anujdhamija
10-24 09:09 PM
I currently hold H4 visa. I got H1 approval (consular) this year. Now instead of applying by consular process (in London), I want to join my spouse on H4 and then apply for COS from within USA.
1. Can I do this?
2. If Yes, how? Which form do I have to fill ? Kindly detail the procedure with applicable costs.
3. When I later, travel outside US, do I then have to have H1 visa stamped in my passport?
4. If Yes, does this 1st visa have to be from home country or could be from Canada etc.?
P.S. I do not have any educational or work background in USA.
1. Can I do this?
2. If Yes, how? Which form do I have to fill ? Kindly detail the procedure with applicable costs.
3. When I later, travel outside US, do I then have to have H1 visa stamped in my passport?
4. If Yes, does this 1st visa have to be from home country or could be from Canada etc.?
P.S. I do not have any educational or work background in USA.
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priderock
04-20 06:40 PM
I got my labor approved in Jan (EB2 - RIR) , I say EB2 because because all the documentation was done supporting EB2 (BS + 5 years). My job requires that and I meet the criteria.
However, when Applying my I140 , the lawyer screwed up and filed under EB3 and got approved.
I very much want to go for EB2. Is it possible to file I140 again under EB2 with the same LC? If I want to re-file, do I have to or do they (USICS) cancel my previous I140 approval ?
Is filing another LC under PERM and I140 safer route than using the current LC ?
What is the best course of action ?
I know there is a clear advantage today in being in EB2 over EB3 (PD wise) and it looks like most people are converting from EB3 to EB2. I am not sure whether there will be any advantage of being in EB2 over EB3 by the time my PD (oct 04) becomes current.
Any input is appreciated. Thanks in advance guys.
However, when Applying my I140 , the lawyer screwed up and filed under EB3 and got approved.
I very much want to go for EB2. Is it possible to file I140 again under EB2 with the same LC? If I want to re-file, do I have to or do they (USICS) cancel my previous I140 approval ?
Is filing another LC under PERM and I140 safer route than using the current LC ?
What is the best course of action ?
I know there is a clear advantage today in being in EB2 over EB3 (PD wise) and it looks like most people are converting from EB3 to EB2. I am not sure whether there will be any advantage of being in EB2 over EB3 by the time my PD (oct 04) becomes current.
Any input is appreciated. Thanks in advance guys.
snathan
08-12 10:56 PM
Hi,
I would like to know can i change employer after my i-140 got approved.My i-140 got approved 6 months back and i have h1 until next year
You can shift to new employer and start the GC process again. The approved I-140 is useful to retain the PD if not revoked. Otherwise no use.
I would like to know can i change employer after my i-140 got approved.My i-140 got approved 6 months back and i have h1 until next year
You can shift to new employer and start the GC process again. The approved I-140 is useful to retain the PD if not revoked. Otherwise no use.
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krishna_brc
06-20 11:33 PM
Marriage based green card for persons already in the US (http://www..com/greencard/familybasedimmigration/persons-in-us.html)
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hsm2007
10-01 12:23 PM
Anyone?
malibuguy007
09-11 02:57 PM
Also I have read conflicting responses e.g. some users have suggested not working and other have said you can work 180 days after EAD expires.
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x1050us
06-29 12:40 AM
140 was filed way after I got 3yr h1
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aadimanav
03-15 01:29 PM
...deleted...
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STAmisha
02-19 05:16 PM
Does anybody has experience of new H1 stamping in Canada (current status in US is H4 visa)
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af101010
02-01 12:18 PM
Hi
I have heard in the past from a lawyer that when in H1B status the filing of Green Card must be done and labor certification approved before the 5th anniversary of H1B status. In other words, one cannot start the process for a Green Card in the 6th year of H1B status.
Is this correct? Or is the lawyer being overly cautious?
If such a rule does exist can you please point me to the exact regulation?
Thanks!
I have heard in the past from a lawyer that when in H1B status the filing of Green Card must be done and labor certification approved before the 5th anniversary of H1B status. In other words, one cannot start the process for a Green Card in the 6th year of H1B status.
Is this correct? Or is the lawyer being overly cautious?
If such a rule does exist can you please point me to the exact regulation?
Thanks!
