waitingforead
09-03 04:38 PM
Is there premium processing for I-765 which is t get EAD through marriage.
Of course all the papers are being filed together. But I wanted to know specifically about this one.
I thought I saw it somewhere.
Thanks.
Of course all the papers are being filed together. But I wanted to know specifically about this one.
I thought I saw it somewhere.
Thanks.
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h1techSlave
11-10 10:30 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)
Thanks for the link.
Update - �国三类职业移民法律信托基金 (http://www.eb3chinese.org/8.html)
Thanks for the link.
prioritydate
08-18 05:22 PM
PD is Nov 2004 (transferred from a previous EB2 filing).
RD is July 29, 2007
May be they want to approve your both I-140 and I-485, but I-485 may be missing something, so they issue an RFE. It may be the case that your I-140 can be approved. If it is as simple as Birth Certificate, then they may approve both your I-140 and I-1485 after you reply RFE.
RD is July 29, 2007
May be they want to approve your both I-140 and I-485, but I-485 may be missing something, so they issue an RFE. It may be the case that your I-140 can be approved. If it is as simple as Birth Certificate, then they may approve both your I-140 and I-1485 after you reply RFE.
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uma001
08-31 01:25 PM
My current reporting structure with my employer is:
Client -> Prime Vendor -> Consultant X -> My employer
Another consultant is ready to transfer my visa and the reporting structure there is
Client -> Prime Vendor -> My employer
A prime vendor (not the same client) is also ready to transfer my visa
Client -> My employer
I am planning to transfer it to either (or both) of the above two companies. Will there be a problem in those two companies filing for a tranfer at (approx) the same time?
Is there a way I can ask an attorney directly (I am willing to pay for that service)
Why do you want to transfer to both companies same time? If so, how can you work for both companies same time.
Client -> Prime Vendor -> Consultant X -> My employer
Another consultant is ready to transfer my visa and the reporting structure there is
Client -> Prime Vendor -> My employer
A prime vendor (not the same client) is also ready to transfer my visa
Client -> My employer
I am planning to transfer it to either (or both) of the above two companies. Will there be a problem in those two companies filing for a tranfer at (approx) the same time?
Is there a way I can ask an attorney directly (I am willing to pay for that service)
Why do you want to transfer to both companies same time? If so, how can you work for both companies same time.
more...
Munna Bhai
01-25 08:21 AM
NOPE:(
min GC required:eek:
Is it possible that someone else will sign an NDA and you work on small modules at the background !!
min GC required:eek:
Is it possible that someone else will sign an NDA and you work on small modules at the background !!
Blog Feeds
05-07 02:00 AM
In Franz Kafka's chilling story "The Metamorphosis", a man wakes up one morning to find that he has been transformed into a "gigantic insect". Recently, a California family, all permanent residents for over 30 years, was suddenly informed by the government that they were all illegal aliens and must return to Thailand. Mr. Promsiri entered the United States on a student visa. His wife and two young sons, aged 10 and 3 joined him in 1971. In 1975, the parents obtained a divorce from a Thai Consulate in the U.S. The wife married an American citizen, and the couple honeymooned...
More... (http://blogs.ilw.com/carlshusterman/2009/05/immigrant-familys-kafkaesque-ordeal.html)
More... (http://blogs.ilw.com/carlshusterman/2009/05/immigrant-familys-kafkaesque-ordeal.html)
more...
beautifulMind
04-17 10:35 PM
I am currently on EAD from 485 application (no H1b)..My 485 is applied in eb3 category. Also i-140 is approved.. I have moved to a new position in the same compnay where the job duties are 50% different from the earlier position.The Position also entitles me to start another Green card application under EB2. My QUestion is
Is it possible to apply for another GC in Eb2 and use the EAd status from the Eb3 application? Since I do not have
an h1b my only valid status in US is EAD and 485 from the Eb3 application
Is it possible to apply for another GC in Eb2 and use the EAd status from the Eb3 application? Since I do not have
an h1b my only valid status in US is EAD and 485 from the Eb3 application
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pritesh80
02-06 03:44 PM
Super!! Thanks for your quick response
more...
sam12sa
12-19 01:05 PM
thanks for the response. Hope everything goes fine. I will update you once receive any information.
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Blog Feeds
10-26 11:40 AM
For most Lawyers handing H1B (http://www.h1b.biz/lawyer-attorney-1137085.html)cases, the problem with the Labor Condition Application (LCA) system has become a nightmare. Some cases take almost 14 days to be resolved and the FEIN denials are completely unreasonable.
Finally, the USCIS Ombudsman release a set of recommendations to handle the recent problems.
