rbashir
02-15 08:23 PM
Hi Guys,
As always thanks for all of your help who are out there and lending a hand to each other in this immigration mess.
After denial of I-140 (EB3) in November of 2007 in response to my A2P RFE, I filled for appeal in December 2007. Now my case is in appeal with AAO. My H1b is expiring in June 2008. I am hoping to get an extension based on my pending appeal.
In the meantime, another company has offered me a job and agreed to file the labor of my behalf. In the current situation of mine, where appeal is pending, which will take a long time for the final decision, my lawyer suggested to file the new labor through that company and this time under EB2 catagory. I dont have masters degree but I have BS computer science and now more than 5 years of US experience. He suggested EB2 since for my home country EB2 is always current.
I just want to get an opinion for all of you about this situation of mine, and filing labor under Eb2 cat under PERM. The position in the new company is Senior Security Analyst and requires Masters degree or 5 years of experience.
Also , what is the process of getting extension on H1b while appeal is pending and how early should I file the extension before June 2008.
I did post another thread related to the last issue regarding the H1 extension here
http://immigrationvoice.org/forum/showthread.php?t=17377
I apologize for this, I should have remove that one but am unable to find the delete option
Thanks in Advance
RB
As always thanks for all of your help who are out there and lending a hand to each other in this immigration mess.
After denial of I-140 (EB3) in November of 2007 in response to my A2P RFE, I filled for appeal in December 2007. Now my case is in appeal with AAO. My H1b is expiring in June 2008. I am hoping to get an extension based on my pending appeal.
In the meantime, another company has offered me a job and agreed to file the labor of my behalf. In the current situation of mine, where appeal is pending, which will take a long time for the final decision, my lawyer suggested to file the new labor through that company and this time under EB2 catagory. I dont have masters degree but I have BS computer science and now more than 5 years of US experience. He suggested EB2 since for my home country EB2 is always current.
I just want to get an opinion for all of you about this situation of mine, and filing labor under Eb2 cat under PERM. The position in the new company is Senior Security Analyst and requires Masters degree or 5 years of experience.
Also , what is the process of getting extension on H1b while appeal is pending and how early should I file the extension before June 2008.
I did post another thread related to the last issue regarding the H1 extension here
http://immigrationvoice.org/forum/showthread.php?t=17377
I apologize for this, I should have remove that one but am unable to find the delete option
Thanks in Advance
RB
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st4rguitar
04-06 01:53 PM
In my employer company (NJ based, desi consulting company) about 50% of the EB-2 PERM applications are under audit.
I need to file my application for EB-2 and I called them. (I have a EB-3 approved labor, on which my employer has filed I-140)
The paralegal advised me that they have stopped filing PERM applications since this month March 2008, hoping that there would be change of PERM processing or application change.
Does any one have any info about PERM change process? Please advise. Thanks in advance.
The DOL was supposed to issue new forms, since the current ones were said to expire in 3/2008. However, they have not issued new forms yet, and on their website it states that the current ones continue to be valid. Their site was down for maintenance around the end of March, however, so perhaps that's what the paralegal was referring to?
I need to file my application for EB-2 and I called them. (I have a EB-3 approved labor, on which my employer has filed I-140)
The paralegal advised me that they have stopped filing PERM applications since this month March 2008, hoping that there would be change of PERM processing or application change.
Does any one have any info about PERM change process? Please advise. Thanks in advance.
The DOL was supposed to issue new forms, since the current ones were said to expire in 3/2008. However, they have not issued new forms yet, and on their website it states that the current ones continue to be valid. Their site was down for maintenance around the end of March, however, so perhaps that's what the paralegal was referring to?
InTheMoment
09-09 02:30 PM
Now is this for a RFE where a notarized copy is specifically asked ?
My dad just scanned my BC and e-mailed it and I took a print out of that and sent it for the I-485. (No RFE)
Why do you need the originals ? There is no requirement to get it notarized as well.
My dad just scanned my BC and e-mailed it and I took a print out of that and sent it for the I-485. (No RFE)
Why do you need the originals ? There is no requirement to get it notarized as well.
