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desi3933

05-19 03:57 PM

..............
2) Explain why you leave at the following address( XYZ�.) and your spouse lives in ABC address.
..........

I hope that you are aware of the rule that AR-11 (change of address) must be filed within 10 calendar days of physical move.


___________________
Not a legal advice

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gcformeornot

01-11 10:24 PM

India. He said EB2 which can apply to any country. And at the rate its being used I see EB2 follows fate of EB3.

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vin13

03-23 10:58 AM

Hi,

Although my EAD has been approved long back, I haven't actually received the actual EAD card in hand because of an address related glitch. It is said they will re-send, but the delay is unbelievable. I have the A# from other correspondences.

Under the circumstances, can I apply for a AC21.

Thanks,

Soumya


Please update your profile.

thanks

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ujayra01

07-18 08:29 PM

you are correct .

You can file AOS for her mention both her current H4 status and also inxclude a copy of H1 notice just in case

Thanks for your reply.

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nashim

06-15 01:55 PM

If your case was filed successfully then USCIS will send you receipt notice and biometrics appointment notice with in a week.

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sunnyark1

02-18 10:52 AM

Dear Attorneys, fellow forum members:

My situation is as follows:
I am currently working for a 3rd party Indian consulting firm (Company A). They are in possession of my H-1B visa. I came out of a project on January 29th (2 weeks back). My new project starts on Feb 25th. As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.

Will this be a big problem in the future in terms of Green card processing?

The next question is:
In the time I have been on bench, I was interviewing with other companies as well and now I have a direct full time job offer from Company B (not through any consultant). This is an ideal situation in my opinion as my visa is held directly held with the employer under whom I work. Company B has started the process of filing for my H-1B transfer. It says it will take 8 to 10 days for the transfer to complete. Is this true? Also, can I start working for Company B before my visa is transferred or should I wait for the transfer to complete and keep working on the new project I have with Company A in the meantime (see above)?

I appreciate your help and feedback in this regard, as I don't know much about the legal process.

Thank you!

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Anders �stberg

February 14th, 2004, 08:39 AM

These swans swam past each other and I had just a split second to get the shot. I got too greedy and zoomed in too far... so it's just yet another "could-have-been-good"... :mad:

http://www.interimlocation.com/fretnomore/photo/10d/pictures/largebirds/swans_2389.jpg

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alien2006

07-14 01:25 PM

I thought that the ideal time would be before applying for I485, and thus the dependant spouse would automatically get a gc with which ever spouse got the gc first. So I would think that both applying and getting married before either I485 is submitted, and who ever gets gc first their dependant spouse gets it too.

If the I485 is already filed I don't know if it can be amended.

I'm no attorney so you need to throughly research this.

This is true if you are applyinf through employer based. But our guy is applying through family based and he marrying before getting his GC could push him to the next category and a wait of several years.

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eb3_nepa

05-27 11:53 AM

I am in a similar situation but since my receipt number is a Texas number I will write Texas Service Center. No point confusing the USCIS.

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grupak

03-14 05:30 PM

IV Members from Nebraska,

I think it is time we started our own chapter in NE and get the action going. Members from Nebraska, please respond.

Yes that's the spirit. Starting off is difficult but you only need a few dedicated members to get the ball rolling, and motivate others. We have members in different parts of NC, and we are able to get a lot of things done on the phone or internet.

You can start by creating a google or yahoo group, and verify member information (name, contact info and such) as you sign them up.

All the best.

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Canuck

05-04 09:05 PM

I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.

However:
1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?

2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?

Thanks.

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vivache

09-18 07:45 PM

My company has just changed the rules. From now they are unwilling to pay the costs incurred in the visa extensions for the spouse.
Is this legal? Does anyone have any links etc that I can pass on to HR if this is illegal. Thanks.