In August and September 2009, the Ombudsman received complaints concerning H-1B cases with incorrectly denied Labor Condition Applications (LCA/ETA-9035) filed with the U.S. Department of Labor (DOL). LCA processing delays and errors at DOL, when coupled with USCIS� current H-1B petition initial filing requirements, are prejudicing employers and individuals who are unable to timely file original or extension H-1B visa petitions. Untimely H-1B petition filings lead to
problems, including: (1) the potential loss of employees� legal status; (2) business operation disruptions due to the loss of continuity in the employment of key employees; and (3) economic loss to employees in the form of lost wages and costs of travel overseas due to loss of status. USCIS has the authority to mitigate the impact upon these customers.
To mitigate the impact of LCA processing difficulties, the Ombudsman recommends that USCIS:
(1) Reinstate USCIS� previous practice of temporarily accepting an H-1B petition (Form I- 129) supported by proof of timely filing of an LCA application with DOL, and issue a
Request for Evidence (RFE) whereby the H-1B petitioner later provides the certified
LCA; and
(2) Establish a temporary policy under which USCIS would excuse late H-1B filings where the petitioner has documented an LCA submission to DOL that was improperly
rejected.
Given that Form I-129 instructions say a petitioner must provide evidence that an LCA has been filed with DOL, and that USCIS has previously accommodated petitioners in nearly the same circumstances, implementing these recommendations as a temporary solution is warranted. We welcome the above referenced guidance, and hope this will assist many H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) filers that are in need of faster processing.
More... (http://www.visalawyerblog.com/2009/10/h1b_visa_lawyer_temporary_acce.html)
Finally, the USCIS Ombudsman release a set of recommendations to handle the recent problems.
In August and September 2009, the Ombudsman received complaints concerning H-1B cases with incorrectly denied Labor Condition Applications (LCA/ETA-9035) filed with the U.S. Department of Labor (DOL). LCA processing delays and errors at DOL, when coupled with USCIS� current H-1B petition initial filing requirements, are prejudicing employers and individuals who are unable to timely file original or extension H-1B visa petitions. Untimely H-1B petition filings lead to
problems, including: (1) the potential loss of employees� legal status; (2) business operation disruptions due to the loss of continuity in the employment of key employees; and (3) economic loss to employees in the form of lost wages and costs of travel overseas due to loss of status. USCIS has the authority to mitigate the impact upon these customers.
To mitigate the impact of LCA processing difficulties, the Ombudsman recommends that USCIS:
(1) Reinstate USCIS� previous practice of temporarily accepting an H-1B petition (Form I- 129) supported by proof of timely filing of an LCA application with DOL, and issue a
Request for Evidence (RFE) whereby the H-1B petitioner later provides the certified
LCA; and
(2) Establish a temporary policy under which USCIS would excuse late H-1B filings where the petitioner has documented an LCA submission to DOL that was improperly
rejected.
Given that Form I-129 instructions say a petitioner must provide evidence that an LCA has been filed with DOL, and that USCIS has previously accommodated petitioners in nearly the same circumstances, implementing these recommendations as a temporary solution is warranted. We welcome the above referenced guidance, and hope this will assist many H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) filers that are in need of faster processing.
More... (http://www.visalawyerblog.com/2009/10/h1b_visa_lawyer_temporary_acce.html)
more...
lelica32
07-31 08:17 AM
Hi,
I have a question an experts:
Shustermann says that today ist the last day that all the employment- based-preference categories are current (exception unskilled workers). Ok, now he sasy : We recommand that Employers and their attorneys e-filing their I-140 today.
Please explain me if thats so important to file today the I-140 becouse just today the priority date are current.
I dont understand whats has the filing form I-140 to do with the priority Dates. Priority date is the PERM date??
I have a question an experts:
Shustermann says that today ist the last day that all the employment- based-preference categories are current (exception unskilled workers). Ok, now he sasy : We recommand that Employers and their attorneys e-filing their I-140 today.
Please explain me if thats so important to file today the I-140 becouse just today the priority date are current.
I dont understand whats has the filing form I-140 to do with the priority Dates. Priority date is the PERM date??
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smisachu
08-22 04:09 PM
[URL="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1008366"]
Here is the link. Its 194 pages so lets read it and assimilate it. We might be able to use some key points.
Here is the link. Its 194 pages so lets read it and assimilate it. We might be able to use some key points.
more...
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bugsbunny
05-17 01:24 PM
Hi,
I will be done with my second master's this July 29. I have two months grace period to leave the country as I already used my OPT after my first master's. I have a job offer and they are willing to do my H1B which starts from October 2011. But my two months grace period will end this september 29. If my H1B is filed in September under Premium processing, will I be in status or out of status for those two days. Did any one face similar problem before. If so, can you please give me the solution?
