skpanda
05-17 07:10 PM
Upgrade of the existing case.
Good Luck!
Is upgrading to premium actually an upgrade of the existing case or is it just a new application filed under premium?
Good Luck!
Is upgrading to premium actually an upgrade of the existing case or is it just a new application filed under premium?
digby biggest dog in world. dog in the world I would
jay
05-19 08:22 PM
Sec 520(e) of the Cornyn Amendment SA 4005 requires that all backlogs be eliminated in six monts. If we are not behind this amendment, perhaps we should try to copy this provision into Brownback's?
digby biggest dog in world. iggest dog in the world#39;
summitpointe
02-29 08:07 AM
If your company is financially strong and can prove that they can pay your salary, then you will not have any problem. If your company is small and have only couple of consultants working and the earnings are less then you might have issues.
digby biggest dog in world. iggest dog in the world#39;
Paisano
04-16 10:30 AM
This RFE is about G-325. In that document, you would have mentioned that you have lived in MN, WA and TX for the last 5 years. And your employer must be in IL. The USCIS is using the information that is provided by you, in simple terms, against you.
The IO at USCIS whoever is adjudicating your I-485 application must have gone through your past H1B petitions where the LCA(s) will be found. The LCA mentions for which location your H1B petition is filed for. If the LCA(s) mention your location of work as IL, then you are in trouble.
The lawyer can argue that the employer is responsible for LCA and its amendments. But the burden of proof is on you since I-485 is your petition. Good luck to you.
Yours is the third case of this nature I heard this week.
The IO at USCIS whoever is adjudicating your I-485 application must have gone through your past H1B petitions where the LCA(s) will be found. The LCA mentions for which location your H1B petition is filed for. If the LCA(s) mention your location of work as IL, then you are in trouble.
The lawyer can argue that the employer is responsible for LCA and its amendments. But the burden of proof is on you since I-485 is your petition. Good luck to you.
Yours is the third case of this nature I heard this week.
more...
digby biggest dog in world. iggest dog in the world#39;
solaris27
10-03 09:16 AM
anyone is ok
digby biggest dog in world. digby the iggest dog in the
a_yaja
08-07 06:19 PM
From the information that you have provided, I can tell you that their argument does not hold any water. The same can be said of H1B as well. If they are tracking expiration of H1B, they certainly can do the same for EAD.
Hi,
Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.
1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.
2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.
Please help me understand if their concerns are valid and if not what is the remedy.
Hi,
Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.
1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.
2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.
Please help me understand if their concerns are valid and if not what is the remedy.
more...
digby biggest dog in world. DIGBY THE BIGGEST DOG IN THE
sriramkalyan
02-25 10:06 AM
GOOGLE - MVA
go get info there !
go get info there !
digby biggest dog in world. #39;Digby the Biggest Dog in
ameryki
01-02 09:53 AM
Hello All,
Just curious and needed your opinion. My wife has a valid H4 status until 2010 (no visa but petition approved). She used her EAD card for all of 5 days about a year ago and then has not worked since then. I am confused if I need to apply for renewal of her EAD to maintain her legal status in the country considering having used EAD for 5 days might have triggered her out of H4 status. Any thoughts on this? Do i need to renew her EAD to maintain her legal status in the country even with a valid H4 petition until 2010? We also have 485 petition filed and pending over 180 days. I am wondering if it is required for a person with 485 pending for over 180 days to always maintain a valid EAD card even though they are not employeed. Thank you all in advance.
Just curious and needed your opinion. My wife has a valid H4 status until 2010 (no visa but petition approved). She used her EAD card for all of 5 days about a year ago and then has not worked since then. I am confused if I need to apply for renewal of her EAD to maintain her legal status in the country considering having used EAD for 5 days might have triggered her out of H4 status. Any thoughts on this? Do i need to renew her EAD to maintain her legal status in the country even with a valid H4 petition until 2010? We also have 485 petition filed and pending over 180 days. I am wondering if it is required for a person with 485 pending for over 180 days to always maintain a valid EAD card even though they are not employeed. Thank you all in advance.
more...
digby biggest dog in world. Digby - The Biggest Dog In The
immiadvise
12-30 08:03 PM
hi,
thanks for the reply. If its going to be a problem , i will shift to a different company. what is your suggestion to me ?
