shirish
07-31 04:00 PM
Hi
In my case, I used AP to enter US last year on oct 22 08. I-94 has a date of oct 21 09 so does the parole stamp. My AP has expired in Jan 09. I am NOT planing to go out.
My question is what do I have to do after I-94 date of oct 21 09 is past. Will it make me out of status?
Thank you in advance.
In my case, I used AP to enter US last year on oct 22 08. I-94 has a date of oct 21 09 so does the parole stamp. My AP has expired in Jan 09. I am NOT planing to go out.
My question is what do I have to do after I-94 date of oct 21 09 is past. Will it make me out of status?
Thank you in advance.
supender
12-28 07:55 AM
Thanks
pady
06-18 03:38 PM
someone please explain me how complete agreement works. I am working for the client through the main vendor who has a noncompete agreement with my employer (This is signed by my employer, not me). Now I am planning to leave my employer but the client is interested keeping me in the project through another vendor. Can someone explain me if it is possible?
Since the Noncompete is between my employer and the vendor, how am I responsible since I didn't sign anything? Don't laugh, may be I am ignorant
Since the Noncompete is between my employer and the vendor, how am I responsible since I didn't sign anything? Don't laugh, may be I am ignorant
mheggade
07-18 03:50 PM
i was reading http://www.immigration-law.com/Canada.html just now,
and I know that each year only 140000 green card is allocated for EB category.
I have several question regarding this number/quota:
1. Does that number (140000) include the spouse/all dependents of applicant ? or just the main applicant ?
2. I keep hearing of this 7% cap for each country, what does that mean ?
does that mean each country only have maximum of 9800 (7% * 140000) green card each year ?? or is it depend on the number of citizen of the country (for example citizen in India is bigger than Japan, so India will get bigger quota)
thanks in advance :D
1) Yes, 140K includes primary applicant,spouse and minor children.
2)It means India or any other country can be alloted upto 9800 green card per Fiscal Year, again this number includes spouse and children.
and I know that each year only 140000 green card is allocated for EB category.
I have several question regarding this number/quota:
1. Does that number (140000) include the spouse/all dependents of applicant ? or just the main applicant ?
2. I keep hearing of this 7% cap for each country, what does that mean ?
does that mean each country only have maximum of 9800 (7% * 140000) green card each year ?? or is it depend on the number of citizen of the country (for example citizen in India is bigger than Japan, so India will get bigger quota)
thanks in advance :D
1) Yes, 140K includes primary applicant,spouse and minor children.
2)It means India or any other country can be alloted upto 9800 green card per Fiscal Year, again this number includes spouse and children.
more...
chanduv23
09-14 02:13 PM
You cann decide now, and make it to DC
JUST FOLLOW YOUR HEART
JUST FOLLOW YOUR HEART
bkarnik
01-05 06:22 PM
That is one option but given that I am not on H1 and nor with the same employer - it may not be the way to go. This is something I am going to look into and have an attorney weigh in on. Thanks!
Since her H4 is tied to your being in status and not to which employer you are working for (she is your dependent) I would say she can safely travel on H4. I would recommend that she carry photocopies or originals of your 485 receipts, a photocopy of your passport with I94 (showing you are in the US) and a copy of your EAD card to show your status. I have never heard of dependents getting denied entry as long as they have a valid visa and can show that their spouse is in status. A change of status within the US is not considered as an impediment to your dependents who may travel on a dependent visa category that was last issued to the principal applicant.
My 50 cents (2 cents with inflation added in) Do let us know how this thing ultimately resolves.
Since her H4 is tied to your being in status and not to which employer you are working for (she is your dependent) I would say she can safely travel on H4. I would recommend that she carry photocopies or originals of your 485 receipts, a photocopy of your passport with I94 (showing you are in the US) and a copy of your EAD card to show your status. I have never heard of dependents getting denied entry as long as they have a valid visa and can show that their spouse is in status. A change of status within the US is not considered as an impediment to your dependents who may travel on a dependent visa category that was last issued to the principal applicant.
