ssreenu
05-12 02:15 PM
Hello,
Is it possible to file I-140 without joining the employer? Can one join the employer after the PERM and I-140 are approved? Any risks in this case?
Thanks
Is it possible to file I-140 without joining the employer? Can one join the employer after the PERM and I-140 are approved? Any risks in this case?
Thanks
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johnggberg
08-12 10:38 AM
dont worry about it, your good to go, i did it to back in 2002 i didnt had any problems. good luck
simple1
09-17 01:44 AM
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lahuja1
01-24 11:43 AM
Hi,
I am currently on an H1-B (and also have a I140 approved) with company A. I accepted a job with company B, who started the process for my H1-B transfer by filing the LCA.
My employment with company A ends 01/31, but company B has still not received the LCA approval. If they do not receive it before 01/31, will I be out of status until they file the H1B transfer? Do I need to leave the country?:confused:
I am currently on an H1-B (and also have a I140 approved) with company A. I accepted a job with company B, who started the process for my H1-B transfer by filing the LCA.
My employment with company A ends 01/31, but company B has still not received the LCA approval. If they do not receive it before 01/31, will I be out of status until they file the H1B transfer? Do I need to leave the country?:confused:
more...
newtoh1
03-23 06:37 PM
I am planning to go India.Can I leave at JFK Newyork airport and return back at chicago POE?Will it be alright?
I heard that there are some client verification letters are asking at POE these days?anybody really faced such situation?If yes, what exactly we have to provide?
I am just scaring by the time I return back, I will have only 2 months of valid H1B visa.Will be it alright?
I heard that there are some client verification letters are asking at POE these days?anybody really faced such situation?If yes, what exactly we have to provide?
I am just scaring by the time I return back, I will have only 2 months of valid H1B visa.Will be it alright?
sk2006
05-25 01:23 AM
Can anyone tell me what is ADIT processing?
I am assuming that you got 485 approval letter and it talks about ADIT.
I think there was a long and detailed reply by somebody on this forum about ADIT
Do some research and PLEASE put complete details in the post if you want a meaningful answer.
I am assuming that you got 485 approval letter and it talks about ADIT.
I think there was a long and detailed reply by somebody on this forum about ADIT
Do some research and PLEASE put complete details in the post if you want a meaningful answer.
more...
singhsa3
08-22 10:57 AM
Does any one remember if at the time of finger printing for 485, did they enter the Receipt Number, A# or both in their computer.
I am have some issues with multiple A#s and I need this information.
Please reply only if you are sure.
I am have some issues with multiple A#s and I need this information.
Please reply only if you are sure.
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Blog Feeds
09-08 09:50 AM
San Diego Immigration lawyer informed that the Department of Homeland Security, USCIS has submitted the information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection was previously published in the Federal Register on June 9, 2009, at 74 FR 27339, allowing for a 60-day public comment period. USCIS did not receive any comments for this information collection. The purpose of this notice is to allow an additional 30 days for public comments. Comments are encouraged and will be accepted until October 2, 2009. This process is conducted in accordance with 5 CFR 1320.10.
Written comments and suggestions especially regarding the estimated public burden and associated response time, should be directed to the Department of Homeland Security (DHS), and to the Office of Management and Budget (OMB) USCIS Desk Officer. Comments may be submitted to: USCIS, Chief, Regulatory Products Division, Clearance Office, 111 Massachusetts Avenue, Washington, DC 20529-2210. Comments may also be submitted to DHS via facsimile to 202-272-8352 or via e-mail at rfs.regs@dhs.gov, and OMB USCIS Desk Officer via facsimile at 202-395-5806 or via oira_ submission@omb.eop.gov.
We suggest when submitting comments by e-mail please make sure to add OMB Control Number 1615-0035 in the subject box. Written comments and suggestions from the public and affected agencies should address one or more of the following four points:
(1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2) Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to be collected; and
(4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.
More... (http://www.visalawyerblog.com/2009/09/uscis_issues_extension_of_info.html)
Written comments and suggestions especially regarding the estimated public burden and associated response time, should be directed to the Department of Homeland Security (DHS), and to the Office of Management and Budget (OMB) USCIS Desk Officer. Comments may be submitted to: USCIS, Chief, Regulatory Products Division, Clearance Office, 111 Massachusetts Avenue, Washington, DC 20529-2210. Comments may also be submitted to DHS via facsimile to 202-272-8352 or via e-mail at rfs.regs@dhs.gov, and OMB USCIS Desk Officer via facsimile at 202-395-5806 or via oira_ submission@omb.eop.gov.
We suggest when submitting comments by e-mail please make sure to add OMB Control Number 1615-0035 in the subject box. Written comments and suggestions from the public and affected agencies should address one or more of the following four points:
(1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2) Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to be collected; and
(4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.
