paskal
09-11 12:06 PM
my amateur opinion would be that if you get another J1 visa after the waiver- you will need another waiver- last action is what counts!
i'm presuming we are not talking about a physician J-1 here.
there are no restrictions on foreign travel on a J1- except that it expires a lot (every year for physicians) and needs restamoing to reenter...
hope that helps!
i'm presuming we are not talking about a physician J-1 here.
there are no restrictions on foreign travel on a J1- except that it expires a lot (every year for physicians) and needs restamoing to reenter...
hope that helps!
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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?
thakkarbhav
01-21 01:35 PM
Please use "Ask a lawyer for Free" link to get response from lawyer. More than 60% users of this site does not have GC and they can not advice because they never get chance to marry US citizen...Thanks.
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kaisersose
07-18 08:02 AM
I just read this line from the USCIS release
===
USCIS�s announcement today allows anyone who was eligible to apply under Visa Bulletin No. 107 a full month�s time to do so.
====
It appears Labors approved after July 31 cannot apply for 485 as they would not have been eligible under bulletin No. 107.
if yes, then this is something that should be clearly mentioned somewhere.
===
USCIS�s announcement today allows anyone who was eligible to apply under Visa Bulletin No. 107 a full month�s time to do so.
====
It appears Labors approved after July 31 cannot apply for 485 as they would not have been eligible under bulletin No. 107.
if yes, then this is something that should be clearly mentioned somewhere.
more...
jbj1234
07-20 06:00 PM
I would like to file my PERM through a good immigration lawyer in bay area. Does anyone have any recommendation? Has anyone used Indu law firm?
Some of the big names like fragomen etc seem to handle mostly company cases and are too expensive for individual case filing.
Also how much is the charge typically for the whole GC process or PERM. I know it would vary depending on lawyers but i am looking to get some general idea on how much people on the Forum have spent filing their cases from GOOD lawyers.
Some of the big names like fragomen etc seem to handle mostly company cases and are too expensive for individual case filing.
Also how much is the charge typically for the whole GC process or PERM. I know it would vary depending on lawyers but i am looking to get some general idea on how much people on the Forum have spent filing their cases from GOOD lawyers.
H1Girl
12-30 11:14 PM
Thanks gc28262 & Marphad. This is helpful. Gave you green
more...
rbalaji5
03-06 01:56 PM
check your passport validity and then cross the border if you are near to Mexico and return back on the same day. I did once without any issue. This is quickest and safest way to extend your I94. If you apply for i94 extension it will take another 4 to 5 months.
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imh1b
01-10 05:19 PM
Why isn't IV a national member of the Reform Immigration for America Campaign? If you take a look at the list of participating organizations Organizations � Reform Immigration For America (http://reformimmigrationforamerica.org/about/organizations/) you'll only see that the TX state chapter has signed on. Core group, could one of you take a look and sign-up? Would IV consider cooridnating events with them during 2010?
I saw the list and all organizations want to give citizenship to undocumented. We are all documented.
I saw the list and all organizations want to give citizenship to undocumented. We are all documented.
more...
optimist
03-27 03:31 PM
You do NOT need to have an H4 visa stamped for change of status to H1, as long as you have a valid I-94. Don't worry.
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Bruce2000
01-11 10:27 PM
I saw a prior post talking about this issue but has no answer. I am very upset about it.
Vermont Center received my OPT Application on Oct 31,2008. But I checked my status online and it said, "Your case can not be found at this time in Case Status Online. Please check your receipt number and try again. If you need further assistance please call the National Customer Service Center at 1.800.375.5283."
Could anyone who experienced this could tell me why? (I inputted the case number correctly.) Can you guys still get your OPT card after this happened?
Thanks a lot!
Vermont Center received my OPT Application on Oct 31,2008. But I checked my status online and it said, "Your case can not be found at this time in Case Status Online. Please check your receipt number and try again. If you need further assistance please call the National Customer Service Center at 1.800.375.5283."
Could anyone who experienced this could tell me why? (I inputted the case number correctly.) Can you guys still get your OPT card after this happened?
Thanks a lot!
more...
rajiv404
12-09 06:11 PM
I recently found a new job and they filed for my H1 transfer in premium processing. I am still working for my old employer. Now I have got an RFE questioning why my salary (in 2009 W2) which is less than what was mentioned in my previous petition. Even though I have all my paystubs I was on bench for few months between march - may 2009. I have a leave letter for 4 weeks vacation in may and my salary was reduced when I got new project. Which explains why it is less but may not be enough to prove it to USCIS. Salary in W2 could also be less that prevailing wage. Right now I have following scenarios
1. WIthdraw application - not sure repurcussion of this.
2. Respond to RFE with mentioned reason which can have following outcomes
a) Appoved - (good i will be more than happy)
b) Approved with consular processing - (I dont want to travel at this point of time outside US)
c) denied - (not sure)
3. This case goes to DOL and there may be investigation or indent of revoke sent to my employer. Can this happen?
Here are my questions
1. Senario 2.b. If I get "Approved with consular processing" do I have to travel to India for stamping immediately or just get new I94? What will be my current status then? What if I decide not to join the new employer?
