dreamworld
06-21 01:41 PM
There is 180 days rule for h1b without pay and also it is employers responsibility to pay when you are out of project. Also think about option of switching her back to h4.
Looks like you need a clear advise on this. Please consult with an attorney.
Looks like you need a clear advise on this. Please consult with an attorney.
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Ind-Can
01-04 12:24 PM
Hello All,
I got my US green card in EB3-I category through consular processing after an interview in Montreal, Canada in 2004.
My PD is 29 March 2002. My family could not accompany me to the interview and hence they did not get their green cards at that time. I wanted to schedule an interview for them since 2008 and the Montreal Consulate informed me that my PD is not current. This is somewhat strange as I have already got my Green card in 2004. I have tried all options but everyone tells me that I have to wait till my PD becomes current. I am not a US citizen yet. The way EB3-I is going it will be easily another year till my PD becomes current. (The PD date has moved by 1 month in the last 6 months)
I will appreciate if anyone has any suggestions for me.
Thank You!
I got my US green card in EB3-I category through consular processing after an interview in Montreal, Canada in 2004.
My PD is 29 March 2002. My family could not accompany me to the interview and hence they did not get their green cards at that time. I wanted to schedule an interview for them since 2008 and the Montreal Consulate informed me that my PD is not current. This is somewhat strange as I have already got my Green card in 2004. I have tried all options but everyone tells me that I have to wait till my PD becomes current. I am not a US citizen yet. The way EB3-I is going it will be easily another year till my PD becomes current. (The PD date has moved by 1 month in the last 6 months)
I will appreciate if anyone has any suggestions for me.
Thank You!
geniousatwork
03-31 05:15 PM
I believe your sister can apply for you int he 4th Family based category.
Below is the family based catgory, you can find this in any visa bulletin too.
FAMILY-SPONSORED PREFERENCES
First: Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference.
Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent
Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:
A. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.
Third: Married Sons and Daughters of Citizens: 23,400, plus any numbers not required by first and second preferences.
Fourth: Brothers and Sisters of Adult Citizens: 65,000, plus any numbers not required by first three preferences.
I am not very sure if dual application is possible.
Below is the family based catgory, you can find this in any visa bulletin too.
FAMILY-SPONSORED PREFERENCES
First: Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference.
Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent
Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:
A. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.
Third: Married Sons and Daughters of Citizens: 23,400, plus any numbers not required by first and second preferences.
Fourth: Brothers and Sisters of Adult Citizens: 65,000, plus any numbers not required by first three preferences.
I am not very sure if dual application is possible.
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newtoearth
09-09 11:23 AM
:confused:I am on my 5th Year H1B here with employer A
My GC PD (EB2-I) Mar 2008 I140 approved with Employer A
Currently I filed for the H1B extension with Employer A, it is in processing (for 3 years)
Now
I got an offer from my client (Employer B) for a permanent position
1. Can I apply for H1B transfer to Employer B while the Employer A extension is pending?
2. If I apply transfer to Employer B, after Employer A Extension is approved, will I get 3 years extension?
3. Can I port my PD (As I have approved I140 with Employer A) to my GC process with Employer B?
4. Are there any other complications & Risks?
Please give me the information
:confused::confused:
My GC PD (EB2-I) Mar 2008 I140 approved with Employer A
Currently I filed for the H1B extension with Employer A, it is in processing (for 3 years)
Now
I got an offer from my client (Employer B) for a permanent position
1. Can I apply for H1B transfer to Employer B while the Employer A extension is pending?
2. If I apply transfer to Employer B, after Employer A Extension is approved, will I get 3 years extension?
3. Can I port my PD (As I have approved I140 with Employer A) to my GC process with Employer B?
4. Are there any other complications & Risks?
Please give me the information
:confused::confused:
more...
Blog Feeds
04-09 09:30 AM
Immigration Visa Attorney Blog Has Just Posted the Following:
http://www.immigrationvisaattorneyblog.com/Magnify%20Glass.jpgIn our blog of yesterday (http://www.immigrationvisaattorneyblog.com/2010/04/border-guards-will-finally-use.html), 1 April 2010, we mentioned the new screening procedures at US ports of entry (POE). Fong & Chun's clients travel a great deal, passing through Los Angeles and other immigration ports of entry. As lawyers to so many travelers, we try to provide accurate information about border issues. We have learned a little more about the new screening protocol.
