sparky_jones
10-01 08:22 PM
Yes, being able to produce a complete file with all the paperwork is a pre-requisite for self-represenation. However, if and when you decide to "pull out your G-28", how will you go about making sure that USCIS updates their records to ensure no further correspondence is sent to the attorney? Are you aware of a standard procedure to do that?
Thanks!
I already pllued all of my paperwork from attorney.
You must have at least a copy of all your filing paperwork from Labor Filing till today. This is required when you are filing anything new or responding any RFE, you sould match each and everything on the USCIS records when you are submitting any new paper work as a part of RFE/new application etc.
So, better have a copy of all paprework before..
I dont intend to change my employer/lawyer but just got all original approvals and copy of each and every paperwork from my attorney till date about my GC.. just to be safe..
I can pull out my G28 and be on my own at any time, but still save my ongoing pending petitions..
Thanks!
I already pllued all of my paperwork from attorney.
You must have at least a copy of all your filing paperwork from Labor Filing till today. This is required when you are filing anything new or responding any RFE, you sould match each and everything on the USCIS records when you are submitting any new paper work as a part of RFE/new application etc.
So, better have a copy of all paprework before..
I dont intend to change my employer/lawyer but just got all original approvals and copy of each and every paperwork from my attorney till date about my GC.. just to be safe..
I can pull out my G28 and be on my own at any time, but still save my ongoing pending petitions..
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boston_gc
05-30 08:09 PM
Please help....I am in a little bit precarious situation here...
I am frustrated working for Company A and I have a job offer from Company B..
My question is if
1: my I140 is approved from company A and
2: have H1b extended for 3 years for company A
3: get the H1b transferred over to Company B and then
leave the Company A and join Company B
Now Company A revokes I140
Will by H1B with Company B still valid?
I am frustrated working for Company A and I have a job offer from Company B..
My question is if
1: my I140 is approved from company A and
2: have H1b extended for 3 years for company A
3: get the H1b transferred over to Company B and then
leave the Company A and join Company B
Now Company A revokes I140
Will by H1B with Company B still valid?
ksrk
08-15 02:13 PM
Thank you ksrk for your reply on validity of I-94.
I know I become paroled if i enter using AP.
As my H1 extension is pending.. What happens to my H1B status when I return in following scenareos?
1) If H1 approval comes after I arrive
2) If H1 is approved when I am in India.
Thanks
1) If H1 approval comes through after you arrive in the US AND the attached I-94 is dated after your date of entry, then that I-94 becomes effective and you will be on H1B status in the US.
2) Else, the I-94 you receive when you enter the US becomes effective and you will be a parolee.
-K
DISCLAIMER - Not legal advice. Based on personal anecodes, opinions and preferences.
I know I become paroled if i enter using AP.
As my H1 extension is pending.. What happens to my H1B status when I return in following scenareos?
1) If H1 approval comes after I arrive
2) If H1 is approved when I am in India.
Thanks
1) If H1 approval comes through after you arrive in the US AND the attached I-94 is dated after your date of entry, then that I-94 becomes effective and you will be on H1B status in the US.
2) Else, the I-94 you receive when you enter the US becomes effective and you will be a parolee.
-K
DISCLAIMER - Not legal advice. Based on personal anecodes, opinions and preferences.
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franklin
02-10 04:10 PM
I think it all depends on what the job qualifications required are.
For Eb2, the JOB DESCRIPTION (i.e. - not what your personal qualifications are) you generally need either a masters degree or bachelors with 5+ years experience. Please note, if you are thinking about jumping from EB3 to EB2 at the same company, without a change in job title - it will be tough to now say that your job requires the extra experience.
In addition, if you don't have a master's degree, and are relying on years of experience, you are NOT able to count experience at your current company towards that.
I know, its ridiculous, and basically discourages company loyalty.
Hope this helps
For Eb2, the JOB DESCRIPTION (i.e. - not what your personal qualifications are) you generally need either a masters degree or bachelors with 5+ years experience. Please note, if you are thinking about jumping from EB3 to EB2 at the same company, without a change in job title - it will be tough to now say that your job requires the extra experience.
In addition, if you don't have a master's degree, and are relying on years of experience, you are NOT able to count experience at your current company towards that.
