fernandoamat
11-17 09:31 PM
I am a Spanish citizen and I am currently holding an F-1 visa with post-completion OPT that expires in 06/2011. I am working at a company in VA and I got married in Michigan to a US citizen in 09/2010.
My company is offering to sponsor me for an H1B visa in order to continue working here after 06/2011. I am also preparing all the paperwork to apply for a change of status to a green card through marriage (I-130/I-485). Can I submit the green card application at the same time as my company submits the H1B request?
I also have to travel outside the US on 05.2011. I know I would have to ask for advance parole in case of green card application or obtain an H1B visa stamp outside the US if the H1 has been processed. What is the best way to be able to travel abroad in these circumstances?
My company is offering to sponsor me for an H1B visa in order to continue working here after 06/2011. I am also preparing all the paperwork to apply for a change of status to a green card through marriage (I-130/I-485). Can I submit the green card application at the same time as my company submits the H1B request?
I also have to travel outside the US on 05.2011. I know I would have to ask for advance parole in case of green card application or obtain an H1B visa stamp outside the US if the H1 has been processed. What is the best way to be able to travel abroad in these circumstances?
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kaisersose
09-17 12:03 PM
You can take a 2nd additional job if needed..
Not much benefit if your current job is well paying and going well... Even though I applied for EAD, I am not planning to use it.. But just in case.. You never know WWW in US...
And when you invoke AC21.. You must have EAD in hand...
NB: WWW = Work Women Weather...
AC21 can be invoked by transferring H-1b.
Not much benefit if your current job is well paying and going well... Even though I applied for EAD, I am not planning to use it.. But just in case.. You never know WWW in US...
And when you invoke AC21.. You must have EAD in hand...
NB: WWW = Work Women Weather...
AC21 can be invoked by transferring H-1b.
RNANDIGAM1
01-15 08:55 PM
I strongly support filing I-485 without the priority date restriction.
I am not sure what is best on the long term basis. Where can INS decrease the processsing time with the existing format. What type of techniques or methods can change the existing GC processing format so the time required for a petetion to go through decreases significantly?
I am not sure what is best on the long term basis. Where can INS decrease the processsing time with the existing format. What type of techniques or methods can change the existing GC processing format so the time required for a petetion to go through decreases significantly?
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cam23
06-24 08:44 PM
Hi All
I worked for a company A till July 2006. Company A had applied for my Green Card using RIR process. I got my Labor certification approved and company A applied for I-140.
In August 2006 company B acquired company A. Company B moved me to a different physical location and different state.
Company B amended my I-140 application filed by Company A to preserve the priority date. Now company B is planning to file I-485 for this ongoing I-140 application.
My Questions:
Is there any risk for I-140 application since company B amended I-140 application filed by Company A?
I am asking so as company B moved me to a different state and labor used to file amended I-140 was based on company A and its location.
I worked for a company A till July 2006. Company A had applied for my Green Card using RIR process. I got my Labor certification approved and company A applied for I-140.
In August 2006 company B acquired company A. Company B moved me to a different physical location and different state.
Company B amended my I-140 application filed by Company A to preserve the priority date. Now company B is planning to file I-485 for this ongoing I-140 application.
My Questions:
Is there any risk for I-140 application since company B amended I-140 application filed by Company A?
I am asking so as company B moved me to a different state and labor used to file amended I-140 was based on company A and its location.
more...
Anders �stberg
May 19th, 2004, 02:00 PM
I've been thoroughly unsuccessful trying to guess what they want to see. Not that any of the chosen finalists have been bad, I've just wondered how some entries could have been left out. The criteria seem a bit mysterious or arbitrary, so... I'll just shoot something/anything for fun, and if it suits the jury - cool. :)
InTheMoment
06-19 03:07 PM
See below
Hi,
I am planning to do concurrent filing on my PERM LC.
1. When will I get my AP/EAD? Will I get it only after I-140 is approved or I-140 approval does not matter?
I-140 approval not necessary.
2. Can I do premium processing on my I-140 in the concurrent filing?
Yes, absolutely!
3. Does premium processing available if another I-140 is already pending based on my LC Sub?
No, you cannot file another I-140 in PPS when another is already pending as per USCIS premium processing conditions.
