ajju
09-03 10:50 PM
Well, my forms were returned to my attorney because of some filing issue. So instead of my EAD as I was expecting I have to refile. Of course I now have a job offer that I would like to take.
My husband (who is a US citizen) is in school and will be depending on my salary. I dont know if that counts as a big financial loss.
Where can I go to find this out. I think my attorney i doing a less than great job in giving me the proper options to choose from.
Any help would be appreciated.
Check with your lawyer... (not this old one.. who's so forgotful :-))
Get a better lawyer like Murthy or Khanna... if your life depends on it...
My husband (who is a US citizen) is in school and will be depending on my salary. I dont know if that counts as a big financial loss.
Where can I go to find this out. I think my attorney i doing a less than great job in giving me the proper options to choose from.
Any help would be appreciated.
Check with your lawyer... (not this old one.. who's so forgotful :-))
Get a better lawyer like Murthy or Khanna... if your life depends on it...
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4yourforGC
03-20 12:16 PM
my 140 approved and 485 pending over 180 days. now plan to switch job from a big IT company to university (not study, but work in one of dept at Univ), title and job duty will be similar as before, but salary will be lower due to job industry and location changed. does this impact my 485 final approval? thanks
ameryki
05-21 07:46 PM
FWIW as long as you are on H1 I think your family can always get a H4 visa outside the country based on your H1 status and reenter on H4 if that is also being considered.
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pan123
12-29 05:53 PM
Hi,
I applied for H1 last year and got H1 approved for 9 months. (they counted all my stay on H4). Now H1 expired on 25th Nov and applied for H4 on 15th Nov before H1B expires.
I wants to take advantage of New memo of USCIS. Can I apply for H1B with different employer than earlier one while my H4 case is pending?
Or shall I wait until I gets H4 approval and they apply for H1B.
Please help me on this.
Thanks,
I applied for H1 last year and got H1 approved for 9 months. (they counted all my stay on H4). Now H1 expired on 25th Nov and applied for H4 on 15th Nov before H1B expires.
I wants to take advantage of New memo of USCIS. Can I apply for H1B with different employer than earlier one while my H4 case is pending?
Or shall I wait until I gets H4 approval and they apply for H1B.
Please help me on this.
Thanks,
more...
sam_hoosier
12-13 12:57 PM
This was the first time I called up the USCIS help desk (1-800-375-5283) to find about AC21 180 days rule, when she asked what is this for I informed for change of employer.
I would like to know if that statement would be noted and would it create me any problems in future, as of now I don�t have any plans to change employer.
Any suggestions are greatly appreciated.
My Case Details:
PD: EB2- 2006.
I-140 Cleared.
EAD: Received.
FP: Completed
Yes, they would record your call but I dont see it creating any problems in the future as long as you satisfy the AC21 conditions if/when you change jobs.
I would like to know if that statement would be noted and would it create me any problems in future, as of now I don�t have any plans to change employer.
Any suggestions are greatly appreciated.
My Case Details:
PD: EB2- 2006.
I-140 Cleared.
EAD: Received.
FP: Completed
Yes, they would record your call but I dont see it creating any problems in the future as long as you satisfy the AC21 conditions if/when you change jobs.
vphope
03-11 05:51 PM
:D bit late
Mourning is also over..
Mourning is also over..
more...
Blog Feeds
11-08 03:30 PM
Delaware Immigration Lawyer Blog Has Just Posted the Following:
The EB-5 Immigrant Investors Program is recently extended to September 30, 2012. The statutory requiments of the EB-5 visa are burdensom. Approximately only about 1,000 people a year have immigrated in this category -- just one-tenth of the visa available.
For the regular program, the enterprise must (1) be one in which the person has invested at least $1 million (or at least $500,000 if investing in a targeted employment area), (2) benefit the U.S. economy and (3) create full-time employment for at least 10 U.S. workers.
A business can be used for employment-creation classification by more than one investor, provide that each investor has invested the required amount and the creation of 10 full-time jobs may be attributable to each investor.
The investor is required to enter the U.S. to engage in a new commercial enterprise, i.e., the investor must maintain more than a purely passive role in the new enterprise, and he or she must either be involved in the day-to-day managerial control of the commercial enterprise or manage it through policy formulation.