2. Senario 2.c. If I get "Denied" what will be my current status?
3. What should I do so that I am not out of status and I dont have to travel to India for stamping?
4. Scenario 3, Can this happen?
Any response will be appreciated. Thanks!
1. WIthdraw application - not sure repurcussion of this.
2. Respond to RFE with mentioned reason which can have following outcomes
a) Appoved - (good i will be more than happy)
b) Approved with consular processing - (I dont want to travel at this point of time outside US)
c) denied - (not sure)
3. This case goes to DOL and there may be investigation or indent of revoke sent to my employer. Can this happen?
Here are my questions
1. Senario 2.b. If I get "Approved with consular processing" do I have to travel to India for stamping immediately or just get new I94? What will be my current status then? What if I decide not to join the new employer?
2. Senario 2.c. If I get "Denied" what will be my current status?
3. What should I do so that I am not out of status and I dont have to travel to India for stamping?
4. Scenario 3, Can this happen?
Any response will be appreciated. Thanks!
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front123
03-19 02:27 PM
Hello,
I am not sure if this situation below has been faced by any forum member. Would appreciate any information/experience or advise from fellow members and attorneys
I am on H1-B - I- 140 approved stage (EB3) for past several years and have faced no issue with Extensions(5) and 8 Stampings over this long period, working for the same employer.Apr 2003 PD with 1 yr left on current H1 extension.
I 485- AOS not applied
I am now contemplating to return permanently due to personal reasons and in this process effectively abandon the H1-B and GC process.
After I return, my employer would keep the I-140 and GC process active and I may work for the same employer remotely.
What are the options I have ?
1.If I do not apply for the H1-B extension next year but my employer keeps the job open for the next few years(future employ), is Consular Processing possible once Apr-03 becomes current- say 3 years from now.. - what documents would I require in that case?
In the next 4 years, possibly Eb3 April 03 might become available thus making the AOS possible thru Consular Processing
Do I need to apply H1-B extension in this case if I am out of the US but still want to keep the GC process active?
2. If I need to apply for H1-B extension next year with the same employer assuming the job is still available (only if I return and assuming PD is not current),
Based on Neufeld memo, what would be the additional documents reqd for such an extension ?
3. In case CIS construes this as abandonment, would this have any bearing 10 years later, if I apply for Perm. Residence thru I -130 route, family based immigration
Would appreciate any advise on this.
I am not sure if this situation below has been faced by any forum member. Would appreciate any information/experience or advise from fellow members and attorneys
I am on H1-B - I- 140 approved stage (EB3) for past several years and have faced no issue with Extensions(5) and 8 Stampings over this long period, working for the same employer.Apr 2003 PD with 1 yr left on current H1 extension.
I 485- AOS not applied
I am now contemplating to return permanently due to personal reasons and in this process effectively abandon the H1-B and GC process.
After I return, my employer would keep the I-140 and GC process active and I may work for the same employer remotely.
What are the options I have ?
1.If I do not apply for the H1-B extension next year but my employer keeps the job open for the next few years(future employ), is Consular Processing possible once Apr-03 becomes current- say 3 years from now.. - what documents would I require in that case?
In the next 4 years, possibly Eb3 April 03 might become available thus making the AOS possible thru Consular Processing
Do I need to apply H1-B extension in this case if I am out of the US but still want to keep the GC process active?
2. If I need to apply for H1-B extension next year with the same employer assuming the job is still available (only if I return and assuming PD is not current),
Based on Neufeld memo, what would be the additional documents reqd for such an extension ?
3. In case CIS construes this as abandonment, would this have any bearing 10 years later, if I apply for Perm. Residence thru I -130 route, family based immigration
Would appreciate any advise on this.
more...
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aguy
07-21 04:39 PM
hi,
does anyone here know the mailing address that I can use with fedex to submit application to the uscis nebraska center? also, does uscis accept saturday delivery of packages?
thanks,
ashish
does anyone here know the mailing address that I can use with fedex to submit application to the uscis nebraska center? also, does uscis accept saturday delivery of packages?
thanks,
ashish
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TomTancredo
03-02 04:57 PM
Looks like there is a huge backlog of perm applications. I am not sure if they will look at your application anytime soon. If your application is pending more than a year at least you could apply for extension of H1.
It will be delusional on our part to think that perm applications will have an easy approvals.
It will be delusional on our part to think that perm applications will have an easy approvals.
more...
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jim79
09-01 09:43 AM
Yes , I did extension for H4 to avoid out of status. But that will automatically override her approved H1 to h4.(The latest one is valid). But when ever she is ready to work, (in her case she is pregnant and planning to work from next year only) her employer has to change the H4 to h1b(COS). There is premium processing and it would take only 15 days. No need to apply for a fresh H1b.
