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  • monicasgupta
    12-31 10:32 AM
    Dear friends,

    My h1 is valid till Dec 2009. H1 stamping is expired in passport in Oct 2007.
    My AP is approved. I am planning to travel in Jan 2008. Can I us AP to reenter in Feb 2008 and continue working on H1 or do I have to use EAD to work?

    Thanks
    MOnica





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  • vali
    10-23 01:13 PM
    No question is stupid, we are all learning and there are always these complex and everchanging provisions. I-140 Premium is not available as of now. It could change anytime. Is $1000.00 Lawyers fees? for filing I-140? COs s/he cannot ask for PP fees. Go to USCIS home page to figure out what the I-140 and I-485 FEES are and add your lawyers fees to it to get an approximate total.
    Depends on the center, Texas or Nebraska, I-140 approval takes anywhere between 2months and 14 months. Nebraska is taking 14 months.
    With an older PD, you are very certain to get GC within the next 3-6 months if you do not get stuck in name check and if your I-140 gets cleared.
    Do not lose hope.
    -------------------------------------

    I'm sorry, few details.
    Yes, the lawyer said that he will file to Nebraska.
    One small detail I did not understand: PD-priority date- is about the PD when I filled for LC or will be another PD for this I-140?
    About the fees:
    U.S. Government Fee: I-140- $475.00
    U.S. Government Fee: I-485 (includes I-765 and I-131) �$1010.00
    U.S. Government Fee: I-485 (includes I-765 and I-131) �$1010.00 - wife.

    the lawyer's fees are very high but I'm stuck and afraid to make changes at this last stage. I'm wrong?





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  • indianindian2006
    10-09 08:34 PM
    My RFE is with regards to Employer's ability to pay. Somehow, my employer hasn't submitted anything yet and the deadline is on Thurs Oct. 11. What will happen if we are not able to submit anything by the deadline? Will the app automatically get denied?

    According to what I have read,if the additional evidence is not sent out by the deadline then they will decide the case with the evidence that they have on hand,which is most likely not enough for them to approve the case.After they decide the case and if it goes against you then your option is motion to reopen the case or an appeal.Contact your employer and attorney to send the papers ASAP.
    Good luck.





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  • lj_rr
    09-01 04:21 PM
    Thanks gcwanted101.
    So it looks like G639 is only for requests to USCIS and not for DOL.

    Can anyone who has submitted an FOIA request to DOL for Labor docs clarify the process?
    I browsed the DOL web site, but they don't seem to have a form similar to USCIS G-639 form.


    Hey lj_rr

    "Also for the labor copy, should the request be sent to USCIS or DOL?"

    For Labor : you have to send request to DOL.
    For 140 : you have to send request to USCIS.



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  • Student with no hopes
    01-24 09:49 AM
    http://www.travel.state.gov/pdf/FY10AnnualReport-TableV-PartII.pdf





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  • go_guy123
    09-15 12:52 PM
    Hi All,

    Pardon my ignorance, but after seeing the initial steps of the CIR, I feel there's some hope for the Employment based immigrants, but no one seems to be discussing anything positive about it. Am I missing something here? :confused:

    Thanks

    I think you are new to EB issues. EB reform has been tried since 2004 and it has failed each time. CIR has been tried since 2006 and it has failed many times. CIR has almost no chance given the political realities that Democratic party/Obama is getting tied up with healthcare.



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  • reachinus
    12-26 08:34 AM
    Hi There,

    In the substitute you have to report only the pay that you have received and you have to report to DOL if your Employer doesn't pay you atleast for the time that he got paid from the client. But logically speaking he has to pay you from the date you are on his H1.





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  • pcs
    04-09 03:53 PM
    For last 48 hours, I have been spreading word in Hrderabad IT community about the latest H1-B issues & subsequent EB issues . Since recent H1-B issues has caused a lot of stirr, I am getting much better response at this time. We need members & they may be anywhere in the world. Once we have members, we will get more visibility & contribution.

    SO PLEASE TRY TO SPREAD THE MESSAGE IN ALL IT COMMUNITIES IN THE WORLD ABOUT ISSUES & HOW IV IS FIGHTING THE CHALLANGE


    We must have 100,000 members in a short time


    Thanks



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  • syedajmal
    11-03 11:21 AM
    I know of a old couple who put in their appl to extend, but it took an inordinate amount of time. They left the country even before the appl was approved several months later. When it came to visa renewal time in chennai, they got denied several times. Just my 2 cents

    Once she got 2 month stamped at POE and I applied for her extn. But she left even before they even could process the application. As per my attroney's suggestion, we sent a letter to USCIS requesting to withdraw the petition stating that she had to leave to care of settling the sale of her house (you can give some reason, but the point is to withdraw the petition) USCIS will send you a notice confirming your withdrawal and make sure you keep that in record so that your MIL can show in case of questions that may arise in future.

    HTH, good luck





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  • Anders �stberg
    July 16th, 2004, 01:40 PM
    Thanks for the kind comments!

    I've processed some more, plus added a few new ones from today, so I had to start a new Swallows gallery (http://www.dphoto.us/forumphotos/showgallery.php/cat/776). Please visit and tell me what you think! :)

    Concurrent H1 and L1 [Archive] - Immigration Voice

    View Full Version : Concurrent H1 and L1




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  • deardar
    09-14 02:47 PM
    If your employer questions you.

    Tell em you had an appoinment with the Senater. ;)





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  • Queen Josephine
    June 18th, 2005, 10:06 PM
    In the words of William F. Buckley Jr..... some of my first instincts are reprehensible! Glad you finally got CS2....How are you liking it so far? (It IS out of the box isn't it?)