More... (http://www.visalawyerblog.com/2009/09/uscis_issues_extension_of_info.html)
more...
a_yaja
03-28 06:41 PM
If the employer agrees not to revoke the 140, Can I change the employer after getting EAD. 485 application is pending but less than 180 days.
My project is getting over, and it seems hard to find a h1b job.
pls advice
When did you file for I-485? Your profile says priority date is Dec-07 for EB2/ India. That date was never current.
My project is getting over, and it seems hard to find a h1b job.
pls advice
When did you file for I-485? Your profile says priority date is Dec-07 for EB2/ India. That date was never current.
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devd
09-11 03:37 PM
On August 5th, My Online status got updated: Approval Notice sent
On August 19th, My employer got the notice stating that my petition is denied. He scanned it and forwarded it to me.
On September 10th, My Online status got updated: the post office returned the notice we last sent you on this case I129 PETITION FOR A NONIMMIGRANT WORKER as undeliverable. This may have serious effects on processing this case. Please call xxx to update your mailing address for this notice to be re-sent.
All this is leading to big confusion in my mind. I am not worried about denial. I am worried about what is happening here? Why Online status is deviant from what my employer says?
On August 19th, My employer got the notice stating that my petition is denied. He scanned it and forwarded it to me.
On September 10th, My Online status got updated: the post office returned the notice we last sent you on this case I129 PETITION FOR A NONIMMIGRANT WORKER as undeliverable. This may have serious effects on processing this case. Please call xxx to update your mailing address for this notice to be re-sent.
All this is leading to big confusion in my mind. I am not worried about denial. I am worried about what is happening here? Why Online status is deviant from what my employer says?
more...
sunnymit
05-10 12:44 PM
As I understand, the 6 yrs time period includes the time spent on any type of H visa - H1 or H4.
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leena_k
06-29 01:18 PM
This is so SAD!!!
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Abacus101
05-12 01:30 PM
Thanks for the input. Do you have any publications or IRS findings that you could direct me to that could be used to substantiate the argument that the benefit is non- taxable? I have not been able to find anything that says that the green card is non-taxable.
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Iamthejuggler
03-29 01:24 PM
I am not the judggler!
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needhelp!
10-10 05:26 PM
please go home and check your email.. :)
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kishdam
03-10 09:52 AM
Hi,
I changed job (new position start day is today) - and am struggling to decide whether to send or not send AC21 letter. Got the documentation from new employer but not sure whether to send it or not. For now decided to send just the G-28 form (change of attorney) immediately to get any info from USCIS to my lawyer. If I decide to send AC21 letter later - say after couple months - can we do that? (I mean sending AC21 letter 2/3 months after changing the job) - is this effective/advisable?
I am thinking on these lines because I am not sure what my old employer would do with approved I140. I left on good terms with immediate managers - but its a very big organization and the official HR policy simply says that "they would follow attorney's guidelines - and will abide by whatever USCIS rule in deciding future course in case an employee leaves midway thru greencard process". Those are exact words and there is no other explanation.
Anyone in similar situation and what are you doing please share - I need to complete this (atleast G-28 in a day or two). Thanks
I changed job (new position start day is today) - and am struggling to decide whether to send or not send AC21 letter. Got the documentation from new employer but not sure whether to send it or not. For now decided to send just the G-28 form (change of attorney) immediately to get any info from USCIS to my lawyer. If I decide to send AC21 letter later - say after couple months - can we do that? (I mean sending AC21 letter 2/3 months after changing the job) - is this effective/advisable?
I am thinking on these lines because I am not sure what my old employer would do with approved I140. I left on good terms with immediate managers - but its a very big organization and the official HR policy simply says that "they would follow attorney's guidelines - and will abide by whatever USCIS rule in deciding future course in case an employee leaves midway thru greencard process". Those are exact words and there is no other explanation.
Anyone in similar situation and what are you doing please share - I need to complete this (atleast G-28 in a day or two). Thanks
more...
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anilkumar0902
12-19 05:07 PM
If your university is outside of USA, then how about you get a Foreign Credential Evaluation done..This will clearly state, if your educational qualifications are considered equivalent to a Masters in the USA..This will enable you to file your application with confidence...Talk to your lawyer.
Good luck.
Good luck.
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martinvisalaw
09-10 02:44 PM
Can we go to local USCIS office and get new I94.Does that resolve the issue.
No, CIS local offices don't do this. There is no mistake on the I-94, so the only way to change it is as described in the prior answer.
No, CIS local offices don't do this. There is no mistake on the I-94, so the only way to change it is as described in the prior answer.
