SGP
12-22 05:58 AM
Hi,
Need quick suggestion:
Company A filed for GC. Labor and I-140 was approved. I-485 was filed during July 2007.
I changed employer in June 2009; replied to RFE and filed AC21 in July 2009.
I came to know that my GC sponsring company is going to close the company soon. My current immigration attorney is suggesting that if that happens; and if INS came to know that GC sponsring company is closing down, they will revoke my I-140.
Is it true? I thought after AC21 is invoked; whatever happens to GC sponsring company, it will not impact my GC application in any way.
Please advice.
V
Your I140 cannot be canceled/revoked unless USCIS detects that it was obtained fraudulently.
Your GC application will not be impacted. Just find another employer and join them with EAD.
Need quick suggestion:
Company A filed for GC. Labor and I-140 was approved. I-485 was filed during July 2007.
I changed employer in June 2009; replied to RFE and filed AC21 in July 2009.
I came to know that my GC sponsring company is going to close the company soon. My current immigration attorney is suggesting that if that happens; and if INS came to know that GC sponsring company is closing down, they will revoke my I-140.
Is it true? I thought after AC21 is invoked; whatever happens to GC sponsring company, it will not impact my GC application in any way.
Please advice.
V
Your I140 cannot be canceled/revoked unless USCIS detects that it was obtained fraudulently.
Your GC application will not be impacted. Just find another employer and join them with EAD.
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dude
10-05 02:25 PM
Its not a problem. As long as your I-485 is applied and pending , you can apply any time.
mrajatish
03-05 11:11 AM
This is awesome - any pointers on what groups can be contacted in Washington Seattle?
Raj
Raj
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ambals03
04-11 04:54 PM
Please read what the event is about. It is NOT about people asking questions on issues. It is about "How can Congress effectively use Facebook". :)
No...he is going to talk about that. But, we can submit any question we want him to answer. I am in their email mailing list, the invitation explains it better than the facebook page :)
No...he is going to talk about that. But, we can submit any question we want him to answer. I am in their email mailing list, the invitation explains it better than the facebook page :)
more...
ss_col
05-21 12:20 PM
Does anyone know how are they planning to calculate the points and how much points do you need to file GC/eligible for GC?
Blog Feeds
10-28 01:10 PM
AILA Leadership Has Just Posted the Following:
The United States Citizenship and Immigration Service (USCIS) has recently issued a fact sheet (http://www.aila.org/content/fileviewer.aspx?docid=30372&linkid=210853) reminding qualifying applilcants to apply EARLY for an Advance Parole document, as Advance Parole processing times take about 90 days.
The list of applicants who must obtain an Advance Parole document before traveling outside of the United States is as follows:
� Applicants that have been granted Temporary Protected Status (TPS);
� Applicants with a pending application for adjustment of status to lawful permanent resident (LPR);
� Applicants with a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
� Applicants with a pending asylum application; or
� Applicants with a pending application for legalization
If you are an Appllicant with a pending Application for Adjustment of Status to Lawful Permanent Resident (LPR) and need assistance with filing Form I-131 (http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20(Left%20Nav%20Parents)/Forms%20-%202nd%20Level/Forms%20Static%20Files/I-131.pdf), contact our office, as we currently have a SPECIAL running for the preparation and filing of the Advance Parole (http://www.h1bvisalawyerblog.com/2009/10/special_ead_and_advance_parole.html) document.
$450 flat fee (no admin fee) for filing both EAD and Advance Parole per applicant
$200 + $50(admin fee) if filing either EAD or Advance Parole separately
Our normal legal fees are $250 + $50(admin fee) per application
**If an RFE is received, an additional legal fee will be required to respond**
More... (http://www.h1bvisalawyerblog.com/2009/10/uscis_issues_a_fact_sheet_to_r_2.html)
The United States Citizenship and Immigration Service (USCIS) has recently issued a fact sheet (http://www.aila.org/content/fileviewer.aspx?docid=30372&linkid=210853) reminding qualifying applilcants to apply EARLY for an Advance Parole document, as Advance Parole processing times take about 90 days.
