hibworker
12-07 03:42 PM
You don't have to leave the country if your change of status to H1 is approved with a new I-94 attached to it. However, if they approve COS without providing new I-94 then you need to immediately leave the country and re-enter with a new visa stamp.
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gc_on_demand
09-23 07:42 PM
Just read this on another forum.....
http://blogs.ilw.com/gregsiskind/2008/09/menendez-introd.html
Where does that put us considering the house bill didn't even make it to markup today?
I thought it was E-verify and our bill with some sunset bills. Now he excluded those things and added last item which Republicans never supports. So he is making this as suicide bill . This is all about politics. See how they turned back in last minutes. Now they created a image of Immi friendly but eventually they didn't fight for us. Bob was Anti in beginning and he introduce recapture so get our support now after becoming popular among us and our friends , relatives he is officially not stopping bill but killing it.
http://blogs.ilw.com/gregsiskind/2008/09/menendez-introd.html
Where does that put us considering the house bill didn't even make it to markup today?
I thought it was E-verify and our bill with some sunset bills. Now he excluded those things and added last item which Republicans never supports. So he is making this as suicide bill . This is all about politics. See how they turned back in last minutes. Now they created a image of Immi friendly but eventually they didn't fight for us. Bob was Anti in beginning and he introduce recapture so get our support now after becoming popular among us and our friends , relatives he is officially not stopping bill but killing it.
laksmi
01-30 10:51 AM
yes, Better you sponsor
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inskrish
04-03 01:35 PM
Hello all,
I had my 140 reinstated in Feb-09 after it was denied back in 08 (filed motion to reopen). Last week i inquired about the status of my case since my visa category is current (VB 02/2003), I received a letter yesterday informing me that the case is out of the processing date, my 140 priority date is 12/2002. is this a mistake or my priority date has change to feb-09?
Hi,
Processing Date is different from Priority Date. What is your I-485 Receipt Date?
I had my 140 reinstated in Feb-09 after it was denied back in 08 (filed motion to reopen). Last week i inquired about the status of my case since my visa category is current (VB 02/2003), I received a letter yesterday informing me that the case is out of the processing date, my 140 priority date is 12/2002. is this a mistake or my priority date has change to feb-09?
Hi,
Processing Date is different from Priority Date. What is your I-485 Receipt Date?
more...
Ann Ruben
03-11 10:29 AM
Sundarpn,
You are correct that if you do not maintain valid H-1 status your wife will lose legal status in the US. If she pursues a degree as a FULL TIME student she can file for a COS to F-1. As part of that application she will have to document her valid H-4 status by proving that you are in valid H-1 status with current paystubs and/or letter confirming your employment from your H-1 employer. So it would be safest to file the COS while you are still employed.
Hope this helps,
Ann
You are correct that if you do not maintain valid H-1 status your wife will lose legal status in the US. If she pursues a degree as a FULL TIME student she can file for a COS to F-1. As part of that application she will have to document her valid H-4 status by proving that you are in valid H-1 status with current paystubs and/or letter confirming your employment from your H-1 employer. So it would be safest to file the COS while you are still employed.
Hope this helps,
Ann
agc2005
11-16 08:34 AM
Folks
When I sign in to USCIS online status for my 140, I found this
On August 12, 2007, we received this I140 IMMIGRANT PETITION FOR ALIEN WORKER, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we re
....
Is this August 16 receipt date or notice date? I dont remember when my lawyer sent my 140 to USCIS?
STAmisha:
It must be Notice Date, Reciept Date doesn't show on online.
When I sign in to USCIS online status for my 140, I found this
On August 12, 2007, we received this I140 IMMIGRANT PETITION FOR ALIEN WORKER, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we re
....
Is this August 16 receipt date or notice date? I dont remember when my lawyer sent my 140 to USCIS?
STAmisha:
It must be Notice Date, Reciept Date doesn't show on online.
more...
pmat
06-12 10:35 AM
I believe that you can travel to India - no need to worry. You can use your AP while returning - and it will work even if your GC has been approved. I personally saw this working for my friend couple of years back. He and his wife travelled to India - I was checking their mails for them. I received their GC while they were in India. They didn't have any problems in returning using AP.
I would also ask an immigration lawyer to double-check. All the best.
I would also ask an immigration lawyer to double-check. All the best.
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designserve
07-07 02:47 PM
You cant do this...
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krishna_777
05-08 01:42 PM
I am currently on the H1B 7th Year Extension with I-140 Approved stage from the existing company. My Priority date is Oct 2001 under India EB3. I will be moving to the fortune company starting from next month and they are ready to sponsor my green card with existing priority date. I got the copy of the 140 from my existing company and submitted the same to the new one.
Couple of days I read in the immigration articles that EB2 & EB3 dates for India may move little bit during the summer months starting from June. In that case, what are the options available for me for filing I-485 if my dates becomes current.