In the past, all citizens of certain countries believed to be supporters of terrorism would all be scrutinized indiscriminately. Cuba, Iran, Iraq, Pakistan, Saudi Arabia, Somalia, and Sudan are widely believed to have been on this list of soi-disant unfriendly countries. Citizens of other countries -- perceived as "friendly" to the USA -- would be subject to less scrutiny.
The new POE screening procedures use intelligence-based threat assessments. This information will be applied to all persons arriving at a POE, including Americans. If border guards have intelligence that -- let's pretend for a moment -- a university-age male student from Africa might be trying to engage in dangerous activity, then the border guards would be on the lookout for university-age male students from Africa. In contrast, university-age male students from, say, Malaysia, M�xico, Moldova, Monaco, or Myanmar would not be subject to the same scrutiny.
This new, intelligence-based approach makes the most of the information provided by US intelligence sources without painting everyone with an indiscriminately broad brush. --jcf
More... (http://www.immigrationvisaattorneyblog.com/2010/04/all-travelers-subject-to-revie.html)
http://www.immigrationvisaattorneyblog.com/Magnify%20Glass.jpgIn our blog of yesterday (http://www.immigrationvisaattorneyblog.com/2010/04/border-guards-will-finally-use.html), 1 April 2010, we mentioned the new screening procedures at US ports of entry (POE). Fong & Chun's clients travel a great deal, passing through Los Angeles and other immigration ports of entry. As lawyers to so many travelers, we try to provide accurate information about border issues. We have learned a little more about the new screening protocol.
In the past, all citizens of certain countries believed to be supporters of terrorism would all be scrutinized indiscriminately. Cuba, Iran, Iraq, Pakistan, Saudi Arabia, Somalia, and Sudan are widely believed to have been on this list of soi-disant unfriendly countries. Citizens of other countries -- perceived as "friendly" to the USA -- would be subject to less scrutiny.
The new POE screening procedures use intelligence-based threat assessments. This information will be applied to all persons arriving at a POE, including Americans. If border guards have intelligence that -- let's pretend for a moment -- a university-age male student from Africa might be trying to engage in dangerous activity, then the border guards would be on the lookout for university-age male students from Africa. In contrast, university-age male students from, say, Malaysia, M�xico, Moldova, Monaco, or Myanmar would not be subject to the same scrutiny.
This new, intelligence-based approach makes the most of the information provided by US intelligence sources without painting everyone with an indiscriminately broad brush. --jcf
More... (http://www.immigrationvisaattorneyblog.com/2010/04/all-travelers-subject-to-revie.html)
smaram1
09-21 11:03 PM
I had Mar 05 PD through RIR but lost it as i never applied for I140. 4 other guys from my company are in the same boat as mine...
Current PD is Oct 05 through PERM...
By the way i dont think we can ever find the count between Jan 05 - Mar 05 through this thread...Data from FOIA request would be more helpful
Current PD is Oct 05 through PERM...
By the way i dont think we can ever find the count between Jan 05 - Mar 05 through this thread...Data from FOIA request would be more helpful
more...
gc28262
06-16 06:11 PM
If you have the receipt no for I-140, you can request it by FOIA
USCIS Freedom of Information Act (FOIA) and Privacy Act (PA) Contact:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=7b21d0676988d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a1 RCRD
(http://www.state.gov/m/a/ips/)
USCIS Freedom of Information Act (FOIA) and Privacy Act (PA) Contact:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=7b21d0676988d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a1 RCRD
(http://www.state.gov/m/a/ips/)
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ANDAHD1
11-01 08:38 AM
I am currently on OPT (Optional Practical Period) which is one year work authorization after completing my masters degree which started in Fed 2010 and valid for one year, and I got married to a US citizen in June 2010 (she is a born US citizen) and we applied for neutralization and our interview was scheduled in Oct 2010, But the thing is my wife was hiding one fact that she was married before and was divorced in 1999 She did not told me this until the interview was schedule with the fear of loosing me as she lied to me from the beginning when we first meet back in Aug 2007 and she continued with same lie with the fear of loosing me if she tells me the truth and assuming I will never find out about it, but later after the immigration interview was scheduled she told me the truth thinking something might go wrong and could land me in trouble and we went to court to get the divorce papers surprisingly the divorce was not finalized and after doing the paper work the divorce is now finalized.
Since we applied for immigration when her first marriage divorce was not finalized our application becomes invalid so we withdraw our application and we received an acknowledgement for the same.
Now that our marriage is valid and can apply for it again, but now my questions are.....
