gc_chahiye
08-03 05:55 PM
With an I-140 approval a strict reading of the law does seem to imply to me also that an extension only if I-485 cannot be filed. However USCIS has been interpreting this to be I-485 cant be approved because of visa numbers. And that makes sense.
So once dates go U (like they have now), or you are no longer current, you can still get 3 year extensions. Thats what has happened to a couple of my friends.
So once dates go U (like they have now), or you are no longer current, you can still get 3 year extensions. Thats what has happened to a couple of my friends.
fall1998
05-12 04:10 PM
Hello All,
Are there any IV Members out there who are current this month (May 2011) and still waiting for their approval email / notification / GC?
I am guessing that everyone who is current this month is already approved by now and his/her visa number (along with dependents visa) is already accounted for by USCIS.
Are there any IV Members out there who are current this month (May 2011) and still waiting for their approval email / notification / GC?
I am guessing that everyone who is current this month is already approved by now and his/her visa number (along with dependents visa) is already accounted for by USCIS.
vegasbaby
10-04 12:14 AM
Would greatly appreciate some advice regarding my fiancee.
She is currently in the US on a B1-B2 Tourist/Business visa. This is her fifth visa and has visited the US a total of 10 times over the past 5 years, spending 1-5 months each time. She has NEVER had a problem on arrival at the airport, never been called into the room for questioning, etc.
We are planning on getting married, but we need to make a trip to her home country for my work in the next few weeks for about a month. We were planning on waiting till 30 days after our return to marry and then to apply for her I-130/I-485 after that.
We just had a consultation with an immigration lawyer who recommended that she does NOT leave the country, and that we should get married ASAP and apply for the I-130/I-485 now, wait 2-3 months and make our trip then. The lawyer thought that there was a possibility that she might not be admitted the next time she comes in if the border agent has even the tiniest suspicion that she is entering to get married.
Although her previous B1-B2 visas were renewed each year without an interview, this year she was called in and they asked her some questions. She mentioned that she was doing some work for me in China, and that she would be staying with me in the US. She also put me down as her financial guarantee in the US.
I understand the basics of dual intent, and would not want to compromise her ability to enter the country.
Of course no one can know for sure, but would be grateful for some experienced advice about this. What are her chances of being refused entry when she returns? (Her visa is valid for one year, so it would be on the same visa she arrived here on this summer.) Would it be better if she arrived on a different flight than me? Or even better if she arrived on a flight to another city rather than the one where we live?
Any suggestions or advice would be greatly appreciated. Thank you.
I have to agree with the attorney here...B1/B2s visa are not much of a gain to USCIS. The beneficiary is not paying any taxes while in US. So there is every possibility of rejection/denial at POE. Best would be getting married while in US..The attorney's would have much more control if COS was done from US. Most attorney's would not be of much help when consular processing is involved.
She is currently in the US on a B1-B2 Tourist/Business visa. This is her fifth visa and has visited the US a total of 10 times over the past 5 years, spending 1-5 months each time. She has NEVER had a problem on arrival at the airport, never been called into the room for questioning, etc.
We are planning on getting married, but we need to make a trip to her home country for my work in the next few weeks for about a month. We were planning on waiting till 30 days after our return to marry and then to apply for her I-130/I-485 after that.
We just had a consultation with an immigration lawyer who recommended that she does NOT leave the country, and that we should get married ASAP and apply for the I-130/I-485 now, wait 2-3 months and make our trip then. The lawyer thought that there was a possibility that she might not be admitted the next time she comes in if the border agent has even the tiniest suspicion that she is entering to get married.
Although her previous B1-B2 visas were renewed each year without an interview, this year she was called in and they asked her some questions. She mentioned that she was doing some work for me in China, and that she would be staying with me in the US. She also put me down as her financial guarantee in the US.
I understand the basics of dual intent, and would not want to compromise her ability to enter the country.
Of course no one can know for sure, but would be grateful for some experienced advice about this. What are her chances of being refused entry when she returns? (Her visa is valid for one year, so it would be on the same visa she arrived here on this summer.) Would it be better if she arrived on a different flight than me? Or even better if she arrived on a flight to another city rather than the one where we live?
Any suggestions or advice would be greatly appreciated. Thank you.
I have to agree with the attorney here...B1/B2s visa are not much of a gain to USCIS. The beneficiary is not paying any taxes while in US. So there is every possibility of rejection/denial at POE. Best would be getting married while in US..The attorney's would have much more control if COS was done from US. Most attorney's would not be of much help when consular processing is involved.
guesswho
04-10 11:59 AM
That sucks :(
more...
swarnapuri
07-09 09:04 AM
There is a reason FOX interviewed this fucker... I'm not a big fan of FOX news; another set of conservative idiots.
Do not use inappropriate words.
Do not use inappropriate words.
ganguteli
05-28 01:22 PM
How about Lawyers reducing their fees?
We are all paying so much to lawyers and that fees is much higher than what USCIS charges.
Why can't lawyers run a campaign or post on their blogs to reduce their fees.
We are all paying so much to lawyers and that fees is much higher than what USCIS charges.
