rvr_jcop
04-29 01:26 PM
Hello,
I read this on Oh-law website. I am a bit confused. Isnt it true that H1 is dual intent, why would they consider this as abandonment of 485 when one uses the automatic re-validation rule (no valid H1 stamp but valid I-94 stub on the 797 H1 approval)?
From the Oh-law website:
Those in pending I-485 green card proceedings should understand that travel over the contiguous countries without a valid H or L visa status or without an approved advance parole will result in a deadly consequence of abandonment of pending I-485 applications even if they are readmitted into the U.S. after a short trip to Canada and Mexico with an expired visa in the passport under the foregoing visa revalidation rule. Rule of readmissibility from such trip is one thing and abandonment of pending I-485 is the other. They should never depart from the U.S. without a valid H or L approved status or a valid Advance Parole.
I read this on Oh-law website. I am a bit confused. Isnt it true that H1 is dual intent, why would they consider this as abandonment of 485 when one uses the automatic re-validation rule (no valid H1 stamp but valid I-94 stub on the 797 H1 approval)?
From the Oh-law website:
Those in pending I-485 green card proceedings should understand that travel over the contiguous countries without a valid H or L visa status or without an approved advance parole will result in a deadly consequence of abandonment of pending I-485 applications even if they are readmitted into the U.S. after a short trip to Canada and Mexico with an expired visa in the passport under the foregoing visa revalidation rule. Rule of readmissibility from such trip is one thing and abandonment of pending I-485 is the other. They should never depart from the U.S. without a valid H or L approved status or a valid Advance Parole.
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kevnss
04-01 12:36 PM
Any help would be greately appreciated.
caydee
07-01 07:35 PM
for 482 the 2 checks of 325 and 70 and one check of 180$ for I765 should be payble to 'Department of Homeland Security', or 'United States Citizenship and Immigration Service'
The form says it should be payble to 'Department of Homeland Security' and the immigration voice 485 help thread says it should be payble to 'United States Citizenship and Immigration Service' .
Please suggest and sorry if this si a repost. I could not find a exact answer.
Thanks
-M:confused:
Why 2 checks for I-485? My attorney advised 1 check for $395! And I was asked to issue the check favouring U.S. Citizenship and Immigration Service.
The form says it should be payble to 'Department of Homeland Security' and the immigration voice 485 help thread says it should be payble to 'United States Citizenship and Immigration Service' .
Please suggest and sorry if this si a repost. I could not find a exact answer.
Thanks
-M:confused:
Why 2 checks for I-485? My attorney advised 1 check for $395! And I was asked to issue the check favouring U.S. Citizenship and Immigration Service.
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loku
08-16 08:03 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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immigqindenver
03-15 02:24 AM
Hi Guys,
My AOS has been filed in the summer of 2007 (August 2007 timeframe). Since then, my EAD and AP have been renewed twice, and I have re-entered the US on AP. My AOS has been due for over 180 days now.
My H1B expires in July 2009. Since I have not received my Green Card (AOS has not been approved yet) - my company lawyers have filed for H1B extension.
Question - I have applied for an internal job, within the same company. The job-title and job-role are different. The salary is the same.
Am I legally allowed to do this - i.e. change jobs internally to a different role, based on my EAD? Can I go ahead with this new job?
Thanks.
My AOS has been filed in the summer of 2007 (August 2007 timeframe). Since then, my EAD and AP have been renewed twice, and I have re-entered the US on AP. My AOS has been due for over 180 days now.
My H1B expires in July 2009. Since I have not received my Green Card (AOS has not been approved yet) - my company lawyers have filed for H1B extension.
Question - I have applied for an internal job, within the same company. The job-title and job-role are different. The salary is the same.
Am I legally allowed to do this - i.e. change jobs internally to a different role, based on my EAD? Can I go ahead with this new job?
Thanks.
perm2gc
08-30 09:55 AM
Hi folks,
Does anybody know if there is a receipt for I-140?
I'd like to make sure that it was successfully received by processing center. Do you think it is polite to ask my company lawyer for this receipt or since she told me that it was filed I should just sit and relax...:rolleyes:
You attorney will have Receipt Number.You can email/call him..
Does anybody know if there is a receipt for I-140?
I'd like to make sure that it was successfully received by processing center. Do you think it is polite to ask my company lawyer for this receipt or since she told me that it was filed I should just sit and relax...:rolleyes:
You attorney will have Receipt Number.You can email/call him..
more...
stillalone
02-03 02:36 PM
ITU is not operating illegally and it is approved by Bureau for Private Postsecondary Education (BPPE) and Authorized by the Student Exchange and Visitor (SEVP) program of the US Department of Homeland Security.
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immigrationmatters30
10-04 01:24 AM
Would this apply even if one did not file I485 or is I485 required to be filed for H1B extention? Also what if, say, company A files bankrupcy or H1B holder from the company is laid off after I140 is approved AND I485 not applied.
I am asking because I missed the boat last year
I am asking because I missed the boat last year
more...