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gudyul

12-18 05:15 AM

I found this really old post 11 2004. I saw your tutorial for coloring code. I am need a coloring page for www.walrusdogblues.com My fantasy is to have five colors red blue and yellow black and white. and the ability to drop them in the drawings as needed to blend the colors. If that is too complicated then something simpler. My illustrator will try and make crisp lines to drop color into. am I dreaming? "Money is no object"

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Navkcl

06-21 02:29 PM

Please advise,
I had a citation 3 yrs back and I paid fine in the court for tresspasing...
Is this going to be effect on my GC process..I am preparing to apply I-485

Thanks in Advance

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ponnuswamyp

09-28 12:21 AM

I am not sure whether a way to prepone it. You can try going for FP. They did not say anything about the future date.

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permfiling

08-14 06:24 PM

Thank you for the reply. I should have been more explicit, the extension of H1 was filed by company B on the basis of company A H1 during transfer , the extension was denied but a new H1 approval notice with company B was given.

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reachinus

07-18 01:06 PM

june 12th applicated date.. betweenthey are company checks so i cant track them
thanks for the update. As said u will have 3 numbers for each of ur 3 applications. All the best

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kshitijnt

04-11 02:55 AM

Its a better idea to file in EB2 anyway.

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rb54321

07-27 08:41 AM

Hi,
I have a question regarding changing L1 to H1-B visa. If someone comes to US on an L1 visa can he/she change to H1-B visa without going back to India and getting the new H1-B visa stamped? What is the process to remain in the US and changing the status from L1 to H1? Will

Again, I assume that in order to change from L1 to H1-B the H1-B cap rule applies.

Yes, you can do a change of status (COS) from L1 to H1 without going back to India for Visa stamping. Your H1 will come under the annual 65,000 H1 cap, as you might know the cap of this year is already over, you can apply for this COS come April 1 2008 and you can start working October 1 2008 with your H1. Please note you CANNOT start working for a new employer by just receiving a receipt number for your COS. You will need to get the actual H1-B approval notice. While applying for the COS you will also need to show you are currently employed and this can be done by submitting two most recent pay checks along with your other papers. Hope this helps!!

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bsnf

02-18 08:51 PM

...if you do not have a valid-unexpired stamped US visa.

Thanks for the quick reply.
I do not have a stamped visa. Only AP - I cannot fly via Canada then.

Thanks again, appreciate it.

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lecter

June 25th, 2004, 09:30 AM

I love Nikon because they are a perfect foil and competition for Canon.
I love their cameras and the photos I have seen the photographers take.
Unfortunately for their bottom line profit and sales, I got a d30 first!!!!

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ata1234

07-12 01:12 PM

Is it possible to retain all 485 applications till July-30 and then start rejecting all of them saying not sufficient application fees. Just to defend themselves.

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LondonTown

06-19 01:04 PM

Hi
My H1B expires on sept 30th 2010.(passport has vaild visa also stamped in it till sept 30th)
Extension has been applied . If extension is approved say by august, can I go for stamping in august end.Basically how soon can i go for h1b stamping before old stamping expires.
If there is a problem in stamping can i return on the old visa stamp.
Thanks
ANAND

I have been to the interview before approximately 60 days of visa expiration 3 times and no issues.
Last year when I went for interview I was told that my visa is approved and I will get the passport in 5-7 days but when I did not get the passport after 15 days I called embassy and was told that my case is in admin processing and will take up to 60 days. Since my previous visa was valid so I asked for my passport and got it and came on the old visa stamp.

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vnsriv

07-05 12:53 PM

Thanks

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nixstor

12-18 11:06 AM

^^^^^

Any one recently who applied for F1 visa in Canada/Mexico/India after moving from H4??

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hmj9381

08-19 04:50 AM

Hi,

I am a dependent of my parents who are currently staying in the U.S. with E-2 Visa. We have stayed in the U.S. for almost 9 years now and we are trying to get a Green Card.

My parents have already filed and received an approved I-140, but my parents say that we have to wait couple years before being able to file I-485.

I don't quite understand why there is a delay between receiving an approved I-140 and filing I-485.

It seems like everybody either files both I-140 and I-485 concurrently or file I-485 immediately after I-140 is approved.

So, my question is: Is there usually a span of time that applicants must wait before filing I-485 after getting their I-140 approved?