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aguada
11-09 11:40 AM
My case: Perm Approved, I140 approved last year, long wait for I485. I have (had) 3 years extension till 2013
My company's lawyer was supposed to revoke H1 of say (name changed) Venkatesh Natarajan and they by mistake revoked mine because of similarity of name(Vedant Narayanan). This happened in July and got approved in August (see below for details). The day my company got to know a wrong employee's H1 was revoked they filed for reinstatement.
Here are the chronological events
Date on which my H1 revocation notice was sent to USCIS: 7/28/2010
Date on which USCIS agreed to revoke my H1: USCIS says they got our letter of revocation on 8/15/2010, but their letter was dated 9/27/2010
Date when my employer was informed by lawyer's office about revocation: 10/24/2010
Date when my company filed for reinstatement of my H1, with pre-paid FedEx packet for USCIS to use with a reply: 10/25/2010. The USCIS has not responded to this letter.
Currently the action being taken is that they are in a process to file a new H1B as a backup, if USCIS doesn't reply to the letter or if they say that revocation process can't be undone.
I read about this nunc-pro-tunc provision. Do you think my new premium H1B should be filed with the nunc-pro-tunc provision? So that my new H1 is backdated from the day it was revoked.
References:
MurthyDotCom : Nunc Pro Tunc H1B and H-4 Cases Approved (http://www.murthy.com/news/n_nunpro.html)
MurthyDotCom : Murthy Success Story - Previously Denied H-4 Nunc Pro Tunc & I-485 Approved (http://www.murthy.com/news/n_mssnpt.html)
MurthyDotCom : Eligibility under Sections 245(i) & 245(k) for AOS (http://www.murthy.com/adjsta.html)
Section 245(k)
Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.
Will this 180 days 245(k) clause help me in anyway?
How should we tackle this situation. Is there any other options that we can try, any phone number we can call? Any way we can ask USCIS to undo the revocation? Any suggestions/pointers appreciated.
Thanks
My company's lawyer was supposed to revoke H1 of say (name changed) Venkatesh Natarajan and they by mistake revoked mine because of similarity of name(Vedant Narayanan). This happened in July and got approved in August (see below for details). The day my company got to know a wrong employee's H1 was revoked they filed for reinstatement.
Here are the chronological events
Date on which my H1 revocation notice was sent to USCIS: 7/28/2010
Date on which USCIS agreed to revoke my H1: USCIS says they got our letter of revocation on 8/15/2010, but their letter was dated 9/27/2010
Date when my employer was informed by lawyer's office about revocation: 10/24/2010
Date when my company filed for reinstatement of my H1, with pre-paid FedEx packet for USCIS to use with a reply: 10/25/2010. The USCIS has not responded to this letter.
Currently the action being taken is that they are in a process to file a new H1B as a backup, if USCIS doesn't reply to the letter or if they say that revocation process can't be undone.
I read about this nunc-pro-tunc provision. Do you think my new premium H1B should be filed with the nunc-pro-tunc provision? So that my new H1 is backdated from the day it was revoked.
References:
MurthyDotCom : Nunc Pro Tunc H1B and H-4 Cases Approved (http://www.murthy.com/news/n_nunpro.html)
MurthyDotCom : Murthy Success Story - Previously Denied H-4 Nunc Pro Tunc & I-485 Approved (http://www.murthy.com/news/n_mssnpt.html)
MurthyDotCom : Eligibility under Sections 245(i) & 245(k) for AOS (http://www.murthy.com/adjsta.html)
Section 245(k)
Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.
Will this 180 days 245(k) clause help me in anyway?
How should we tackle this situation. Is there any other options that we can try, any phone number we can call? Any way we can ask USCIS to undo the revocation? Any suggestions/pointers appreciated.
Thanks
b.rich
06-25 06:08 PM
Grinch... very nice job, it looks like this one is over. Keep up the good work. Let's do it agian sometime soon. :)
Jerrome
05-22 12:02 PM
Are people getting soft lud on 485 recently?.
The reason why i am asking this is my 485 did not have any LUD for past 1 year and i got one today for all my 485(mine,dependents). 140 did not have any LUD only 485s. No AP,EAD renewals..
I know from previous threads it means nothing. Just wanted to check. Was trying to not post about this but at last i posted.
My wife got RFE after this LUD, Mine and my kid's no change. Waiting for RFE details. I think since the processing time for Texas is Aug 2007 they are pre adjusting the apps, i guess.
The reason why i am asking this is my 485 did not have any LUD for past 1 year and i got one today for all my 485(mine,dependents). 140 did not have any LUD only 485s. No AP,EAD renewals..
I know from previous threads it means nothing. Just wanted to check. Was trying to not post about this but at last i posted.
My wife got RFE after this LUD, Mine and my kid's no change. Waiting for RFE details. I think since the processing time for Texas is Aug 2007 they are pre adjusting the apps, i guess.
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