Please reply.
Thanks
Hi,
I am planning to do concurrent filing on my PERM LC.
1. When will I get my AP/EAD? Will I get it only after I-140 is approved or I-140 approval does not matter?
I-140 approval not necessary.
2. Can I do premium processing on my I-140 in the concurrent filing?
Yes, absolutely!
3. Does premium processing available if another I-140 is already pending based on my LC Sub?
No, you cannot file another I-140 in PPS when another is already pending as per USCIS premium processing conditions.
Please reply.
Thanks
more...
vikki76
04-17 09:30 PM
I have made lot of one-time donations in past. Wouldn't mind to upgrade to donor status- what are the steps ?
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Ramba
08-19 04:17 PM
Is it possible to convert or interfile an existing EB based I-485 application to FB based I-485?
I have pending I-485 through an approved I-140 (EB). PD is not current. I recently got married and my spouse is a US Citizen. We are considering pursueing FB application. Reading through the forums I gather that my spouse has to file I-130 and I file for I-485. My question is regarding I-485.
If I have to file for a new I-485, what happens to the existing one? Do I have to get new medical exam? Can I use existing AP, EAD or can I use EAD/AP that I currently have from my EB based application?
If an interfiling is possible, when should this be done - concurrently along with I-130 filing or we have to wait till I-130 is approved? Also what is the procedure for "interfiling"?
Which option is better?
I think you need not file any new 485 based on the approval of I-130. Once the I-130 is approved, you need to notify the USCIS (where your 485 is pending) that your new I-130 will be the underlying approved immigration petition for the pending 485. Perhaps, some lawyers may answer for the exact procedure to do that.
I have pending I-485 through an approved I-140 (EB). PD is not current. I recently got married and my spouse is a US Citizen. We are considering pursueing FB application. Reading through the forums I gather that my spouse has to file I-130 and I file for I-485. My question is regarding I-485.
If I have to file for a new I-485, what happens to the existing one? Do I have to get new medical exam? Can I use existing AP, EAD or can I use EAD/AP that I currently have from my EB based application?
If an interfiling is possible, when should this be done - concurrently along with I-130 filing or we have to wait till I-130 is approved? Also what is the procedure for "interfiling"?
Which option is better?
I think you need not file any new 485 based on the approval of I-130. Once the I-130 is approved, you need to notify the USCIS (where your 485 is pending) that your new I-130 will be the underlying approved immigration petition for the pending 485. Perhaps, some lawyers may answer for the exact procedure to do that.
more...
martinvisalaw
06-15 05:07 PM
I hope this helps
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hopefulgc
09-22 11:06 AM
you forgot one...
start a campaign to have USCIS count the time you spent waiting for GC to be counted towards the meaningless 5 yrs wait
After 4.5 years, you can file for Naturalization. You may want to keep a tab on which companies you worked for, period, pay etc starting from the day you entered in USA, keep copies of all previous W2 in safe place. Also, prepare a spreadsheet of when you were out of the country starting from the day you entered here. All the above will be required while filling up forms for naturalization.
Visit other forums/threads to see what is required and prepare for it. you have long time to go though.
Good luck.
GCCovet
start a campaign to have USCIS count the time you spent waiting for GC to be counted towards the meaningless 5 yrs wait
After 4.5 years, you can file for Naturalization. You may want to keep a tab on which companies you worked for, period, pay etc starting from the day you entered in USA, keep copies of all previous W2 in safe place. Also, prepare a spreadsheet of when you were out of the country starting from the day you entered here. All the above will be required while filling up forms for naturalization.
Visit other forums/threads to see what is required and prepare for it. you have long time to go though.
Good luck.
GCCovet
more...
desimass77
06-10 08:10 AM
Hi Attorney,
Can someone please guide me in what direction or steps do I need to take in my situation.
My Situation:
Dentist working in a Non-Profit organization for 4yrs.
EB3
PD: Aug 2006
LC - Approved
140 - Approved
485 - Filed Aug 2007
485 RFE for EVL - Submitted.
EAD (2yr) and AP - Approved
After submission of RFE, I got accepted into a 2yr speciality program that is one of a kind and I have been waiting to get into this for a long time, and it is like a dream getting accepted.
