Archana_D
05-05 12:42 PM
Hi All,
I would like to know if porting an EB3 Labor & 140 to EB2 with the priority date is possible?
I am currently on h1b, I am planning to join a new company and I qualify for EB2 category.
Is it possible to port priority date of my EB3 to EB2?? with my new employer?
Thanks.
I would like to know if porting an EB3 Labor & 140 to EB2 with the priority date is possible?
I am currently on h1b, I am planning to join a new company and I qualify for EB2 category.
Is it possible to port priority date of my EB3 to EB2?? with my new employer?
Thanks.
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wandmaker
01-02 02:48 PM
Why should the employer hold your salary? If you had any agreement for paying back cost of your GC processing for leaving within a certain period, that would not hold any more (since last June such agreements are illegal)
No employer will write a direct agreement, you will have to payback the GC cost - instead they execute an agreement, employee should payback all the benefits (legal fees, service fee, tuition fee and etc)extended to him, if s/he leaves before X number of months/years - which is legal. Refer to one of the posts, http://immigrationvoice.org/forum/showpost.php?p=211373&postcount=3 , which has same opinion.
BTW, can you post the reference that states this kind of agreement is illegal - I would like to bookmark it, if one available.
No employer will write a direct agreement, you will have to payback the GC cost - instead they execute an agreement, employee should payback all the benefits (legal fees, service fee, tuition fee and etc)extended to him, if s/he leaves before X number of months/years - which is legal. Refer to one of the posts, http://immigrationvoice.org/forum/showpost.php?p=211373&postcount=3 , which has same opinion.
BTW, can you post the reference that states this kind of agreement is illegal - I would like to bookmark it, if one available.
nat23
03-27 02:53 PM
Guys,
My wife is a Canadian citizen, what is the process of getting a H4 for her? (I am on an H1-140 approved).
1)Do I file an app with USCIS?
2)Can she go apply at the US consulate in Canada?
What type of documents, forms are involved ?
The reason for this post is I was given conflicting info by my old lawyer.
Thanks
Your wife should take an appointment at the closest US Consulate. She and you should then look up the list of documents needed on the website of that US Consulate.
thats how I did it for my wife but she was from India.
hope this helps.
Cheers
Nat
My wife is a Canadian citizen, what is the process of getting a H4 for her? (I am on an H1-140 approved).
1)Do I file an app with USCIS?
2)Can she go apply at the US consulate in Canada?
What type of documents, forms are involved ?
The reason for this post is I was given conflicting info by my old lawyer.
Thanks
Your wife should take an appointment at the closest US Consulate. She and you should then look up the list of documents needed on the website of that US Consulate.
thats how I did it for my wife but she was from India.
hope this helps.
Cheers
Nat
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EkAurAaya
05-17 12:56 PM
I'm not a lawyer but my Mom was in the same situation accept she had GC back in the 70's and after that she moved to India and then used visitors visa to travel back and forth (couldn't travel every year) - My understanding is that once you use visitors visa to enter the country you automatically abandon your perm resident status (even though she never physically surrendered the GC).
She is now in the process of getting another 10 year visitor visa stamp, what I plan to do after that (through a lawyer) is request for info on her existing file under "right to know" laws, that will give information on her current state of GC... and then take it from there. Since I now have GC I'm thinking it would be easier to sponsor her in a few years then going through the process of reviving her GC (if thats even possible).
Hope this helps a little! if you plan to get info on her file make sure she has a good amount of time left on her visitors visa... so she can travel back and forth.
Good Luck! Share your experience :)
She is now in the process of getting another 10 year visitor visa stamp, what I plan to do after that (through a lawyer) is request for info on her existing file under "right to know" laws, that will give information on her current state of GC... and then take it from there. Since I now have GC I'm thinking it would be easier to sponsor her in a few years then going through the process of reviving her GC (if thats even possible).
Hope this helps a little! if you plan to get info on her file make sure she has a good amount of time left on her visitors visa... so she can travel back and forth.
