nonimmi
07-20 12:53 PM
Rule 1: Life is not fair -- get used to it!
- From Bill Gates' 11 Rules of Life
- From Bill Gates' 11 Rules of Life
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shahpeerally
12-04 09:17 PM
Re: #1
Good question.
The rule is misleading and your confusion is understandable. Do not file in the CSC, it will likely be rejected, or if you're lucky, they might overlook it or transfer the case to VSC.
The filing location will be the VSC because that's your worksite. The rule requiring you to file in CSC has to do with the "H-1b employer" itself being cap exempt (ie. institutions of higher education and certain non-profit organizations). Your H-1b employer is a for-profit company, I assume, so they are not exempt from the cap.
Re: #2
Section 2.2 should be "e" if you're porting to a new employer, if it's a pure extension with the same employer, pick "b."
Section 2.5 should be "c."
Good question.
The rule is misleading and your confusion is understandable. Do not file in the CSC, it will likely be rejected, or if you're lucky, they might overlook it or transfer the case to VSC.
The filing location will be the VSC because that's your worksite. The rule requiring you to file in CSC has to do with the "H-1b employer" itself being cap exempt (ie. institutions of higher education and certain non-profit organizations). Your H-1b employer is a for-profit company, I assume, so they are not exempt from the cap.
Re: #2
Section 2.2 should be "e" if you're porting to a new employer, if it's a pure extension with the same employer, pick "b."
Section 2.5 should be "c."
alkg
10-26 02:05 PM
Yes I files my applications at NSC but receipt nos are of TSC
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go2roomshare
03-29 04:57 PM
What I don't understand is why you are filing another I-140 when you already filed I-485? In any case you can use AC21 only after your 485 has been pending for more than 180 days.
For PD porting you need to file I 140
For PD porting you need to file I 140
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salvador marley
04-27 05:42 PM
yep it seems dead does this one
looivy
10-11 02:50 PM
I am a labour substitution case pd feb 2002 filed 140 in June at NSC. My 140 has been pending for more than a year. Now recently I received 2 year ead.
Does this imply my 140 is approved too???
Is it safe to work on ead of one gets 2 year ead with pending 140.??
please advice.
I do not understand why they grant EADs when your I-140 is not approved. The reason I bring this up is if a person loses his/her job and your I-140 is revoked, the EAD is useless. You cannot use AC21 for that because your I-140 is not approved.
Nebraska center is doing nothing regarding I-140 EB-3 (India) apps. The I-140 date at Nebraska has beeing moving by 1 day per month for the last 7-8 months. It is stuck at March 30th 2007. Moreover, the latest "as of" i.e. "report" date that you see on Nebraska is July 31st 2008. It is not current (Sept 2008) as many of you may think.
I understand that they receive 1000s of applications but that is no excuse for incompetence. As of July 31st, it was taking them 1 year and 4 months and now it is 1 year and 6 months to process I-140.
Why don't they re-institute expedited I-140 approval?
Can IV please help us?
Does this imply my 140 is approved too???
Is it safe to work on ead of one gets 2 year ead with pending 140.??
please advice.
I do not understand why they grant EADs when your I-140 is not approved. The reason I bring this up is if a person loses his/her job and your I-140 is revoked, the EAD is useless. You cannot use AC21 for that because your I-140 is not approved.
Nebraska center is doing nothing regarding I-140 EB-3 (India) apps. The I-140 date at Nebraska has beeing moving by 1 day per month for the last 7-8 months. It is stuck at March 30th 2007. Moreover, the latest "as of" i.e. "report" date that you see on Nebraska is July 31st 2008. It is not current (Sept 2008) as many of you may think.
I understand that they receive 1000s of applications but that is no excuse for incompetence. As of July 31st, it was taking them 1 year and 4 months and now it is 1 year and 6 months to process I-140.
Why don't they re-institute expedited I-140 approval?
Can IV please help us?
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cessua
07-06 09:11 PM
Same thing...
http://www.cbc.ca/cp/technology/070705/z070502A.html
http://www.cbc.ca/cp/technology/070705/z070502A.html
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AK01
09-11 03:59 PM
I wonder what is the difference between Data Review and In Process...
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lincoln
01-20 03:32 AM
Divak, Please see this link:
http://www.lexisnexis.com/practiceareas/immigration/pdfs/web635.pdf
If you don't get your Cards in a reasonable timeframe, I suggest you take an appointment with your local USCIS office using infopass, and take a copy of this ruling to show them. I expect them to act promptly after seeing that you are considering suing them for the delay.
http://www.lexisnexis.com/practiceareas/immigration/pdfs/web635.pdf
If you don't get your Cards in a reasonable timeframe, I suggest you take an appointment with your local USCIS office using infopass, and take a copy of this ruling to show them. I expect them to act promptly after seeing that you are considering suing them for the delay.
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Ally
06-15 02:38 PM
Good afternoon all,
I am very new to this world of immigration employment, and I am not sure what I need to do to assist an associate in finding employment and (ultimately residency) in the US. He is a friend of mine's father, and has been out of work in the Ukraine for the last 8 months; he is an electrical engineer by trade and has university degrees.
From what I can gather, the Employ American Workers Act seems like it could be an impediment in obtaining a H-1B Visa (This is the type of Visa that he would need to work in the US, correct?)
Can anyone provide any guidance or suggestions on how to begin the job seeking process, and potential obstacles to be aware of?
