spaceguy
02-18 10:00 AM
I think you are in H1 status now. When your Passport is stamped with H4 then your status will be changed to H4. If you want to work again then you need to change again to H1 with change of status
Does it come under new H1b quota ? Does it treated under cap and Does she/he need to wait for April to file for Change of status again? Any ideas?
Does it come under new H1b quota ? Does it treated under cap and Does she/he need to wait for April to file for Change of status again? Any ideas?
quizzer
11-09 02:39 PM
i know u applied I140 in Nov 2006...when did u receive the RFE?
amsgc
06-20 12:57 AM
my knowledge is also limited...
but from my J1 days this is what i understood:
J1 is NOT a dual intent visa.
All J1 have some requirements to fulfill before applying for GC
For physicians it is a 2 yr Home requirement OR underserved area practice
For researchers etc a No objection is needed from the home country for a waiver
Therefore you cannot file for adjustment of status while still on a J1 unless you have the relevant waiver. It will certainly be rejected.
Physicians who get a waiver move to an H1 during their 3 year practice requirement. The NIW is a special case here, 485 filing is permitted but no approval till 5 years are over.
hope that's helpful.
That helps, Paskal. Thank you for sharing your thoughts.
Regards
Ams
but from my J1 days this is what i understood:
J1 is NOT a dual intent visa.
All J1 have some requirements to fulfill before applying for GC
For physicians it is a 2 yr Home requirement OR underserved area practice
For researchers etc a No objection is needed from the home country for a waiver
Therefore you cannot file for adjustment of status while still on a J1 unless you have the relevant waiver. It will certainly be rejected.
Physicians who get a waiver move to an H1 during their 3 year practice requirement. The NIW is a special case here, 485 filing is permitted but no approval till 5 years are over.
hope that's helpful.
That helps, Paskal. Thank you for sharing your thoughts.
Regards
Ams
snathan
08-26 09:02 PM
Hi folks,
Is there any body out here ported eb3 to eb2 from same employer.
If so what was the process. I have 5 years of experience and 4 yrs of Bachelors Degree.
Your help is greatly appreciated.
Many thanks in advance
Unfortunately your current job experience can not be used for the GC process. If you want to start the EB2, you need to find job
Is there any body out here ported eb3 to eb2 from same employer.
If so what was the process. I have 5 years of experience and 4 yrs of Bachelors Degree.
Your help is greatly appreciated.
Many thanks in advance
Unfortunately your current job experience can not be used for the GC process. If you want to start the EB2, you need to find job
more...
PHANI_TAVVALA
02-26 02:14 PM
Ok...you are slow...I mean, really slow. I do'nt communicate with this level, so dont bother replying.
It is the other way around Ma'm- who does not understand what cancel means- Thanks for putting it in the right perspective though:D
It is the other way around Ma'm- who does not understand what cancel means- Thanks for putting it in the right perspective though:D
SREE_485
08-09 02:01 PM
I am new member and will appreciate anybody clarifies my concerns regarding my I-485 filed on july 2nd.
My employer asked me to send my 485 application directly to NSC instead of attorney Since there was a wide spread rumor last month( june ) end that USCIS going to accept the applications that are going reach them only on July 2nd and I did exactly the same thing. NSC received my application by July 2 at 7:30am.
I properly signed my set of applications (485,765,131,134,325a,g28) and my wife did the same with her set.
I didn't give attorney info on any of the applications except on G-28 FORM.
BUT there is no attorney signature on G-28 FORM since I filed on my own and Is going to create any problem, I mean is there any possibility that USCIS GOING to reject My application? Your help greatly appreciated.
My employer asked me to send my 485 application directly to NSC instead of attorney Since there was a wide spread rumor last month( june ) end that USCIS going to accept the applications that are going reach them only on July 2nd and I did exactly the same thing. NSC received my application by July 2 at 7:30am.