2011 The Grammy#39;s 2011: The
Blog Feeds
03-11 10:50 AM
U.S. Citizenship and Immigration Services (USCIS) announced today that it will begin accepting H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html) subject to the fiscal year (FY) 2011 cap on April 1, 2010. Cases will be considered accepted on the date that USCIS takes possession of a properly filed petition with the correct fee; not the date that the petition is postmarked.
The fiscal year cap (numerical limitation on H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html)) for FY 2011 is 65,000. Additionally, the first 20,000 H-1B petitions filed on behalf of individuals who have earned a U.S. master�s degree or higher are exempt from the H-1B cap.
USCIS will monitor the number of petitions received and will notify the public of the date on which USCIS received the necessary number of petitions to meet the H-1B cap. If needed, USCIS will randomly select the number of petitions required to reach the numerical limit from the petitions received on the final receipt date. USCIS will reject cap-subject petitions that are not selected, as well as those received after the final receipt date.
We recommend employers to hurry up and get all the necessary documents in order to meet the April 1, 2010 deadline.
Read the Press Release here.... (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5b29dd1d5fd37210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
More... (http://www.visalawyerblog.com/2010/03/uscis_to_accept_h1b_petitions.html)
The fiscal year cap (numerical limitation on H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html)) for FY 2011 is 65,000. Additionally, the first 20,000 H-1B petitions filed on behalf of individuals who have earned a U.S. master�s degree or higher are exempt from the H-1B cap.
USCIS will monitor the number of petitions received and will notify the public of the date on which USCIS received the necessary number of petitions to meet the H-1B cap. If needed, USCIS will randomly select the number of petitions required to reach the numerical limit from the petitions received on the final receipt date. USCIS will reject cap-subject petitions that are not selected, as well as those received after the final receipt date.
We recommend employers to hurry up and get all the necessary documents in order to meet the April 1, 2010 deadline.
Read the Press Release here.... (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5b29dd1d5fd37210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
More... (http://www.visalawyerblog.com/2010/03/uscis_to_accept_h1b_petitions.html)
more...
looivy
12-22 12:45 PM
could this be true?
Repubs are the only one from whom we can expect support for legals.
Dems didn't do sh%$ in first two years when they had majority in all chambers and now they are trying to make repubs look bad.
Repubs are the only one from whom we can expect support for legals.
Dems didn't do sh%$ in first two years when they had majority in all chambers and now they are trying to make repubs look bad.
nda050325
03-16 09:39 PM
fromnaija and FinalGC
Thank you very much for your replies.
Thank you very much for your replies.
more...
senthil1
06-02 09:07 PM
Every week 100 to 200 new H1b applications were submited. If it goes in this rate H1b quota will last whole year. It is a good development,
As of May 29, 2009, approximately 45,800 H-1B cap-subject (http://www.h1b.biz/lawyer-attorney-1137085.html)petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
Since it is probable that there will still be H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) numbers available after June 30, U.S. employers should submit H-1B petitions for potential workers as soon as possible.
More... (http://www.visalawyerblog.com/2009/06/h1b_visa_lawyer_cap_update_jun.html)
As of May 29, 2009, approximately 45,800 H-1B cap-subject (http://www.h1b.biz/lawyer-attorney-1137085.html)petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
Since it is probable that there will still be H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) numbers available after June 30, U.S. employers should submit H-1B petitions for potential workers as soon as possible.
More... (http://www.visalawyerblog.com/2009/06/h1b_visa_lawyer_cap_update_jun.html)
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ps57002
07-31 01:25 PM
Hi,
Just returned from traveling abroad. I am hoping my PERM approval from atlanta comes through somehow in time for me to be eligible to apply for I485/140....I am supposed to travel again out of country on Aug 17 to end of august (this is all to help me recoup/extend my h1b for 365 days of LC pending to be eligible for H1B extension)...i know traveling right after filing I485 is questionable..my lawyer (i think i trust him) says it's ok.
My question is regarding the I-94 card. I have the 3 yr extension approval on my original H1B that I carry every time I travel. I was told this is most important doc as it has my number or something to track my travel.
Usually when I am coming back, the INS officer will check it and cross of the already printed I-94 number and copy another number from my approval/extension notice on to it....usually...i think this is done.
