vinabath
03-17 04:30 PM
1. your employer has to proffer you a position which has either BS+5 or advanced degree as minimum requirement.
2. you accept it and ask your employer to start the GC process.
3. your employer applies for Labor Certification for the proffered position.
4. your employer applies for 140 for the cleared labor. here the employer requests the USCIS to use the earlier PD of your approved EB3 140
2. you accept it and ask your employer to start the GC process.
3. your employer applies for Labor Certification for the proffered position.
4. your employer applies for 140 for the cleared labor. here the employer requests the USCIS to use the earlier PD of your approved EB3 140
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sprasad
07-26 02:43 PM
Hello
I came to us on h4 visa . after comming here i joined a university and applied for change of status to f1 and it is approved. I am planning a trip to india. do i need to go to indian consulate for f1 visa? if i have to go wat r the chances of rejecting f1 visa? if my f1 visa gets rejected can i come back on h4 visa? is my h4 visa valid? or do i need to apply for h4 visa again? and if i apply wat r the chances of approval ? please help me i am in a tough situation. please i need ur advise. thank u :)
I came to us on h4 visa . after comming here i joined a university and applied for change of status to f1 and it is approved. I am planning a trip to india. do i need to go to indian consulate for f1 visa? if i have to go wat r the chances of rejecting f1 visa? if my f1 visa gets rejected can i come back on h4 visa? is my h4 visa valid? or do i need to apply for h4 visa again? and if i apply wat r the chances of approval ? please help me i am in a tough situation. please i need ur advise. thank u :)
americandesi
09-15 02:06 PM
Big mistake. Yes, your lawful stay in US ends on 30-Sep-2007.
With the Visa from company A expiring on 30-Sep why did you travel without getting the H1 papers from company B in hand?
You should have done either of the following
1) Got H1 stamping from company B before entering US (or)
2) Entered US with company A’s VISA (before it’s expiry) and company B’s H1 approval notice, so that the officer could stamp the I-94 as per company B’s end date.
All that you can do now is to leave the country before Sep 30th and renter US with VISA stamping from company B.
With the Visa from company A expiring on 30-Sep why did you travel without getting the H1 papers from company B in hand?
You should have done either of the following
1) Got H1 stamping from company B before entering US (or)
2) Entered US with company A’s VISA (before it’s expiry) and company B’s H1 approval notice, so that the officer could stamp the I-94 as per company B’s end date.
All that you can do now is to leave the country before Sep 30th and renter US with VISA stamping from company B.
2011 When White was younger,
makemygc
07-26 11:16 AM
this is a little bit off topic, but does anyway know what are the requirements for practicing immigration law in the US? What kind of formal training and bar exam passing etc are needed?
With the extensive practice that USCIS has provided us, atleast in EB matters I think for most of us it will be a cakewalk. Having gone through the process ourselves we also understand how to treat the immigrant (frequent updates, clear answers, be accessible, provide all options and information) and some of us could make very good immi lawyers (once we get our EADs).
My friends recommending me that too. I should do law instead of doing MBA. Not a bad idea.;)
With the extensive practice that USCIS has provided us, atleast in EB matters I think for most of us it will be a cakewalk. Having gone through the process ourselves we also understand how to treat the immigrant (frequent updates, clear answers, be accessible, provide all options and information) and some of us could make very good immi lawyers (once we get our EADs).
My friends recommending me that too. I should do law instead of doing MBA. Not a bad idea.;)
more...
indo_obama
05-12 11:44 AM
Only making rules more worse and confusing.............:cool:
neeidd
11-12 06:51 PM
Please send an email to info at immigrationvoice.org with a proof for your continuing subscription for us to check the records and fix this.
Thanks for your reply, Pappu
Thanks for your reply, Pappu
more...
imhrb
01-06 04:01 PM
Like many others we have been waiting for our AOS application to be approved for over 2 years. But the strange thing is, I did get an EAD approved but they never called me in for fingerprinting and Biometrics. I know I had to do the non-immigration "registration" that was initiated a few years ago and they had taken my fingerprints and biometrics, is that why they didn't call me in again? since they already have it?
