WTFever
12-02 06:49 PM
Well this is the non-immigrant section, and I also said I was not sure where to post it. Care to give me a clue?
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GCSOON-Ihope
11-07 10:08 AM
but unless someone personally recommends it is difficult to know which ones are good. even large well-known firms have made many errors, even after charging high fees
You are 100% right. Choosing an attorney is always kind of a gamble.
That shouldn't be but it is the reality. From my own experience, an attorney is as good as the job he does for you.
You can find an attorney who has worked wonders for many people and...
he screws up your application (that happened to me :mad: :eek: ).
You are 100% right. Choosing an attorney is always kind of a gamble.
That shouldn't be but it is the reality. From my own experience, an attorney is as good as the job he does for you.
You can find an attorney who has worked wonders for many people and...
he screws up your application (that happened to me :mad: :eek: ).
coolpal
02-06 10:20 AM
We filed for 485 in 2007 july fiasco... and so far, we never received FPs for me or my wife..
my lawyer called the TSC a couple of times, and I called at least 3 times, and all the time, they say it is fine, and they will contact me if they need anything. We got our EADs and APs renewed as well, but never received FPs...
Every time I contacted them and explained the problem, they would open up a case to investigate and they send us letters a couple of months later saying my application is within the current processing times...
I am hoping this is only normal, and there are others out there in the same boat as mine...
Am I wrong in assuming so? Let me know if there is anything I should do?
pal :)
my lawyer called the TSC a couple of times, and I called at least 3 times, and all the time, they say it is fine, and they will contact me if they need anything. We got our EADs and APs renewed as well, but never received FPs...
Every time I contacted them and explained the problem, they would open up a case to investigate and they send us letters a couple of months later saying my application is within the current processing times...
I am hoping this is only normal, and there are others out there in the same boat as mine...
Am I wrong in assuming so? Let me know if there is anything I should do?
pal :)
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Fugu
01-11 03:02 PM
The company should really have changed your husband to H-1B before the end of his 6th year in L-1 status. You count L-1 and H-1B time together to get a maximum of 6 years H-1B. Since he has almost used 6 years, and the cap has been reached for h-1Bs, he cannot change now. If the permanent residence (PR) process had been filed before the end of his 5th year, and he had changed to H-1B, he could get 7th+ year H-1B extensions while the PR process was ongoing. Unfortunately, there are no such extensions for L-1 holders, so that once they reach the end of their maximum stay, they must leave.
The company could file for your husband's PR while he is outside the US, and this is worth discussing.
Thank you for your reply.
The reason that we chose to go the L1A route instead of the H1B is that we do not plan on living in the US forever, if it was possible to just keep continuing extending our visa then we would as it is the cheaper option for the company and gives us more freedom.
Choosing the L1A instead of the H1B gave us up to 7 years instead of 6 before we have to apply for PR.
I was under the impression you could apply for PR from and L1A, I am confused with your reply, why can we not apply for PR from an L1A? If the processing times are shorter then maybe it could be processed before our visa expiration.
Thanks
The company could file for your husband's PR while he is outside the US, and this is worth discussing.
Thank you for your reply.
The reason that we chose to go the L1A route instead of the H1B is that we do not plan on living in the US forever, if it was possible to just keep continuing extending our visa then we would as it is the cheaper option for the company and gives us more freedom.
Choosing the L1A instead of the H1B gave us up to 7 years instead of 6 before we have to apply for PR.
I was under the impression you could apply for PR from and L1A, I am confused with your reply, why can we not apply for PR from an L1A? If the processing times are shorter then maybe it could be processed before our visa expiration.
Thanks
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sunshine2007
08-27 04:55 PM
this is a EB3 case and i'm the primary applicant not my spouse
hpandey
12-30 09:05 PM
hi All,
i'm new to this forum.please advice on my situation.
I was on F1 earlier and now I am on H1b from jan 2007.
I am the first person for whom company filed H1B and got approved.
I am the only person on my companies payroll and only person on their H1B. Is that going to be a probelm if i go for H1B stamping to mexico?
