anilsal
01-14 12:10 PM
Please meet the lawyers and get their opinion. If all of them say the same thing, then that is the option. If they have differing opinion, then check back via immigration forums.
Most of the folks at IV have applications based on employment and not based on marriage. So you may not get good answers.
Most of the folks at IV have applications based on employment and not based on marriage. So you may not get good answers.
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grupak
08-15 11:03 AM
I have been asked filled out a new I-9 form; I mailed it to my employer along with the copy of approval notice and plastic card.
Thanks Wandmaker. Its clear (I think) what to do if you have the plastic... but what if you only have the approval notice I-797 (not the physical green card) and new EAD/H1B (which is not useful now), and need to file a I-9 because the old one is expiring.
Consider a hypothetical situation : current EAD expires August 20, I-9 expires August 20, have a new EAD valid from August 21 for one more year. And also have an approval notice for the green card but no green card yet. If the plastic doesn't come by Aug 20th, can the I-797 for the green card be used to file I-9 and continue employment? The new EAD is probably not valid anymore.
Thanks Wandmaker. Its clear (I think) what to do if you have the plastic... but what if you only have the approval notice I-797 (not the physical green card) and new EAD/H1B (which is not useful now), and need to file a I-9 because the old one is expiring.
Consider a hypothetical situation : current EAD expires August 20, I-9 expires August 20, have a new EAD valid from August 21 for one more year. And also have an approval notice for the green card but no green card yet. If the plastic doesn't come by Aug 20th, can the I-797 for the green card be used to file I-9 and continue employment? The new EAD is probably not valid anymore.
number30
05-16 08:06 PM
Hi I'm a Moroccan citizen I was placed in removal proceedings (NY Buffalo) and took voluntary departure. once my wife's divorce was finalized we got married while on voluntary departure. we filed motion to reopen the case and it was reopened and transferred to Los Angeles, CA then the judge closed my case based on marriage with an I130 receipt without prejudice. The I130 was filed on june 2009 and was transferred to Los Angeles on November 12, 2009. I made an appointment with Info Pass but they just said you have to wait untill we call you. My lawyer said I can't file for the I485 untill the I130 is approved. My question is: How long will it take before we will be called for an interview?
An estimation will be much appreciated thank you very much.
I cannot give you any estimation But my question is why can't you file I-485. Any one who pending marriage based I-130 should be able to file I-485. Double check this with another attorney.
An estimation will be much appreciated thank you very much.
I cannot give you any estimation But my question is why can't you file I-485. Any one who pending marriage based I-130 should be able to file I-485. Double check this with another attorney.
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roseball
09-01 05:56 PM
Thanks a lot for giving a reply on time.
I hope you realise this is a serious issue. You need to find out from your employer who filed your H1 whether he filed it as a "Change of Status" (COS) petition or "Visa to be issued abroad category".
If it was a H1 COS petition, then you have been accruing unlawful H1 status since your H1 start date as your status automatically changed from H4 to H1 (assuming your approval came with an attached I-94). In this case, you need to get back to H4 status. You can do that by re-entering US on a valid H4 visa (preffered way) or by filing a new H1 to H4 COS petition.
If your H1 petition was not filed under COS (filed under Visa to be issued abroad category), then you are still on H4 status (assuming you have been maintaining a valid H4) and there is nothing you need to do. If you want to convert to H1, then you need to go to a consulate mentioned on your H1 application, attend the H1 interview and re-enter US using H1 stamp.
Hope this helps and you take the necessary action.
I hope you realise this is a serious issue. You need to find out from your employer who filed your H1 whether he filed it as a "Change of Status" (COS) petition or "Visa to be issued abroad category".
If it was a H1 COS petition, then you have been accruing unlawful H1 status since your H1 start date as your status automatically changed from H4 to H1 (assuming your approval came with an attached I-94). In this case, you need to get back to H4 status. You can do that by re-entering US on a valid H4 visa (preffered way) or by filing a new H1 to H4 COS petition.