2010 Shining Star– Betty White: A
factoryman
06-30 02:43 PM
250 words in the body of the thread. It can't be one liners.
That will explain why and what A thread is for. Otherwise, members will be scatching their heads and will show no further interest.
Guys,
since many of us are experts in analyzing data, leets start coming up with qualifiable impacts that can help people respond quickly to ALIF's potential lawsuit
That will explain why and what A thread is for. Otherwise, members will be scatching their heads and will show no further interest.
Guys,
since many of us are experts in analyzing data, leets start coming up with qualifiable impacts that can help people respond quickly to ALIF's potential lawsuit
more...
eb3India
08-22 09:38 AM
I have been following IV ever since itz inception and I really appreciate all the efforts by volunters.
However, I feel we have up-hill battle in this current political and economical situation and we need to re-think about startergies and solving current retrogession.
I just want initiate brainstorm, I am not sure if these ideas are discussed before,
Having seen how CIR bill is killed in House, I am very doubtfull about SKILL bill getting passed in house.
getting any pro-immigration (legal/illegal) is a long processes, so can we need to focus on what we can do to reduce the retrogression within current legal framework
like
lobby senators to enforce USICS on following
- Reduce time taken for Security Checks
- Try to consider 245i cases in a different catagory than EB3
- Try recapture unused visa numbers from 2003-04-05
- issue EAD/AP for three years
- remvoe per country quota
- allow to apply for I485 if I140 is approved, ( I know this is controvesial but we can try)
These simple things could reduce retrogression if not completly resolved
However, I feel we have up-hill battle in this current political and economical situation and we need to re-think about startergies and solving current retrogession.
I just want initiate brainstorm, I am not sure if these ideas are discussed before,
Having seen how CIR bill is killed in House, I am very doubtfull about SKILL bill getting passed in house.
getting any pro-immigration (legal/illegal) is a long processes, so can we need to focus on what we can do to reduce the retrogression within current legal framework
like
lobby senators to enforce USICS on following
- Reduce time taken for Security Checks
- Try to consider 245i cases in a different catagory than EB3
- Try recapture unused visa numbers from 2003-04-05
- issue EAD/AP for three years
- remvoe per country quota
- allow to apply for I485 if I140 is approved, ( I know this is controvesial but we can try)
These simple things could reduce retrogression if not completly resolved
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immilaw
09-13 01:08 PM
Starting April 1st, only two Service Center are responsible for all the I-140's, Nebraska & Texas. All I-140's are filed with Nebraska Service Center. Nebraska keeps some of the petitoins and transfers the others to Texas. The ones that NSC keeps has a receipt number starting with LIN whereas the ones that are transfered to TX has the receipt number starting with SRC. So even though the petition might be filed with NSC, chances are it might be approved sonner if it goes to TXSC. Nebraska is taking 4-5 months to approve a petition whereas TX approves it in 15-25 days.
more...
humsuplou
03-09 07:07 PM
Anyone who has succefully self filed for an Advanced Parole who can help me on this question?
What is the answer you put to answer the question:
"On a seperate sheet of papaer, please explain how you qualify for an advance parole and what circumstansces warrant issuance of advance parole. include copies of any documents you wish considered. "
Thank you.
What is the answer you put to answer the question:
"On a seperate sheet of papaer, please explain how you qualify for an advance parole and what circumstansces warrant issuance of advance parole. include copies of any documents you wish considered. "
Thank you.
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WAIT_FOR_EVER_GC
12-05 03:51 PM
Sure...
Green card is for future employment. When the company files your labor it mentions and shows that it can support the wages for that position.
Example
If the wages mentioned in the labor is 80K and you are getting paid 70K then the IO might want to see if the company is making 10K in profit so that they can pay you 80K.
So if your current employer is making a profit => your prevailing wage then
you are good.
This is what my lawyer told me...you talk to yours
Green card is for future employment. When the company files your labor it mentions and shows that it can support the wages for that position.
