eb3_nepa
07-01 11:45 PM
Ok Guys enough "PREDECTIONS" now go to bed.
Only the coming days will tell us what is going on and what will happen. Everything else is just hear-say.
Go to sleep and remember that we DO have day jobs.
Only the coming days will tell us what is going on and what will happen. Everything else is just hear-say.
Go to sleep and remember that we DO have day jobs.
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seanl
08-07 03:22 PM
I received an RFE that put my I-485 on hold,
"In order to process your application further you will need to submit the following:
1. Evidence of your lawful admission or parole into the United States. Such evidence includes, but is not limited to, Form I-94 Arrival/Departure Record, or a copy of the nonimmigrant visa page of your passport showing admission to the United States.
OR
2. If you last entered the United States without inspection, you must submit evidence of your eligibility for adjustment of status under section 245(i) of the Immigration and Nationality Act (INA). To be eligible for adjustment under 245(i) of INA, you must be the beneficiary of an immigrant visa petition or application for labor certification filed on or before April 30th, 2001. Unless not required in the instructions for Supplement A, you must pay the required section 245(i) surcharge fee.
Please submit evidence of eligibility under section 245(i) of INA and a completed and signed Supplement A to Form I-485. Evidence of eligibility includes Form-I797, Notice of Action for Form I-130, I-140, or I-360. This form must have been filed on or before April 30th, 2001. You must have been the beneficiary, spouse of the beneficiary, or eligible childe of the beneficiary. The relationship had to exist on or before April 30th, 2001 or when the petition was filed."
I came across from Canada when I was five years old as a visitor, did not have a passport as one was not required to enter the U.S. from Canada. When we entered we intended to visit my mothers husband and then all of us go back to Canada. However we decided to stay here. My question is, what can I provide as evidence of entering the United States since I did not have a passport and entered as a visitor so I do not have an I-94, and I believe I dont apply to the 245(i).
I called Immigration and they mentioned form I-102 to replace I-94, theres an option E on the form that says "I was not issued Form I-94 when I entered as a nonimmigrant, and I am filing this application together with an application for an extension of stay/change of
status." Would this be the right route? Would I receive an I-94? Is there something else I need to send?
"In order to process your application further you will need to submit the following:
1. Evidence of your lawful admission or parole into the United States. Such evidence includes, but is not limited to, Form I-94 Arrival/Departure Record, or a copy of the nonimmigrant visa page of your passport showing admission to the United States.
OR
2. If you last entered the United States without inspection, you must submit evidence of your eligibility for adjustment of status under section 245(i) of the Immigration and Nationality Act (INA). To be eligible for adjustment under 245(i) of INA, you must be the beneficiary of an immigrant visa petition or application for labor certification filed on or before April 30th, 2001. Unless not required in the instructions for Supplement A, you must pay the required section 245(i) surcharge fee.
Please submit evidence of eligibility under section 245(i) of INA and a completed and signed Supplement A to Form I-485. Evidence of eligibility includes Form-I797, Notice of Action for Form I-130, I-140, or I-360. This form must have been filed on or before April 30th, 2001. You must have been the beneficiary, spouse of the beneficiary, or eligible childe of the beneficiary. The relationship had to exist on or before April 30th, 2001 or when the petition was filed."
I came across from Canada when I was five years old as a visitor, did not have a passport as one was not required to enter the U.S. from Canada. When we entered we intended to visit my mothers husband and then all of us go back to Canada. However we decided to stay here. My question is, what can I provide as evidence of entering the United States since I did not have a passport and entered as a visitor so I do not have an I-94, and I believe I dont apply to the 245(i).
I called Immigration and they mentioned form I-102 to replace I-94, theres an option E on the form that says "I was not issued Form I-94 when I entered as a nonimmigrant, and I am filing this application together with an application for an extension of stay/change of
status." Would this be the right route? Would I receive an I-94? Is there something else I need to send?
amitpan007
06-22 12:12 PM
Did anyone (or spouse) applied for Social Security No. who were using ITIN before, for tax purposes. I have applied for 485 and EAD and plan to apply for my wife's Social Security once I get the EAD. Are there any tax filing implications? How to switch to this new number and still be able to e-file next year (assuming I get EAD this year)?
