eager_immi
02-12 10:51 PM
it will at some point of time but not in this months bulletin or in the near future. Folks , for someone with March 2004 Eb3 India PD , is converting to Eb2 really going to help in any way at all ? Please suggest.
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rocky17105
07-28 12:28 AM
Not sure if i cant use the EAD. My lawyer said if USCIS hasnt revoked the EAD it is safe to use it. Currently though I am on H1B which is valid for one more month.
It doesnt make sense to me that i have to pay for USCIS mistake. Would contacting senator/congressman will help?
It doesnt make sense to me that i have to pay for USCIS mistake. Would contacting senator/congressman will help?
virtual55
05-16 12:57 PM
I am seeing currently 700 members actively using IV website right now, but I don't think all of them have signed up for monthly contribution, Guys please contribute and help yourself
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cooldude
11-02 07:26 PM
I am able to see my EAD and AP online, but not I-1485. Don't worry, it should be there probaby next week.
more...
summitpointe
06-05 05:01 PM
This should be the approval document.
eyeopeners05@yahoo.com
04-30 01:40 PM
Hiring firm does not know anything about AC21 and so how do I guide their attorney ? What points should i specify to him to start my app ?
more...
john2255
07-20 02:46 PM
am sorry to start a new thread but I feel the following thread is not getting the importance it should get. Everyone please dont miss the following thread. Its a big defeat during our celebrations.
http://immigrationvoice.org/forum/showthread.php?t=10751
Major loss to us Cornyn amendment rejected
http://immigrationvoice.org/forum/showthread.php?t=10751
Major loss to us Cornyn amendment rejected
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dvvb
03-01 02:59 PM
Hi Sathishav, Thanks for the response.
Nope, Co. A filed for my I-140 while I was working for Co. B. and is subsequently approved. Filed for I-485 with Co.A in June/2008 while working with Co. B. Used EAD to move to Co. C.
to summarize,
Co. A's GC filed as future employee.
Joined Co. C on EAD.
Now Co. A is out of buisiness.
Does AC21 portability applies ?
Thanks
-DvvB
If i understood your post correctly, you have ported of an unapproved I140. I do understand this is for a "future job", but still you have used AC21.
I agree with your attorney to file, because, if you had worked for Company A and moved AFTER I140 approved and I485 pending for 180 days, you don't have to worry about their status. Since you have not yet worked for them, it safe severe your ties by filing AC21.
http://www.myvisajobs.com/Document/YatesMay05.pdf
Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-
485 that has been pending for 180 days or more, the following procedures should
be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on
it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If additional evidence is necessary to resolve a material post-filing
issue such as ability to pay, an RFE can be sent to try to resolve the
issue. When a response is received, and if the petition is approvable,
follow the procedures in part A above.
Nope, Co. A filed for my I-140 while I was working for Co. B. and is subsequently approved. Filed for I-485 with Co.A in June/2008 while working with Co. B. Used EAD to move to Co. C.
to summarize,
Co. A's GC filed as future employee.
Joined Co. C on EAD.
Now Co. A is out of buisiness.
Does AC21 portability applies ?
Thanks
-DvvB
If i understood your post correctly, you have ported of an unapproved I140. I do understand this is for a "future job", but still you have used AC21.
I agree with your attorney to file, because, if you had worked for Company A and moved AFTER I140 approved and I485 pending for 180 days, you don't have to worry about their status. Since you have not yet worked for them, it safe severe your ties by filing AC21.
http://www.myvisajobs.com/Document/YatesMay05.pdf
Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-
485 that has been pending for 180 days or more, the following procedures should
be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on
it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If additional evidence is necessary to resolve a material post-filing
issue such as ability to pay, an RFE can be sent to try to resolve the
issue. When a response is received, and if the petition is approvable,
follow the procedures in part A above.
more...
TomPlate
12-03 10:01 AM
I asked an other question which is more related to this and somebody deleted. Please answer these as it is really hard.