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GC_for_All
07-18 10:23 AM
Hi
Your help on the matter is appreciated. I am EB3-I. I filed for I-485 in July-07. I have been working on H1. Now I am going to switch to EAD by AC21. My new job has same job title and job duties. They have another condition for job. I will have to have a Masters in 8 years of starting my job.Their basic requirement is still Bachelors but Masters condition is kind of extra condition. My question is does this give me any trouble for my GC process because of Masters condition.Another question is will I be able to switch to EB2 based on this.
Your help on the matter is appreciated. I am EB3-I. I filed for I-485 in July-07. I have been working on H1. Now I am going to switch to EAD by AC21. My new job has same job title and job duties. They have another condition for job. I will have to have a Masters in 8 years of starting my job.Their basic requirement is still Bachelors but Masters condition is kind of extra condition. My question is does this give me any trouble for my GC process because of Masters condition.Another question is will I be able to switch to EB2 based on this.
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Blog Feeds
01-09 02:20 PM
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiP0GcrlIV6r-8AqUzgI8haUUyLIf1vaSRizKyL7qcLgm_7WFxj_QZ7TryR_jlv_5GSPQ7whgfRTBuBUAld3b_quZtrp7RTHHFbqvPiUdp7DDQ_Xtq6cvw3p2Jfnfgq9ZUqptWSOgPcMCnY/s320/NILC_logo_subpage.gif (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiP0GcrlIV6r-8AqUzgI8haUUyLIf1vaSRizKyL7qcLgm_7WFxj_QZ7TryR_jlv_5GSPQ7whgfRTBuBUAld3b_quZtrp7RTHHFbqvPiUdp7DDQ_Xtq6cvw3p2Jfnfgq9ZUqptWSOgPcMCnY/s1600-h/NILC_logo_subpage.gif)
I blogged about Affidavits of Support here (http://martinvisalaw.blogspot.com/2009/03/faqs-on-affidavit-of-support.html) last year, and that blog post has received far more comments so far than any other post. I cannot answer specific questions via the blog , so I hope that last year's FAQs are a help. I recently found another great FAQ publication here (http://www.nilc.org/ce/nilc/sponsoredimms&bens-na-2009-08.pdf), from the National Immigration Law Center (NILC). The NILC article links to other useful resources from the government and from NILC itself. I hope you find this as informative as I did.
https://blogger.googleusercontent.com/tracker/2893395975825897727-1413344651087124473?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2010/01/more-on-affidavits-of-support.html)
I blogged about Affidavits of Support here (http://martinvisalaw.blogspot.com/2009/03/faqs-on-affidavit-of-support.html) last year, and that blog post has received far more comments so far than any other post. I cannot answer specific questions via the blog , so I hope that last year's FAQs are a help. I recently found another great FAQ publication here (http://www.nilc.org/ce/nilc/sponsoredimms&bens-na-2009-08.pdf), from the National Immigration Law Center (NILC). The NILC article links to other useful resources from the government and from NILC itself. I hope you find this as informative as I did.
https://blogger.googleusercontent.com/tracker/2893395975825897727-1413344651087124473?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2010/01/more-on-affidavits-of-support.html)
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iamgsprabhu
04-19 10:10 PM
Want to Know What the President Thinks about Immigration Reform? Ask Him!
Cite as "AILA InfoNet Doc. No. 11041944 (posted Apr. 19, 2011)"
On Wednesday, April 20th at 1:45 pm PT / 4:45 pm ET, President Obama is hosting a live Facebook town hall event titled �Shared Responsibility and Shared Prosperity� from Facebook headquarters in Palo Alto, California. The event will be live streamed on the White House Facebook page and the White House website.
Participate in this event by submitting your questions (immigration-related or not) on the White House Facebook page or submit a question using the following form.
Is there anybody from core team who can communicate our EB3 delay to the President ?
Cite as "AILA InfoNet Doc. No. 11041944 (posted Apr. 19, 2011)"
On Wednesday, April 20th at 1:45 pm PT / 4:45 pm ET, President Obama is hosting a live Facebook town hall event titled �Shared Responsibility and Shared Prosperity� from Facebook headquarters in Palo Alto, California. The event will be live streamed on the White House Facebook page and the White House website.
Participate in this event by submitting your questions (immigration-related or not) on the White House Facebook page or submit a question using the following form.
Is there anybody from core team who can communicate our EB3 delay to the President ?
