Googler
08-26 10:44 AM
Asking for the WOM to be dismissed on the grounds that it is discretionary is a standard tactic -- both for citizenship and I-485. The courts aren't buying it. Depending on your district and the particular judge, your chances of getting the motion to dismiss thrown out are very good.
Yingli there is no shortage of excellent advice and templates on this thread on Immigration Portal.
http://boards.immigrationportal.com/showthread.php?t=194681&page=811
For an overview see:
http://www.ailf.org/lac/clearinghouse_mandamus.shtml
http://en.wikibooks.org/wiki/FBI_name_check
Good luck!
Yingli there is no shortage of excellent advice and templates on this thread on Immigration Portal.
http://boards.immigrationportal.com/showthread.php?t=194681&page=811
For an overview see:
http://www.ailf.org/lac/clearinghouse_mandamus.shtml
http://en.wikibooks.org/wiki/FBI_name_check
Good luck!
karthiknv143
07-31 06:09 PM
More information???????????
sagar_nyc
04-02 05:17 PM
yes , I 140 they will ask details about employer only
Hi Chapsi29,
Do not get panic, there is no hard and fast rule that they will ask for RFE in ur case. Say if they come up with RFE they will ask ur employer to support with financial status as 140 is employer based, some time they approve ur 140 with out any hassle, so best of luck. Keep ur fingures crossed.
RK
Hi Chapsi29,
Do not get panic, there is no hard and fast rule that they will ask for RFE in ur case. Say if they come up with RFE they will ask ur employer to support with financial status as 140 is employer based, some time they approve ur 140 with out any hassle, so best of luck. Keep ur fingures crossed.
RK
praveen2008
02-13 11:39 AM
Hello All,
I am on a 6th year on H1-B with my 140 approved. I am due for renewal on June 2010 with my employer who is a desi consulting company.. My employer has around 100+ employees.
I am recently moving over to a new consulting opportunity which my employer has showed me which is corp � corp with prime vendor in between�
I also have another Full time offer pending with a Big 5 consulting company who promised me to sponsor my H1 and re start my GC process since my 485 is not approved� I need couple of suggestions if somebody could advice
� Is it better to stay with my desi consulting company because my GC is in process with them? I am little afraid with respect to this new USCIS Memo( Employee � employer relationship in terms of H1 processing and travelling to india
OR
� Is it better to move on with the full time offer with top 5 consulting company . This from my career perspective would be growth but only disadvantage is that I need to re start my GC process . Hopefully I should be able to port my PD date�..
I am little torn up on what to choose ( full time or stay on corp to corp ). Can anybody advise if its better to compromise on GC and take the Full time offer because of all this scrutiny that USCIS is doing with ..
Thanks,
I am on a 6th year on H1-B with my 140 approved. I am due for renewal on June 2010 with my employer who is a desi consulting company.. My employer has around 100+ employees.
I am recently moving over to a new consulting opportunity which my employer has showed me which is corp � corp with prime vendor in between�
I also have another Full time offer pending with a Big 5 consulting company who promised me to sponsor my H1 and re start my GC process since my 485 is not approved� I need couple of suggestions if somebody could advice
� Is it better to stay with my desi consulting company because my GC is in process with them? I am little afraid with respect to this new USCIS Memo( Employee � employer relationship in terms of H1 processing and travelling to india
OR
� Is it better to move on with the full time offer with top 5 consulting company . This from my career perspective would be growth but only disadvantage is that I need to re start my GC process . Hopefully I should be able to port my PD date�..
I am little torn up on what to choose ( full time or stay on corp to corp ). Can anybody advise if its better to compromise on GC and take the Full time offer because of all this scrutiny that USCIS is doing with ..
Thanks,
more...
roseball
04-13 05:45 PM
Masters degree is considered an advanced degree.....not bachelors....
desimass77
05-11 01:30 PM
Hi,
I am in your stage. I am in AOS stage with EAD. I applied for FAFSA and I do qualify under 'Qualified Non-Citizen.' But, the school financial aid office was not aware of my situation and it took more than a month for me to educate and make them aware of this.
The FAO people only know about GC or Citizen. You will have to talk to the
School's International Office to evaluate your situation and ask them to talk to your FAO to explain about your immigration status.
Hope this helps.
If you need more info, PM me.
Good Luck.
I am in your stage. I am in AOS stage with EAD. I applied for FAFSA and I do qualify under 'Qualified Non-Citizen.' But, the school financial aid office was not aware of my situation and it took more than a month for me to educate and make them aware of this.
The FAO people only know about GC or Citizen. You will have to talk to the
School's International Office to evaluate your situation and ask them to talk to your FAO to explain about your immigration status.
