justice4all
08-31 12:29 PM
Hi,
My new EB2 I - 140 got approved with my old NIW-I-140 priority Date March 29th 2006 which is current for India now.
My I-485 (EB3) is pending throgh my spouse and I am the secondary applicant
Can I file another I-485 with my new I-140 (EB2) ?
Is there any way we can link my existing I-485 with my new I-140 (EB2)
Appreciate your suggestions.
My attorny is consfused with this situation and trying get mor information.
Thanks,
Hello,
Sorry I cant give you suggestions since I am not there yet. But I have a question,
Can we file I140 through NIW in EB3 ?? It doesnt require an EB2.
thanks
My new EB2 I - 140 got approved with my old NIW-I-140 priority Date March 29th 2006 which is current for India now.
My I-485 (EB3) is pending throgh my spouse and I am the secondary applicant
Can I file another I-485 with my new I-140 (EB2) ?
Is there any way we can link my existing I-485 with my new I-140 (EB2)
Appreciate your suggestions.
My attorny is consfused with this situation and trying get mor information.
Thanks,
Hello,
Sorry I cant give you suggestions since I am not there yet. But I have a question,
Can we file I140 through NIW in EB3 ?? It doesnt require an EB2.
thanks
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afp
02-25 01:50 PM
Hi,
I was on regular H1B for three years until mid 2008 when I changed to H4 status. Now, if I want to work for a non-profit organization, does the org have to just transfer the original H1B or file a new non-profit petition. If it is the latter (new petition) what happens to my original H1 approval? If I want to go back to the for-profit world do I need to apply for a new H1 or will my original H1 validity continue??
Thanks
AFP
I was on regular H1B for three years until mid 2008 when I changed to H4 status. Now, if I want to work for a non-profit organization, does the org have to just transfer the original H1B or file a new non-profit petition. If it is the latter (new petition) what happens to my original H1 approval? If I want to go back to the for-profit world do I need to apply for a new H1 or will my original H1 validity continue??
Thanks
AFP
sideeque
02-05 09:58 PM
I tried it. They might wont ask new approval notice. You should show that and get the expiry date in I-94 as same as your latest I-797 Approval notice.
You don't need to stamp visa as its not expired.....
Have a nice trip to India.
You don't need to stamp visa as its not expired.....
Have a nice trip to India.
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immihelp123
03-31 09:04 PM
ztopia,
I changed my employer on EAD and did not go through the H1B route.
Thanks
I changed my employer on EAD and did not go through the H1B route.
Thanks
more...
tosca_travels
09-27 02:17 PM
I have an approved I-140 and my 3-year H1-B extension is currently being processed but not in premium and has not been approved yet.
I have decided to leave the job/country and want to know if there were any consequences of leaving without the approval (current I-94 has a July 2010 expiration date). I am still working and technically in status as it is in process but the approval could take a few more months. Should I push for premium? Any advice? I would hate to have any problems with getting future visas to the US, either tourist or getting back on an H1-B.
Many thanks!
I have decided to leave the job/country and want to know if there were any consequences of leaving without the approval (current I-94 has a July 2010 expiration date). I am still working and technically in status as it is in process but the approval could take a few more months. Should I push for premium? Any advice? I would hate to have any problems with getting future visas to the US, either tourist or getting back on an H1-B.
Many thanks!
aravindan_kv
02-01 11:13 AM
All ,
I am working for company "x" and having middle vendor "y"
and middle vendor has got me job and , working in the client location "z" of the middle vendor
I have signed non-compete agreement with middle vendor , that i should not join with client "z" (introduce by middle vendor) for 2 years after my termination.
The vendor "y" is not willing to work with my client "z"
and vendor "y" is saying to me i should not work with "z" because i have signed non-compete agreement.
Is it legal for my vendor "y" to say that i should not work with "z"
if they don't want to do business with "z"
I don;t know how to overcome this isssue.please guide me
I am working for company "x" and having middle vendor "y"
and middle vendor has got me job and , working in the client location "z" of the middle vendor
I have signed non-compete agreement with middle vendor , that i should not join with client "z" (introduce by middle vendor) for 2 years after my termination.
The vendor "y" is not willing to work with my client "z"
and vendor "y" is saying to me i should not work with "z" because i have signed non-compete agreement.
