Becks
02-17 04:51 PM
It has been discussed many many times in IV and most of us have expert (!) knowledge about this I guess. Anyway go for AC21 with H1 Transfer if your new company can transfer H1. Otherwise go for EAD since you wont have any option.
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martinvisalaw
06-29 10:30 AM
Thank you so much Elaine for your quick response..
So am I correct to assume that there is no need to renew the I-94 if one enters using the AP.. I am myself also planning to use my AP for re-entry later this year, but have the H1-B approval valid till 2011, so was a little confused as to if I would be needed to renew my new I-94 if it is issued for 1 year based on AP..
Your H-1B stays valid for as long as it is approved, even if you enter using AP.
So am I correct to assume that there is no need to renew the I-94 if one enters using the AP.. I am myself also planning to use my AP for re-entry later this year, but have the H1-B approval valid till 2011, so was a little confused as to if I would be needed to renew my new I-94 if it is issued for 1 year based on AP..
Your H-1B stays valid for as long as it is approved, even if you enter using AP.
perm2gc
11-10 10:54 AM
USCIS sends out three copies of the approval notice Form I797 A: Sent to the attorney on record, Form I797 B sent to the Petitioner and Form I797C sent to the beneficiary. Check the lower right hand corner of the notice you received for the form number. The B and C versions are courtesy copies. That is why if you look at the "documents needed" section for stamping of H1B in any of the Consulates or VFS sites they typically mention "original Form I797A"
Hope this helps.
Thks for the Info..I am aware only I-797 has two parts..
Hope this helps.
Thks for the Info..I am aware only I-797 has two parts..
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sundar99
02-18 01:14 PM
Hi,
Our recent exp :
My wife got her DL renewal in Jan, she teaches @ Univ of Calif as Asst Prof , on H1 visa - she is on 6th year, they did not ask any questions, we got extremely courteous service from DMV. She got 5 years renewal
Our recent exp :
My wife got her DL renewal in Jan, she teaches @ Univ of Calif as Asst Prof , on H1 visa - she is on 6th year, they did not ask any questions, we got extremely courteous service from DMV. She got 5 years renewal
more...
immig4me
09-07 08:40 AM
I assume that since you are currently in EB3, your current job description is different from the job description for which your company (if they agree) will initiate the EB2 PERM process for. Also, the EB2 PERM process will be for "future employment" for the different job position than the one you currently hold (I am assuming this, in the absence of any other data), so they might not need to let you go, if they get any responses.
If they get any responses to the EB2 advertisement, they will have to consider those applicants and provide them the same opportunity and diligence that they would to anyone applying for that position. If they do not find any of the applicants suitable for the position, they must have very strong and valid reasons why they cannot hire any of the respondents. Only in case they are unable to hire anyone of the respondents, can they even continue with the labor certification filing.
Also, many employers are fairly certain that they will get many responses to job advertisements and hence they do not want to go through the process for hiring a lawyer etc. etc. etc. and initiating the labor certification process for GC, when they can directly hire someone from the market.
Porting from EB3-EB2 seems to be riddled with obstacles.... not as easy as some suggest.... thank you for your response. A lot to think
If they get any responses to the EB2 advertisement, they will have to consider those applicants and provide them the same opportunity and diligence that they would to anyone applying for that position. If they do not find any of the applicants suitable for the position, they must have very strong and valid reasons why they cannot hire any of the respondents. Only in case they are unable to hire anyone of the respondents, can they even continue with the labor certification filing.
Also, many employers are fairly certain that they will get many responses to job advertisements and hence they do not want to go through the process for hiring a lawyer etc. etc. etc. and initiating the labor certification process for GC, when they can directly hire someone from the market.
Porting from EB3-EB2 seems to be riddled with obstacles.... not as easy as some suggest.... thank you for your response. A lot to think
milind70
08-15 08:34 AM
and since you applications are not being filed with I-485 you will have to pay the new fee.
I dont think that is the case please refer to question 37 in FAQ 3.
I dont think that is the case please refer to question 37 in FAQ 3.
more...
sathishkrish
05-19 08:05 PM
There is so much to read about the happenings around this topic. How are we faring so far? Thank you for all the hard work!
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Googler
07-17 07:06 PM
All,
USCIS and DOS had to correct the bulletin in response to tremendous public pressure because quite clearly the error was theirs.