Can I request my old company to file for I-485 and move to new company on H1?? Or can I contact an attorney for filing my I-485 with my current documentation and work with new company on H1??
Any help and guidence on this is really appreciated. I want to exercise all the possible options when the dates are becoming current for me. If I want to file the green card from the new company, I need to wait for 6 - 9 months. However, they will use the old priority date for filing the Labor & 140.
Please help & guide me on this.
Couple of days I read in the immigration articles that EB2 & EB3 dates for India may move little bit during the summer months starting from June. In that case, what are the options available for me for filing I-485 if my dates becomes current.
Can I request my old company to file for I-485 and move to new company on H1?? Or can I contact an attorney for filing my I-485 with my current documentation and work with new company on H1??
Any help and guidence on this is really appreciated. I want to exercise all the possible options when the dates are becoming current for me. If I want to file the green card from the new company, I need to wait for 6 - 9 months. However, they will use the old priority date for filing the Labor & 140.
Please help & guide me on this.
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bikram_das_in
09-29 10:32 PM
Since USCIS is done with all I-485 cases, should they not allow filing of I-485 when PD is not current? Or at least they should allow filing I-485 for the people who's I-140 is approved and PD is not current.
Should IV core take this up as next high priority admin fix item with USCIS?
Should IV core take this up as next high priority admin fix item with USCIS?
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idlinginc
04-11 11:52 AM
http://immigrationvoice.org/forum/showthread.php?p=57383#post57383
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zoooom
10-29 05:54 PM
Hi ,
One of my friends applied for his GC thru a consulting company which he does not work for...He used to work for the company but left that company before he decided to file with them...Since he has good relations with the company, they decided to file for him.
The company recently filed his I140 but they got a RFE on I140. INS wants to know why does the company want to hire him and why he left the company in the first place..does anyone in the forum has a similar experience to share...The RFE is actually for the conmpany but the owner wants my friend to write a letter and mail it to the lawyer. Any help is appreciated.
One of my friends applied for his GC thru a consulting company which he does not work for...He used to work for the company but left that company before he decided to file with them...Since he has good relations with the company, they decided to file for him.
The company recently filed his I140 but they got a RFE on I140. INS wants to know why does the company want to hire him and why he left the company in the first place..does anyone in the forum has a similar experience to share...The RFE is actually for the conmpany but the owner wants my friend to write a letter and mail it to the lawyer. Any help is appreciated.
more...
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navin80
06-21 04:13 PM
Gurus please advise,
I have a H1b with Company A. It expires in Nov 08.
A couple of months ago I joined company B and they transferred my H1B.
Now if I want to go back to Company A, do I need to transfer my H1B again?
Company A has not cancelled my H1 and I am in good terms with them.
pl. advise
I have a H1b with Company A. It expires in Nov 08.
A couple of months ago I joined company B and they transferred my H1B.
Now if I want to go back to Company A, do I need to transfer my H1B again?
Company A has not cancelled my H1 and I am in good terms with them.
pl. advise
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dvb123
09-07 11:58 AM
Other gurus can answer in a detailed manner. I am going to very short. Chinese Eb3 have filed for an injunction stating that they need to be allocated visa numbers because in 2008 and 2009 they were overlooked because DOS could not count the inventory of EB3 properly.
DOS replied that this kind of injunction would harm other countries ppl. DOS is allowed by law to make reasonable estimates in progressing and degressing priority dates. If some ppl are left behind they cannot do anything.
Here is the part of the law which states that DOS has the authority to do reasonable estimates of priority dates and this is what was stated in the DOS response to the injunction
Congress has expressly
provided that in allocating visa numbers, the Department of State may “make reasonable
estimates.” 8 U.S.C. � 1153(g). In relevant part, Section 1153(g) states:
For purposes of carrying out the Secretary’s responsibilities in the orderly administration
of this section, the Secretary may make reasonable estimates of the anticipated number of
visas to be issued during any quarter of any fiscal year . . . and to rely upon such estimates
in authorizing the issuances of visas.
DOS replied that this kind of injunction would harm other countries ppl. DOS is allowed by law to make reasonable estimates in progressing and degressing priority dates. If some ppl are left behind they cannot do anything.
Here is the part of the law which states that DOS has the authority to do reasonable estimates of priority dates and this is what was stated in the DOS response to the injunction
Congress has expressly
provided that in allocating visa numbers, the Department of State may “make reasonable
estimates.” 8 U.S.C. � 1153(g). In relevant part, Section 1153(g) states:
For purposes of carrying out the Secretary’s responsibilities in the orderly administration
of this section, the Secretary may make reasonable estimates of the anticipated number of
visas to be issued during any quarter of any fiscal year . . . and to rely upon such estimates
in authorizing the issuances of visas.
more...
