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GCwaitforever
06-27 10:06 AM
In addition to doing QA, please continue with your current responsibilities also so that job profile would not alter too much from what is given in the beginning.
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bpratap
09-10 02:03 AM
How do U know the Name Check is complete ? or not ?
sundarpn
10-01 12:09 PM
it is increasing to 1225 I think in Nov sometime. Not this month. My attorney said $1000 yesterday, so that's what I am paying.
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Blog Feeds
08-05 08:00 PM
H1B Visa Lawyer Blog Has Just Posted the Following:
The United States Immigration and Customs Enforcement (ICE) recently updated (http://www.ice.gov/doclib/sevis/pdf/ApprovedSchools.pdf) the list of Student and Exchange Visitor Program (SEVP) approved schools. The schools listed have all been certified to participate in the program.
The program allows foreign students interested in obtaining an education in the United States to complete a visa petition, pay the required fee, and attend a U.S. College or University.
Interested Foreign students: There is a process in obtaining a student visa, but it is not a difficult one. The student must first obtain Form I-20 from the U.S. College or University from which he/she intends to enroll, pay the required visa fee (Form I-901) and contact a local U.S. Consulate/Embassy to schedule an interview. The SEVP procedures differ among U.S. Consulates/Embassies; contact your U.S. Consulate/Embassy NOW to determine its particular procedure on applying for a visa before planning for the interview.
Interested Schools: There is a separate process to obtain F & M Certification. Authorized school officials must obtain and complete Form I-17. An overview of the SEVP Certification process can be found on the ICE website . If approved, the school will be certified and allowed to issue Form I-20 to qualifying foreign students.
If you need assistance or an explanation of the SEVP/student visa, please contact our office (http://www.mvplg.com/contact.htm) to schedule a consultation.
More... (http://www.h1bvisalawyerblog.com/2010/08/updated_list_sevp_approved_sch_6.html)
The United States Immigration and Customs Enforcement (ICE) recently updated (http://www.ice.gov/doclib/sevis/pdf/ApprovedSchools.pdf) the list of Student and Exchange Visitor Program (SEVP) approved schools. The schools listed have all been certified to participate in the program.
The program allows foreign students interested in obtaining an education in the United States to complete a visa petition, pay the required fee, and attend a U.S. College or University.
Interested Foreign students: There is a process in obtaining a student visa, but it is not a difficult one. The student must first obtain Form I-20 from the U.S. College or University from which he/she intends to enroll, pay the required visa fee (Form I-901) and contact a local U.S. Consulate/Embassy to schedule an interview. The SEVP procedures differ among U.S. Consulates/Embassies; contact your U.S. Consulate/Embassy NOW to determine its particular procedure on applying for a visa before planning for the interview.
Interested Schools: There is a separate process to obtain F & M Certification. Authorized school officials must obtain and complete Form I-17. An overview of the SEVP Certification process can be found on the ICE website . If approved, the school will be certified and allowed to issue Form I-20 to qualifying foreign students.
If you need assistance or an explanation of the SEVP/student visa, please contact our office (http://www.mvplg.com/contact.htm) to schedule a consultation.
More... (http://www.h1bvisalawyerblog.com/2010/08/updated_list_sevp_approved_sch_6.html)
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SVS
09-09 05:22 PM
Hi,
1. I do not know.
2. Once your approval comes through, it will just be a regular H1-B transfer, so you should be able to carry the remaining of the 3 years on the H1-B.
3. As far as I know, your GC petition will not go with you and you'll have to start all over again. I believe, when you file your I-485 with EAD and it has been over 180 days, then you have your EAD and you can change your employer using AC21.
I am on my first H1 (3rd year) and filed for an extension recently. I received my notice a few days back.
Good luck,
SVS
PD: Dec 2007
I-140: Aug 2008
As always, do check with an attorney!
1. I do not know.
2. Once your approval comes through, it will just be a regular H1-B transfer, so you should be able to carry the remaining of the 3 years on the H1-B.
3. As far as I know, your GC petition will not go with you and you'll have to start all over again. I believe, when you file your I-485 with EAD and it has been over 180 days, then you have your EAD and you can change your employer using AC21.
I am on my first H1 (3rd year) and filed for an extension recently. I received my notice a few days back.
