justice4all
02-02 05:15 PM
Hello,
I am planning to apply F1 for my wife so that she can avail OPT after graduation to work full time. My I140 has already been approved and I haven't applied my I485 yet. Can I go ahead or there any complications? Lawyers / gurus , suggestions please !!
I am planning to apply F1 for my wife so that she can avail OPT after graduation to work full time. My I140 has already been approved and I haven't applied my I485 yet. Can I go ahead or there any complications? Lawyers / gurus , suggestions please !!
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snathan
02-19 04:57 PM
I have my labor cleared and 140 applied in 2007. Later in 2007 I had filed for 485 based on the pending 140 application and received EAD as well. But the 140 was denied later due to ineligibility to file on EB2 and a new one I140 was applied in EB2 refering the pending 485 application and the same old labor. This I140 has been pending since last few years and my attorney only received a letter stating it is under review, when a SR was raised. Meanwhile I have received EAD and AP extensions properly based on the pending 485.
I would like to apply 140 again from a different company using the old labor and refering the pending 485 application sine i am currently on EAD using the pending 485 application.
Questions
1. Can i do that?
2. If so, what documents would i need from my company to process this.
1. What is the point in applying EB2 again for the same labor when you are not eligible. It will be denied sooner or later. Either you should have applied in EB3 I-140 or should have started a new labor process. You just wasted your time.
2. No you can not apply for new I-140 with new employer when the labor belongs to different employer
I would like to apply 140 again from a different company using the old labor and refering the pending 485 application sine i am currently on EAD using the pending 485 application.
Questions
1. Can i do that?
2. If so, what documents would i need from my company to process this.
1. What is the point in applying EB2 again for the same labor when you are not eligible. It will be denied sooner or later. Either you should have applied in EB3 I-140 or should have started a new labor process. You just wasted your time.
2. No you can not apply for new I-140 with new employer when the labor belongs to different employer
rbkrao
06-29 01:11 PM
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copsmart
11-21 09:24 PM
check this:
http://immigrationvoice.org/forum/showthread.php?t=15575
also there should be other post, search the forum.
good luck.
Thanks.
http://immigrationvoice.org/forum/showthread.php?t=15575
also there should be other post, search the forum.
good luck.
Thanks.
more...
moolivkkr
07-19 03:18 PM
Hi Guys,
I just learnt about the news in Business week on starting discussions for increasing Visa Numbers to help alleviate our pain.
Skilled Workers May See Green-Card Surge (Link:
http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070718_068854.htm)
With this in mind I was wondering whether we can compile list of victims of Immigration system based on state and send it to each senator asking for help in moving Skill bill and other pro-immigration reforms cleared.
We can also indicate some on the main issues we are facing as a summary to each senator to make the people understand what kind of roller coaster our lives are
Information that can be captured to indicate the wait time and different ways we are affected.
Name, State, PD, approx Expected approval date (with approx 750000 thousand applications in July) and what effect this would cause on our lives
A) Family torn apart (kids growing older than 21, etc)
B) Cannot live the American dream by excelling in work to higher position and benefits for average 5 - 10 years - cannot change jobs or responsibilities
C) Kids (mostly citizens of US) deprived of basic luxuries because parents cannot buy houses and cannot send them to private schools because of uncertainty in visa status. Most of them manage in rental homes and feel guilty for not able to provide the best for those innocent kids (US citizens)
D) With this long waits, Could not purse higher education because of 6 years limit on H1 and no option to change employer after 6th year because of pending application.
E) Most immigrants are eagerly waiting to start their businesses but are restricted because of visa status and the dream remains dream for most of them because of timing in market and personal life.
F) Some of them are abused by employers who take advantage of the loop holes in the immigration system and long waiting times.
G) Lose of revenue, most of the spouses are well educated and are not able to work because of H1 quota limits or no EAD and it takes on an average 3 -5 years before you get your EAD.
More can be added based on others experiences.
It would be great to get some information about Taxes paid (percentage) by immigrants,
Number of businesses opened etc to make the case stronger.
I just learnt about the news in Business week on starting discussions for increasing Visa Numbers to help alleviate our pain.
Skilled Workers May See Green-Card Surge (Link:
http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070718_068854.htm)
With this in mind I was wondering whether we can compile list of victims of Immigration system based on state and send it to each senator asking for help in moving Skill bill and other pro-immigration reforms cleared.
We can also indicate some on the main issues we are facing as a summary to each senator to make the people understand what kind of roller coaster our lives are
Information that can be captured to indicate the wait time and different ways we are affected.
Name, State, PD, approx Expected approval date (with approx 750000 thousand applications in July) and what effect this would cause on our lives
A) Family torn apart (kids growing older than 21, etc)
B) Cannot live the American dream by excelling in work to higher position and benefits for average 5 - 10 years - cannot change jobs or responsibilities
C) Kids (mostly citizens of US) deprived of basic luxuries because parents cannot buy houses and cannot send them to private schools because of uncertainty in visa status. Most of them manage in rental homes and feel guilty for not able to provide the best for those innocent kids (US citizens)
D) With this long waits, Could not purse higher education because of 6 years limit on H1 and no option to change employer after 6th year because of pending application.
