continuedProgress
08-04 02:20 PM
I had applied I485 via my previous employer in 2007 under EB3.
I am planning to upgrade to EB2 by applying new Labor Cert and I140 via my current employer.
Do I need to file a fresh I485 again?
I am planning to upgrade to EB2 by applying new Labor Cert and I140 via my current employer.
Do I need to file a fresh I485 again?
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mp70
07-01 03:41 AM
We got H-1B 7th year extension approved (through Premium processing) at CSC on 06/12/2008. The extension of stay was also approved. We received the I-797C (courtesy copy) and travelled to India with it (along with all the relevant documentation for the H-1B visa stamping) at Chennai. We now realize that we need to I-797A and for some reason the company's legal dept did not receive this yet. The legal dept usually receives both I-797A and I-797C. The chennai consulate does not accept I-797C for stamping.
What are our options here. Though I-140 is approved and I-485 is pending for us, I had not applied for EAD/AP since I plan to continue with my current employer (agreed it was a mistake that I did not apply for the AP). I am with my family now here in Chennai and have to return to the US at the end of July. Will the USCIS send us a duplicate since we never received the original I-797A. The other option is to file I-824 but the processing time is crazy long. Is their expedited processing available for this due to the urgency of the situation? Please help with your valuable inputs.
Thanks. MP70
What are our options here. Though I-140 is approved and I-485 is pending for us, I had not applied for EAD/AP since I plan to continue with my current employer (agreed it was a mistake that I did not apply for the AP). I am with my family now here in Chennai and have to return to the US at the end of July. Will the USCIS send us a duplicate since we never received the original I-797A. The other option is to file I-824 but the processing time is crazy long. Is their expedited processing available for this due to the urgency of the situation? Please help with your valuable inputs.
Thanks. MP70
Bharat123
07-27 10:57 PM
My spouse has applied for her COS and has already received the approval (I797) for the H4.
Thank you. Appreciate your help.
Thank you. Appreciate your help.
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gcfriend65
10-11 04:09 PM
How much time does it take on an average to generate a FP notice from the receipt notice date and when does the actual FP take place?
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eb3retro
07-10 09:31 AM
Hello All,
I have couple of questions regarding Travel Document or Advance Parole.
My EAD has already been filed by my Lawyer but she is charging too much for filing Advance Parole or Travel Document,so here goes my questions.
- Is there a way to file for Travel Document myself, without involving the lawyer and if yes how can i do that
- Do I need to wait for my EAD Receipt being sent to me before filing for Travel Document.
i did this exactly, where my lawyer filed my ead, but i filed my ap myself. all u need is i-485 receipt copy.
I have couple of questions regarding Travel Document or Advance Parole.
My EAD has already been filed by my Lawyer but she is charging too much for filing Advance Parole or Travel Document,so here goes my questions.
- Is there a way to file for Travel Document myself, without involving the lawyer and if yes how can i do that
- Do I need to wait for my EAD Receipt being sent to me before filing for Travel Document.
i did this exactly, where my lawyer filed my ead, but i filed my ap myself. all u need is i-485 receipt copy.
Cheran
07-02 09:47 AM
Consulting company doing it for a cost? Sorry, I did not understand. Why do we need consulting company? What costs?
Any legitimate company should be able to port the PD from an approved I-140 as long as it is allowed.
The plan is to continue working for my current company. I want to use some consulting firm, to file my labor and the whole 9 yards using my current priority date. I dont want to join them. I dont think they will do it for free, if I dont plan on working for them?
Any legitimate company should be able to port the PD from an approved I-140 as long as it is allowed.
The plan is to continue working for my current company. I want to use some consulting firm, to file my labor and the whole 9 yards using my current priority date. I dont want to join them. I dont think they will do it for free, if I dont plan on working for them?
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RNGC
02-09 05:23 PM
Hello NC-ians,
I recently moved to NC, Used AP to for travel and the stamp in the I-94 says AP valid till May 2009, Have a approved I-797 H1 till 2011, also have EAD valid till 2010, what do they need to issue new license from outofstate person ?
Please share your experience.
Thanks,
I recently moved to NC, Used AP to for travel and the stamp in the I-94 says AP valid till May 2009, Have a approved I-797 H1 till 2011, also have EAD valid till 2010, what do they need to issue new license from outofstate person ?
Please share your experience.
Thanks,
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ImmInd
03-20 10:02 AM
Yes, Travel via London needs:
EITHER Valid Visa stamping in Passport to Destination Country
OR Direct-Air-Transit UK Visa stamping in Passport
Advance Parole is really a valid Entry Permit - but, it has a class about the officer may still deny your admission. This class is a statement to send the candidate back if they do not want to allow due to some issues after the AP is issued, etc. So, some countries (like UK) do not allow to fly in AP without valid visa stamping.
FYI: My friend travelled via Germany and he returned back OK. Going to India via Germany is not an issue for Indian Citizens - but, Germany had the same rule as UK 2 Yrs back for returning to USA sector. Looks like, Germany allows transit travel using APs now-a-days. Not sure 100% about return to USA using AP , better to check.