USCIS does not require retention of employees until a reasonalbe time after conditional visa is issued. Normally, a comprehensive business plan supporting the need for 10 employees within the next two years is acceptable.
The procedure to apply begins with submitting initial evidence with an I-526 petition. If the I-526 petition is approved, the investor becomes a conditional resident for two years. After the two years, the investor has to file an I-829 to remove the condition. It must be accompanied by evidence that the individual has invested or was in the process of investing the required captial, and the investment has created 10 full-time jobs.https://blogger.googleusercontent.com/tracker/1142140030762969806-6519671685318254492?l=deimmigration.blogspot.com
More... (http://deimmigration.blogspot.com/2009/11/eb-5-immigrant-investors.html)
The EB-5 Immigrant Investors Program is recently extended to September 30, 2012. The statutory requiments of the EB-5 visa are burdensom. Approximately only about 1,000 people a year have immigrated in this category -- just one-tenth of the visa available.
For the regular program, the enterprise must (1) be one in which the person has invested at least $1 million (or at least $500,000 if investing in a targeted employment area), (2) benefit the U.S. economy and (3) create full-time employment for at least 10 U.S. workers.
A business can be used for employment-creation classification by more than one investor, provide that each investor has invested the required amount and the creation of 10 full-time jobs may be attributable to each investor.
The investor is required to enter the U.S. to engage in a new commercial enterprise, i.e., the investor must maintain more than a purely passive role in the new enterprise, and he or she must either be involved in the day-to-day managerial control of the commercial enterprise or manage it through policy formulation.
USCIS does not require retention of employees until a reasonalbe time after conditional visa is issued. Normally, a comprehensive business plan supporting the need for 10 employees within the next two years is acceptable.
The procedure to apply begins with submitting initial evidence with an I-526 petition. If the I-526 petition is approved, the investor becomes a conditional resident for two years. After the two years, the investor has to file an I-829 to remove the condition. It must be accompanied by evidence that the individual has invested or was in the process of investing the required captial, and the investment has created 10 full-time jobs.https://blogger.googleusercontent.com/tracker/1142140030762969806-6519671685318254492?l=deimmigration.blogspot.com
More... (http://deimmigration.blogspot.com/2009/11/eb-5-immigrant-investors.html)
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bushman06
11-10 08:43 AM
It does not look good. Has been oral arguments for some time now.
Update - �国三类职业移民法律信托基金 (http://www.eb3chinese.org/8.html)
Update - �国三类职业移民法律信托基金 (http://www.eb3chinese.org/8.html)
more...
Legal_In_A_Limbo
03-10 10:07 AM
we are going through it right now.
planning to file g-28 only and not AC-21 letter.
Will wait for a RFE to send a AC-21 letter.
Are you self filling G-28 or doing through another lawyer?
Thanks
planning to file g-28 only and not AC-21 letter.
Will wait for a RFE to send a AC-21 letter.
Are you self filling G-28 or doing through another lawyer?
Thanks
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sathish_gopalan
10-18 12:47 PM
Can anyone please share info on conversion of EB3 to EB2 after applying for 485 ?. Our lawyer now suggests that they cant apply for EB2 and they have to revoke EB3 application.. Is this applicable to even apply for EB2 labor and subsequent I140. I thought we need to revoke 485 only when we are about to apply for new 485. Also, please let me know if we can apply for EB2 when you are in EAD status and has not invoked AC21. Sorry, if this question was already answered in the forum.
more...
jatinr
01-17 11:04 PM
I have received 485 receipts and PD is field is empty. My I-140 which was already approved has the priority date specified in it.
Anyone has this column filled?
Anyone has this column filled?
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cox
June 12th, 2005, 11:52 AM
From these shots, it looks like you made a good investment :)
more...
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srikanth003
02-28 09:47 AM
An expert advice on this would be highly appreciated. Many thanks for your consideration.
- My H1 (I-94) is expiring on 1st week of Jun-2011.
- I am also actively looking to change my employer.
In this case, I am not able to decide on the following,
1. Can I go ahead and file H1 extension with my current employer 'A'?
2. If I happen to get another employer 'B' for H1 transfer, what are the implications if 'A' had already initiated the extension process?
I am very confused on whether to go ahead with my H1 extension. Any quick answer would be highly appreciated, as I am taking my decision (on applying for extension) based on this.