Thanks a bunch,
--HJ

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bsnf

10-04 09:09 PM

We went there today, got done in 15 mins. Lots of parking space outside the office.

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baburob2

02-14 05:47 PM

hi bestia
I PMed you back again .could you plz respond.

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go_guy123

12-16 07:24 PM

Here is my h1b status:

1. We have applied for H1B visa extension in premium on March 23rd, 2010.(for 15 months, as I have this period remained on H1 6 years and I-140 not approved yet).
2. I have joined new client on March5th new project, new location.
3. USCIS raised RFE on March 9th, 2010 but not received the RFE document.
4. My employer sent H1B Amendment documents on March 15th, 2010 with new LCA.
5. Received RFE document on March 30th, 2010 from USCIS and replied on March 31st to USCIS.
6. USCIS approved case on April 10th, 2010 with 1 year duration, which is May 2011.
7. USCIS approved amendment on Dec 5th, 2010 which is valid until Aug 20th, 2011 which the max of 6 years period.

Now question, it means my H1B visa valid until Aug 2011?

Means your H1B petition is approved till Aug 2011. Visa is needed to reenter US once you leave.

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GCHope2011

09-12 11:04 PM

Hi all!
Thanks a lot for the information...
The mother's status will be illegal, unless the mother marries a legal resident and changes over to a dependent status..

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adnan_vijay

12-11 09:50 PM

Hello,
According to my knowledge the majority of name checks submitted are electronically checked and returned to the submitting agency as having "No Record" within 48-72 hours. The processing time for FBI name checks usually take from 30-120 days but timing does vary from case to case. The FBI’s intention is to have all visa requests processed within 120 days. Most name check requests that are over 60 days old are the result of the time required to retrieve and review field office record information. Any case which is not processed within this time frame is usually delayed because of a potential "hit" which will be further reviewed manually.

Hello Sir,

Thank you for the quick reply.

As my application have been lodge for almost 2.5 months now.

Can I please ask 'when' is the FBI name check done? Is the FBI name check the first thing that will be done?

How will I know that my FBI name check is successful?



Thank you once again.

:confused:

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eastindia

04-21 11:13 AM

This is just politics and nothing else. He is basically a pro-immigrant and will become one after he wins the election.

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mrsr

08-10 06:44 PM

Exactly, they are entering at least 5 thousand cases every day from last one week.but still we donot get our turn.so strange!

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colemancol

12-09 09:22 AM

Hello,
According to my knowledge the majority of name checks submitted are electronically checked and returned to the submitting agency as having "No Record" within 48-72 hours. The processing time for FBI name checks usually take from 30-120 days but timing does vary from case to case. The FBI�s intention is to have all visa requests processed within 120 days. Most name check requests that are over 60 days old are the result of the time required to retrieve and review field office record information. Any case which is not processed within this time frame is usually delayed because of a potential "hit" which will be further reviewed manually.

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desi3933

01-25 09:19 AM

I work with a consulting company on client side. The client is planning a shutdown for 2 days a month - 2nd and 4th Friday.

Do you guys think its gonna impact 485 application. I am asking this question cause the labor was approved for 40/hrs per week and the salary slip shows the number of hrs worked per month which will be lesser than 160 (in case the month has 4 weeks).

BTW, I am on EAD and 140 approved couple of years back.

Thanks


Pavan -

You should maintain 40/hr per week. This could mean - your consulting company paying these days for your "full time job". The other option is - taking paid time off for these days. Again, it should be paid time off.

Good Luck.

____________________
Not a legal advice.
US Citizen of Indian Origin

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Posted on April 5,

a2006

10-04 03:30 PM

$930 plus a biometrics fee of $80; the fee total is $1,010. Exceptions listed below. There is no fee for applicants who are filing Form I-485 based on having been admitted to the United States as a refugee. Applicants 80 years of age or older are not charged a biometric fee; the fee total is $930. Applicants under 14 years of age: - Filing with the I-485 application of at least one parent have a fee total of $600 - Not filing with the I-485 application of at least one parent have a fee total of $930

I would assume that EAD and AP have to be paid for separately.
see the last paragraph. Looks like the new fee is a combined fee.
http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf

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wellwishergc

02-27 12:51 PM

I think these bills are too complicated and have possibilities of failing on the house floor, even if they pass through the senate..