Example
If the wages mentioned in the labor is 80K and you are getting paid 70K then the IO might want to see if the company is making 10K in profit so that they can pay you 80K.
So if your current employer is making a profit => your prevailing wage then
you are good.
This is what my lawyer told me...you talk to yours
more...
house Betty White: Agent Would
raysaikat
07-31 07:21 PM
Hello all,
I am currently on H1B visa working for an IT company. I have got an admit for this Fall to do my MS and I was planning to study using my EAD. Now there seems to be some risk in using my EAD and so I want to apply for F1. I have applied for I-485 (Adjustment of status) along with my husband's green card application.
My question is:
1: Is it a problem to apply for F1 if my I-485 is pending approval ? The reason I ask is, F1 is a Non Immigrant visa and I-485 is for a green card (which is Immigrant visa).
2: Would my F1 application cause my 485 to be denied or vice versa ?
Thanks in advance
Your F-1 will probably be denied since you have expressed intent to immigrate by filing I-485. What's the problem with using EAD (assuming that you are the dependent)?
I am currently on H1B visa working for an IT company. I have got an admit for this Fall to do my MS and I was planning to study using my EAD. Now there seems to be some risk in using my EAD and so I want to apply for F1. I have applied for I-485 (Adjustment of status) along with my husband's green card application.
My question is:
1: Is it a problem to apply for F1 if my I-485 is pending approval ? The reason I ask is, F1 is a Non Immigrant visa and I-485 is for a green card (which is Immigrant visa).
2: Would my F1 application cause my 485 to be denied or vice versa ?
Thanks in advance
Your F-1 will probably be denied since you have expressed intent to immigrate by filing I-485. What's the problem with using EAD (assuming that you are the dependent)?
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fasterthanlight�
05-14 03:08 AM
Bahahah, I like it, but the "c" could be a little more pronounced.
more...
pictures She was a popular pin-up at
smgms
03-08 10:21 PM
I would say best bet would be Matamoros. Pls check out this website
consulartripservices.com
consulartripservices.com
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rafraf
07-27 08:24 PM
Sorry for this long post. I just have to let it out...
I had my H1B visa approved and I talked to my employer on the phone this afternoon. I admit I did not do well in the interview I had with him last April 18, my visa was filed on March 31..... meaning he hired me first and interviewed me when my visa was already filed. I also have to fly from NJ to LA to meet him at my expense. It was then that I learned that the company doesn't have any permanent employee and no official office. There are only 2people who are doing everthing, he as the president and his partner. All those working for them are all subcontractors. The last time we had our conversation after that interview, he said that he was willing to offer me another position but with a lower salary which he repeated in his email yesterday when I told him about the news that my visa was approved. He suggested we talk on the phone to discuss.
So when I called him today, he said that I was not able to clearly understand what he said in the email that I am not capable of handling the job and that he has no job to offer me because he knows that I will not succeed. He even asked me if I am willing to work and be fired after.
We had an argument over the phone and I asked him what I will do with my visa. I admitted to him that the job that he is offering me is not really my forte and if only I was provided with my job description before I signed the attorney's retainer's contract, I have turned off the job offer since there is still another company who is willing to sponsor me. He have not given me any clear description of what the job will be. He also told me that I misrepresented myself.. That I included in my resume things that I didn't really do that I did not even do any programming at all --- something that really hurts me --- being an analyst/programmer back in my country since I graduated college. Then he keep on telling me that I have wasted my time already and if he would hire me, I will surely lost more because I would eventually get fired.
I said to him, how did he know that I will not be successful if he would not give me a chance. He said he just know. (what is he GOD?). I said to him its unfair.
The job position is Electronic Security Engineer. I am in Systems analysis and Application development.
I shouldered all my expenses in my Visa processing -- which is more or less $4,000 including my air ticket back and forth at the same day from NJ to LA which is approximately 10 hours flight (5 hours each way).
Can you give me an advice. I just couldn't let it just pass away. I felt I was humiliated and was treated unfairly.
Thanks for your advice.