1. I don�t understand what is my current status? Am I still considered as a student? Shall I apply for H1B Visa in premium process as my OPT expired in Feb 2011?
2. Can I continue to be a Foreign Student (F1 Visa Status) after my OPT expired in Feb 2011.
3. Shall I reapply for Change of Status again with new application? With new papers??
4. While I was a student I worked on Cash is that going to be a problem for me??
Please Advise, and let me know If there any questions related to the above case.
Thanks
A
Since we applied for immigration when her first marriage divorce was not finalized our application becomes invalid so we withdraw our application and we received an acknowledgement for the same.
Now that our marriage is valid and can apply for it again, but now my questions are.....
1. I don�t understand what is my current status? Am I still considered as a student? Shall I apply for H1B Visa in premium process as my OPT expired in Feb 2011?
2. Can I continue to be a Foreign Student (F1 Visa Status) after my OPT expired in Feb 2011.
3. Shall I reapply for Change of Status again with new application? With new papers??
4. While I was a student I worked on Cash is that going to be a problem for me??
Please Advise, and let me know If there any questions related to the above case.
Thanks
A
more...
bayoubengal
12-16 02:07 PM
This is for EB2 row. and whats the visa bulletin's priority dates.?
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auvrm
05-18 06:18 PM
(I'm a new member to this forum)
My H1B extension was approved for only 6 months, based on the SOW (Client Contract) end date (rather than the usual 3 year extension).
I would be just about in my maternity leave for the pregnancy during the petition expiry and if my further extension is denied (god forbid), I was told that I would be terminated from my employers' payroll and I have to leave the country or change my status to Student, Visitor etc.
FYI: I'm working for this company since Oct 2005.
Is there any law that prohibits termination of a worker during her PREGNANCY DISABILITY LEAVE (MATERNITY LEAVE) Or FMLA (Family and Medical Leave) on the basis that the USCIS didn't approve the petition (god forbid)?
My H1B extension was approved for only 6 months, based on the SOW (Client Contract) end date (rather than the usual 3 year extension).
I would be just about in my maternity leave for the pregnancy during the petition expiry and if my further extension is denied (god forbid), I was told that I would be terminated from my employers' payroll and I have to leave the country or change my status to Student, Visitor etc.
FYI: I'm working for this company since Oct 2005.
Is there any law that prohibits termination of a worker during her PREGNANCY DISABILITY LEAVE (MATERNITY LEAVE) Or FMLA (Family and Medical Leave) on the basis that the USCIS didn't approve the petition (god forbid)?
more...
glosrfc
11-09 08:44 PM
Should I? I do kinda like the this._x button....haha
http://www.pi.pwp.blueyonder.co.uk/test/buttons/geek-this.jpg
Great competition though...I had a lot of fun with this one!
http://www.pi.pwp.blueyonder.co.uk/test/buttons/geek-this.jpg
Great competition though...I had a lot of fun with this one!
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gc28262
12-30 02:42 PM
Please see my answers below.
Hi - I am on 7th Year of my H1. My I-140 has been approved. My I-485 is pending for while plus my PD is not current as of Jan 09. In this case...
a) Am I eligible to apply for H1 extension (I don't want to use EAD)?
Yes, you can apply for H1 extension when I-485 is pending
b) If Yes, will I get 1 Year or 3 Years?
Once I-140 is approved, you will get an extension for 3 years.
Thanks for your help...
Hi - I am on 7th Year of my H1. My I-140 has been approved. My I-485 is pending for while plus my PD is not current as of Jan 09. In this case...
a) Am I eligible to apply for H1 extension (I don't want to use EAD)?
Yes, you can apply for H1 extension when I-485 is pending
b) If Yes, will I get 1 Year or 3 Years?
Once I-140 is approved, you will get an extension for 3 years.
Thanks for your help...
more...
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Blog Feeds
06-02 08:30 AM
Until now, new inmates booked into the San Diego County Sheriff’s Department had their fingerprints checked only for criminal history information. But now, each new inmate booked into one of the three largest jails in the County will now also have his or her fingerprints checked by the U.S. Department of Homeland Security’s (DHS) biometric system for any immigration record.
The San Diego County Sheriff’s Department is the first law enforcement organization in California to partner with the U.S. Immigration and Customs Enforcement (ICE) in their Secure Communities program. This comprehensive program is intended to streamline the process by which ICE determines if the screened inmate is a criminal alien, subject to automatic removal at the completion of his or her incarceration. Highest priority is given to inmate aliens who have been convicted of crimes such as rape, robbery, murder, kidnapping, and major drug offenses.
