mdforgc
02-20 05:47 AM
I read the link posted. This is an independent think tank about movement of people worldwide and the report in general analyses the three upcoming bills in relation to EB and non EB immigration and illegals. Overall the bill states that immigration is of benefit to the US and the degree of benefit depends on the legality and skill level of the immigrants, and they suggest that Family category 4 and DV category should be eliminated and used for EB immigration and also suggest readjusting the per country cap to accomadate for the reality of more immigrants from the retrogressed countries. I think this is good and we should include this in our presentation to the lawmakers, this will carry good weight.
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jediknight
08-06 06:59 PM
Here are my case details
EB3 - 485 filed in Sept 2007 for me and spouse
My spouse now has a approved I140 in EB2.
Can we "interfile" and use my I485 app and interchange the dependents. I understand that we will have to use the 2010 priority date.
Or should we file new I485s that make the spouse primary and me dependent.
If "interfiling" is possible, how long does it generally take?
Thx,
JK
EB3 - 485 filed in Sept 2007 for me and spouse
My spouse now has a approved I140 in EB2.
Can we "interfile" and use my I485 app and interchange the dependents. I understand that we will have to use the 2010 priority date.
Or should we file new I485s that make the spouse primary and me dependent.
If "interfiling" is possible, how long does it generally take?
Thx,
JK
kishdam
03-24 11:10 AM
No reply yet!!!!
Sent you a Private Message.
I am also from around Boston and used AC21 - but using a lawyer based in Virginia. If you need contact details - let me know I can send.
Sent you a Private Message.
I am also from around Boston and used AC21 - but using a lawyer based in Virginia. If you need contact details - let me know I can send.
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roseball
05-09 11:31 AM
Hi,
company A did H1B and H4 (both approval notices. No Visas stamped yet)
company B is doing H1b only. Can the dependent candidate stay on company A's sponsored H4 approval ?
sincerely appreciate any input
Thanks in Advance
No need to file H4 till her current H4 expires. As long as you are maintaining continuous H1 status (without gaps), H4 would remain active till its current validity even if primary H1 applicant changes jobs. You can file her H4 extension of stay petition 90 days in advance from the current H4 expiration date.
company A did H1B and H4 (both approval notices. No Visas stamped yet)
company B is doing H1b only. Can the dependent candidate stay on company A's sponsored H4 approval ?
sincerely appreciate any input
Thanks in Advance
No need to file H4 till her current H4 expires. As long as you are maintaining continuous H1 status (without gaps), H4 would remain active till its current validity even if primary H1 applicant changes jobs. You can file her H4 extension of stay petition 90 days in advance from the current H4 expiration date.
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learning01
02-19 09:24 PM
I am yet to read the details. For the benefit of members here can you post an abstract of the link here? Then we can take it from there. Thanks.
'Comprehensive' Legislation vs. Fundamental Reform: The Limits of Current Immigration Proposals
By Marc R. Rosenblum
Migration Policy Institute, MPI Policy Brief No. 13, January 2006
http://www.migrationpolicy.org/pubs/PolicyBrief13_Jan06_13.pdf
'Comprehensive' Legislation vs. Fundamental Reform: The Limits of Current Immigration Proposals
By Marc R. Rosenblum
Migration Policy Institute, MPI Policy Brief No. 13, January 2006
http://www.migrationpolicy.org/pubs/PolicyBrief13_Jan06_13.pdf
fromnaija
09-12 07:28 PM
My friend has a question. His wifes H1 got approved. As of now she doesnt have job. What if she gets job in dec/Jan. There wont be any pay roll for october and november. Will this create any problem at the time of visa stamping in India if she goes for vaction later in next year.
Is there any time limit to Start working after october.
If you know the answer correctly please write,
Not an answer but a question. How did she get H1 without a job?
Is there any time limit to Start working after october.
If you know the answer correctly please write,
Not an answer but a question. How did she get H1 without a job?
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insbaby
11-03 01:51 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?
If the company is paying the lawyer for the process, you just relax. They must have consulted the lawer before giving the ad and get directions, because the lawyer has to send these evidences when filing.
If not, you better check with an expert.
Would this be ok?
