rajuseattle
09-07 08:26 PM
this is old information, this is the same old page they had prior to suspension of I-140 PP service.
thanks.
thanks.
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psgprasad
03-05 10:49 AM
My 140 was denied based on the filing was Eb2 but job requirement only fits in eb3.
I filed my appeal with a new 140 on the same labor in Eb3, and in my Motion to Reopen specified to consider my old application in eb3 but if they will not to atleast consider my new application. This was an year back and I have filed premium, my new 140 was approved in 3 days, old one went AAO, but we withdrew the old one.
Talk to a good attorney, I consulted Aron Finkelstein in Murthy law firm. They were nominal and excellent customer support.
I filed my appeal with a new 140 on the same labor in Eb3, and in my Motion to Reopen specified to consider my old application in eb3 but if they will not to atleast consider my new application. This was an year back and I have filed premium, my new 140 was approved in 3 days, old one went AAO, but we withdrew the old one.
Talk to a good attorney, I consulted Aron Finkelstein in Murthy law firm. They were nominal and excellent customer support.
AllVNeedGcPc
05-21 10:33 AM
As long as you have your returning documents, i.e. AP for yourself and valid unexpired visa for your wife you should be OK.
Just use AVR (search online and print the rules). This way you can return on same I-94 within next 30 days.
We used it when we did our landing back in 2008.
Hello
My wife and I will be Canadian Permanent Residents in a few months. I am on EAD with I485 pending and have AP. She is on H1B
We will need to Travel to Canada for Immigrant Landing formalities after we get PR.
How can we enter back in US so that my AOS and her H1B Status is not affected?
Thanks
Just use AVR (search online and print the rules). This way you can return on same I-94 within next 30 days.
We used it when we did our landing back in 2008.
Hello
My wife and I will be Canadian Permanent Residents in a few months. I am on EAD with I485 pending and have AP. She is on H1B
We will need to Travel to Canada for Immigrant Landing formalities after we get PR.
How can we enter back in US so that my AOS and her H1B Status is not affected?
Thanks
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USABrightFuture
03-01 11:19 AM
I applied for H1b visa transferred in Nov 08 inspite of not having recent pay stubs. After applying transfer, I started working for new employer.
Last week I got query from USCIS asking my latest pay stubs (Oct 08) and yesterday I got Laid off from my new job after working for 4 months (till Feb 09).
My husband is on L1B visa.
In my case
1. Shall I consider transferring to L2? for this do I need to go to my home country (India) for L2 stamp?
2. If COS to L2 is approved, Can I work on my old H1B again if I find an employer who is ready for transfer?
3. If I travel to my home country(India), will my H1B visa be cancelled? as currently i don't have any H1B approval.
4. Whether the Request For Evidence(REF) on my H1B transfer will have any implication on L2 stamping?
Please help ..
Regards ...
Last week I got query from USCIS asking my latest pay stubs (Oct 08) and yesterday I got Laid off from my new job after working for 4 months (till Feb 09).
My husband is on L1B visa.
In my case
1. Shall I consider transferring to L2? for this do I need to go to my home country (India) for L2 stamp?
2. If COS to L2 is approved, Can I work on my old H1B again if I find an employer who is ready for transfer?
3. If I travel to my home country(India), will my H1B visa be cancelled? as currently i don't have any H1B approval.
4. Whether the Request For Evidence(REF) on my H1B transfer will have any implication on L2 stamping?
Please help ..
Regards ...
more...
imneedy
05-20 11:27 PM
Hi all,
I submitted an application via premium processing for EB-1a with USCIS at the Texas Premium Processing Centre last month (April 2007).
I received an RFE notification via letter after two weeks listing the requirement of further evidence against 3 out of the 8 criteria I submitted.
I can submit further evidence - but my question is this ... "Why have they not made mention of the other 5 criteria I submitted" ? Has this failed ? Do they not matter ?. I am quite concerned because they have not made any mention of my other criteria ? Does anyone have any advice.
Thanks in advance.
There is a complete black box on the other side and you should be prepared for all 8 in case a query comes. good luck!
I submitted an application via premium processing for EB-1a with USCIS at the Texas Premium Processing Centre last month (April 2007).
I received an RFE notification via letter after two weeks listing the requirement of further evidence against 3 out of the 8 criteria I submitted.
I can submit further evidence - but my question is this ... "Why have they not made mention of the other 5 criteria I submitted" ? Has this failed ? Do they not matter ?. I am quite concerned because they have not made any mention of my other criteria ? Does anyone have any advice.
Thanks in advance.
There is a complete black box on the other side and you should be prepared for all 8 in case a query comes. good luck!