Hope this helps.
If you need more info, PM me.
Good Luck.
more...
dearscorpius
11-27 11:07 PM
Thanks for your reply. Since I won't be working for Company A, so I have to tell them the situation. If Company A is willing to keep my H1B with them active, until Company B gets my H1B approved, you think that will be OK for me?
I am not sure, I can use a H1B transfer, from Company A to Company B, since I never work for Company A, so I do not have a pay check from Company A. Would this be an obstacle for me to transfer my H1B from Company A to B?
I appreciate your help!
You can have multiple H1B. If I were you, I wouldnt tell anything to the company A at this juncture.
I am not sure, I can use a H1B transfer, from Company A to Company B, since I never work for Company A, so I do not have a pay check from Company A. Would this be an obstacle for me to transfer my H1B from Company A to B?
I appreciate your help!
You can have multiple H1B. If I were you, I wouldnt tell anything to the company A at this juncture.
Mount Soche
12-07 09:03 AM
Yikes, I'm having a hard time believing your lawyer is a qualified immigration attorney...
Just sharing my experience that I just got my H1-B 3 yr extension about a month and a half ago. I applied for I-485 in July and have since gotten my EAD etc. I applied for the H1-B in October and got an approval very quickly, without any issues. I think the rule is if you have an approved I-140, you can get a 3 year extension on your H1-B (as opposed to the 1 year extensions you normally get after the 6th year of H1-B), the I-485 application has nothing to do with it.
The H1 was set to expire in March next year and this would be my 2nd H1-B extension (so similar H1-B time to yours).
Hello,
My apologies upfront if I am posting this in the wrong thread.
I am currently working on an H1B which expires in Jan 08. My question is regarding H1B extension beyond the 6yr limit. Is it possible to get an extension for my H1B (7.5 yrs completed) even after having filed my I-485 (I was able to file 485 in July of this year)?
As per my lawyer, if for some reason, my EAD renewal next year is delayed or the new card not delivered on time, I will not be allowed to work though I will not be illegal. Keeping this in mind, and also after reading numerous posts online, I got my HR to give the nod for the H1 renewal. My lawyer replied today saying that we cannot get an H1 extension as my 485 is filed and 140 cleared.
I was under the impression that I would be allowed to get the H1B renewed for another year. What are the rules / regulations on this. If someone can pls update me.
Thank you.
Apoorv
My GC status is as follows
I-140 - approved
EAD - approved
AP - approved
FP - completed .
Just sharing my experience that I just got my H1-B 3 yr extension about a month and a half ago. I applied for I-485 in July and have since gotten my EAD etc. I applied for the H1-B in October and got an approval very quickly, without any issues. I think the rule is if you have an approved I-140, you can get a 3 year extension on your H1-B (as opposed to the 1 year extensions you normally get after the 6th year of H1-B), the I-485 application has nothing to do with it.
The H1 was set to expire in March next year and this would be my 2nd H1-B extension (so similar H1-B time to yours).
Hello,
My apologies upfront if I am posting this in the wrong thread.
I am currently working on an H1B which expires in Jan 08. My question is regarding H1B extension beyond the 6yr limit. Is it possible to get an extension for my H1B (7.5 yrs completed) even after having filed my I-485 (I was able to file 485 in July of this year)?
As per my lawyer, if for some reason, my EAD renewal next year is delayed or the new card not delivered on time, I will not be allowed to work though I will not be illegal. Keeping this in mind, and also after reading numerous posts online, I got my HR to give the nod for the H1 renewal. My lawyer replied today saying that we cannot get an H1 extension as my 485 is filed and 140 cleared.
I was under the impression that I would be allowed to get the H1B renewed for another year. What are the rules / regulations on this. If someone can pls update me.
Thank you.
Apoorv
My GC status is as follows
I-140 - approved
EAD - approved
AP - approved
FP - completed .
more...
krishnam70
07-17 07:13 PM
Thanks for your list. So it seems we can do it without attorney help. I am not sure what my attorney is doing its been a month since he had all the papers and fee. I am going to try filing myself:mad:
and file yourself using the thread for self-filers in this forum.
cheers
and file yourself using the thread for self-filers in this forum.
cheers
jthomas
03-27 01:01 PM
Generally it is little difficult to sponsor a GC through one's own business. USCIS wants to know if it is a legitimate business, with revenues, employees, contracts etc
My attorney told me the same thing. USCIS wants to know if it is a legitimate business. However, if you wish to start/buy a business. Approach SCORE / SBA at your county. Make a business plan. Plan it out with recruiting employees at a later stage. After some time apply for green card. You never know you would be able to make a succesful business.
