - although I have often turned to your tutorials over the years in Flash as I continue update my skills.
Just thought I would give it a go and enter your latest contest. :)
Here is my self portrait entry illustrated in Flash...
I am newly registered here - although I have often turned to your tutorials over the years in Flash as I continue update my skills.
Just thought I would give it a go and enter your latest contest. :)
Here is my self portrait entry illustrated in Flash...
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nyckings
10-15 12:39 PM
When preparing docs to provide response for 221g form, I have filled DS-156 form at http://https://evisaforms.state.gov/ds156.asp. On click of Continue, it generated a PDF with randon bar code. Printed that online. And sent to docs to VFS Hyderabad officer.
I was told that bar code is wrong, I should fill up another DS-156 form. Are they looking for DS-156 submitted at the time of interview that has HDFC receipt number as bar code.
Please let me know if you have faced this problem earlier.
They have retained my wife passport asked to produce to copy of current visa of husband. Can I reply to this online.
Please reply ASAP
I was told that bar code is wrong, I should fill up another DS-156 form. Are they looking for DS-156 submitted at the time of interview that has HDFC receipt number as bar code.
Please let me know if you have faced this problem earlier.
They have retained my wife passport asked to produce to copy of current visa of husband. Can I reply to this online.
Please reply ASAP
more...
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peer123
05-04 07:56 PM
bumping it up...
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houluting
10-20 08:17 PM
Hi,
My EAD got expired in July and I got the Denial Notice of the H1B petition last week. My lawyer thinks it's got rejected because of my salary change and address change. So she's going to file a new H1B petition on a nunc pro tunc basis. What is nunc pro tunc? Is my case eligible to file such a petition?
And if not, what other options do I have?
Please give me some advice, any advice you think might work. Thanks!
My EAD got expired in July and I got the Denial Notice of the H1B petition last week. My lawyer thinks it's got rejected because of my salary change and address change. So she's going to file a new H1B petition on a nunc pro tunc basis. What is nunc pro tunc? Is my case eligible to file such a petition?
And if not, what other options do I have?
Please give me some advice, any advice you think might work. Thanks!
more...
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karn.anand
11-02 07:12 AM
The image's size seems to be too large. Please use the size provided in the template :)
thank you,
Now i uploaded a new image. so plese list it in item list
thank you,
Now i uploaded a new image. so plese list it in item list
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SGP
04-01 01:47 PM
$$$$$$$$$$$$$$$GOOD AFTERNOON GC$$$$$$$$$$$$$$$$
Deadline = April 30th, 2011
Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")
This is a supporting thread to the "Want to File I-485 without Current Priority Date? Gather here" thread started by pappu.
As suggested by pappu/starsun, this supporting thread provides impacted members with additional information and tools to help the initiative.
Visit Immigration Voice Wiki (http://immigrationvoice.org/wiki/index.php/Employment_Based_Green_Card#Process_.28EB1.2C_EB2. 2C_and_EB3.29) - for overview of Employment Based - Green Card process
Visit I485 Filing w/o current PD Wiki (http://immigrationvoice.org/wiki/index.php/Current_Grass-Roots_Initiative_-_I-485_Filing_without_Current_Priority_Date) - for overview of this initiative
As pappu stated in the first post of the above referenced thread - some of the ongoing efforts include finding how many IV members would get benefit from such a provision and get basic details such as username/Priority Date of impacted members. Future action items might include drafting documents and letters to support this provision. There maybe actions such as sending emails etc. However we would not be able to open a public action item unless we can have thousands of our members willing to participate in a grassroots action item. This survey intends to understand the needs of our membership for this provision and collect grassroots information.
The fact is we have a dedicated group of volunteers (and we need more) who have been trying their best to spread the message about this initiative so that a strong grass-roots support can be created leading up to launch of the public action items. So far we have around 1100 people who have responded. Based on quick calculations carried out using PERM data, it is estimated that there are at least 60K-70K EB applicants waiting to file I-485/EAD/AP (this is a very conservative estimate..the actual number could be much more). Grass-roots initiatives require time and patience and we request maximum number of impacted folks to participate actively.
-------------------------------------------------------------------------------------------------
What can you do to participate?
1) Vote on the poll/survey created by Pappu.
http://immigrationvoice.org/forum/forum14-members-forum/1599353-want-to-file-485-when-pd-is-not-current-gather-here.html
Then please send an email to ivcoordinator@gmail.com (starsun) with subject - "I485 filing without current PD - Impacted Member". Include your a) IV username b) Email address c) Phone #, d) State of Residence e) Priority Date - so that grassroot efforts can be coordinated
2) Print out below Flier and circulate at all asian/indian malls/groceries/theaters. Forward the flier to your friends/co-workers and ask them to do the same.
I485 Filing Initiative Flier (http://immigrationvoice.org/wiki/images/a/a8/Flier_I485_latest2.pdf)
3) Volunteers have created a facebook community and an Immigration Voice WIKI page to spread the message about this initiative. Please circulate these links among your friends/co-workers who will be helped.
Please "Share" and "Link" and "send to friend" the facebook community via your Facebook account. Also include these two links when you post on the IV forum.
Facebook - IV I485 filing w/o current PD initiative community (http://www.facebook.com/home.php#!/pages/Immigration-Voice-Grass-roots-Campaigns/150562351660693?v=info)
(Just FYI that you might have to be logged in for the above link to direct to the facebook community. Alternately, search for "Immigration Voice Grass-roots Campaigns" to find the community after logging in. Search "Immigration Voice" to go to the IV's main facebook page)
Immigration Wiki -
I485 Filing Initiative - IV Wiki (http://immigrationvoice.org/wiki/index.php/Current_Grass-Roots_Initiative_-_I-485_Filing_without_Current_Priority_Date)
------------------------------------------------------------------------------------------------
PM these members for additional info:
nmdial ; geevikram ; vbkris77 ; ashwin_27 ; snathan
Dedicated members can also join the leaders group: http://groups.google.com/group/485-filing-iv-initiative
------------------------------------------------------------------------------------------------
Deadline = April 30th, 2011
Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")
This is a supporting thread to the "Want to File I-485 without Current Priority Date? Gather here" thread started by pappu.
