nixstor
03-12 04:13 PM
roseball,
Thanks for your response and it sounds very interesting to me. In essence, you would wait for her H1 to be approved, then transfer your H1 as long as your new employer can get and her H4 (until sep 30th).
What if her H1 is not approved until Aug? Is there a point in filing for H4 extension up to Sep 30th in Aug? What are the consequences of that not getting approved before sep 30th? In that case waiting until Oct 1st seems to be the better option.
I will talk to a lawyer and let you know what kind of response I will get.
Thanks for your response and it sounds very interesting to me. In essence, you would wait for her H1 to be approved, then transfer your H1 as long as your new employer can get and her H4 (until sep 30th).
What if her H1 is not approved until Aug? Is there a point in filing for H4 extension up to Sep 30th in Aug? What are the consequences of that not getting approved before sep 30th? In that case waiting until Oct 1st seems to be the better option.
I will talk to a lawyer and let you know what kind of response I will get.
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ak27
01-19 07:36 PM
I shall be able to join..
dvb123
06-01 10:43 PM
We are in an era of US Immigration where a Fashion model work permit bill would have a better chance of clearing the house than a highly skilled immigrants bill.
05/09/2008: Fashion Model P-4 Visa Classification Bill, H.R.4080 Approved by House Judiciary Immigration Subcommittee 05/08/2008
As we reported yesterday, the subcommittee debated this bill and approved this bill for the full Judiciary Committee action of the House yesterday. A small positive news on the immigration legislation!
http://www.immigration-law.com/
The OPT 17 month extension rule ran into problems barely a month after it was introduced. The anti-immigrant groups constantly send faxes, emails and snail mail constantly to stop immigrant bills from passing. This frightens the senators and house representatives because they think that majority of United States citizens are agains't immigrant bills while an average United States citizen does not the know the difference between green card and H1 B clearly, leave alone opposing highly skilled immigrant bills.
USCIS makes tons of mistakes but it will try to repeal mistakes if it believes that it has made an error. The CSPA new regulations is an example of USCIS accepting and rectifying its mistakes.
http://www.murthy.com/news/n_revcsp.html
The AC21 act gave an additional visa number pool of approx 130,000 visa numbers which were actually unused EB visa numbers from 1999 and 2000. This is a reserve visa pool that could be used for future fiscal years. HOW CAN A RESERVE POOL BE USED WHEN THERE WERE UNUSED VISA NUMBERS FROM 2000 TO 2005?
http://www.nafsa.org/regulatory_information.sec/regulatory_document_library.dlib/u.s._immigration_system_2/ac21_-_the_american_competitiveness
The solution to our saga is to count the immigrant visa numbers from DHS statistics files of EB visas distribution for each year from 2000 to 2005.If we are unable to get all the information required from DHS statistics files we can put FOIA requests and get the information. Instead of making USCIS doing an audit we can do the audit ourselves and inform USCIS that there are still immigrant visa numbers left from the AC21 act. The good thing about this reserve visa numbers is that they can be rolled over to the the future years. So we can get them issued for the years 2008 and 2009.
I think this is the only solution to our saga.
05/09/2008: Fashion Model P-4 Visa Classification Bill, H.R.4080 Approved by House Judiciary Immigration Subcommittee 05/08/2008
As we reported yesterday, the subcommittee debated this bill and approved this bill for the full Judiciary Committee action of the House yesterday. A small positive news on the immigration legislation!
http://www.immigration-law.com/
The OPT 17 month extension rule ran into problems barely a month after it was introduced. The anti-immigrant groups constantly send faxes, emails and snail mail constantly to stop immigrant bills from passing. This frightens the senators and house representatives because they think that majority of United States citizens are agains't immigrant bills while an average United States citizen does not the know the difference between green card and H1 B clearly, leave alone opposing highly skilled immigrant bills.