Is it legal for my vendor "y" to say that i should not work with "z"
if they don't want to do business with "z"
I don;t know how to overcome this isssue.please guide me
more...
ebizash
02-19 10:49 AM
As far as I know you did not engage in any unauthorized employment since your school's office issued you CPT (Pre-graduation equivalent of OPT issued by USCIS post-graduation). Most F-1 students engage in CPT related internships so you are fine there.
For 1099-Misc, I am not 100% sure but my gut feeling is that you should be fine as long as you paid your due taxes. I know a few people who got 1099-Misc while in F-1 status (read Amway guys) but their total amounts on 1099-Misc were more in the range of below $100 as opposed to a few 1000s as I would imagine yours is.
For 1099-Misc, I am not 100% sure but my gut feeling is that you should be fine as long as you paid your due taxes. I know a few people who got 1099-Misc while in F-1 status (read Amway guys) but their total amounts on 1099-Misc were more in the range of below $100 as opposed to a few 1000s as I would imagine yours is.
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GCNeophyte
07-02 08:53 AM
I heard USCIS already retrogressed and rejecting Jul filer? is it true. need urgent help :mad: :mad:
more...
Blog Feeds
12-18 09:50 AM
As a California immigration lawyer who files many asylum cases, I am used to thinking of a the United States as a place of refuge and to documenting the horrible country conditions of other countries. I have successfully represented applicants for asylum who feared staying in their countries because while serving in their countries' armies, they were harmed on account of their sexual orientation.
It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.
The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.
It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.
More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)
It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.
The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.
It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.
More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)
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a_to_z_gc
09-27 12:53 AM
I don't think you read his question- He/She wanted to know if the FP can be done in an American Consulate General in India if he gets his FP notice while he/she is in India.
Does anyone know of this situation and if any consulate in India can do the FP?
If you get your FP notice while in the US go to the ceter any day at 7.45 am before the center opens and request the staff to do the FP.They generaly oblige.I did it in Los Angeles.
Does anyone know of this situation and if any consulate in India can do the FP?
If you get your FP notice while in the US go to the ceter any day at 7.45 am before the center opens and request the staff to do the FP.They generaly oblige.I did it in Los Angeles.
more...
nychyd
01-05 06:01 PM
My H1B was filled 4 years back, with 20k less than what I am making now...so as long as i making whatever i filed in H1, I should be fine..right ?
Since you're on H1 that might be a problem as your W2 will reflect the lwage info . You can either take a leave of absence for a month or 2 (not more than that) If there's a query during H1 extension , you can let them know that you had taken a leave. Draft a leave letter and mail it to the employer so that he has it in records.
But if you use your EAD it doesnt matter. You dont have to worry about the 3months.
Since you're on H1 that might be a problem as your W2 will reflect the lwage info . You can either take a leave of absence for a month or 2 (not more than that) If there's a query during H1 extension , you can let them know that you had taken a leave. Draft a leave letter and mail it to the employer so that he has it in records.
But if you use your EAD it doesnt matter. You dont have to worry about the 3months.
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ajm
04-13 09:29 PM
What if the house democrats become so pissed off and block the vote in the house?
The House operates very differently from the Senate. If Republicans in the House are behind a bill the Democrats in that chamber are powerless to block it.
The House operates very differently from the Senate. If Republicans in the House are behind a bill the Democrats in that chamber are powerless to block it.
more...
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eilsoe
10-20 03:22 PM
Just think of it as 2 pictures, each seen thorugh a different eye... there's a left pic, and a right pic...
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voldemar
04-30 05:32 PM
Is letter from employee needed for filing I-485 for my spouse. I filed I-485 under EB3 last August and it's still pending. She takes my PD and my PD will be current in May. I have an old letter from my employer when filing my I-485 last August but was wondering if a new letter from employer is needed or the old one would do.
No, no need.
No, no need.
more...
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needhelp!
09-23 05:59 PM
Here is one of the comments below that article that makes sense too (claims to be from a congressional staffer):
As a congressional staffer, I'd say you should just call. Even if you address the letter to the LA, it will likely be passed off to an intern or an LC (legislative correspondent). Writing to constituents is not fun, and most offices have people that do it all day long.