I know, its ridiculous, and basically discourages company loyalty.
Hope this helps
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MetteBB
05-27 05:08 PM
I liked the apple one the best mette. I have added that one up :)
btw: your footer is killing my CPU :P
First of all...thanx!
re your CPU...:huh: How can I fix this? It's a small file (using your very own tut for snow)
/mette
btw: your footer is killing my CPU :P
First of all...thanx!
re your CPU...:huh: How can I fix this? It's a small file (using your very own tut for snow)
/mette
hazishak
09-21 10:44 PM
I got both.
Did everyone get receipt and transfer notice? I ask because I only got Transfer notice, and lawyer is not responding about whether he received a receipt notice(with July 2nd date ) also.
TIA
Did everyone get receipt and transfer notice? I ask because I only got Transfer notice, and lawyer is not responding about whether he received a receipt notice(with July 2nd date ) also.
TIA
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sixpockets
06-20 06:51 PM
Yes, your priority date shud be current when u plan to add ur spouse, otherwise they wont accept the 485 application
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chi_shark
05-18 01:14 PM
Friends,
I am EB2 with Jan 2005 Priority date, I have used AC21 and send documents before through attorney.
For my self
1. Now I got RFE on current employement and offer of proposed employment (description of position) and offered salary
2. Current address proof
For my Spouse
1. Missing G325-A need to submit one (but I did send them initially)
2. Evidence that you maintained non immigrant status
Please let me know if there is any attorney who is good and affordable
Thanks in advance
Shana
did you receive one rfe for both cases or one each for each case?
I am EB2 with Jan 2005 Priority date, I have used AC21 and send documents before through attorney.
For my self
1. Now I got RFE on current employement and offer of proposed employment (description of position) and offered salary
2. Current address proof
For my Spouse
1. Missing G325-A need to submit one (but I did send them initially)
2. Evidence that you maintained non immigrant status
Please let me know if there is any attorney who is good and affordable
Thanks in advance
Shana
did you receive one rfe for both cases or one each for each case?
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prasadn
02-04 08:49 PM
I applied for the I-485 with a notice date of July 3, 2007 (application mailed in June) and paid $180 for the EAD that has a notice date of 07 November 2007 (was not filed concurrently). Do I have to pay the $340 fees to renew it? I went through the instructions and they are confusing as they say I don't need to pay the fees if I file I-485 before July 30, 2007. At another place they say no fees if filed under the fee structure IMPLEMENTED on July 30, 2007. I went through the electronic filing and they don't even ask for the date of I-485 filing, just charge you the $340. Any advice?
If you applied for I-485 on/before August 17th 2007 (Extended deadline after the July 2007 visa bulletin fiasco), you fall into the old fee structure. This means you will have to pay renewal fees for EAD/AP based on your I-485. Hope this helps.
If you applied for I-485 on/before August 17th 2007 (Extended deadline after the July 2007 visa bulletin fiasco), you fall into the old fee structure. This means you will have to pay renewal fees for EAD/AP based on your I-485. Hope this helps.
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nashorn
08-12 03:02 PM
They are still processing application received on July 2nd now. I bet none of the application received on July 3rd and later has not been opened yet. So they are safe.
Yeah so far only TWO notices though. I am seriously beginning to wonder if filers between July 2 - July 17 are actually going to be penalized coz NOTHING in USCIS is ever "FIFO".
Yeah so far only TWO notices though. I am seriously beginning to wonder if filers between July 2 - July 17 are actually going to be penalized coz NOTHING in USCIS is ever "FIFO".
