mjdup
11-17 03:00 PM
Welcome to the club achi goro :)
This whole forum started because of retrogression so to answer your question - you may not be able to file 485 because of unavailable visa numbers. Your attorney should know this, your PD is the day when you filed your labor.
good luck,
This whole forum started because of retrogression so to answer your question - you may not be able to file 485 because of unavailable visa numbers. Your attorney should know this, your PD is the day when you filed your labor.
good luck,
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amsgc
09-10 12:08 AM
You should request your new employer to do Premium Processing on your H-1B petition.
You will get a response from USCIS in 2 weeks and you will know for sure whether it has been approved/rejected or if USCIS needs more evidence. If it is approved, you will also know whether it was approved with Change of status (i.e. I94 attached), or whether you are required to leave the country and re-enter on a H-1B visa.
If new evidence needs to be submitted, then you will get a response within two weeks of submitting additional evidence.
The fee for Premium processing is $1000. Note that the beneficiary of the petition (you in this case) is legally allowed to pay the fee for premium processing. But, only the petitioner (your future employer) can file the application for Premium processing.
As far as I know - you are considered in a period of authorized stay as long as your petition for change of status/extension of stay is pending with the USCIS. You will begin to accrue unlawful presence from the day the petition is denied, if that were to happen.
The lawyers on this forum can advise you better.
i don't know what to do right now.i stayed over april 2009 which is the end of my i-94 because i have a pending petition of immigrant as a nurse.And my lawyer said i am allowed to stay until october 2009. But now the problem is I was filed as H1b by another employer so is it possible that they will approve me here?My lawyer said that when i received already the notice of receipt i can stay here while waiting for the approval.And when my approval comes with 1-94 on it i don't have to leave the US but when it has been approved without i-94 i will leave the US for consular processing asap and re-enter here as h1 status.HELP i really don't know what to believe anymore!at the moment i am waiting for my notice of receipt in h1b visa.I only have until oct to get a result for the approval!please advice me what is the best I can do!THANKS:)
You will get a response from USCIS in 2 weeks and you will know for sure whether it has been approved/rejected or if USCIS needs more evidence. If it is approved, you will also know whether it was approved with Change of status (i.e. I94 attached), or whether you are required to leave the country and re-enter on a H-1B visa.
If new evidence needs to be submitted, then you will get a response within two weeks of submitting additional evidence.
The fee for Premium processing is $1000. Note that the beneficiary of the petition (you in this case) is legally allowed to pay the fee for premium processing. But, only the petitioner (your future employer) can file the application for Premium processing.
As far as I know - you are considered in a period of authorized stay as long as your petition for change of status/extension of stay is pending with the USCIS. You will begin to accrue unlawful presence from the day the petition is denied, if that were to happen.
The lawyers on this forum can advise you better.
i don't know what to do right now.i stayed over april 2009 which is the end of my i-94 because i have a pending petition of immigrant as a nurse.And my lawyer said i am allowed to stay until october 2009. But now the problem is I was filed as H1b by another employer so is it possible that they will approve me here?My lawyer said that when i received already the notice of receipt i can stay here while waiting for the approval.And when my approval comes with 1-94 on it i don't have to leave the US but when it has been approved without i-94 i will leave the US for consular processing asap and re-enter here as h1 status.HELP i really don't know what to believe anymore!at the moment i am waiting for my notice of receipt in h1b visa.I only have until oct to get a result for the approval!please advice me what is the best I can do!THANKS:)
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cbpds
05-18 01:24 PM
How about thread "lighten up"??? Although its not relevant to Immigration, it sure is a good thread that helps everyone to lower their blood pressure after reading visa bulletins and other Immigration hassles.
There are not many insignificant threads that encompasses Immig threads, moreover if you notice they show up when not much is happ on a particular day
my 2c
There are two pointless threads on this site, one is titled "The yanks are coming" and another as "US political system is broken". They both contain long rants of a single user. I seriously doubt if anybody ever reads them, as is evident from the absence of any other user's reply to these threads. Why don't we just remove them, or block them from showing up on the main page. At least it will free up space for more useful threads.
There are not many insignificant threads that encompasses Immig threads, moreover if you notice they show up when not much is happ on a particular day
my 2c
There are two pointless threads on this site, one is titled "The yanks are coming" and another as "US political system is broken". They both contain long rants of a single user. I seriously doubt if anybody ever reads them, as is evident from the absence of any other user's reply to these threads. Why don't we just remove them, or block them from showing up on the main page. At least it will free up space for more useful threads.
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sajimm
08-05 01:18 PM
It's too early to make a judgment on this since I haven't seen the actual text of this bill. With Sen.Sessions history, I highly doubt whether there is anything good to EB folks in this bill.
Most likely this is just election politics.
Most likely this is just election politics.
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coolngood4u80
12-09 10:51 AM
Its very close ...it may pass the cloture vote..
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uslegals
10-18 04:25 PM
Check with the attorney who has filed for 140. I guess the norm is that attorney also get RN and approval copies.