If i go for stamping to mexico, What sort of questions i will be asked?
Please help me ...
Thanks
I think its risky everywhere Mexico\Canada\India with a one person company. So make sure you have a valid F1 to come back or I would suggest that you wait for some more time so that you have more paystubs \ company has good annual returns so that you have all kind of documentation to show what the officers would ask you .
On a separate note I hope you know about the PIMS rule for visa stamping due to which it might take more time for visa stamping ( they say two days approx. but could be more ) . So if you do decide to go to Mexico plan to stay there appropriately due to this new visa stamping process ( has the PIMS process already begun ?? )
i'm new to this forum.please advice on my situation.
I was on F1 earlier and now I am on H1b from jan 2007.
I am the first person for whom company filed H1B and got approved.
I am the only person on my companies payroll and only person on their H1B. Is that going to be a probelm if i go for H1B stamping to mexico?
If i go for stamping to mexico, What sort of questions i will be asked?
Please help me ...
Thanks
I think its risky everywhere Mexico\Canada\India with a one person company. So make sure you have a valid F1 to come back or I would suggest that you wait for some more time so that you have more paystubs \ company has good annual returns so that you have all kind of documentation to show what the officers would ask you .
On a separate note I hope you know about the PIMS rule for visa stamping due to which it might take more time for visa stamping ( they say two days approx. but could be more ) . So if you do decide to go to Mexico plan to stay there appropriately due to this new visa stamping process ( has the PIMS process already begun ?? )
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Totoro
05-18 07:23 AM
Probably he is talking about the conditional green card one gets after marrying a US citizen
If I understand right, you only jeopardize your chances if you divorce within 2 years. Another option is separation. And of course there is the third option, and that is to try and work it out with her husband.
If I understand right, you only jeopardize your chances if you divorce within 2 years. Another option is separation. And of course there is the third option, and that is to try and work it out with her husband.
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gcdreamer05
01-05 04:35 PM
Hi there,
I need your advise - have an issue with travel back to the US.
My wife is in India, her AP is expired and she needs to travel back to the US. I am working on an EAD, changed employers and could not transfer my old H-1 (H1 was valid until 06/09 - she has a H4 stamp in her passport valid until the same time). Given there is no H1/H4 or AP available to her now, how can one go about getting either AP reinstated (I know it says one cannot apply for AP when out of the country) or some other status for being able to travel back. We do have a child (US citizen) also in India with her.
I am trying to get advise from an immigration attorney as well but would like to hear from folks here if they have had to deal with this issue and if so what is the best way to deal with it.
Before someone shoots me for asking this question let me make it clear that I have been aware that she should have come back before her AP expired and one cannot renew AP while out of the country and this puts her GC application at risk (abandonement) - there were some factors involved here that were not in my control and therefore we have landed up in this messy situation.
I would really appreaciate any advise you can provide to my query. Thanks!
Sorry to know about your situation....
Since you are not on h1b , she is not on h4, so question of coming back on h4 with AP is not there.
This is very tricky, there is only one solution.
You can apply for AP from outside USA only if on emergency humanitarian situations. Look at Form I-131, there is an option to apply from outside USA.
Look at part one of the I-131 document and talk to your attorney if you can show such a need for an emergency humaitarian situation.
If you had already known about this, why did you make the mistake of sending her abroad....
I need your advise - have an issue with travel back to the US.
My wife is in India, her AP is expired and she needs to travel back to the US. I am working on an EAD, changed employers and could not transfer my old H-1 (H1 was valid until 06/09 - she has a H4 stamp in her passport valid until the same time). Given there is no H1/H4 or AP available to her now, how can one go about getting either AP reinstated (I know it says one cannot apply for AP when out of the country) or some other status for being able to travel back. We do have a child (US citizen) also in India with her.
I am trying to get advise from an immigration attorney as well but would like to hear from folks here if they have had to deal with this issue and if so what is the best way to deal with it.