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beautifulMind
11-02 07:26 PM
HR of my Company screwed up with the content of the EB2 Ad posted in sunday newspaper. To save money they posted a partial AD with a link to the job listing on the companys website saying "Please goto this link for further information".....
Would this be ok?
Would this be ok?
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Madhuri
05-28 06:56 PM
If you are e-filing, answer to Q 15 is not mandatory, so I guess if in doubt it's safe to skip it.
Folks;
Would greatly appreciate your response for following quick inquires;
Q.#11 Dates ... is this the date I signed the I-765 application, or lawyer signed, or the date we mailed or the date USCIS recieved the application?:confused:
Q. #15 Current Immigration Status ... I researched on this forum and concur with those who say AOS.:)
Q.#16 Eligibility under 8 CFR 274a.12 ... Selected (c)(9)(). I filed during July-07 under EB2 category. Also this is what was mentioned on my original I-765 application that had been approved last year.:rolleyes:
Folks;
Would greatly appreciate your response for following quick inquires;
Q.#11 Dates ... is this the date I signed the I-765 application, or lawyer signed, or the date we mailed or the date USCIS recieved the application?:confused:
Q. #15 Current Immigration Status ... I researched on this forum and concur with those who say AOS.:)
Q.#16 Eligibility under 8 CFR 274a.12 ... Selected (c)(9)(). I filed during July-07 under EB2 category. Also this is what was mentioned on my original I-765 application that had been approved last year.:rolleyes:
more...
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gkdgopi
08-06 10:56 AM
forgot to attach my previous employer experience letter
Same happened to me, I waited for RFE and send the experience letters when received RFE, but this can potentially increase your processing time.
Once you receive the receipt number, you could send the copy of experience letters if you are concerned about the processing time, (but that doesn't guarantee that you may not be issued RFE)
Same happened to me, I waited for RFE and send the experience letters when received RFE, but this can potentially increase your processing time.
Once you receive the receipt number, you could send the copy of experience letters if you are concerned about the processing time, (but that doesn't guarantee that you may not be issued RFE)
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guy03062
04-14 01:23 PM
Well, everyone should be proud of IV's great volunteers too who have always proved their consistent success from time to time - though big sucess yet to come! As these volunteers are just like one of us who are working full-time in their job and contribute to IV as and when they can - but I always felt that IV is managed by bunch of full-time professionals with so efficient and accurate manner! Their leading efforts to solve legal immigrant's problems are really commendable!! We are equally graced with great IV members who contributed $$ generously every time (and hope they will keep continue) and helped other way too (e.g. live update of senate sessions, news links, new immigration bills, etc...).
Thanks to everyone. Really proud of being IV member. United we stand!
Thanks to everyone. Really proud of being IV member. United we stand!
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whattodo
06-14 04:21 PM
NIW 140 approved last year. EB1a 140 RFE/485 pending. Can I file a new 485 for NIW? or do I have to withdraw the pending 485 before filing the new 485?
Thanks a lot.
I am in similar boat. What does your lawyer say? I am waiting for my lawyer response. How about option on interfiling NIW 140 with the pending I-485. That is do not file new I-485 but change underlined I-140 in the old one. Ask your lawyer about that and let us also know whats his/her response.
Thanks a lot.
I am in similar boat. What does your lawyer say? I am waiting for my lawyer response. How about option on interfiling NIW 140 with the pending I-485. That is do not file new I-485 but change underlined I-140 in the old one. Ask your lawyer about that and let us also know whats his/her response.
Jagadish1978
07-19 07:56 PM
I have these below queries on Green card processing
My Green card processing background
My labor and I140 are approved and have priority date of May 2006 under EB3 category.
The reason for these questions is that I am planning to change the company that I am working with.
Questions.
1. Can I port the priority date (March 2006) when applying for new green card with new employer.
2. If possible to port the priority date can I apply under EB2 category assuming all other criteria satisfy for EB2 category and use the same (May 2006) priority date.
My Green card processing background
My labor and I140 are approved and have priority date of May 2006 under EB3 category.
The reason for these questions is that I am planning to change the company that I am working with.
Questions.
1. Can I port the priority date (March 2006) when applying for new green card with new employer.
2. If possible to port the priority date can I apply under EB2 category assuming all other criteria satisfy for EB2 category and use the same (May 2006) priority date.
maxy
11-10 09:13 AM
Thanks for your reply.
I thought by using EAD i will save my 6 months on H, incase anything goes wrong with 485 i still hv 6 months on H left.
looks like its a grey area .... will differ it to opinion from any lawyers.
I thought by using EAD i will save my 6 months on H, incase anything goes wrong with 485 i still hv 6 months on H left.
looks like its a grey area .... will differ it to opinion from any lawyers.
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