Blog Feeds
12-19 01:00 PM
Immigration Visa Attorney Blog Has Just Posted the Following:
No, not the Michael Jackson, This is It. This is it for FY 2009 H-1B season. USCIS states that as of December 15, approximately 64,200 cases have been filed. That leaves about 800 slots left for H-1B applicants and perhaps several hundred on top of that since USCIS will need to account for potential denials or revocations of previously filed H-1B applications.
Back on April 1, 2009, a lot of speculation was made about how fast or slowly the H-1B quota would fill. Predictions from one day to 6 months were made. But it looks a lot clearer now... by Christmas or maybe, by the New Year. There really is no way to tell. Practitioners who focus on H-1B work like me, know that odds look dim for someone seeking a new H-1B and who hasn't started the process yet. Issues of delayed LCAs (labor condition applications) and employer FEIN (federal employer ID numbers) are wreaking havoc on how quickly anyone can prepare a new application to get in on this year's quota.
If you have not been able to file an H-1B yet. Call us about planning your case for April 1, 2010. It's never too early, but it can be too late. ---ecf
More... (http://www.immigrationvisaattorneyblog.com/2009/12/h1b-quota-this-is-it.html)
No, not the Michael Jackson, This is It. This is it for FY 2009 H-1B season. USCIS states that as of December 15, approximately 64,200 cases have been filed. That leaves about 800 slots left for H-1B applicants and perhaps several hundred on top of that since USCIS will need to account for potential denials or revocations of previously filed H-1B applications.
Back on April 1, 2009, a lot of speculation was made about how fast or slowly the H-1B quota would fill. Predictions from one day to 6 months were made. But it looks a lot clearer now... by Christmas or maybe, by the New Year. There really is no way to tell. Practitioners who focus on H-1B work like me, know that odds look dim for someone seeking a new H-1B and who hasn't started the process yet. Issues of delayed LCAs (labor condition applications) and employer FEIN (federal employer ID numbers) are wreaking havoc on how quickly anyone can prepare a new application to get in on this year's quota.
If you have not been able to file an H-1B yet. Call us about planning your case for April 1, 2010. It's never too early, but it can be too late. ---ecf
More... (http://www.immigrationvisaattorneyblog.com/2009/12/h1b-quota-this-is-it.html)
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img86
10-08 02:54 PM
But I dont have H1 status. Currently I am in L1, however I have H1 approved petition which was filled by a consulting company.
So u mean to say it is possible for my current employer to file H1B transfer even though I am not in h1 status.
So u mean to say it is possible for my current employer to file H1B transfer even though I am not in h1 status.
more...
senk1s
09-14 01:50 PM
"The mission of Immigration Voice is to organize grassroots efforts and resources to solve several problems in the employment based green card process including (a) delays due to Retrogression (visa number unavailability for certain employment-based categories) (b) delays due to USCIS processing backlogs and (c) delays due to Labor Certification backlogs. We will work to remove these and other flaws by supporting changes to immigration law for high-skilled legal employment-based immigrants. High-skilled legal immigrants strengthen the United States' economy and help maintain American technological superiority"
Yes with the media attention, there is some stigma to H1 ... we are asking to
remove/reduce the long DELAYS
Good point prince
Yes with the media attention, there is some stigma to H1 ... we are asking to
remove/reduce the long DELAYS
Good point prince
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jliechty
January 29th, 2005, 06:03 PM
The upside-down "V" shaped branches in the upper left corner are distracting, but could probably be cloned out with a bit of work in PS. The bright leaves in the upper right corner are also distracting, but a bit of burning in could probably make them stand out less. The water is blown out down at the bottom, but that's easy to excuse if you're using a P&S where you don't have much control over the exposure - or even a way to reliably gauge it until the image is on your computer monitor. Overall, the image has potential, and it shouldn't be too hard to fix most of the little issues I see with a bit of time in Photoshop. :)
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fall2004us
03-27 03:19 PM
Your individual capacity to stand against frustration, worry and adaptability to strange and sudden events and conditions.:)
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shruthii_1210@yahoo.com
10-09 04:42 PM
That is what , i don't have any information with me about I140 except the fact that it got approved one year ago and now i applied 485 and got EAD cards also.
IS there any way to get when both employer and attorney is not willing to give it to me ? Or is it really required ?
I dont even have the receipt number.
my point is UCSIS know about approved I- 140 bcz they approved it. Also i am hoping my attorney added some information about the I-140 in my I485 when he applied.. Is that correct ?
IS there any way to get when both employer and attorney is not willing to give it to me ? Or is it really required ?
I dont even have the receipt number.
my point is UCSIS know about approved I- 140 bcz they approved it. Also i am hoping my attorney added some information about the I-140 in my I485 when he applied.. Is that correct ?
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k_usa
07-12 03:48 PM
Visa Bulletin for August 2010 (http://www.travel.state.gov/visa/bulletin/bulletin_5092.html)
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DrRobot
06-28 06:44 PM
Nevermind, i have it figured out. i should've just made the Array a bool[,] (i did, thats how it was fixed).