This time when I returned yesterday, the INS officer did not do that. I know she looked at my visa stamp in passport that has same numbers and she updated her comp/system whatever, but no number change on the actual I-94 card was noted. So it has the original printed I-94 number.
My question..is this a problem. I gently tried asking her if she needed to note/change number on my I-94 and she rudely said "no". So i shushed up not knowing much about this. She didn't even look at it saying once I have stamp, I have no need for that approval notice...i was told otherwise before by another INS officer when traveling while back.
Also when I do travel on Aug 17, and hand in that I-94 card...how will they track that it's ME leaving since it has none of my H1B approval number on it. I need them to know I left the country so I can recoup the time...
i'm confused..please help and tell me if I'm ok or need to do something...
Just returned from traveling abroad. I am hoping my PERM approval from atlanta comes through somehow in time for me to be eligible to apply for I485/140....I am supposed to travel again out of country on Aug 17 to end of august (this is all to help me recoup/extend my h1b for 365 days of LC pending to be eligible for H1B extension)...i know traveling right after filing I485 is questionable..my lawyer (i think i trust him) says it's ok.
My question is regarding the I-94 card. I have the 3 yr extension approval on my original H1B that I carry every time I travel. I was told this is most important doc as it has my number or something to track my travel.
Usually when I am coming back, the INS officer will check it and cross of the already printed I-94 number and copy another number from my approval/extension notice on to it....usually...i think this is done.
This time when I returned yesterday, the INS officer did not do that. I know she looked at my visa stamp in passport that has same numbers and she updated her comp/system whatever, but no number change on the actual I-94 card was noted. So it has the original printed I-94 number.
My question..is this a problem. I gently tried asking her if she needed to note/change number on my I-94 and she rudely said "no". So i shushed up not knowing much about this. She didn't even look at it saying once I have stamp, I have no need for that approval notice...i was told otherwise before by another INS officer when traveling while back.
Also when I do travel on Aug 17, and hand in that I-94 card...how will they track that it's ME leaving since it has none of my H1B approval number on it. I need them to know I left the country so I can recoup the time...
i'm confused..please help and tell me if I'm ok or need to do something...
more...
ajithkumar
05-05 01:23 AM
Hi
i was working with employer A (h1b tenure 2006---september 30 2009)...I applied for my extension and also transfer of h1b to company B..got h1b extension sucessfully from 09-2009 to 08/2012...
both the companies A and B are operated by same person..
I went for H1B stamping in november 2009 at Canada ottawa...in the mean time my employer has same adress for company A and company B..My employer has provided me a letter stating that company B has merged with company A so they have same address
The visa officer has found out that they share the same adress and questioned me what is the point of H1B transfer when they share the same adress and both the companies are merged and he refused my h1b visa..
My employer sugessted me to attend again the interview at the newdelhi consulate ..he has provided me the business license ,office land purchase documents and companies merging document...which i have submited to newdelhi consulate..
after 3 months the new delhi consulate sends me a visa denial letter
stating that
we are not able to issue you a visa because:
your petitioner doesnot either be able to provide qualified employment in USA
I129 petition filed on your behlaf has been submitted to USCIS...
My original I797 was returned to me at the time of interview
my question:
Can I apply for a H1B transfer and attend interview again for stamping as I have original I 797???
WHAT OTHER OPTION DO I HAVE...
Please let me know
i was working with employer A (h1b tenure 2006---september 30 2009)...I applied for my extension and also transfer of h1b to company B..got h1b extension sucessfully from 09-2009 to 08/2012...
both the companies A and B are operated by same person..
I went for H1B stamping in november 2009 at Canada ottawa...in the mean time my employer has same adress for company A and company B..My employer has provided me a letter stating that company B has merged with company A so they have same address
The visa officer has found out that they share the same adress and questioned me what is the point of H1B transfer when they share the same adress and both the companies are merged and he refused my h1b visa..
My employer sugessted me to attend again the interview at the newdelhi consulate ..he has provided me the business license ,office land purchase documents and companies merging document...which i have submited to newdelhi consulate..
after 3 months the new delhi consulate sends me a visa denial letter
stating that
we are not able to issue you a visa because:
your petitioner doesnot either be able to provide qualified employment in USA
I129 petition filed on your behlaf has been submitted to USCIS...