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swamy
06-08 11:09 PM
i know what you're talking about - this obsession w/pre-adjudication is ridiculous!i for one support dismantling the current vb based 485 filing lottery system that utterly makes no sense whatsover! let people file 485 as and when 140 is approved and get rid of this cynical vb based filing -
more...
dbevis
February 10th, 2004, 09:18 AM
why?...it is not that noisy in high iso at all...very usuable compared to the d1x
anyone heard more about this - fact or fiction?
Don
anyone heard more about this - fact or fiction?
Don
milestones
12-08 10:04 PM
This is my first time posting here and hope that it would ease my path.
I am trying to find if any one had the experience or has known about someone filing and H1B with a BSc in Health Sciences in Health Care with Respiratory Therapy option.
I know it is not possible to get an H1B on Respiratory therapy therefore I am looking for options as a healthcare administrator, health care analyst, health informatics, etc.
I have done alot of courses in computers like: MS applications, Oracle, Unix, Windows Adminstration, etc and I am close to get an associates in CS too.
Question:
- Are there any healthcare fields that require Bachelors degree to get H1 in my case?
- Can I work in IT and get H1 if the job description says Bachelors in any field?
I am trying to find if any one had the experience or has known about someone filing and H1B with a BSc in Health Sciences in Health Care with Respiratory Therapy option.
I know it is not possible to get an H1B on Respiratory therapy therefore I am looking for options as a healthcare administrator, health care analyst, health informatics, etc.
I have done alot of courses in computers like: MS applications, Oracle, Unix, Windows Adminstration, etc and I am close to get an associates in CS too.
Question:
- Are there any healthcare fields that require Bachelors degree to get H1 in my case?
- Can I work in IT and get H1 if the job description says Bachelors in any field?
more...
needhelp!
10-11 05:36 PM
^^
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sobers
04-05 09:19 AM
gc 2010
this issue has been discussed in-depth before and sorted out.
edited by moderator...no personal comments please
this issue has been discussed in-depth before and sorted out.
edited by moderator...no personal comments please
more...
Ann Ruben
01-28 09:49 AM
Because you remained in the US for more than a year after USCIS denied your change of status you are barred from entering the US for 10 years. However, you are entitled to apply for a waiver of this 10 year bar pursuant to �212(d)(3)(A) of the INA which, if granted, would enable you to obtain an L-2 visa and legally enter the US.
If you are not upfront about your prior overstay, you commit visa fraud. As a consequence, you will face a lifetime bar to enter the US with little or no possibility of a waiver.
If you are not upfront about your prior overstay, you commit visa fraud. As a consequence, you will face a lifetime bar to enter the US with little or no possibility of a waiver.
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st4rguitar
08-22 12:11 AM
No. Once it has expired, it has expired. The DOL implemented the 180 day rule in July 2007, and since then, all cases have been subjected to it. I have not heard of any exceptions to this rule.
Hello,
I am from India. My employer had applied for PERM EB2 labor while my old EB3 labor was still pending. My EB3 labor, with priority date of MAR 2005, was approved before July fiasco and I was able to apply for 485/EAD/AP/etc.
Last August (2007), my PERM labor was approved too; I had the chance to file a new I140 and request interfiling with my existing 485 application. But my lawyer suggested me not file a new I140 and we let the approved EB2 labor expire.
Now, I am having second thoughts, as I did then. Is there any way I can use the old expired labor (> 180 days after approval). I know I cannot use it directly to file I140, but are there any ancillary benefits of having an approved, albeit expired labor? I am thinking of either checking with my employer if they can file a new EB2 PERM labor if I qualify, or switching my jobs.
Thanks.