More than likely, an intern will pick up. DO NOT just start rambling about whatever issue you want to gripe about. This signals the person who answered that you are crazy, and should not be speaking to a staff member. They are very busy, and no one is going to pass a crazy person off to their boss. The intern will know to either say "We'll pass that on for you" (which he will not), or say "I've made a note and I'll deliver it to the congressman" (again, he will not). Interns don't know anything, nor do they have the power to do anything.
Instead, simply say your full name and ask whoever is on the phone to speak with the LA who handles the issue about which you are concerned. Be calm, be stern. If you speak to the LA, don't just start off with "I have some opinions I'd like you to know; here they are!" Instead, ask questions! Ask what the congressman's positions are on the issues. Ask why. Explain your own position. Finally, ask if there is any other information the staffer might need.
You might be passed off to voice mail. Do NOT give your opinions here. Simply say that you have some concerns about a certain issue, and that you would like a call back.
Most offices have daily callers and letter writers who leave incoherent notes and messages about anything from UFOs to mexican truck drivers. Your goal should be to separate yourself from this crowd.
Do this, and be rational, and you just might make a difference.
As a congressional staffer, I'd say you should just call. Even if you address the letter to the LA, it will likely be passed off to an intern or an LC (legislative correspondent). Writing to constituents is not fun, and most offices have people that do it all day long.
More than likely, an intern will pick up. DO NOT just start rambling about whatever issue you want to gripe about. This signals the person who answered that you are crazy, and should not be speaking to a staff member. They are very busy, and no one is going to pass a crazy person off to their boss. The intern will know to either say "We'll pass that on for you" (which he will not), or say "I've made a note and I'll deliver it to the congressman" (again, he will not). Interns don't know anything, nor do they have the power to do anything.
Instead, simply say your full name and ask whoever is on the phone to speak with the LA who handles the issue about which you are concerned. Be calm, be stern. If you speak to the LA, don't just start off with "I have some opinions I'd like you to know; here they are!" Instead, ask questions! Ask what the congressman's positions are on the issues. Ask why. Explain your own position. Finally, ask if there is any other information the staffer might need.
You might be passed off to voice mail. Do NOT give your opinions here. Simply say that you have some concerns about a certain issue, and that you would like a call back.
Most offices have daily callers and letter writers who leave incoherent notes and messages about anything from UFOs to mexican truck drivers. Your goal should be to separate yourself from this crowd.
Do this, and be rational, and you just might make a difference.
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Maverick1
10-30 03:46 PM
OK.
Is there anyone who has the same status on AP and actually received the approval notice?
Thanks.
Same status for about a week. No letter yet 10/30.
Is there anyone who has the same status on AP and actually received the approval notice?
Thanks.
Same status for about a week. No letter yet 10/30.
more...
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Dolly20
10-25 09:53 PM
Hi!
My H1B was filed on April 1st 2007 at Vermont Service Center while i was in India and got selected in the lottery. I came to US on May 13th on H4 visa (I 94 valid till July 18, 2008) and still my papers were under process.
On June 1st, 2007 the approval notice was sent to my employer.
Oct 1st, 2007 they applied for my change of status and on 19th it was returned back as a check for 500$ was not included.
Kindly let me know if we could go for a H1B Transfer and change of status simultaneously with a new employer.
Within what time line i need to apply for the same.
Thanks,
SV
My H1B was filed on April 1st 2007 at Vermont Service Center while i was in India and got selected in the lottery. I came to US on May 13th on H4 visa (I 94 valid till July 18, 2008) and still my papers were under process.
On June 1st, 2007 the approval notice was sent to my employer.
Oct 1st, 2007 they applied for my change of status and on 19th it was returned back as a check for 500$ was not included.
Kindly let me know if we could go for a H1B Transfer and change of status simultaneously with a new employer.
Within what time line i need to apply for the same.
Thanks,
SV
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looneytunezez
11-02 12:19 PM
Thanks...but i agree with your paralegal friend.......there is no logic to it all.
logic and law are not usually on "friendly" terms....
i guess the argument is that one who hasn't filed, cannot be counted.... and you cannot file until you are current.... so no backlog exists .... so non-filers (due to PD) do not exist and hence there is no "official" classification for them i guess.
I know what looneytunezez says is logical, however, a friend of mine who is a paralegal in a big immigration law firm says otherwise (something similar to what blacktongue says) - don't know what to make of it, hence the post..
logic and law are not usually on "friendly" terms....
i guess the argument is that one who hasn't filed, cannot be counted.... and you cannot file until you are current.... so no backlog exists .... so non-filers (due to PD) do not exist and hence there is no "official" classification for them i guess.