My question to the group is: Does it make sense for us to lobby for changes to existing laws as 'amendments/enhancements' (do not know the exact term), which need not go through this full-blown congressional approval process.. Another issue that we are facing with the bills such as immig. comprehensive bill is that we get tagged together with illegal immig., so it becomes all the more probable to get rejected. I am just being realistic and urging the IV team to add one more action item to the agenda and see if we can put some efforts towards this additional agenda.

I think, in addition to supporting the bills, we should look at this additional possibility. Something like allowing I-485 even though the number is not available, just requires an amendment to the existing law. It does not require additional quota, so there is no major impact to immigration law as a whole. So, we may not need to wait for a bill to clear, in order for such reliefs to be approved.

My take is: we should strive for 3-pronged approach - 1) near short term approach is to ask for immediate relief such as I-485 filing without the visa number availability; there may be other such reliefs possible - 2) short term approach is to support the current bills being considerd, as we are doing already - 3) long term approach is to think of what is the backup plan in case 1 and 2 fails

Just thinking out loud here.

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innervoice

07-15 12:16 PM

I have a EAD valid for next 2 years and H1 is also valid till Nov 2010, my employer want to cancel my H1 and to put me on EAD. Is there any kind of risk involved in doing so, Please suggest.

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rpatel

09-18 09:40 AM

The story goes some thing like this....

My labor was approved by Dallas BEC on 21st June'06 and my employer received a letter to that effect by end of June.
By July 25th my lawyer had everything else in place to file the I-140 but was yet to receive the stamped ETA forms from Dallas...so she concluded the approval was lost in mail. She sent the I-140 petition to nebraska on July 26th with a copy of the approval letter that my employer received along with a letter telling the orginal approval was lost in mail. The lawyer did finally receive the original approval in the first week of August (May be the postman took a scenic route :) ). The I-140 petition was forwarded to Texas under bi-specailization. I received an automated email from USCIS case notification that an RFE was issued on sept 1 but neither the lawyer nor my employer had received any RFE letter up until last Friday (sept 15) so I pressed her to find out more. She called the Texas service center and they told her 'The RFE was not for the employer' It was for the DOL...They sent a request to USCIS for a copy of labor approval and were waiting to hear back...

Now my questions:

1. I know you will say why not ask the lawyer to sent the approval she received in mail to USCIS and resolve the issue. I thought the same but lawyer thinks it will create additional confusion and advises we wait 4 more weeks to see if they decide on the case...if not..only then send the approved ETA forms. Do you think its a wise idea ?


2. Has any one else here gone through similar situation or know some one who did ? How long does it take for USCIS to receive a copy of labor from DOL ? Since Dallas is all electronic now..shouldn't it be as simple as forwarding a screen shot of ETA to the USCIS requesting officer ?

Since EB2 dates for India a retrogrogressed badly I am not in any particular hurry but it would be great if I can atleast get this 140 monkey off my back..Thankyou

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moonrah

07-29 09:31 PM

Again, any help will be appreciated.

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masterji

01-27 11:34 AM

The consulate gave it back when I showed him my AP.

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mannubhai

05-19 11:14 PM

Hi,
I came to the USA on F-1 student visa which is expired on 2005. Currently I have H1B status (I-797 form) (and NOT a stamped visa) and I-94 attached to the I-797 form.

My question is that. Can I visit Canada for less than 30 days and coming back without the need to get a visa (automatic visa re-validation) OR I have to get a visa?

I am worried because I never have a stamped H1B visa on my passoprt. Only H1B status + I94 which are not attached to the passoprt?

I need your help and how can I make sure as I do not want to lose my job.

Thank you,
John

I think you will need a Visa.
I remember a bulletin from Murthy.com a few months back mentioning a rule where people going for first time H1 B stamping (from F1, H4) cannot get their H1 stamped in Mexico and the rule was soon to be followed in Canada as well. Please search the Murthy.com site for more information on this but i would advice going to home country.