E) Most immigrants are eagerly waiting to start their businesses but are restricted because of visa status and the dream remains dream for most of them because of timing in market and personal life.
F) Some of them are abused by employers who take advantage of the loop holes in the immigration system and long waiting times.
G) Lose of revenue, most of the spouses are well educated and are not able to work because of H1 quota limits or no EAD and it takes on an average 3 -5 years before you get your EAD.
More can be added based on others experiences.
It would be great to get some information about Taxes paid (percentage) by immigrants,
Number of businesses opened etc to make the case stronger.
qasleuth
04-13 11:26 PM
If calling the national customer service center is of no help then I am not sure what else you can do, other than being there on Friday.
When I googled for the location, I found two different webpages. Surprisingly, 'Application Support Center (ASC)' seems to be open on Fridays (first link) but the 'local office' is closed. ASC is in room 154 in the same building it seems. Go figure !
https://egov.uscis.gov/crisgwi/go?action=offices.detail&office=XCH&OfficeLocator.office_type=ASC&OfficeLocator.statecode=WI
https://egov.uscis.gov/crisgwi/go?action=offices.detail&office=MIL&OfficeLocator.office_type=LO&OfficeLocator.statecode=WI
When I googled for the location, I found two different webpages. Surprisingly, 'Application Support Center (ASC)' seems to be open on Fridays (first link) but the 'local office' is closed. ASC is in room 154 in the same building it seems. Go figure !
https://egov.uscis.gov/crisgwi/go?action=offices.detail&office=XCH&OfficeLocator.office_type=ASC&OfficeLocator.statecode=WI
https://egov.uscis.gov/crisgwi/go?action=offices.detail&office=MIL&OfficeLocator.office_type=LO&OfficeLocator.statecode=WI
more...
skdskd
08-26 11:56 AM
Hi
We have applied for I -485 last month.I am the primary applicant and my spouse is add on.Bothe of us are on H1B and it is valid till end of 2008.
I have applied for EAD and advance parole for my spouse only.We have not yet received the receipt numbers .I was wondering if we want to travel outside the country do we need to wait untill we get any of the above or if we have a valid H1B can we travel outside the country.
Thank you very much for your help.
I have same Question ??
We have applied for I -485 last month.I am the primary applicant and my spouse is add on.Bothe of us are on H1B and it is valid till end of 2008.
I have applied for EAD and advance parole for my spouse only.We have not yet received the receipt numbers .I was wondering if we want to travel outside the country do we need to wait untill we get any of the above or if we have a valid H1B can we travel outside the country.
Thank you very much for your help.
I have same Question ??
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jetflyer
03-16 07:29 AM
Thanks for the link, I was reading it and towards the end there was statement
"When filing an MTR all evidence has to be submitted like, filing AC21 letter and record of delivery, proof of 180 days",
to me it looks like filing AC-21 is MUST in case one need to go MTR route rather than optional, could expert or Chanduv23 please clarify?
Please see the link.
http://immigrationvoice.org/forum/blog.php?b=39
"When filing an MTR all evidence has to be submitted like, filing AC21 letter and record of delivery, proof of 180 days",
to me it looks like filing AC-21 is MUST in case one need to go MTR route rather than optional, could expert or Chanduv23 please clarify?
Please see the link.
http://immigrationvoice.org/forum/blog.php?b=39
more...
sendmailtojk
11-11 09:49 PM
My son was > 21 years of age when my I-140 was applied (Aug 07). So I guess I can forget it.
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miguy
08-27 10:12 PM
bump....603 views and only 3 replies:confused:
more...
tkumar03
07-01 04:12 PM
Hi
I got my GC approved for me and son (I485 application) in Nov 2007. I got my gc, whereas for my son who is 7 year old though he got I485 approved yet he did not get his GC. They mentioned they might need his finger print and so far no response from them. This is despite several follow up with them.
Last year 7 months he was not in US and now can he go to India and he will be there rest of this year.
Will it affect his GC and when will he get his GC?
thanks
Kumar
I got my GC approved for me and son (I485 application) in Nov 2007. I got my gc, whereas for my son who is 7 year old though he got I485 approved yet he did not get his GC. They mentioned they might need his finger print and so far no response from them. This is despite several follow up with them.
Last year 7 months he was not in US and now can he go to India and he will be there rest of this year.
Will it affect his GC and when will he get his GC?
thanks
Kumar
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zeus2000
04-07 02:18 AM
Hi, I have a few questions about H-1B and switching to B1/2 status. I was recently laid off, and have an effective termination date of Apr 27. My firm also told me that they typically notify USCIS of this on May 15th. I am currently looking for a new job, but want to also plan in case I don't find one. Thanks in advance for taking the time to read these questions and help me out with them.
1. If I find a new job before May (or May 15th), can I start working the moment the new employer files a petition? Do we have to wait for any notification from USCIS (like a receipt) first? If not, can I work the same date as the postmark date of the filing?