If your H1 petition was not filed under COS (filed under Visa to be issued abroad category), then you are still on H4 status (assuming you have been maintaining a valid H4) and there is nothing you need to do. If you want to convert to H1, then you need to go to a consulate mentioned on your H1 application, attend the H1 interview and re-enter US using H1 stamp.
Hope this helps and you take the necessary action.
more...
NELLAIKUMAR
08-22 02:14 PM
I thought carrying the old US passport along with the new US passport and PIO card would be sufficient. Anyone else with the same understanding????
lostinbeta
10-04 01:37 AM
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Ahjeet
12-04 09:16 PM
Thank you for response.
I checked with attorney and I believe that is true, PP for H1b is not carried over on RFE reply. Response to RFE will go in a regular queue for evaluation. But, I hope this is not the case.
Yes, I read in forums RFE's and 221g both have become more regular these days.
I'll let the forum know outcome of this case. Thank you for visiting this thread!
I checked with attorney and I believe that is true, PP for H1b is not carried over on RFE reply. Response to RFE will go in a regular queue for evaluation. But, I hope this is not the case.
Yes, I read in forums RFE's and 221g both have become more regular these days.
I'll let the forum know outcome of this case. Thank you for visiting this thread!
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raamskl
07-08 03:38 PM
Gurus,
Or should I wait for the outcome of lawsuit
please advise
If you can, I would suggest to wait a month at the least. Information is changing by the day and you will have a better picture of where the case is leading to in that timeframe.
Good luck.
Or should I wait for the outcome of lawsuit
please advise
If you can, I would suggest to wait a month at the least. Information is changing by the day and you will have a better picture of where the case is leading to in that timeframe.
Good luck.
more...
cr52401
10-03 08:07 AM
Forgive me if you already saw that. I did not find it in this forum and it is very good article.
http://www.newsmax.com/archives/articles/2006/9/1/94348.shtml
http://www.newsmax.com/archives/articles/2006/9/1/94348.shtml
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lazycis
05-14 12:33 PM
Hi,
My wife was pregnant when we did the July 2007 485 filing and now is being asked for the TB Test. It says X ray is mandatory on the letter from USCIS. The Immi DOctor said its really not and really depends on the skin test - so he will write and take care of that in the letter.
Next thing is that I am not with the same employer who I was with when I filed 485 in July 2007. Thus dont have an attorney any more. Do I need to send the response with a G28 form with no Attorney representation from now on OR do I just reply with no G28 form to indicate I no longer have Legal representation?
Whats the right way of handling this?
USCIS regs require skin test results. The easiest way to take care of the RFE is to do what they ask for.
As for G-28, you should send a new G-28 with your name as both representative and applicant to the service center where I-485 is pending.
My wife was pregnant when we did the July 2007 485 filing and now is being asked for the TB Test. It says X ray is mandatory on the letter from USCIS. The Immi DOctor said its really not and really depends on the skin test - so he will write and take care of that in the letter.
Next thing is that I am not with the same employer who I was with when I filed 485 in July 2007. Thus dont have an attorney any more. Do I need to send the response with a G28 form with no Attorney representation from now on OR do I just reply with no G28 form to indicate I no longer have Legal representation?
Whats the right way of handling this?
USCIS regs require skin test results. The easiest way to take care of the RFE is to do what they ask for.
As for G-28, you should send a new G-28 with your name as both representative and applicant to the service center where I-485 is pending.
more...
eagerr2i
09-04 04:15 PM
If you travel abroad when the change is status is pending, the change of status is deemed withdrawn. Pls contact your immigration lawyer, so that he can work with USCIC to get the new I-94 details on the petition.
If the petition was approved before the travel happened, then all that you need to do is to start working and get a visa stamp of H1 when you go out of the country.
If the petition was approved before the travel happened, then all that you need to do is to start working and get a visa stamp of H1 when you go out of the country.