My 50 cents (2 cents with inflation added in) Do let us know how this thing ultimately resolves.
more...
izolo
06-04 10:29 AM
thank you very much for your help. It makes me feel much better now.just the employer has told me that the business is low these days, will their incom and cotracts will review again? it is a very small size company.
Thanks again
Thanks again
RAJASEKERAN
11-12 11:44 PM
Hi,
My educational background is Bachelor of Engginerring in Computer science.
I came to United states in December 2006. when i came i was having six years of experience.
My employer applied for my Labor in 2nd week of August 2008. After 2 weeks my attorney asked for a self affidavit having details about my work experience from 2001 till 2006 and also he gave me a format.
I prepared one affidavit for one employer ( totaly five affidavit for five employers between 2001 to 2006 ). I was team member in First and second Employer, i was a Team Lead in third employer, I was a Project Leader in Fourth and Fifth employer.
When i prepared the self affidavit i made a mistake, I gave the correct dates, correct designation ( Which is in my offer and reliving letter ) but i kept same responsiblities for all employers.
I didnot get any issues in my Labor. My Labor got approved in March 2009. Now my employer filed I - 140 in the end of september. Two days back he said that there is a RFE regarding my I - 140 case. THe RFE contains the Below Details.
"SINCE THE EVIDENCE INDICATES THAT THE BENEFICIARY DOES NOT HOLD AN ADVANCED DEGREE, IT MUST ESTABLISH THAT HIS POST-BACCALAUREATE EXPERIENCE WAS PROGRESSIVE. HOWEVER, HIS SWORN AFFIDAVITS INDICATES THAT WHILE HIS JOB TITLES CHANGED, HIS DUTIES IN 2006 WERE STILL THE SAME AS THEY WERE IN 2001 FOR EMPLOYER 2. PLEASE EXPLAIN HOW HIS EXPERIENCE WAS PROGRESSIVE"
I explained the suitation to my employer but he is saying there is only 50:50 chance for I-140 to get approved.
What will happen now ?
What type of document i should provide to USCIS for this query?
Will my I - 140 get approved ?
Thanks & Regards,
Raj..
My educational background is Bachelor of Engginerring in Computer science.
I came to United states in December 2006. when i came i was having six years of experience.
My employer applied for my Labor in 2nd week of August 2008. After 2 weeks my attorney asked for a self affidavit having details about my work experience from 2001 till 2006 and also he gave me a format.
I prepared one affidavit for one employer ( totaly five affidavit for five employers between 2001 to 2006 ). I was team member in First and second Employer, i was a Team Lead in third employer, I was a Project Leader in Fourth and Fifth employer.
When i prepared the self affidavit i made a mistake, I gave the correct dates, correct designation ( Which is in my offer and reliving letter ) but i kept same responsiblities for all employers.
I didnot get any issues in my Labor. My Labor got approved in March 2009. Now my employer filed I - 140 in the end of september. Two days back he said that there is a RFE regarding my I - 140 case. THe RFE contains the Below Details.
"SINCE THE EVIDENCE INDICATES THAT THE BENEFICIARY DOES NOT HOLD AN ADVANCED DEGREE, IT MUST ESTABLISH THAT HIS POST-BACCALAUREATE EXPERIENCE WAS PROGRESSIVE. HOWEVER, HIS SWORN AFFIDAVITS INDICATES THAT WHILE HIS JOB TITLES CHANGED, HIS DUTIES IN 2006 WERE STILL THE SAME AS THEY WERE IN 2001 FOR EMPLOYER 2. PLEASE EXPLAIN HOW HIS EXPERIENCE WAS PROGRESSIVE"
I explained the suitation to my employer but he is saying there is only 50:50 chance for I-140 to get approved.
What will happen now ?
What type of document i should provide to USCIS for this query?
Will my I - 140 get approved ?
Thanks & Regards,
Raj..
more...
lonedesi
10-20 12:01 AM
I would appreciate, if any of you can answer this question either through their personal experience or their knowledge.