Good Luck! Share your experience :)
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Blog Feeds
08-09 10:40 PM
As of July 24, 2009, approximately 44,900 H-1B cap-subject petitions have been received by U.S. Citizenship and Immigration Services (USCIS) and counted towards the H-1B cap. Approximately 20,000 petitions qualifying for the advanced degree cap exemption have been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits. The H-1B program allows foreign nationals to work for their U.S. sponsor employer in a specialty occupation that requires theoretical or technical expertise in specialized fields. This may include scientists, engineers, and commuter programmers to name a few. The cap count for H-1B fiscal year 2010 is available at www.uscis.gov (http://www.uscis.gov).
Call us at 214-999-9999 and Kraft & Associates will answer your H-1B questions.
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Call us at 214-999-9999 and Kraft & Associates will answer your H-1B questions.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/q6etIgCz4yY/)
number30
04-21 11:49 AM
I am married to GC holder who is becoming USC on April 30. so i am sending my AOS application on May 1. Dont you think i am still in status since my H1b extension petition is pending????
h1bdudue1
Yes you are in Status assuming that your H1 will be approved.
h1bdudue1
Yes you are in Status assuming that your H1 will be approved.
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Clive
03-06 05:28 PM
Hi all,
I am new to this thread. I have a bachelor degree in Applied Science in IT and got it in about 1 and half years because I got an points exemption from my advance diploma. I also have 7 years of IT working experience and currently hold a H1B1 visa. H1B1 and H1B are not the same thing. The question is can I apply for my GC in eb2 category?
Hope to hear from kind soul soon.
Thanks,
Clive
I am new to this thread. I have a bachelor degree in Applied Science in IT and got it in about 1 and half years because I got an points exemption from my advance diploma. I also have 7 years of IT working experience and currently hold a H1B1 visa. H1B1 and H1B are not the same thing. The question is can I apply for my GC in eb2 category?
Hope to hear from kind soul soon.
Thanks,
Clive
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chinna2003
07-03 09:01 AM
Since H-1 B is an employers petition, It will be delivered to the employers place of business, unless you used an attorney in which case the attorney will have it.
If the notice is lost in the email, you have to request a duplicate notice before you apply for visa at the consulate
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Approval notice sent.
On June 22, 2007, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
I have received mail from uscis for my H1B visa status.
What to do know.?
Will I receive mail in INDIA or my company who has filled H1B Visa will receive it ?
Today is 03 July 2007 still i have not received any courier from USCIS people.
Please help me what to do next.????
Warm Regards
NITIN
INDIA
If the notice is lost in the email, you have to request a duplicate notice before you apply for visa at the consulate
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Approval notice sent.
On June 22, 2007, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
I have received mail from uscis for my H1B visa status.
What to do know.?
Will I receive mail in INDIA or my company who has filled H1B Visa will receive it ?
Today is 03 July 2007 still i have not received any courier from USCIS people.
Please help me what to do next.????
Warm Regards
NITIN
INDIA
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chintu123
12-21 02:04 PM
Hi ,
Here is my scenario
H4 visa----oct-2007 to sept-2010
Entered US---oct--2008 on h4
Filed for h1---april 2009
H1 approved---aug 2009
Actually i had to start a project dated 12-oct'09 but unfortunately the project got cancelled.From then i have been looking for project but no luck.Currently i am in a dilemma regarding my status and course of action.I am thinking to change my status to H4 again by filing i-539.
The main problem is my employer did not run any payroll for me since oct-st(official kick off date afetr h1 COS approval) i did not have any project and when i ask him about that he says he can state that i will officially join the company in Jan 2010 and he will start running the payroll from jan 2010(irrespective of me getting a project and he says i have to pay half of my taxes from my pocket that the employer would be entitled to pay and he will pay the rest and cut it from my payroll once i get a project).I am totally in a state of confusion and do not want to take any risk anymore regarding my status and from the employer(he is taking advantage of my situation).