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ghost
09-21 12:04 PM
i kept telling you guys since last week
send faxes to congress /house...it is in the house where bills get structured.
make sure u add only the SKIL bill...just remove cap for ppl with advanced us degrees...that was the only thing the house had agreed to consider
but everyone on this forum ignored me
no it might be too little too late
i am not saying all i slost...atleast we got some action going amongst the members of this site
it aint rocket science guys....think about it from the lawmakers point of view....would they allow for more immigration frindly reforms now....no way...so be ready to compromise and suggest the ones which are truly benefecial to the US economy....
the bottom line was always...borders secure first..then talk about immigration reforms....
for the coming seasons....we have to push for nothing but the SKIL bill
that is the only bill that has hope
the other glimmer of hope in all this is the house has inadverently left out the fact on how they are going to fund the building of the wall
it is here that we step in...
fees for filing I485 for people under SKIL
fees for being able to file 485 before visa numbers
etc etc etc
we have to take advantage of this opportunity
in the mean while....SEND FAXES ABOUT SKIL BILL
You remind me of Katrina fiasco....Red Cross was asking for money and you are bent on sending food and clothes. Let the people in close proximity of washington decide what we need to do at this moment.
send faxes to congress /house...it is in the house where bills get structured.
make sure u add only the SKIL bill...just remove cap for ppl with advanced us degrees...that was the only thing the house had agreed to consider
but everyone on this forum ignored me
no it might be too little too late
i am not saying all i slost...atleast we got some action going amongst the members of this site
it aint rocket science guys....think about it from the lawmakers point of view....would they allow for more immigration frindly reforms now....no way...so be ready to compromise and suggest the ones which are truly benefecial to the US economy....
the bottom line was always...borders secure first..then talk about immigration reforms....
for the coming seasons....we have to push for nothing but the SKIL bill
that is the only bill that has hope
the other glimmer of hope in all this is the house has inadverently left out the fact on how they are going to fund the building of the wall
it is here that we step in...
fees for filing I485 for people under SKIL
fees for being able to file 485 before visa numbers
etc etc etc
we have to take advantage of this opportunity
in the mean while....SEND FAXES ABOUT SKIL BILL
You remind me of Katrina fiasco....Red Cross was asking for money and you are bent on sending food and clothes. Let the people in close proximity of washington decide what we need to do at this moment.
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uscis_prob
07-31 06:17 PM
Hi all,
I have a problem with my I-140. its has been denied. The I-485 frenzy was going on and the attorney is not responding. After follow up I relaized that I got a rfe to show 5 years exp. I have masters degree and 7 years of experience. my experience letter was missed, which had 5 years experience.
the uscis people interpreted requirement wrong as our labor requirement says BS+5 years or MS
They sent rfe for 5 more years despite me having Masters.
The response which my attorney had given was that he has MS and he does not need 5 years experience more to qualify.
I was not in the loop during this process. the web site is not updated too. i got denial last week.
After talking to attorney, he filed motion to reconsider with all the proofs.
its been 10 days, i have not received any notice of receipt yet.
how long does it take to get a receipt.
can i file i-485 now, since my I-140 is applied to reconsider? Is thrre any way out?
I have a problem with my I-140. its has been denied. The I-485 frenzy was going on and the attorney is not responding. After follow up I relaized that I got a rfe to show 5 years exp. I have masters degree and 7 years of experience. my experience letter was missed, which had 5 years experience.
the uscis people interpreted requirement wrong as our labor requirement says BS+5 years or MS
They sent rfe for 5 more years despite me having Masters.
The response which my attorney had given was that he has MS and he does not need 5 years experience more to qualify.
I was not in the loop during this process. the web site is not updated too. i got denial last week.
After talking to attorney, he filed motion to reconsider with all the proofs.
its been 10 days, i have not received any notice of receipt yet.
how long does it take to get a receipt.
can i file i-485 now, since my I-140 is applied to reconsider? Is thrre any way out?
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h12gc
04-30 02:42 AM
Thanks Morcha for your reply.
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michael_trs
11-18 05:08 PM
I have H1 visa and my company started processing my GG. They published some ads, and in August applied for the LC. It turned out that they used EB3. They said that LC would be ready by February next year. Then it will take 4 years minimum for other steps. I was very surprised that I was EB3 but not EB2.
I have couple of questions:
1. How long does it take if to process it using EB3... 4 years, 5 years?
2. How long does it take if to process it using EB2? I am from Russia.
3. Is it possible to switch to EB2 somehow?
4. If I apply one more time now using Eb2, would it be faster? I will lose time for LC processing.
5. At what step of GC processing can I change a compamy that I work for?
Thank you
Michael
I have couple of questions:
1. How long does it take if to process it using EB3... 4 years, 5 years?
2. How long does it take if to process it using EB2? I am from Russia.
3. Is it possible to switch to EB2 somehow?
4. If I apply one more time now using Eb2, would it be faster? I will lose time for LC processing.
5. At what step of GC processing can I change a compamy that I work for?
Thank you
Michael
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krishnam70
05-06 11:52 AM
Here is my story, Immigration experts are requested to suggest.......