Here is my question,
1. After 180 days I would like to change job.
2. My I140 approved in feb 2006.
3. Company needs to file I140 amendment because my company was acquired by a giant company and they will do end of Apr 2008.
4. Can I quit before Apr 2008 will it have any issues in my Green card process.
Here is my question,
1. After 180 days I would like to change job.
2. My I140 approved in feb 2006.
3. Company needs to file I140 amendment because my company was acquired by a giant company and they will do end of Apr 2008.
4. Can I quit before Apr 2008 will it have any issues in my Green card process.
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gc_chahiye
10-26 04:08 PM
Can I fill AP directly instead of going thru the lawyer?
Thanks
yes! Include the copy of your 485 receipt inthe appplication.
EAD and AP are simple enough that you can apply/renew on your own without paying a lawyer.
Thanks
yes! Include the copy of your 485 receipt inthe appplication.
EAD and AP are simple enough that you can apply/renew on your own without paying a lawyer.
more...
rsdang
01-02 10:17 AM
Please consult a lawyer - She is now AOS and should not go back to H4 as that can mean she is abandoning her AOS which I am sure you dont want. I would not even recommend getting H4 stamped in her passport. ( same reason). I am in the same boat and my wife is using EAD - My lawyer did not process her H4 extension and only processed my H1 extension.
Again - please consult a lawyer
Again - please consult a lawyer
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GC_1000Watt
10-12 04:38 PM
You can take upto 6 months of paystubs with you for the stamping. Since you are carrying yiour W2's as well, they very well reflect your past earnings.
6 months? Boss only 2 recent paystubs are required.
@itsmesabby : Its because of people like you, USCIS is asking for unneccesary XYZ documents for the extension or 485 processes nowadays. Because you are providing more than required documentation.
Think before you suggest something.
6 months? Boss only 2 recent paystubs are required.
@itsmesabby : Its because of people like you, USCIS is asking for unneccesary XYZ documents for the extension or 485 processes nowadays. Because you are providing more than required documentation.
Think before you suggest something.
more...
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msandhu
08-07 04:33 PM
You can do landing and H1-Stamping at the same time in canada. You do not need stamped visa to come back to US from Canada as long as you have your H1 extension papers with you and you come back in 30 days
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lj_rr
07-09 05:25 PM
Well. If you are planning to use EAD, it is probably not an issue.
However if someone is transferring H1 at 7th year it has to be based on a pending labor or pending/approved I-140.
How do you prove that you have a I-140 pending/approved without attaching the documentation?
If 180 days have passed after I-140 approval, then there is nothing to worry about not having a copy of I-140.
GCCovet
However if someone is transferring H1 at 7th year it has to be based on a pending labor or pending/approved I-140.
How do you prove that you have a I-140 pending/approved without attaching the documentation?
If 180 days have passed after I-140 approval, then there is nothing to worry about not having a copy of I-140.
GCCovet
more...
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prince_waiting
04-14 05:00 PM
hi prince,
regarding ur post, there is a correction.
holding an Approval notice alone is NOT a valid reason to bypass the transit visa in germany.
holding a valid visa or Adv parole is good . but not just an appr notice.
thanks
The text which I have posted on this forum is directly out of the email I received from the German Embassy helpline.
regarding ur post, there is a correction.
holding an Approval notice alone is NOT a valid reason to bypass the transit visa in germany.
holding a valid visa or Adv parole is good . but not just an appr notice.
thanks
The text which I have posted on this forum is directly out of the email I received from the German Embassy helpline.
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The7zen
03-24 12:30 PM
wanaparthy,
It will be easier for someone to help you if you fill your profile with right details.
-7zen
It will be easier for someone to help you if you fill your profile with right details.
-7zen
more...
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mrsr
06-22 09:28 AM
also include
photos
birth cert and
cheques
Agree.
Initial Evidence for I-485 includes
1. Copy of approved I-140 (or concurrent filing or I-140 receipt)
2. Employment Letter (for GC job)
3. Proof that person is maintaining valid status in USA since last entry in USA
Not a legal advice
----------------------------------
Permanent Resident since May 2002
photos
birth cert and
cheques
Agree.