My questions are
1. How safe is it to apply COS at this point
2. If in case he starts running my payroll from Jan and still i dont land in a project even after couple of months can i go head and change my status to h4 in march with the 2 paystubs (jan and feb which he is promising to run)
3.in worst case if the payroll is not run by him what would be the best course of action
I would appreciate your response
Thanks
Here is my scenario
H4 visa----oct-2007 to sept-2010
Entered US---oct--2008 on h4
Filed for h1---april 2009
H1 approved---aug 2009
Actually i had to start a project dated 12-oct'09 but unfortunately the project got cancelled.From then i have been looking for project but no luck.Currently i am in a dilemma regarding my status and course of action.I am thinking to change my status to H4 again by filing i-539.
The main problem is my employer did not run any payroll for me since oct-st(official kick off date afetr h1 COS approval) i did not have any project and when i ask him about that he says he can state that i will officially join the company in Jan 2010 and he will start running the payroll from jan 2010(irrespective of me getting a project and he says i have to pay half of my taxes from my pocket that the employer would be entitled to pay and he will pay the rest and cut it from my payroll once i get a project).I am totally in a state of confusion and do not want to take any risk anymore regarding my status and from the employer(he is taking advantage of my situation).
My questions are
1. How safe is it to apply COS at this point
2. If in case he starts running my payroll from Jan and still i dont land in a project even after couple of months can i go head and change my status to h4 in march with the 2 paystubs (jan and feb which he is promising to run)
3.in worst case if the payroll is not run by him what would be the best course of action
I would appreciate your response
Thanks
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highskies26
09-07 04:33 AM
Guys,
I just got my approval (Mar 06, TSC), finally! The key issue that I am facing is that I am not in US at the moment and it is very difficult for me to return immediately.
1. Is it okay that I come back after a month or so?
2. Secondly, my AP is expiring later this month though I have H1B stamped till next year. The issue is that earlier this year I had used AP to enter US in spite of the fact that I had a valid H1B. DOES this invalidate my H1B visa? Can I use the H1B visa to enter US after my AP expires???
Is there anything else I can do such as getting the cards fedexed to me and use them to enter US?
Experts pl. advise�
Thanks a lot.
I just got my approval (Mar 06, TSC), finally! The key issue that I am facing is that I am not in US at the moment and it is very difficult for me to return immediately.
1. Is it okay that I come back after a month or so?
2. Secondly, my AP is expiring later this month though I have H1B stamped till next year. The issue is that earlier this year I had used AP to enter US in spite of the fact that I had a valid H1B. DOES this invalidate my H1B visa? Can I use the H1B visa to enter US after my AP expires???
Is there anything else I can do such as getting the cards fedexed to me and use them to enter US?
Experts pl. advise�
Thanks a lot.
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allen_1974
01-23 01:34 AM
Hi,
My passport will be expiring in next 6 months. I do have an appt pending with US embassy Bombay. I have some queries, if someone can please guide me:
1. What happens to old passport. I took Appt with old passport number?
2. Can I keep my old passport?
3. Is it OK to go for new renewed passport? Or will it impact the H1B stamping and interview process?
Pls suggest.
Regards
My passport will be expiring in next 6 months. I do have an appt pending with US embassy Bombay. I have some queries, if someone can please guide me:
1. What happens to old passport. I took Appt with old passport number?
2. Can I keep my old passport?
3. Is it OK to go for new renewed passport? Or will it impact the H1B stamping and interview process?
Pls suggest.
Regards
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skp71
05-28 08:27 PM
I requested(May 02nd) them to approve my case using "Cross-Chargeability", since my wife was born in non-retro country. But from June 01st, my PD (India) also becomes current. I really don't know what to do now?
more...