We have to use this momentum to work out two root causes of this mess which are also completely due to USCIS and FBI inefficiency, and yet the consequences are borne by applicants:
(1) Visa Number Wastage: Fix Through Recapture
(2) Name Check Delays:
(a) More than 30 FBI analysts should be granted for the process
(b) Process itself streamlined -- are the Reference file checks really useful? See Ombudsmans 2007 report.
(c) More information on name check status should be made available easily -- we should not have to ask our Congresswoman or schedule an Infopass appointment just to find out (i) when our data was submitted to the FBI and (ii) at what stage we are stuck -- IBIS, Fingerprint or the Name Check itself
We should all keep calling Lofgren's office so that she does not let up the pressure on these root causes (after all Gonzalez himself acknowledges there is a bigger problem.). I thanked her for her work so far and also emphasized that these root causes are what she should really be going after.
And in case you want to sit back down and celebrate, I just want to point out that even if you manage to file, if these two things are not fixed there is no telling how many years (decade?) you will be waiting.
USCIS and DOS had to correct the bulletin in response to tremendous public pressure because quite clearly the error was theirs.
We have to use this momentum to work out two root causes of this mess which are also completely due to USCIS and FBI inefficiency, and yet the consequences are borne by applicants:
(1) Visa Number Wastage: Fix Through Recapture
(2) Name Check Delays:
(a) More than 30 FBI analysts should be granted for the process
(b) Process itself streamlined -- are the Reference file checks really useful? See Ombudsmans 2007 report.
(c) More information on name check status should be made available easily -- we should not have to ask our Congresswoman or schedule an Infopass appointment just to find out (i) when our data was submitted to the FBI and (ii) at what stage we are stuck -- IBIS, Fingerprint or the Name Check itself
We should all keep calling Lofgren's office so that she does not let up the pressure on these root causes (after all Gonzalez himself acknowledges there is a bigger problem.). I thanked her for her work so far and also emphasized that these root causes are what she should really be going after.
And in case you want to sit back down and celebrate, I just want to point out that even if you manage to file, if these two things are not fixed there is no telling how many years (decade?) you will be waiting.
more...
honge_kamyaab
02-01 12:33 PM
Is anyone here familiar with Canadian PR landing process. What does it mean
to "land"?
I got approved PR papers from Canada. They gave a deadline to land in Canada
before which I am planning to go to Canada. I work in US now and plan to return after landing. How many days does it take to complete this process.
Suggestions?
Thanks in advance.
to "land"?
I got approved PR papers from Canada. They gave a deadline to land in Canada
before which I am planning to go to Canada. I work in US now and plan to return after landing. How many days does it take to complete this process.
Suggestions?
Thanks in advance.
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blogger
06-24 10:01 AM
Hi, I'm a citizen of India got married to an Indian citizen in U.S in 2004 and got the marriage license from a county (It is important to note that a marriage license is valid only in the County in which it is issued). We did not marry under foreign act. Will this be considered as a valid marriage as per Indian marriage act? Please advice.
We are yet to get married in India. We are planning to apply I-485 with martial �single� independently because we can�t apply as married due to family reasons.
Will this cause any problem during background check?
We are yet to get married in India. We are planning to apply I-485 with martial �single� independently because we can�t apply as married due to family reasons.
Will this cause any problem during background check?
more...
Michael chertoff
08-04 03:09 PM
Someone gave me red for this post...i dont understant why???
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samrat_bhargava_vihari
02-05 04:12 PM
Guys,
Don�t spread false information if you don�t know.
Possibility -- Yes
Reusing the priority date for EB2 -- you may need to file one more I -140 for EB2 and then once approved with earlier priority date then you can proceed with 485 if current.
Some people are filing I-485 if any of their PD is current and trying to convince the service center. Check in immigrationportal.com you will find more information.
-------------
I am not a lawyer use this information at your own risk.
Don�t spread false information if you don�t know.
Possibility -- Yes
Reusing the priority date for EB2 -- you may need to file one more I -140 for EB2 and then once approved with earlier priority date then you can proceed with 485 if current.
Some people are filing I-485 if any of their PD is current and trying to convince the service center. Check in immigrationportal.com you will find more information.
-------------
I am not a lawyer use this information at your own risk.
more...
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fromnaija
10-26 11:35 AM
EAD is specifically authorization to work in the US. So in your situation, the answer is NO, you cannot use EAD for employment outside the USA. To work in another country and keep your green card process going, you will have to change your application from AOS to consular processing.
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s416504
08-13 02:29 PM
Thanks for Prompt reply.
My application got delivered at 11:31 & Received by B GERKENSMEYER.
