kumar1
10-11 08:51 PM
You can not use interfiling across categories. You can only use interfiling between few EB categories. You are better off moving to family based quota, all you need to prove is she is your sister. Good luck.
People in this forum are struggling to get GC on Employeement category, since you have a family stream possibility and which is current as per you note above, I would advise you to help us by moving you and your husband to family category.......thanks in advance for giving us 2 visa numbers. :D
People in this forum are struggling to get GC on Employeement category, since you have a family stream possibility and which is current as per you note above, I would advise you to help us by moving you and your husband to family category.......thanks in advance for giving us 2 visa numbers. :D
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GLIX
09-26 12:15 PM
This is who I have been using. She has a license to practice in New York.
Shirley Tang
Parsekian & Solomon, P.C.
140 Main Street
Hackensack, NJ 07601
Tel. 201.487.2080
Fax. 201.487.7645
Shirley Tang
Parsekian & Solomon, P.C.
140 Main Street
Hackensack, NJ 07601
Tel. 201.487.2080
Fax. 201.487.7645
sdckkbc
02-04 10:07 AM
LONGGCQUE,
This question just means if anyone helped you in filing the DS-160 form.
But question I was looking for was "Has anyone filed I140 immigrant petition on your behalf?" which pretty much means has anyone started your GC process.
This question just means if anyone helped you in filing the DS-160 form.
But question I was looking for was "Has anyone filed I140 immigrant petition on your behalf?" which pretty much means has anyone started your GC process.
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TexDBoy
09-11 10:30 PM
I think if the current H1B is expired, he has to apply transfer from India to a different company and go for VISA again ....
http://www.murthy.com/news/n_h1bcan.html
What Happens to my H1B if I am Abroad?
�MurthyDotCom
Questions arise on the topic of traveling abroad, or come from those who are outside the United States. An individual might have had an H1B filed by an employer, but for one reason or another, never entered the U.S. or worked for the employer. One might have been in the U.S. as an H1B employee at some point, but then left the U.S. to live abroad. People such as these ask about getting their H1Bs transferred from companies where they either never worked or are no longer working. Since there is no transfer, there is no concern about this issue. If one is abroad, the new company must file a new H1B petition. There is no pay stub problem in connection with the petition for a person living abroad, since there is no possibility of an extension of H1B status when the individual is not in the United States. (Lack of proper pay records may be an issue at the consulate in connection with an H1B visa application for one who was in the U.S. as an H1B employee, but was not being paid the required prevailing wage.) The H1B employee would need a new visa, if the earlier H1B visa stamp had expired.
http://www.murthy.com/news/n_h1bcan.html
What Happens to my H1B if I am Abroad?
�MurthyDotCom
Questions arise on the topic of traveling abroad, or come from those who are outside the United States. An individual might have had an H1B filed by an employer, but for one reason or another, never entered the U.S. or worked for the employer. One might have been in the U.S. as an H1B employee at some point, but then left the U.S. to live abroad. People such as these ask about getting their H1Bs transferred from companies where they either never worked or are no longer working. Since there is no transfer, there is no concern about this issue. If one is abroad, the new company must file a new H1B petition. There is no pay stub problem in connection with the petition for a person living abroad, since there is no possibility of an extension of H1B status when the individual is not in the United States. (Lack of proper pay records may be an issue at the consulate in connection with an H1B visa application for one who was in the U.S. as an H1B employee, but was not being paid the required prevailing wage.) The H1B employee would need a new visa, if the earlier H1B visa stamp had expired.
more...
Steeler
01-25 01:06 PM
Hi All
My AP document expired in NOv 2008. I traveled to India and got back in Aug 2008. The officer stamped the document and wrote paroled until Aug 2009.
Can I travel on this document?
Please advise.
Thank you.
My AP document expired in NOv 2008. I traveled to India and got back in Aug 2008. The officer stamped the document and wrote paroled until Aug 2009.
Can I travel on this document?
Please advise.
Thank you.
amar123
11-24 05:03 PM
Hi All,
Is there a fee for filing a renew advance parole document for a application based on a I-485 filed after July 2007.
I know that there is no fee for I-765 renewal, but , there is a conflict for I-131 based on the following info:
1.
USCIS - Instructions for Electronically Filing Form I-131 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e650065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)
If you filed Form I-485, Application to Register Permanent Residence or Adjust Status under the fee structure in place on or after July 30, 2007, then no fee is required to also file a request for a travel document on Form I-131 for an advance parole or refugee travel document. Those applications may not be electronically filed and must be submitted to USCIS via regular mail or courier service.