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  • raj2007
    02-20 08:43 PM
    Thank you for advice. i did not realize the issue was so complex. I did call uscis after i got married before i sent in my OAS papers and asked them how can i maintain legal status after my j-1 expires. they said that since i came legally, haven't broken any rules and got married before status expiration - i maintain "somewhat legal status"(i do not have j-1 2 year mandatory homecoutry stay either). My wife is US citizen.
    So i thought even thought period from 10/01 to 11/26 (receipt for receiving both i-485 and i-130) can be considered out of status - after that i can be considered a resident alien which would mean that it is still a legal status.

    Your status is fine once you files I-485, but travelling can be risky.





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  • nonimmi
    05-29 03:58 PM
    Early 2004 Priority date (EB3 India) may still be possible considering the huge movement happened last month. Who knows?? :)



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  • vinodp1978
    06-29 09:30 PM
    Guys,
    I am in a situation where if i dont file I-140 by PP i will not be eligible for H1b extension. My Labor date is april 27,2007 and my 6th year H1b expiration date is Feb 2,2008..so the 365 days rule wont work. The only way i can be in this country is if my 140/485 gets accepted and i get EAD or PP for 140 gets reinstated for me to extend.

    Also if PP for 140 goes away what is the typical time to process from NSC?

    can anyone tell me if i am reading the laws right?? any other options?

    Thanks.





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  • designserve
    03-02 06:20 PM
    I have heard atleast 12-13 companies in this area have ICE audits...that may happen to any company in the near term.Let us safely assume to caution new consultants to skip this year's H1B



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  • puskeygadha
    07-23 03:14 PM
    this is for cases which will be filed right..
    cases which are audited are audited and are in the audit queues ..correct???

    we are fucked





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  • optimist578
    03-18 01:05 PM
    Most of the pro-immigrant bills donot seem to have cosponsors, whereas, the anti-immigrant/security-enhancing/american-jobs-protecting bills have a lot of support.

    A small list of bills I found somewhat relevant to our issues...
    -----------------------------------------------------------------

    H.R.133 : To amend the Immigration and Nationality Act to deny citizenship at birth to children born in the United States of parents who are not citizens or permanent resident aliens.
    Sponsor: Rep Gallegly, Elton [CA-24] (introduced 1/4/2007) Cosponsors (5)

    H.R.938 : To amend the Immigration and Nationality Act to make changes related to family-sponsored immigrants and to reduce the number of such immigrants.
    Sponsor: Rep Gingrey, Phil [GA-11] (introduced 2/8/2007) Cosponsors (17)

    H.R.19 : To require employers to conduct employment eligibility verification.
    Sponsor: Rep Calvert, Ken [CA-44] (introduced 1/4/2007) Cosponsors (24)

    H.R.132 : To impose a criminal penalty on an alien who fails voluntarily to depart the United States after securing permission to do so, or who unlawfully returns to the United States after voluntarily departing.
    Sponsor: Rep Gallegly, Elton [CA-24] (introduced 1/4/2007) Cosponsors (2)

    H.R.98 : To amend the Immigration and Nationality Act to enforce restrictions on employment in the United States of unauthorized aliens through the use of improved Social Security cards and an Employment Eligibility Database, and for other purposes.
    Sponsor: Rep Dreier, David [CA-26] (introduced 1/4/2007) Cosponsors (24)

    H.R.842 : To provide for enhanced Federal, State, and local assistance in the enforcement of the immigration laws, to amend the Immigration and Nationality Act, to authorize appropriations to carry out the State Criminal Alien Assistance Program, and for other purposes.
    Sponsor: Rep Norwood, Charles W. [GA-10] (introduced 2/6/2007) Cosponsors (None)

    H.R.131 : To impose a mandatory minimum sentence on a deportable alien who fails to depart or fails to attend a removal proceeding.
    Sponsor: Rep Gallegly, Elton [CA-24] (introduced 1/4/2007) Cosponsors (1)





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  • snathan
    04-01 10:50 PM
    And I can't apply for a green card, I don't meet the criteria...I'd have to get married with a woman.

    you dont have to marry. just remain as illegal and they will GC sooner.





    Rb_newsletter
    04-13 07:56 PM
    So even if you get GC out of turn, I believe the correct thing to do is to return it. Or it can be more problems.


    Here's the link on that topic:
    http://immigrationvoice.org/forum/forum105-immigrant-visa/659959-gc-received-in-error.html


    You know these reporting back, reistating the status, etc takes lots of effort, money and time. I hate this kind of things. Why the hell we should pay for somebody's mistake?

    On a side note:
    If someone returns this kind of mistake-GC, then what will happen to the visa number? Will it get reclaimed and reused or go wasted?





    txh1b
    08-25 02:33 PM
    AC21 is complicated enough and you need to have a qualified lawyer (get a second opinion from one) if your company lawyer is the only one that is looking at it.

    1. These seem different to me and I am sure the job descriptions under the ONET page would also be different for these SOC codes. This would mean your AC21 will be risky.
    2. This sounds more like a same/similar position.
    3. You could do that. Your employer should be ready to give you a letter that your profferred position upon approval of GC is an Engineer position. If there is any mention of a manager, USCIS may be wondering why anyone would take a demotion (sorta) after the GC is approved.
    4. You can but employer tailoring the description to fit your needs might be bordering to fraud.
    5. a. You will retain your old PD.
    b. This is a gray area. You are technically not qualifying under AC21 however, it is possible as AC21 filing is not mandatory. If your case gets in audit, you will run the risk. Calculate the risk/reward and act.
    6. This sounds repetitive as #3.



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