I recently got my H1b visa renewed(& transferred) for 3 years based on a previous I-140 approved from my earlier job. I would like to get my H1b visa stamping done either at Mexico or Canada based on the current validity(for 3 years) of my H1b approval. If after stamping, I change companies will I need to get a new stamping to reflect the new company on my passport? If I don't need to get a new stamping, then if I travel to my home country and then return to US, will it cause a problem at the border post if my H1b approval paper shows a different company than that on the passport? Your advice in this regard would be greatly appreciated.
I recently got my H1b visa renewed(& transferred) for 3 years based on a previous I-140 approved from my earlier job. I would like to get my H1b visa stamping done either at Mexico or Canada based on the current validity(for 3 years) of my H1b approval. If after stamping, I change companies will I need to get a new stamping to reflect the new company on my passport? If I don't need to get a new stamping, then if I travel to my home country and then return to US, will it cause a problem at the border post if my H1b approval paper shows a different company than that on the passport? Your advice in this regard would be greatly appreciated.
srt57
02-14 06:21 PM
In the RIR system EB2 was MS + 3 and BS+5.
If BS+5 is still the norm in PERM...how come MS+0 is acceptable under PERM. Did they change the rule....I think this a loophole
It isn't a loophole. That's how the PERM Jobzone/SVP system works.
If BS+5 is still the norm in PERM...how come MS+0 is acceptable under PERM. Did they change the rule....I think this a loophole
It isn't a loophole. That's how the PERM Jobzone/SVP system works.
more...
rick_rajvanshi
09-12 01:44 AM
Hi Friends,
Please read the below query and post any information you have. Thanks in advance for your help !
I have an appointment for H1 VISA re-stamping in Toronto, Canada in 2nd week of October
My current H1 VISA is valid until Nov 2006.
I am planning to get restmped based on my new H1 petition valid until Sep 2008.
The problem here is that my passport is valid only until Dec 2007.
In this case Can I get the new VISA stamped until Sep 2008?
On the website it says that "To be eligible for a VISA, you passport must be valid for at least 6 months past intended stay in the United States"
Please post your valuable replies.
Regards,
Krishna.
Yes you should get the Visa till 2008 - once passport is near expiry - get it renewed from indian consulate and later tag both passports together.
Please read the below query and post any information you have. Thanks in advance for your help !
I have an appointment for H1 VISA re-stamping in Toronto, Canada in 2nd week of October
My current H1 VISA is valid until Nov 2006.
I am planning to get restmped based on my new H1 petition valid until Sep 2008.
The problem here is that my passport is valid only until Dec 2007.
In this case Can I get the new VISA stamped until Sep 2008?
On the website it says that "To be eligible for a VISA, you passport must be valid for at least 6 months past intended stay in the United States"
Please post your valuable replies.
Regards,
Krishna.
Yes you should get the Visa till 2008 - once passport is near expiry - get it renewed from indian consulate and later tag both passports together.
prem_goel
06-07 02:45 AM
I think it's not wise to leave. I tried googling for h-1b transfer & leaving the country but didn't get much info. I think if a transfer is pending with USCIS then you shouldn't leave the country as it may be considered as abandonment of the application.
i would advice to get it done under premium processing. i am not sure when the i-94 records are updated but if USCIS sees that you left India while the transfer is pending, they might issue you I-797 but with instructions to get it stamped at a consulate in India.
just my thoughts..better try googling or ask some lawyer.
i would advice to get it done under premium processing. i am not sure when the i-94 records are updated but if USCIS sees that you left India while the transfer is pending, they might issue you I-797 but with instructions to get it stamped at a consulate in India.
just my thoughts..better try googling or ask some lawyer.
more...
zico123
04-20 01:39 PM
As per Lawyer need to file for amendment before EAD expires. Need I-20 from Kaplan and another application fee ($190) + PP fee($1,000). :( But at least H1 is approved :)
New I-20 must be valid till Sept 30th and must start either before EAD expires or within grace period (EAD expiration date + 60 days)
** Best of luck to others still waiting **
New I-20 must be valid till Sept 30th and must start either before EAD expires or within grace period (EAD expiration date + 60 days)
** Best of luck to others still waiting **
.jpg "Cool Latest Hairstyle For Guys")
gc28262
05-30 12:26 PM
http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965
Eventually this bill introduced that 7% per country cap
Here is the proof that country cap is racially motivated. I can't believe that Ted Kennedy was behind this.