EITHER Valid Visa stamping in Passport to Destination Country
OR Direct-Air-Transit UK Visa stamping in Passport
Advance Parole is really a valid Entry Permit - but, it has a class about the officer may still deny your admission. This class is a statement to send the candidate back if they do not want to allow due to some issues after the AP is issued, etc. So, some countries (like UK) do not allow to fly in AP without valid visa stamping.
FYI: My friend travelled via Germany and he returned back OK. Going to India via Germany is not an issue for Indian Citizens - but, Germany had the same rule as UK 2 Yrs back for returning to USA sector. Looks like, Germany allows transit travel using APs now-a-days. Not sure 100% about return to USA using AP , better to check.
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alex77
03-09 02:56 PM
http://www.ehow.com/how_4744719_file-taxes-w-form.html
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Sushana
01-15 07:52 AM
Hi,
I initially got my H1 B approved under the quota for 2006 but later on moved on to work for a non profit organization on H1B. Now I am offered a job at a for profit company A, can I just transfer my non profit H1B to a for profit H1B(since I have already been counted under the H1-B visa quota for 2006) or I have to again go through the new H1 B visa quota for 2008-2009.
Thanks in advance for your guidance.
I initially got my H1 B approved under the quota for 2006 but later on moved on to work for a non profit organization on H1B. Now I am offered a job at a for profit company A, can I just transfer my non profit H1B to a for profit H1B(since I have already been counted under the H1-B visa quota for 2006) or I have to again go through the new H1 B visa quota for 2008-2009.
Thanks in advance for your guidance.
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peekay
02-17 09:35 AM
Hello All,
I am going to India and have to go for stamping. I come under Chennai consular district but planning to go to Delhi because of high rejection rate in Chennai.
First thing, I am not sure if I can go to Delhi when I come under Chennai consular district.
Second thing is, should there be a valid reason with supporting documents for attending the visa appointment in Delhi instead of Chennai.
Your thoughts and experiences on the above points would be very helpul for me in resolving this issue. Thanks a lot.
I am going to India and have to go for stamping. I come under Chennai consular district but planning to go to Delhi because of high rejection rate in Chennai.
First thing, I am not sure if I can go to Delhi when I come under Chennai consular district.
Second thing is, should there be a valid reason with supporting documents for attending the visa appointment in Delhi instead of Chennai.
Your thoughts and experiences on the above points would be very helpul for me in resolving this issue. Thanks a lot.
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loku
08-16 08:04 PM
I was on H-1 and got laid off on July 23. I filed for COS to H4 online on the same day and got the electronic receipt the same day. As I had filed I-539 after work hours, the receipt shows that USCIS received my application on July 26 instead of 23. I got the paper receipt in next 3 days. I hope this will not create any problems as my employer sent notification to USCIS on July 31 and I received my last paystub on July 31 though it was only till July 23. I have been working in US with good status for last 5 years.
Now I have some questions. Any help is greatly appreciated:
1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.
Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?
2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?
3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
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Now I have some questions. Any help is greatly appreciated:
1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.
Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?
2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?
3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
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Ann Ruben
10-22 12:26 PM
Kuyt,
As a general rule, the person or entity petitioning for (sponsoring) a person (beneficiary) for lawful US immigration status must be a legal resident, asylee, refugee or citizen of the US up to and including the point in time that the beneficiary is granted lawful status. There are possible exceptions to this rule. To provide advice regarding your situation more information is necessary:
What is the sponsor's current US immigration status? What is the nature of the potential criminal conviction? Is the person being sponsored the principal beneficiary of an immigrant petition or is s/he a derivative beneficiary because the "sponsor" is actually the principal beneficiary? Is the immigrant petition employment based? Family based?
As a general rule, the person or entity petitioning for (sponsoring) a person (beneficiary) for lawful US immigration status must be a legal resident, asylee, refugee or citizen of the US up to and including the point in time that the beneficiary is granted lawful status. There are possible exceptions to this rule. To provide advice regarding your situation more information is necessary:
What is the sponsor's current US immigration status? What is the nature of the potential criminal conviction? Is the person being sponsored the principal beneficiary of an immigrant petition or is s/he a derivative beneficiary because the "sponsor" is actually the principal beneficiary? Is the immigrant petition employment based? Family based?
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bkarnik
10-26 10:03 AM
I would refer you to the Sept. Attorney call transcript under the Members only section. I believe this question or something similar was answered there by Sonal Verma. In a nutshell, if the job requires higher qualifications that satisfy EB2 requirements only then can the petition be filed under EB2. That being said, the education equivalency may make your case a bit difficult because as per the transcript, the USCIS of late has been taking a stance that a combination of degrees will not be considered as equivalent to a US Bachelors or Masters.
Please refer to the transcript and if you are not satisfied, please submit your question for the next attorney conference call.
Please refer to the transcript and if you are not satisfied, please submit your question for the next attorney conference call.
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MA001
12-18 01:10 PM
My company wants me to relocate to another state. Because of which I need to re apply for new LC for green card processing. My current approved LC is EB3. My question: To be able to apply for EB2 position, can I use training & experience gained in my current company?
