eb3_nepa
02-14 01:21 PM
I am not from NOLA, but i recommend naming the title of any thread more than just one word. The simple reason being, it gets lots in the list of other threads on the R.H.S. Just a suggestion
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longwait4gc
09-28 08:20 PM
I am EB2, Indian. Filed for PERM earlier this summer and waiting for approval which I don't expect for another 4-6 months. The situation is that my company is in a very shaky financial position but they have been very supportive and I am hoping to be okay for the next 6 mo to year. My strategy is (assuming I don't lose my job) to just sit out my I-140 approval and that way I get the 3-yr extension and lock in my PD. I don't see being able to file for I-485 at this job.
Soo -- 2 questions:
1) Do you think the financial position of the company will affect the I-140 approval? It's a financial services firm and we have had a bunch of layoffs.
2) Assuming I get my I-140 approved, could I, in theory, leave the US for a while (I am very interested in a one-year fellowship program in Europe) and then come back and go work for a new company using the 3-year H1-B extension and begin the green card process again with my current (2009) priority date?
Thanks very much!
For question 2: Answer Yes.
If your company had lay offs there is a good chance you might get audit. If you get an audit the Perm process might take upto 2-3 years. If you dont get an audit perm process could finish in a year. Plan accordingly. All the best.
Soo -- 2 questions:
1) Do you think the financial position of the company will affect the I-140 approval? It's a financial services firm and we have had a bunch of layoffs.
2) Assuming I get my I-140 approved, could I, in theory, leave the US for a while (I am very interested in a one-year fellowship program in Europe) and then come back and go work for a new company using the 3-year H1-B extension and begin the green card process again with my current (2009) priority date?
Thanks very much!
For question 2: Answer Yes.
If your company had lay offs there is a good chance you might get audit. If you get an audit the Perm process might take upto 2-3 years. If you dont get an audit perm process could finish in a year. Plan accordingly. All the best.
senk1s
09-18 09:34 PM
on ead you may work for (and get paid by) anybody
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kishdam
03-10 10:39 AM
we are going through it right now.
planning to file g-28 only and not AC-21 letter.
Will wait for a RFE to send a AC-21 letter.
Are you self filling G-28 or doing through another lawyer?
Thanks
Thanks for the info.
Planning to thru another lawyer - only because I dont know how to do it on my own and dont want to take any chance. Someone earlier mentioned that if we do it on our own - we may not receive any acknowledgement but if we do it thru antoher lawyer they receive some sort of confirmation.
I am not sure if its true or the logic behind it but thought of going thru a lawyer - he is charging me for both G-28 and AC21 even though AC21 is not done now (which is ok with me).
If RFE does come at some point - do you know how much time we typically have to reply?
planning to file g-28 only and not AC-21 letter.
Will wait for a RFE to send a AC-21 letter.
Are you self filling G-28 or doing through another lawyer?
Thanks
Thanks for the info.
Planning to thru another lawyer - only because I dont know how to do it on my own and dont want to take any chance. Someone earlier mentioned that if we do it on our own - we may not receive any acknowledgement but if we do it thru antoher lawyer they receive some sort of confirmation.
I am not sure if its true or the logic behind it but thought of going thru a lawyer - he is charging me for both G-28 and AC21 even though AC21 is not done now (which is ok with me).
If RFE does come at some point - do you know how much time we typically have to reply?
more...
Pro Engineer
08-05 11:12 AM
Hello all,
i could not get answer for this question. for all ppl filed AOS between 2nd july and 17th august, will they process GC application based on PD or RD ?
Person A : PD august 2005 and I-485 filed on : 15 th july
Person B : PD august 2006 and I-485 filed on : 2 nd july
who will get GC first ? Person A or person B ?
thanks in advance.
i could not get answer for this question. for all ppl filed AOS between 2nd july and 17th august, will they process GC application based on PD or RD ?
Person A : PD august 2005 and I-485 filed on : 15 th july
Person B : PD august 2006 and I-485 filed on : 2 nd july
who will get GC first ? Person A or person B ?
thanks in advance.
sunny1000
05-03 06:07 PM
All,
I am a little confused. I just got my H1B extension done recently and my attorney sent me a letter saying that if I go out of the country for stamping I need to make sure my Passport is valid beyond the H1B period.
