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 She has used AC21 to port to same or similar job, but he previous EB3 I-140 has not been revoked.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 She has used AC21 to port to same or similar job, but he previous EB3 I-140 has not been revoked.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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Prashanthi
05-27 05:19 PM
In order to do this, she will have to leave the country and apply for a H-1b consular processing. Get a new visa and come back into the county on H-1. She cannot file for a change of status to H-1 from AOS.
B3NKobe
05-22 04:50 AM
The duck hunt is the best :D:D
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martinvisalaw
08-10 06:43 PM
How much time did the attorney ask for on the I-129 and LCA? If either is just one year, then there's no basis for appeal. CIS did nothing wrong.
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redddiv
07-11 10:23 AM
Mention the source... No need for more rumours..
Some news are saying the Senator and the House are about to introduce seperate immigration bills. Do we still have any chances this year? Should it be easier to pass a seperate bill that may be more or less favorable to our legal immigrants?
Some news are saying the Senator and the House are about to introduce seperate immigration bills. Do we still have any chances this year? Should it be easier to pass a seperate bill that may be more or less favorable to our legal immigrants?
sodh
07-25 02:20 PM
Yes
I second that.
I second that.
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stebbinsd
01-18 07:51 PM
EDIT: Sorry, double post.
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p_kumar
06-20 03:37 PM
This is the height of foolishness.trying to get US Citizen a green card....:rolleyes:
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heywhat
06-07 10:54 AM
I do not think being on h1b on only 6 month would be an issue. if he is going to take care of all expenses of their visit, he would have show enough saving + salary to support them.
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thescadaman
08-08 12:40 PM
Hi all,
My wife is on F-1 Visa and is planning to graduate in Dec 07. I have applied for I-485 for both of us in last week of July. Can she Under-Enroll for Fall 2007 as that will be her graduating semester?
I understand that once I-485 is filed, the F-1 Visa candidate cannot make any F-1 related changed (transfer, extend, OPT) since that person has shown immigration intent. What about under enrollment in graduating semester? My wife called her school and they said that they have to internally approve her under enrollment by looking at her Plan of Study, graduation application etc.. The approval is given internally and INS is not involved in the approval process. It�s just that after the approval, the school has to inform INS about what they did.
Does it mean, it�s Okay to under enroll? Any inputs on this will be appreciated.
My wife is on F-1 Visa and is planning to graduate in Dec 07. I have applied for I-485 for both of us in last week of July. Can she Under-Enroll for Fall 2007 as that will be her graduating semester?
I understand that once I-485 is filed, the F-1 Visa candidate cannot make any F-1 related changed (transfer, extend, OPT) since that person has shown immigration intent. What about under enrollment in graduating semester? My wife called her school and they said that they have to internally approve her under enrollment by looking at her Plan of Study, graduation application etc.. The approval is given internally and INS is not involved in the approval process. It�s just that after the approval, the school has to inform INS about what they did.
Does it mean, it�s Okay to under enroll? Any inputs on this will be appreciated.
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laksmi
02-07 01:46 PM
Call uscis at 1-800-375-5283 and fallow the instructions to talk with the representative
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vaishnavilakshmi
07-16 10:38 AM
Hello all,
Plz close this thread! or change the title of this thread!It is confusing us!And moreover this info is already in "HUGE Development likely to happen in next 24hours"thread!
vaishu
Plz close this thread! or change the title of this thread!It is confusing us!And moreover this info is already in "HUGE Development likely to happen in next 24hours"thread!
vaishu
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chetansharma703
10-20 06:58 AM
Hello,
I got here on K-1 visa on 05/03/2010. Got married 07/03/2010. Got my SSN and applied for I-485, I-765 within the timeline. Received RFE for co-sponsor as my wife's salary wasn't enough. Her dad was suppose to do it but stepped back. When we filed I 485 & I 765 we also sent the I864A form which is a contract between the household member and the sponsor. But now we did not send it cuz we have moved out. She lost her job just one day before we responded to RFE but we still sent her work documents cuz they were already in motion as when we applied for it we sent her work info. My friend co-sponsored and we responded to RFE within the timeline. Received an update that the decesion will be made in 60 days. Not sure they will approve it because my co-sponsor's salary is only $24,000 per annum. The question is, if they deny then we will apply for MTR and they deny that too then do I have to leave from USA because I can't leave my wife like that cuz she has nobody after me here as she already got seperated from her family too as I did. We are very young. I am 23 and she is 19. We got married to have a dream to live together forever. I can't take her back with me to India cuz she is highly lactose intolerance person, doctors said she might die if she goes there cuz our food is 99% dairy. Please help...
