hiralal
06-19 06:59 AM
the above post is a good explanation. I wonder if there are any ladies in the forum who can say that the article above sounds correct or if it is incorrect :D:rolleyes:
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reddymjm
03-17 02:01 PM
I am in same situation and had a meeting with my attorney to get more information, according to his experience with all his cases to date, he said there is 70 - 30 ratio, 70% have recieved rfe and 30% got approved without rfe. And after july fiasco he said it's better to wait for rfe and respond rather then ammending 485 application, now that's another question that my attorney will easily make it to top 10 list of all time worst attorneys. So I am looking for second opinion too.
So I would say wait till you get an RFE and respond ASAP.
So I would say wait till you get an RFE and respond ASAP.
busy
03-08 10:05 PM
Hi,
My husband's H1B is over on 22nd February 2008. Now he trying to file AC21 with another company. Is there any way he can apply for H1B transfer with that company as couple of weeks already passed? Appreciate your help.
My husband's H1B is over on 22nd February 2008. Now he trying to file AC21 with another company. Is there any way he can apply for H1B transfer with that company as couple of weeks already passed? Appreciate your help.
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njsucks
08-04 09:21 AM
from immigration-law.com
The period of 14 months may be a long time for the immigrants but a short time for the agency to eliminate tons of complicated labor certification applications.
Well. We have been waiting for so long that every day is a torture. 14 months IS a LOOOONG time on top of it. what have they been doing beforet this 14 months?
The period of 14 months may be a long time for the immigrants but a short time for the agency to eliminate tons of complicated labor certification applications.
Well. We have been waiting for so long that every day is a torture. 14 months IS a LOOOONG time on top of it. what have they been doing beforet this 14 months?
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ag11
09-04 04:08 PM
In one of my friend's case they approved H1 for 6 months, because he had contract only for 6 months. He just completed 3 years and this is his first extension request. :eek: Who the hell in this world writes contract for more than 6 months even if they have requirements for next 2 years.
Another case I heard was immigration officer at POE granted only 1 year I-94 even though he had 2 years left in his visa. It seems IO spoke to candidates manager and advised him to hire someone locally and get him trained within a year.
Are we in real United States of America? So much of hate around.
Which service center was your friend from? California Service Center is said to be the most restrictive one and they have been giving out H1B only for the duration of contracts. This doesn't make any sense as who in this consulting world and in this economy can give a commitment for a full 3 years of H1B extension. Vermont is supposed to be more liberal as compared to California, but we can never tell.
My company filed for a 7 yr extension of H1B and I received an RFE. RFE has become the norm for H1B for 90% of cases for all consulting companies. My lawyer was smart to predict in advance that I should expect an RFE.
On POE, many of my friends have been harrassed recently. They have been racially profiled and questioned. Better to have all your documentation with you. You might want to condider visiting the immigration office to explain to them that the date on i94 seems to be a mistake as the visa is for 2 full years. They did the same mistake on mine with the year, but I point out right there and he corrected it.
Good luck
Another case I heard was immigration officer at POE granted only 1 year I-94 even though he had 2 years left in his visa. It seems IO spoke to candidates manager and advised him to hire someone locally and get him trained within a year.
Are we in real United States of America? So much of hate around.
Which service center was your friend from? California Service Center is said to be the most restrictive one and they have been giving out H1B only for the duration of contracts. This doesn't make any sense as who in this consulting world and in this economy can give a commitment for a full 3 years of H1B extension. Vermont is supposed to be more liberal as compared to California, but we can never tell.
My company filed for a 7 yr extension of H1B and I received an RFE. RFE has become the norm for H1B for 90% of cases for all consulting companies. My lawyer was smart to predict in advance that I should expect an RFE.
On POE, many of my friends have been harrassed recently. They have been racially profiled and questioned. Better to have all your documentation with you. You might want to condider visiting the immigration office to explain to them that the date on i94 seems to be a mistake as the visa is for 2 full years. They did the same mistake on mine with the year, but I point out right there and he corrected it.
Good luck
imh1b
05-19 09:37 AM
Good to find Immigration Voice name in this article.
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rajum02
05-14 11:07 AM
Howard County .. ( Columbia, ellicotcity)
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Bobby Digital
May 19th, 2005, 09:24 AM
J. is right. Manual focus and exposure bracketing are what you need to do. I have a D70 and have learned quite a lot with it, as you will. I take a meter reading in the auto mode and then switch to manual mode enter in the same settings and adjust as needed. Usually with a smaller aperture (larger number).
Hope this helps.
Hope this helps.
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vallabhu
12-12 02:08 PM
Your wife might have a problem in leaving US with expired I94 , if the immigration officer who is collecting sees that I94 is expired she is subject to 10 year BAN unless she goes CANADA or MEXICO route where they don't collect I94's and to come back in she needs advance parole to be approved receipt may not help .