I am presently in the program and I received the following update.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: This case is now pending at the office to which it was transferred.
The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.
I will be starting to work with the sponsoring employer from July 2009 on a part-time basis. My relation and communication with the sponsoring employer is very good.
I am planning to join the sponsoring employer after my 2yr program and my employer is willing to accept me, but they cannot provide a future job offer as they cannot say if there will be a job opening.
I am sure I will be called in for an interview. I have exhausted my 6yrs of H1B and presently working on EAD.
I am little concerned for the interview, as I do not work full time and do not have a future job offer. But, since I am working part-time with the sponsoring employer, will that help to prove that 485 was a legitamate.
I would greatly appreciate if someone could please throw some info.
Thanks for your time.
Can someone please guide me in what direction or steps do I need to take in my situation.
My Situation:
Dentist working in a Non-Profit organization for 4yrs.
EB3
PD: Aug 2006
LC - Approved
140 - Approved
485 - Filed Aug 2007
485 RFE for EVL - Submitted.
EAD (2yr) and AP - Approved
After submission of RFE, I got accepted into a 2yr speciality program that is one of a kind and I have been waiting to get into this for a long time, and it is like a dream getting accepted.
I am presently in the program and I received the following update.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: This case is now pending at the office to which it was transferred.
The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.
I will be starting to work with the sponsoring employer from July 2009 on a part-time basis. My relation and communication with the sponsoring employer is very good.
I am planning to join the sponsoring employer after my 2yr program and my employer is willing to accept me, but they cannot provide a future job offer as they cannot say if there will be a job opening.
I am sure I will be called in for an interview. I have exhausted my 6yrs of H1B and presently working on EAD.
I am little concerned for the interview, as I do not work full time and do not have a future job offer. But, since I am working part-time with the sponsoring employer, will that help to prove that 485 was a legitamate.
I would greatly appreciate if someone could please throw some info.
Thanks for your time.
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kaisersose
07-17 11:08 PM
This is where the lawyer comes in. Or someone who has been through this can describe his experience.
As long as your resume and experience letters match you with the Labor, you are good. eb3 is less riskier than eb2.
For peace of mind, you can get a second opinion from another attorney by having him match your profile with the substituted Labor.
As long as your resume and experience letters match you with the Labor, you are good. eb3 is less riskier than eb2.
For peace of mind, you can get a second opinion from another attorney by having him match your profile with the substituted Labor.
more...
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h1techSlave
02-23 08:51 PM
My employer participates in e-verify and we have several employees in H1/EAD/OPT etc. No issues so far.
Since lawyers are opposing e-verify, e-verify should be good for us. ;);)
Since lawyers are opposing e-verify, e-verify should be good for us. ;);)
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h1bee
09-19 10:29 AM
@itsmesabby: No this was my stamping after my first extension. It was cancelld at Kolkata consulate.
@vban2007: Are you sure that I can do a transfer? Or should a fresh H1B be filed by the new employer?
@vban2007: Are you sure that I can do a transfer? Or should a fresh H1B be filed by the new employer?
more...
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gcwanter
07-03 10:09 AM
as far as what i heard from lawyer
the case to be done by AILA will probably pick up a few cases in particular. But the whole lot who probably applied and will apply in July and get rejected stand to benefit. So my lawyer also advised me to file
bigger question was ; are these applications actually getting rejected?
it will be good to get some directions from IV core as to what are the pros and cons of this..
the case to be done by AILA will probably pick up a few cases in particular. But the whole lot who probably applied and will apply in July and get rejected stand to benefit. So my lawyer also advised me to file
bigger question was ; are these applications actually getting rejected?
it will be good to get some directions from IV core as to what are the pros and cons of this..
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dhesha
04-15 04:24 PM
LC Sub/EB2 with PD June 2001 filed on July 27 with RD of Sept 8 got approved y'day. 140 filed on July 5th was approved on jan. no RFE, all were smooth.
I was afraid because of my last years on L1B and filed H1b though this year quota and not sure if i'm lucky to have a number lottery. This gave me major relaxation.
Best of luck you all.
Had 1 Soft LUD on Jan 31 on 485 application.