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kala
11-22 06:19 AM
Hi Zelwyn,
Im interested in pixel art. I work with several clients who need "Hightech/corporate" icons for company applications and websites.
Could you send me some examples of your work which will suit my needs?
Cheers
Im interested in pixel art. I work with several clients who need "Hightech/corporate" icons for company applications and websites.
Could you send me some examples of your work which will suit my needs?
Cheers
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WAIT_FOR_EVER_GC
12-05 03:51 PM
Sure...
Green card is for future employment. When the company files your labor it mentions and shows that it can support the wages for that position.
Example
If the wages mentioned in the labor is 80K and you are getting paid 70K then the IO might want to see if the company is making 10K in profit so that they can pay you 80K.
So if your current employer is making a profit => your prevailing wage then
you are good.
This is what my lawyer told me...you talk to yours
Green card is for future employment. When the company files your labor it mentions and shows that it can support the wages for that position.
Example
If the wages mentioned in the labor is 80K and you are getting paid 70K then the IO might want to see if the company is making 10K in profit so that they can pay you 80K.
So if your current employer is making a profit => your prevailing wage then
you are good.
This is what my lawyer told me...you talk to yours
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maverick_joe
05-13 10:22 AM
Congrats! good to see an EB3 I from July 2003 getting his GC.
I got my GC but my wife's application (based on my 485) is still pending. I think at this point I can switch jobs/go to school full time and it won't affect my spouse's case. Just want to double check on this, any thoughts??
__________________
I got my GC but my wife's application (based on my 485) is still pending. I think at this point I can switch jobs/go to school full time and it won't affect my spouse's case. Just want to double check on this, any thoughts??
__________________
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bathuzp
12-09 04:21 PM
thank you very much for your reply.
I just have one more question, i also have my I-485 filed. We have given our fingerprinting tests but there has not been further progress. But would these double receipts have any effect on my I-485 process?
Thanks
I just have one more question, i also have my I-485 filed. We have given our fingerprinting tests but there has not been further progress. But would these double receipts have any effect on my I-485 process?
Thanks
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baburob2
02-13 05:35 PM
Hi
Can someone provide me a good CPA who assists in the formation of the corporation in Southern CA , Orange county and also assists in preparation of the business tax?
Can someone provide me a good CPA who assists in the formation of the corporation in Southern CA , Orange county and also assists in preparation of the business tax?
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alien2006
08-30 08:34 AM
What you can do is ask for the case #. Then you can check the status online (it will basically tell you when it was rec'd). After that just sit back and wait for the next 4 months or so. Once I140 is approved ask the lawyer for a copy of the approval notice. This is critical if you ever need to move companies.
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BhanuPriya
04-20 01:27 PM
:p Yes....,
You can definitely change your Employer and continue working H1. You can even port your I140 Priority date to your new GC process. Just you need to have Receipt Number of your I-140. You don't even need to have I140 Approval notice.
Its better to take an advise from Reputed Immigration Attorney. They will do everything in your favour.
:D
You can definitely change your Employer and continue working H1. You can even port your I140 Priority date to your new GC process. Just you need to have Receipt Number of your I-140. You don't even need to have I140 Approval notice.
Its better to take an advise from Reputed Immigration Attorney. They will do everything in your favour.
:D
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Munna Bhai
01-25 09:51 AM
Even GC cannot work on security Clearance projects. Only Citizens allowed.
That is true, but depends on degree of security clearance, if it is less than GC can work.
But what is the way out for H1bs??
That is true, but depends on degree of security clearance, if it is less than GC can work.
But what is the way out for H1bs??
Nikith77
12-11 01:39 PM
thanks kevinkris for your response.
So, every 15 to 18 months we will get FP notice.
Did any one get second FP ( JULY 07 filers)
So, every 15 to 18 months we will get FP notice.
Did any one get second FP ( JULY 07 filers)
Get_GC
10-08 02:18 PM
Still Waiting for AP. EAD Approved.Waiting for Cards.
Filed on July 2nd NSC.
Filed on July 2nd NSC.
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