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Blog Feeds
03-05 08:10 AM
USCIC announced the availability of two new grants that are designed to help lawful permanent residents prepare for citizenship and integration in the U.S. This year, nearly $7 million will be made available for education initiatives throughout the country. According to USCIS, these two competitive grant programs will help expand citizenship preparation programs for lawful permanent residents that wish to achieve U.S. citizenship.
Citizenship and Integration Direct Services Grant Program - The first funding opportunity will focus on providing funding for local programs that are currently working to promote the rights and responsibilities of citizenship through direct citizenship preparation programs for lawful permanent residents. Examples of such programs include those with initiatives to prepare lawful permanent residents for the civics and the English reading, writing and speaking portions of the naturalization test.
Organizations interested in applying for this grant opportunity should send a required letter of intent by March 26, 2010 to the following email address: citizenshipgrantprogram@dhs.gov.
Citizenship and Integration National Capacity Building Grant Program- The second funding opportunity will focus on increasing the capacity building initiatives of national, regional and statewide organizations that provide citizenship services in underserved communities. Funding through this grant will assist these organizations in promoting the integration of immigrants in the U.S. through direct citizenship services for lawful permanent residents.
Organizations interested in applying for this grant opportunity should send a required letter of intent by March 26, 2010 to the following email address: citizenshipgrantprogram@dhs.gov.
To apply for either of these programs, visit www.grants.gov (http://www.grants.gov).
More... (http://www.visalawyerblog.com/2010/03/uscis_announces_two_grant_prog.html)
Citizenship and Integration Direct Services Grant Program - The first funding opportunity will focus on providing funding for local programs that are currently working to promote the rights and responsibilities of citizenship through direct citizenship preparation programs for lawful permanent residents. Examples of such programs include those with initiatives to prepare lawful permanent residents for the civics and the English reading, writing and speaking portions of the naturalization test.
Organizations interested in applying for this grant opportunity should send a required letter of intent by March 26, 2010 to the following email address: citizenshipgrantprogram@dhs.gov.
Citizenship and Integration National Capacity Building Grant Program- The second funding opportunity will focus on increasing the capacity building initiatives of national, regional and statewide organizations that provide citizenship services in underserved communities. Funding through this grant will assist these organizations in promoting the integration of immigrants in the U.S. through direct citizenship services for lawful permanent residents.
Organizations interested in applying for this grant opportunity should send a required letter of intent by March 26, 2010 to the following email address: citizenshipgrantprogram@dhs.gov.
To apply for either of these programs, visit www.grants.gov (http://www.grants.gov).
More... (http://www.visalawyerblog.com/2010/03/uscis_announces_two_grant_prog.html)
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alex99
06-21 09:57 AM
Hi Gurus,
I am filling form I-134 Affidivit of support for my wife and son to file their I-485 along with me.
In the Form in section 11,
That I intend /do not intend to make specific contributions to the support of the person(s) named in item 3.
(If you check "intend," indicate the exact nature and duration of the contributions. For example, if you intend to furnish
room and board, state for how long and, if money, state the amount in United States dollars and state whether it is to be
given in a lump sum, weekly or monthly, or for how long.)
if I check 'I intend', what explanation I have to write for this. Please advice...
Thanks in advance...
Ashok
I am filling form I-134 Affidivit of support for my wife and son to file their I-485 along with me.
In the Form in section 11,
That I intend /do not intend to make specific contributions to the support of the person(s) named in item 3.
(If you check "intend," indicate the exact nature and duration of the contributions. For example, if you intend to furnish
room and board, state for how long and, if money, state the amount in United States dollars and state whether it is to be
given in a lump sum, weekly or monthly, or for how long.)
if I check 'I intend', what explanation I have to write for this. Please advice...
Thanks in advance...
Ashok
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msp1976
03-08 02:27 PM
Hi,
I applied for 3 year H1B extension for different employer
Atty ,filed wrong Date of Birth in I-129 form.
How to correct this problem??
Atty said, they will inform USCIS after get the Receipt Notice.Is it corrct ??