I properly signed my set of applications (485,765,131,134,325a,g28) and my wife did the same with her set.
I didn't give attorney info on any of the applications except on G-28 FORM.
BUT there is no attorney signature on G-28 FORM since I filed on my own and Is going to create any problem, I mean is there any possibility that USCIS GOING to reject My application? Your help greatly appreciated.
more...
avi101
05-31 06:55 PM
From what I remember from my earlier readings, you should be fine. The most they may check again is your employer letter to see that the terms of greencard continue to exist i.e. permanent job with similar job duties as in Original labor.
Also, check the AC21 and I485 forums in immigrationportal.com for more experiences.
http://boards.immigrationportal.com/forumdisplay.php?f=121
Good luck.
Also, check the AC21 and I485 forums in immigrationportal.com for more experiences.
http://boards.immigrationportal.com/forumdisplay.php?f=121
Good luck.
edaltsis
05-06 12:51 AM
Per the law no matter what:- You need to prove that you have a job and that should be same/similar job that of your Labor. I cant advise you to go with option 3 as it's at your will. I am not sure about option 2 if USCIS will really accept because you are supposed to have a job in hand. Green Card is filed based on Future Employment but it doesn't mean that you can be without job until you get your Green Card.
I dont have anything against you but just trying to tell what is what. I know it is not easy as said but try to get things solved as quickly as possible. Wish you Good Luck!
I dont have anything against you but just trying to tell what is what. I know it is not easy as said but try to get things solved as quickly as possible. Wish you Good Luck!
more...
chi_shark
06-16 09:43 AM
1) yes stop working
2) if they send you an RFE for job during the time that you are out of eligibility and you cannot prove an offer of full time employment, your 485 could be denied. But, this is a grey area... some say you just need an offer. others say you need to have a job...
3) if you work without ead, you will be working illegally.
4) by law, you have to show original documents to your employer regarding work authorization. so, you need to have the card in hand... but if you dont and your case hinges on that little technical gap, you may be able to argue in court that you were authorized to work, hence legal, but you have committed an erroneous i-9 submission (is that a crime? i dont know).
even i am in a situation thats a little bit like yours, my ead expires aug 10 and i applied for renewal on june 17th. so i could possibly face a 7 day gap in work authorization (i hope not).
hope this helps.
Hello :
My EAD expires on July 28, 2010. I have sent the application today with request to expedite with employer letter.
If I don't receive my new EAD card by July 28, 2010, then
1) Will/Should I stop working?
2) If I do stop working, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?
3) If I continue to work, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?
4) Can I continue to work/remain IN-STATUS as long as my EAD application shows "Approved" on USCIS website but I don't have the physical card with me?
Any response to these questions will be highly appreciated.
Thanks!
2) if they send you an RFE for job during the time that you are out of eligibility and you cannot prove an offer of full time employment, your 485 could be denied. But, this is a grey area... some say you just need an offer. others say you need to have a job...
3) if you work without ead, you will be working illegally.
4) by law, you have to show original documents to your employer regarding work authorization. so, you need to have the card in hand... but if you dont and your case hinges on that little technical gap, you may be able to argue in court that you were authorized to work, hence legal, but you have committed an erroneous i-9 submission (is that a crime? i dont know).
even i am in a situation thats a little bit like yours, my ead expires aug 10 and i applied for renewal on june 17th. so i could possibly face a 7 day gap in work authorization (i hope not).
hope this helps.
Hello :
My EAD expires on July 28, 2010. I have sent the application today with request to expedite with employer letter.
If I don't receive my new EAD card by July 28, 2010, then
1) Will/Should I stop working?
2) If I do stop working, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?
3) If I continue to work, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?
4) Can I continue to work/remain IN-STATUS as long as my EAD application shows "Approved" on USCIS website but I don't have the physical card with me?
Any response to these questions will be highly appreciated.