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GCDo
04-24 12:33 AM
My lawyer just informed me that I received an RFE on my wife's 485
USCIS is asking for "Memorandum of marriage"
Is it the same as Marriage certificate. I have already send the marriage certificate which states that the marriage has been registered under Hindu marriage registration rules. My name as well as my wifes name and date of amrriage is there.
Why do they need this additional proof Not sure. Has anyone faced this RFE?
Looks like some crazy guys are working in USCIS hell bent on harassing legal immigrants.
I have been given just four weeks to respond.
USCIS is asking for "Memorandum of marriage"
Is it the same as Marriage certificate. I have already send the marriage certificate which states that the marriage has been registered under Hindu marriage registration rules. My name as well as my wifes name and date of amrriage is there.
Why do they need this additional proof Not sure. Has anyone faced this RFE?
Looks like some crazy guys are working in USCIS hell bent on harassing legal immigrants.
I have been given just four weeks to respond.
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canmt
10-26 11:00 AM
Ashkam is right...
Labor has to be pending 1 year. I think you will get your PERM approval soon as DOL at present is free.
Be prepared with the paper work for your I-140 premium so that you can file it as soon as you get the PERM approval.
The lawyers will say it will take them no time but they will delay it by at-least 3 weeks to get the paper work done.
In the worst case go for a vacation for 4 months to Canada, get your paper work mailed to you, get the extension stamping done and be back.
I hope this helps and good luck on your green card pursuit...
Labor has to be pending 1 year. I think you will get your PERM approval soon as DOL at present is free.
Be prepared with the paper work for your I-140 premium so that you can file it as soon as you get the PERM approval.
The lawyers will say it will take them no time but they will delay it by at-least 3 weeks to get the paper work done.
In the worst case go for a vacation for 4 months to Canada, get your paper work mailed to you, get the extension stamping done and be back.
I hope this helps and good luck on your green card pursuit...
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cooler
07-07 04:42 PM
As we file our taxes jointly and hence instead of making advance payments/estimated tax payments quarterly, cant I just have my employer(w2 based) withhold more money from my paycheck every month?
Would this extra payment through this channel suffice for the purposes of estimated payments?
Would this extra payment through this channel suffice for the purposes of estimated payments?
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saajed
11-16 02:36 PM
if you file AOS (I-485) then only you will get EAD/AP benefits, but to file I-485 you need to stay in visa like H1B/H4. if you are H1B visa holder, you will eligible to file for it as prinicipal applicant but inorder for your spouse/dependents to qualify as dependent, she has to be in dependent visa (H4) at filing time, so F1 holder is considered as student not as dependent so they are not eligible to file.
Disclaimer: use it at your own risk, i'm not an immigration attroney, so please consult one for your situations as laws/procedures are changing often.
I have heard that it doesnt matter if your spouse is on F1 or H1. If one applicant files for I-485, his spouse will be included in the application never the less.
Disclaimer: use it at your own risk, i'm not an immigration attroney, so please consult one for your situations as laws/procedures are changing often.
I have heard that it doesnt matter if your spouse is on F1 or H1. If one applicant files for I-485, his spouse will be included in the application never the less.
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xu1
08-03 01:34 PM
To be able to file EB2 the position has to belong to O*net zone 5. For instance if you are an engineer, open the link http://online.onetcenter.org/find/result?s=engineer&g=Go and click over the engineering that mostly suits you. If that position is job zone 4 then it is EB3 if it is job zone 5 then it is EB2. Then you have to check the salary for the area where you work, if your basic salary is superior to the minimum (level 1) of the position then you are fine.
Though I don't know anything about the zone 5 requirement, judging by the vast majority of H1b jobs there are, very few are qualified zone 5. Thus there would have been very few EB2 filing (PERM or the other)
This is not evidenced by what I have seen on many forums, or people that I know that filed for EB2 and then had it approved.
Though I don't know anything about the zone 5 requirement, judging by the vast majority of H1b jobs there are, very few are qualified zone 5. Thus there would have been very few EB2 filing (PERM or the other)
This is not evidenced by what I have seen on many forums, or people that I know that filed for EB2 and then had it approved.
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pmpforgc
11-22 03:09 PM
Hi
I am working in University in US and my I-140 (EB-2 Sch-A) is approved and my I-485 is pending. I have H-1B approved from March-06 but yet not stamped.
I am planing to Go to India some time next summer.
But before that I am planing to go to MEXICO ( MATAMOROS) for H-1B and
H-4 stamping for my family.
Do I need to carry any extra documents apart from those needed for H-1 B stamping?
DO I need to Get Advance parole before going to mexico for H-1B stamping?
Does the my going out of country with pending I-485 without taking AP will affect pending application of I-485?
Your experienced advise will help me a lot.
