Sunday, June 19, 2011

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  • natrajs
    08-23 12:54 PM
    It is very unlikely to get a RFE for this

    I hope you don't get it, Try to get the Duplicate ASAP




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  • Sakthisagar
    04-15 08:35 AM
    Most of the above documnets were optional 2 years back, but now it become compulsory in all these, Workorder/SOW and PO is very much necessary, for an approval, Since this is a Premium Processing, there are chances of getting an RFE, asking for original contract between client and the vendor, at that time you can ask the Final Vendor or Client to send or Fax the contract directly to USCIS. And ask your attorney to mention in a covering letter in the RFE that the contract is sent by your Vendor Attorney thru mail or fax,

    Last year I had the same situation, on Premuim Processing, and I got the above RFE, and got an year extension, this year I am proactive I am applying for normal processing, 6 months back. with all the above documents.toatl (10 years in US)

    Good Luck to you and let us enlighten us, what happened to your case.

    Prayers to everyone who are in this difficult phase of life extending the H1B.

    May GOD Bless




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  • gultie2k
    07-02 09:19 PM
    Thanks for your replies.

    My original H1 expired last week. And I do have EAD. But need to bring my spouse in few months on H4. So can i use my EAD while H1 MTR is filed. And then go back on H1.




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  • anoopraj2010
    07-30 11:11 PM
    First of all, lets hope nothing happens to you. At this time i suggest waiting, something might come up later this year or early next year with reference to making use of unused visa numbers, if this happens, your wifes date will become current and her I-485 will get approved. Unfortunately the petition dies with the petitioner. However in the case of family based I-130 petitions, The Attorney General may in his discretion reinstate the approval of your family-based visa. The Attorney General may exercise favorable discretion where "for humanitarian reasons revocation would be inappropriate." 8 C.RR. Sec. 205.1(a)(3)(i)(C).

    Thank you for your valuable input.
    So in other words, visa numbers for the entire family are NOT assigned right away with the family if one has to go for an interview. The worst part was that the interview was due to a missing medical which was filed by us but misplaced by USCIS.

    Re. 8 C.RR. Sec. 205.1(a)(3)(i)(C) is for Family based visa, hers is EB based (piggy backing on mine) Does this mean I should really consider filing a 130 to convert to family based?

    Congressman can't help in ending this "humanitarian" trauma while I am still alive?



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  • validIV
    04-16 11:46 AM
    See my answers in red

    I did not wan to create a separate thread since I have similar questions:

    My situation:

    US pharmD graduating in may 09
    H1B approved ( start oct 09)
    OPT not approved yet
    Married to F-1
    child born in US
    Country- Gabon (both)
    city- nashville TN
    Company-CVS


    Facts:

    My company told me I qualify for GC sponsoring after 90 days of full time as pharmacist and to just buzz them when I am ready. I will be full time rx on my OPT, which shoudl come out before graduation.
    I pass my boards in June, I should be go to go for GC filing as soon as October.

    Questions:

    1. is changing address within the same city affect GC procress? Its not a big deal, people do it all the time. Its a two step process, much easier if you have a lawyer file your applications since they will usually get copies of all correspondences with USCIS and they will take care of this for you. If you are self filing, you will need to take care of both steps yourself. See this: https://egov.uscis.gov/crisgwi/go?action=coa

    2. What r the pros and cons of filing GC that early into employment?The earlier the better. The CVS guy told me usually people prefer to wait longer before filing for GC. why? Corporations and businesses do not make it a habit to file GC/PERM apps for their employees if they are only temp or on probationary periods. Normally when they hire someone, they are on probation with the company for a year or so. If they like your work they will keep you and file your application for permanent residency. So normally businesses dont file your GC app until after 6 or 12 months. With CVS, consult your supervisor what the standard filing procedure is. Do not overstep the company policies and file yourself. You need them to file it for you when they are ready and willing.

    3. When GC filing start can I include my husband from the start with his F1 status or do we have to switch him to H4 status first?. Does not matter what status your husbands is in as long as it is valid. You can research the pros and cons of H4 vs F1 yourself, that alone is another thread's worth of discussion. You specifiy your husband as a dependant of your GC application usually at the last step before your I485 approval, when your PD becomes current.

    4. any suggestion, that you think I can benefit from on how to approach is welcomed. I 've been F1 for 5-6 years now..just looking forward to ending my life as an international student, but I don't want to rush into things out of ignorance. I was in the same boat as you, coming from F-1 to H-1. You are doing the right thing by expanding your knowledge base and asking people. Work hard at what you do and follow up once your application is filed. With the economy the hardest part is finding a job that will sponsor H-1 but youve already gone beyond that point.




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  • mashu
    05-28 04:58 PM
    Hi everybody,

    please help - the lawyer filed the original EAD/AP applications.

    Now I want to renew it myself - Should I fill an additional form (G - something for changing representation)
    if I am filing paper EAD/AP forms???

    Thanks....



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  • laksmi
    02-08 10:23 AM
    How much is the renal fee for EAD any idea is it $340 (like a new application or �..) please let us know.




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  • radhagd
    01-13 09:43 PM
    To port PD from Eb3 to EB2, He does not require to qulify for EB2 before Nov 2001, He is eligible if he is qualified at time of filing EB2.



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  • andy garcia
    08-23 07:00 AM
    ... 160 views until now and no one offered any help yet :o
    please help :D


    Hi GCanyMinute;

    The PD only shows on the Approval Notice of the I140 . The I485 does not show any PD.

    thanks

    andy




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  • hebbar77
    04-26 01:11 AM
    -When do I have to raise Ac21?
    - with H1 transfer or after or is it not required legally?
    u can use AC21 in 2 ways.
    one -change employer with ur H1b
    two -change employer with EAD if you have one.
    EAD is not necessary for AC21. EAD is a way not to transfer H1b and change employer,but you will need to renew this every year, EAD is temp green card while on H1 status.
    If you pass 180 days after 485 filing , it will remain valid if your 140 is approved and is not revoked before 180 days from 485 filing.