Good luck,
SVS
PD: Dec 2007
I-140: Aug 2008
As always, do check with an attorney!
pappu
05-03 09:03 AM
We are all retrogressed people here and may not have the experience in this matter. Immigrationportal.com has an area to discuss such posts. You may want to discuss there.
In my experience in such matters, it is really not helpful to post qualifications and ask for chances of success. You need to discuss everything with an immigration lawyer since it is a highly difficult catagory for anyone. There are several finer details in each of the criterias that regular members do not know on forums.
In my experience in such matters, it is really not helpful to post qualifications and ask for chances of success. You need to discuss everything with an immigration lawyer since it is a highly difficult catagory for anyone. There are several finer details in each of the criterias that regular members do not know on forums.
more...
stebbinsd
01-16 09:04 PM
Hello.
I can't find an optimal place to put this question, so I'll put it here.
According to this web page:
IMBRA, HR3402 questionaire (http://www.heartofasiaonline.com/hr3402.php)
If I don't use a compliant marriage broker to meet my fiance, then my K1 visa gets denied, automatically, because I met via a "black market" broker, for lack of a better term.
Is that true, or is he just trying to scare me into using HIS service? I've read the ENTIRE text of the International Marriage Broker Regulation Act (it's not a very big statute to read; it's a subsection of a much larger act), and it never says anything about how I should get denied to sponsor my fiance's visa because my BROKER didn't conduct the background checks.
I wouldn't be this concerned if it weren't for the fact that there are very few sites that seem to comply with IMBRA's criminal background check regulations. I have no problem telling the woman that I'm not a criminal (I've got nothing to hide), but why should I be denied the right to marry her, forever and ever, with no recourse, since the damage has already been done, because my BROKER messed up?
The only negative consequence I've read in this act is that the broker has to pay a fine if he doesn't conduct the background checks. Whoopdie doo! What does that have to do with me?! As long as I get the visa for my soul mate, I could care less what happens to my broker; he's done his job as far as I'm concerned.
Is my intuition correct? If that web page is true, can you refer me to the exact clause that states that meeting via a non-compliant broker constitutes an automatic visa rejection?
I can't find an optimal place to put this question, so I'll put it here.
According to this web page:
IMBRA, HR3402 questionaire (http://www.heartofasiaonline.com/hr3402.php)
If I don't use a compliant marriage broker to meet my fiance, then my K1 visa gets denied, automatically, because I met via a "black market" broker, for lack of a better term.
Is that true, or is he just trying to scare me into using HIS service? I've read the ENTIRE text of the International Marriage Broker Regulation Act (it's not a very big statute to read; it's a subsection of a much larger act), and it never says anything about how I should get denied to sponsor my fiance's visa because my BROKER didn't conduct the background checks.
I wouldn't be this concerned if it weren't for the fact that there are very few sites that seem to comply with IMBRA's criminal background check regulations. I have no problem telling the woman that I'm not a criminal (I've got nothing to hide), but why should I be denied the right to marry her, forever and ever, with no recourse, since the damage has already been done, because my BROKER messed up?
The only negative consequence I've read in this act is that the broker has to pay a fine if he doesn't conduct the background checks. Whoopdie doo! What does that have to do with me?! As long as I get the visa for my soul mate, I could care less what happens to my broker; he's done his job as far as I'm concerned.
Is my intuition correct? If that web page is true, can you refer me to the exact clause that states that meeting via a non-compliant broker constitutes an automatic visa rejection?
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raysaikat
04-08 12:39 AM
Hi,
I am in the US now. Can I change to F1 visa in August and get the new F1 stamping or the approved transfer as you said, when I visit my home country later some ?
thanks again.
My understanding is that F1 visa status is maintained by I-20 and corresponding I-94 (which would usually say D/S and therefore would be valid as long as your I-20 and student-in-good-standing status are valid), for which you need to go outside US and reenter.
I am in the US now. Can I change to F1 visa in August and get the new F1 stamping or the approved transfer as you said, when I visit my home country later some ?
thanks again.