2.USCIS decides 1-131 is not eligible for fee waiver - probono.net - Asylum Law (http://www.probono.net/asylum/news/article.198509-USCIS_decides_1131_is_not_eligible_for_fee_waiver+ i-131+fee+waiver+july+2007&cd=4&hl=en&ct=clnk&gl=us)
The USCIS revisited a response they gave in the April National Stakeholder Meeting Q & A <http://www.uscis.gov/files/nativedocuments/CBO_042908.pdf> to question #7 regarding fee waivers on the I-485 application package. Their initial response indicated that a fee waiver may be applied to the I-131 (Application for Travel Document) if the I-485, I-765, and I-131 were filed concurrently after July 30, 2007 and the fee waiver application was granted on the I-485.
Upon review of the applicable law they now note that the I-131 is not actually eligible for a fee waiver at any time. The legal basis for this reasoning can be found in controlling language at 8 CFR 103.7(b) provides that "... no additional fee will be charged for a request for travel document (advance parole) or employment authorization filed by an applicant who has paid the Form I-485 application fee..."
Thanks,
Amar
Is there a fee for filing a renew advance parole document for a application based on a I-485 filed after July 2007.
I know that there is no fee for I-765 renewal, but , there is a conflict for I-131 based on the following info:
1.
USCIS - Instructions for Electronically Filing Form I-131 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e650065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)
If you filed Form I-485, Application to Register Permanent Residence or Adjust Status under the fee structure in place on or after July 30, 2007, then no fee is required to also file a request for a travel document on Form I-131 for an advance parole or refugee travel document. Those applications may not be electronically filed and must be submitted to USCIS via regular mail or courier service.
2.USCIS decides 1-131 is not eligible for fee waiver - probono.net - Asylum Law (http://www.probono.net/asylum/news/article.198509-USCIS_decides_1131_is_not_eligible_for_fee_waiver+ i-131+fee+waiver+july+2007&cd=4&hl=en&ct=clnk&gl=us)
The USCIS revisited a response they gave in the April National Stakeholder Meeting Q & A <http://www.uscis.gov/files/nativedocuments/CBO_042908.pdf> to question #7 regarding fee waivers on the I-485 application package. Their initial response indicated that a fee waiver may be applied to the I-131 (Application for Travel Document) if the I-485, I-765, and I-131 were filed concurrently after July 30, 2007 and the fee waiver application was granted on the I-485.
Upon review of the applicable law they now note that the I-131 is not actually eligible for a fee waiver at any time. The legal basis for this reasoning can be found in controlling language at 8 CFR 103.7(b) provides that "... no additional fee will be charged for a request for travel document (advance parole) or employment authorization filed by an applicant who has paid the Form I-485 application fee..."
Thanks,
Amar
more...
amengiv
01-12 02:24 PM
Hello everyone,
I was scheduled to go to an I485 interview(PD: March 2006) at the end of this month.
Here is my situtation, my H1B was expired at 08/15/09 and I renewed my expired EAD(expired in January, 2009) on 07/30/2009. However my previous employee laid me off on 08/31/09. Before I got my new EAD on 11/18/09 and started my new job on 11/23/09, there was a period of time(from 09/01/09 to 11/22/09) that I was umemployed without a valid H1B or EAD.
Is that a big deal when I go to the interview? If it is, does anyone want to provide any advice?
Thanks a lot in advance!
Andrew
I was scheduled to go to an I485 interview(PD: March 2006) at the end of this month.
Here is my situtation, my H1B was expired at 08/15/09 and I renewed my expired EAD(expired in January, 2009) on 07/30/2009. However my previous employee laid me off on 08/31/09. Before I got my new EAD on 11/18/09 and started my new job on 11/23/09, there was a period of time(from 09/01/09 to 11/22/09) that I was umemployed without a valid H1B or EAD.
Is that a big deal when I go to the interview? If it is, does anyone want to provide any advice?
Thanks a lot in advance!
Andrew
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fromnaija
12-12 02:17 PM
Thanks for your reply
What if the case is where I want to take up a new full time position and convert my current full time position to part time.....I guess one way to do it would be to transfer H1 to the new employer...wait for an approval and then file for another concurrent H1 for the part time job with the old company..But the problem is I'd have to wait until new approval comes...and also convince both companies to shell out 2k plus in filing fees....does any one have a better alternative ? Thanks again
I believe that to convert a full time position to part time, all you have to do is re-file your LCA.