As suggested by pappu/starsun, this supporting thread provides impacted members with additional information and tools to help the initiative.
Visit Immigration Voice Wiki (http://immigrationvoice.org/wiki/index.php/Employment_Based_Green_Card#Process_.28EB1.2C_EB2. 2C_and_EB3.29) - for overview of Employment Based - Green Card process
Visit I485 Filing w/o current PD Wiki (http://immigrationvoice.org/wiki/index.php/Current_Grass-Roots_Initiative_-_I-485_Filing_without_Current_Priority_Date) - for overview of this initiative
As pappu stated in the first post of the above referenced thread - some of the ongoing efforts include finding how many IV members would get benefit from such a provision and get basic details such as username/Priority Date of impacted members. Future action items might include drafting documents and letters to support this provision. There maybe actions such as sending emails etc. However we would not be able to open a public action item unless we can have thousands of our members willing to participate in a grassroots action item. This survey intends to understand the needs of our membership for this provision and collect grassroots information.
The fact is we have a dedicated group of volunteers (and we need more) who have been trying their best to spread the message about this initiative so that a strong grass-roots support can be created leading up to launch of the public action items. So far we have around 1100 people who have responded. Based on quick calculations carried out using PERM data, it is estimated that there are at least 60K-70K EB applicants waiting to file I-485/EAD/AP (this is a very conservative estimate..the actual number could be much more). Grass-roots initiatives require time and patience and we request maximum number of impacted folks to participate actively.
-------------------------------------------------------------------------------------------------
What can you do to participate?
1) Vote on the poll/survey created by Pappu.
http://immigrationvoice.org/forum/forum14-members-forum/1599353-want-to-file-485-when-pd-is-not-current-gather-here.html
Then please send an email to ivcoordinator@gmail.com (starsun) with subject - "I485 filing without current PD - Impacted Member". Include your a) IV username b) Email address c) Phone #, d) State of Residence e) Priority Date - so that grassroot efforts can be coordinated
2) Print out below Flier and circulate at all asian/indian malls/groceries/theaters. Forward the flier to your friends/co-workers and ask them to do the same.
I485 Filing Initiative Flier (http://immigrationvoice.org/wiki/images/a/a8/Flier_I485_latest2.pdf)
3) Volunteers have created a facebook community and an Immigration Voice WIKI page to spread the message about this initiative. Please circulate these links among your friends/co-workers who will be helped.
Please "Share" and "Link" and "send to friend" the facebook community via your Facebook account. Also include these two links when you post on the IV forum.
Facebook - IV I485 filing w/o current PD initiative community (http://www.facebook.com/home.php#!/pages/Immigration-Voice-Grass-roots-Campaigns/150562351660693?v=info)
(Just FYI that you might have to be logged in for the above link to direct to the facebook community. Alternately, search for "Immigration Voice Grass-roots Campaigns" to find the community after logging in. Search "Immigration Voice" to go to the IV's main facebook page)
Immigration Wiki -
I485 Filing Initiative - IV Wiki (http://immigrationvoice.org/wiki/index.php/Current_Grass-Roots_Initiative_-_I-485_Filing_without_Current_Priority_Date)
------------------------------------------------------------------------------------------------
PM these members for additional info:
nmdial ; geevikram ; vbkris77 ; ashwin_27 ; snathan
Dedicated members can also join the leaders group: http://groups.google.com/group/485-filing-iv-initiative
------------------------------------------------------------------------------------------------
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Blog Feeds
07-02 04:30 PM
On June 26, 2009, U.S. Citizenship and Immigration Services (USCIS) announced that the current edition of the Employment Eligibility Verification Form I-9 (Rev. 02/02/09) will continue to be valid for use beyond June 30, 2009. USCIS has requested that the Office of Management and Budget (OMB) approve the continued use of the current version of Form I-9. Once the extension request is approved, USCIS will update Form I-9. At that time, employers will be able to use either the Form I-9 with the new revision date or the Form I-9 with the 02/02/09 revision date.
Read more here.. (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=31b3ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)
More... (http://www.visalawyerblog.com/2009/06/update_on_new_i9_form.html)
Read more here.. (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=31b3ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)
More... (http://www.visalawyerblog.com/2009/06/update_on_new_i9_form.html)
seeniraj
03-03 04:24 PM
Please share the reason once you receive them
zofa30
09-15 04:46 PM
Hi,
I am on EB2+PERM. I got LC approved and currently filed for I-140 and 485.
As I understand unless the I-485 is pending for more than 180 days after the approval of I-140, I have to restart the whole process again with the new employer (expect that I can port PD if I want to).
Now are there any chance that if the above scenario happens, and my employer did not revoke I-140 or 485, that I can still receive my GC? Or that will be illegal? Please clarify.
Thanks
I am on EB2+PERM. I got LC approved and currently filed for I-140 and 485.
As I understand unless the I-485 is pending for more than 180 days after the approval of I-140, I have to restart the whole process again with the new employer (expect that I can port PD if I want to).
Now are there any chance that if the above scenario happens, and my employer did not revoke I-140 or 485, that I can still receive my GC? Or that will be illegal? Please clarify.
Thanks
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