I got here on K-1 visa on 05/03/2010. Got married 07/03/2010. Got my SSN and applied for I-485, I-765 within the timeline. Received RFE for co-sponsor as my wife's salary wasn't enough. Her dad was suppose to do it but stepped back. When we filed I 485 & I 765 we also sent the I864A form which is a contract between the household member and the sponsor. But now we did not send it cuz we have moved out. She lost her job just one day before we responded to RFE but we still sent her work documents cuz they were already in motion as when we applied for it we sent her work info. My friend co-sponsored and we responded to RFE within the timeline. Received an update that the decesion will be made in 60 days. Not sure they will approve it because my co-sponsor's salary is only $24,000 per annum. The question is, if they deny then we will apply for MTR and they deny that too then do I have to leave from USA because I can't leave my wife like that cuz she has nobody after me here as she already got seperated from her family too as I did. We are very young. I am 23 and she is 19. We got married to have a dream to live together forever. I can't take her back with me to India cuz she is highly lactose intolerance person, doctors said she might die if she goes there cuz our food is 99% dairy. Please help...
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toronto1999
08-12 11:56 AM
I can't find, can you give a link? Thanks!
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pappu
08-20 03:39 PM
Work travel prevents me from attending the DC rally on the 18th (was going to attend on the 13th), but if anyone is hesitating on whether to go due to funds, i offer $200 if you promise to attend. Send me a private message!
Thanks. Send a note to KanMe about this
Thanks. Send a note to KanMe about this
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psam
09-13 07:30 PM
Sorry for posting on this thread. But I do not know how to open a new thread. How does one do that?
I am trying to get an appointment with US consulate in Vancouver with no luck for past 2 weeks. Checking multiple times a day doesnt help. Is there any particular time, I should look out for?
Thanks for your response.
I am trying to get an appointment with US consulate in Vancouver with no luck for past 2 weeks. Checking multiple times a day doesnt help. Is there any particular time, I should look out for?
Thanks for your response.
more...
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greyhair
06-15 11:38 AM
It is 1 million reen cards every year. If you add up family based, lottery, asylum EB etc., it all comes to around 1 million.
Out of 140K EB green cards, only half the green cards actually go to high skilled immigrants. The other half go to the spouses and children of high skilled immigrants. So out of 140K, less than half of these green cards are actually allocated to the high skilled EB immigrants.
Out of 140K EB green cards, only half the green cards actually go to high skilled immigrants. The other half go to the spouses and children of high skilled immigrants. So out of 140K, less than half of these green cards are actually allocated to the high skilled EB immigrants.
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eilsoe
10-21 01:15 AM
cross yer eyes mdipi :)
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PHANI_TAVVALA
12-15 02:47 PM
If she is currently on F-1 and if she wants to maintain F-1 when she comes back she will need to go to the embassy and get her F-1 visa. If she enters U.S on old unexpired H4-Visa her F-1 visa becomes invalidated and she won't qualify for OPT/CPT etc.
deafTunes123
10-15 01:03 PM
October 13, 2008 (Computerworld) A recent review of 246 H-1B visa applications by U.S. Citizenship and Immigration Services (USCIS) found that 21% contained fraudulent information or "technical violations" of federal laws and regulations.
The violation rate was even higher in cases involving computer professionals. Twenty-eight of the 104 that were examined, or 27%, had violations of some sort, according to a USCIS report that was finalized in September and publicly released last week by Sen. Chuck Grassley (R-Iowa).