My passport expires in May 2008 and my current H1 is valid till July 2010. Does anyone see any issues in going for stamping in India in July 2007 with my current passport and later on some time next year applying for a new Indian passport.
Appreciate your help
You can apply for your new passport a year in advance. It might take a week to 10 days to receive by mail. If you go to the Indian Embassy or Consulate, you can get it the same day. But, you should be ok with the current passport since you have almost a year left on it.:cool:
I am a little confused. I just got my H1B extension done recently and my attorney sent me a letter saying that if I go out of the country for stamping I need to make sure my Passport is valid beyond the H1B period.
My passport expires in May 2008 and my current H1 is valid till July 2010. Does anyone see any issues in going for stamping in India in July 2007 with my current passport and later on some time next year applying for a new Indian passport.
Appreciate your help
You can apply for your new passport a year in advance. It might take a week to 10 days to receive by mail. If you go to the Indian Embassy or Consulate, you can get it the same day. But, you should be ok with the current passport since you have almost a year left on it.:cool:
more...
andy garcia
07-02 09:50 AM
I live/work in california - and on the I-485 form it says the address is :
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
Can someone please advise? Apologies if this has been covered already.
Employment-based adjustment of status.
File all employment-based AOS applications at the following address:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
This includes an EB Form I-485 filed concurrently with a Form I-140, Immigrant Petition for Alien Worker, and an EB Form I-485 filed based on a pending or an approved Form I-140.
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
Can someone please advise? Apologies if this has been covered already.
Employment-based adjustment of status.
File all employment-based AOS applications at the following address:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
This includes an EB Form I-485 filed concurrently with a Form I-140, Immigrant Petition for Alien Worker, and an EB Form I-485 filed based on a pending or an approved Form I-140.
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miguy
08-27 02:00 PM
any other ideas folks???
more...
Agul
04-13 04:32 AM
I would appreciate any and all advice that anyone can provide:
My green card was sponsored by my husband, who has a GC. I was travelling out of the country on advance parole, when my passport got stolen, and I had to return to my original country to get a new passport issued, this took some months, during which, my advance parole to travel document expired. SO I could not enter the US. Then, a couple of weeks later, my green card approval, I485 was approved and a notice sent to me in the US. This was in June 2006. Since then, I have not received any other letter/notice, or the GC itself, and I am still stuck outside the US, without my husband. My lawyer is not doing naything about it, and I dont know what I can do?? I have tried contacting the 1800 number, and they say they put in service requests for me, but I have still not received any new information from that end as well, and each time, I have to wait 45 days before they can put in a new service request.
Help!!
Please advise, as it has been so long, and I am still stuck outside the US without my husband.
Any and ALL advice is most welcome
:confused: :(
My green card was sponsored by my husband, who has a GC. I was travelling out of the country on advance parole, when my passport got stolen, and I had to return to my original country to get a new passport issued, this took some months, during which, my advance parole to travel document expired. SO I could not enter the US. Then, a couple of weeks later, my green card approval, I485 was approved and a notice sent to me in the US. This was in June 2006. Since then, I have not received any other letter/notice, or the GC itself, and I am still stuck outside the US, without my husband. My lawyer is not doing naything about it, and I dont know what I can do?? I have tried contacting the 1800 number, and they say they put in service requests for me, but I have still not received any new information from that end as well, and each time, I have to wait 45 days before they can put in a new service request.
Help!!
Please advise, as it has been so long, and I am still stuck outside the US without my husband.
Any and ALL advice is most welcome
:confused: :(
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learning01
05-08 01:24 PM
Thanks. I like your idea;A better place for that would be any country where expatriates work in the Middle East ( Saudi Arabia, Dubai, Kuwait, Qatar, Oman etc)
I think if there is no time limit ( currently 6 years) on h1 visa and there are 3 yr extensions, it will make all of our lives so much easier.
There will be no hurry to apply for GCs and those who really want to stay in US forever will apply, thus reducing all this backlogs too.
Any thoughts.
I think if there is no time limit ( currently 6 years) on h1 visa and there are 3 yr extensions, it will make all of our lives so much easier.
There will be no hurry to apply for GCs and those who really want to stay in US forever will apply, thus reducing all this backlogs too.
Any thoughts.
more...
ajm
04-13 09:08 PM
Friends,
I am in the 8th year of H1b and I have been juggling this idea of changing my job because of a sucking work environment. I have Eb3 labor(it was applied in eb3 even though my job required and i had the eb2 experience) approved and 140 approved so can I get 3 year extension by changing my job or do you suggest to first get 3 year extension and then change, in which case will I still get 3 year extension is the question.