My H1 started from Oct 05 with Employer A.
Applied Labor in Feb 07, Approved in Feb 07.
I-140 approved in May 07.
Applied I-485 in July 07, still pending.
EAD, AP received in Oct 07 - Expired in Oct 08 (Never Used)
Renewed EAD in Oct 08, valid till Oct 2010.
In Oct 08 H1 expired (3 years), Employer A filed for extension in Sep 08.
The project with Employer A finished on Nov 22, 08. (on H1)
Started new project with Employer B on EAD from Nov 24, 08.
(AC21 was not filed)
Employer A responded an RFE for H1 extension in Jan 09. (3years of Tax
Returns, W2, etc)
Due to miscommunication between me and Employer A, he was notified of my
new job on EAD with Employer B in march 09.
H1 Extension with Employer A got REJECTED on April 26, 09. Reason - End client
contract not submitted. (It was not mentioned in RFE)
Never filed an AC21.
What should I do now ? Will this H1 extension rejection become an
obstable in getting I-485 approved ? Will there be any problem in getting
third extension of EAD if I-485 is still pending ?
Should I appeal this case by submitting all the end client contracts ? But I have
used EAD ...........I have good relation with Employer A and am assuming he will
not revoke my I-140.
Experts please suggest........
Here is my observation
1. Since your H1 with your original employer A was rejected the next step from your employer would be to revoke the H1 petition ( i am not sure if rejection means automatic revocation)
2. You implicitly used AC21 by moving to a new employer and working on an EAD
3. You could have an issue if, employer A revokes your I140. There is some evidence to suggest that lot of such cases are getting NOID and getting rejected. This is based on readings on this forum in other threads.
4. On the contrary if employer A is not withdrawing your I140 which means he is still willing to support your GC ( implicit meaning is that you will work for him in future). You might get an RFE next time you apply for some renewal or just like that on your 485 asking you for 'proof of employment'. In which case you submit the necessary documentation.
The key here really is to make sure your Employer A does not revoke your I140. I know the advocates of AC21 have been arguing in the other threads that it beats the purpose of Ac21 if USCIS is rejecting such cases but its a grey area and certainly a cause for concern.
- cheers
kris
My H1 started from Oct 05 with Employer A.
Applied Labor in Feb 07, Approved in Feb 07.
I-140 approved in May 07.
Applied I-485 in July 07, still pending.
EAD, AP received in Oct 07 - Expired in Oct 08 (Never Used)
Renewed EAD in Oct 08, valid till Oct 2010.
In Oct 08 H1 expired (3 years), Employer A filed for extension in Sep 08.
The project with Employer A finished on Nov 22, 08. (on H1)
Started new project with Employer B on EAD from Nov 24, 08.
(AC21 was not filed)
Employer A responded an RFE for H1 extension in Jan 09. (3years of Tax
Returns, W2, etc)
Due to miscommunication between me and Employer A, he was notified of my
new job on EAD with Employer B in march 09.
H1 Extension with Employer A got REJECTED on April 26, 09. Reason - End client
contract not submitted. (It was not mentioned in RFE)
Never filed an AC21.
What should I do now ? Will this H1 extension rejection become an
obstable in getting I-485 approved ? Will there be any problem in getting
third extension of EAD if I-485 is still pending ?
Should I appeal this case by submitting all the end client contracts ? But I have
used EAD ...........I have good relation with Employer A and am assuming he will
not revoke my I-140.
Experts please suggest........
Here is my observation
1. Since your H1 with your original employer A was rejected the next step from your employer would be to revoke the H1 petition ( i am not sure if rejection means automatic revocation)
2. You implicitly used AC21 by moving to a new employer and working on an EAD
3. You could have an issue if, employer A revokes your I140. There is some evidence to suggest that lot of such cases are getting NOID and getting rejected. This is based on readings on this forum in other threads.