Before someone shoots me for asking this question let me make it clear that I have been aware that she should have come back before her AP expired and one cannot renew AP while out of the country and this puts her GC application at risk (abandonement) - there were some factors involved here that were not in my control and therefore we have landed up in this messy situation.
I would really appreaciate any advise you can provide to my query. Thanks!
Sorry to know about your situation....
Since you are not on h1b , she is not on h4, so question of coming back on h4 with AP is not there.
This is very tricky, there is only one solution.
You can apply for AP from outside USA only if on emergency humanitarian situations. Look at Form I-131, there is an option to apply from outside USA.
Look at part one of the I-131 document and talk to your attorney if you can show such a need for an emergency humaitarian situation.
If you had already known about this, why did you make the mistake of sending her abroad....
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Suva
07-19 11:43 PM
Why not? 140 is not retrogressed. Anytime you can file I-140. So if i-485 is valid between Aug 1-17 then you can file both between that dates also.
As per the last revised visa bulletin, the extension period for filling I-485 is Aug 17. But it talks about only I485 and not about I-140.
So can anyone confirm, if one can file I-140 and I-485 concurrently from Aug 1 to Aug 17.
As per the last revised visa bulletin, the extension period for filling I-485 is Aug 17. But it talks about only I485 and not about I-140.
So can anyone confirm, if one can file I-140 and I-485 concurrently from Aug 1 to Aug 17.
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pointlesswait
03-12 06:29 PM
Even PT MBA..can be a vehicle for career change as well as growth!
Full time has its + ..but will u wait till u get a GC to start ur MBA..?
I believe PT from any of the top 10 PT programs is worth considering! in chicago land area u have kello, UC and depaul...the rating for PT programs is different compared to full time!
You can only speculate..abt what is good and what is not! The first job break after a PT will be crucial! :rolleyes:
There is no logical reason to NOT do an MBA if u want change and further ur career!
PS: pursuing PT!
Full time has its + ..but will u wait till u get a GC to start ur MBA..?
I believe PT from any of the top 10 PT programs is worth considering! in chicago land area u have kello, UC and depaul...the rating for PT programs is different compared to full time!
You can only speculate..abt what is good and what is not! The first job break after a PT will be crucial! :rolleyes:
There is no logical reason to NOT do an MBA if u want change and further ur career!
PS: pursuing PT!
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lotsofspace
01-24 02:30 PM
Maybe your lawyer should jump into the well or go back to school ;)
She is probably already going to school (a paralegal) :)
She is probably already going to school (a paralegal) :)
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snathan
07-10 12:46 PM
I think, you can still work on H1 even though your current extension is pending
Do you understand the question first...
Do you understand the question first...
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GCeffect
02-09 05:22 AM
Last week i received a RFE against my I485 application. My PD is not current yet. I''m kind of confused about the RFE. I need some help from you guys...
Check out the RFE letter comment at the following:
"""""USCIS records indicate that you began your employment with compnay A in October 2005. However, the record indicates that the i-129, H1b, granting your authorization to work for company A was not filed until aug, 2006. Submit documentatary evidence that you were authorized to work for compnay A when you began your employment in Oct 2005.""""
Now let me explain my situation.
I had my first H1b from compnay B, for three years (oct 2002 to oct 2005). Then I started my renewed my H1b under another company C. (oct/2005 to oct 2008). Then i received my PERM labor from another company A (the company they USCIS mentioned in their RFE). Both the company C and compnay A was owned by one person. So even i was working with the company C, my payroll was under Company A. Right after I received my labor certificate from Compnay A, my lawyer suggested my transfer my H1b from Compnay C to company A. Then i received my h1b approval for compnay A in Jan 2007 to october 2008. In 0ctober 2008 i renewed my h1b from compnay A again for one year. But in november compnay A terminted me and withdraw my H1b. I got a new job and moved to a new compnay in december 2008. Everything is normal after that until i received the RFE. I have to get back to USCIS in by the end of this month with the evidence. I has the legal status all the time i worked for all those companies.
PLease let me know what you guys think about the whole situation.
Thanks ahead about your concern ......