If the company is paying the lawyer for the process, you just relax. They must have consulted the lawer before giving the ad and get directions, because the lawyer has to send these evidences when filing.
If not, you better check with an expert.
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sanju_eb3
12-08 11:22 PM
Sorry this is a non-immigration related post.
I wanted to share this YouTube video -- it's just too good.
http://www.youtube.com/watch?v=leWtDE4pFhw&feature=related
I wanted to share this YouTube video -- it's just too good.
http://www.youtube.com/watch?v=leWtDE4pFhw&feature=related
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saketkapur
07-14 11:42 AM
Hi
I filed my I-485 in July last year. My PD is EB2-Feb 2007. I could not file for my wife since she is pursuing her medical residency on a J1 visa with the 2 year HRR requirement.
My queries are as follows:
1. For the interfiling to happen does she need to be done with her J1 waiver or even when she is pursuing it as that is a H1B visa?
2. If I get my green card before she is done with her waiver then can I still file for her later or will her case then be treated as a family based petition?
I will really appreciate if somebody can provide some insight regarding the same.
regards
Saket Kapur
I filed my I-485 in July last year. My PD is EB2-Feb 2007. I could not file for my wife since she is pursuing her medical residency on a J1 visa with the 2 year HRR requirement.
My queries are as follows:
1. For the interfiling to happen does she need to be done with her J1 waiver or even when she is pursuing it as that is a H1B visa?
2. If I get my green card before she is done with her waiver then can I still file for her later or will her case then be treated as a family based petition?
I will really appreciate if somebody can provide some insight regarding the same.
regards
Saket Kapur
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gcmess
10-27 08:55 AM
Thank you frostrated and madmonkey for your responses. We had taken infopass and were able to speak to immigration officer too. That is where we were told there is nothing like linking or interfiling. I read the pearson memo multiple times but it says both dates must be current. EB2 is not current and hence do not know the validity of the claim. I will try infopass again and see before filing MTR.
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seahawks
08-23 09:21 PM
Where : Redmond Regional Library, Meeting Room 1
Room Request Date, Time, and Room Selection (http://eventinfo.kcls.org/evanced/lib/roomrequest.asp?mode=)
When : Aug 25th 2009 7:30 to 8:30 pm
Why are we meeting: To support IV's drive to lobby and contact Law Makers to fix Employment Based Immigration
Calling all WA state chapter member to attend this meeting. We need to start working together and start talking to lawmakers. If nobody hears us, they will not know how to support us in the next immigration bill that is being crafted.
Room Request Date, Time, and Room Selection (http://eventinfo.kcls.org/evanced/lib/roomrequest.asp?mode=)
When : Aug 25th 2009 7:30 to 8:30 pm
Why are we meeting: To support IV's drive to lobby and contact Law Makers to fix Employment Based Immigration
Calling all WA state chapter member to attend this meeting. We need to start working together and start talking to lawmakers. If nobody hears us, they will not know how to support us in the next immigration bill that is being crafted.
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nmdial
02-26 09:26 AM
Dear Lawyers,
I am a registered professional civil engineer in the state of PA having an educational background of a BS from India and MS from the US in civil engineering. I got my H1B extension approved last year for its second term of three years. I have been working in the same company since my graduation and also hold an approved I-140. I am planning to visit India in March to get my visa stamping done and am concerned about the reports of valid H1B holders being returned from Newark. Do you think I should avoid Newark as the PoE?
Thanks and regards,
Nishant
I am a registered professional civil engineer in the state of PA having an educational background of a BS from India and MS from the US in civil engineering. I got my H1B extension approved last year for its second term of three years. I have been working in the same company since my graduation and also hold an approved I-140. I am planning to visit India in March to get my visa stamping done and am concerned about the reports of valid H1B holders being returned from Newark. Do you think I should avoid Newark as the PoE?
Thanks and regards,
Nishant
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martinvisalaw
07-24 02:46 PM
hello..
My h1 is valid till march 2010.. but the i-94 i have is expiring in Oct.. (i changed my job ..and had been out of US..on the old stamping..)
Can iget it extended staying in US? or do i have to leave get it restamped in desh.. ?