Thanks!
eyeswe
06-03 04:55 PM
Thanks qasleuth.. that clarifies
more...
h1techSlave
04-09 01:41 PM
After reading "Handing the president a win on a major issue like immigration reform in the run up to the 2008 elections might be good policy, but it would be bad politics." in the Time article, I have not much hope in getting a GC in the near future.
If the Democrats agrees with the Republicans and passes any meaningful CIR, then the whole credit would go to Bush and Co. It would make the Republican campaign very easy for Bush.
If I were a Democratic Senator, I would do every thing to block any CIR from getting passed.
With the record number of H1 applications recently, we can also expect that they would put serious limitations on H1, claiming that the whole thing is misused.
Apparently, the whole thing is hugely bad for America. It is not just Indian politician who can destroy their own country, American politicians can also do a fantastic job of destroying their country.
I feel sorry for my kids, who are US citizens by birth.
Cheers,
H1techSlave
If the Democrats agrees with the Republicans and passes any meaningful CIR, then the whole credit would go to Bush and Co. It would make the Republican campaign very easy for Bush.
If I were a Democratic Senator, I would do every thing to block any CIR from getting passed.
With the record number of H1 applications recently, we can also expect that they would put serious limitations on H1, claiming that the whole thing is misused.
Apparently, the whole thing is hugely bad for America. It is not just Indian politician who can destroy their own country, American politicians can also do a fantastic job of destroying their country.
I feel sorry for my kids, who are US citizens by birth.
Cheers,
H1techSlave
belmontboy
07-14 09:33 PM
When my AP came up for renewal my attorney asked to get new set of photos.
In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
Anyone else had same experience ?
hmm... and here i am wondering for last 10 years "why cannot i reuse stamps "
In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
Anyone else had same experience ?
hmm... and here i am wondering for last 10 years "why cannot i reuse stamps "
more...
myvoice23
07-31 01:05 PM
1. When to be there
not less than 15 min. of your appointment. If go and stand in line, they will send you out.
2. What documentation to carry.
Your EAD Receipt, 485 Receipt, Photo ID(TX Licence)
3. How about parking
It is open parting and free. you have plenty of parking space.
4. Any questions (so that I can compile and ask)
ask for name check status. If not cleared ask for when it was initiated.
not less than 15 min. of your appointment. If go and stand in line, they will send you out.
2. What documentation to carry.
Your EAD Receipt, 485 Receipt, Photo ID(TX Licence)
3. How about parking
It is open parting and free. you have plenty of parking space.
4. Any questions (so that I can compile and ask)
ask for name check status. If not cleared ask for when it was initiated.
sonu9
07-30 12:45 PM
hi thank you . yes we can, receiving letters from "x" address is not at all problem then is it fine to put X adress ? no problem right ? thank you once again.
more...
sparklinks
06-16 08:32 PM
I E-filed my EAD application and sent the supporting documentation to the location on the confirmation page. To day I see the following notice:
"We attempted to deliver your item at 1:51 PM on June 11, 2008 in MESQUITE, TX 75185 and a notice was left. It can be redelivered or picked up at the Post Office. If the item is unclaimed, it will be returned to the sender. Information, if available, is updated every evening. Please check again later."
Is there something I can do to resolve this?
I sent the application to the following address:
USCIS TEXAS SERVICE CENTER
Atten: E-File I-765 PO BOX: 852401
MESQUITE, TX 75185
Dont worry that is the common message for USCIS PO Box...Your mail will be @USCIS
"We attempted to deliver your item at 1:51 PM on June 11, 2008 in MESQUITE, TX 75185 and a notice was left. It can be redelivered or picked up at the Post Office. If the item is unclaimed, it will be returned to the sender. Information, if available, is updated every evening. Please check again later."
Is there something I can do to resolve this?
I sent the application to the following address:
USCIS TEXAS SERVICE CENTER
Atten: E-File I-765 PO BOX: 852401
MESQUITE, TX 75185
Dont worry that is the common message for USCIS PO Box...Your mail will be @USCIS
gcnotfiledyet
02-24 04:35 PM
i have given blood probably 10-12 times.