Blog Feeds
06-26 01:40 AM
Aliens who married or had children before the date of obtaining permanent residency can possibly confer �following-to-join� benefits to their family members. Due to this process, spouses and children will be able to receive green cards quickly. �Following-to join� is not family based immigration, but is similar to a child/spouse receiving derivative benefits based on a primary LPR�s immigration petition.
Here are the following requirements to be met in order for a spouse or child to qualify under �following-to-join�:
1. The LPR must have adjusted status or obtained an immigrant visa through a preference category (family or employment based) or diversity lottery. A LPR�s visa number must also be current in order for a family member to receive �following-to-join�.
2. The petitioner married/had children before becoming a permanent resident and the relationship between the permanent resident and spouse/child is intact at the time of filing. Children of LPRs must be unmarried and under the age of 21. Furthermore, the child/step-child must be from an existing marriage before the LPR obtained permanent residency.
�Following-to-join� is convenient because it allows primary beneficiaries to do away with filing a separate I-130 for their spouse or child, greatly expediting the green card approval process. Furthermore, spouses and children of LPRs do not have to wait for a visa number to become available. Where a LPR�s spouse or child currently resides affects what procedures he/she needs to follow. If ones spouse and/or child are already in the United States, they may apply for adjustment of status (I-485) based on �following-to-join� and if they are outside of the United States then LPRs need to inform a U.S. consulate of their lawful permanent residency status in order for their family members to apply for an immigrant visa.
More... (http://www.visalawyerblog.com/2010/06/criteria_to_be_entitled_for_th.html)
Here are the following requirements to be met in order for a spouse or child to qualify under �following-to-join�:
1. The LPR must have adjusted status or obtained an immigrant visa through a preference category (family or employment based) or diversity lottery. A LPR�s visa number must also be current in order for a family member to receive �following-to-join�.
2. The petitioner married/had children before becoming a permanent resident and the relationship between the permanent resident and spouse/child is intact at the time of filing. Children of LPRs must be unmarried and under the age of 21. Furthermore, the child/step-child must be from an existing marriage before the LPR obtained permanent residency.
�Following-to-join� is convenient because it allows primary beneficiaries to do away with filing a separate I-130 for their spouse or child, greatly expediting the green card approval process. Furthermore, spouses and children of LPRs do not have to wait for a visa number to become available. Where a LPR�s spouse or child currently resides affects what procedures he/she needs to follow. If ones spouse and/or child are already in the United States, they may apply for adjustment of status (I-485) based on �following-to-join� and if they are outside of the United States then LPRs need to inform a U.S. consulate of their lawful permanent residency status in order for their family members to apply for an immigrant visa.
More... (http://www.visalawyerblog.com/2010/06/criteria_to_be_entitled_for_th.html)
more...
f1h1bgc
12-26 11:20 AM
Hello! I am new to this forum. This is a dumb question, but how do you view the attachments?
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syzygy
02-12 02:59 PM
I worked with company A for 6 months and then transferred H1B to new company B with whom I worked for 1.5 years. Meanwhile company A did not cancel my H1B and now when I am thinking of joining company A. Can we use older H1B petition. Is it ok to use older H1B petition or should we cancel older H1B on file and file new H1B transfer?
Thanks
Thanks
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siravi
10-17 07:32 PM
NY members interested in the luncheon are most welcome
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vbkris77
07-24 10:06 AM
Hello,
Can Team-IV go to USCIS as a group to ask them to clear the I140s pending quickly. This way, we can ask CIS to follow the FIFO rule.
If they can clear 100+K I129s in 6 months, Why can't they do the same for I140s??. I think there are about
135K pending I140s in CIS (Source immigration-law.com).
That would equate to 340K I485s pending. Even if I consider 10% as duplicates(No Source, just estimate), we will still get about 300K I1485s in the processing queue. This way, everybody will know which category is backlogged and plan accordingly.
As an Individual, we also will have one of the stage completed and be eligible for longer extension of stay etc.
Any suggestions???
Can Team-IV go to USCIS as a group to ask them to clear the I140s pending quickly. This way, we can ask CIS to follow the FIFO rule.
If they can clear 100+K I129s in 6 months, Why can't they do the same for I140s??. I think there are about
135K pending I140s in CIS (Source immigration-law.com).
That would equate to 340K I485s pending. Even if I consider 10% as duplicates(No Source, just estimate), we will still get about 300K I1485s in the processing queue. This way, everybody will know which category is backlogged and plan accordingly.
As an Individual, we also will have one of the stage completed and be eligible for longer extension of stay etc.