Why can't lawyers run a campaign or post on their blogs to reduce their fees.
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nairvimal
06-18 11:20 AM
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sweet_jungle
12-29 09:52 PM
3 year h1 extension requires I140 to be approved plus non-current priority dates. You can get a copy of the approval from your attorney
I do not see any reason why uscis cannot give 3 year extension with ONLY 485 receipt and I-140 case number printout. With these, USCIS should be able to determine the priority dates and whether the person is retrogressed or not.
An actual case would be helpful.
I do not see any reason why uscis cannot give 3 year extension with ONLY 485 receipt and I-140 case number printout. With these, USCIS should be able to determine the priority dates and whether the person is retrogressed or not.
An actual case would be helpful.
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njdude26
07-03 06:56 PM
What are the advantages and disadvantages of a TN-Visa ?
Other than having to get 1 year visa by visiting the border every 1 year what is the difference b/n this and a GC ?
Other than having to get 1 year visa by visiting the border every 1 year what is the difference b/n this and a GC ?
ganguteli
02-03 01:54 PM
Dont stay here .. People like you causing problem for people who work hard. If you cannot find job.. why the hell you stay here. You should pack bag.. If you are rich enough to spend money while not working in USA come on B1 visa and stay for 180 days in 5 star hotel.
Go back...
Dude 'Fairlyangel' may be 'Tunnel rat' now posing as an angel . He is trying real hard to show H1Bs as fraud but he himself is faking his identity on IV and doing fraud.
Common, post your real name and real resume if you have any guts. Stop being annonymous if you really want to change the system.
:D:D:D:D
Go back...
Dude 'Fairlyangel' may be 'Tunnel rat' now posing as an angel . He is trying real hard to show H1Bs as fraud but he himself is faking his identity on IV and doing fraud.
Common, post your real name and real resume if you have any guts. Stop being annonymous if you really want to change the system.
:D:D:D:D
more...
nissan_1
10-26 11:28 AM
Now I am confused with the PD of labor...
Here is the scenario -
Labor - Approved
PD - April 2007
I140 Pending
6th year H1B expiring on march 2008.
Assuming I140 will not be apprved by March 2008, can we get 1 year Extension?
Here is the scenario -
Labor - Approved
PD - April 2007
I140 Pending
6th year H1B expiring on march 2008.
Assuming I140 will not be apprved by March 2008, can we get 1 year Extension?
andy garcia
09-08 07:53 PM
I filed for 485 in July without EAD and AP document since my H1B is valid for another 2 years. In a month's time the most unfortunate thing happened. The company that sponsored my H1B/Green Card just got acquired. It is anticipated that as a result several people will get laid off including me. I have yet to recieve the reciept notice for 485. What happens when something like this happens 180 days before? What are my options if I were to get laid off?
1) Get H1B transfer to another company and hope that old employer won't revoke I-140.
2) Don't get H1B transfer, don't work at all, apply for EAD and AP and wait for the next 5 months to pass. Again hope that employer doesn't revoke I-140.
I have very good relations with employer and so far I have never needed to bend any rules, but don't know what the new people will be like.
If you are on H1B status your employer has to cancel your visa once they lay you off. You need to transfer your H1 before they cancel it, otherwise you will be out of status.
1) Get H1B transfer to another company and hope that old employer won't revoke I-140.
2) Don't get H1B transfer, don't work at all, apply for EAD and AP and wait for the next 5 months to pass. Again hope that employer doesn't revoke I-140.
I have very good relations with employer and so far I have never needed to bend any rules, but don't know what the new people will be like.
If you are on H1B status your employer has to cancel your visa once they lay you off. You need to transfer your H1 before they cancel it, otherwise you will be out of status.
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dealsnet
09-08 03:40 PM
Get ready for an interview. USCIS transfer your petition to NBC for interview by local office.
Go with a $1000/day lawyer, or, if you are confident and clean case, go alone with all documents.
Go with a $1000/day lawyer, or, if you are confident and clean case, go alone with all documents.
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jamesingham
06-23 08:59 AM
No not yet. Attorney says I will get it in October of this year. He also said PERM is going to be no problem .. problem may arise when we apply for EB-2 140.
Yes, the responsibilities are 50% different than my previous job.
Yes, the responsibilities are 50% different than my previous job.
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gc_samba
07-17 05:03 PM
Thank you I appreciate your response
No minimum period is necessary and firing will not have any negative impact.
No minimum period is necessary and firing will not have any negative impact.
nkavjs
11-09 09:15 PM
[QUOTE=tinuverma;193745]Hello guys,
Firstly happy diwali to everyone at IV
Quick background:
H1-B valid till jan-2010
Application for GC filed on July 23rd 2007 (reached USCIS - DHL i think)
All checks encashed on oct 17th 2007
Received fingure printing notice on Nov 6th for both - wife and I
Received EAD for both nov 8th.
I work for a consulting company like many others here. This puts me in a spot, if I call the lawyer and ask for advise, he says he is representing my company and cannot answer certain questions. I cannot ask my consulting company for obvious reasons. Hence turning to you guys for help.