What if the case is where I want to take up a new full time position and convert my current full time position to part time.....I guess one way to do it would be to transfer H1 to the new employer...wait for an approval and then file for another concurrent H1 for the part time job with the old company..But the problem is I'd have to wait until new approval comes...and also convince both companies to shell out 2k plus in filing fees....does any one have a better alternative ? Thanks again
I believe that to convert a full time position to part time, all you have to do is re-file your LCA.
more...
amsgc
07-03 01:46 AM
My attorney is encouraging me to take part in the proposed AILF Class Action Lawsuit against the Government by submitting I-485 to USCIS knowing that its going to be rejected. Anyone decided on this? What are the pros and cons? If there is a favorable outcome, I-485 may be accepted at that time (months? / years?). But here is my big concern: if I am a part of that lawsuit, my 485 may be considerably delayed (my PD is Feb 2005) ! I am aware that IV is encouraging lawsuit too. Any comments?
My question is, how long is the lawsuit, and what happens to your case if your pd becomes current? Will USCIS process your case if your are embroiled in a lawsuit, or will they wait till the lawsuit is over?
My question is, how long is the lawsuit, and what happens to your case if your pd becomes current? Will USCIS process your case if your are embroiled in a lawsuit, or will they wait till the lawsuit is over?
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bigboy007
07-28 10:54 PM
Everyone wants to get to news... There are many options BUT h1 or L1 i have seen IT companies doing those when H1 are dried out...
but Phaneesh is "he" ( the one quoted in the article not Shiela) anyways chill out... :)
BTW Murthy is not he.
but Phaneesh is "he" ( the one quoted in the article not Shiela) anyways chill out... :)
BTW Murthy is not he.
more...
GCDeramzz
06-21 10:34 PM
when you are applying for I140 - You may get RFE due to the fact that your education is not matching (equivalent to) 4 years. So it is better to show the education as 4 years ie..if you have some other degrees/diplomas along with your 3 years degree. this has to be mentioned in box#15.
Hope I am clear.
---------------------
I have acquired the above IQ from forums :-)
Hope I am clear.
---------------------
I have acquired the above IQ from forums :-)
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mrajatish
03-28 09:45 AM
When does a bill come to floor - will any of the bills come to floor today?
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mbartosik
06-14 12:33 AM
If you are on speaking terms, and she is in USA, then consider extending an olive branch to her. You can always extend the olive branch after you get a receipt notice for your I485.
I think that she can file as a dependant separately, using your receipt notice, so you don't have to decide before filing. It would be unusual, but I think possible. That approach may have several advantages.
I think that she can file as a dependant separately, using your receipt notice, so you don't have to decide before filing. It would be unusual, but I think possible. That approach may have several advantages.
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RadioactveChimp
05-08 08:53 PM
awwww!
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kirupa
10-31 06:22 AM
Added!
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roseball
08-29 10:29 AM
I am working in US on L1A visa expiring in November 2010 (completing 7 years). The Visa with whom I am working are not processing my GC. Before changing my Visa to L1A, I had H1B which is expired now. So I am applying for PERM through another employer. This employer/attorney is going to file for Labor in one or two months. What are the chances of my Labor and I-140 getting approved before December 2010? If my Labor got approved by December 2010, Can I switch to the employer who has applied for PERM and continue staying in US? Are there any options? Please advice. Thanks for your time.
PERM processing for non-audited cases is taking anywhere from 8-12 months these days. Assuming your case does not come under audit, then yes, with premium processing of I-140, you can expect both your Labor/I-140 being approved by Dec 2010 (assuming the 8-12 month PERM processing times still hold good)
PERM processing for non-audited cases is taking anywhere from 8-12 months these days. Assuming your case does not come under audit, then yes, with premium processing of I-140, you can expect both your Labor/I-140 being approved by Dec 2010 (assuming the 8-12 month PERM processing times still hold good)
more...
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kirupa
04-08 04:21 PM
lukus - are you sure you would not be breaking any copyrights by using their actual logos in your stamps? :)
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McLuvin
04-16 03:38 PM
IV, you guys are doing it.....
I know for sure that Shusterman is one of the reputed Lawyer's... Its good to see people like him spending some time in this forum.
Also, if this is Mr.Shusterman himself participating in this forum or a member of his team participating. Can you throw some light into EB Immigration in the current CIR. What is that the EB folks can expect?
BR,
K
I know for sure that Shusterman is one of the reputed Lawyer's... Its good to see people like him spending some time in this forum.
Also, if this is Mr.Shusterman himself participating in this forum or a member of his team participating. Can you throw some light into EB Immigration in the current CIR. What is that the EB folks can expect?
BR,
K
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Mr. Brown
12-10 03:37 PM
Does anyone know what 202(a)(5) is and why doesn't it apply to EB3?