    - Is it safe to transfer H1 (after 180days) without AC21?
    - How will it affect my 485?
    I dont think there is such a thing.
    -What are the docs to be collected from old employer?
    -Can I retail same lawyer for GC while H1 is taken care by new company lawyer?
    Dont know, Keep all 140 receipts/notices, 485 receipt notices, consult a lawyer( it will cost 100$ a 30 min session or so)



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  • kaisersose
    05-07 11:38 AM
    Just go to the doctor get a new set of paperwork for the vaccines he originally gave you.

    My wife did not take vaccines as she was pregnant. We were waiting for an RFE to get it done. We got the RFE last week, but there is nothing about medicals in there! Instead they have asked for a birth certificate copy - something that was already sent with the 485 app.




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  • Stan09
    07-16 11:37 AM
    Well, not quite.
    They cannot demand reimbursement for official filing fee, it's about $1500.
    But they can demand to compensate for other expenses - like, lawyer, paperwork, recruiting, relocation, accommodation etc etc. It's legal.
    And pretty often such a provision is enforceable. That is, they can sue you, and demand you to pay _way_ more in case of lawsuit.



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  • jcrajput
    10-02 11:11 AM
    I will need to refile I485 application for myself and my wife. It was rejeted in error from USCIS. I have question:

    Should I re-file with old fees or new fees? Any one can help me here?

    My application was originally filed at NSC on July 2nd.

    Thank you,




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  • grupak
    08-11 10:12 AM
    Notify the change of address - If USCIS finds out that you have moved and did not notify with in 10 days of your move then they have the power to revoke and deny your petition.

    wandmaker is correct.

    Updating USCIS using form AR-11 within 11 days is required by law. Can be done online, allows the option to update pending cases with a different mailing address such as PO Box that is different from the home address. AR-11 requires the actual physical home address.

    In any event, should call USCIS to confirm change of address on pending applications.



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  • dvb123
    11-21 10:57 AM
    Cubans and their family members need not wait in line to get green card.

    http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-22679.htm




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  • anilsal
    03-17 12:54 PM
    (I am not an attorney)


    File in EB1-OR. That has slightly lower requirements than EB1-EA. Since you are in research and have a job, you may have better success with EB1-OR. I guess maybe because EB1-OR does not have premium processing, you applied in EB1-EA? (http://bit.ly/dophyK)
    File regular PERM application. If your perm gets approved, then you can renew H1B in yearly increments. Once you get 140 approved, then you can renew at 3 year phases.

    I recall USCIS had 140 in premium processing if your H1B was expiring soon (in few months). Check up on that.

    NOTE: It seems for EB1-OR, the applicant has be in tenure or tenure-track position if working for an University.



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  • arnet
    10-29 12:47 PM
    the answer is no if principal applicant still maintains H1B and the person in H4 not using EAD to work.

    If prinicipal applicant changes uses EAD then the dependent H4 visa is no longer valid.

    It is better to carry all the immigration papers while you travel. you might not know when you will need those. I always suggest that any person while travelling or at POE (port of entry) should have original EAD+AP (if they have or atleast receipt notices), H4 documents,etc. eventhough they need it or not (or using it or not). it is better to have.

    I heard BUT NOT SURE ABOUT THE FOLLWOING, PLEASE CHECK WITH YOUR IMMIGRATION ATTRONEY, that if principal applicant is in H1B and if H4 person uses EAD for sometime and then went out of US and came back and at POE uses H4 visa stamping to enter US instead of AP then that person will be in H4 visa (it is not cancelled as the principal applicant is still in H1B) and they can convert again to EAD anytime later. Can anyone have any knowledge/experience about this?


    If a person on H4 applies for EAD, does it mean his/her H4 is no longer active. And now, he needs to carry AP while traveling?


    Please help...




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  • ggc
    08-16 05:43 PM
    Thank you all!. In my case only issue I can see is, when my wife travelled from India to US, at the port of entry customs check, they found some meat products. And they charged fine of $300 and we paid it. They also took copy of her passport and gave a letter (name is: Department of homeland security. U.S customs and border protection. Notice of alleged violation)

    It was my wife's mistake actually, she did not declared meat products in customs form.

    In the interview, if IO asks my wife about any violations or criminal records, does she has to give info on that port of entry incident? Will there be any negetive effects on this?




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  • lotsofspace
    01-08 05:03 PM
    Good point. I am just studying the trade off between "career" and "likability" of job or the job you love. I agree with you about money. I am not just for money or I do not want to be in rat race. (If money is the only goal we all can do real estate bussiness in India) After spending 10 years in engineering, I want to change the field. Even I am ready to go with little less than what I make now. . The main reason is I want to have just relaxing job, not much stress. At the same time it should be a longterm. I thought QA may be one of the field. I do not know yet it is a right thought.

    IF you are not in for money there are many stress less jobs than the ones you asked about. You can have stressful job in any field and same is true for the opposite. I know a lot many in engineering that have stress free jobs. Not sure what made you thinking that being SAP consultant is stress free.

    If you like teaching and don't have any criminal back ground consider teaching little kids. Most pleasant I can imagine. Work in post office.....VERY QUITE.....




    GCNirvana007
    10-08 04:14 PM
    I got my green card from Company A. During my labor process i renewed my H1B from Company B which expired last month.

    Right now who is my employer Company A or B or none of the above?.




    485Question
    10-30 07:27 PM
    http://immigrationvoice.org/forum/showthread.php?t=14756



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