USCIS investigators examined a random sample of the nearly 97,000 H-1B petitions filed in late 2005 and early 2006. They found problems such as forged signatures, fake degrees and the use of shell companies in applications. Other issues were discovered during visits to work sites. For instance, some employers "benched" H-1B holders when work wasn't available or had them doing jobs that weren't listed on their visa applications, the report said.
Fraud indicators
* Businesses with 25 or fewer employees and revenue of less than $10 million had higher rates of H-1B fraud than larger companies did, the USCIS said.
* Of 114 cases involving workers from India, 25% were found to involve fraud or technical violations. No other countries had statistically valid samples.
The report's authors called the level of fraud a "significant vulnerability" for the H-1B program and wrote that the USCIS is making "procedural changes" in response to the findings. An agency spokesman said Friday that possible steps include checking applications against external records and using fraud indicators to flag petitions for increased scrutiny.
Source::
http://www.computerworld.com/action/article.do?command=printArticleBasic&taxonomyName=Legislation%2FRegulation&articleId=327957&taxonomyId=70
The violation rate was even higher in cases involving computer professionals. Twenty-eight of the 104 that were examined, or 27%, had violations of some sort, according to a USCIS report that was finalized in September and publicly released last week by Sen. Chuck Grassley (R-Iowa).
USCIS investigators examined a random sample of the nearly 97,000 H-1B petitions filed in late 2005 and early 2006. They found problems such as forged signatures, fake degrees and the use of shell companies in applications. Other issues were discovered during visits to work sites. For instance, some employers "benched" H-1B holders when work wasn't available or had them doing jobs that weren't listed on their visa applications, the report said.
Fraud indicators
* Businesses with 25 or fewer employees and revenue of less than $10 million had higher rates of H-1B fraud than larger companies did, the USCIS said.
* Of 114 cases involving workers from India, 25% were found to involve fraud or technical violations. No other countries had statistically valid samples.
The report's authors called the level of fraud a "significant vulnerability" for the H-1B program and wrote that the USCIS is making "procedural changes" in response to the findings. An agency spokesman said Friday that possible steps include checking applications against external records and using fraud indicators to flag petitions for increased scrutiny.
Source::
http://www.computerworld.com/action/article.do?command=printArticleBasic&taxonomyName=Legislation%2FRegulation&articleId=327957&taxonomyId=70
cantonsale10@gmail.com
02-14 07:20 PM
Hi Friends,
I work for Company A from the year 2003 on H1-B Visa and here is my details
Priority Date : Aug 2004 (EB3-I)
I-140 Approved date : Jan 2007
I-485 Filed date : July 2007
Currently using : H1-B (8 th year running)
EAD & AP : I have both EAD & AP but not using it at this stage.
Now i got an offer from Company B but they can accept only EAD or GC with Good salary and position. I am really tired of getting low salary with company A as they started taking advantage of me.
Now if i use EAD card to move to company B (by using AC21) and once i get a green card (don't know when ??) do i have to come back to company A and work for one or two years as GC is for future employment ? Is there any rule like this ?
I am also planning to have my personal attorney after moving to Company B to take care of AC 21 and other communications.
I am not sure Company A will allow me to move at this stage and i cannot waste my life with this company for a low salary so i want to move and make some progress in my life.
Have any of you moved like this and got GC ? Will there be any issues ?
Please advise.
I work for Company A from the year 2003 on H1-B Visa and here is my details
Priority Date : Aug 2004 (EB3-I)
I-140 Approved date : Jan 2007
I-485 Filed date : July 2007
Currently using : H1-B (8 th year running)
EAD & AP : I have both EAD & AP but not using it at this stage.
Now i got an offer from Company B but they can accept only EAD or GC with Good salary and position. I am really tired of getting low salary with company A as they started taking advantage of me.
Now if i use EAD card to move to company B (by using AC21) and once i get a green card (don't know when ??) do i have to come back to company A and work for one or two years as GC is for future employment ? Is there any rule like this ?
I am also planning to have my personal attorney after moving to Company B to take care of AC 21 and other communications.
I am not sure Company A will allow me to move at this stage and i cannot waste my life with this company for a low salary so i want to move and make some progress in my life.
Have any of you moved like this and got GC ? Will there be any issues ?
Please advise.
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