Do u think I shoould file again using Lawyer before Aug 17?
My application got delivered at 11:31 & Received by B GERKENSMEYER.
Do u think I shoould file again using Lawyer before Aug 17?
more...
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qplearn
09-10 10:31 AM
Bravo!
That is exactly what we want the house members to know. Our lives are on hold; my wife cannot work, and I cannot move!
Also, a BIG THANK YOU for distancing ourselves from the H1B quota issue that the industry is after. That will get us nowhere in the house that struck it down last time from their bill.
Keep up the good work!
qplearn
That is exactly what we want the house members to know. Our lives are on hold; my wife cannot work, and I cannot move!
Also, a BIG THANK YOU for distancing ourselves from the H1B quota issue that the industry is after. That will get us nowhere in the house that struck it down last time from their bill.
Keep up the good work!
qplearn
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gc4arun
08-22 02:12 PM
Yes, am close.. Nov 17, 2003 Eb2 and waiting for sept 1st :) Had an interview last month
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eb3_nepa
02-12 11:34 AM
I am in Philadelphia so i would assume Vermont center. Is that a fair assumption, coz i have a previous I-140 and to the best of my knowledge it had gone to the Vermont center back then.
However back in the day there was no premium processing for I-140 so things may have changed :(
Has anyone in the North east USA recently received any approvals from the Vermont center?
However back in the day there was no premium processing for I-140 so things may have changed :(
Has anyone in the North east USA recently received any approvals from the Vermont center?
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arnet
11-07 12:53 PM
difficult to classify which company are good or bad, based on each one experience or interest they may like or may not like the company. some struck in a company due to retrogression too. if you are planning to switch company, decide based on your interest/family situation and see whether your future job can give you those. get help from your friends/jobsites like dice.com/monster.com/careerbuilder.com/hotjobs.com to see the job oppurtunities.....good luck.
Disclaimer: Use at your own risk...I'm not an immigration attroney so please consult for your situation as laws/procedures are changing.
Friends,
Can you all post the names of good consulting companies to work for. Let's create a list here.
Thanks,
Disclaimer: Use at your own risk...I'm not an immigration attroney so please consult for your situation as laws/procedures are changing.
Friends,
Can you all post the names of good consulting companies to work for. Let's create a list here.
Thanks,
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milind70
11-06 11:29 PM
If I stay with my GC sponser, can I then port the date? If so, when am I free to leave the company? Is it after the EB2 I140 is approved?
Thanks!
I think in the case you mentioned in your first post it will highly risky to use AC21 ,it would be advisable to be with the sponsoring employer till your 485 is approved. You have two labours and two 140s in different categories EB2 and EB3 processed .I think in your case please consult with a very good lawyer/attorney because immigrtaion laws are very complex and complicated,
not straight forward . If this was staright forward everyone who is EB3 would have converted or ported to EB2 and as I mentioned before documentation and employer support is a must . One of my friend went to his employer wanting to convert from EB3 to EB2 his employer( a reputed American Bank) refused point blank.
The point here is people reading this forum get mislead that porting is very easy and straightforward and simple . It is not ,if it was all would have filed in EB2 and not EB3 .EB2 has more checks and scrutinies and different requirements. Thats what I was told by my attorney. So consult an attorney before you go this route.
Thanks!
I think in the case you mentioned in your first post it will highly risky to use AC21 ,it would be advisable to be with the sponsoring employer till your 485 is approved. You have two labours and two 140s in different categories EB2 and EB3 processed .I think in your case please consult with a very good lawyer/attorney because immigrtaion laws are very complex and complicated,
not straight forward . If this was staright forward everyone who is EB3 would have converted or ported to EB2 and as I mentioned before documentation and employer support is a must . One of my friend went to his employer wanting to convert from EB3 to EB2 his employer( a reputed American Bank) refused point blank.
The point here is people reading this forum get mislead that porting is very easy and straightforward and simple . It is not ,if it was all would have filed in EB2 and not EB3 .EB2 has more checks and scrutinies and different requirements. Thats what I was told by my attorney. So consult an attorney before you go this route.
checklaw
07-19 11:31 AM
Enjoy! :) Only 5 files max allowed. Please follow up the next post.
Thanks. Very informative too.
Thanks. Very informative too.
dwhuser
06-15 11:24 PM
Oh! Thanks for the explanation. We will ask his old employer if he would give us the letter. Honestly I doubt.... if he can give the letter without an active payroll or a Purchase order for a future project. No harm in tring though.....
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