My understanding is that F1 visa status is maintained by I-20 and corresponding I-94 (which would usually say D/S and therefore would be valid as long as your I-20 and student-in-good-standing status are valid), for which you need to go outside US and reenter.
more...
lazycis
02-06 08:57 AM
Hello everyone,
I am in a very bad condition n would appreciate anyone who can advice me on same. I had been out of status for about 1 yr n 2 months following my denial of I 140 n expiration of H1b, n currently residing in US. Now i have a new approval for H1b from USCIS, a month back. I was instructed by my employer to go back to my native country n get approval from from the consulate n re enter US. My lawyer instructed that i will be barred at the consulate or at the airport due to the history of over stay in US upon re-entering . Is there any one who have heard experinces of this kind ever? plz share your knowledge... thanks
Lawyer is right. If you leave the country, you will be barred for 10 years from re-entry if you accumulated more than 1 year of "unlawful presence" ("out of status" is different and it is not a such a big deal to lose status as long as you do not accumulate unlawful presence). If you stay, you may be able to eventually get green card.
Can you provide more details regarding your timeline? Was I-485 filed? If you had pending I-485, "unlawful presence" counts from the date I-485 has been denied, not from the date H1 has expired.
I am in a very bad condition n would appreciate anyone who can advice me on same. I had been out of status for about 1 yr n 2 months following my denial of I 140 n expiration of H1b, n currently residing in US. Now i have a new approval for H1b from USCIS, a month back. I was instructed by my employer to go back to my native country n get approval from from the consulate n re enter US. My lawyer instructed that i will be barred at the consulate or at the airport due to the history of over stay in US upon re-entering . Is there any one who have heard experinces of this kind ever? plz share your knowledge... thanks
Lawyer is right. If you leave the country, you will be barred for 10 years from re-entry if you accumulated more than 1 year of "unlawful presence" ("out of status" is different and it is not a such a big deal to lose status as long as you do not accumulate unlawful presence). If you stay, you may be able to eventually get green card.
Can you provide more details regarding your timeline? Was I-485 filed? If you had pending I-485, "unlawful presence" counts from the date I-485 has been denied, not from the date H1 has expired.
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Ann Ruben
02-11 08:58 PM
Hi Vinod,
As a practical matter, you probably want to file your wife's I-485 application as soon as possible after the first day of the month in which your PD becomes current. As you know from experience, PD's can and do retrogress dramatically with little or no notice.
If your wife is in H4 status on the date that your GC is approve, she will automatically fall out of status. She can remain out of status for up to 180 days without losing eligibility to file for AOS, but if the PD retrogresses before she files, she has to wait and hope that your PD becomes current before 180 days have passed.
If your wife changes status to E-3 she can still file her I-485 when your PD becomes current. But,
E-3 status, unlike H-1 status, requires non-immigrant intent. So, theoretically, if your wife changes to E-3 status and then files the I-485 within 60 days, an allegation of immigration fraud could be made and possibly result in denial of her I-485.
Ann
As a practical matter, you probably want to file your wife's I-485 application as soon as possible after the first day of the month in which your PD becomes current. As you know from experience, PD's can and do retrogress dramatically with little or no notice.
If your wife is in H4 status on the date that your GC is approve, she will automatically fall out of status. She can remain out of status for up to 180 days without losing eligibility to file for AOS, but if the PD retrogresses before she files, she has to wait and hope that your PD becomes current before 180 days have passed.
If your wife changes status to E-3 she can still file her I-485 when your PD becomes current. But,
E-3 status, unlike H-1 status, requires non-immigrant intent. So, theoretically, if your wife changes to E-3 status and then files the I-485 within 60 days, an allegation of immigration fraud could be made and possibly result in denial of her I-485.
Ann
more...
Prashanthi
07-30 06:00 PM
I am going to complete my 6th year on H-1b, this year end. My I 140 is cleared and I am going to file for 3 years extension. In the beginning of this year, for 3 months pay stubs are not run, due to some personal reasons. Will this affect my renewal of H1. We need to submit 3 pay stubs, before applying for extension. There will be a shortfall of YTD, when compared to actual. Please share your thoughts, who have clear understanding on these. thanking you.
Will be a problem if they notice, hopefully they will overlook this. As per the Law you have to be on the payroll at all times unless the company has granted you unpaid leave for a very valid reason such as medical emergency etc.
