Ann Ruben
03-29 07:42 AM
First, if at all possible, your employer should appeal the denial of the I-140. There have been a series of AAO cases on the issue of educational equivalency, and it may be possible to have the denial reversed on appeal. Even if the appeal is eventually denied, your eligibility for one year H-1 extensions after 6 years will be preserved as long as the appeal is pending.
At the same time, you should begin a new PERM application immediately to insure that it is successfully filed before August. You and your employer should consult with and retain an immigration attorney
who has expertise in structuring PERM applications in situations such as yours. If you are unsure whether to rely on the advice of the company's new attorney, you should consider an extended consultation with an attorney in whom you have confidence. If that attorney does not agree with the course of action recommended by the company's attorney, you could request a detailed opinion letter to help guide your company and its lawyer in structuring your case successfully.
At the same time, you should begin a new PERM application immediately to insure that it is successfully filed before August. You and your employer should consult with and retain an immigration attorney
who has expertise in structuring PERM applications in situations such as yours. If you are unsure whether to rely on the advice of the company's new attorney, you should consider an extended consultation with an attorney in whom you have confidence. If that attorney does not agree with the course of action recommended by the company's attorney, you could request a detailed opinion letter to help guide your company and its lawyer in structuring your case successfully.
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prout02
02-19 12:40 PM
So now USA considers TN as a country?? Some conspiracy, eh??
ChainReaction
08-08 11:53 AM
Hi ,
Finally after a long wait i heard some good news from my lawyer that my labor from PBEC has been approved.
I have few questions in regards to my H1-B visa extension . The labor that got approved was from my previous company PD March2003 and i also have labor pending for my current company PD Feb2005.
I wanted to apply for three yrs extension on my H1B I will be completing my 5th yr in Feb 15th 2007 and would like to know if i can get 3yr extension after premium processing i-140 bec based on some of the post on IV i came to this conclusion that one has to be in/past their 6th yr term on H1b according to AC21?
Secondly, i would like to know if i can use copy of approved i-140 from my previous company and get 3yrs H1b extension.
Finally after a long wait i heard some good news from my lawyer that my labor from PBEC has been approved.
I have few questions in regards to my H1-B visa extension . The labor that got approved was from my previous company PD March2003 and i also have labor pending for my current company PD Feb2005.
I wanted to apply for three yrs extension on my H1B I will be completing my 5th yr in Feb 15th 2007 and would like to know if i can get 3yr extension after premium processing i-140 bec based on some of the post on IV i came to this conclusion that one has to be in/past their 6th yr term on H1b according to AC21?
Secondly, i would like to know if i can use copy of approved i-140 from my previous company and get 3yrs H1b extension.
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skilledWorker
08-18 01:09 AM
You are on AOS PENDING status. Since u've a valid H1 stamped in ur passport, you are free to roam in-and-out of the country without any issues.
Your H-1 will be invalid until your 485 is approved or you use EAD to work or AP to re-enter US.
Your H-1 will be invalid until your 485 is approved or you use EAD to work or AP to re-enter US.
more...
same_old_guy
10-27 05:32 PM
That's not completely true. There are improvements in UCIS processing. If you check H1 or I-140 processing time 2 years back , it was much worse then. I dont think USCIS processing time is a problem for us right now. Of course it would be nice to have faster service for H1 and I-140 or 485.
wandmaker
05-12 01:00 PM
I understand that a H1B visa is the expense to the employer and is not a taxable benefit to the employee. If a company wishes to pay for the green card for the employee, granting them permanent residence in the U.S., is this a taxable benefit to the employee? Should it be added to their W-2? If yes, where is the IRS documentation on this? I can�t find it. Thanks.
If the company pays for GC expenses directly, then it is an expense to the company, and it will not be reported on W2 as it is not a taxable benefit. However, if you are being reimbursed for GC expenses, *some* companies report this in paycheck as non-taxable income, again you will not be paying taxes to IRS on this. It is just a record keeping.
If the company pays for GC expenses directly, then it is an expense to the company, and it will not be reported on W2 as it is not a taxable benefit. However, if you are being reimbursed for GC expenses, *some* companies report this in paycheck as non-taxable income, again you will not be paying taxes to IRS on this. It is just a record keeping.
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manderson
03-04 10:47 AM
i think u will be covered under the new NC>180 policy so u can also send a demand letter through your lawyer after March 10, 08 (i am inferring this from updated FAQs for NC>180: pls see that FAQ for more info).
if u want to find out about NC status, call 18003755283. Press
1
2
2
6
1
enter receipt number
1
1
keep listening to updates on case
3
4 you will be connecting to 2nd Level IO
if u want to find out about NC status, call 18003755283. Press
1
2
2
6
1
enter receipt number
1
1
keep listening to updates on case
3
4 you will be connecting to 2nd Level IO
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485_spouse
06-07 10:22 AM
Hi All,
Yesterday we e-filed for my wife's 3rd EAD and 4th AP. This will be our first efile.