USCIS makes tons of mistakes but it will try to repeal mistakes if it believes that it has made an error. The CSPA new regulations is an example of USCIS accepting and rectifying its mistakes.
http://www.murthy.com/news/n_revcsp.html
The AC21 act gave an additional visa number pool of approx 130,000 visa numbers which were actually unused EB visa numbers from 1999 and 2000. This is a reserve visa pool that could be used for future fiscal years. HOW CAN A RESERVE POOL BE USED WHEN THERE WERE UNUSED VISA NUMBERS FROM 2000 TO 2005?
http://www.nafsa.org/regulatory_information.sec/regulatory_document_library.dlib/u.s._immigration_system_2/ac21_-_the_american_competitiveness
The solution to our saga is to count the immigrant visa numbers from DHS statistics files of EB visas distribution for each year from 2000 to 2005.If we are unable to get all the information required from DHS statistics files we can put FOIA requests and get the information. Instead of making USCIS doing an audit we can do the audit ourselves and inform USCIS that there are still immigrant visa numbers left from the AC21 act. The good thing about this reserve visa numbers is that they can be rolled over to the the future years. So we can get them issued for the years 2008 and 2009.
I think this is the only solution to our saga.
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cool_desi_gc
03-18 12:15 PM
My apps had 3 LUD's in a period of 10 days since i submitted AR-11.
more...
uscisc
09-10 08:00 PM
I am not exactly in this scenario.
In my case I moved to a different company that already revalidated my H1B before moving to the new company.
So when they old company H1B is revoked, I say an LUD on the new company H1B. But there is no EVL RFE. And there is no soft LUD also on my I-485.
In my case I moved to a different company that already revalidated my H1B before moving to the new company.
So when they old company H1B is revoked, I say an LUD on the new company H1B. But there is no EVL RFE. And there is no soft LUD also on my I-485.
PD1006
08-04 11:51 AM
Specific Adjudication Process Steps by Form Type on My Case Status: When customers check their case status online, the process steps they see will now be specific to the petition or application they submitted. Until recently, the website listed seven identical process steps for all forms, even though not all the steps applied to all the forms. With the new feature, process steps are customized for more than 40 form types.
I like that. Thanks for posting the update.
I do not see any change in the verbiage for case status for the applications we filed. Or is it their intent that "Initial Review" is such a specific status to our application?
PD1006
I like that. Thanks for posting the update.
I do not see any change in the verbiage for case status for the applications we filed. Or is it their intent that "Initial Review" is such a specific status to our application?
PD1006
more...
dealsnet
11-16 04:16 PM
Hi,
I am a green card holder via the DV program of 2007 and my husband is on student visa. We had entered US individually prior to our marriage. Our marriage took place back in Nepal in 2008 and considering the long waiting period for the dates to become current, I didn't file I-130 for my husband immediately after our marrigage thinking that we would wait for my citizenship. But now seeing the advancement in the current dates for Family based visa, I would like to file the I-130 for my husband. Please advise what my best bet would be? Wait until I get my citizenship or file now? Also if I file now, how long might it take for him to get his EAD and GC?
Can I file the I-130 form on my own for would need to get a lawyer for that. Currenlty we are in Seattle, Washington.
Any suggestions will be highly appreciated.
What you did is a mistake. No need to wait for citizenship. You can upgrade the petition any time.
NOW FOR BRINGING SPOUSE FOR GC HOLDERS IS SIX MONTHS.
SO RUSH TO FILE I-130 FOR HIM. IF HE IS HERE, FILE I-485, WHEN THE DATE BECOME CURRENT (AFTER 6 MONTHS), OR GO FOR CONSULAR PROCESS. NO NEED FOR A LAWYER FOR FAMILY BASED FILING. DOWNLOAD I-130 FORM WITH INSTRUCTIONS, FILLUP AND SEND WITH MARRIAGE, BIRTH CERTIFICATES AND OTHER DOCUMENTS. IF YOU CAN READ AND WRITE ENGLISH, YOU CAN FILL IT AND SEND IT.
