sachuin23
10-06 02:58 PM
Hi,
My company has started process of applying for my Green card in EB2 category. However, attorney has some issues with that.
I joined my company on a post completion OPT based on completion of course work in January 09. At that time I was MS thesis student and had to just defend my thesis. However later in Feb, because of some differences with my adviser, I converted to MS Non thesis and graduated in May 2009 with the course work that I had completed in Dec 08. In all respects, I had completed all coursework requirements for my degree prior to Dec 2008. My company's attorney recently told me that this may be a problem for an EB2 case as I joined company before I graduated with MS.
I have all documents available with me that all course work for the degree was completed before I joined the company.
I am bit worried. Can some one advise me on this? I will be grateful.
Thanks
My company has started process of applying for my Green card in EB2 category. However, attorney has some issues with that.
I joined my company on a post completion OPT based on completion of course work in January 09. At that time I was MS thesis student and had to just defend my thesis. However later in Feb, because of some differences with my adviser, I converted to MS Non thesis and graduated in May 2009 with the course work that I had completed in Dec 08. In all respects, I had completed all coursework requirements for my degree prior to Dec 2008. My company's attorney recently told me that this may be a problem for an EB2 case as I joined company before I graduated with MS.
I have all documents available with me that all course work for the degree was completed before I joined the company.
I am bit worried. Can some one advise me on this? I will be grateful.
Thanks
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amitg
08-07 01:07 PM
what is a US consulate package service?
caydee
01-04 04:21 PM
I believe you question has been answered here:
FREE EB Immigration Advice from a Lawyer | Read more (http://immigrationvoice.org/forum/showthread.php?p=207273#post207273) | Hear the Recording (http://immigrationvoice.blogspot.com/)
I have filed 485 for all my family members and received the EAD and AP(s). FP is not done yet. My daughter is in 1st year undergrad. Is there a way my daughter's 485 status can be maintained, if I join my daughter for MBBS study in India? If yes, what would be the option. Apreciate the suggestion
FREE EB Immigration Advice from a Lawyer | Read more (http://immigrationvoice.org/forum/showthread.php?p=207273#post207273) | Hear the Recording (http://immigrationvoice.blogspot.com/)
I have filed 485 for all my family members and received the EAD and AP(s). FP is not done yet. My daughter is in 1st year undergrad. Is there a way my daughter's 485 status can be maintained, if I join my daughter for MBBS study in India? If yes, what would be the option. Apreciate the suggestion
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bekugc
12-04 06:35 PM
i think at re-entry for the 485 pending /AP applicants, there is a POSSIBILITY that the officers could question you bout ur existing employment. For such cases people r adviced to carry the current employers letter along with copy of 485 receipt for safety sake.
with that in mind, if all possible, using ur EAD(after that 180 day rule) , get a job may be collect a paystub or 2 , get a letter and then use the AP.
in many other forums, pple have shared info such as "officer asked me if im still employed with the same employer who filed for GC." etc etc . its better to carry something atleast to prove that when asked.
with that in mind, if all possible, using ur EAD(after that 180 day rule) , get a job may be collect a paystub or 2 , get a letter and then use the AP.
in many other forums, pple have shared info such as "officer asked me if im still employed with the same employer who filed for GC." etc etc . its better to carry something atleast to prove that when asked.
more...
panky72
07-25 11:35 AM
Dear friends,
I received card production e-mail today.
My PD June 2007, RD Oct 2007. No REFEs. EB1 India.
Thanks for all the help and good counsel.
Lesson from this experience: Learn to handle delays. Take things in your stride. Do not make GC as end of your life. We can work anywhere and be happy, though US is a preferred destination.
In this process, I made so many friends and learned to heed others views and good advice.
Will continue to work for IV.
Congratulations
I received card production e-mail today.
My PD June 2007, RD Oct 2007. No REFEs. EB1 India.
Thanks for all the help and good counsel.
Lesson from this experience: Learn to handle delays. Take things in your stride. Do not make GC as end of your life. We can work anywhere and be happy, though US is a preferred destination.
In this process, I made so many friends and learned to heed others views and good advice.
Will continue to work for IV.
Congratulations
kcforgc
04-09 11:26 PM
Your H1B is tied to your current company. If your new employer wants to hire you, they have to file a separate H1B for you.
So your answer should be. "I need H1B sponsorship to work."
Thank You!!
So your answer should be. "I need H1B sponsorship to work."
Thank You!!
more...