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rockstart
11-18 01:53 PM
Most of these employers have a standard templates for H1 application and all they do is FIND & REPLACE to modify it to suit each individual applicant. In my case the person who was modifying it for me changed my Name in most places except one place where it was still saying the name of some other person. So the application was like this
This is visa petition for Mr XXX ..............
Mr XXX has degree in MS Comp Sci and Mr ABC has finished his undergraduate in .....
I had not seen this till the day I was leaving for Canada for my stamping & I panicked but then there was not much I could do so I decided to take a chance and the VO did not ask me for the petition and even if he has I am not sure how keenly he would have read it. It was a genune oversight not any falsification and definately I was not to be held responsible. But in your case since it is degree issue it is better to talk to a lawyer though statistically VO does not have time to read through the visa peition its just too long for the time they have allocated for the interview.
This is visa petition for Mr XXX ..............
Mr XXX has degree in MS Comp Sci and Mr ABC has finished his undergraduate in .....
I had not seen this till the day I was leaving for Canada for my stamping & I panicked but then there was not much I could do so I decided to take a chance and the VO did not ask me for the petition and even if he has I am not sure how keenly he would have read it. It was a genune oversight not any falsification and definately I was not to be held responsible. But in your case since it is degree issue it is better to talk to a lawyer though statistically VO does not have time to read through the visa peition its just too long for the time they have allocated for the interview.
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glus
10-25 07:34 AM
The law does not allow for this. One can only transfer employment-based pd to employment based priority date. One can't transfer family based PD to employment based PD and vice versa.
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gcworkaround
11-26 01:32 PM
Just wondering if anybody is giving up hopes of GC and switching from H1B to E3D (Dependent of Australian spouse) to take advantage of 2-yr renewable EADs...? How long does it take to get the initial EAD...Continue working without pay (or is there a workaround) while waiting for EAD?....any problems getting visa stamped with a 'yes' for past immigrant petition filed...
7yrs in this country...EB2 PD of 10/07 due to job changes..no 140 yet, no 485...6yrs in same job? no promotions? with 3yr extensions...frustration beyond words...E3D seems to a ray of hope but no idea of complications involved.
7yrs in this country...EB2 PD of 10/07 due to job changes..no 140 yet, no 485...6yrs in same job? no promotions? with 3yr extensions...frustration beyond words...E3D seems to a ray of hope but no idea of complications involved.
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snathan
04-08 08:41 AM
I am a resident working on H1b. Got married and wife joined me in July 2010.
1. First question in the ITIN form w-7 is: Reason you are submitting Form W-7. (there are couple of options)
Is the option in my case: "Spouse of U.S. citizen/resident alien"? (and it asks for the resident's i.e. my name and SSN.)
What are the other options
2. Item 6d. "Identification documents submitted" ?
Options are for passport, Divers License, USCIS documentation.
My wife has all the three. Her H4 visa is stamped and valid. What all should I submit?
Notorized copy of the passport which shows the valid visa...
Thx
.
1. First question in the ITIN form w-7 is: Reason you are submitting Form W-7. (there are couple of options)
Is the option in my case: "Spouse of U.S. citizen/resident alien"? (and it asks for the resident's i.e. my name and SSN.)
What are the other options
2. Item 6d. "Identification documents submitted" ?
Options are for passport, Divers License, USCIS documentation.
My wife has all the three. Her H4 visa is stamped and valid. What all should I submit?
Notorized copy of the passport which shows the valid visa...
Thx
.
siddh_g
05-06 03:05 PM
Hello,
My wife and I have a pending AOS, and have our EADs.
My priority date for EB-2 is September 2004.
I plan to go back to school in Spain - starting November 2009. The program ends in December 2010. However, my EAD expires October 2010.
Is there anything I can do to keep my GC processing on track? Can I renew my EAD while I'm in Spain?
Thank you,
Sidd.
My wife and I have a pending AOS, and have our EADs.
My priority date for EB-2 is September 2004.
I plan to go back to school in Spain - starting November 2009. The program ends in December 2010. However, my EAD expires October 2010.
Is there anything I can do to keep my GC processing on track? Can I renew my EAD while I'm in Spain?
Thank you,
Sidd.
deardar
04-20 11:19 AM
I entered into my 7th year few months ago and I have an approved I-140 and also 3 year extension.
I dont have any documents of my approved labour or I-140 and I dont expect to get it from my employer either.
Q1) In case I change my employer and go for stamping, will he ask me for any of the above documents as approved I-140 or Labour?
q2) In case I happen to start my GC process again( assuming in yr 2007 in EB3), will how long will it take ( approx) for my PD to become current ?
I dont have any documents of my approved labour or I-140 and I dont expect to get it from my employer either.
Q1) In case I change my employer and go for stamping, will he ask me for any of the above documents as approved I-140 or Labour?
q2) In case I happen to start my GC process again( assuming in yr 2007 in EB3), will how long will it take ( approx) for my PD to become current ?
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