I went through some of the process but it does not suit me so i backed off.
Please update your information.
My attorney told me the same thing. USCIS wants to know if it is a legitimate business. However, if you wish to start/buy a business. Approach SCORE / SBA at your county. Make a business plan. Plan it out with recruiting employees at a later stage. After some time apply for green card. You never know you would be able to make a succesful business.
I went through some of the process but it does not suit me so i backed off.
Please update your information.
more...
abcdefgh
01-23 03:26 PM
Hats off to IV core!!
Thanks a bunch!!
Thanks a bunch!!
GCNaseeb
10-31 01:39 PM
I just called USCIS and spoke to an Immigration Officer. He said I have to resubmit both I-131 and I-765 alongwith original EAD and AP document to the service center from where I received both my EAD and AP. I also need to submit copy of original forms or a birth certificate to prove the error from USCIS in order to waive fees.
He also said Infopass is only for enquiry and won't help in typographical errors.
I guess, whole new process would take another 3-4 months; what a mess :mad:
He also said Infopass is only for enquiry and won't help in typographical errors.
I guess, whole new process would take another 3-4 months; what a mess :mad:
more...
rameshvaid
03-25 08:32 PM
Thanks guys for advise and kind words. Unfortunately, I did not apply for AP assuming I will get it stamped as was the case in 2005 when I had no problems.
Any possibilty of applying for AP now?
Pls. advise.
RV
Any possibilty of applying for AP now?
Pls. advise.
RV
dexter
12-16 02:45 PM
Hi Charles,
Thank you for taking the time to reply. Do you think that the appeal has any chance to succeed?
The current perm was applied for senior developer. While the appeal is pending, can my company apply for a new perm for a different position like enterprise architect?
Thanks
Thank you for taking the time to reply. Do you think that the appeal has any chance to succeed?
The current perm was applied for senior developer. While the appeal is pending, can my company apply for a new perm for a different position like enterprise architect?
Thanks
more...
jackrabbit
04-11 12:21 PM
You must file AC21 letter before your old employer revokes I140. Otherwise, your I485 will be denied. Request your old employer to wait to revoke I140 until you have sent that letter.
Is this true??
I thought after 180 days, revocation of I140 by old employer will not affect the pending I485?
Is this true??
I thought after 180 days, revocation of I140 by old employer will not affect the pending I485?
desi3933
04-07 06:57 PM
......
Finally secured the job with 3 offers from 3 top companies
......
Congrats!
_______________________
US citizen of Indian origin
Finally secured the job with 3 offers from 3 top companies
......
Congrats!
_______________________
US citizen of Indian origin
more...
ashkam
09-06 09:08 AM
1 : yes you have to file form I-539. Attach copies of her I-94, your I-94, your I-797 and her last two paychecks. Make sure you file this form before her final day at work.
2 : It will not be against the quota. She can apply for an H1B anytime she wants and can start working once the H1B gets approved.
3. No she does not need a stamp.
2 : It will not be against the quota. She can apply for an H1B anytime she wants and can start working once the H1B gets approved.
3. No she does not need a stamp.
Aah_GC
06-25 06:21 PM
You are good to go. For your own satisfaction browse through some of the knowledge bank in this website and answers for similar queries.
sammyb
10-09 04:24 PM
E. EMPLOYMENT PREFERENCE VISA AVAILABILITY
The receipt of demand from Citizenship and Immigration Services Offices has far exceeded their earlier indications of cases eligible for immediate processing. As a result, it has been necessary to hold most of the Employment cut-off dates for November. At this time, it is not possible to provide any estimates regarding future cut-off date movements.
The receipt of demand from Citizenship and Immigration Services Offices has far exceeded their earlier indications of cases eligible for immediate processing. As a result, it has been necessary to hold most of the Employment cut-off dates for November. At this time, it is not possible to provide any estimates regarding future cut-off date movements.
Springflower
07-17 08:29 AM
bmneni,
My understanding is that, you wouldn't have an 'A#' when you apply for I-485(if it's first time). If it is second time, then you have to mention the 'A#' assigned to you. Guys, please correct me if I am wrong.
My understanding is that, you wouldn't have an 'A#' when you apply for I-485(if it's first time). If it is second time, then you have to mention the 'A#' assigned to you. Guys, please correct me if I am wrong.
logiclife
06-20 01:58 PM
UPON MORE INFO, I HAVE FOUND OUT THAT YOU NEED EMPLOYER'S LETTER AS INITIAL EVIDENCE, SORRY FOR THE MISUNDERSTANDING.
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