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Shevchuk
04-25 12:26 PM
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up_guy
03-07 12:34 PM
A hypothetical, but important debate on worst case scenario in changing job using AC21
================================================== ======
Assume changing jobs using AC21 has some risk, debate is what is that risk. I am not expecting response like pack up and leave back to home country as I already know that. I am interested serious debate from people who used AC21 and bought houses and simulated in American culture and have family reasons to stay in US.
Lets assume USCIS send some RFE and rejected 485 that new job was not same or similar. Now -
a) How many days I have to leave country ?
b) After the rejection of adjustment of status how many days I have to wrap up my current job or I must leave it same day when rejection letter received from USCIS ?
b) After those number of days can one acquire visitor's visa for up to six months to pack up stuff, house and family on the ground of rejection of adjustment of status?
c) Can one change status to some non immigrant visa such as new H-1B or F-1 by traveling back and reentering to USA ?
d) After the rejection of adjustment of status can one still port priority date in a new green card processing ?
f) I am also interested to hear feedback on what one can do to mitigate the risk of Ac21(I already know that use attorney's advise when changing job or donot change the job)
================================================== ======
Assume changing jobs using AC21 has some risk, debate is what is that risk. I am not expecting response like pack up and leave back to home country as I already know that. I am interested serious debate from people who used AC21 and bought houses and simulated in American culture and have family reasons to stay in US.
Lets assume USCIS send some RFE and rejected 485 that new job was not same or similar. Now -
a) How many days I have to leave country ?
b) After the rejection of adjustment of status how many days I have to wrap up my current job or I must leave it same day when rejection letter received from USCIS ?
b) After those number of days can one acquire visitor's visa for up to six months to pack up stuff, house and family on the ground of rejection of adjustment of status?
c) Can one change status to some non immigrant visa such as new H-1B or F-1 by traveling back and reentering to USA ?
d) After the rejection of adjustment of status can one still port priority date in a new green card processing ?
f) I am also interested to hear feedback on what one can do to mitigate the risk of Ac21(I already know that use attorney's advise when changing job or donot change the job)
more...
mnkaushik
07-12 03:15 PM
There was a rule change couple or three years ago that you need to apply I 140 within 6 months of your labour approval. So yes, if thats what your lawyer means by labour expiration.
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ak_2006
05-10 01:22 PM
Demand Data Used in the Determination of Employment Preference Cut-Off Dates
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
India EB2 Reduced from 13,300 to 10,425 i.e. 2875 allocated for only EB2 I.
China EB2 Reduced from 3,900 to 3,675 i.e 225 allocated for only EB2 C.
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
India EB2 Reduced from 13,300 to 10,425 i.e. 2875 allocated for only EB2 I.
China EB2 Reduced from 3,900 to 3,675 i.e 225 allocated for only EB2 C.
more...
MArch172008
07-02 12:42 PM
Labour applyed March 17 2008
Labour approved May 23rd 2003
I140 applyed June 6th 2008
while applying I140 wife name is not mentioned on the 140 petition.
any clue what problem i am in ?
Labour approved May 23rd 2003
I140 applyed June 6th 2008
while applying I140 wife name is not mentioned on the 140 petition.
any clue what problem i am in ?
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apravi
12-06 05:24 PM
Immigration experts,
Please help me to get out of this confusion.
My H4-H1 Adjustment of status is approved and i have Advance parole and EAD with me through my husbands i485 application.I need to travel to india in jan/feb 2008 for 2-3weeks.I may not be able to go for stamping at that time.My H4 visa stamp is valid till sep2008.My H1 approval notice is valid till sep2010.
My question is,can i travel to india and come back without H1 stamping using Advance parole?If i come in using Advance parole can i work again on H1 or do i need to use EAD?
Thanks in advance.
Please help me to get out of this confusion.
My H4-H1 Adjustment of status is approved and i have Advance parole and EAD with me through my husbands i485 application.I need to travel to india in jan/feb 2008 for 2-3weeks.I may not be able to go for stamping at that time.My H4 visa stamp is valid till sep2008.My H1 approval notice is valid till sep2010.
My question is,can i travel to india and come back without H1 stamping using Advance parole?If i come in using Advance parole can i work again on H1 or do i need to use EAD?
Thanks in advance.
more...
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slowwin
05-20 09:04 AM
This question is for an attorney:
My spouse's case is this: She has applied for AOS I-485 (India) based on an underlying EB3 I-140 (PD feb. 2007) petition during July 2007. At that time she had also applied for an EB2 NIW self petition, which was recently approved in April 2009.
Two issues arise now:
a) The PD date of the newly approved I-140 is August 2007.How do we inform USCIS to capture previously approved EB3 I-140's PD. She has used AC21 to port to same or similar job, but he previous EB3 I-140 has not been revoked. Is it possible to capture previous PD?
b) Do we have to send new I-485's or can we ask USCIS to interile newly approved EB2 NIW I-140 to the already submitted I-485s. If yes, how do we do that ?