USCIS is doing a great job thank to IV to make these possible.
NJoy the USCIS broken system of LC SUB buddy.
We (Non-LC-SUB) are not so lucky and are stuck for more than 8 years in it and still no hope.
Nothing against you -- its just that you need to be lucky to take the right decision otherwise you will be punished like many of us.
I was afraid because of my last years on L1B and filed H1b though this year quota and not sure if i'm lucky to have a number lottery. This gave me major relaxation.
Best of luck you all.
Had 1 Soft LUD on Jan 31 on 485 application.
USCIS is doing a great job thank to IV to make these possible.
NJoy the USCIS broken system of LC SUB buddy.
We (Non-LC-SUB) are not so lucky and are stuck for more than 8 years in it and still no hope.
Nothing against you -- its just that you need to be lucky to take the right decision otherwise you will be punished like many of us.
more...
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ns33
03-18 04:36 PM
Hello,
Assuming a 40 hr/week position, a person works 2080 hours per year. The Annual Salary for a $46/hr position is $95680/year.
Also, if you only have annual salary for the new position, you could convert to hourly by dividing by 2080.
But I wouldn't even worry about all this. Just send in the annual salary figure (just for your own satisfaction make sure it is more than $46 per hour) and USCIS will figure out the rest.
Hope that helps.
Actually if you factor in 10-12 holidays and about 20 VC days it will come to roughly 1824 hours a year or roughly 152hr/month avg.
Assuming a 40 hr/week position, a person works 2080 hours per year. The Annual Salary for a $46/hr position is $95680/year.
Also, if you only have annual salary for the new position, you could convert to hourly by dividing by 2080.
But I wouldn't even worry about all this. Just send in the annual salary figure (just for your own satisfaction make sure it is more than $46 per hour) and USCIS will figure out the rest.
Hope that helps.
Actually if you factor in 10-12 holidays and about 20 VC days it will come to roughly 1824 hours a year or roughly 152hr/month avg.
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Munshi75
12-25 01:40 PM
My take on this issue is that , for a non-profit institution the minumun wage determination for LCA is not based on the market rate but infact depends on the internal salary rate for the employees in the same organization at similar levels .
Hope this helps.
A
Hope this helps.
A
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panky72
07-20 10:33 PM
Hi
Can someone let me know if we can go a PCP and take medication for INH for 9 months for a positive skin test and negative x-ray.
Or it is a rule that we need to go only to local county health dept.
-Rao.
PCP should be ok. Make sure you get a letter from your PCP after the completion of treatment.
Can someone let me know if we can go a PCP and take medication for INH for 9 months for a positive skin test and negative x-ray.
Or it is a rule that we need to go only to local county health dept.
-Rao.
PCP should be ok. Make sure you get a letter from your PCP after the completion of treatment.
IV2007
07-19 02:53 PM
Anybody out there recieved reciepts for filing I-485 on July 2nd '07 from NSC ?
-shree
-shree
grupak
08-15 11:03 AM
I have been asked filled out a new I-9 form; I mailed it to my employer along with the copy of approval notice and plastic card.
Thanks Wandmaker. Its clear (I think) what to do if you have the plastic... but what if you only have the approval notice I-797 (not the physical green card) and new EAD/H1B (which is not useful now), and need to file a I-9 because the old one is expiring.
Consider a hypothetical situation : current EAD expires August 20, I-9 expires August 20, have a new EAD valid from August 21 for one more year. And also have an approval notice for the green card but no green card yet. If the plastic doesn't come by Aug 20th, can the I-797 for the green card be used to file I-9 and continue employment? The new EAD is probably not valid anymore.
Thanks Wandmaker. Its clear (I think) what to do if you have the plastic... but what if you only have the approval notice I-797 (not the physical green card) and new EAD/H1B (which is not useful now), and need to file a I-9 because the old one is expiring.
Consider a hypothetical situation : current EAD expires August 20, I-9 expires August 20, have a new EAD valid from August 21 for one more year. And also have an approval notice for the green card but no green card yet. If the plastic doesn't come by Aug 20th, can the I-797 for the green card be used to file I-9 and continue employment? The new EAD is probably not valid anymore.
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