The list of applicants who must obtain an Advance Parole document before traveling outside of the United States is as follows:
� Applicants that have been granted Temporary Protected Status (TPS);
� Applicants with a pending application for adjustment of status to lawful permanent resident (LPR);
� Applicants with a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
� Applicants with a pending asylum application; or
� Applicants with a pending application for legalization
If you are an Appllicant with a pending Application for Adjustment of Status to Lawful Permanent Resident (LPR) and need assistance with filing Form I-131 (http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20(Left%20Nav%20Parents)/Forms%20-%202nd%20Level/Forms%20Static%20Files/I-131.pdf), contact our office, as we currently have a SPECIAL running for the preparation and filing of the Advance Parole (http://www.h1bvisalawyerblog.com/2009/10/special_ead_and_advance_parole.html) document.
$450 flat fee (no admin fee) for filing both EAD and Advance Parole per applicant
$200 + $50(admin fee) if filing either EAD or Advance Parole separately
Our normal legal fees are $250 + $50(admin fee) per application
**If an RFE is received, an additional legal fee will be required to respond**
More... (http://www.h1bvisalawyerblog.com/2009/10/uscis_issues_a_fact_sheet_to_r_2.html)
more...
sembat
06-15 09:40 PM
I kept checking for the processing times for I-140 for my wife on the following link https://egov.uscis.gov/cris/jsps/ptimes.jsp under the Nebraska center. Till yesterday the post date was showing May 18th and the processing time for I-140 was shown as 'September 2006' today the posted date changed to 15th June but the I-140 processing date went back to 'January 2006'. Can someone explain how is this possible? Shouldnt the processing date mean that applications received till 25th Sept 2006 have been processed? If thats correct then how can the date go back to Jan 1 2006? I dont think this can be a typo, it must have some reasoning. I would appreciate if someone can explain this in the forum
Thanks
--sembat
Thanks
--sembat
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sam_hoosier
12-12 01:53 PM
According to USCIS field manual for Adjudicators (IOs who approve 485), they should use DOL SOC*Net Codes, to determine same or similar, while approving. This code is mentioned in your LC.
Here is a good web resource to check the job code for your new job if using AC21.
http://online.onetcenter.org/
Here is a good web resource to check the job code for your new job if using AC21.
http://online.onetcenter.org/
more...
garybanz
08-27 03:18 PM
hi my wife had filed 485 on aug 2nd, we got the receipts aug 23rd monday.
Hope this helps...
We filed at TSC.
Also I got my GC approved today, i had filed 485 during july fiasco.
Thanks gcNOLONGERdreamer05
Hope this helps...
We filed at TSC.
Also I got my GC approved today, i had filed 485 during july fiasco.
Thanks gcNOLONGERdreamer05
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deafTunes123
08-13 08:53 PM
I've seen people getting the GC Approvals even though their PD is not current. But close to current published dates.
Good Luck to you and Keep your fingers crossed. Technically you are not in, but still you may be in. You never know with USCIS.
Good Luck to you and Keep your fingers crossed. Technically you are not in, but still you may be in. You never know with USCIS.
more...
narayan_shinde
02-03 03:36 PM
Hi,
Both me and my wife are on EAD and have valid AP (valid till December 2010), H1 expires in Jan 2011(not stamped on our passport) . Priority date is June 2005, have a job and have current paustubs/w2.
My wife is in India currently - we both are planning on coming back in April sometime with our new born baby. My question is about getting H4 stamped for our baby.
1.Do we need to get our H1 stamped on our passport to get H4 for our kid ?
2.What happens if our I485 gets approved before we get H4 stamp for our kid ?
3.What is the procedure these days to get H4 stamped on passport ?
NS
Both me and my wife are on EAD and have valid AP (valid till December 2010), H1 expires in Jan 2011(not stamped on our passport) . Priority date is June 2005, have a job and have current paustubs/w2.