Once you find a job, ask the new employer to apply for a 3 year extension based on the approved I-140 (the courtesy copy should be enough). You can retain the old priority date when you re-start the GC process with the new company (if the current employer maintains the LC/I-140: not sure what happens if either is revoked).
I am in the 8th year of H1b and I have been juggling this idea of changing my job because of a sucking work environment. I have Eb3 labor(it was applied in eb3 even though my job required and i had the eb2 experience) approved and 140 approved so can I get 3 year extension by changing my job or do you suggest to first get 3 year extension and then change, in which case will I still get 3 year extension is the question.
Once you find a job, ask the new employer to apply for a 3 year extension based on the approved I-140 (the courtesy copy should be enough). You can retain the old priority date when you re-start the GC process with the new company (if the current employer maintains the LC/I-140: not sure what happens if either is revoked).
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kirupa
06-10 06:30 PM
Sorry for the delay unchew. Added all 4 of your stamps up :)
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sri1309
10-23 07:31 PM
From this link it's sure Obama is going to get CIR taken care of.All those undocumented workers ,who he is so sweetly saying should get into the the end of the line after paying fine ,now will they effect our long queues in anyway?(like the amnesty people did to EB3 in 2000)
He is not talking about GC's ,though he did skirt around H1B. I'm not able to figure out if this article holds any good new for us .
Would be nice to read others opinions on this.
Thank you.
I feel he will not ignore legal immigrants. There will be action for sure, as it appears. We should take this as positive when he says +ve about H1B. If he said something bad, then thats bad also for others.
He is not talking about GC's ,though he did skirt around H1B. I'm not able to figure out if this article holds any good new for us .
Would be nice to read others opinions on this.
Thank you.
I feel he will not ignore legal immigrants. There will be action for sure, as it appears. We should take this as positive when he says +ve about H1B. If he said something bad, then thats bad also for others.
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seaken75
10-09 01:32 PM
bump
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joydiptac
05-14 11:53 AM
Putting lipstick on a Green Card does not make the backlogs go away.
Focus... USCIS Focus!:D
What difference does it make black, blue, green, yellow, pink. :D
Focus... USCIS Focus!:D
What difference does it make black, blue, green, yellow, pink. :D
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devs
06-19 05:11 AM
thanks,, but i think the visa interview dates will be closed for aug/sept by the time i receive my I797. :mad:
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Blog Feeds
08-14 01:40 PM
I recently received an inquiry at my San Francisco immigration law office from an "employer" who recently discovered that a person whom he had hired as an independent contractor was in the United States illegally. The employer had not originally known that the "employee" was illegal because independent contractors are exempt from the requirements of the Immigration Reform and Control Act (*IRCA*) (https://www.oig.lsc.gov/legis/irca86.htm) that require an employer to verify that an an employee is authorized to work in the United States. The "employer" wanted to explore the options of legalizing the contractor. While thinking about the options, I became interested in how the law defines an independent contractor.
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
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VenuK
07-11 01:57 AM
What is Security Clearance?
who does it
when does it happen
what exactly happens during this process.
what exactly do they look for.
also
could you pls look into my case. any kinda advice is greatly appreciated.
here is the link to my case:
http://immigrationvoice.org/forum/showthread.php?t=20055
--------Additional Information related to my case ----------
==========POINTED TO BE NOTED=================
1. Why extension was denied, what was in RFE?
venu_mk: RFE was due to
a. lack of documents,
b. they needed company no.of employers update info which uscis did not have on there record.
c. client letter
d. clearly defined path between employer and client relationship( had 2 vendors between them) I had to show contracts and workorders between each of them.
2. Did you get the approval for Company X after your apeal
venu_mk: appeal on denial case is still in process. what i heard after talking to different lawyers is it will take atleast 6 to 9 months of time. im still waiting on that.
3. Why are you still working with Company X,and when do you plan to join Co. Y
venu_mk: because i cannot work with company Y unless i get visa stamped.i talked to owner of company Y he said he wont generate pay stubbs unless i get stamped. One thing is i have applied I-797 from Company Y through CONSULAR PROCESSING. my lawyer says the same thing u cannot work on Company Y unless u get stamping done.