Red Cross may not have taken you blood for other reasons not because you are an immigrant , one major reason to deny blood donation is travel
outside US to a country that still has widesspread malaria.
India and most Southeast asian coutries among such countries is one such issues.
Please dont spread incorrect information.
I have volunteered in sports event, donated blood, build houses as volunteer and have been part of volunteer trail maintainance.....and i am an immigrant.
This country is one of the most independent and free countries on face of earth.
Texcan,
There are lot of places which will not take blood if you have not stayed here for 5years. It generally takes 5years for any antigens to get out of system. So some places have rule of thumb for 5years. Now when you are immigrant from India, it is taken for granted to question your length of stay.
There are lot of places which will accept blood from everybody for lack of donors and do their own screenings. It depends on funding/urgent need. I am sure there was no intention of denial based on immigration status/race.
Red Cross may not have taken you blood for other reasons not because you are an immigrant , one major reason to deny blood donation is travel
outside US to a country that still has widesspread malaria.
India and most Southeast asian coutries among such countries is one such issues.
Please dont spread incorrect information.
I have volunteered in sports event, donated blood, build houses as volunteer and have been part of volunteer trail maintainance.....and i am an immigrant.
This country is one of the most independent and free countries on face of earth.
Texcan,
There are lot of places which will not take blood if you have not stayed here for 5years. It generally takes 5years for any antigens to get out of system. So some places have rule of thumb for 5years. Now when you are immigrant from India, it is taken for granted to question your length of stay.
There are lot of places which will accept blood from everybody for lack of donors and do their own screenings. It depends on funding/urgent need. I am sure there was no intention of denial based on immigration status/race.
more...
xu1
08-07 09:32 AM
http://www.flcdatacenter.com/OesWizardStart.aspx
Try this DOL wage library for a start. EB2, i guess, needs a level4 wage in your area.
Hello Gurus,
I am currently looking for a job and I have a US Master's degree. I am stuck in this retrogression and my lawyer applied for EB3, and I have no choice but looking for another job that requires me a M.S. with higher salary so I could apply for EB2
Do you know where I can see which is the minimum wage for applying as EB2?? I remember in my Labor certification there was a place where I used to check minimal wage requirements.
I am rest of the world, and having an EB2 application will let me jump out of the retrogression if EB2 continues to be available
Thanks in advance
Kukitron
Try this DOL wage library for a start. EB2, i guess, needs a level4 wage in your area.
Hello Gurus,
I am currently looking for a job and I have a US Master's degree. I am stuck in this retrogression and my lawyer applied for EB3, and I have no choice but looking for another job that requires me a M.S. with higher salary so I could apply for EB2
Do you know where I can see which is the minimum wage for applying as EB2?? I remember in my Labor certification there was a place where I used to check minimal wage requirements.
I am rest of the world, and having an EB2 application will let me jump out of the retrogression if EB2 continues to be available
Thanks in advance
Kukitron
stucklabor
07-11 05:22 PM
Alabaman,
Legal is referring to me as the stuck moderator who may not like your making fun of a Representative on this forum.
I deleted a post of his that made fun of Rep. Sensenbrenner's name.
He doesn't realize that we, the IV core team, now have to go hat in hand to the same Rep. Sensenbrenner to have the SKIL bill passed through the House Judiciary committee.
Legal wants the rest of us to pay for his freedom of expression - and no value add - on this public forum.
Enough said from me on this issue.
Legal is referring to me as the stuck moderator who may not like your making fun of a Representative on this forum.
I deleted a post of his that made fun of Rep. Sensenbrenner's name.
He doesn't realize that we, the IV core team, now have to go hat in hand to the same Rep. Sensenbrenner to have the SKIL bill passed through the House Judiciary committee.