By implementing programs like Secure Communities in prison facilities and law enforcement organizations, ICE identified more than 221,000 potentially removable aliens incarcerated nationwide in fiscal year 2008. This fiscal year, the agency anticipates spending more than one billion to continue these programs. ICE currently partners with 50 counties and law enforcement agencies across the nation through the Secure Communities program and looks to expand the program to all law enforcement agencies throughout the United States.
More information about ICE's Secure Communities effort is available at www.ice.gov. Additional information about the San Diego County Sheriff’s partnership with ICE may be found at:
http://www.ice.gov/pi/nr/0905/090526sandiego.htm.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/uOdtj4TLpNE/)
The San Diego County Sheriff’s Department is the first law enforcement organization in California to partner with the U.S. Immigration and Customs Enforcement (ICE) in their Secure Communities program. This comprehensive program is intended to streamline the process by which ICE determines if the screened inmate is a criminal alien, subject to automatic removal at the completion of his or her incarceration. Highest priority is given to inmate aliens who have been convicted of crimes such as rape, robbery, murder, kidnapping, and major drug offenses.
By implementing programs like Secure Communities in prison facilities and law enforcement organizations, ICE identified more than 221,000 potentially removable aliens incarcerated nationwide in fiscal year 2008. This fiscal year, the agency anticipates spending more than one billion to continue these programs. ICE currently partners with 50 counties and law enforcement agencies across the nation through the Secure Communities program and looks to expand the program to all law enforcement agencies throughout the United States.
More information about ICE's Secure Communities effort is available at www.ice.gov. Additional information about the San Diego County Sheriff’s partnership with ICE may be found at:
http://www.ice.gov/pi/nr/0905/090526sandiego.htm.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/uOdtj4TLpNE/)
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sugaur
12-23 05:08 PM
169000 prosecutions, from estimate 12 million illegals. Lets see, around 0.01% !!! And please note the headline "IMMIGRATION ENFORCEMENT THROUGH THE ROOF"
Another biased article designed to garner support for illegal immigration while trying to lull others into thinking that there is a crack down against illegals!!!
Another biased article designed to garner support for illegal immigration while trying to lull others into thinking that there is a crack down against illegals!!!
more...
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sonu9
07-31 12:32 AM
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Janisaris
10-22 09:58 AM
I am in the same boat. Filed July 19th . As of Last Friday not in the system.
No checks cleared. All the guys who filed with me got their receipt last week from Texas. I am the only one remaining. My I140 was approved from NSC.
No checks cleared. All the guys who filed with me got their receipt last week from Texas. I am the only one remaining. My I140 was approved from NSC.
more...
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MyGCPath
10-23 01:37 PM
Guys/Guru's,
I need advice/thoughts from you on some of the questions below. Any response will be really appreciated.
1. Got my 485 approval and GC (phycical Card) in hand. What is next? Do I need to get a Infopass appointment and get stamped before any abroad travel?
2. Before receiving 485 approval, my wife and kid went on a Vacation(abroad). Their H4 visa expired on passport, but they have h4 extension/approval till 2010? I was thinking of sending them to H4 stamping, but now that I have 485 approval for them, What should I do? Just bring them here and show GC at port of entry? (Ofcourse, I'll take their GC go abroad and bring them back)?
3. Anything i should be aware or concern about these situation?
__________________
I need advice/thoughts from you on some of the questions below. Any response will be really appreciated.
1. Got my 485 approval and GC (phycical Card) in hand. What is next? Do I need to get a Infopass appointment and get stamped before any abroad travel?
2. Before receiving 485 approval, my wife and kid went on a Vacation(abroad). Their H4 visa expired on passport, but they have h4 extension/approval till 2010? I was thinking of sending them to H4 stamping, but now that I have 485 approval for them, What should I do? Just bring them here and show GC at port of entry? (Ofcourse, I'll take their GC go abroad and bring them back)?
3. Anything i should be aware or concern about these situation?
__________________
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fide_champ
03-15 08:34 AM
My father passed away recently and my mother wishes to travel with my wife and I on a visitor visa.
How can she apply for 10 year multiple entry visa? Can she return after the visa expires, after a month? Any experiences anyone can share? Are there any reasons why some visas get denied?
My wife and I are permanent residents and we want to know whether this is of any advantage/disadvantage.