I am a green card holder via the DV program of 2007 and my husband is on student visa. We had entered US individually prior to our marriage. Our marriage took place back in Nepal in 2008 and considering the long waiting period for the dates to become current, I didn't file I-130 for my husband immediately after our marrigage thinking that we would wait for my citizenship. But now seeing the advancement in the current dates for Family based visa, I would like to file the I-130 for my husband. Please advise what my best bet would be? Wait until I get my citizenship or file now? Also if I file now, how long might it take for him to get his EAD and GC?
Can I file the I-130 form on my own for would need to get a lawyer for that. Currenlty we are in Seattle, Washington.
Any suggestions will be highly appreciated.
What you did is a mistake. No need to wait for citizenship. You can upgrade the petition any time.
NOW FOR BRINGING SPOUSE FOR GC HOLDERS IS SIX MONTHS.
SO RUSH TO FILE I-130 FOR HIM. IF HE IS HERE, FILE I-485, WHEN THE DATE BECOME CURRENT (AFTER 6 MONTHS), OR GO FOR CONSULAR PROCESS. NO NEED FOR A LAWYER FOR FAMILY BASED FILING. DOWNLOAD I-130 FORM WITH INSTRUCTIONS, FILLUP AND SEND WITH MARRIAGE, BIRTH CERTIFICATES AND OTHER DOCUMENTS. IF YOU CAN READ AND WRITE ENGLISH, YOU CAN FILL IT AND SEND IT.
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vdlrao
10-22 04:39 AM
Got the CPO e-mails a short while ago. Its been a long wait (came to US in 1998) but ends well :)
Best of luck with all who are still waiting to be greened!!
Congrats.
Best of luck with all who are still waiting to be greened!!
Congrats.
more...
NyteStarNyne
02-26 12:19 AM
Really great design Onesimus.
Although, I wonder if you're breaking kirupa's 1st commandment :lol: (1. Entries must not contain controversial (offensive, politcal, religious, etc.) content.)
Although, I wonder if you're breaking kirupa's 1st commandment :lol: (1. Entries must not contain controversial (offensive, politcal, religious, etc.) content.)
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pa_arora
07-31 05:14 PM
Some of us will be seeing approvals starting tomorrow, the magic date AUG 1, 2008.
Please post ONLY approvals, LUDs, audits starting Aug 1.
Good luck to all.
Thanks
Please post ONLY approvals, LUDs, audits starting Aug 1.
Good luck to all.
Thanks
more...
chinnailu
04-19 11:18 AM
What Ann said is correct. You can get stuck in Canada. Check this recent experience :H1B Visa stamping Experience 2010 in Canada. 19 days wait in Canada. (http://redbus2us.com/h1b-visa-stamping-experience-2010-in-canada-19-days-wait-in-canada/)
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PDOCT05
11-15 05:07 PM
I am also in the similar situation.....i did resubmitted my application on NOV 1st...still waiting for receipts.
more...
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h1techSlave
09-24 03:55 PM
No more visa until Oct 1st. So what is the big deal?
No More Visa Numbers Until October 1, 2010 - Department of State
The Department of State issued a letter to Section 245 Adjudications indicating that as of September 16, 2010, visas for FY2010 were no longer available for all family cases and for certain employment based cases (EB-2, EB-3, other workers, EB-4, and certain religious workers). FY2011 numbers will be available on October 1, 2010.
Source: US Immigration Law Blog - by Ashwin Sharma, Esq.: No More Visa Numbers Until October 1, 2010 - Department of State (http://ashwinsharma.com/2010/09/24/no-more-visa-numbers-until-october-1-2010--department-of-state.aspx)
No More Visa Numbers Until October 1, 2010 - Department of State
The Department of State issued a letter to Section 245 Adjudications indicating that as of September 16, 2010, visas for FY2010 were no longer available for all family cases and for certain employment based cases (EB-2, EB-3, other workers, EB-4, and certain religious workers). FY2011 numbers will be available on October 1, 2010.