4. On the contrary if employer A is not withdrawing your I140 which means he is still willing to support your GC ( implicit meaning is that you will work for him in future). You might get an RFE next time you apply for some renewal or just like that on your 485 asking you for 'proof of employment'. In which case you submit the necessary documentation.
The key here really is to make sure your Employer A does not revoke your I140. I know the advocates of AC21 have been arguing in the other threads that it beats the purpose of Ac21 if USCIS is rejecting such cases but its a grey area and certainly a cause for concern.
- cheers
kris
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hdos
06-10 05:00 PM
What if my employer does not respond at all.
What are the chances for the extension? there must be some way.
How can I buy some more time so that I can find some other way around?
What are the chances for the extension? there must be some way.
How can I buy some more time so that I can find some other way around?
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canmt
11-15 01:48 PM
If any established school can prove to USCIS that they have a open position for which the candidate is a great fit and that they are unable to find a qualified teacher in the US (Citizen or Resident) for the same position. Then they can apply for a H1B.
I hope this helps and good luck on your H1B.
I hope this helps and good luck on your H1B.
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orangutan
10-04 03:57 PM
Good, USCIS is working on saturday for you. You are lying again like you did for your visa?
finally approved... got magic emails this morning :D:D
How does one go about canceling the pending EB2-NIW i-485 (possibly get the money back... will be glad to donate it all to IV :D:D)
finally approved... got magic emails this morning :D:D
How does one go about canceling the pending EB2-NIW i-485 (possibly get the money back... will be glad to donate it all to IV :D:D)
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gc_kosam
06-02 04:11 PM
Thanks
What is the basis for the answers? Please provide some reference.
I thought that answer to
Q1: Yes they need to re do I-140
Q2 : Regular timeframe
Guru's can some one give your thoughts to my 2 question (here I am posting my 1st post again for the reference):
My employer filed my I 485 last year during July visa bulletin under EB3. My I 140 is already approved from the same employer. Now my employer is planning to apply for EB2 labor. My queries are
1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application
2) If they apply for new EB2 140...does this invalidate my approved EB3 140 ???
3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster.
What is the basis for the answers? Please provide some reference.
I thought that answer to
Q1: Yes they need to re do I-140
Q2 : Regular timeframe
Guru's can some one give your thoughts to my 2 question (here I am posting my 1st post again for the reference):
My employer filed my I 485 last year during July visa bulletin under EB3. My I 140 is already approved from the same employer. Now my employer is planning to apply for EB2 labor. My queries are
1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application
2) If they apply for new EB2 140...does this invalidate my approved EB3 140 ???
3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster.
meridiani.planum
12-18 11:53 PM
Team,
I need advise. Some should respond to my query. It is still unanswered after 190 views. I need to make some quick decisions. Naukri ka sawaal hai!!
Thanks
I apologize on behalf of all of IV for not having responded to your post even after 190 views. Seeing how much you have contributed to IV in time or money we should all have scrambled to get your highness the answer to your question asap. :rolleyes:
If you had bothered to search these forums you would have got your answers in 5 minutes. However its just easier to ask something and sit there waiting, right? instead of reaching out, researching a bit?
Now that someone has answered your questions, would you consider atleast contributing (http://immigrationvoice.org/forum/showthread.php?t=15905) to IV? The same questions you have asked here, if you ask some of the good lawyers, would have cost you $300!
I need advise. Some should respond to my query. It is still unanswered after 190 views. I need to make some quick decisions. Naukri ka sawaal hai!!
Thanks
I apologize on behalf of all of IV for not having responded to your post even after 190 views. Seeing how much you have contributed to IV in time or money we should all have scrambled to get your highness the answer to your question asap. :rolleyes:
If you had bothered to search these forums you would have got your answers in 5 minutes. However its just easier to ask something and sit there waiting, right? instead of reaching out, researching a bit?
Now that someone has answered your questions, would you consider atleast contributing (http://immigrationvoice.org/forum/showthread.php?t=15905) to IV? The same questions you have asked here, if you ask some of the good lawyers, would have cost you $300!
god_bless_you
03-17 09:23 AM
GREAT !!
Kudos!!
Kudos!!
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