My original I797 was returned to me at the time of interview
my question:
Can I apply for a H1B transfer and attend interview again for stamping as I have original I 797???
WHAT OTHER OPTION DO I HAVE...
Please let me know
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sairam
03-17 03:08 AM
Education evaluation is just equating your qualification with American qualification. Just telling your bachelor degree is equivalent to BS here. Once equal...always equal. So it doesn't expire.
more...
mnkaushik
02-09 03:36 PM
My Lawyer said the same thing. If you say the minimum requirement for a particular job is Bachelors + 5years of exp then every person hired for that position in the past should have Bachelors + 5yrs of exp.
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pune_guy
10-25 01:21 PM
Hi,
I was told by the staff at the center, where I did my FP, that one can do FP at any location in US. Just go to any nearest location at the same time and date as mentioned in the notice.
I did the same. My FP appointment was in Oakland but I went to San Jose office. I had gone to the San Jose office a day before to find out if I can go there for FP and that is when they told me this.
I suggest you ask your wife to go the local office a few days before her appointment and find out if she can go there for her FP appointment.
I was told by the staff at the center, where I did my FP, that one can do FP at any location in US. Just go to any nearest location at the same time and date as mentioned in the notice.
I did the same. My FP appointment was in Oakland but I went to San Jose office. I had gone to the San Jose office a day before to find out if I can go there for FP and that is when they told me this.
I suggest you ask your wife to go the local office a few days before her appointment and find out if she can go there for her FP appointment.
more...
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miyp
06-12 11:38 AM
I am going to file application for renewal of EAD of my spouse.She was on H-4 when she came to USA and she got EAD last year. She will start working from Aug 08. She has not used her EAD till now but went to India on AP.
1.What is manner of last entry and the current immigration status for her? Is it Parolee or H4 status in both cases?
2.I have filed I-485 after July 2007. Can I E-file? As I read somewhere on forum that On or after July 30, 2007, applications may not be electronically filed and must be submitted to a Service Center via regular mail or courier service.
Thank you.
1.What is manner of last entry and the current immigration status for her? Is it Parolee or H4 status in both cases?
2.I have filed I-485 after July 2007. Can I E-file? As I read somewhere on forum that On or after July 30, 2007, applications may not be electronically filed and must be submitted to a Service Center via regular mail or courier service.
Thank you.
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furiouspride
08-12 08:57 AM
Why would anyone pay $2 for this? :D
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chanduv23
04-13 02:00 PM
Hello,
My wife and I both work for the same company and my PD date is 1 year behind my wifes. But she was born in Germany though she is currently an Indian citizen. Now that the ROW category has moved passed her PD's date (Nov 6th 2002), we plan to file under the ROW category using the Cross Chargability rules. Does anybody have any experience filing under this rule? We have her birth certificate (translated into English from German etc) and our lawyers will send us the list of documents i expect. So basically i am trying to find out what to expect when filing under this category. Are there any caveats, good to knows etc?
PS- I am also an Indian citizen but i will obviously piggy back on her application since my PD is not current.
I know for sure, that you can go ahead and file as your wife's country of birth is Germany. About other things,, contact a good attorney. Best wishes and congratulations
My wife and I both work for the same company and my PD date is 1 year behind my wifes. But she was born in Germany though she is currently an Indian citizen. Now that the ROW category has moved passed her PD's date (Nov 6th 2002), we plan to file under the ROW category using the Cross Chargability rules. Does anybody have any experience filing under this rule? We have her birth certificate (translated into English from German etc) and our lawyers will send us the list of documents i expect. So basically i am trying to find out what to expect when filing under this category. Are there any caveats, good to knows etc?
PS- I am also an Indian citizen but i will obviously piggy back on her application since my PD is not current.
I know for sure, that you can go ahead and file as your wife's country of birth is Germany. About other things,, contact a good attorney. Best wishes and congratulations
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ajay
11-30 10:03 PM
Why don't you go and get the visa stamped in chennai consulate or wherever it is applicable to you.
If you have an AP you don't have to worry about anything since you can use it when you come back.
If you have an AP you don't have to worry about anything since you can use it when you come back.
more...
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gawadejyoti
05-28 07:17 PM
I am on L1 B visa . I got visa for 3 years. I am working in usa. my I-94 expiration date is september 2009.
