Macaca
02-23 01:25 PM
This issue was discussed in 2 other threds in the last 2 months. I don't remember the name of the threads. Please search.
The status of I-140 application may be important. Out of state tution may depend on the state.
The status of I-140 application may be important. Out of state tution may depend on the state.
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Carlau
01-08 04:48 PM
Because this is the case where it is not clear if the H-1B was applied for before or after oct 2006 and if the H-4 was in H-1 status ever before.
bijualex29
07-20 04:45 PM
I asked this question several times, this is what the answer I got.
To get L-1 visa, you need to work for sister or parent company for a year outside USA. Here is the problem come.
I am on the Same boat, How care about GC. But I care about my wife's work authorisation, she has done her Ph.D and completed her 6 year H-4 too. Even if some one offers her H-1B she cannot take up, until there is a decoupling of H-1 and H-4
To get L-1 visa, you need to work for sister or parent company for a year outside USA. Here is the problem come.
I am on the Same boat, How care about GC. But I care about my wife's work authorisation, she has done her Ph.D and completed her 6 year H-4 too. Even if some one offers her H-1B she cannot take up, until there is a decoupling of H-1 and H-4
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lazycis
10-06 01:22 PM
The law says (8 USC 1154):
"(j) Job flexibility for long delayed applicants for adjustment of status to permanent residence
A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed."
"(j) Job flexibility for long delayed applicants for adjustment of status to permanent residence
A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed."
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msp1976
02-12 06:16 PM
Folks,
employer's attorney claims that there is no such thing as H4 premium processing.
Can anyone point me to the correct memo where Premium filing was made available for I-539 applications?
I searched all Mathew-Oh updates dated one year ago and can't locate it.
I need to get that h4 under premium ASAP so that I can transfer to H1 in April.
Can anyone please help?
As I understand once you filed the H4 extension and have a receipt in hand..why do you even care to do the premium processing for H4 ??
Just go ahead with your H1 transfer and file the H4 extension again.... as a proof of valid status attach the receipt for your earlier extension request...
If they cannot process the earlier request fast enough that is not your fault...As far as H4 is concerned .... I doubt that you need to be that paranoid....As long as you have a valid H1 ...They would give H4...
employer's attorney claims that there is no such thing as H4 premium processing.
Can anyone point me to the correct memo where Premium filing was made available for I-539 applications?
I searched all Mathew-Oh updates dated one year ago and can't locate it.
I need to get that h4 under premium ASAP so that I can transfer to H1 in April.
Can anyone please help?
As I understand once you filed the H4 extension and have a receipt in hand..why do you even care to do the premium processing for H4 ??
Just go ahead with your H1 transfer and file the H4 extension again.... as a proof of valid status attach the receipt for your earlier extension request...
If they cannot process the earlier request fast enough that is not your fault...As far as H4 is concerned .... I doubt that you need to be that paranoid....As long as you have a valid H1 ...They would give H4...
kk_kk
02-04 09:44 AM
My wife was allowed to travel on BA when she went from US to India. But when we were returning to US, the ticketing agent in India would not issue bording pass because Canadian PR can only be used if you are travelling to Canada and NOT to USA. The ticketing manager even called someone in London Airport to get the confirmation and after that they just denied my request even after showing the document that says Canada PR issues after Apr 2005 does not require transit visa.
I would say, get the visa to be on the safeside so that there will not be any troubles in the last minute.
I would say, get the visa to be on the safeside so that there will not be any troubles in the last minute.
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GC_1000Watt
12-11 03:03 PM
Pls. find the answers in red ink below. Also, all the answers are based on personal experience.
Can I work while the case is appealed?
No. You cannot unless you have a back - up of EAD.
How do I transfer to a new employer E2 (Premium Processing) and when can I apply for the new h1b (after the case is appealed or any time)?
There is no way you can transfer you H1-B as you old one has already expired. The only way left is applying for a new H1-b, according to my lawyer, the sooner the better. The new H1-b mostly will be a consulate case. Meaning, even though you are approved, it will be only activated once you go for visa stamping.