Is it illegal to stay on expired i-94..but witha valid H1?????????
The timing of when you travelled and when your extension was approved are critical. It looks like you travelled after the extension was approved, but you just used the old visa to enter. CIS has a "last action" rule, whereby the last thing they do regarding your status is what governs. If you got an I-94 to October 2009, after the extension to 3/10 was approved, then the 10/09 date governs and you need to file an extension. Alternatively, you could travel and return showing the valid visa and new approval to get the new approval date on the I-94.
My h1 is valid till march 2010.. but the i-94 i have is expiring in Oct.. (i changed my job ..and had been out of US..on the old stamping..)
Can iget it extended staying in US? or do i have to leave get it restamped in desh.. ?
Is it illegal to stay on expired i-94..but witha valid H1?????????
The timing of when you travelled and when your extension was approved are critical. It looks like you travelled after the extension was approved, but you just used the old visa to enter. CIS has a "last action" rule, whereby the last thing they do regarding your status is what governs. If you got an I-94 to October 2009, after the extension to 3/10 was approved, then the 10/09 date governs and you need to file an extension. Alternatively, you could travel and return showing the valid visa and new approval to get the new approval date on the I-94.
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mannishk
08-06 03:03 PM
Thanks, that is what i had thought and came to know by an attorney as well.
Regards,
Regards,
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little_willy
09-15 10:56 AM
�To one who has faith, no explanation is necessary. To one without faith, no explanation is possible.�
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snathan
02-22 07:14 PM
One moron has put the following comment...
"something to put on immigration forum...bcoz just see some indian name."
You moron open your eyes....this is the immigration forum and this news shows something innovative and an immigrant is doing. More over its in the interesting topic.
"something to put on immigration forum...bcoz just see some indian name."
You moron open your eyes....this is the immigration forum and this news shows something innovative and an immigrant is doing. More over its in the interesting topic.
more...
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akela
08-14 01:14 PM
Can forum members help me with the following query. If you see the same question has been asked by other members as well.
Can you look at the LUD and say that your Name Check is clear or not?
This is what is goig on. Withing 1-2 days of your Biometrics the LUD changes. This is I guess that your biometrics were recieved by USCIS or sent for Name check or whatever. Then there is a LUD change in a week. Is this the reply from FBI saying that no record found? I mean everything is ok?
I ahve seen people who are stuck did not get the email after a week. Is this the right assesment?
http://www.fbi.gov/page2/nationalnamecheck.htm
The majority of name checks submitted on a data tape are electronically checked and returned to the submitting agency as having "No Record" within 48-72 hours. A "No Record" indicates that the FBI's UNI database contains no identifiable information regarding a particular individual. Duplicate submissions (i.e., identically spelled names with identical dates of birth submitted within the last 120 days) are not checked, and the duplicate findings are returned immediately to the submitting agency
Thanks in advance,
akela
Can you look at the LUD and say that your Name Check is clear or not?
This is what is goig on. Withing 1-2 days of your Biometrics the LUD changes. This is I guess that your biometrics were recieved by USCIS or sent for Name check or whatever. Then there is a LUD change in a week. Is this the reply from FBI saying that no record found? I mean everything is ok?
I ahve seen people who are stuck did not get the email after a week. Is this the right assesment?
http://www.fbi.gov/page2/nationalnamecheck.htm
The majority of name checks submitted on a data tape are electronically checked and returned to the submitting agency as having "No Record" within 48-72 hours. A "No Record" indicates that the FBI's UNI database contains no identifiable information regarding a particular individual. Duplicate submissions (i.e., identically spelled names with identical dates of birth submitted within the last 120 days) are not checked, and the duplicate findings are returned immediately to the submitting agency
Thanks in advance,
akela
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nousername
01-29 08:55 PM
I would transfer to a visitor visa and then identify which university and course I want to join. Once I have all the things lined up I would hire a good attorney and file for a new F1.