Source: US Immigration Law Blog - by Ashwin Sharma, Esq.: No More Visa Numbers Until October 1, 2010 - Department of State (http://ashwinsharma.com/2010/09/24/no-more-visa-numbers-until-october-1-2010--department-of-state.aspx)
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visli_com
08-07 04:46 PM
I did same thing I called them and they fixed it, I already got approvel for EAD.:)
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gccovet
07-08 09:36 PM
but we sent out the application package on June 28 (Friday) and the USCIS received our package on July 1st (Based on the Fedex tracking record). There is no way that my employer can refer to the new prevailing wage databse, which is released on July 1st.
Save the FedEx receipts etc, they might be useful in case of RFE.
GCCovet
Save the FedEx receipts etc, they might be useful in case of RFE.
GCCovet
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waitin_toolong
02-08 08:29 AM
first of all EAD is not a status just a work authorization.
If you do not get H1 transferred before you lose your job you automatically fall on to AOS pending status and I-485 keeps you legal.
If you find an employer later to sponsor H1 ypu just file for H1 transfer and can start work using EAd and the day the H1 approval comes you move to H1. There is no need to move to H4 in the interim.
You dont have to inform USCIS about using EAD to work. The I-9 that you file with employer takes care of that.
If you have not completed 6 years on H1 you will not be subjected to cap
If you do not get H1 transferred before you lose your job you automatically fall on to AOS pending status and I-485 keeps you legal.
If you find an employer later to sponsor H1 ypu just file for H1 transfer and can start work using EAd and the day the H1 approval comes you move to H1. There is no need to move to H4 in the interim.
You dont have to inform USCIS about using EAD to work. The I-9 that you file with employer takes care of that.
If you have not completed 6 years on H1 you will not be subjected to cap
more...
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thomachan72
03-18 01:48 PM
You can get -
1. a year extension to recapture the time spent abroad
2. New/Extend H-1B for 3 year, but will be subject to cap
3. can get new/extension H-1B for 3 years without cap, if you have I-140 approved
4. can get new/extension H-1B for 1 year without cap, if I-140 is pending
___________________
Not a legal advice.
regarding response #2:- If the approved H1b (from Oct 08 to March 09) was already subject to cap, could you claim for a 3 year new H1b?
The reason I was asking is because recently this application to consider this as a new H1b for 3 years was rejected and instead only one year (recapture time for year abroad) was issued.
1. a year extension to recapture the time spent abroad
2. New/Extend H-1B for 3 year, but will be subject to cap
3. can get new/extension H-1B for 3 years without cap, if you have I-140 approved
4. can get new/extension H-1B for 1 year without cap, if I-140 is pending
___________________
Not a legal advice.
regarding response #2:- If the approved H1b (from Oct 08 to March 09) was already subject to cap, could you claim for a 3 year new H1b?
The reason I was asking is because recently this application to consider this as a new H1b for 3 years was rejected and instead only one year (recapture time for year abroad) was issued.
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mbawa2574
03-11 05:52 PM
Just woke up??
Is it out for a while ? hmm
Is it out for a while ? hmm
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reddy2cool
09-12 12:58 PM
bump..guys plz do reply
jatinr
01-17 11:05 PM
I have received 485 receipts and PD field is empty. My I-140 which was already approved has the priority date specified in it.
Is there anyone who has this column filled in their 485 receipt?
Is there anyone who has this column filled in their 485 receipt?
guyinus
08-30 05:36 PM
Hi,
My H1 B is valid until 2010 (mar). But considering my entry/exit (I94) dates - I will be completing my 5 years in next 2 months.
My query:
1. Do I have time until 2009 (mar) for filing the Labor?
2. Can I file GC in the 6th year of H1 B, if yes what are the consequences?
Thanks in advance
My H1 B is valid until 2010 (mar). But considering my entry/exit (I94) dates - I will be completing my 5 years in next 2 months.
My query:
1. Do I have time until 2009 (mar) for filing the Labor?
2. Can I file GC in the 6th year of H1 B, if yes what are the consequences?
Thanks in advance
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