2. In the above case, does my employer still have to file an LCA with DoL? If so, how long does this process take? I guess what I'm trying to wonder is, if I accept an offer and they begin paperwork on Day 1, what day can I actually work?
3. If I do not find a job, when should I file an I-539 to change status to B1/2 (does it matter if B1 or B2?)? I guess what "postmark" date should I do this by? Apr 27? May 15th?
4. After I mail in the change of status, but haven't actually changed yet (I hear this can take 2 months?), and I get a job offer, when can I start working? Do I lose my "instant-work" ability, and have to wait for the H1-B petition to clear? Is this when I want to use Premium Processing and hopefully be ready in 2 weeks? What happens to my pending B1/2 application?
5. If I already received my B1/2 change of status, and now find a job, when can I work? Is this the same as Question 4?
6. I understand that I am no longer subject to the cap, so my employer simply has to file a LCA and a petition for H1-B, in general?
7. In the I-539 form, it asks to mail in my I-94 card (original). Until I get a new one, what status am I in? If I end up leaving the country then, what card do I surrender? It feels weird to not have a I-94 on my passport...
8. The I-539 form seems simple enough to fill out. Any thoughts on whether I need a lawyer for this?
9. Did I forget anything? :confused:
Thanks so much again. I look forward to your helpful replies.
1. If I find a new job before May (or May 15th), can I start working the moment the new employer files a petition? Do we have to wait for any notification from USCIS (like a receipt) first? If not, can I work the same date as the postmark date of the filing?
2. In the above case, does my employer still have to file an LCA with DoL? If so, how long does this process take? I guess what I'm trying to wonder is, if I accept an offer and they begin paperwork on Day 1, what day can I actually work?
3. If I do not find a job, when should I file an I-539 to change status to B1/2 (does it matter if B1 or B2?)? I guess what "postmark" date should I do this by? Apr 27? May 15th?
4. After I mail in the change of status, but haven't actually changed yet (I hear this can take 2 months?), and I get a job offer, when can I start working? Do I lose my "instant-work" ability, and have to wait for the H1-B petition to clear? Is this when I want to use Premium Processing and hopefully be ready in 2 weeks? What happens to my pending B1/2 application?
5. If I already received my B1/2 change of status, and now find a job, when can I work? Is this the same as Question 4?
6. I understand that I am no longer subject to the cap, so my employer simply has to file a LCA and a petition for H1-B, in general?
7. In the I-539 form, it asks to mail in my I-94 card (original). Until I get a new one, what status am I in? If I end up leaving the country then, what card do I surrender? It feels weird to not have a I-94 on my passport...
8. The I-539 form seems simple enough to fill out. Any thoughts on whether I need a lawyer for this?
9. Did I forget anything? :confused:
Thanks so much again. I look forward to your helpful replies.
more...
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desi3933
02-24 11:49 AM
I mean (employer) not me..:)
OK.
Does employer has full time job for her?
Who is paying for H1 fees?
Will employer pay full LCA wages on bench time?
OK.
Does employer has full time job for her?
Who is paying for H1 fees?
Will employer pay full LCA wages on bench time?
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ovaloffice
05-22 05:07 PM
Hello
I am a physician who is doing his residency on H1b. My wife has applied for green card with a priority date 4/2004 (employment based category 3). I have applied for my green card with her. Now we are in I 485 stage.
NOw that the way dates are progressing it seems it will take a while for her date to become current for EB3. I was wondering if I apply for green card when I finish my residency, can I recapture the priority date?
I'd appreciate your help. Thank you
I am a physician who is doing his residency on H1b. My wife has applied for green card with a priority date 4/2004 (employment based category 3). I have applied for my green card with her. Now we are in I 485 stage.
NOw that the way dates are progressing it seems it will take a while for her date to become current for EB3. I was wondering if I apply for green card when I finish my residency, can I recapture the priority date?
I'd appreciate your help. Thank you
more...
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jliechty
November 16th, 2004, 11:27 AM
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solaris27
03-14 08:52 AM
your brother have 2 year left in his engg , ask him to keep these prrof and if possible letter from collage .
he should be okay .
he should be okay .
more...
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sts_seeker
06-14 06:41 PM
Does the first I-140 denial has any impact on the second I-140 I am filing?IF so how is that???
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sd1020
02-26 02:11 PM
I am on F1 visa. I enrolled in one of the university. I don't attend university in person. I do attend classes online from another state. My question is that I am resident of which state ?? Will I be automatically resident of state where exactly my university is ? I know it is mandatory to attend classes in person on F1. Can you please advise ? How is residency considered ?
Thank you very much.
Thank you very much.
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Green4Ev1
04-27 11:42 AM
2 weeks at most
gc_rip
10-12 02:41 PM
Is this movement have any relation to prove or disprove that the FOIA data is correct?
Any analysis on it.
Thanks!
Any analysis on it.
Thanks!
rockstart
01-17 07:38 PM
Just curious PD of 2004 gets an RFE on I 140 in 2009? Howz that possible? how many years was your labor pending
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