If i get a chance to move to a different company ,, do you want me to leave the current company?
waiting for your reply..
once again thanks for the response...
Thanks
thanks for the reply. If its going to be a problem , i will shift to a different company. what is your suggestion to me ?
If i get a chance to move to a different company ,, do you want me to leave the current company?
waiting for your reply..
once again thanks for the response...
Thanks
digby biggest dog in world. quot;Digby the iggest dog in
jamsumfarray
11-16 05:58 PM
hi i guess will keep my case as non rir it self
thanks
thanks
more...
digby biggest dog in world. DIGBY THE BIGGEST DOG IN THE
PresidentO
02-07 01:19 PM
Hi! I am on a H1 - B visa and had a question. If I marry someone from my home country India and she is working out there as a physiotherapist, can she come here and start practicing immediately or she needs to give some exams and do I need to file her H1 - B in the quota opening in April or is she outside the quota?
Does she have a 4 year PT degree? Most probably yes, as most schools in India have retired the 3 year PT program but just check out. If by any chance she has the 3 year degree, her degree is most likely not recognized.
She cannot get a H1 filed on Mar 31st and start working.
She has to do
Long term plan
(1) Join a school here, get her masters in PT, and on the side prep/pass the licensing exam NPTE. Passing NPTE is critical and one needs to score between 75 and 80 percent to clear the exam. Then do type II certificate (http://www.fccpt.org/forapplicants.html#typeII) for her visa screen and then get hired as PT. Hope that the PT and nurse caps open up and file for GC. See that TOEFL can be a requirement, but if she got admitted into a PT school she already has TOEFL.
Short term plan
(2) File for Type 1 Certificate. (http://www.fccpt.org/forapplicants.html#typeI)
I dont see the NPTE as a requirement here but I believe at some point the state agency will say, enough of work on the Type I certificate and now lets do the NPTE. Some states already have 6 month limit and you should clear NPTE by end of 6 months to continue working as a PT.
Both these will take alteast 3+ months to be processed and issued
Official transcripts/marksheets sent directly from the institution for ALL higher education.
If the applicant sends the syllabi/transcripts himself/herslef, FCCPT will just throw them away. One needs to request the school/Univ to send them directly
Which ever FCCPT asks to send directly from the agency/instituiton should come from them. Other wise, its just waste of time and money. FCCPT looks at the mail stamps and other things to make sure they came from the school/agency directly.
Hope the information overload is enough!
Does she have a 4 year PT degree? Most probably yes, as most schools in India have retired the 3 year PT program but just check out. If by any chance she has the 3 year degree, her degree is most likely not recognized.
She cannot get a H1 filed on Mar 31st and start working.
She has to do
Long term plan
(1) Join a school here, get her masters in PT, and on the side prep/pass the licensing exam NPTE. Passing NPTE is critical and one needs to score between 75 and 80 percent to clear the exam. Then do type II certificate (http://www.fccpt.org/forapplicants.html#typeII) for her visa screen and then get hired as PT. Hope that the PT and nurse caps open up and file for GC. See that TOEFL can be a requirement, but if she got admitted into a PT school she already has TOEFL.
Short term plan
(2) File for Type 1 Certificate. (http://www.fccpt.org/forapplicants.html#typeI)
I dont see the NPTE as a requirement here but I believe at some point the state agency will say, enough of work on the Type I certificate and now lets do the NPTE. Some states already have 6 month limit and you should clear NPTE by end of 6 months to continue working as a PT.
Both these will take alteast 3+ months to be processed and issued
Official transcripts/marksheets sent directly from the institution for ALL higher education.