Initial Evidence for I-485 includes
1. Copy of approved I-140 (or concurrent filing or I-140 receipt)
2. Employment Letter (for GC job)
3. Proof that person is maintaining valid status in USA since last entry in USA
Not a legal advice
----------------------------------
Permanent Resident since May 2002
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bajrangbali
02-25 08:56 PM
Consult immigration lawyer and try to keep the time out of status to a minimum. Do not try to take chances, times are tough and everything is being looked through when it comes to immigration. Wish you luck friend!
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gcnirvana
06-22 01:04 PM
Hi,
I was in a similar situation back in 2006. I got my visa stamping for my future H1-B but at the POE, the officer stamped my I-94 only till the end of current H1-B. But he mentioned that I can go to the nearby CBP office and get it changed once my current H1-B expires. And I did exactly the same. No issues.
Go ahead and enjoy your vacation.
Thanks!
I was in a similar situation back in 2006. I got my visa stamping for my future H1-B but at the POE, the officer stamped my I-94 only till the end of current H1-B. But he mentioned that I can go to the nearby CBP office and get it changed once my current H1-B expires. And I did exactly the same. No issues.
Go ahead and enjoy your vacation.
Thanks!
Asfandyar
08-22 06:10 PM
SKIL Bill--S-2611--Introduced to the House, May Raise H-1B, EB Quotas
The SKIL Bill has been introduced to the House of Represenatives by nine congressmen, all Republicans. (The acronym stands for "Securing Knowledge Innovation and Leadership.") If passed into law, S-2611 would raise the H-1B cap to 115,000 and the EB quota to 290,000. It would also exempt spouses and children from the quota, which would certainly eliminate the current 5-year backlog in the EB-3 category. Many agree that the SKIL Bill is important to the U.S. economy.
SKIL Bill: Who, What, Why?
The SKIL Bill would help programs bring well-educated foreign talent together with U.S. employers who say they are suffering a shortage of skilled workers.
Introduced by Representative John Shadegg (R-AZ), the SKIL Bill would reform the H-1B visa system as well as the employment- based (EB visa) green card process. Cosponsors include representatives John Campbell (R-CA), K. Michael Conaway (R-TX), John T. Doolittle (R-CA), Jeff Flake (R-AZ), Peter Hoekstra (R-MI), Michael McCaul (R-TX), Mike Pence (R-IN), John Shimkus (R-IL) and Todd Tiahrt (R-KS).
The United States has found itself in a state of lacking competitiveness due to the difficulties that foreign students and workers have encountered with the U.S. visa process. The SKIL Bill's introduction to the House sends a message that the Bush Administration and the U.S. Congress alike are addressing this issue and taking it seriously.
Some of the highlights of the SKIL Bill (Securing Knowledge Innovation and Leadership) include:
-EB and H-1B cap exemptions for foreign workers educated in the United States who have earned a graduate degree. U.S. educated foreign workers with master's or higher degrees.
-Making the H-1B process and cap more flexible, based on market needs, so that U.S. employers are not severely delayed from hiring essential foreign talent for months at a time.
-Extending optional post-graduate work (practical training) from 12 months to two years, so that these highly skilled, U.S.-educated foreign workers have a better chance of attaining green card status and using their talents in the States.
-Exempting spouses and children of EB green card applicants from the annual EB immigrant visa cap, which would free up these visas for the professionals themselves.
Reasons Behind the SKIL Bill
For more extensive details, see the entire text of the SKIL bill.
http://shusterman.com/pdf/skil506.pdf
The SKIL Bill has been introduced to the House of Represenatives by nine congressmen, all Republicans. (The acronym stands for "Securing Knowledge Innovation and Leadership.") If passed into law, S-2611 would raise the H-1B cap to 115,000 and the EB quota to 290,000. It would also exempt spouses and children from the quota, which would certainly eliminate the current 5-year backlog in the EB-3 category. Many agree that the SKIL Bill is important to the U.S. economy.