What are the chances of approvals in Premium processing in Current Markethttp://images.intellitxt.com/ast/adTypes/2_bing.gif (http://immigrationvoice.org/forum/#)?
No idea.
Can I start working once the receipt for the new h1b petition comes in?
No, you can only start working once it is acitvated. Meaning, once u get it stamped if it is approved as a consulate case.
If not, can I work once the h1 is approved or should I go to India (http://immigrationvoice.org/forum/#) and reenter to start working?
If consulate case, then you will have to get it stamp to start working.
Can i transfer my approved I140 to a new employer ?
I guess, if you have filed I-485 which is already past 180 days. (Check with ur lawyer)
I will really appreciate your feedback on this.
Again, I am not a lawyer. All the above answers are based on personal experience. Hope it helps. All the very best.
Thanks a lot for your reply. I really appreciate if you can aswer the following:
Can I transfer my H1B to another company once my old employer has appealed the H1B denail notice?
if the appeal on denial goes in my favor then whether I am going to get extension with I-94 or without I94?
Thanks in advance.
Can I work while the case is appealed?
No. You cannot unless you have a back - up of EAD.
How do I transfer to a new employer E2 (Premium Processing) and when can I apply for the new h1b (after the case is appealed or any time)?
There is no way you can transfer you H1-B as you old one has already expired. The only way left is applying for a new H1-b, according to my lawyer, the sooner the better. The new H1-b mostly will be a consulate case. Meaning, even though you are approved, it will be only activated once you go for visa stamping.
What are the chances of approvals in Premium processing in Current Markethttp://images.intellitxt.com/ast/adTypes/2_bing.gif (http://immigrationvoice.org/forum/#)?
No idea.
Can I start working once the receipt for the new h1b petition comes in?
No, you can only start working once it is acitvated. Meaning, once u get it stamped if it is approved as a consulate case.
If not, can I work once the h1 is approved or should I go to India (http://immigrationvoice.org/forum/#) and reenter to start working?
If consulate case, then you will have to get it stamp to start working.
Can i transfer my approved I140 to a new employer ?
I guess, if you have filed I-485 which is already past 180 days. (Check with ur lawyer)
I will really appreciate your feedback on this.
Again, I am not a lawyer. All the above answers are based on personal experience. Hope it helps. All the very best.
Thanks a lot for your reply. I really appreciate if you can aswer the following:
Can I transfer my H1B to another company once my old employer has appealed the H1B denail notice?
if the appeal on denial goes in my favor then whether I am going to get extension with I-94 or without I94?
Thanks in advance.
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need_EAD
05-18 02:56 PM
Nandini Nair's fees are very less and I got my PERM LC (in EB2) & I-140 approved through her without any questions. Real quick response!
She was a weekly columnist for Express Computer on immigration topics.
nnair@nair-law.com
www.nairlaw.com
She was a weekly columnist for Express Computer on immigration topics.
nnair@nair-law.com
www.nairlaw.com
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ivuser9
03-28 07:42 PM
Thank you all for their replies, this helped
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RiaonH4
01-18 10:30 AM
There is a add on Sulekha which says u can apply Canadian Citizenship if u are on H1/F1/L1 and u need not move to Canada and stay and work in US. Has someone tried this or have any comments on this idea ?
Add says -->
Attention H1B, F1s, L1s
To difficult to get USA green Card?
Canadian Green Card helps you stay in USA Legally
You do not need to move to Canada
Get a Canadian Green card as a Back-up
Linky --> http://www.maple-immigration.com/ad_index_en.htm
:confused:
Ria
Add says -->
Attention H1B, F1s, L1s
To difficult to get USA green Card?
Canadian Green Card helps you stay in USA Legally
You do not need to move to Canada
Get a Canadian Green card as a Back-up
Linky --> http://www.maple-immigration.com/ad_index_en.htm
:confused:
Ria
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GCDelay
11-30 11:34 AM
xxxx
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tempgc
09-24 01:27 PM
The green side of the story is, USCIS will try to attract new applications. For this DOS need to move the dates further.