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DarkChild
04-08 04:19 PM
:lol:
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gparr
July 27th, 2005, 09:14 AM
Agreed with Rune on the trees. Nice composition otherwise. I'd move to the other side of that tree line and shoot the barn from several angles. Looks like a lot of potential in that building. If you want the fence in the image, try it from the other end. Maybe the trees won't get in the way. The image also has the leaning-to-the-left feel to it.
Gary
Gary
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sanjay02
09-08 04:06 PM
help filing EAD AND AP after rejection
--------------------------------------------------------------------------------
My EAD and AP application got rejected because of missing signature on the form.Now i am planning to file on my own with out the help of attorney as he is charging me too much for refile.
So needed help in drafting the letter addressing the situation.Above all i didn't receive my application back and USCIS personnel told me that i can refile as a fresh application if i don't receive in 30days.And i am already completed the 30days.I do have the rejected application LIN number and my 485 receipt.
Please advice me what to do i want to avoid attorney.
Hi
How did you come to know that your EAD and AP were rejected? When you dont have the receipt #? In my situation my stupid attorney didnt include the I-140 receipt number dont know if they will accept the rest of the application, my I-140 has been approved.
--------------------------------------------------------------------------------
My EAD and AP application got rejected because of missing signature on the form.Now i am planning to file on my own with out the help of attorney as he is charging me too much for refile.
So needed help in drafting the letter addressing the situation.Above all i didn't receive my application back and USCIS personnel told me that i can refile as a fresh application if i don't receive in 30days.And i am already completed the 30days.I do have the rejected application LIN number and my 485 receipt.
Please advice me what to do i want to avoid attorney.
Hi
How did you come to know that your EAD and AP were rejected? When you dont have the receipt #? In my situation my stupid attorney didnt include the I-140 receipt number dont know if they will accept the rest of the application, my I-140 has been approved.
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gprx100
07-19 06:45 PM
Is the Labor approval considered same as PERM approval?
DDash
08-16 09:06 PM
http://www.david-ware.com/
He is very knowledgeable with non-profits, esp. with universities.
He is very knowledgeable with non-profits, esp. with universities.
Kumar Nanada
05-07 02:32 PM
My Case Details:
I currently have an H1 and have applied for 485(in July 2007, EB3 India, priority date April 2004, I-140 Approved, EAD approved). My wife also applied 485 (as beneficiary dependent) along with me and is currently working on EAD. Unfortunately my daughter was not in the country in July 2007 and due to unavoidable reasons she was not able to apply for 485 then. She came to US on H4 dependent visa and is currently studying in public school.
My H1B visa and my daughters H4 visa expires in Sept, 2010. I want to use my EAD incase if my H1B extension is not approved in Sept, 2010 and am trying to find out if there were other legal ways for me to have my daughter documented in US.
One of the option I was considering is try to get a F1 Student visa for her. My Daughter is in 10th grade currently (15 years old).
Please advice:
- What would be the best independent status for my daughter ?
- if My daughter converts to a student visa (F1), and some time later EB3 category becomes current for my priority date, then can 485 be applied for my daughter while she is in F1 status ? IN other words are there any issues of her being in non-immigrant intent F1 visa and me applying for 485 for her as my dependent ?
- Is there any limit on the number of years a person can be on F1 Visa in US ? She is currently in 10th grade and might join 11th Grade in F1 visa.
- Does she need to go out of US to change her status from H4 to F1 ?
- In case if required can I convert my EAD status back to H1B ?
Thanks in advance for your help.
Thanks,
Kumar N
I currently have an H1 and have applied for 485(in July 2007, EB3 India, priority date April 2004, I-140 Approved, EAD approved). My wife also applied 485 (as beneficiary dependent) along with me and is currently working on EAD. Unfortunately my daughter was not in the country in July 2007 and due to unavoidable reasons she was not able to apply for 485 then. She came to US on H4 dependent visa and is currently studying in public school.
My H1B visa and my daughters H4 visa expires in Sept, 2010. I want to use my EAD incase if my H1B extension is not approved in Sept, 2010 and am trying to find out if there were other legal ways for me to have my daughter documented in US.
One of the option I was considering is try to get a F1 Student visa for her. My Daughter is in 10th grade currently (15 years old).
Please advice:
- What would be the best independent status for my daughter ?
- if My daughter converts to a student visa (F1), and some time later EB3 category becomes current for my priority date, then can 485 be applied for my daughter while she is in F1 status ? IN other words are there any issues of her being in non-immigrant intent F1 visa and me applying for 485 for her as my dependent ?
- Is there any limit on the number of years a person can be on F1 Visa in US ? She is currently in 10th grade and might join 11th Grade in F1 visa.
- Does she need to go out of US to change her status from H4 to F1 ?
- In case if required can I convert my EAD status back to H1B ?
Thanks in advance for your help.
Thanks,
Kumar N
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