EB3 (ROW)..PD May 2006
Check out the RFE letter comment at the following:
"""""USCIS records indicate that you began your employment with compnay A in October 2005. However, the record indicates that the i-129, H1b, granting your authorization to work for company A was not filed until aug, 2006. Submit documentatary evidence that you were authorized to work for compnay A when you began your employment in Oct 2005.""""
Now let me explain my situation.
I had my first H1b from compnay B, for three years (oct 2002 to oct 2005). Then I started my renewed my H1b under another company C. (oct/2005 to oct 2008). Then i received my PERM labor from another company A (the company they USCIS mentioned in their RFE). Both the company C and compnay A was owned by one person. So even i was working with the company C, my payroll was under Company A. Right after I received my labor certificate from Compnay A, my lawyer suggested my transfer my H1b from Compnay C to company A. Then i received my h1b approval for compnay A in Jan 2007 to october 2008. In 0ctober 2008 i renewed my h1b from compnay A again for one year. But in november compnay A terminted me and withdraw my H1b. I got a new job and moved to a new compnay in december 2008. Everything is normal after that until i received the RFE. I have to get back to USCIS in by the end of this month with the evidence. I has the legal status all the time i worked for all those companies.
PLease let me know what you guys think about the whole situation.
Thanks ahead about your concern ......
EB3 (ROW)..PD May 2006
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shukla77
06-12 10:07 PM
Got exact the same RFE for me and my wife. Will see what happens next week.
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InTheMoment
09-16 11:59 AM
What has the Name Check initiation got to do with the submission of finger prints...Nothing.
I bet your notice date is about 2 weeks before your Name Check initiation (Sept 18, 2007).
Would believe the dates the IIO gave you.
I bet your notice date is about 2 weeks before your Name Check initiation (Sept 18, 2007).
Would believe the dates the IIO gave you.
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sp0
09-26 05:46 PM
My friend will join the forum and write his questions in this context directly. I did pass him the link pathmaker gave.
Thanks again for all the help.
Thanks again for all the help.
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GCwaitforever
10-17 01:25 PM
Not necessary. You can grow the business slowly. But only when your business grows to the size of 10 employess, you can file for EB5.
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synergy
12-11 01:15 PM
I agree with this....File a new labour and you need to get the 140 approved. Once it is approved ,you can reclaim your old priority date for 485.
dont file a second 485. Wait for teh second I-140 to be approved, then just interfile this into the old one. Did you already request your older PD when you filed this new I-140? Thats the stage where you typically request teh older PD, though you can also do it when you request to interfile.
New I-140 getting rejected should not have an impact on the old EB3-I-140 as long as the denial is not something that can be a reason for denial of the older one. So if this is denied due to ability-to-pay, or not qualifying for EB2, you are still ok as long as you had qualified properly for that older one. In many cases USCIS has gone back and looked at teh first I-140 when a new one is denied, to see if the older one also has the same problem.
dont file a second 485. Wait for teh second I-140 to be approved, then just interfile this into the old one. Did you already request your older PD when you filed this new I-140? Thats the stage where you typically request teh older PD, though you can also do it when you request to interfile.
New I-140 getting rejected should not have an impact on the old EB3-I-140 as long as the denial is not something that can be a reason for denial of the older one. So if this is denied due to ability-to-pay, or not qualifying for EB2, you are still ok as long as you had qualified properly for that older one. In many cases USCIS has gone back and looked at teh first I-140 when a new one is denied, to see if the older one also has the same problem.
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h4_optimist
05-06 12:47 AM
My employer needs to pay me back wages for 3 months from Dec-2008 to Feb-2009. I travelled to India in March and informed the employer about the same after reaching India. Now the employer have filed a civil case against me for contract dispute. Can I file a complaint against my employer in Department of Labor, to get back the pending wages till March from outside the country?
Please help, as we are in a difficult financial situation and I cannot pay the employer the amount he demands for contract dispute, if the court rules against me, unless he pays me my pendng wages.