I will appreciate your feedback.
Thank you.
The attorney can always send an amendment as I believe...But would be good for you to get it cleared...Followup up with the attonrney....Donot let it just slip through....These things have a tendency to take a life of their own and can create lotta headache.,...
Please contribute to IV ....
I applied for 3 year H1B extension for different employer
Atty ,filed wrong Date of Birth in I-129 form.
How to correct this problem??
Atty said, they will inform USCIS after get the Receipt Notice.Is it corrct ??
I will appreciate your feedback.
Thank you.
The attorney can always send an amendment as I believe...But would be good for you to get it cleared...Followup up with the attonrney....Donot let it just slip through....These things have a tendency to take a life of their own and can create lotta headache.,...
Please contribute to IV ....
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waitin_toolong
08-14 06:50 AM
Since her is the derivative GC and you are already approved there are no employment letters needed.
She needs to use AP/EAD to travel/work maintain legal status at all times.
You just need to be financially solvent just in case they ask for financial support docs I dont see that happening.
If your PD is EB3/2003 i dont think she will have to wait too long.
Too many people with PD 2001-2003 along with several 2004-2005 are approved or getting approval. anyone with Pd 2003 and above should not have to wait too long.
She needs to use AP/EAD to travel/work maintain legal status at all times.
You just need to be financially solvent just in case they ask for financial support docs I dont see that happening.
If your PD is EB3/2003 i dont think she will have to wait too long.
Too many people with PD 2001-2003 along with several 2004-2005 are approved or getting approval. anyone with Pd 2003 and above should not have to wait too long.
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onemorecame
07-17 04:38 PM
No, its not a good idea. use other way to protest not in this.
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yabadaba
10-03 03:35 PM
EB1 -C
EB2 - China June 2006 India Oct 2005
Eb3 - no idea/ no prediction
EB2 - China June 2006 India Oct 2005
Eb3 - no idea/ no prediction
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gc??
11-08 09:36 AM
Do you think anyone will even mention (hopefully get solutions) the eb backlogs to the President when he is touring India? Do you think anything good might come out of it for us?
pappu
06-02 11:25 AM
This is interesting that he works in Tancredo's office . Its good that law is working to catch such racists.
Another point to note is that this guy said the N word and all this happened. Lou Dobbs will lose his job the next day if he starts making comments against the African American community. These guys do not even dare go in that territory. We all know what happened to Don Imus. Now If you just replace 'Indians'/immigrants/H1B with the N word, all these anti-immigrant organizations, websites and anti-immigrants will find themselves in a very difficult situation with the law. Civil rights activists will also not let them continue their hatred.
It is high time Indian Americans and immigrants start raising this issue actively and end such racism.
Another point to note is that this guy said the N word and all this happened. Lou Dobbs will lose his job the next day if he starts making comments against the African American community. These guys do not even dare go in that territory. We all know what happened to Don Imus. Now If you just replace 'Indians'/immigrants/H1B with the N word, all these anti-immigrant organizations, websites and anti-immigrants will find themselves in a very difficult situation with the law. Civil rights activists will also not let them continue their hatred.
It is high time Indian Americans and immigrants start raising this issue actively and end such racism.
gcmaker
03-28 07:07 PM
I used my 485 EAD, which I received when I filed my 485 with my spouse. And now I want my employer to apply H-1B for me. I am wondering if I can apply change of status to H-1B within US or I have to apply H-1B petition, which requires me to get out of US and get the visa at some US consulate or embassy.
I'd really appreciate any info.
Thanks a lot.
I am not sure I understand why would you want to do this? You are on EAD, correct? This already gives you the right to work for any employer; getting an H-1B would be a step back in this regard. Am I missing something?
I'd really appreciate any info.
Thanks a lot.
I am not sure I understand why would you want to do this? You are on EAD, correct? This already gives you the right to work for any employer; getting an H-1B would be a step back in this regard. Am I missing something?
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