Thank you so much for any assistance that you may be able to provide!
I am very new to this world of immigration employment, and I am not sure what I need to do to assist an associate in finding employment and (ultimately residency) in the US. He is a friend of mine's father, and has been out of work in the Ukraine for the last 8 months; he is an electrical engineer by trade and has university degrees.
From what I can gather, the Employ American Workers Act seems like it could be an impediment in obtaining a H-1B Visa (This is the type of Visa that he would need to work in the US, correct?)
Can anyone provide any guidance or suggestions on how to begin the job seeking process, and potential obstacles to be aware of?
Thank you so much for any assistance that you may be able to provide!
more...
topgun_gc
07-11 11:01 AM
A similar statement is mentioned on immigration-law.com.. not sure the validity, but sounds interesting.:)
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gbof
07-15 04:59 PM
What was done under medical ? Vaccination , TB test , XRAY , ..
Thanks for your help.. also would you let me know doc's name if I PM you ?
NO insurance company will cover the medical examination for immigration and this is true. Medical cost may vary.
Thanks for your help.. also would you let me know doc's name if I PM you ?
NO insurance company will cover the medical examination for immigration and this is true. Medical cost may vary.
more...
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USIVC
12-21 05:28 PM
Below is what I think to your three case scenario:
Case 1: According to the USCIS's rule of last action, whichever petition or application came out last is your new non-immigrant status. So if your H1b transfer gets approved first and then your H-1B -> F1 gets approved, you are in F-1, or vice versa. But then if your first H1B has already expired before you turn in your F-1 application, it gets a little complicated. In that case, the F-1 application cannot be approved before the H1B transfer is approved.
case 2: If your first H1B is still valid, then it is ok if your H1B transfer is denied. If your first H1B is expired already before your submit your F-1 application, and your H1B transfer gets denied, you could be out of status.
case 3: If your H1B transfer is approved, and F-1 application is denied, you are still in H1B.
There is an article discussing authorized stay and authorized status which relates to your questions: Differences Between “Authorized Status” and “Authorized Stay” (http://www.us-immigrationvisa.com/article/differences-between-authorized-status-and-authorized-stay)
Case 1: According to the USCIS's rule of last action, whichever petition or application came out last is your new non-immigrant status. So if your H1b transfer gets approved first and then your H-1B -> F1 gets approved, you are in F-1, or vice versa. But then if your first H1B has already expired before you turn in your F-1 application, it gets a little complicated. In that case, the F-1 application cannot be approved before the H1B transfer is approved.
case 2: If your first H1B is still valid, then it is ok if your H1B transfer is denied. If your first H1B is expired already before your submit your F-1 application, and your H1B transfer gets denied, you could be out of status.
case 3: If your H1B transfer is approved, and F-1 application is denied, you are still in H1B.
There is an article discussing authorized stay and authorized status which relates to your questions: Differences Between “Authorized Status” and “Authorized Stay” (http://www.us-immigrationvisa.com/article/differences-between-authorized-status-and-authorized-stay)
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krishna_brc
07-10 08:54 AM
Did you get an answer from your attorney?
yes please let us know
yes please let us know
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ak_2006
05-11 03:13 PM
Where is the bulletin. :rolleyes:
As we know, it will be out before 15th...so, we can expect by 13th or 16th in worest case :). I knew...that you have better understanding than me.
As we know, it will be out before 15th...so, we can expect by 13th or 16th in worest case :). I knew...that you have better understanding than me.
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pmandappa
10-25 10:54 AM
I have a PD of April 2008 in the EB2-I category, but am exploring the option of switching to EB1 if possible. I am a clinical psychologist, working in a not-for-profit agency. What are my chances? Does it depend more on the case itself or a really good lawyer who can present your case in the best way it can be presented? This is a really stressful situation because my husband's H1-B runs out next summer and we cannot live here on just my income. Any feedback?
more...
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chanduv23
10-17 12:52 PM
My 485 got approved 2 months back. There was an RFE for my wife and by the time I answered it, the visa numbers were over. Now I am planning to change my job. I know its good to wait for at least 6 months before you switch over, but I don't have that option. Can there be any issues with my wife's application?
The title is misleading - can be interpreted as "You are leaving your job and wife because you got an RFE and you want to know if there is any problem?"
The title is misleading - can be interpreted as "You are leaving your job and wife because you got an RFE and you want to know if there is any problem?"
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unseenguy
06-09 12:42 PM
I have EAD, can I work on 1099 as self employed?
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gclongwaytogo
10-09 03:12 PM
Can you please explain it a bit more clear. I assume that you appled two I485? One for you, with your wife as dependant. And your wife, with you as dependant. Is that right.
If so which applications should have same A number. I though A number is different for each applicant. And how can your wife and you both have same A number?
:confused:
If so which applications should have same A number. I though A number is different for each applicant. And how can your wife and you both have same A number?
:confused:
starscream
07-01 12:39 PM
Immigration - Forbes.com (http://www.forbes.com/2010/05/20/immigration-illegal-aliens-opinions-immigration-special-report_land.html?boxes=Homepagelighttop)
samcam
10-31 11:25 AM
My employer will not withdraw my I-140. Should I still go ahead with AC21 or should I just do change of address with USCIS?
I will be starting my new job pretty soon. Any useful suggestions appreciated.
Thanks!
Samcam
I will be starting my new job pretty soon. Any useful suggestions appreciated.
Thanks!
Samcam
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