Will be a problem if they notice, hopefully they will overlook this. As per the Law you have to be on the payroll at all times unless the company has granted you unpaid leave for a very valid reason such as medical emergency etc.
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ameryki
05-15 12:35 PM
Hi IV friends-
I am preparing to apply for my EAD througth E-file online. I am on H1-B currently and my I-485 was filled under my husband's EB2 application in July 2007. I did apply for EAD at the same time and got approved EAD for a year but never used and it it expired in December 2008. Now My H-1 B cap will reach in March 2011 and want to go on EAD ASAP so I can save the remaining time on H1-B ( advised by my company lawyer.) . My questions -
Should I apply for reneal of EAD or new EAD?
How difficulat is it to apply online? Do I need to send coyp of my H1-B etc as supporting deocument?
Thanks in advance for all the help.
Regards,
Imi1224
do some reading around here and you will find answers to all your questions. you will be renewing your ead.
I am preparing to apply for my EAD througth E-file online. I am on H1-B currently and my I-485 was filled under my husband's EB2 application in July 2007. I did apply for EAD at the same time and got approved EAD for a year but never used and it it expired in December 2008. Now My H-1 B cap will reach in March 2011 and want to go on EAD ASAP so I can save the remaining time on H1-B ( advised by my company lawyer.) . My questions -
Should I apply for reneal of EAD or new EAD?
How difficulat is it to apply online? Do I need to send coyp of my H1-B etc as supporting deocument?
Thanks in advance for all the help.
Regards,
Imi1224
do some reading around here and you will find answers to all your questions. you will be renewing your ead.
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qualified_trash
07-18 10:47 AM
If you filed your case 30 days or more before the date shown under the heading “Processing Cases with Receipt Date of” and you have not received a request for evidence, a decision, or another notice in the last thirty days, please call our National Customer Service Center at 1-800-375-5283.
from the url
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=Vermont
from the url
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=Vermont
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yyfGC98
05-19 12:49 PM
I need help on my I485 pending case:
When I was a PHD student I filled NIW (national interest waiver) and got my I-140 approval (priority date is 6/22/2006). Now I am working for a Telecommunication company.
My NIW I-140 form stated my job is:
SOC Code: 17-2112
Nontechnical description of job: Operations research and logistics with optimization and numerical analysis.
In my NIW cover letter, I stated my contribution in airline industry with the operations research and optimization knowledge. My current work is still related to the operations research and logistics but my contribution is different now. Does that mean I am not in the same research/work field? Some attorney said my I-485 will most probably be denied because I am not benefit to airline industry now. Is this true?
What is the definition of the same/similar field? I thought I should be safe as long as I continue to work on OR and logistics related work, even if my work on different project or for different companies.
When USCIS process I-485, they will look at the job description on I-140 form or the contribution in cover letter?
An attorney suggested me to apply a PERM as a backup to keep the existing priority date (6/22/06), in case my NIW-based 485 case has any issue.
What's the percentage of chance that you think my 485 can be denied due to the working field issue? I originally thought it's very small (less than 5%), and I just need to wait for the Visa availability. Is it correct?
My husband's H1 visa is about to reach the 6 year limit in March 2011, and he was thinking to use EAD from my 485 case until we get green card. Is this a good plan, or he need to apply a PERM as a backup too? Is it too late? What would be a good plan?
When I was a PHD student I filled NIW (national interest waiver) and got my I-140 approval (priority date is 6/22/2006). Now I am working for a Telecommunication company.
My NIW I-140 form stated my job is:
SOC Code: 17-2112
Nontechnical description of job: Operations research and logistics with optimization and numerical analysis.
In my NIW cover letter, I stated my contribution in airline industry with the operations research and optimization knowledge. My current work is still related to the operations research and logistics but my contribution is different now. Does that mean I am not in the same research/work field? Some attorney said my I-485 will most probably be denied because I am not benefit to airline industry now. Is this true?
What is the definition of the same/similar field? I thought I should be safe as long as I continue to work on OR and logistics related work, even if my work on different project or for different companies.
When USCIS process I-485, they will look at the job description on I-140 form or the contribution in cover letter?
An attorney suggested me to apply a PERM as a backup to keep the existing priority date (6/22/06), in case my NIW-based 485 case has any issue.