Any pointers/info/help are much appreciated. I looked through the relevant IV threads and yes, they are informative but rules change all the time and I decided to just go ahead and post this thread to get the latest feedback.
Has your mother gotten US visitor visa before? The most important point is to prove to the consulate that your mom will return back from USA. To prove that you need to show some strong ties in your home country. Now that she is a widow it can work against her unless your siblings are still in india. All other things are secondary.
The number of years for the visa can range from 3 months to 10 years and it depends on how strong your mother's case is.
How can she apply for 10 year multiple entry visa? Can she return after the visa expires, after a month? Any experiences anyone can share? Are there any reasons why some visas get denied?
My wife and I are permanent residents and we want to know whether this is of any advantage/disadvantage.
Any pointers/info/help are much appreciated. I looked through the relevant IV threads and yes, they are informative but rules change all the time and I decided to just go ahead and post this thread to get the latest feedback.
Has your mother gotten US visitor visa before? The most important point is to prove to the consulate that your mom will return back from USA. To prove that you need to show some strong ties in your home country. Now that she is a widow it can work against her unless your siblings are still in india. All other things are secondary.
The number of years for the visa can range from 3 months to 10 years and it depends on how strong your mother's case is.
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vikramy
05-29 11:19 AM
My Wife got an RFE on her Medical. Her RFE is
A review of your file indicates that you submitted a medical examination completed by designated civil surgeon. however, the civil surgeon failed to complete the immunizations supplement to Form I-693.
Please return to the civil surgeon so that civil surgeon can administer appropriate vaccinations.
I know she did not take Measles Vaccine as it she was pregnant that time.
My wife is currently in India. My questions are
1) Does she need to go through complete medical examination again? will it be enough to just send documentation regarding missing vaccine. (There is no info given in RFE regarding what is incomplete)
2) can she do any thing about medical exam in India. I mean can she get a certificate from India?
3) can we ask for additional time to respond to RFE? If yes is it Advisable and safe? How much additional time can be requested?
4) If she has to travel back, she has to travel on AP as My H1 transfer is pending. So my question is what happens if her H4 gets approved before she comes here. Does she need to apply H4 again?
5) If my H1 transfer does not get approved till she comes back, My understanding is, once H4 gets approved it automatically overrides Parolee status. Am i correct?
6) while coming on AP what documents she need to carry. Does she need to have My employement letter, any thing else?
I appreciate any help about my questions.
A review of your file indicates that you submitted a medical examination completed by designated civil surgeon. however, the civil surgeon failed to complete the immunizations supplement to Form I-693.
Please return to the civil surgeon so that civil surgeon can administer appropriate vaccinations.
I know she did not take Measles Vaccine as it she was pregnant that time.
My wife is currently in India. My questions are
1) Does she need to go through complete medical examination again? will it be enough to just send documentation regarding missing vaccine. (There is no info given in RFE regarding what is incomplete)
2) can she do any thing about medical exam in India. I mean can she get a certificate from India?
3) can we ask for additional time to respond to RFE? If yes is it Advisable and safe? How much additional time can be requested?
4) If she has to travel back, she has to travel on AP as My H1 transfer is pending. So my question is what happens if her H4 gets approved before she comes here. Does she need to apply H4 again?
5) If my H1 transfer does not get approved till she comes back, My understanding is, once H4 gets approved it automatically overrides Parolee status. Am i correct?
6) while coming on AP what documents she need to carry. Does she need to have My employement letter, any thing else?
I appreciate any help about my questions.
ssdtm
11-20 07:03 PM
you should get receipt within a week, so there is not much difference in time.
You can join new co as soon as USCIS recieves your petition, but most people play safe and wait until the receipt notice arrives.
You can join new co as soon as USCIS recieves your petition, but most people play safe and wait until the receipt notice arrives.
GCSOON-Ihope
11-08 06:27 PM
Here is s tricky situation :
8th Year H1 extension applied by current company. Still in process, should be approved in Nov 2006.
Can I transfer to a new company using this H1 ?
There is nothing tricky, it is plain and simple: you want to switch jobs?
You have to apply for a new H1. You absolutely cannot use your current H1 to work any other job.
8th Year H1 extension applied by current company. Still in process, should be approved in Nov 2006.
Can I transfer to a new company using this H1 ?
There is nothing tricky, it is plain and simple: you want to switch jobs?
You have to apply for a new H1. You absolutely cannot use your current H1 to work any other job.
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