Any suggestions???
more...
swarnapuri
09-12 11:24 AM
Check this forum for similar info...
http://www.immigrationportal.com/showthread.php?t=161571&page=260&pp=15
http://www.immigrationportal.com/showthread.php?t=161571&page=260&pp=15
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reachinus
07-21 12:14 PM
If the W-2 is for more than the LCA requirement, you don't have any thing to worry about.
thanks for ur reply.
thanks for ur reply.
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ajju
09-07 11:13 PM
I don't intend to get anyone's hopes high as I am not sure if this page on the USCIS website is an updated one or is an older one, but it says PP is available for 129 & 140.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=011a59f5eca9e010VgnVCM1000000ecd190aRCR D&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190a RCRD
Anyone knows about this?
This is not specific to current status on PP... Just for what forms PP is available in general...
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=011a59f5eca9e010VgnVCM1000000ecd190aRCR D&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190a RCRD
Anyone knows about this?
This is not specific to current status on PP... Just for what forms PP is available in general...
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chanduv23
03-13 03:58 PM
I have got my I 485 rejectd when i filed during AUG 2007 due to Improper fees but we paid the correct fees.We refiled with saying "Improper Denials of I-485 " and double packed saying byboss mail room. We tryied more than 5 times always we got back saying PD is not current. Please advice me how to proceed on this.
Thanks for your help!!
I think the mail room does not handle such mail. You may need to file an MTR. Contact a good attorney - I did read on Sheela Murthy's website that USCIS is improperly handling the July 17th to August 17th 2007 filing as they go by August 2007 fee schedule.
I think if it is a mistake on their side, usually theey return the MTR fees. I am not sure though.
Try contacting DHS Ombudsman's office and see how they can help.
But the first thing I suggest is to talk to a good Attorney.
Thanks for your help!!
I think the mail room does not handle such mail. You may need to file an MTR. Contact a good attorney - I did read on Sheela Murthy's website that USCIS is improperly handling the July 17th to August 17th 2007 filing as they go by August 2007 fee schedule.
I think if it is a mistake on their side, usually theey return the MTR fees. I am not sure though.
Try contacting DHS Ombudsman's office and see how they can help.
But the first thing I suggest is to talk to a good Attorney.
more...
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tc2007
02-04 08:00 PM
Dont worry too much. Get your H1 extension with current employer even if it s a consultancy firm when you are on project. It wont be deied.
I think I wasnt clear with my 1st post.
A different employer has file my labor. I do not want to file a new GC with my current employer. New employer is saying that H1 wont be transferred without client letter.
So I am trying to figure out other possibilities in the meanwhile.
I think I wasnt clear with my 1st post.
A different employer has file my labor. I do not want to file a new GC with my current employer. New employer is saying that H1 wont be transferred without client letter.
So I am trying to figure out other possibilities in the meanwhile.
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sivanyk1234
11-04 08:02 AM
It will be very helpful , if any one can clarify the new rule FATCA in regards to Indian NRI bank accounts. Will FATCA filing is required for Green Card Holders also.
Thank you.
Thank you.
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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.
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morchu
05-27 06:56 PM
What I understand is that, your spouse can apply for H1, but not "change of status" while on EAD/adjustee. The establishment of H1 status for your spouse is possible only via an entry using H1 visa.
So your spouse can wait in USA for the H1 approval notice and then travel outside USA for consular processing.
Anyway, it may not worth all this pain, since she can continue using EAD.
Thanks for the response, but does that means anybody who is on EAD cannot apply for H1B while in US ?
So your spouse can wait in USA for the H1 approval notice and then travel outside USA for consular processing.
Anyway, it may not worth all this pain, since she can continue using EAD.
Thanks for the response, but does that means anybody who is on EAD cannot apply for H1B while in US ?
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Sai gc
08-07 10:47 PM
Hi ,
I received NOID on my i 485 (to be precise here is what it states)
1)" 140 filled on behalf of you has been revoked by my previous employer ,also mentioned as it is after 180 days of filling my 485 ,but my application still valid with in the meaning of section 204 of the act.
but they asked for employment verification letter from my recent employer with duties,educational qualification and offered wage of salary as it is .
2) Inmatter of semerjian ,it was held that an immigrant alien with in the purview of section 212 (a)(14) must establish a bona fied intent to work in USA,immediately or in fore seeable future,in his or her qualifying endeavour or in a related field.
3) It was further held in matter of tanaham ,18 I & N dec.339(reg.comm.1981)under section 245 of act who meets the objective pre requisites is merely eligible to apply for adjustment of status. when an alien seeks the favourable exercise of discretion by this service ,it is incumbent up on alien to establish that he or she merits adjustment
what does number 2 and 3 mean? what should be provided in evidence to that?Please advice.