During debate on the Senate (http://en.wikipedia.org/wiki/United_States_Senate) floor, Kennedy, speaking of the effects of the act, said, "First, our cities will not be flooded with a million immigrants annually. Under the proposed bill, the present level of immigration remains substantially the same.... Secondly, the ethnic mix of this country will not be upset.... Contrary to the charges in some quarters, [the bill] will not inundate America with immigrants from any one country or area, or the most populated and deprived nations of Africa and Asia.... In the final analysis, the ethnic pattern of immigration under the proposed measure is not expected to change as sharply as the critics seem to think.... The bill will not flood our cities with immigrants. It will not upset the ethnic mix of our society. It will not relax the standards of admission. It will not cause American workers to lose their jobs."[2] (http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965#cite_note-1) The act's supporters not only claimed the law would not change America's ethnic makeup, but that such a change was not desirable.[1] (http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965#cite_note-.2770s_268-0)
Eventually this bill introduced that 7% per country cap
Here is the proof that country cap is racially motivated. I can't believe that Ted Kennedy was behind this.
During debate on the Senate (http://en.wikipedia.org/wiki/United_States_Senate) floor, Kennedy, speaking of the effects of the act, said, "First, our cities will not be flooded with a million immigrants annually. Under the proposed bill, the present level of immigration remains substantially the same.... Secondly, the ethnic mix of this country will not be upset.... Contrary to the charges in some quarters, [the bill] will not inundate America with immigrants from any one country or area, or the most populated and deprived nations of Africa and Asia.... In the final analysis, the ethnic pattern of immigration under the proposed measure is not expected to change as sharply as the critics seem to think.... The bill will not flood our cities with immigrants. It will not upset the ethnic mix of our society. It will not relax the standards of admission. It will not cause American workers to lose their jobs."[2] (http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965#cite_note-1) The act's supporters not only claimed the law would not change America's ethnic makeup, but that such a change was not desirable.[1] (http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965#cite_note-.2770s_268-0)
more...
maristella61
04-19 04:04 PM
My PD is now current and i will be filing in May !
My attorney sent me package with all papers to sign and is requesting a letter of approval of my visa of 2001 which I do not have. I only have the approved Visa on the passport (Not the letter):confused. Does anyone know if this could be a problem? Why would they need the letter if we have the original approved Visa on the passport?
Thanks in advance and good luck to all who are still waiting.
:confused:
My attorney sent me package with all papers to sign and is requesting a letter of approval of my visa of 2001 which I do not have. I only have the approved Visa on the passport (Not the letter):confused. Does anyone know if this could be a problem? Why would they need the letter if we have the original approved Visa on the passport?
Thanks in advance and good luck to all who are still waiting.
:confused:
chanduv23
07-07 12:52 PM
Invite the Senators to this meeting.
Make them come since we pay Taxes. That way , they know that there is legal Immigration Community .
Invite the Heads of DMV so that they can address our driving problems
Invite SSN people local heads.
When we do this, we can pay for their expenses to join us in that meet.
I am open to it. Not only by contribution but also working.
Try to get IV members to join the State chapters first. Try to get the community to support IV first. Try to get the community make phone cals send letters first.
It is a step by step process. We have to get enough buzz and enough support from within our own community before we can call politicians or VIPs to come to our meets and greets
Make them come since we pay Taxes. That way , they know that there is legal Immigration Community .
Invite the Heads of DMV so that they can address our driving problems
Invite SSN people local heads.
When we do this, we can pay for their expenses to join us in that meet.
I am open to it. Not only by contribution but also working.
Try to get IV members to join the State chapters first. Try to get the community to support IV first. Try to get the community make phone cals send letters first.