Other members - please let us know if you are better informed.

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hibworker

11-24 02:14 PM

H1B for 2009-10 can be applied at any time with immediate or deferred start date.
H1B for 2010-11 can only be applied on or after April 1, 2010 with start date of Oct 1, 2010 or later.

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wandmaker

10-01 12:18 PM

I'm currently working for Company A on H1B Visa. My GC is sponsored through Company B as a future employee. I never worked for Company B which has sponsored for my GC. I have applied for I485 and I140 has been approved for more than 6 months.

Company A is going through lay offs and wont be able to apply for my GC. My 6 yr limit on H1B from Company A will expire next year.

Can i apply for H1B extension through Company A based on my I-140 from Company B.

Yes, it is legal, allowed, and possible

no. Comp A cannot apply for H1 extension as the PERM labor is not held by them. What you can do is get an EAD and continue to work for Company A, but then Company A will have to take over the process using AC21

Incorrect

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obviously

07-26 11:13 PM

Folks, let us concentrate on sending the output of all the good analysis done by various members to this person who it appears has a job to identify and recommend systemic fixes. It would be far more useful than sharing woes amongst ourselves in these b-boards.

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pappu

03-02 04:37 PM

nope. Its not useful.

focus on meeting the lawmakers in person at this time.

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pd_recapturing

12-13 02:50 PM

There is no AC21 for derivative applicants. She can join any employer at any time. AC21 comes into picture only for primary applicant. Derivatives get almost a virtual GC in terms of EAD.

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The “Hannah Montana” starlet

validIV

03-05 05:10 PM

I have a similar situation and I just asked these questions from my lawyer so I can answer somewhat. Either case, someone will correct me if I am wrong.

1.Can I add my spouse to my GC status when PD is not current?My spouse is on H1B visa.
Not until your PD is current or close to being current. Does she have an approved LC and I-1140, pending 485 (concurrent filing)? If she does u may have some advantages like cross-chargeability etc.


2.If I start using EAD, is it still possible to add spouse or I should maintain valid H1 status?
Doesnt matter as long as you maintain either H1-B or AOS(pending I-485)

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India76

03-01 10:28 PM

Thanks rajesh_kamisetty for your prompt reply. It helps.

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andy garcia

03-28 07:55 PM

Just published today

Visa Statistics for Fiscal Year 2007 (http://www.travel.state.gov/pdf/FY07AnnualReportTableV.pdf)

********* Total **** EB1 *** EB2 *** EB3 *** EB4/5
Worldwide 154,458 * 26,807 * 44,400 * 77,665 ** 5,587

Top getters:
*********** Total *** EB1 *** EB2 ** EB3 ** EB4/5

India __ 27,419 * 2,855 * 6,203 * 17,985 * 376
China __ 13,615
Mexico __ 12,596
S. Korea _ 11,298
Philippines 10,867
Canada ___ 6,772
Great Britain 5,705
Brazil ____ 4,221

No unused visas.

India got 18 % of the visas issued

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manish756

04-12 04:32 PM

Thanks a lot . she is travelling on AP. I haven't received the RFE till now.
It was issued in 10 april 2009i didn't understand about three weeks.Can you pls elaborate

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gcdreamer05

09-22 04:05 PM

I work in a private firm (<300 employees) and they have filed for PERM and is under audit. What would happen to my PERM if a bigger firm takes over my smaller company.

My H1-B 6 yr limit will expire by January 2010. What are the risks to my immigration status if my company is acquired by a bigger firm?

1. Will I have to re-file for PERM again with the new company?

OR

2. Can I continue under the already audited PERM in smaller company's name?

As long as the successor company wants you to continue with them , you have no problem. You can ask your attorney to send details about acquisition if there is any RFE and you are safe.

But you should really try to find out, if the future company would like to support your PERM, because that is more important - company support.

All the best.