Thanks,
KEDoubt
You can extend your F1 status under "cap-gap" relief
USCIS - Extension of Post-Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations</br> Questions and Answers (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d175ffaae4b7210VgnVCM100000082ca60aRCR D&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190a RCRD)
Here is an extract but please read the entire document carefully from the above link
Q4. How does a student covered under the cap-gap extension obtain proof of continuing status?
A4. The student should go to their Designated School Official (DSO) with evidence of a timely filed H-1B petition (indicating a request for change of status rather than for consular processing), such as a copy of the petition and a FedEx, UPS, or USPS Express/certified mail receipt. The student�s DSO will issue a preliminary cap-gap I-20 showing an extension until June 1.
If the H-1B petition is selected for adjudication, the student should return to his or her DSO with a copy of the petitioning employer�s Form I-797, Notice of Action, with a valid receipt number, indicating that the petition was filed and accepted. The student�s DSO will issue a new cap-gap I-20 indicating the continued extension of F-1 status.
I will be done with my second master's this July 29. I have two months grace period to leave the country as I already used my OPT after my first master's. I have a job offer and they are willing to do my H1B which starts from October 2011. But my two months grace period will end this september 29. If my H1B is filed in September under Premium processing, will I be in status or out of status for those two days. Did any one face similar problem before. If so, can you please give me the solution?
Thanks,
KEDoubt
You can extend your F1 status under "cap-gap" relief
USCIS - Extension of Post-Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations</br> Questions and Answers (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d175ffaae4b7210VgnVCM100000082ca60aRCR D&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190a RCRD)
Here is an extract but please read the entire document carefully from the above link
Q4. How does a student covered under the cap-gap extension obtain proof of continuing status?
A4. The student should go to their Designated School Official (DSO) with evidence of a timely filed H-1B petition (indicating a request for change of status rather than for consular processing), such as a copy of the petition and a FedEx, UPS, or USPS Express/certified mail receipt. The student�s DSO will issue a preliminary cap-gap I-20 showing an extension until June 1.
If the H-1B petition is selected for adjudication, the student should return to his or her DSO with a copy of the petitioning employer�s Form I-797, Notice of Action, with a valid receipt number, indicating that the petition was filed and accepted. The student�s DSO will issue a new cap-gap I-20 indicating the continued extension of F-1 status.
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go_guy123
07-28 08:24 PM
fyi
Congress may push India's IT firms to Mexico with H-1B crackdown (http://www.computerworld.com/s/article/9135883/Congress_may_push_India_s_IT_firms_to_Mexico_with_ H_1B_crackdown)
That logic wont sell....sending mexican software engineers to US.
If mexican citziens are sent on TN2 ....well they can also change jobs as well if they are
"used" for 80 hours a week. Murthy is talking from his a**
Congress may push India's IT firms to Mexico with H-1B crackdown (http://www.computerworld.com/s/article/9135883/Congress_may_push_India_s_IT_firms_to_Mexico_with_ H_1B_crackdown)
That logic wont sell....sending mexican software engineers to US.
If mexican citziens are sent on TN2 ....well they can also change jobs as well if they are
"used" for 80 hours a week. Murthy is talking from his a**
more...
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perm2gc
12-09 03:05 AM
Hi,
I am going to get married next week.
I am a H-1b visa holder and I have applied for green card. I am waiting to get approval of I-140.
I want to file the H-4 visa for my wife and I have couple questions :
1) How difficult is to apply for H-4 ? Do I need a lawyer for that ?
2) How will my new status effect my green card application ? Do I need to apply again for I-140 ?
Thank you for your help.
Andrea
1. First time it is always good to approach thru an immigration attorney.
2.No you don't have to.
I am going to get married next week.
I am a H-1b visa holder and I have applied for green card. I am waiting to get approval of I-140.
I want to file the H-4 visa for my wife and I have couple questions :
1) How difficult is to apply for H-4 ? Do I need a lawyer for that ?
2) How will my new status effect my green card application ? Do I need to apply again for I-140 ?
Thank you for your help.
Andrea
1. First time it is always good to approach thru an immigration attorney.
2.No you don't have to.
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PavanV
01-16 11:38 AM
Not sure what your intent is ?, this is a immigration site, you have a green card, and you are asking if it is worth to live here anymore ? are you trying to dissuade people from immigrating ?:eek:
more...
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va_dude
10-05 05:49 PM
I agree with the other post.
You need to make a visit to the nearest uscis office tomorrow morning and give them the details and preferably get that second AP application withdrawn or cancelled or whatever.
Now did you receive just the approval notice for the first AP or did you actually get the AP document? Make sure you got the actual AP document (the one with the photo, etc.).
Good luck. I think you should be fine.
You need to make a visit to the nearest uscis office tomorrow morning and give them the details and preferably get that second AP application withdrawn or cancelled or whatever.