Now here is my question:
my priority date is sept 2005. With the dates above, when is it safest to change jobs?
-- If you take my advise. Its not advisable to switch jobs now. Starting July 23rd, count 180 days before even you decide to make a jump using AC12.
Also what is the reason my lawyer (or paralegal) indicated that it is better if I change jobs only after getting my green card?
-- If you move jobs using EAD, then if for any reason if your 485 is denied then you will be out of status and have to leave US.. But if you are employed with same employer on H1 and if your 485 is rejected, you are still safe.. can again file for second 485 petition. Dont have to leave US right away.
When I asked if it is ok to travel on H1/H4 to India ...I was informed that it is better not to travel until all this is over. Is there something I am missing?
-- If you receive AP, its ok to travel if your passport is not with H1 stamping.
Once you get back, you will be stamped as parollee.
Why is it not safe to travel while on EAD and yet to have the GC in hand?
-EAD has got nothing to do with your travel plans. You either need H1 stamped passport or a AP notice.
Last and most imp, is there any on when I can hope to get the actual green card?
-- Dont know the answer.. Its like a lottery.
Firstly happy diwali to everyone at IV
Quick background:
H1-B valid till jan-2010
Application for GC filed on July 23rd 2007 (reached USCIS - DHL i think)
All checks encashed on oct 17th 2007
Received fingure printing notice on Nov 6th for both - wife and I
Received EAD for both nov 8th.
I work for a consulting company like many others here. This puts me in a spot, if I call the lawyer and ask for advise, he says he is representing my company and cannot answer certain questions. I cannot ask my consulting company for obvious reasons. Hence turning to you guys for help.
Now here is my question:
my priority date is sept 2005. With the dates above, when is it safest to change jobs?
-- If you take my advise. Its not advisable to switch jobs now. Starting July 23rd, count 180 days before even you decide to make a jump using AC12.
Also what is the reason my lawyer (or paralegal) indicated that it is better if I change jobs only after getting my green card?
-- If you move jobs using EAD, then if for any reason if your 485 is denied then you will be out of status and have to leave US.. But if you are employed with same employer on H1 and if your 485 is rejected, you are still safe.. can again file for second 485 petition. Dont have to leave US right away.
When I asked if it is ok to travel on H1/H4 to India ...I was informed that it is better not to travel until all this is over. Is there something I am missing?
-- If you receive AP, its ok to travel if your passport is not with H1 stamping.
Once you get back, you will be stamped as parollee.
Why is it not safe to travel while on EAD and yet to have the GC in hand?
-EAD has got nothing to do with your travel plans. You either need H1 stamped passport or a AP notice.
Last and most imp, is there any on when I can hope to get the actual green card?
-- Dont know the answer.. Its like a lottery.
more...
EndlessWait
12-07 03:09 PM
databases for CSC and NSC are aligned and then notices are sent automatically. Unless that happens one has to wait to get the FP notice.
its so weird, Oh USCIS have mercy on us. go IV
its so weird, Oh USCIS have mercy on us. go IV
vaishnavilakshmi
07-07 05:23 PM
Hi all,
There are many applications which reached on 30th june and 1st july too!!!My application was mailed on 29th june and reached uscis (nebraska)on 30th june .Can u please upgrade the poll??
vaishu
There are many applications which reached on 30th june and 1st july too!!!My application was mailed on 29th june and reached uscis (nebraska)on 30th june .Can u please upgrade the poll??
vaishu
latbsol
02-25 11:19 AM
Hey, thanks for the feedback and clarifications. Good to know that my EB2 will not affect the existing EB3. Yeah, I agree things are kind of grey when it comes to using the on-the-job work experience. I guess it depends on individual circumstances and there is no certainity about what will apply where.
It would be really nice if the USCIS publishes some clear written material on these rules and regulations, like a FAQs that answers the most nagging questions someone has about Employment Based immigration. Does something like that exist? Does anyone know?
Thanks
It would be really nice if the USCIS publishes some clear written material on these rules and regulations, like a FAQs that answers the most nagging questions someone has about Employment Based immigration. Does something like that exist? Does anyone know?
Thanks
CT_Green
11-07 02:14 PM
As long as you have maintained status there is nothing to worry?
I had a question regarding H1 visa stamping. If my I-40 is approved when I am out the the country and I have also to get my visa stamped for H1. Is there a chance of H1 being denied since the 1-40 is already approved. Any insights will be appreciated. Thanks.
I had a question regarding H1 visa stamping. If my I-40 is approved when I am out the the country and I have also to get my visa stamped for H1. Is there a chance of H1 being denied since the 1-40 is already approved. Any insights will be appreciated. Thanks.
fearonlygod
10-03 12:29 PM
Thanks..Guys for suggestions....
I wanted to confirm that you complained in DOL while your transfer was pending or once it got completed....My only concern is that my transfer is pending....and if i complain that basted could cook something...?
Any responses will be highly appreciated...
I wanted to confirm that you complained in DOL while your transfer was pending or once it got completed....My only concern is that my transfer is pending....and if i complain that basted could cook something...?
Any responses will be highly appreciated...
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