Please help, as we are in a difficult financial situation and I cannot pay the employer the amount he demands for contract dispute, if the court rules against me, unless he pays me my pendng wages.
andy garcia
06-15 10:08 AM
The USCIS PDF for I-693 (http://www.uscis.gov/files/form/I-693.pdf) says "OMB No. 1615-0033; Expires 06/30/07" at the top of the form. At the bottom it says "Form I-693 (Rev. 09/16/05) Y". Will we be able to submit this form if we get the medical exam done now and file it with the I-485 on July 1 or later?
I found another version of the PDF which says "OMB No. 1615-0064; Expires 05/31/08" at the top and "Form I-693 (Rev. 09/16/05) N" at the bottom. I've only found this at these sites:
http://immigrationadvice.net/I-693.pdf
http://www.lexisnexis.com/practiceareas/immigration/pdfs/web895.pdf
But I'm not sure which one should be used because of the upcoming expiry date on the one from uscis.gov, versus the one with the later expiry date on these other sites. Does this expiry date matter?
I'm going to my medical exam in 1 1/2 hours -- if anyone can post a response before then, that'd be much appreciated!
I don't know if the doctor will use my copy or provide a copy. Is it a problem if the doctor provides and uses the older form?
Medical Examination I-693 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb1f3591ec04d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)
On this link it says the following:
Edition Date :
9/16/05. Previous editions accepted
I found another version of the PDF which says "OMB No. 1615-0064; Expires 05/31/08" at the top and "Form I-693 (Rev. 09/16/05) N" at the bottom. I've only found this at these sites:
http://immigrationadvice.net/I-693.pdf
http://www.lexisnexis.com/practiceareas/immigration/pdfs/web895.pdf
But I'm not sure which one should be used because of the upcoming expiry date on the one from uscis.gov, versus the one with the later expiry date on these other sites. Does this expiry date matter?
I'm going to my medical exam in 1 1/2 hours -- if anyone can post a response before then, that'd be much appreciated!
I don't know if the doctor will use my copy or provide a copy. Is it a problem if the doctor provides and uses the older form?
Medical Examination I-693 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb1f3591ec04d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)
On this link it says the following:
Edition Date :
9/16/05. Previous editions accepted
purgan
05-25 09:39 AM
please post the names and email adddresses of the authors....so we can all contact them.
Clearly, legal, skilled immigrants from countires like India, China, Mexico and Phillipines are already facing 5-7 years backlogs and this bill, by reducing quotes from 140K to only 90K, is going to make this problem worse!!! To relieve this problem, they should've expanded quotas (atlteast temporarily), made soft countrycaps, and exempted dependents, but they are going in the totally opposite direction.
I read the bill posted for IV, and on page 259 it says for first 5 years after enactment, level of EB immigrants will be at 2005 levels (which was 246K)
90K will for for pending EB applicants, while ATLEAST 10K will for exceptional aliens in nonimmigrant status under section 101(a)(15)(Y). This means that these "exceptional aliens" will have a new quota of 246K-90K= 156K a year, while the qouta for existing EB immigrants will be reduced by 50K, thereby accentuating the horrific backlog that already
exists...
Question is, who are these "exceptional aliens" under section 101(a)(15)(Y)??
Clearly, legal, skilled immigrants from countires like India, China, Mexico and Phillipines are already facing 5-7 years backlogs and this bill, by reducing quotes from 140K to only 90K, is going to make this problem worse!!! To relieve this problem, they should've expanded quotas (atlteast temporarily), made soft countrycaps, and exempted dependents, but they are going in the totally opposite direction.
I read the bill posted for IV, and on page 259 it says for first 5 years after enactment, level of EB immigrants will be at 2005 levels (which was 246K)
90K will for for pending EB applicants, while ATLEAST 10K will for exceptional aliens in nonimmigrant status under section 101(a)(15)(Y). This means that these "exceptional aliens" will have a new quota of 246K-90K= 156K a year, while the qouta for existing EB immigrants will be reduced by 50K, thereby accentuating the horrific backlog that already
exists...
Question is, who are these "exceptional aliens" under section 101(a)(15)(Y)??
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