Legal wants the rest of us to pay for his freedom of expression - and no value add - on this public forum.
Enough said from me on this issue.
billu
05-03 07:11 AM
You can write a balance-transfer-cheque to your own name (which you can deposit to your checkings account) of amount upto your credit limit on that credit card.
I had 25k credit limit on my credit card, so i could balance-transfer that much. usually if you have a 3-4 years credit history, you can call up the credit card company and ask them to raise your credit limit.
Balance transfers - 0% APR are generally good for 9 months to 1 year loan only. So you will have to repay within a year. But you can keep doing that for 2-3 years till you pay off your complete loan.
thanks a lot. that seems like a good idea. My CL is 10k on one CC and 12k on the other one but I will call my bank and request a raise and then do a balance transfer of as much as I can get.
I had 25k credit limit on my credit card, so i could balance-transfer that much. usually if you have a 3-4 years credit history, you can call up the credit card company and ask them to raise your credit limit.
Balance transfers - 0% APR are generally good for 9 months to 1 year loan only. So you will have to repay within a year. But you can keep doing that for 2-3 years till you pay off your complete loan.
thanks a lot. that seems like a good idea. My CL is 10k on one CC and 12k on the other one but I will call my bank and request a raise and then do a balance transfer of as much as I can get.
danu2007
07-13 04:21 PM
So far only 1327 members signed the petition. This needs around 5000 signatures.
This will show the number of filed I-485 applications to Chertoff..Please sign..
--------------------------------------------------
Please sign your petition and give support to Congresswoman Lofgren's requests from her letter dated July 9th, 2007. Doing so is the only way we can begin to restore fairness to this process.
http://www.immigrantslist.org/page/petition/Chertoff
-----------------------------------------------------
This will show the number of filed I-485 applications to Chertoff..Please sign..
--------------------------------------------------
Please sign your petition and give support to Congresswoman Lofgren's requests from her letter dated July 9th, 2007. Doing so is the only way we can begin to restore fairness to this process.
http://www.immigrantslist.org/page/petition/Chertoff
-----------------------------------------------------
chvs2000@yahoo.com
08-17 12:23 AM
We got a rejection notice for my wife's 485 & 765 application. The notice said
============
"Based on the information you provided, your priority date could not be established. Please resubmit you application with the proper documentation to the address listed on the bottom of this notice
The following documents may be provided:
Your original Form I-130(petition for alien relative) if you are filing concurrently ; or
Your original Form I-360 if you are filing concurrently; or
A copy of your Form I-797 if the petition has already beed filed/approved; or
Other evidence that an immigration visa petition has been filed/approved on your behalf.
==============
My PD is Mar 2005, EB2 and my 485 is pending since aug 2007.
We have included following documentation in the package
1) Forms 485 ,765 , G 325 A
2) passport copy
3) Birth certificate and affidavits
4) My 485 receipt notice
5) My I 140 approval
6) Letter from the employer saying that i am still employed with them
7) Pay stubs
Does anyone know what have we missed? I dont think I -130 and I -360 are relevant for this category.
============
"Based on the information you provided, your priority date could not be established. Please resubmit you application with the proper documentation to the address listed on the bottom of this notice
The following documents may be provided:
Your original Form I-130(petition for alien relative) if you are filing concurrently ; or
Your original Form I-360 if you are filing concurrently; or
A copy of your Form I-797 if the petition has already beed filed/approved; or
Other evidence that an immigration visa petition has been filed/approved on your behalf.
==============
My PD is Mar 2005, EB2 and my 485 is pending since aug 2007.
We have included following documentation in the package
1) Forms 485 ,765 , G 325 A
2) passport copy
3) Birth certificate and affidavits
4) My 485 receipt notice
5) My I 140 approval
6) Letter from the employer saying that i am still employed with them
7) Pay stubs
Does anyone know what have we missed? I dont think I -130 and I -360 are relevant for this category.
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