If the applicant sends the syllabi/transcripts himself/herslef, FCCPT will just throw them away. One needs to request the school/Univ to send them directly
Which ever FCCPT asks to send directly from the agency/instituiton should come from them. Other wise, its just waste of time and money. FCCPT looks at the mail stamps and other things to make sure they came from the school/agency directly.
Hope the information overload is enough!
digby biggest dog in world. #39;Digby The Biggest Dog in The
apoojo
08-24 02:01 AM
Thanks for the reply, hibworker.
Jaggu bhai - in reply to your post: Yes, switch your wife to F1. One primary reason (apart from the ones mentioned above) is by shifting to F1, she is not using up the 6 years available on a 'H' visa. I believe even if you are H4, its counted against you. Once she graduates and moves to an H1, she gets more time on the visa than she would if she stays on H4. As can be concluded from hibworker's post, if (and a BIG IF here) the priority date should become current when she is on F1, she can still ride on your GC filing.
Jaggu bhai - in reply to your post: Yes, switch your wife to F1. One primary reason (apart from the ones mentioned above) is by shifting to F1, she is not using up the 6 years available on a 'H' visa. I believe even if you are H4, its counted against you. Once she graduates and moves to an H1, she gets more time on the visa than she would if she stays on H4. As can be concluded from hibworker's post, if (and a BIG IF here) the priority date should become current when she is on F1, she can still ride on your GC filing.
more...
digby biggest dog in world. Digby, The Biggest Dog in
unknown123
01-02 07:34 PM
Hello All,
Just curious and needed your opinion. My wife has a valid H4 status until 2010 (no visa but petition approved). She used her EAD card for all of 5 days about a year ago and then has not worked since then. I am confused if I need to apply for renewal of her EAD to maintain her legal status in the country considering having used EAD for 5 days might have triggered her out of H4 status. Any thoughts on this? Do i need to renew her EAD to maintain her legal status in the country even with a valid H4 petition until 2010? We also have 485 petition filed and pending over 180 days. I am wondering if it is required for a person with 485 pending for over 180 days to always maintain a valid EAD card even though they are not employeed. Thank you all in advance.
No it is not required to maintain valid EAD if you are in AOS.
Just curious and needed your opinion. My wife has a valid H4 status until 2010 (no visa but petition approved). She used her EAD card for all of 5 days about a year ago and then has not worked since then. I am confused if I need to apply for renewal of her EAD to maintain her legal status in the country considering having used EAD for 5 days might have triggered her out of H4 status. Any thoughts on this? Do i need to renew her EAD to maintain her legal status in the country even with a valid H4 petition until 2010? We also have 485 petition filed and pending over 180 days. I am wondering if it is required for a person with 485 pending for over 180 days to always maintain a valid EAD card even though they are not employeed. Thank you all in advance.
No it is not required to maintain valid EAD if you are in AOS.
digby biggest dog in world. digby dog digbyseatshop
mmeshref
12-02 06:10 PM
My wife is not on AOS status, she's only H4, what I am asking about here, if I used AP would this void her H4? Because as far as I understand, her H4 status will only be void if I used my EAD not AP
more...
digby biggest dog in world. largest dog in world.
andhrawala
09-22 10:01 AM
I applied my EAD in Nebraska as OH falls under it's jurisdiction and got my approval in 2 weeks. Thought of sharing so that some one may find this information useful.
Labor Priority Date: EB2 - 2007 April - India
I-140 Applied: 05/15/2007
I-140 Approved: 08/10/2009
I-485 Applied: 07/26/2007
I-485 Status: Pending
Labor Priority Date: EB2 - 2007 April - India
I-140 Applied: 05/15/2007
I-140 Approved: 08/10/2009
I-485 Applied: 07/26/2007
I-485 Status: Pending
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pranju
07-21 11:16 PM
1 - if u have any new h1 approval notice after you came to US , then yr i-94 number will be same in approval notice , normally the last i94 and recent aproval notice 194 matches , u can cross check from there
2- not sure
Hello,
I have a couple of questions here:
1) The last digit of the I-94# number is not very clear(Not sure if it is a 3 or 8). What do I write in the 485? Is there any way to find the correct one?