Hello,
I am from India. My employer had applied for PERM EB2 labor while my old EB3 labor was still pending. My EB3 labor, with priority date of MAR 2005, was approved before July fiasco and I was able to apply for 485/EAD/AP/etc.
Last August (2007), my PERM labor was approved too; I had the chance to file a new I140 and request interfiling with my existing 485 application. But my lawyer suggested me not file a new I140 and we let the approved EB2 labor expire.
Now, I am having second thoughts, as I did then. Is there any way I can use the old expired labor (> 180 days after approval). I know I cannot use it directly to file I140, but are there any ancillary benefits of having an approved, albeit expired labor? I am thinking of either checking with my employer if they can file a new EB2 PERM labor if I qualify, or switching my jobs.
Thanks.
more...
LondonTown
12-04 03:20 PM
First of all if it is PP you will get possible approval in few days.
It may not be a good idea to go for stamping with only 3 months remaining on I-797; and these days they are also issuing 221g left and right.
It may not be a good idea to go for stamping with only 3 months remaining on I-797; and these days they are also issuing 221g left and right.
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coolfun
01-28 12:43 AM
For EAD eFiling you do not need any docs check the website below they will send a Biometric & photo appointment at local ASC, cool ........
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c646065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD
If I paper file for my renewal, will there be a biometric appointment at an ASC?
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c646065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD
If I paper file for my renewal, will there be a biometric appointment at an ASC?
more...
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rameshraju11
06-06 10:11 PM
Thanks for your response. however I could not see anything USCIS online case status that they have sent an RFE
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Siddhartht
07-26 02:37 AM
Hi All
I am on L1 visa , i will be getting married in dec-2009 . i want to apply to l2 visa for my wife. i see marriage certificate is required to apply for L2 visa .can't i apply for l2 visa & show the marriage certificate at consulate ?
Please advise . i want to get my wife along with me after marriage
I am on L1 visa , i will be getting married in dec-2009 . i want to apply to l2 visa for my wife. i see marriage certificate is required to apply for L2 visa .can't i apply for l2 visa & show the marriage certificate at consulate ?
Please advise . i want to get my wife along with me after marriage
more...
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bhlpimmi
10-08 10:41 PM
Thanks for starting this thread, its unlucky and frustu..
9/15/07(RND),missing i-140(reason),uscis fault,9/26/07(resubmitted),no response,waiting for action from uscis
9/15/07(RND),missing i-140(reason),uscis fault,9/26/07(resubmitted),no response,waiting for action from uscis
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ZeroComplexity
03-13 03:11 PM
IV members should take the moral high ground refrain from making frivolous calls to USCIS, so that genuine issues get addressed quickly by USCIS.
You don't want to be holding up the lines over a LUD when someone is waiting for a USCIS customer rep over a denied I-485.
You don't want to be holding up the lines over a LUD when someone is waiting for a USCIS customer rep over a denied I-485.
more...
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tjayant
10-16 11:53 PM
That is what i did. I'm in the same boat.
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thakkarbhav
11-17 12:19 PM
I guess you need GC to apply for UnEmployment benefits....Is it correct?
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Blog Feeds
11-08 03:30 PM
So is the economic downturn over already, if you look at the recent H1B filings it may well be the case. United States Citizenship and Immigration Services (USCIS) has updated its periodic count of FY2010 H-1B cap (http://www.h1b.biz/lawyer-attorney-1137085.html) filings, revealing that there has been a significant increase in the rate of filings during the month of October 2009. USCIS has stated that it has received a sufficient number of petitions to use all of the available 20,000 H-1B numbers that are reserved for individuals with advanced degrees from U.S. colleges or universities, which means that the "advanced degree" H-1B cap for FY2010 has been reached. H-1Bs for individuals with advanced degrees from U.S. colleges or universities can still be filed, but those petitions will now count toward the general H-1B cap of 65,000.