What's the percentage of chance that you think my 485 can be denied due to the working field issue? I originally thought it's very small (less than 5%), and I just need to wait for the Visa availability. Is it correct?
My husband's H1 visa is about to reach the 6 year limit in March 2011, and he was thinking to use EAD from my 485 case until we get green card. Is this a good plan, or he need to apply a PERM as a backup too? Is it too late? What would be a good plan?
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senk1s
05-22 11:32 AM
this thread is what you are looking for
http://immigrationvoice.org/forum/showthread.php?t=18905
http://immigrationvoice.org/forum/showthread.php?t=18905
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gk_2000
11-05 04:46 PM
There are easily 100000 of us here in the line. If we are all given GC's would it work in the national interest?
Specifically, there are three tests for national interest. Refer to this link for a more comprehensive explanation:
Miller Mayer - National Interest Waivers (http://www.millermayer.com/Immigration/ImmigrantVisas/NationalInterestWaiver/NationalInterestWaivers/tabid/224/Default.aspx)
1: Work of "Substantive Intrinsic merit": Basically any work is bound to have some merit, and can probably be quantified to prove that it is potentially worth billions
2: National in scope: Any work done that can be replicated all over the country and benefit a lot of people, or applied everywhere
3: Applicant should be more productive than his colleagues
Collectively, do we meet these criteria? Point by point:
1. Gather details of each and every one's project, past and present, and state the intrinsic merits
2. Include explanations on how the projects and technologies, if or when applied globally, would make a difference
3. Maybe, if you have an approved labor, this can be taken care of
And if we include all of our applications as one, and mention the economic benefits of our migrating, and submit a single application, or several as a whole, do we stand a chance of getting approved for a GC based on National Interest Waiver?
In principle, do you believe that our immigration is in the national interest?
Specifically, there are three tests for national interest. Refer to this link for a more comprehensive explanation:
Miller Mayer - National Interest Waivers (http://www.millermayer.com/Immigration/ImmigrantVisas/NationalInterestWaiver/NationalInterestWaivers/tabid/224/Default.aspx)
1: Work of "Substantive Intrinsic merit": Basically any work is bound to have some merit, and can probably be quantified to prove that it is potentially worth billions
2: National in scope: Any work done that can be replicated all over the country and benefit a lot of people, or applied everywhere
3: Applicant should be more productive than his colleagues
Collectively, do we meet these criteria? Point by point:
1. Gather details of each and every one's project, past and present, and state the intrinsic merits
2. Include explanations on how the projects and technologies, if or when applied globally, would make a difference
3. Maybe, if you have an approved labor, this can be taken care of
And if we include all of our applications as one, and mention the economic benefits of our migrating, and submit a single application, or several as a whole, do we stand a chance of getting approved for a GC based on National Interest Waiver?
In principle, do you believe that our immigration is in the national interest?
more...
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WeShallOvercome
11-20 01:55 PM
what does it mean? If you apply your 485 on July 2nd, within 6 months time (by Jan 2nd) you will get 485 approved?
This question has been asked 100000000 times..
your I-485 will be adjudicated in 6 months IF and ONLY IF your PD is current and your security checks are cleared. Without these 2 conditions, the processing times are pretty much useless for us.
This question has been asked 100000000 times..
your I-485 will be adjudicated in 6 months IF and ONLY IF your PD is current and your security checks are cleared. Without these 2 conditions, the processing times are pretty much useless for us.
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evildead
05-04 02:46 PM
why did your case go to audit? would you mind sharing?
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simbasimba
01-06 02:21 AM
I have a 4 year college degree from the US and 5 years of experience. I would like to know when they say 5 years of progressive experience does also that include an increase in salary over the five years? My previous employer paid me 60kper anum but my new employer is paying me 55k per anum. There is drop in salary by 5 thousand. Will this affect my application. Please advise. Thanks much!
sanjay02
06-22 01:56 AM
Hi
Tell them that you will report their activities to Dept of Labor.
email:info@dol.gov
Look for DOL local office. But before you do anything call an attorney speak to him.
Tell them that you will report their activities to Dept of Labor.
email:info@dol.gov
Look for DOL local office. But before you do anything call an attorney speak to him.
tempgc
11-05 02:49 PM
Thanks a lot
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