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vikki76
07-19 03:49 PM
Translate yourself and get it approved by a friend/colleague who knows your written native language and English.
Theory behind translation service is this- It is an open document, so whoever translating can not lie. If I translate incorrectly from Marathi, 100 other Marathi speakers or a Marathi literati can easily point that out.
Something like our public key , private key encryption :-) :)
Theory behind translation service is this- It is an open document, so whoever translating can not lie. If I translate incorrectly from Marathi, 100 other Marathi speakers or a Marathi literati can easily point that out.
Something like our public key , private key encryption :-) :)
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Michael chertoff
11-25 12:47 PM
Why should he?
What are you going to give him in return/what is he going to get by helping us?
We need to first learn to help ourselves.
Sorry imh1b,
I take my words back. I did not posted any Indians Pic with President and I Have respect for Indians who reached to this level and can feel the pain of a fellow immigrants. Unfortunatey people like them dont even think they are INdian anymore. thats why I dont see any reason why try to feel happy for them because they just have Indian name.
Now all RED dots are welcome.
MC
What are you going to give him in return/what is he going to get by helping us?
We need to first learn to help ourselves.
Sorry imh1b,
I take my words back. I did not posted any Indians Pic with President and I Have respect for Indians who reached to this level and can feel the pain of a fellow immigrants. Unfortunatey people like them dont even think they are INdian anymore. thats why I dont see any reason why try to feel happy for them because they just have Indian name.
Now all RED dots are welcome.
MC
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fatjoe
03-18 09:14 AM
Thank you so much piyu. I greatly appreciate your response.
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hiralal
10-08 04:40 PM
Visa Bulletin for November 2010 (http://www.travel.state.gov/visa/bulletin/bulletin_5172.html)
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radhay
06-19 02:07 PM
Is there are rule governing how far in advance( before the current EAD expires) we can apply for EAD renewal? Is it ok to apply 7 months in advance?
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vikki76
04-13 05:24 PM
Aliens who have advanced degree in science,technology,engineering or math and have been working in a related field in US under a non immigrant visa during the 3 year period preceding their application should be exempt from numerical limits.
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amsgc
06-15 12:24 AM
Once you apply for I-485, you are in "adjustment of status" - an intermediate status. No H4 is required. However, you can work only if you have a work visa or EAD. In case of a student, if you have OPT, you are ok to work.
Thank you for your response, I appreciate it. Unfortunately, there is not OPT in this case.
Due to the large number of cases to be received by the USCIS, it is just anybody's guess when these documents will be available, hence my question.
My next question is, if one applies for H1 (cap exempt) for spouse, while the EAD is pending, is that allowed? I doubt if anybody had to do this, but it may be something to consider going forward.
Thanks,
Ams
Thank you for your response, I appreciate it. Unfortunately, there is not OPT in this case.
Due to the large number of cases to be received by the USCIS, it is just anybody's guess when these documents will be available, hence my question.
My next question is, if one applies for H1 (cap exempt) for spouse, while the EAD is pending, is that allowed? I doubt if anybody had to do this, but it may be something to consider going forward.
Thanks,
Ams
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Jeffphoto
September 6th, 2006, 09:00 AM
Oh, yes! I knew that! I have even tried this, but my tripod is such a hunk of junk that it wiggles and I can't get the photos to merge without hurting my eyes because every photo is a little off. Terrible blur!
Ok, the HDR explains the very wild lighting on the buildings with the very forboding cloud cover. Thanks for clearing up my confusion, and now the photo makes a lot more sense to me. I was wondering about the light source in this, I figured that some stray ray of light had sneaked through to warm up the bricks.
Ok, the HDR explains the very wild lighting on the buildings with the very forboding cloud cover. Thanks for clearing up my confusion, and now the photo makes a lot more sense to me. I was wondering about the light source in this, I figured that some stray ray of light had sneaked through to warm up the bricks.
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cinqsit
03-27 07:31 PM
i have not applied for a GC as yet.
I want to buy a franchise and start my own business.
later on I want to apply for my GC.
How did you manage to pull this one off ? you got an EAD without applying for GC ?!!
Thats funny :-)
cinqsit
I want to buy a franchise and start my own business.
later on I want to apply for my GC.
How did you manage to pull this one off ? you got an EAD without applying for GC ?!!
Thats funny :-)
cinqsit
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kirupa
05-24 08:39 PM
All stamps will be updated tomorrow :P I went a little over a week this time.
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horscorp
02-06 07:37 AM
Hello,
My wife has been offered a position by her client, a company which received TARP funding and repaid it. These are her immigration details:
H1b start date: 01-Oct-2004
Perm applied: Jan-2008
Audited Twice: First time because of FRAGOMEN and second time asking for some documents
Perm Status: Pending
Original H1b expiration: 30-Sep-2010
H1B extended because Perm has been pending for more than a year
Current H1b expiration: 30-Sep-2011
I do understand it is better to transfer with an approved I-140 because it allows for porting priority date and 3 year extension of H1 with new company but I am not sure new company can wait that long.