Thanks,
srikanth.
- My H1 (I-94) is expiring on 1st week of Jun-2011.
- I am also actively looking to change my employer.
In this case, I am not able to decide on the following,
1. Can I go ahead and file H1 extension with my current employer 'A'?
2. If I happen to get another employer 'B' for H1 transfer, what are the implications if 'A' had already initiated the extension process?
I am very confused on whether to go ahead with my H1 extension. Any quick answer would be highly appreciated, as I am taking my decision (on applying for extension) based on this.
Thanks,
srikanth.
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GC_LOOKIN
12-10 10:03 PM
Hello Gurus,
I have filed my I485 on July2nd 2007 at NSC , my priority date is June2004 EB3 category.I recently saw 3 LUD's within 1 week timeframe. Is this a good thing or bad thing?? did this happen to anyone?
Appreciate your response.
I have filed my I485 on July2nd 2007 at NSC , my priority date is June2004 EB3 category.I recently saw 3 LUD's within 1 week timeframe. Is this a good thing or bad thing?? did this happen to anyone?
Appreciate your response.
more...
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Blog Feeds
10-28 01:10 PM
AILA Leadership Has Just Posted the Following:
The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determination (http://www.aila.org/content/default.aspx?docid=30320) of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Electrical Helper.
The employer filed a LC (http://www.mvplawgroup.com/greencards.php?action=laborcert) on behalf of an alien worker and in November of 2007, the CO denied the application because he was unable to verify the Employer as a bona fide business entity. The Employer requested reconsideration by submitting its 2006 Federal Corporate Tax Return, its Business Certificate Registration and two utility bills. The Federal Employer Identification Number (FEIN) provided on the 2006 Tax Return only matched the first two digits of the FEIN previously provided on Form ETA 9089. Furthermore, the utility bills and the tax return provided a different address from that on the Business Certificate Registration. Thereafter, the CO issued a letter denying reconsideration because the FEIN on the corporate tax return did not match the FEIN on ETA Form 9089. The CO then forwarded the case to BALCA. The Employer filed a letter stating that its company had two addresses, one for its motor shop and the other for its main office, the CO did not file an appellate brief with the Board.
Upon BALCA review, it was determined that the requirement in ETA Form 9089 requiring submission of a FEIN was fully supported by the regulations and by policy of using the FEIN as a means of verifying whether an employer is a bona fide business entity. An employer MUST possess a valid FEIN when applying for labor certification pursuant to PERM (http://www.mvplawgroup.com/greencards.php?action=permprocess) regulation 20 C.F.R. � 656.3. In the present case, there was a discrepancy in the FEIN provided in ETA Form 9089 and in the 2006 tax return; however, the Employer failed to explain the discrepancy.
Accordingly, since the discrepancy in the FEINS was not clarified, the Board affirmed the CO�s denial of certification.
More... (http://www.h1bvisalawyerblog.com/2009/10/balca_upholds_denial_of_labor_29.html)
The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determination (http://www.aila.org/content/default.aspx?docid=30320) of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Electrical Helper.
The employer filed a LC (http://www.mvplawgroup.com/greencards.php?action=laborcert) on behalf of an alien worker and in November of 2007, the CO denied the application because he was unable to verify the Employer as a bona fide business entity. The Employer requested reconsideration by submitting its 2006 Federal Corporate Tax Return, its Business Certificate Registration and two utility bills. The Federal Employer Identification Number (FEIN) provided on the 2006 Tax Return only matched the first two digits of the FEIN previously provided on Form ETA 9089. Furthermore, the utility bills and the tax return provided a different address from that on the Business Certificate Registration. Thereafter, the CO issued a letter denying reconsideration because the FEIN on the corporate tax return did not match the FEIN on ETA Form 9089. The CO then forwarded the case to BALCA. The Employer filed a letter stating that its company had two addresses, one for its motor shop and the other for its main office, the CO did not file an appellate brief with the Board.
Upon BALCA review, it was determined that the requirement in ETA Form 9089 requiring submission of a FEIN was fully supported by the regulations and by policy of using the FEIN as a means of verifying whether an employer is a bona fide business entity. An employer MUST possess a valid FEIN when applying for labor certification pursuant to PERM (http://www.mvplawgroup.com/greencards.php?action=permprocess) regulation 20 C.F.R. � 656.3. In the present case, there was a discrepancy in the FEIN provided in ETA Form 9089 and in the 2006 tax return; however, the Employer failed to explain the discrepancy.