OR
Introduce a new process of filing 485 for administrative processing (which is in talks) even before your PD is current as per visa bulletin as soon as 140 approval.
I see this good for people waiting to file for 485.
OR
Introduce a new process of filing 485 for administrative processing (which is in talks) even before your PD is current as per visa bulletin as soon as 140 approval.
I see this good for people waiting to file for 485.
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GCBy3000
12-28 12:56 PM
My friend who filed his 485 in June, got his GC two months back. His PD was 2001. How did he get his GC within 3 months of filing 485 when the 485 processing time not even showed June 07 till now?
These dates are for mere reporting purposes. I think even if they have one application with 1999 date, they might show 1999 as processing date. With my experience with these dates and USCIS, I cannot figure out the rationale behind these reports from USCIS. Someone might be sitting there in USCIS with 20-30 randomn dates and play inky... pinky...ponky... father ...has a.. donkey... bla bla bla and then pick a date for this report. All BS.
These dates are for mere reporting purposes. I think even if they have one application with 1999 date, they might show 1999 as processing date. With my experience with these dates and USCIS, I cannot figure out the rationale behind these reports from USCIS. Someone might be sitting there in USCIS with 20-30 randomn dates and play inky... pinky...ponky... father ...has a.. donkey... bla bla bla and then pick a date for this report. All BS.
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nk2006
07-05 12:58 PM
possible reasons
(i)USCIS dont want to see a large number applications - as Ombudsman report indicated their performance is measured based on how much time it took to process an application. If they accept 485 applications only to keep them longer it will skew their performance benchmarks to their disadvantage. (ii)Also they just dont want to work for the rest of this financial year. By making visas unavailable their work load might have come down dramatically.
(iii)Ego clashes between some higher ups between DOS and USCIS; OR the communication gap between these two orgs is just too much.
(iv) Too may anti-immigrant who wants to screw legal-immigrants at any given opportunity. This is possible too...on numbersusa website there are special instructions/appeals to USCIS staff to do a few things and also to get some info on H1b filings, I140 filings etc. Maybe these activist employees have grown in size with tacit support from higher ups.
Of course all of these are just speculations. BUT I still could not understand why USCIS went out of its way (processing 60k applicaitons in one month; 18k in one day is certainly going way toooooooo much out of their way based on their normal efficiency) to process. I am sure they might have approved many cases which they could not have done normally. Finding out this aspect should might yield a very good story for a journalist - we should highlight this aspect in our letters to media.
(i)USCIS dont want to see a large number applications - as Ombudsman report indicated their performance is measured based on how much time it took to process an application. If they accept 485 applications only to keep them longer it will skew their performance benchmarks to their disadvantage. (ii)Also they just dont want to work for the rest of this financial year. By making visas unavailable their work load might have come down dramatically.
(iii)Ego clashes between some higher ups between DOS and USCIS; OR the communication gap between these two orgs is just too much.
(iv) Too may anti-immigrant who wants to screw legal-immigrants at any given opportunity. This is possible too...on numbersusa website there are special instructions/appeals to USCIS staff to do a few things and also to get some info on H1b filings, I140 filings etc. Maybe these activist employees have grown in size with tacit support from higher ups.
Of course all of these are just speculations. BUT I still could not understand why USCIS went out of its way (processing 60k applicaitons in one month; 18k in one day is certainly going way toooooooo much out of their way based on their normal efficiency) to process. I am sure they might have approved many cases which they could not have done normally. Finding out this aspect should might yield a very good story for a journalist - we should highlight this aspect in our letters to media.
more...
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xu1
08-08 09:49 PM
I am sorry to say , but I have not seen any results from IV as well , they seem to be in the same boat as us, wait , wait and wait more, things will take care of themselves over time, seems to be the strategy.
And I'm more sorry to say: you haven't helped a single bit in your wait, wait and wait and more..
IV is doing all it can to organize a grassroot effort. Yes, the CIR probably have failled but then an organization by its pure belief and dedication to its own cause has demonstrated that we can help shape the law in the democracy. And by the time I become a US citizen, the time I spent watching how IV grows will help me become an effective participant in the democratic world of free market and capitalism.