Thanks for the help.
slowwin
My spouse's case is this: She has applied for AOS I-485 (India) based on an underlying EB3 I-140 (PD feb. 2007) petition during July 2007. At that time she had also applied for an EB2 NIW self petition, which was recently approved in April 2009.
Two issues arise now:
a) The PD date of the newly approved I-140 is August 2007.How do we inform USCIS to capture previously approved EB3 I-140's PD. She has used AC21 to port to same or similar job, but he previous EB3 I-140 has not been revoked. Is it possible to capture previous PD?
b) Do we have to send new I-485's or can we ask USCIS to interile newly approved EB2 NIW I-140 to the already submitted I-485s. If yes, how do we do that ?
Thanks for the help.
slowwin
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cel_tic
08-16 02:27 PM
Hello,
I need an urgent information. My visa stamping in my passport got expired, but I have valid I-797 document. I am planning to have my visa restamping in India. I came to know that with expired visa stamp we can not travel via UK and France. Can you please advice if I can travel via Frankfurt, Germany? or do I need to get a Transit Visa.
Anyone who has travelled through Germany with expired H1B visa stamp?
I have to travel within a week and I would appreciate your advice.
TIA
I need an urgent information. My visa stamping in my passport got expired, but I have valid I-797 document. I am planning to have my visa restamping in India. I came to know that with expired visa stamp we can not travel via UK and France. Can you please advice if I can travel via Frankfurt, Germany? or do I need to get a Transit Visa.
Anyone who has travelled through Germany with expired H1B visa stamp?
I have to travel within a week and I would appreciate your advice.
TIA
more...
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bestin
10-24 08:16 AM
Hi
This is my first post and I would like to know if there will be any issue if the name on SSN & EAD not matching?
i.e.
My Name On
FirstName MiddleName LastName
SSN is : RAMAKRISHNA PRASAD BARU
LastName FirstName MiddleName
EAD is : BARU RAMAKRISHNA P
Thanks and appreciate for your help in advance.
Whats wrong with this.Ur last name is still Baru .In my old L2 EAD I see c,a b where c is my last name ,a my first name and b my middle initial.There should be a comma after your lastname in EAD card right?U r OK.
This is my first post and I would like to know if there will be any issue if the name on SSN & EAD not matching?
i.e.
My Name On
FirstName MiddleName LastName
SSN is : RAMAKRISHNA PRASAD BARU
LastName FirstName MiddleName
EAD is : BARU RAMAKRISHNA P
Thanks and appreciate for your help in advance.
Whats wrong with this.Ur last name is still Baru .In my old L2 EAD I see c,a b where c is my last name ,a my first name and b my middle initial.There should be a comma after your lastname in EAD card right?U r OK.
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perm_res_app
07-29 03:51 PM
Thanks for your answers.
more...
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dhirajgrover
01-18 03:14 PM
Refer: https://egov.immigration.gov/crisgwi/go?action=coa
USCIS Online Change of Address
Introduction
Customers who have an application and/or petition which has been filed with USCIS but has not yet been decided (also known as a 'pending' case) should notify USCIS of any change of address as soon as possible after moving.
The law requires nearly all non-U.S. Citizens1 to report a change of address within 10 days of moving by completing a Form AR-11. Abiding by these legal requirements and completing the necessary forms does not update an address on any applications or petitions pending with USCIS. Non-citizens with pending cases must do both.
Most customers can now notify USCIS to change their address on a pending case online here on our website. Non-citizens can also now complete the Form AR-11 online here on our website.
If you choose to change your address online using our Online Change of Address Notification tool, you will need to have some information available. Please have the following information available before you begin:
* Your receipt notice or other notice we sent you showing your receipt number (if you have a pending case with USCIS).
* Your new address
* Your old address
* If you have filed a petition for a family member, please have the names and biographical information for that person.
* When you last entered the United States (if you cannot remember this information please fill in an approximate date)
* Where you last entered the United States (through what port of entry you entered - whether by land, sea or air)
USCIS Online Change of Address
Introduction
Customers who have an application and/or petition which has been filed with USCIS but has not yet been decided (also known as a 'pending' case) should notify USCIS of any change of address as soon as possible after moving.
The law requires nearly all non-U.S. Citizens1 to report a change of address within 10 days of moving by completing a Form AR-11. Abiding by these legal requirements and completing the necessary forms does not update an address on any applications or petitions pending with USCIS. Non-citizens with pending cases must do both.