As we need to send supporting documents for both applications.
Should we send them in one package or two?
Printed address for both application is same!
Is it because I-131 is being considered as child request of I-765?
Thanks in advance.
485_spouse
Yesterday we e-filed for my wife's 3rd EAD and 4th AP. This will be our first efile.
As we need to send supporting documents for both applications.
Should we send them in one package or two?
Printed address for both application is same!
Is it because I-131 is being considered as child request of I-765?
Thanks in advance.
485_spouse
more...
lost_angeles
03-01 06:07 PM
Hi,
I am relocating to a different city and my current employer, who started my Green Card process, is ready to offer me job as a consultant. This would be a tele-commuting / remote position. I would be paid on an hourly basis -- 40 hours per week.
I am currently on H1B visa, but also have a valid EAD.
Would accepting this offer be ok for my ongoing green card process? Any ideas on how I can approach this offer? Or would I be better off looking for a another permanent position with some other company.
Would you please let me know your thoughts.
Thanks!
I am relocating to a different city and my current employer, who started my Green Card process, is ready to offer me job as a consultant. This would be a tele-commuting / remote position. I would be paid on an hourly basis -- 40 hours per week.
I am currently on H1B visa, but also have a valid EAD.
Would accepting this offer be ok for my ongoing green card process? Any ideas on how I can approach this offer? Or would I be better off looking for a another permanent position with some other company.
Would you please let me know your thoughts.
Thanks!
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nlssubbu
11-29 11:38 AM
Hello experts,
Here is a situation of my friend .
1.He lost his and his wife's passport alongwith the receipt notices and FP notice.The current visa which has expired and I-94 is also lost.
2.The lost passport includes the old passport with old visa in it.
Can you please throw some light as to what are his options.
Thanks & Regards
Did he filed a police complaint? If not, ask him to file a police complaint and then apply for a duplicate passport with a copy of old passport along with the copy of police complaint.
After getting the duplicate passport, (if he goes to his respective embassy, I think he may be able to get the duplicate in a day) ask him to call USCIS and talk to immigration officer. He also may need to contact his attorney who will provide a plan to obtain duplicate copies.
Thanks
Here is a situation of my friend .
1.He lost his and his wife's passport alongwith the receipt notices and FP notice.The current visa which has expired and I-94 is also lost.
2.The lost passport includes the old passport with old visa in it.
Can you please throw some light as to what are his options.
Thanks & Regards
Did he filed a police complaint? If not, ask him to file a police complaint and then apply for a duplicate passport with a copy of old passport along with the copy of police complaint.
After getting the duplicate passport, (if he goes to his respective embassy, I think he may be able to get the duplicate in a day) ask him to call USCIS and talk to immigration officer. He also may need to contact his attorney who will provide a plan to obtain duplicate copies.
Thanks
more...
sachin1234
02-08 07:17 PM
Hi,
My wife is going to apply for both H4 and H1 visa. Since marriage is in March end, she will come to US on H4 visa. Her H1 visa will be applied as if she were in India. Now her I94 will say H4. Once she gets her H1B, she will have to go out of country to get new I94.
We can go to Mexico to get it stamped and hence get new I94. If for some reason, H1B is rejected, can she still enter the US on H4 visa?
Thanx,
My wife is going to apply for both H4 and H1 visa. Since marriage is in March end, she will come to US on H4 visa. Her H1 visa will be applied as if she were in India. Now her I94 will say H4. Once she gets her H1B, she will have to go out of country to get new I94.
We can go to Mexico to get it stamped and hence get new I94. If for some reason, H1B is rejected, can she still enter the US on H4 visa?
Thanx,
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rameshvaid
09-16 03:12 PM
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Lisap
09-27 04:37 PM
So those that filed before the 30th of July will have to pay 340/ year until we receive our green card??