Around 6,200 cap-subject H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) petitions were filed in October 2009. This is a significant number, especially when compared to the only 1,500 filings received by USCIS in September 2009. In total, as of October 25, 2009, approximately 52,800 H-1B petitions that count against the congressionally-mandated 65,000 limit have been received by USCIS. This leaves only around 12,000 H-1B cap numbers for FY2010, without taking into account the 6,800 H-1B cap numbers that are reserved for nationals of Chile and Singapore. If all 6,800 of these "reserved" numbers are removed from the 65,000 cap along with the 52,800 H-1B cap petitions already received, there are only around 5,400 FY2010 H-1B cap numbers remaining.
As a practical matter, USCIS will likely accept well more than 5,400 additional cap cases in FY2010, as the number of cases USCIS will accept anticipates that a certain number of filings will be withdrawn or denied. Additionally, nowhere near the full 6,800 Chile/Singapore numbers have historically been actually used by nationals of Chile or Singapore. Thus, most of those numbers are applied by USCIS to the general 65,000 cap.
While USCIS is still accepting H-1B petitions for FY 2010, the recent jump in filing means that by mid December or so we will have no Visas left. My advice go ahead and file now.
More... (http://www.visalawyerblog.com/2009/11/h1b_visa_lawyer_advanced_degre_1.html)
Around 6,200 cap-subject H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) petitions were filed in October 2009. This is a significant number, especially when compared to the only 1,500 filings received by USCIS in September 2009. In total, as of October 25, 2009, approximately 52,800 H-1B petitions that count against the congressionally-mandated 65,000 limit have been received by USCIS. This leaves only around 12,000 H-1B cap numbers for FY2010, without taking into account the 6,800 H-1B cap numbers that are reserved for nationals of Chile and Singapore. If all 6,800 of these "reserved" numbers are removed from the 65,000 cap along with the 52,800 H-1B cap petitions already received, there are only around 5,400 FY2010 H-1B cap numbers remaining.
As a practical matter, USCIS will likely accept well more than 5,400 additional cap cases in FY2010, as the number of cases USCIS will accept anticipates that a certain number of filings will be withdrawn or denied. Additionally, nowhere near the full 6,800 Chile/Singapore numbers have historically been actually used by nationals of Chile or Singapore. Thus, most of those numbers are applied by USCIS to the general 65,000 cap.
While USCIS is still accepting H-1B petitions for FY 2010, the recent jump in filing means that by mid December or so we will have no Visas left. My advice go ahead and file now.
More... (http://www.visalawyerblog.com/2009/11/h1b_visa_lawyer_advanced_degre_1.html)
gcisadawg
03-11 06:52 PM
lol
PHANI_TAVVALA
02-12 10:20 PM
Thanks for replying, i have some more questions related to this
Lets say my current employer is A and next employer is B
1. Do employers normally revoke I140 when employee leaves ?
Most of the time, No. It's waste of money for employers to pay for the lawyer to send in a request to USCIS to revoke I-140. This will be more common if the lawyer is on company's payroll and gets paid a fixed amount and not per case basis.
2. If my first PERM and I140 was under EB3 category, then can i switch to EB2 category with the next company ?
Yes. As long as job qualifies/requires EB2.
3. Suppose i leave A and Join B, and after 2-3 months i join another company C, in this case will C be able to port my I140 from A ?
You can't port I-140 period. It is property of the company that filed it. Company C (D,E,F...Z) will need to redo labor, I-140 etc. Priority date can be recaptured.
Lets say my current employer is A and next employer is B
1. Do employers normally revoke I140 when employee leaves ?
Most of the time, No. It's waste of money for employers to pay for the lawyer to send in a request to USCIS to revoke I-140. This will be more common if the lawyer is on company's payroll and gets paid a fixed amount and not per case basis.
2. If my first PERM and I140 was under EB3 category, then can i switch to EB2 category with the next company ?
Yes. As long as job qualifies/requires EB2.
3. Suppose i leave A and Join B, and after 2-3 months i join another company C, in this case will C be able to port my I140 from A ?
You can't port I-140 period. It is property of the company that filed it. Company C (D,E,F...Z) will need to redo labor, I-140 etc. Priority date can be recaptured.
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