Now did you receive just the approval notice for the first AP or did you actually get the AP document? Make sure you got the actual AP document (the one with the photo, etc.).
Good luck. I think you should be fine.
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SGP
05-19 08:58 AM
My PERM was filed and I got the following email from my lawyers
" Labor Certification by ABC ABC, Inc. on your behalf has been submitted via the Department of Labor�s (DOL) Permanent Online System as of the above date (April 1) . The application will be adjudicated by a National PERM Processing Center. As the DOL does not currently have a processing schedule for PERM applications, we are unable to predict how long processing will take. In the past, PERM applications have been adjudicated anywhere from a few weeks to several months. Unfortunately, there is currently no way for beneficiaries to check the status of the application. We will contact you as soon as we hear anything specific regarding your case. "
1. Is there any place where you can check the status ? Since I do not have any reference number, and from the text of the email, I doubt that.
2. I checked some forums and found that the average processing time is 60 days. Which processing center should I be looking for ? (I work at Oracle in SFO)
1. Your company or attorney can check the status on http://www.plc.doleta.gov/splash.cfm?CFID=2535523&CFTOKEN=89747015. They must have already got the case# for your application.
2. The forums are correct. As of today the processing time is approx 60 days.
" Labor Certification by ABC ABC, Inc. on your behalf has been submitted via the Department of Labor�s (DOL) Permanent Online System as of the above date (April 1) . The application will be adjudicated by a National PERM Processing Center. As the DOL does not currently have a processing schedule for PERM applications, we are unable to predict how long processing will take. In the past, PERM applications have been adjudicated anywhere from a few weeks to several months. Unfortunately, there is currently no way for beneficiaries to check the status of the application. We will contact you as soon as we hear anything specific regarding your case. "
1. Is there any place where you can check the status ? Since I do not have any reference number, and from the text of the email, I doubt that.
2. I checked some forums and found that the average processing time is 60 days. Which processing center should I be looking for ? (I work at Oracle in SFO)
1. Your company or attorney can check the status on http://www.plc.doleta.gov/splash.cfm?CFID=2535523&CFTOKEN=89747015. They must have already got the case# for your application.
2. The forums are correct. As of today the processing time is approx 60 days.
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Saralayar
03-14 09:41 AM
Hello
My Labor approved in May 2007, Still i didn't received my Labor Hard Copy.
Anyone in same boat??:eek:
You will not get a hard copy. The approval goes electronically to your company attorney. Then your company will send you some papers to be signed by you and then they will file the I-140.
My Labor approved in May 2007, Still i didn't received my Labor Hard Copy.
Anyone in same boat??:eek:
You will not get a hard copy. The approval goes electronically to your company attorney. Then your company will send you some papers to be signed by you and then they will file the I-140.
harryom
03-24 02:05 PM
:mad:
I just got me H1B approval Notice and copy of I0129 petition. There is nothing wrong with approval bu I notice few things and have few concern questions to the group if some one had similar experience in the past:
1. Passport number was not correctly typed in form I-129 (however copies passport were sent along with the forms by immigration dept)
2. My Alien number does not show up in 797A approval notice as I have pending 485.
3. The I-94# on passport card does not match with the one on new approval notice.
Now My questions is :
Do I need to get this passport#(1) typo fixed now or its ok?
Is it ok not have A# updated in H1B Approval Notice? My wife's H4 have her A#.
Do I need to get my I-94# matched with the one I had in my previous notice and A/D card stapled in passport?
All this happened due to mistakes commited by our Immigration/attorney.Now she is not ready to listen and asks me to call customer service as she thinks its not her problem.
Any suggestions/experience are apreciated.
Thanks
PD Sept 2004
I-485 pending
I-140 pending
EAD pending
AP approved
I just got me H1B approval Notice and copy of I0129 petition. There is nothing wrong with approval bu I notice few things and have few concern questions to the group if some one had similar experience in the past:
1. Passport number was not correctly typed in form I-129 (however copies passport were sent along with the forms by immigration dept)
2. My Alien number does not show up in 797A approval notice as I have pending 485.
3. The I-94# on passport card does not match with the one on new approval notice.
Now My questions is :
Do I need to get this passport#(1) typo fixed now or its ok?
Is it ok not have A# updated in H1B Approval Notice? My wife's H4 have her A#.
Do I need to get my I-94# matched with the one I had in my previous notice and A/D card stapled in passport?
All this happened due to mistakes commited by our Immigration/attorney.Now she is not ready to listen and asks me to call customer service as she thinks its not her problem.
Any suggestions/experience are apreciated.
Thanks
PD Sept 2004
I-485 pending
I-140 pending
EAD pending
AP approved
sorcerer666
10-06 02:06 AM
Exactly my thoughts, that means we can work remotely :)
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