I am working in University in US and my I-140 (EB-2 Sch-A) is approved and my I-485 is pending. I have H-1B approved from March-06 but yet not stamped.
I am planing to Go to India some time next summer.
But before that I am planing to go to MEXICO ( MATAMOROS) for H-1B and
H-4 stamping for my family.
Do I need to carry any extra documents apart from those needed for H-1 B stamping?
DO I need to Get Advance parole before going to mexico for H-1B stamping?
Does the my going out of country with pending I-485 without taking AP will affect pending application of I-485?
Your experienced advise will help me a lot.
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Suva
07-18 03:13 PM
As you are from Turkey I think you should not be worried. From Oct 1 new visa numbers would be available and you should be current from then on. Only India, China, Mexico and Philipines are affacted coutries where dates get retrogressed due to unavailability of visa numbers. So you should not worried about your dates being current.
Disclaimer: I am not a lawyer so don't make any decision based on my information.
Hello guys,
First of all thank you very much for your answers in advance.
I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.
I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.
I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.
So, here are my questions:
Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?
I am not planning to change my job. So, would my I-140 have an expiration date?
Do you have any other suggestions? Thank you!
Disclaimer: I am not a lawyer so don't make any decision based on my information.
Hello guys,
First of all thank you very much for your answers in advance.
I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.
I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.
I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.
So, here are my questions:
Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?
I am not planning to change my job. So, would my I-140 have an expiration date?
Do you have any other suggestions? Thank you!
more...
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chanduv23
06-18 02:27 PM
Hi,
I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.
I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...
My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help
h1 transfer is perfectly legal and you will not have any stamping issues.
I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.
I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...
My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help
h1 transfer is perfectly legal and you will not have any stamping issues.
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helpfriends
04-16 01:22 PM
they entered on a green form and no, it is not attached to the L1A Petition approval. So, they can just leave and then get stamped coming back in?
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gg_ny
04-07 06:19 PM
Here's another parallel Idea.
Let us try to schedule a meet with the prospective presidential Candidates (McCain, Clinton and Obama) instead to let them know our issues.
By the time we actually get a meeting with the current president, his term may have expired. The presidential candidates, on the other hand will have some time now (not a whole lot but a little). If we squeeze some time there, we may be able to atleast get our issues out there.
This is outrageaous. Three postings above, i had suggested the same idea. How come you are not even acknowledging my posting when you (essentially)reword the content? It does appear from your mail that you had been following up the postings in the thread.
Let us try to schedule a meet with the prospective presidential Candidates (McCain, Clinton and Obama) instead to let them know our issues.
By the time we actually get a meeting with the current president, his term may have expired. The presidential candidates, on the other hand will have some time now (not a whole lot but a little). If we squeeze some time there, we may be able to atleast get our issues out there.
This is outrageaous. Three postings above, i had suggested the same idea. How come you are not even acknowledging my posting when you (essentially)reword the content? It does appear from your mail that you had been following up the postings in the thread.
ssterian01
07-05 01:33 PM
Thanks a lot, prem_goel.
I will probably have to change emplyers based on EAD and lose my H1B status and she will lose her H4. Before that, I intend to put her into ESL(English as a Second Language) school to get her an F1 visa so she can stay inside US until I get my I485 approved
I read eveywhere and talked briefly to my lawyer about it and he had no objections and didn't raise any red flags so I assumed it would be fine to proceed with F1 plan.
Now I have to give a second thought I guess. I will go to my lawyer and try to get all the answers.
I understand the risks involved with me getting the I485 denied. I heard there are very low. Also, I read that adding F1 to I485 app is allowed and usual procedure, are you sure it might be rejected ? (my wife entered as H4 in the country, then will go on F1). I know there is always a chance to get denied.
How big would the combined risks be to get screwed here (wither 485 denied or F1 spouse not added on I485)? Like very low, low, medium or likely ? :)
Thanks a bunch
I will probably have to change emplyers based on EAD and lose my H1B status and she will lose her H4. Before that, I intend to put her into ESL(English as a Second Language) school to get her an F1 visa so she can stay inside US until I get my I485 approved
I read eveywhere and talked briefly to my lawyer about it and he had no objections and didn't raise any red flags so I assumed it would be fine to proceed with F1 plan.
Now I have to give a second thought I guess. I will go to my lawyer and try to get all the answers.
I understand the risks involved with me getting the I485 denied. I heard there are very low. Also, I read that adding F1 to I485 app is allowed and usual procedure, are you sure it might be rejected ? (my wife entered as H4 in the country, then will go on F1). I know there is always a chance to get denied.
How big would the combined risks be to get screwed here (wither 485 denied or F1 spouse not added on I485)? Like very low, low, medium or likely ? :)
Thanks a bunch
learning01
05-25 06:41 AM
and we need to close one, prefererably this one.