In the current situation, is it possible to transfer H1b and get the validity until 30-Sep-2011? Appreciate your responses.
thanks
My wife has been offered a position by her client, a company which received TARP funding and repaid it. These are her immigration details:
H1b start date: 01-Oct-2004
Perm applied: Jan-2008
Audited Twice: First time because of FRAGOMEN and second time asking for some documents
Perm Status: Pending
Original H1b expiration: 30-Sep-2010
H1B extended because Perm has been pending for more than a year
Current H1b expiration: 30-Sep-2011
I do understand it is better to transfer with an approved I-140 because it allows for porting priority date and 3 year extension of H1 with new company but I am not sure new company can wait that long.
In the current situation, is it possible to transfer H1b and get the validity until 30-Sep-2011? Appreciate your responses.
thanks
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gonecrazyonh4
03-20 01:06 PM
Does Talent Bill provision for work authorisation for H1B Spouses mean H4's will be allowed to work?
http://immigrationpage.com/recentnews.php
Read below
The TALENT Bill For Employment - Based - Immigration
The American Immigration Lawyers Association is currently working as part of a coalition of corporations, universities, research institutions and trade associations to help fix problems in the employment-based immigration system. To this end, the coalition has written a stand-alone bill that would assist U.S. businesses in alleviating the specialty occupation worker shortage. Dubbed the "TALENT" bill, the proposal calls for Congress to "address numerous concerns in the employment-based immigration system that hinder the ability to attract, hire and retain the best talent the world has to offer, while facilitating retention of such individuals to create additional innovation and downstream jobs in the United States." Among a variety of other excellent provisions, the TALENT bill would:
* exempt U.S.-educated workers with advanced degrees from the H-1B cap and permit work authorization for spouses of H-1B workers
* create a market-based H-1B cap beginning with a base level of 115,000
* revise the current employment-based preference categories and exempt an expanded EB-1 group from the EB cap, exempt EB-2 from the labor certification requirement, eliminate per-country quotas
Recently, the text of the bill, was distributed to key Senators in the hope of finding a sponsor for the bill in full, or, short of this, incorporating significant portions of the bill into a new Comprehensive Immigration Reform package
http://immigrationpage.com/recentnews.php
Read below
The TALENT Bill For Employment - Based - Immigration
The American Immigration Lawyers Association is currently working as part of a coalition of corporations, universities, research institutions and trade associations to help fix problems in the employment-based immigration system. To this end, the coalition has written a stand-alone bill that would assist U.S. businesses in alleviating the specialty occupation worker shortage. Dubbed the "TALENT" bill, the proposal calls for Congress to "address numerous concerns in the employment-based immigration system that hinder the ability to attract, hire and retain the best talent the world has to offer, while facilitating retention of such individuals to create additional innovation and downstream jobs in the United States." Among a variety of other excellent provisions, the TALENT bill would:
* exempt U.S.-educated workers with advanced degrees from the H-1B cap and permit work authorization for spouses of H-1B workers
* create a market-based H-1B cap beginning with a base level of 115,000
* revise the current employment-based preference categories and exempt an expanded EB-1 group from the EB cap, exempt EB-2 from the labor certification requirement, eliminate per-country quotas
Recently, the text of the bill, was distributed to key Senators in the hope of finding a sponsor for the bill in full, or, short of this, incorporating significant portions of the bill into a new Comprehensive Immigration Reform package
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bp333
11-13 05:03 PM
That is GREAT!
I can understand what you have gone through and it must be a big relief for you !
Can you tell us when did you resubmit your application and what fee did they accept..old or new. A friend of mine resubmitted his application a few days ago with new fee... his original app was rejected earlier because his attorney sent thre wrong fee amount...(neither new nor old..)
Good luck and enjoy the feleing now
Thanks. When refiling we submitted checks to cover old fee and an additional check to cover the difference for new fee. I don't know at this point what checks they cashed. For sure, USCIS us being very lenient and cooperative given the volume of cases, July fiasco etc..
I am very positive that your friends filing will get through as well.
I can understand what you have gone through and it must be a big relief for you !
Can you tell us when did you resubmit your application and what fee did they accept..old or new. A friend of mine resubmitted his application a few days ago with new fee... his original app was rejected earlier because his attorney sent thre wrong fee amount...(neither new nor old..)
Good luck and enjoy the feleing now
Thanks. When refiling we submitted checks to cover old fee and an additional check to cover the difference for new fee. I don't know at this point what checks they cashed. For sure, USCIS us being very lenient and cooperative given the volume of cases, July fiasco etc..
I am very positive that your friends filing will get through as well.
peer123
07-19 07:43 AM
Read my posts on this subject in the archives and do not start new threads on the same topic. It helps keeping information in one place.
papu can you please add the link to that thread.
papu can you please add the link to that thread.
GreeNever
02-08 04:05 PM
If it be projected as "a deed" endorsed by 1000 NRIs affecting abt 100000 NRIs in the US, even a lame duck will tend to grow back.. uptill it's web claw..
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