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fittan
07-25 02:46 PM
Hi,
I just filed I-485 for myself and my wife. She is currently on OPT and has an approved EAD (F-1).
I can't seems to get a definite answer on how the filing will affect her status. Here's what I know so far, pls correct me if I am wrong:
1) F-1 is non-immigrant intent. Hence, when the I-485 is submitted she is no longer on F-1 but "AOS pending" status.
2) She "can" continue to work using the EAD. I said "can" because technically she is not supposed to but this is a grey area.
3) The PROBLEM is when she decides to travel. There is high risk that the immigration officer will see that she has filed I-485 and hence her F-1/OPT is no longer valid.
4) The PROBLEM in (3) can be circummvent if she uses AP from the I-485 application.
Am I missing anything? Thanks.
Fittan
I just filed I-485 for myself and my wife. She is currently on OPT and has an approved EAD (F-1).
I can't seems to get a definite answer on how the filing will affect her status. Here's what I know so far, pls correct me if I am wrong:
1) F-1 is non-immigrant intent. Hence, when the I-485 is submitted she is no longer on F-1 but "AOS pending" status.
2) She "can" continue to work using the EAD. I said "can" because technically she is not supposed to but this is a grey area.
3) The PROBLEM is when she decides to travel. There is high risk that the immigration officer will see that she has filed I-485 and hence her F-1/OPT is no longer valid.
4) The PROBLEM in (3) can be circummvent if she uses AP from the I-485 application.
Am I missing anything? Thanks.
Fittan
more...
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nuke
03-18 11:11 PM
I have to file a loan application which requires me to state if I am a Lawful Permanent resident alien or not; and I am not sure if I am, can somebody please clarify if I am a Lawful Permanent resident alien or not if I have a pening I-485 application and I am working on EAD?
Thanks.
Thanks.
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nobody
04-30 07:57 PM
*stamp pets you back*
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cantbelieve
07-06 02:07 PM
Hi,
Please help me out on this.
My employer provided me with substituion LC with PD: Oct 2002, EB, and filed an I140 using it last year. The RD on it is Nov 2005. The 140 had 2 RFEs both asking for submission of original LC. As per the attorney the original LC was submitted with the application, and the attorney requested the CIS to get the copy of LC from DOL, as per the regulation as she says. Now this week CIS as send a denial on this case.
My questions are:
1. The attorney says, she can no longer get the duplicate of the LC from the DOL, as it's an old substitution case. Is there any other way, or solution on this?
2. The origianal LC was filed along with the I140 petition. Is that usual? Should all the originals must have been submitted only on request?
3. Is there any way to make this case alive again? What are the chances of approval if we reopen the case.
Thanks,
CB
Please help me out on this.
My employer provided me with substituion LC with PD: Oct 2002, EB, and filed an I140 using it last year. The RD on it is Nov 2005. The 140 had 2 RFEs both asking for submission of original LC. As per the attorney the original LC was submitted with the application, and the attorney requested the CIS to get the copy of LC from DOL, as per the regulation as she says. Now this week CIS as send a denial on this case.
My questions are:
1. The attorney says, she can no longer get the duplicate of the LC from the DOL, as it's an old substitution case. Is there any other way, or solution on this?
2. The origianal LC was filed along with the I140 petition. Is that usual? Should all the originals must have been submitted only on request?
3. Is there any way to make this case alive again? What are the chances of approval if we reopen the case.
Thanks,
CB
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marty
06-17 01:21 PM
I Just learnt that the Name Check for my I-485 was processed under a different Alien number when it should be processed by alien number assigned in I-485 case. Since it was cleared under a different number (probably the one for I-140), I-485 file did not have this information and now they are getting it fixed. So when everything in my case is current, this came up right at the time when they will almost be getting out of visa #s. :(
I recommend you should all contact your service centers where your I-485 was filed and make sure that yoru name check is in process or got processed under correct alien number. If the service center refuse to provide any information, contact your congressman office and have them verify this information. You can find who is your local congressman by going to http://www.visi.com/juan/congress/.
I recommend you should all contact your service centers where your I-485 was filed and make sure that yoru name check is in process or got processed under correct alien number. If the service center refuse to provide any information, contact your congressman office and have them verify this information. You can find who is your local congressman by going to http://www.visi.com/juan/congress/.
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June 11th, 2005, 02:48 PM
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