SKIL Bill: Who, What, Why?
The SKIL Bill would help programs bring well-educated foreign talent together with U.S. employers who say they are suffering a shortage of skilled workers.
Introduced by Representative John Shadegg (R-AZ), the SKIL Bill would reform the H-1B visa system as well as the employment- based (EB visa) green card process. Cosponsors include representatives John Campbell (R-CA), K. Michael Conaway (R-TX), John T. Doolittle (R-CA), Jeff Flake (R-AZ), Peter Hoekstra (R-MI), Michael McCaul (R-TX), Mike Pence (R-IN), John Shimkus (R-IL) and Todd Tiahrt (R-KS).
The United States has found itself in a state of lacking competitiveness due to the difficulties that foreign students and workers have encountered with the U.S. visa process. The SKIL Bill's introduction to the House sends a message that the Bush Administration and the U.S. Congress alike are addressing this issue and taking it seriously.
Some of the highlights of the SKIL Bill (Securing Knowledge Innovation and Leadership) include:
-EB and H-1B cap exemptions for foreign workers educated in the United States who have earned a graduate degree. U.S. educated foreign workers with master's or higher degrees.
-Making the H-1B process and cap more flexible, based on market needs, so that U.S. employers are not severely delayed from hiring essential foreign talent for months at a time.
-Extending optional post-graduate work (practical training) from 12 months to two years, so that these highly skilled, U.S.-educated foreign workers have a better chance of attaining green card status and using their talents in the States.
-Exempting spouses and children of EB green card applicants from the annual EB immigrant visa cap, which would free up these visas for the professionals themselves.
Reasons Behind the SKIL Bill
For more extensive details, see the entire text of the SKIL bill.
http://shusterman.com/pdf/skil506.pdf
GCchakravyuh
07-16 10:49 AM
Hey,
Do you have access to the entire article? Could you post it here please..
http://online.wsj.com/article/SB118455917060167397-search.html?KEYWORDS=uscis&COLLECTION=wsjie/6month
FREE PREVIEW
U.S. to Reverse Some Denials Of Work Visas
By Miriam Jordan
Word Count: 493 | Companies Featured in This Article: Microsoft
Looking to resolve a messy immigration tangle, the U.S. government is close to announcing that it will accept at least some applications for work-based green cards that were filed by thousands of skilled workers in early July at the government's invitation and then abruptly rejected.
Tens of thousands of skilled workers, many of them in the U.S. on temporary H1B visas, responded to an official invitation, in a June 12 "visa bulletin" issued by the State Department, to take the final step in July toward attaining U.S. permanent residency. That sent workers, their families and their employers scrambling to ...
� THE FULL WSJ.com ARTICLE IS ONLY AVAILABLE TO SUBSCRIBERS.� IF YOU ARE ALREADY A SUBSCRIBER, PLEASE LOG IN AT THE TOP RIGHT OF THE PAGE.
Do you have access to the entire article? Could you post it here please..
http://online.wsj.com/article/SB118455917060167397-search.html?KEYWORDS=uscis&COLLECTION=wsjie/6month
FREE PREVIEW
U.S. to Reverse Some Denials Of Work Visas
By Miriam Jordan
Word Count: 493 | Companies Featured in This Article: Microsoft
Looking to resolve a messy immigration tangle, the U.S. government is close to announcing that it will accept at least some applications for work-based green cards that were filed by thousands of skilled workers in early July at the government's invitation and then abruptly rejected.
Tens of thousands of skilled workers, many of them in the U.S. on temporary H1B visas, responded to an official invitation, in a June 12 "visa bulletin" issued by the State Department, to take the final step in July toward attaining U.S. permanent residency. That sent workers, their families and their employers scrambling to ...
� THE FULL WSJ.com ARTICLE IS ONLY AVAILABLE TO SUBSCRIBERS.� IF YOU ARE ALREADY A SUBSCRIBER, PLEASE LOG IN AT THE TOP RIGHT OF THE PAGE.