Most customers can now notify USCIS to change their address on a pending case online here on our website. Non-citizens can also now complete the Form AR-11 online here on our website.
If you choose to change your address online using our Online Change of Address Notification tool, you will need to have some information available. Please have the following information available before you begin:
* Your receipt notice or other notice we sent you showing your receipt number (if you have a pending case with USCIS).
* Your new address
* Your old address
* If you have filed a petition for a family member, please have the names and biographical information for that person.
* When you last entered the United States (if you cannot remember this information please fill in an approximate date)
* Where you last entered the United States (through what port of entry you entered - whether by land, sea or air)
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uma001
06-14 02:42 PM
Since there is a mad rush of i485 applications , USCIS is going to do lottery to select applications for approval.Rest of them will be rejected.
Just kididng guys, take it easy.
Just gave a thought about it. USCIS can do anything. People who got rejection in H1b lottery feeling bad still.
Just kididng guys, take it easy.
Just gave a thought about it. USCIS can do anything. People who got rejection in H1b lottery feeling bad still.
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ursnkk
11-21 02:03 PM
Hi,
Thanks very much for taking up my question ,
I got my visa from employer X in the year 2003 and travelled to US in jan 2004 immigration officials denied my port of entry saying employer X is non-existent and cancelled my visa and told to with draw my application and they have written 212(a)(c)(i)(i) on my passport.I went back to my home country and worked over there for 3 yrs. After sometime i got an offer from some employer Y,they have filed for my H1B and approved.
When i went for visa to US Consulate visa officer told me that am ineligible for the H1B visa. I have explained them what exactly happened in 2004.
VisaOfficer has asked to appeal for waiver using the form I-601,after my appeal to the USCIS, consulate has given the visa.I came to US in 2007 and working for same employer B .I applied for extension under the same employer B,got an RFE asking to submit aggrement b/w the client and the vendor,the requested documents are sent. After that USCIS sent NOID(Notice of Intent to Deny),gave the reason as :
In January 2004 the beneficiay applied for admission as an H1 B Worker for company X.Under oath the beneficiary stated he never signed a contract with the petitioning company X,the petition company was found not to exist. Therefore, the beneficiary was found inadmissible under 212(A)(6)(C)(I) and 212(A)(7)(A)(I)(I) and permanently ineligible for the H1 Classification.
USCIS has again came back with the same issue of my previous H1 B.
I have been in US from 2007 June with employer Y ,after going through all the process in the year 2007 USCIS has issued my visa.
Please advice me on this, any help fully appreciated.
Thank you again for your anticipated cooperation in this matter.
Thanks very much for taking up my question ,
I got my visa from employer X in the year 2003 and travelled to US in jan 2004 immigration officials denied my port of entry saying employer X is non-existent and cancelled my visa and told to with draw my application and they have written 212(a)(c)(i)(i) on my passport.I went back to my home country and worked over there for 3 yrs. After sometime i got an offer from some employer Y,they have filed for my H1B and approved.
When i went for visa to US Consulate visa officer told me that am ineligible for the H1B visa. I have explained them what exactly happened in 2004.
VisaOfficer has asked to appeal for waiver using the form I-601,after my appeal to the USCIS, consulate has given the visa.I came to US in 2007 and working for same employer B .I applied for extension under the same employer B,got an RFE asking to submit aggrement b/w the client and the vendor,the requested documents are sent. After that USCIS sent NOID(Notice of Intent to Deny),gave the reason as :
In January 2004 the beneficiay applied for admission as an H1 B Worker for company X.Under oath the beneficiary stated he never signed a contract with the petitioning company X,the petition company was found not to exist. Therefore, the beneficiary was found inadmissible under 212(A)(6)(C)(I) and 212(A)(7)(A)(I)(I) and permanently ineligible for the H1 Classification.
USCIS has again came back with the same issue of my previous H1 B.
I have been in US from 2007 June with employer Y ,after going through all the process in the year 2007 USCIS has issued my visa.
Please advice me on this, any help fully appreciated.
Thank you again for your anticipated cooperation in this matter.
pani_6
08-18 05:29 PM
I had applied for my I-140 to seek an extension from Oct-09 to OCT-10..Instead I recieved an I-140 with expiry date of Oct-09 itself..what to do now..I know its a genuine mistake..but not sure how to get that addressed..:confused:
belmontboy
04-12 03:21 PM
Hello,
I am looking for somebody who has an approved I140 in Eb2 category around Los Angeles area. I might be able to help. Los Angeles area only.
Thank you.
Help with what???
I am looking for somebody who has an approved I140 in Eb2 category around Los Angeles area. I might be able to help. Los Angeles area only.
Thank you.
Help with what???
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