The date on the notice is june 23 rd ,but i received my mail 2 weeks back to the adress where i work.(say july 24 th)
Iam away from that adress since 2 weeks
Responded to my RFE with EVL (emploment verification)way back in august 2008 through attorney .so considering the date on notice that is june 23 rd. 33 days time has passed.but when i consider the date i received i still have time,which date should i consider,iam confused....,is it OK if i send my reply next week.Now iam worried,as just now i came to know about my letter from uscis(no online update though). what to do now,iam worried ,please advice.
--------------------------------------------------------------------------------
I received NOID on my i 485 (to be precise here is what it states)
1)" 140 filled on behalf of you has been revoked by my previous employer ,also mentioned as it is after 180 days of filling my 485 ,but my application still valid with in the meaning of section 204 of the act.
but they asked for employment verification letter from my recent employer with duties,educational qualification and offered wage of salary as it is .
2) Inmatter of semerjian ,it was held that an immigrant alien with in the purview of section 212 (a)(14) must establish a bona fied intent to work in USA,immediately or in fore seeable future,in his or her qualifying endeavour or in a related field.
3) It was further held in matter of tanaham ,18 I & N dec.339(reg.comm.1981)under section 245 of act who meets the objective pre requisites is merely eligible to apply for adjustment of status. when an alien seeks the favourable exercise of discretion by this service ,it is incumbent up on alien to establish that he or she merits adjustment
what does number 2 and 3 mean? what should be provided in evidence to that?Please advice.
The date on the notice is june 23 rd ,but i received my mail 2 weeks back to the adress where i work.(say july 24 th)
Iam away from that adress since 2 weeks
Responded to my RFE with EVL (emploment verification)way back in august 2008 through attorney .so considering the date on notice that is june 23 rd. 33 days time has passed.but when i consider the date i received i still have time,which date should i consider,iam confused....,is it OK if i send my reply next week.Now iam worried,as just now i came to know about my letter from uscis(no online update though). what to do now,iam worried ,please advice.
--------------------------------------------------------------------------------
glus
01-02 09:42 AM
hello,
Under certain circumstances, your International Student Advisor can grant a leave of absence for one semester for you. You need to get some paperwork from a doctor which will state that you can't attend college and why and for what reasons. However, this is not an easy case. Secondly, once you husband applies for I-130 based on marriage, this may violate your F-1 status as F-1 has purely non-immigrant intent and by filing I130 you show you intend to immigrate to the U.S.
I tried to help my friend to transfer to another school when he was on F-1. A month after he transferred to the new school, the IS Advisor told him that his F-1 status has been canceled in the SEVIS system. Later, through FOIA he learned it was due to I-130 petition filed by his wife on his behalf a few months earlier. Conicidently, they canceled his F-1 just after the I130 approval. Luckily, his wife became a US citizen just few months later and he adjusted status due to that.
I always advise to speak to an immigration attorney before taking any action. Thank you.
Under certain circumstances, your International Student Advisor can grant a leave of absence for one semester for you. You need to get some paperwork from a doctor which will state that you can't attend college and why and for what reasons. However, this is not an easy case. Secondly, once you husband applies for I-130 based on marriage, this may violate your F-1 status as F-1 has purely non-immigrant intent and by filing I130 you show you intend to immigrate to the U.S.
I tried to help my friend to transfer to another school when he was on F-1. A month after he transferred to the new school, the IS Advisor told him that his F-1 status has been canceled in the SEVIS system. Later, through FOIA he learned it was due to I-130 petition filed by his wife on his behalf a few months earlier. Conicidently, they canceled his F-1 just after the I130 approval. Luckily, his wife became a US citizen just few months later and he adjusted status due to that.
I always advise to speak to an immigration attorney before taking any action. Thank you.
hankles
08-24 02:07 PM
Hello seeking_GC,
It appears you changed jobs using AC21 and went on to receive your GC. If correct, could you please post your timeline and experience?
Thanks.
I guess posting this was the trigger for USCIS to send the approval. I got the CPO mail in my email a few mins ago!
Hugely Relieved!!!!!!!!!!!!!!!!!!!!!!
Let me know if someone else is in the same situation and I can tell my timeline.
It appears you changed jobs using AC21 and went on to receive your GC. If correct, could you please post your timeline and experience?
Thanks.
I guess posting this was the trigger for USCIS to send the approval. I got the CPO mail in my email a few mins ago!
Hugely Relieved!!!!!!!!!!!!!!!!!!!!!!
Let me know if someone else is in the same situation and I can tell my timeline.
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