My wife is in India currently - we both are planning on coming back in April sometime with our new born baby. My question is about getting H4 stamped for our baby.
1.Do we need to get our H1 stamped on our passport to get H4 for our kid ?
2.What happens if our I485 gets approved before we get H4 stamp for our kid ?
3.What is the procedure these days to get H4 stamped on passport ?
NS
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gprx100
03-31 09:14 PM
My lawyer initiated the PERM process late last year, the timeline was such that the prevailing wage request was filed with State Workforce Agency (SWA) on 12-30-2009. The SWA prevailing wage determination was received back by my lawyer on the 1/11/10.
Subsequently the recruitment process started and everything was going smooth. The PERM was supposed to be filed in the first week of April. My lawyer now is saying that they need to push the application filing because of the new rule which came into effect Jan 1st which requires all prevailing wage requests to be filed with the DOL. The rule states that:
On January 1, 2010, the U.S. Department of Labor (DOL) changed the way that prevailing wage determinations (PWDs) are processed for the PERM, H-1B, H-1B1 (Chile/Singapore), E-3 (Australia), and H-2B programs. PWDs are now issued by DOL�s National Prevailing Wage and Helpdesk Center (NPWHC) in Washington, DC. Below are updated Frequently Asked Questions about the new process.
From my understanding the new law should not be applicable to me, since we filed for the PWD on 12/30/09. I am not sure why we need to reinitiate the process, since the new law is _effective_ as of 01/01/2010.
Is anyone in a similar situation or anyone has any advice?
Subsequently the recruitment process started and everything was going smooth. The PERM was supposed to be filed in the first week of April. My lawyer now is saying that they need to push the application filing because of the new rule which came into effect Jan 1st which requires all prevailing wage requests to be filed with the DOL. The rule states that:
On January 1, 2010, the U.S. Department of Labor (DOL) changed the way that prevailing wage determinations (PWDs) are processed for the PERM, H-1B, H-1B1 (Chile/Singapore), E-3 (Australia), and H-2B programs. PWDs are now issued by DOL�s National Prevailing Wage and Helpdesk Center (NPWHC) in Washington, DC. Below are updated Frequently Asked Questions about the new process.
From my understanding the new law should not be applicable to me, since we filed for the PWD on 12/30/09. I am not sure why we need to reinitiate the process, since the new law is _effective_ as of 01/01/2010.
Is anyone in a similar situation or anyone has any advice?
more...
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keshu_m
10-21 08:39 AM
My company applied for my L1B petition in 2007 which was approved and I got an L1 visa in Mar 2007 which was valid until Aug 2009. However I traveled to the U.S only in December 2008. Since my L1 visa was expiring by Aug I applied for a L1 extension in May 2009. This was rejected in August due to some confusion with the I-94. So I had to travel back to India in Aug 2009.
I then applied for a fresh L1 visa based on my company's L1 Blanket petition. I got this new L1 visa in Sep 2009 and returned back to the U.S. This new visa is valid until Sep 2011.
My question is can I apply for another L1 extension?
Will my visa duration or stay duration be considered when applying for another extension?
I have stayed in the U.S on L1 status only from Dec 2008 - Am I not allowed 5 years?
Also I am not sure whether I have exhausted my quota of extensions. Will my case be considered as 2.5 years the first time and 2 years extension the second time?
Or will the Blanket visa be considered a fresh start allowing me another extension?
Also what will happen if I transfer to H1 at this point of time ... will my L1 stay duration or my L1 visa duration be considered when deciding the H1 visa validity?
Please help with some answers...
I then applied for a fresh L1 visa based on my company's L1 Blanket petition. I got this new L1 visa in Sep 2009 and returned back to the U.S. This new visa is valid until Sep 2011.
My question is can I apply for another L1 extension?
Will my visa duration or stay duration be considered when applying for another extension?
I have stayed in the U.S on L1 status only from Dec 2008 - Am I not allowed 5 years?