Good luck.
hie,
i was on opt and my opt ended jan 24th 2009. i had applied to a masters program for spring 09. my old school ( where i did my bachelors) transfered my sevis information to my new school( where i was to start masters). however i decided to discontinue with my new school's masters program. i did not registered for classes. i told them that i would no longer want to pursue that particular masters anymore. i now want to join another institute for a short time. they require my sevis information in order to make an i20 for me. my new school( where i had applied for masters) says that they do not have an i20 for me since i cancelled my program. whichever institute i transfer to for future studies would require a copy of a current i20 from me for admissions.
now where does this situation leave me? am i out of status as of now? will i be able to transfer to any university/institute for my future studies?
Good luck.
hie,
i was on opt and my opt ended jan 24th 2009. i had applied to a masters program for spring 09. my old school ( where i did my bachelors) transfered my sevis information to my new school( where i was to start masters). however i decided to discontinue with my new school's masters program. i did not registered for classes. i told them that i would no longer want to pursue that particular masters anymore. i now want to join another institute for a short time. they require my sevis information in order to make an i20 for me. my new school( where i had applied for masters) says that they do not have an i20 for me since i cancelled my program. whichever institute i transfer to for future studies would require a copy of a current i20 from me for admissions.
now where does this situation leave me? am i out of status as of now? will i be able to transfer to any university/institute for my future studies?
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desibechara
07-23 01:28 AM
I just read somewhere...that if I do not file by I140 by July 31 the i lose chance to file I485 by august 17..which i could file anyway together if I have to file it by July31..Is this true..
the reason being that I am waiting for the hard copy of Labor Approval and the only thing I have is Cover letter copy..I do not want to miss chance
My PD is Oct 2001
Please please let me know!!
DB
the reason being that I am waiting for the hard copy of Labor Approval and the only thing I have is Cover letter copy..I do not want to miss chance
My PD is Oct 2001
Please please let me know!!
DB
maheshf
08-15 04:53 PM
Thanks..my understanding was..i am not Abondoning H! unless i use EAD for my new employment.
Not sure though. I will be working for new emplyer not the one that applied for GC.
Not sure though. I will be working for new emplyer not the one that applied for GC.
InMess
03-21 03:48 PM
Hi Guys,
As i said earlier my I-140 was denied for the reason below
I have US masters and 4+years of US job experience and My I-140 was filed in EB2 using a Substitution labor which as the education/experience requirements of (14) Masters+1years experience or (15) Bachelors + 3Years Experience and it was denied without RFE saying the Labor certification used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.
My Attorney filed an MTR (I290B) on 03/11/2008 and requested the USCIS NSC center to re-consider my case as EB-3 instead as EB2.
Today 03/21/08 i just got an update from USCIS saying:
Current Status: Appeal/Motion/Certification sent to Administrative Appeals Office for review.
On March 21, 2008, we sent this case to the Administrative Appeals Office for review. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service.
1- So now what are the chances of my I-140 getting approved and how many days does the AAO take to make any decision on this?
2- And for my 485/EAD/AP/FP i did not get any message saying that they are denied and my wife is still working on her EAD on advice of the attorney and as the I-140 is with AAO can she still continue the same job until the decision is made on the I-140 and 485.
Please help me out and advice on what should i be doing at this point and what are my options on this.
Thank you all for your advices and help.
As i said earlier my I-140 was denied for the reason below
I have US masters and 4+years of US job experience and My I-140 was filed in EB2 using a Substitution labor which as the education/experience requirements of (14) Masters+1years experience or (15) Bachelors + 3Years Experience and it was denied without RFE saying the Labor certification used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.
My Attorney filed an MTR (I290B) on 03/11/2008 and requested the USCIS NSC center to re-consider my case as EB-3 instead as EB2.
Today 03/21/08 i just got an update from USCIS saying:
Current Status: Appeal/Motion/Certification sent to Administrative Appeals Office for review.
On March 21, 2008, we sent this case to the Administrative Appeals Office for review. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service.
1- So now what are the chances of my I-140 getting approved and how many days does the AAO take to make any decision on this?
2- And for my 485/EAD/AP/FP i did not get any message saying that they are denied and my wife is still working on her EAD on advice of the attorney and as the I-140 is with AAO can she still continue the same job until the decision is made on the I-140 and 485.
Please help me out and advice on what should i be doing at this point and what are my options on this.
Thank you all for your advices and help.
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