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Canadian_Dream
10-04 04:30 PM
Check the I-94 date on the previous extension. If she overstayed beyond that date it could lead to 3/10 year bar depending upon her period of overstay. USCIS rarely ever grant extension for more that 6 months after the initial six month admission.
my mothe in law is visiting us. she came to the Us last Aug 2006 as a B2 (tourist visa). we extented her visa once which iwas valid for Aug 8, 2007. then we applied for the extention again. yesterday we received the letter saying USCIS is not going to extend the visa anymore. the application had been rejected. but they didn't mentioned any date in the letter about when she have to go back.
what is safe for her? does she have any deadline to go back? is it 15 days or a month....
someone please let me know...thanks ahead
my mothe in law is visiting us. she came to the Us last Aug 2006 as a B2 (tourist visa). we extented her visa once which iwas valid for Aug 8, 2007. then we applied for the extention again. yesterday we received the letter saying USCIS is not going to extend the visa anymore. the application had been rejected. but they didn't mentioned any date in the letter about when she have to go back.
what is safe for her? does she have any deadline to go back? is it 15 days or a month....
someone please let me know...thanks ahead
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sivasankar_eppe
07-17 08:54 PM
My 140 filled on July 6th 2007 . No receipt yet . How to file 485 without 140 receipt ? Is there any solution for this ?
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pappu
12-13 04:20 PM
Good Idea.
We have 'invite friends' on the left navigation area of this website.
http://immigrationvoice.org/index.php?option=com_iv_invite_friends&Itemid=55
We all must use it more often to sent the message about IV to as many people as possible.
We have 'invite friends' on the left navigation area of this website.
http://immigrationvoice.org/index.php?option=com_iv_invite_friends&Itemid=55
We all must use it more often to sent the message about IV to as many people as possible.
more...
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virtual55
03-04 01:19 PM
Hi All,
We need to work towards fixing the USCIS Online Case Status System of Texas Service Center, lot of people are not receiving updates in email/website about their cases.
We need to work towards fixing the USCIS Online Case Status System of Texas Service Center, lot of people are not receiving updates in email/website about their cases.
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anishNewbie
09-04 06:32 PM
Below are the 2 listed jobs.. I am currently working as 15-1051.00 Computer Systems Analysts for XXX comp... I have been working for more than 3 years.. They are planning to file my GC soon..
I know for a fact that you cannot count current employer exp for GC. If i start working for the same employer on 15-1031.00 Computer Software Engineers, Applications , is it more than 50% different in role so i can count my 3 years experience when applying my GC ??
Also do i have to file a new H1 for this 15-1031.00 Computer Software Engineers, Applications job from same employer ??
All Attorney/ Senior memeber.. please guide me on this..
15-1051.00 Computer Systems Analysts
Analyze science, engineering, business, and all other data processing problems for application to electronic data processing systems. Analyze user requirements, procedures, and problems to automate or improve existing systems and review computer system capabilities, workflow, and scheduling limitations. May analyze or recommend commercially available software. May supervise computer programmers.
15-1031.00 Computer Software Engineers, Applications
Develop, create, and modify general computer applications software or specialized utility programs. Analyze user needs and develop software solutions. Design software or customize software for client use with the aim of optimizing operational efficiency. May analyze and design databases within an application area, working individually or coordinating database development as part of a team.
I know for a fact that you cannot count current employer exp for GC. If i start working for the same employer on 15-1031.00 Computer Software Engineers, Applications , is it more than 50% different in role so i can count my 3 years experience when applying my GC ??
Also do i have to file a new H1 for this 15-1031.00 Computer Software Engineers, Applications job from same employer ??
All Attorney/ Senior memeber.. please guide me on this..
15-1051.00 Computer Systems Analysts
Analyze science, engineering, business, and all other data processing problems for application to electronic data processing systems. Analyze user requirements, procedures, and problems to automate or improve existing systems and review computer system capabilities, workflow, and scheduling limitations. May analyze or recommend commercially available software. May supervise computer programmers.
15-1031.00 Computer Software Engineers, Applications
Develop, create, and modify general computer applications software or specialized utility programs. Analyze user needs and develop software solutions. Design software or customize software for client use with the aim of optimizing operational efficiency. May analyze and design databases within an application area, working individually or coordinating database development as part of a team.
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kavas
03-31 10:12 AM
why do u think so rajesh..most the senators R and D are speaking of their own immigrant experiences andsupporting illegals.
even if the bill passes ,we r not getting much relief if in eb3.we should be trying for a amendment to remove country cap or file i-485.time is slipping from our hand s though and only lobbyist can do anything at this point
even if the bill passes ,we r not getting much relief if in eb3.we should be trying for a amendment to remove country cap or file i-485.time is slipping from our hand s though and only lobbyist can do anything at this point
gvenkat
10-10 04:02 PM
Isnt that stupid.. I'm baffled at their brilliance? why cant they issue a reciept notice there it self.. :eek:
bestia
03-20 03:30 AM
You are fine, you can use AC21. You don't need to have I-140 approved to invoke AC21. You can even port your H1b to company A or you can just use your EAD. You just have to make sure that they won't withdraw your pending I-140 and properly reply to any RFE.
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