-----------------------------------------------------------------------------------------------------
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment Second:
China: July through October 2005
India: February through early March 2005
If Section 202(a)(5)were to apply:
China and India: October through December 2005
Employment Third:
Worldwide: April through August 2005
China: June through September 2003
India: January through February 2002
Mexico: January through June 2004
Philippines: April through August 2005
-----------------------------------------------------------------------------------------------------
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment Second:
China: July through October 2005
India: February through early March 2005
If Section 202(a)(5)were to apply:
China and India: October through December 2005
Employment Third:
Worldwide: April through August 2005
China: June through September 2003
India: January through February 2002
Mexico: January through June 2004
Philippines: April through August 2005
m2kkk
07-31 12:29 PM
I don't see the gain. Although a fresh L petition has better chance of approval, you still have to get a visa approved, which may get rejected.
Given your wife's situation of EAD, you are better off applying for an extension here. They will not reject an application as long it meets all the requirements.
Thanks ! I dont know if the reasons for rejection are entirely based on merits of the petition but from experience of my coworkers around here, the employer advises a fresh petition. If I wish to go for a fresh petition how soon can I travel before my VISA expiry date ? Is there any deadline stipulated ? My VISA expires on 11/18/2008. Can I travel in Sept and submit a fresh petition for approval ?
Thanks
Given your wife's situation of EAD, you are better off applying for an extension here. They will not reject an application as long it meets all the requirements.
Thanks ! I dont know if the reasons for rejection are entirely based on merits of the petition but from experience of my coworkers around here, the employer advises a fresh petition. If I wish to go for a fresh petition how soon can I travel before my VISA expiry date ? Is there any deadline stipulated ? My VISA expires on 11/18/2008. Can I travel in Sept and submit a fresh petition for approval ?
Thanks
Blog Feeds
06-26 03:40 PM
If you hold a green card and know in advance that you must be outside the United States for more than one year, it's worth applying to USCIS for a reentry permit (http://www.h1b.biz/lawyer-attorney-46E25CCD-3076-4CAE-B8909FA9BFF73FEA.html). This lets you to stay away for up to two years.
You should send in your application before leaving. Your reentry permit will serve as an entry document when you are ready to return. Reentry permits cannot be renewed and can be applied for only inside the United States. If you want to stay away for more than two years, you must return briefly and apply for another reentry permit.
The Nebraska Service Center (NSC) of the U.S. Citizenship and Immigration Services (USCIS) issued an advisement in June 2009 regarding a change in procedures related to requests for rescheduling biometrics (fingerprinting) appointments for applications for reentry permits. The NSC has advised that all applications for reentry permits will be denied if the fingerprinting is not completed within 120 days of filing. The procedures for requesting expedited fingerprinting have not changed. I assume this is due to fact that many Green Card holders living abroad were trying to apply for the permit from overseas. In order to stp the practice, USCIS is trying to impose the strict biometrics schedule to make sure applicants apply form inside the US.
Applicants either have to appear at their scheduled appointments or request to be rescheduled. This request must occur before the appointment date. A request for rescheduling must be accompanied by a reasonable excuse for the inability to appear for the scheduled appointment. Rescheduled appointments are set within a maximum 30-day timeframe. Applicants should plan their travel accordingly, as the announcement is absolute with respect to the 30-day timeframe.
Here is a good tip to avoid one's green card being considered automatically abandoned under law, it is important to return within one year, at the latest.
More... (http://www.visalawyerblog.com/2009/06/how_to_keep_you_green_card_cha.html)
You should send in your application before leaving. Your reentry permit will serve as an entry document when you are ready to return. Reentry permits cannot be renewed and can be applied for only inside the United States. If you want to stay away for more than two years, you must return briefly and apply for another reentry permit.
The Nebraska Service Center (NSC) of the U.S. Citizenship and Immigration Services (USCIS) issued an advisement in June 2009 regarding a change in procedures related to requests for rescheduling biometrics (fingerprinting) appointments for applications for reentry permits. The NSC has advised that all applications for reentry permits will be denied if the fingerprinting is not completed within 120 days of filing. The procedures for requesting expedited fingerprinting have not changed. I assume this is due to fact that many Green Card holders living abroad were trying to apply for the permit from overseas. In order to stp the practice, USCIS is trying to impose the strict biometrics schedule to make sure applicants apply form inside the US.
Applicants either have to appear at their scheduled appointments or request to be rescheduled. This request must occur before the appointment date. A request for rescheduling must be accompanied by a reasonable excuse for the inability to appear for the scheduled appointment. Rescheduled appointments are set within a maximum 30-day timeframe. Applicants should plan their travel accordingly, as the announcement is absolute with respect to the 30-day timeframe.
Here is a good tip to avoid one's green card being considered automatically abandoned under law, it is important to return within one year, at the latest.
More... (http://www.visalawyerblog.com/2009/06/how_to_keep_you_green_card_cha.html)
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