It is a step by step process. We have to get enough buzz and enough support from within our own community before we can call politicians or VIPs to come to our meets and greets
more...
windycloud
07-28 12:18 PM
Senator Charles E. Schumer (http://schumer.senate.gov/new_website/record.cfm?id=314990)
__________________________________________________ ________
Ah never mind, I didn't realize it's old news.
__________________________________________________ ________
Ah never mind, I didn't realize it's old news.
kshitijnt
01-23 04:32 PM
I had written senator Feinstein about retrogression sometime last year. A response came 2 weeks later:
"As of today federal healthcare is available to undocumented immigrants only in cases of emergencies. Undocumented immigranst are a drain on federal resources. Blah blah blah........." Bull ****
True Feinstein seems to be least sensitive to immigrant woes. Her husband is a rich investment banker so I guess she is more business friendly rather than grassroots friendly.
Senator Boxer had replied
" I believe every citizen should have a say in the country. I value your opinion and can assure you that it will be taken into consideration during my work in the senate on this topic"
Much more polished. However it seems these are stereotype responses and I think senators do not read these emails. This is a sophisticated way of saying "Dont lecture me.... Mind your own business" This is how in America...
That's certainly a lot better than the "spam" i got from Senator Feinstein.
I just got some *#&$ about thanking me for supporting her blue card and AgJOBS initiatives, with not a mention on tackling retrogression issues.
Hardly a huge surprise, but I'm writing back
"As of today federal healthcare is available to undocumented immigrants only in cases of emergencies. Undocumented immigranst are a drain on federal resources. Blah blah blah........." Bull ****
True Feinstein seems to be least sensitive to immigrant woes. Her husband is a rich investment banker so I guess she is more business friendly rather than grassroots friendly.
Senator Boxer had replied
" I believe every citizen should have a say in the country. I value your opinion and can assure you that it will be taken into consideration during my work in the senate on this topic"
Much more polished. However it seems these are stereotype responses and I think senators do not read these emails. This is a sophisticated way of saying "Dont lecture me.... Mind your own business" This is how in America...
That's certainly a lot better than the "spam" i got from Senator Feinstein.
I just got some *#&$ about thanking me for supporting her blue card and AgJOBS initiatives, with not a mention on tackling retrogression issues.
Hardly a huge surprise, but I'm writing back
techskill
01-10 05:29 PM
does anyone have an answer
I read somewhere that you should have $5000 minimum in the your account.
I read somewhere that you should have $5000 minimum in the your account.
gcpool
03-12 06:29 AM
The above is right. But make sure its applied all over the application. If not the application will be returned to you. Use the above argument in the front and then attach both the I-140s and then mark on the I-140 which is original one and which ones priority date is being used.
Do this for every applicant. Get it done via an attorney who has done this before. Most of them dont even have a clue how to do it.
It can be done at I-485 stage.
Thank you all for your response. As per him ( my attorney) - you apply for I-485 with the new I-140. Provide reference to earlier PD as reason for your application. He provided the following text from the USCIS's I-140/I-485 adjudication document.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification
ANYBODY HAS A DOCUMENT COUNTERING IT ( STATING IT CAN NOT BE DONE AT I-485 OR IT MUST BE DONE AT I-140). PLEASE PROVIDE LINKS OR REFERENCES. SORRY FOR THE URGENCY.
Do this for every applicant. Get it done via an attorney who has done this before. Most of them dont even have a clue how to do it.
It can be done at I-485 stage.
Thank you all for your response. As per him ( my attorney) - you apply for I-485 with the new I-140. Provide reference to earlier PD as reason for your application. He provided the following text from the USCIS's I-140/I-485 adjudication document.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification
ANYBODY HAS A DOCUMENT COUNTERING IT ( STATING IT CAN NOT BE DONE AT I-485 OR IT MUST BE DONE AT I-140). PLEASE PROVIDE LINKS OR REFERENCES. SORRY FOR THE URGENCY.
sathyaraj
10-26 03:36 PM
I got my AP approved. We were not asked for any such proof.
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