2) I filed the I140 without providing the A#. I understand that when I dont provide one, a new one is generated. And the A# is usually used to link the 485 with the 140. Now when I apply for 485, if I give the A# from my OPT EAD, will it be a problem because a new number will be already generated for I140? Should I write the A# in 485 or just leave it??
Thanks in advance for all the replies.
2- not sure
Hello,
I have a couple of questions here:
1) The last digit of the I-94# number is not very clear(Not sure if it is a 3 or 8). What do I write in the 485? Is there any way to find the correct one?
2) I filed the I140 without providing the A#. I understand that when I dont provide one, a new one is generated. And the A# is usually used to link the 485 with the 140. Now when I apply for 485, if I give the A# from my OPT EAD, will it be a problem because a new number will be already generated for I140? Should I write the A# in 485 or just leave it??
Thanks in advance for all the replies.
more...
digby biggest dog in world. World#39;s Biggest Dog ,
Desertfox
08-01 12:14 PM
You will be considered as an eligible non-citized once you have used your Advance Parole (obtained by filing I-131) to return to US after foreign travel. Your I-94 will have a parolee stamp, and you will need to submit that to the financial aid department of your school in proof of your "Eligible Non-citizen" status.
Once you have the parolee stamp on your I-94, file FAFSA online and your school will be notified as soon as they process your application. You will then contact the financial aid department at your school and submit a copy of your parolee stamped I-94. The process was very easy and quick at Arizona State University for my spouse.
Hope this helps.:)
Once you have the parolee stamp on your I-94, file FAFSA online and your school will be notified as soon as they process your application. You will then contact the financial aid department at your school and submit a copy of your parolee stamped I-94. The process was very easy and quick at Arizona State University for my spouse.
Hope this helps.:)
digby biggest dog in world. largest dog in world.
ImmiLosers
03-11 07:56 PM
To my best knowledge the PD is set at the I-140 stage. As a matter of fact, there's a field in the administrative part of that form where the PD is stated. Short of saying that it wouldn't be possible to claim an earlier PD at the I-485 stage I would assume that your lawyer should jump much more loops to get you an earlier PD then.
Thank you all for your response. As per him ( my attorney) - you apply for I-485 with the new I-140. Provide reference to earlier PD as reason for your application. He provided the following text from the USCIS's I-140/I-485 adjudication document.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification
ANYBODY HAS A DOCUMENT COUNTERING IT ( STATING IT CAN NOT BE DONE AT I-485 OR IT MUST BE DONE AT I-140). PLEASE PROVIDE LINKS OR REFERENCES. SORRY FOR THE URGENCY.
Thank you all for your response. As per him ( my attorney) - you apply for I-485 with the new I-140. Provide reference to earlier PD as reason for your application. He provided the following text from the USCIS's I-140/I-485 adjudication document.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification
ANYBODY HAS A DOCUMENT COUNTERING IT ( STATING IT CAN NOT BE DONE AT I-485 OR IT MUST BE DONE AT I-140). PLEASE PROVIDE LINKS OR REFERENCES. SORRY FOR THE URGENCY.
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amalshe
12-09 06:13 PM
PhD in Business from an accredited US institution; currently working as Asst Prof.
willigetgc?
08-04 08:31 AM
I would think writing back to the Senator's office regarding your email and the unrelated response you got from the office has frustrated you, as the Senators does not seem to understand the problems, and therefore you are asking for an appointment to meet with the senator and explaining it personally.
You may not get the appointment to meet with the Senator, but you will let them know how badly they are screwing up constituents complaints. By following up and actually meeting with an immigration staff members in the Senator's office will be good.
You may not get the appointment to meet with the Senator, but you will let them know how badly they are screwing up constituents complaints. By following up and actually meeting with an immigration staff members in the Senator's office will be good.
thadipalam
10-25 01:12 PM
Does anybody have an experience of Chicago/Waukegan office?
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