I had my H1B visa approved and I talked to my employer on the phone this afternoon. I admit I did not do well in the interview I had with him last April 18, my visa was filed on March 31..... meaning he hired me first and interviewed me when my visa was already filed. I also have to fly from NJ to LA to meet him at my expense. It was then that I learned that the company doesn't have any permanent employee and no official office. There are only 2people who are doing everthing, he as the president and his partner. All those working for them are all subcontractors. The last time we had our conversation after that interview, he said that he was willing to offer me another position but with a lower salary which he repeated in his email yesterday when I told him about the news that my visa was approved. He suggested we talk on the phone to discuss.
So when I called him today, he said that I was not able to clearly understand what he said in the email that I am not capable of handling the job and that he has no job to offer me because he knows that I will not succeed. He even asked me if I am willing to work and be fired after.
We had an argument over the phone and I asked him what I will do with my visa. I admitted to him that the job that he is offering me is not really my forte and if only I was provided with my job description before I signed the attorney's retainer's contract, I have turned off the job offer since there is still another company who is willing to sponsor me. He have not given me any clear description of what the job will be. He also told me that I misrepresented myself.. That I included in my resume things that I didn't really do that I did not even do any programming at all --- something that really hurts me --- being an analyst/programmer back in my country since I graduated college. Then he keep on telling me that I have wasted my time already and if he would hire me, I will surely lost more because I would eventually get fired.
I said to him, how did he know that I will not be successful if he would not give me a chance. He said he just know. (what is he GOD?). I said to him its unfair.
The job position is Electronic Security Engineer. I am in Systems analysis and Application development.
I shouldered all my expenses in my Visa processing -- which is more or less $4,000 including my air ticket back and forth at the same day from NJ to LA which is approximately 10 hours flight (5 hours each way).
Can you give me an advice. I just couldn't let it just pass away. I felt I was humiliated and was treated unfairly.
Thanks for your advice.
more...
makeup Who#39;da thunk there would be a side of Betty White that wasn#39;t safe for work?
Blog Feeds
04-26 11:30 AM
For the second time, a federal judge has declared a Farmers Branch ordinance banning illegal immigrants from renting in the city to be unconstitutional. Here are excerpts from a Dallas Morning News (http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/DN-FBsuit_25met.ART.Central.Edition1.4c77c2c.html) article reporting this decision:
U.S. District Judge Jane Boyle of Dallas ruled Wednesday that the ordinance was an attempt to enforce U.S. immigration laws – something the judge said only the federal government can do.
The judge also issued a permanent injunction to stop Farmers Branch from enforcing Ordinance 2952.
Mayor Tim O'Hare, the driving force behind the ordinances, said he wants to appeal.
"The American people are tired of judges legislating from the bench," he said. "This decision is not unexpected but welcomed, because it allows us to get closer to this ordinance becoming reality."
But O'Hare said the City Council would have to vote on whether to continue a fight that has cost the city nearly $3.2 million since September 2006. And the city may need to spend an additional $623,000 in legal fees in the year ahead, city finance director Charles Cox said Wednesday.
About one-quarter of the estimated 30,000 people who live in Farmers Branch were born outside the United States. About 47 percent of the city's population is Hispanic.
In the past four years, the city has proposed a series of ordinances that would make it illegal for landlords to rent to illegal immigrants. A version approved by the council in 2006 was repealed in early 2007 to make way for another ordinance.
That ordinance, No. 2903, was approved by two-thirds of voters in 2007 but later declared unconstitutional by U.S. District Judge Sam Lindsay. The city abandoned an appeal of that ordinance in favor of Ordinance 2952. No. 2952 added all rental units, including houses, to the ban on renting to illegal immigrants.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/tzioDil0POU/)
U.S. District Judge Jane Boyle of Dallas ruled Wednesday that the ordinance was an attempt to enforce U.S. immigration laws – something the judge said only the federal government can do.
The judge also issued a permanent injunction to stop Farmers Branch from enforcing Ordinance 2952.
Mayor Tim O'Hare, the driving force behind the ordinances, said he wants to appeal.