I know what looneytunezez says is logical, however, a friend of mine who is a paralegal in a big immigration law firm says otherwise (something similar to what blacktongue says) - don't know what to make of it, hence the post..
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senk1s
09-14 01:50 PM
"The mission of Immigration Voice is to organize grassroots efforts and resources to solve several problems in the employment based green card process including (a) delays due to Retrogression (visa number unavailability for certain employment-based categories) (b) delays due to USCIS processing backlogs and (c) delays due to Labor Certification backlogs. We will work to remove these and other flaws by supporting changes to immigration law for high-skilled legal employment-based immigrants. High-skilled legal immigrants strengthen the United States' economy and help maintain American technological superiority"
Yes with the media attention, there is some stigma to H1 ... we are asking to
remove/reduce the long DELAYS
Good point prince
Yes with the media attention, there is some stigma to H1 ... we are asking to
remove/reduce the long DELAYS
Good point prince
americandesi
09-04 02:16 PM
To all fellow GC applicants and immigration gurus.I have this question to ask.I recently got my I-140 and applied I-485 (Aug 1 2007).
My employer is moving office to new address.How will it effect my future GC process ?. Thanks in advance
If the company is moving within the same county then no issues.
If it's moving to a different state (or) to a different county within the same state, then refer the following thread
http://immigrationvoice.org/forum/showpost.php?p=158508&postcount=7
Remember, the prevailing wage differs from county to county even within the same state.
My employer is moving office to new address.How will it effect my future GC process ?. Thanks in advance
If the company is moving within the same county then no issues.
If it's moving to a different state (or) to a different county within the same state, then refer the following thread
http://immigrationvoice.org/forum/showpost.php?p=158508&postcount=7
Remember, the prevailing wage differs from county to county even within the same state.
arti.jain
11-07 06:45 PM
I have very simple questions, but having searched the web for 9 hours haven't found a definte answer. Any help is really really appreciated...
My L1A and I-94 expires on 12/31/2009. Same is true for my wife and child. my company has not yet filed for extension yet.
My GC application 140+485 concurrently under EB1 was filed recently, mailed on 10/30/2009.
Question
1. I do not need to travel outside USA at this point, can my company file for normal processing extension and wait for result even when my i-94 would have already expired. Trying to save the additional $1000(*3 potentially,) for premium processing.
2. Does my company really need to file L1 extension now, or can wait till march/April for 140 approval/denial/RFE and file based on situation then? Note i am not eligible for i-140 premium processing so have to wait for 3-4 months.
3. Our Driving Licenses(CA) expires on December 31st,2009. Is there a way to get that extended because even if i file L1A extension, i may not be able to get the approval notice by the end of year. So DMV would not extend it. Can i get some letter from somewhere or just ask for I-94 extension without petition extension, which might happen quickly.
4. My wife has an EAD and it expired on 5th Nov 2009, since she is not working at this point (and out of laziness), we did not file for extension. Is she out of status or back to L2 status? Do we need to apply for COS.
Please help me resolve simple question.
My L1A and I-94 expires on 12/31/2009. Same is true for my wife and child. my company has not yet filed for extension yet.
My GC application 140+485 concurrently under EB1 was filed recently, mailed on 10/30/2009.
Question
1. I do not need to travel outside USA at this point, can my company file for normal processing extension and wait for result even when my i-94 would have already expired. Trying to save the additional $1000(*3 potentially,) for premium processing.
2. Does my company really need to file L1 extension now, or can wait till march/April for 140 approval/denial/RFE and file based on situation then? Note i am not eligible for i-140 premium processing so have to wait for 3-4 months.
3. Our Driving Licenses(CA) expires on December 31st,2009. Is there a way to get that extended because even if i file L1A extension, i may not be able to get the approval notice by the end of year. So DMV would not extend it. Can i get some letter from somewhere or just ask for I-94 extension without petition extension, which might happen quickly.
4. My wife has an EAD and it expired on 5th Nov 2009, since she is not working at this point (and out of laziness), we did not file for extension. Is she out of status or back to L2 status? Do we need to apply for COS.
Please help me resolve simple question.
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