Accordingly, since the discrepancy in the FEINS was not clarified, the Board affirmed the CO�s denial of certification.
More... (http://www.h1bvisalawyerblog.com/2009/10/balca_upholds_denial_of_labor_29.html)
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DDash
10-27 08:28 PM
Could you share information about your attorney?
If you are case is straight forward and If you are doing H-1 transfer, dont waste money on AC-21. Wait until if and when you get a RFE and respond. Do you need an example of some one who got his GC by not filing but who shifted his residence from east coast to west coast?...you are looking at his message.
Just my 2 cents for what it is worth....
Good luck!
If you are case is straight forward and If you are doing H-1 transfer, dont waste money on AC-21. Wait until if and when you get a RFE and respond. Do you need an example of some one who got his GC by not filing but who shifted his residence from east coast to west coast?...you are looking at his message.
Just my 2 cents for what it is worth....
Good luck!
more...
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anuh1
05-25 01:19 PM
Accoding to my knowledge You need to wait untill it is approved.
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pappu
05-23 08:16 PM
Such half quotes cause more damage than do anything good for us. Maybe they picked up a few sentences rather than displaying the full context. I have not seen the full message. Looking at the quote and paragraph about 'Competing in the 21st Century Economy ' it seems like this argument is for more H1B visas and STEM exemption of H1B visas from its annual 65K quota.
Such messaging actually hurts us. Unless there is mention of 'Greencard' and 'backlog' such general statements would mean H1B to many.
Such messaging actually hurts us. Unless there is mention of 'Greencard' and 'backlog' such general statements would mean H1B to many.
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immigration1234
04-24 02:35 AM
Hi,
I just checked all immigration documents and found that original I797 (H1b approval) is missing. I have a copy but not original. We are travelling to India tomorrow. Is it must that we need to have original I797 at POE or is a copy ok. Appreciate if you could please let us know about this as soon as possible.
Thank you so much.
I just checked all immigration documents and found that original I797 (H1b approval) is missing. I have a copy but not original. We are travelling to India tomorrow. Is it must that we need to have original I797 at POE or is a copy ok. Appreciate if you could please let us know about this as soon as possible.
Thank you so much.
Tigran78
03-11 03:12 PM
Thanks for replying i am really appreciated I know about GC but it will take about 8 month.
I will start process soon.
But I want this happen earlier.
I need some advice what i can do to convince US embassy to approve her visa for now.
I will start process soon.
But I want this happen earlier.
I need some advice what i can do to convince US embassy to approve her visa for now.
chris
11-15 12:07 AM
My PD is current for 12 months (from Oct 2007) .
Today i got reply for my June 2008 service request, saying my back ground check is not cleared :mad:
I know from Infopass that my NC is cleared long back.:)
If your PD is not current cant do any thing but PD is current, contact your local congressman.
Hi All,
I opened a service request with USCIS when my I485 was current in 09/08 and i got response saying that still investigation into my background remains open, so the case is not yet ready for decision. I filed my I 485 in August 2005 and in july 2007(then my file was current) also i was told that the background check is still going on.
Now we know that if it has been more than 180 days after we file I485, no need to wait for background check to process the petetion. My intention is to get my file out of this loop by the time PD becomes current. If any one had this issue and got it resolved, please advise me how i can handle it.
Thanks.
Today i got reply for my June 2008 service request, saying my back ground check is not cleared :mad:
I know from Infopass that my NC is cleared long back.:)
If your PD is not current cant do any thing but PD is current, contact your local congressman.
Hi All,
I opened a service request with USCIS when my I485 was current in 09/08 and i got response saying that still investigation into my background remains open, so the case is not yet ready for decision. I filed my I 485 in August 2005 and in july 2007(then my file was current) also i was told that the background check is still going on.
Now we know that if it has been more than 180 days after we file I485, no need to wait for background check to process the petetion. My intention is to get my file out of this loop by the time PD becomes current. If any one had this issue and got it resolved, please advise me how i can handle it.
Thanks.
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