"The American people are tired of judges legislating from the bench," he said. "This decision is not unexpected but welcomed, because it allows us to get closer to this ordinance becoming reality."
But O'Hare said the City Council would have to vote on whether to continue a fight that has cost the city nearly $3.2 million since September 2006. And the city may need to spend an additional $623,000 in legal fees in the year ahead, city finance director Charles Cox said Wednesday.
About one-quarter of the estimated 30,000 people who live in Farmers Branch were born outside the United States. About 47 percent of the city's population is Hispanic.
In the past four years, the city has proposed a series of ordinances that would make it illegal for landlords to rent to illegal immigrants. A version approved by the council in 2006 was repealed in early 2007 to make way for another ordinance.
That ordinance, No. 2903, was approved by two-thirds of voters in 2007 but later declared unconstitutional by U.S. District Judge Sam Lindsay. The city abandoned an appeal of that ordinance in favor of Ordinance 2952. No. 2952 added all rental units, including houses, to the ban on renting to illegal immigrants.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/tzioDil0POU/)
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frostrated
06-21 01:48 PM
Thank you frostrated for your reply!
I have valid H-1 visa to re-enter US. My visa is valid till Dec 2011. I already got that stamped when i went to india last year.
So I shouldn't run into any problems at the port of entry, even if my AP gets approved while I am out of the country, right? Thanks so much for taking time to answer.
yeah, you should have no problems. Take a copy of your I-485 papers with you too. But do not show unless they ask. You will exit and re-enter in H1 status.
I have valid H-1 visa to re-enter US. My visa is valid till Dec 2011. I already got that stamped when i went to india last year.
So I shouldn't run into any problems at the port of entry, even if my AP gets approved while I am out of the country, right? Thanks so much for taking time to answer.
yeah, you should have no problems. Take a copy of your I-485 papers with you too. But do not show unless they ask. You will exit and re-enter in H1 status.
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go2roomshare
02-01 01:04 PM
why this thread is still active? should be closed
ameryki
03-23 08:48 PM
Hi,
I have a pretty simple question.
A person decides to change employers, moving from company A to company B. It's been 180 days after 485 filing.
Question: what does company B have to do to legally take this person on as full time employee? Is the process any different than taking any other american resident employee? The way I understand is it is not any different.
Please advise,
Thanks,
Vlad
If you are looking to use your EAD then I believe their is a form that you fill in with your employer and off you go. Informing USCIS or not will be your choice read around in this forum to find different opinions and more info on AC21.
I have a pretty simple question.
A person decides to change employers, moving from company A to company B. It's been 180 days after 485 filing.
Question: what does company B have to do to legally take this person on as full time employee? Is the process any different than taking any other american resident employee? The way I understand is it is not any different.
Please advise,
Thanks,
Vlad
If you are looking to use your EAD then I believe their is a form that you fill in with your employer and off you go. Informing USCIS or not will be your choice read around in this forum to find different opinions and more info on AC21.
nirenjoshi
03-16 10:12 AM
I'd like to see expert/legal opinion, but from my limited understanding -
if you continue to maintain the same address, work at the same company, the official looking at your I-485 application would have no reason to assume anything had changed.
And so you should get your application approved when your PD is current.
However, in case the officer decides to verify, he could send a RFE for Employment Verification Letter. At that time, it could potentially cause problems.. Will your company send a letter that yes you are still working there and performing the same duties as mentioned in your application? Or will they mention that your job profile has changed?
These questions are moot if you dont get a RFE and I would think chances of RFE are low if you dont change your address.
Others, please chime in...
if you continue to maintain the same address, work at the same company, the official looking at your I-485 application would have no reason to assume anything had changed.
And so you should get your application approved when your PD is current.
However, in case the officer decides to verify, he could send a RFE for Employment Verification Letter. At that time, it could potentially cause problems.. Will your company send a letter that yes you are still working there and performing the same duties as mentioned in your application? Or will they mention that your job profile has changed?
These questions are moot if you dont get a RFE and I would think chances of RFE are low if you dont change your address.
Others, please chime in...
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