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Engineer1111
05-19 04:45 AM
My PERM was filed and I got the following email from my lawyers
" Labor Certification by ABC ABC, Inc. on your behalf has been submitted via the Department of Labor�s (DOL) Permanent Online System as of the above date (April 1) . The application will be adjudicated by a National PERM Processing Center. As the DOL does not currently have a processing schedule for PERM applications, we are unable to predict how long processing will take. In the past, PERM applications have been adjudicated anywhere from a few weeks to several months. Unfortunately, there is currently no way for beneficiaries to check the status of the application. We will contact you as soon as we hear anything specific regarding your case. "
1. Is there any place where you can check the status ? Since I do not have any reference number, and from the text of the email, I doubt that.
2. I checked some forums and found that the average processing time is 60 days. Which processing center should I be looking for ? (I work at Oracle in SFO)
" Labor Certification by ABC ABC, Inc. on your behalf has been submitted via the Department of Labor�s (DOL) Permanent Online System as of the above date (April 1) . The application will be adjudicated by a National PERM Processing Center. As the DOL does not currently have a processing schedule for PERM applications, we are unable to predict how long processing will take. In the past, PERM applications have been adjudicated anywhere from a few weeks to several months. Unfortunately, there is currently no way for beneficiaries to check the status of the application. We will contact you as soon as we hear anything specific regarding your case. "
1. Is there any place where you can check the status ? Since I do not have any reference number, and from the text of the email, I doubt that.
2. I checked some forums and found that the average processing time is 60 days. Which processing center should I be looking for ? (I work at Oracle in SFO)
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alejo6819
10-04 08:55 PM
Hello,
I have my FP appointment at this USCIS office in Charlotte, NC at 4801 Chastain Ave.
Has anybody been to this place before?
I wanted to know about parking and any other useful info anybody can provide.
Thanks a lot.
I have my FP appointment at this USCIS office in Charlotte, NC at 4801 Chastain Ave.
Has anybody been to this place before?
I wanted to know about parking and any other useful info anybody can provide.
Thanks a lot.
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elusive
10-14 12:31 PM
I went to Toronto , that was august 2008.
1) he just asked which school i studied when I was in F-1
2) who is your employer.
3) why did you leave studies-- I said I got a good opportunity and I am close to finish it soon.
4) he looked into my previous 797 to verify whther I was out of status any time which I was not
5) Then he said the unofortunately you have a very common last name so we he gave the a sheet , kept the original 797 and gave my passport back to me...took 6months before I got email .. went back and got the visa...
I dont know whether I have to go thorugh that issues again when I go for stamping...
1) he just asked which school i studied when I was in F-1
2) who is your employer.
3) why did you leave studies-- I said I got a good opportunity and I am close to finish it soon.
4) he looked into my previous 797 to verify whther I was out of status any time which I was not
5) Then he said the unofortunately you have a very common last name so we he gave the a sheet , kept the original 797 and gave my passport back to me...took 6months before I got email .. went back and got the visa...
I dont know whether I have to go thorugh that issues again when I go for stamping...
kunjakka
07-13 06:07 AM
Hello All,
I e-filed my first EAD renewal yesterday(07.12.2008). Mine is the classical case where i submitted in the window of August 2007 window and the AP and EAD was approved in October 2007.
My wife is an F-1 student and I concurrently filed on her behalf in Aug 2007.
Now while renewing my wife's EAD in the efile process, I did the following steps
1. Started a new I-765 for wife
2. Filled all the details.
3. Added I-131 also
i went ahead and efiled her application (both EAD and AP). Mine is the emplyment based I-485. Assuming that since she is dependent on me, I marked her application as family based I-485.
Reviewing the pdf, I saw that her documents need to go to the National Benefits Center, while mine is the Texas Service Center.
Did I commit a mistake? If so, how can I correct it.
Thanks for all your input on this one, and also the countless other experiences in the past when i have consulted this wonderful forum......
UK
I e-filed my first EAD renewal yesterday(07.12.2008). Mine is the classical case where i submitted in the window of August 2007 window and the AP and EAD was approved in October 2007.
My wife is an F-1 student and I concurrently filed on her behalf in Aug 2007.
Now while renewing my wife's EAD in the efile process, I did the following steps
1. Started a new I-765 for wife
2. Filled all the details.
3. Added I-131 also
i went ahead and efiled her application (both EAD and AP). Mine is the emplyment based I-485. Assuming that since she is dependent on me, I marked her application as family based I-485.
Reviewing the pdf, I saw that her documents need to go to the National Benefits Center, while mine is the Texas Service Center.
Did I commit a mistake? If so, how can I correct it.
Thanks for all your input on this one, and also the countless other experiences in the past when i have consulted this wonderful forum......
UK
codywang
02-08 02:11 PM
Yes, my EAD was approved and stay with same employer. What happen if I don't go out of country after I get a fresh H1B approval notice?
Yes, you can renew if your 140 is approved, i have done mine, my H1B was expired and used EAD for 2 months, and again file fresh H1B and got approved and went out of country to get stamp done,
Thanks,
Yes, you can renew if your 140 is approved, i have done mine, my H1B was expired and used EAD for 2 months, and again file fresh H1B and got approved and went out of country to get stamp done,
Thanks,
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