God helps those who help themselves. Yes, in the end you may as well get your GC just most others here do. Let me simply end my displeasure reading your negativity with a good will: i hope the DOL, USCIS and the bureaucracy will take care of your GC dream.
And I'm more sorry to say: you haven't helped a single bit in your wait, wait and wait and more..
IV is doing all it can to organize a grassroot effort. Yes, the CIR probably have failled but then an organization by its pure belief and dedication to its own cause has demonstrated that we can help shape the law in the democracy. And by the time I become a US citizen, the time I spent watching how IV grows will help me become an effective participant in the democratic world of free market and capitalism.
God helps those who help themselves. Yes, in the end you may as well get your GC just most others here do. Let me simply end my displeasure reading your negativity with a good will: i hope the DOL, USCIS and the bureaucracy will take care of your GC dream.
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greencardfever
12-11 01:37 PM
Is it 6 months for both, EAD and AP or just EAD? If it's just EAD, then how soon can I renew my AP?
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suemegan
09-24 05:54 PM
I received our receipts (I-485 for my husband and mine). Under section: unknown. I do not know why it should be this. My NIW I-140 approved March/2006 in NSC. ANyone has same experience? I call USCIS, they do not know either. Ask me go to local office.:confused::confused:
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smuggymba
07-28 01:14 PM
Came to US in 2004. But never was after GC. Applied in Feb 2008 EB2. So does not look like will get my GC in next couple of years.
'cooler' has well said that value of GC has changed as life has progressed. Now thinking of going back as parents getting older. Plus daughter has US citizenship. If she wants to come back here, that is her privilege.
Completing 40 SS credits next year. So can return after that. Bought home in 2006 at the peak of the buble so getting out of the house is probably the only hurdle left.
40SS credits won't get you SS after retirement if you're not a US Citizen then. Just so you know. India does not have a SS act with US and vice versa.
'cooler' has well said that value of GC has changed as life has progressed. Now thinking of going back as parents getting older. Plus daughter has US citizenship. If she wants to come back here, that is her privilege.
Completing 40 SS credits next year. So can return after that. Bought home in 2006 at the peak of the buble so getting out of the house is probably the only hurdle left.
40SS credits won't get you SS after retirement if you're not a US Citizen then. Just so you know. India does not have a SS act with US and vice versa.
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fullerene
11-17 01:30 PM
H1 application for 2008 starts from April 1, 2007. I believe-before that date, HR of big companies should have recruiting policy for the year already. So it might be diffult for them to adjust if the bill is passed after April 1.
I think when the time closes to April 1, the petition for changing the current H1 blackout will be pressurized. From the industry point of view, the bill for H1 will be settled luckily in Jan or Feb.
I think when the time closes to April 1, the petition for changing the current H1 blackout will be pressurized. From the industry point of view, the bill for H1 will be settled luckily in Jan or Feb.
tonyHK12
01-11 10:08 AM
This is still riddled with amnesty....more punitive versions will surely come which the democratic party will oppose for sure.
Yes true, it still has amnesty for anyone who entered below 13 and didn't break the - they would get PAV immediately.
I was refering to blogfeed that inspite, says the second part is bad - "few ideas - such as introducing a new extremely cumbersome process to get the green card after ten years - are really bad."
It sounds like a haggling game, whoever makes more noise gets their due.
Yes true, it still has amnesty for anyone who entered below 13 and didn't break the - they would get PAV immediately.
I was refering to blogfeed that inspite, says the second part is bad - "few ideas - such as introducing a new extremely cumbersome process to get the green card after ten years - are really bad."
It sounds like a haggling game, whoever makes more noise gets their due.
gceverywhere
09-14 03:15 PM
call the attorney who is working on your case and ask if it's a good idea to go...
You will be surprised...Most attorneys are of the opinion that this rally is important and people who are impacted by EB GC dealys should meet with lawmakers to discuss the issue.
You will be surprised...Most attorneys are of the opinion that this rally is important and people who are impacted by EB GC dealys should meet with lawmakers to discuss the issue.
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