My home country is India. can i Go back to india and apply for L1 B again. or can i just cross the border and come back in usa (so that my i-94 get extended).
thanks in advance
My home country is India. can i Go back to india and apply for L1 B again. or can i just cross the border and come back in usa (so that my i-94 get extended).
thanks in advance
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prabasiodia
08-14 07:49 PM
Call National Customer Service Center at 1-800-375-5283
Press 1 for English
Press 2 for bypassing introduction
Press 2 for checking status etc.
Press 6 for checking status etc.
Press 1 for having receipt number
Now enter your receipt number:
press 1 to confirm receipt number
Now listen to the case update info, somewhere in the middle of blah-blah
press 3 to report a problem with your case
press 4 for filed several related applications and have received the information on some but not all
(now if you listen a male voice prompting you to hold the call that means the call is going to IOs desk, if it says no IO is available, it will redirect it to NSC, you can hang up and try the next morning)
Press 1 for English
Press 2 for bypassing introduction
Press 2 for checking status etc.
Press 6 for checking status etc.
Press 1 for having receipt number
Now enter your receipt number:
press 1 to confirm receipt number
Now listen to the case update info, somewhere in the middle of blah-blah
press 3 to report a problem with your case
press 4 for filed several related applications and have received the information on some but not all
(now if you listen a male voice prompting you to hold the call that means the call is going to IOs desk, if it says no IO is available, it will redirect it to NSC, you can hang up and try the next morning)
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vnsriv
03-25 02:18 PM
Please search the forum. There are a number of similar threads. Keep searching USCIS site for a further update. Relax , pray and dream
https://egov.uscis.gov/cris/caseStatusSearchDisplay.do;jsessionid=bacIwZicgcUB c-Vja4Apr
https://egov.uscis.gov/cris/caseStatusSearchDisplay.do;jsessionid=bacIwZicgcUB c-Vja4Apr
gc28262
07-19 12:43 PM
thanks for the quick response,
Th I-140 is not revoked yet, but the original company that filed it is going to split in to 2 separate companies by the end of the year and I think I-140 will become invalid after that right if the original company doesnt exist anymore??
You can still claim the PD of your old I-140. Once an I-140 is approved PD is yours to keep for life.
Please see a note by Ron Gotcher below.
ImmInfo Newsletter: The effect of an employer withdrawal of an I-140 (http://imminfo.com/News/Newsletter/2010-07/employer-withdrawal-of-I-140.html)
Th I-140 is not revoked yet, but the original company that filed it is going to split in to 2 separate companies by the end of the year and I think I-140 will become invalid after that right if the original company doesnt exist anymore??
You can still claim the PD of your old I-140. Once an I-140 is approved PD is yours to keep for life.
Please see a note by Ron Gotcher below.
ImmInfo Newsletter: The effect of an employer withdrawal of an I-140 (http://imminfo.com/News/Newsletter/2010-07/employer-withdrawal-of-I-140.html)
wandmaker
01-25 04:36 PM
Query on behalf of a friend -
What are the timelines for I-539 Change of Status for H1 to H4?
Is premium processing option available for the this change of status?
Friend worked till last week of pregnancy (clean H1 history before). Her 12 weeks of maternity leave is ending soon and looks like the family needs to pay attention to child's condition and she has no choice but to become a full-time mom (another full-time job in itself though). She was in status during her maternity leave (some part of which was covered by STD insurance, remaining unpaid leave totaling 12 weeks under FMLA). She needs to change her status from H1 to H4.
- File for H1-H4 ASAP with in the unpaid leave window
- No premium processing available for H4
What are the timelines for I-539 Change of Status for H1 to H4?
Is premium processing option available for the this change of status?
Friend worked till last week of pregnancy (clean H1 history before). Her 12 weeks of maternity leave is ending soon and looks like the family needs to pay attention to child's condition and she has no choice but to become a full-time mom (another full-time job in itself though). She was in status during her maternity leave (some part of which was covered by STD insurance, remaining unpaid leave totaling 12 weeks under FMLA). She needs to change her status from H1 to H4.
- File for H1-H4 ASAP with in the unpaid leave window
- No premium processing available for H4
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