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mundakamal

06-13 07:49 PM

Hi All,

My employer after too much of talks is ready to file. But in all the applications he wants to put his address so that he receives the EAD card and AP..He is not ready to put my address. Can he keep my EAD card ?

Gurus please advise...

Thanks!

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somegchuh

07-11 06:09 PM

Hi Bose,

so it took you almost 9 months and you still don't have the H1 renewal? wow... that's unbelievable. I just received an email from my lawyer's legal assistant and they have received the H1 approval notice. So I have no idea what the hell is going on!

Ah the wonders of govt work...

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eadguru

10-04 01:49 PM

Hi Tnite,

Thank you for your reply.
...but only in Adjustment of status, what does it meaning?

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sanjay02

12-18 06:45 PM

Hi
Does any one know what this message means? I am pasting it below, I havent opted from consular processing then why would my I-485 go to NBC? I am a July 2007 filer for my I-485

------------------------------------------------------------------------
On December 18, 2008, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our NATIONAL BENEFITS CENTER location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our NATIONAL BENEFITS CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

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gcbeku

08-12 11:43 AM

My wife has her H-4 visa expired. She has her papers(I-797) valid until Dec 2010.

My firm plans on filing an extension for my H1 and my wife's H4 next month. Is it ok for her to stay in India while the H1/H4 extension is getting processed?

Is it ok to travel via Frakfurt? Would she need a transit visa?

Please advice. Thank you,for your responses.

Yes. We faced this problem once. She should either stay in India or the US until the H4 approval notice comes through. Try not to travel after the extension application is filed.

Remember that if she is in the US, then you will submit her current I-94 which will be renewed by USCIS and that will also appear at the bottom of the I-797 approval notice. If she travels back to the US, then she will get a new I-94 (new number) that will expire in Dec 2010 (she will need a new visa stamp to travel, BTW). You then have to go through the additional steps of sending that to USCIS and/or filing again for extending the "new" I-94.

I don't know for sure how big of a problem it is, but I think it is a big problem to have an I-94 that does not match what is on the approval notice.

If she stays in India, however, then she will get a clean H4 approval notice....No I-94 problems there.

But please check with your lawyers too..


Transit visa at frankfurt? It might be safer to get it... will save a lot of hassle. Here is a link.
http://www.germany.info/Vertretung/usa/en/04__Legal/02__Directory__Services/01__Visa/__Transit__Country__List__Visa.html

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dresses the former Hannah Montana

Miley Cyrus singing her new

NolaIndian32

04-23 12:17 PM

Go to the web site http://www.cic.gc.ca/english/index.asp and review your different options.

You can immigrate base dupon family sponsorship, employment or just the point system without employment.

I qualified by point system without employment offer. You can take the test on line for free to see if you qualify by the point system.

Best of Luck

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more...

makeup former #39;Hannah Montana#39;

With the “Hannah Montana”

rolrblade

08-20 10:16 AM

I remember reading if you travel outside the country while your AP is pending, it will be considered abandoned and you may not receive approval or any refund.
Check with your attorney

This is unfortunately a little incorrect advise. H1B is a dual intent visa, which means it can be held TOGETHER with your AOS or 485.

As long as you use your H1B to travel, you are fine.

Have a good trip

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girlfriend her #39;Hannah Montana#39; days.

Miley is seen in her underwear

terah14

10-27 12:59 AM

The process of delay in the background check is known as the extended background check becasue I have not hear and read regarding this extended back ground check before. So anyone has hear this word or has anyone has idea about this???

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hairstyles The Climb singer revealed her

But Cyrus#39; quot;Hannah Montana:

drak70

03-06 01:36 PM

I thought FNU meant First name Unknown
used onlu when you have a single name


Lastly you can alsways go toa court and officialy add your surname to hers legally

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k_confused

08-16 07:08 PM

Her passport :( Issues with the passport :(

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guy03062

12-08 08:07 PM

I think we're looking for Jan '09 bulletin ;)

India:

EB2 -> 01-JUN-2003
EB3 -> 01-OCT-2001

http://travel.state.gov/visa/frvi/bulletin/bulletin_4384.html

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