4. Are you going to get visa stamped with Co. X or Co. Y
venu_mk: Obviously with Company Y.
==========ADDITIONAL INFORMATION ABOUT MY CASE=============
On I-797 from Y it doesn't have I-94 number on it anywhere. since its through consular processing.
In order to work with Y, i have to get stamped first then only pay stubbs are generated
The result of the appeal is still pending....
one thing for sure that i have decided is that , I will only go for stamping AFTER my PIMS Verification is done in TIjuana, Mexico.
I'm pretty confused...
Please help me
With Thanks in Advance,
Venu
who does it
when does it happen
what exactly happens during this process.
what exactly do they look for.
also
could you pls look into my case. any kinda advice is greatly appreciated.
here is the link to my case:
http://immigrationvoice.org/forum/showthread.php?t=20055
--------Additional Information related to my case ----------
==========POINTED TO BE NOTED=================
1. Why extension was denied, what was in RFE?
venu_mk: RFE was due to
a. lack of documents,
b. they needed company no.of employers update info which uscis did not have on there record.
c. client letter
d. clearly defined path between employer and client relationship( had 2 vendors between them) I had to show contracts and workorders between each of them.
2. Did you get the approval for Company X after your apeal
venu_mk: appeal on denial case is still in process. what i heard after talking to different lawyers is it will take atleast 6 to 9 months of time. im still waiting on that.
3. Why are you still working with Company X,and when do you plan to join Co. Y
venu_mk: because i cannot work with company Y unless i get visa stamped.i talked to owner of company Y he said he wont generate pay stubbs unless i get stamped. One thing is i have applied I-797 from Company Y through CONSULAR PROCESSING. my lawyer says the same thing u cannot work on Company Y unless u get stamping done.
4. Are you going to get visa stamped with Co. X or Co. Y
venu_mk: Obviously with Company Y.
==========ADDITIONAL INFORMATION ABOUT MY CASE=============
On I-797 from Y it doesn't have I-94 number on it anywhere. since its through consular processing.
In order to work with Y, i have to get stamped first then only pay stubbs are generated
The result of the appeal is still pending....
one thing for sure that i have decided is that , I will only go for stamping AFTER my PIMS Verification is done in TIjuana, Mexico.
I'm pretty confused...
Please help me
With Thanks in Advance,
Venu
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senk1s
11-03 04:58 PM
my 2 cents:
processed is different from approved
processed is different from approved
raysaikat
03-01 03:08 PM
I was in united states for 5 years and 2 months on H1-B visa. I did not apply for green card during my stay and had to return to India in Aug'2008 due to personal reasons. I want to find out if I am eligible for applyng H1 in this year's quota through same employer with whom I had earlier H1.
Here is my situation -
1. My H1-B petition is valid till 12th July 2009. My passport is not stamped to reflect this date.
2. I came back to India for good on 31st August 2008.
3. If I go back to US before 12th July, I will only get extension for remaining 10 months (as I was in us for 5 years and 2 months). But I want to go for couple of years, so have to go on new visa after completion of 1 year in India.
So I want to check if I am eligible for filing H1-B in this year's quota through same employer ?
If you physically live outside US for 365 days or more, then your H1B visa time will reset, however, your new application will be subject to cap; i.e., if your application is not picked up in the lottery, you will not be able to work. Note that if you apply for new H1B, it will start from Oct 1, 2009. The employer -- a new one or the old one -- is immaterial in this calculation.
Here is my situation -
1. My H1-B petition is valid till 12th July 2009. My passport is not stamped to reflect this date.
2. I came back to India for good on 31st August 2008.
3. If I go back to US before 12th July, I will only get extension for remaining 10 months (as I was in us for 5 years and 2 months). But I want to go for couple of years, so have to go on new visa after completion of 1 year in India.
So I want to check if I am eligible for filing H1-B in this year's quota through same employer ?
If you physically live outside US for 365 days or more, then your H1B visa time will reset, however, your new application will be subject to cap; i.e., if your application is not picked up in the lottery, you will not be able to work. Note that if you apply for new H1B, it will start from Oct 1, 2009. The employer -- a new one or the old one -- is immaterial in this calculation.
voldemar
02-28 11:26 PM
I missed my original I-485. Could any one suggest me how to get the duplicate copy of it from uscis.
Google for FOIA. Freedom of Information Act
Google for FOIA. Freedom of Information Act
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