Also I am not sure whether I have exhausted my quota of extensions. Will my case be considered as 2.5 years the first time and 2 years extension the second time?
Or will the Blanket visa be considered a fresh start allowing me another extension?
Also what will happen if I transfer to H1 at this point of time ... will my L1 stay duration or my L1 visa duration be considered when deciding the H1 visa validity?
Please help with some answers...
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austingc
08-11 05:01 PM
I have applied for H1B transfer and here is my situation.
H1B expiration date with ex employer was 06/10/2010 and I transferred the H1B to a new employer on 06/01/2010 and the approval came on 08/09/2010. However the approval notice says the validity date is from 08/02/2010 to 08/01/2011. It should have been 06/11/2010 because we filed this transfer before the expiration date.
We sent an inquiry but the officer was saying the application was submitted based on new employment and not continuation of previously approved employment without change with the same employer, so we will not change our decision.
What should I do? I think I was out of status from 06/11 to 08/01. Does anyone have any information?
H1B expiration date with ex employer was 06/10/2010 and I transferred the H1B to a new employer on 06/01/2010 and the approval came on 08/09/2010. However the approval notice says the validity date is from 08/02/2010 to 08/01/2011. It should have been 06/11/2010 because we filed this transfer before the expiration date.
We sent an inquiry but the officer was saying the application was submitted based on new employment and not continuation of previously approved employment without change with the same employer, so we will not change our decision.
What should I do? I think I was out of status from 06/11 to 08/01. Does anyone have any information?
more...
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GCwaitforever
11-12 02:53 PM
Send your petition to USCIS Ombudsman. This is a classic case of USCIS incompetence. They have all the documents and yet they pester you to provide the details.
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REQUIRE_GC
01-23 04:55 PM
I am on H1 and my husband on H4.
My 140 is pending.
We recently received EAD for both of us. If my husband applies for SSN but do NOT use EAD or SSN for work . Will he still remain on H4?
I want him to be on h4 status till I get 140 approved.
Thank you.
I am in the same boat. My 140 is pending. I am on H1 wife is already employed with EAD (After getting SSN). According to my attorney Her getting SSN and working will not have impact on My h1.
Why do you want your spouse to continue on h4?
My 140 is pending.
We recently received EAD for both of us. If my husband applies for SSN but do NOT use EAD or SSN for work . Will he still remain on H4?
I want him to be on h4 status till I get 140 approved.
Thank you.
I am in the same boat. My 140 is pending. I am on H1 wife is already employed with EAD (After getting SSN). According to my attorney Her getting SSN and working will not have impact on My h1.
Why do you want your spouse to continue on h4?
more...
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dollar500
04-28 06:57 PM
For those IV members who are not aware of this hearing:
There is a very important hearing scheduled on 4/30/08. Please check the status on this hearing at the following link. Let's keep our fingers crossed that this has an impact on the overall grand scheme
http://judiciary.house.gov/oversight.aspx?ID=435
Wednesday 04/30/2008 - 2:30 PM
2141 Rayburn House Office Building
Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law
Hearing on Wasted Visas, Growing Backlogs
There is a very important hearing scheduled on 4/30/08. Please check the status on this hearing at the following link. Let's keep our fingers crossed that this has an impact on the overall grand scheme
http://judiciary.house.gov/oversight.aspx?ID=435
Wednesday 04/30/2008 - 2:30 PM
2141 Rayburn House Office Building
Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law
Hearing on Wasted Visas, Growing Backlogs
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doshhar
10-08 09:54 PM
I did apply at NSC and got receipt notices from Texas.. It's simple..
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ivuser9
03-30 08:01 PM
Thank you for sharing. Any ideas about visitor visas? how they are giving?
Cheers
Cheers
mzafar125
02-14 10:53 AM
I was under the assumption that you cannot file for EAD unless your I-485 application has been filed. How come Amit1234 applied for his EAD, his priority date is Jan 04 EB3. Just curious.
Thanks!
Thanks!
jasmin45
07-12 10:27 AM
This is a good one! please digg this one for archive.
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