
jonty_11
08-03 05:57 PM
Yes you can apply today , per Aug bulletin it's all "U" , forgot about that !!!!
it will remain U until mid Sept when Oct Vb comes out....with a lotta surprises..
it will remain U until mid Sept when Oct Vb comes out....with a lotta surprises..
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jsb
04-17 09:30 AM
Here is what I understand, but make sure you seek professional opinion before making any move.
He can simply submit another I-485 as the derivative of your application. Of course that can only happen when your PD becomes current. He does not have to withdraw his own application. If he gets GC as your derivative, his other I-485 will automatically become invalid.
Sending a new 485 as derivative means new fee too. RFE suggests that case is active in some way. Therefore, there is no harm in sending a second letter about the relationship, including marriage certificates etc, with A# and Receipt # references of both (these are the only two references in their system, PD's are only on paper). Best..
He can simply submit another I-485 as the derivative of your application. Of course that can only happen when your PD becomes current. He does not have to withdraw his own application. If he gets GC as your derivative, his other I-485 will automatically become invalid.
Sending a new 485 as derivative means new fee too. RFE suggests that case is active in some way. Therefore, there is no harm in sending a second letter about the relationship, including marriage certificates etc, with A# and Receipt # references of both (these are the only two references in their system, PD's are only on paper). Best..

monika
07-20 09:30 PM
Since we had filed 140 recently. we got e-approval with notice saying actual notice will follow in mail.
Has anyone ever filed with e-approval email printout as initial evidence ?
Thanks
Greg said today that is O.K. A fellow lawyer give him the idea, helping him to answer at one of the FAQ recently posted.
Has anyone ever filed with e-approval email printout as initial evidence ?
Thanks
Greg said today that is O.K. A fellow lawyer give him the idea, helping him to answer at one of the FAQ recently posted.
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centaur
02-23 09:52 AM
It's not easy to get a J-1 waiver, but with recent changes in the rule, by the time you finish your residency it will be easier. Its easy to get waiver in family practice or psychiatry. Its harder for Internal Medicine/pediatrics/Surgery and fellowships (except Geriatrics)
1) You can get a J-1 visa, but your husbands 140 has nothing to do with this. However, on the positive side, if by the time you complete your residency and donot have a J-1 waiver job and your husband is still maintaining his H-1B or has a GC, you can stay in the US and look for job, but not work. So it gives you more time to find waiver job.
From personal experience, it would be better to go home for two years, while your husband stays here and then you come back as GC and start your practice. But thats for later.
2) You cannot file 485 for your self till waiver is done if you take J-1. If you can wait for a couple of years for the GC (likely soon after retrogression is resolved) and then start residency, then you probably could just start on GC. But its a hard decision, as you dont know if you will get residency after this time or retrogression will resolve soon.
Its frustrating I understand.
Good luck
My husband is working on H-1 B and his I -140 is approved and I am on H-4 visa. I am trying to get in US medical residency and most likely I will get J-1 visa
I have following questions -
1) Do I qualify for non-immigrant, J-1 visa considering my husband's I-140 approval? Would his I-140 approval not have my name associated to it ?
2) Once I accept J-1 visa, would I be able to file I-485 when my husband's PD will be current?
3) If I decide to quit residency after few months/year to file, would I be able to convert my J-1 visa to H-4 visa again?
4) After converting H-4 visa would I be able to file I-485 once my husband's date is current?
5) How difficult or easy is to get J-1 wavier
Thanks in advance for your replied
1) You can get a J-1 visa, but your husbands 140 has nothing to do with this. However, on the positive side, if by the time you complete your residency and donot have a J-1 waiver job and your husband is still maintaining his H-1B or has a GC, you can stay in the US and look for job, but not work. So it gives you more time to find waiver job.
From personal experience, it would be better to go home for two years, while your husband stays here and then you come back as GC and start your practice. But thats for later.
2) You cannot file 485 for your self till waiver is done if you take J-1. If you can wait for a couple of years for the GC (likely soon after retrogression is resolved) and then start residency, then you probably could just start on GC. But its a hard decision, as you dont know if you will get residency after this time or retrogression will resolve soon.
Its frustrating I understand.
Good luck
My husband is working on H-1 B and his I -140 is approved and I am on H-4 visa. I am trying to get in US medical residency and most likely I will get J-1 visa
I have following questions -
1) Do I qualify for non-immigrant, J-1 visa considering my husband's I-140 approval? Would his I-140 approval not have my name associated to it ?
2) Once I accept J-1 visa, would I be able to file I-485 when my husband's PD will be current?
3) If I decide to quit residency after few months/year to file, would I be able to convert my J-1 visa to H-4 visa again?
4) After converting H-4 visa would I be able to file I-485 once my husband's date is current?
5) How difficult or easy is to get J-1 wavier
Thanks in advance for your replied
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HV000
03-09 01:49 PM
Can somebody suggest/recommend a good immigration attorney in Chicago for filing G-28 and filing AC21? Thanks!!

indyanguy
01-30 01:03 PM
My EB2 labor was filled (different company) as Software Engineer (Level III)
When you say Level III, are you referring the to the Wage level? My EB3 was under 15-1031.00. Now with the same company, If I have to do EB2, can it be in the same category? The only other relevant category I see is:
15-1032.00 - Computer Software Engineers, Systems Software
Also, my understanding is that when you do the prevailing wage determination, the MS+1 will be lesser than MS+1 or BS+5, but both of them qualify for EB2. Thoughts anyone?
When you say Level III, are you referring the to the Wage level? My EB3 was under 15-1031.00. Now with the same company, If I have to do EB2, can it be in the same category? The only other relevant category I see is:
15-1032.00 - Computer Software Engineers, Systems Software
Also, my understanding is that when you do the prevailing wage determination, the MS+1 will be lesser than MS+1 or BS+5, but both of them qualify for EB2. Thoughts anyone?
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vine93
06-12 06:46 PM
Congressman scheduled a meeting for Family and Employment based victims. I had a talk with their office , they would like to listen individual stories at the hall. I am planning to attend this tomorrow. CO state chapter please join this .
http://polis.house.gov/News/DocumentSingle.aspx?DocumentID=129256
http://polis.house.gov/News/DocumentSingle.aspx?DocumentID=129256
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mkrisa
08-11 10:16 AM
[QUOTE=sush;136161]EAD is based on pending I-485 and for filing 485, you just need 140 received. So you are OK. My uunderstanding is you can also use AC21 portability after 180 days to change employers as long as your employer doesn't revoke your I-140. So there is that risk with I-140 not approved.
If I continue to be on my H-1B status after filing for I-140,I-485, EAD and I-131 concurrently, can my spouse who is currently on a H-4 Visa opt for her EAD after 90 days of filing these forms? If the answer to that question is an yes, is there any limitation in the kind of jobs she can do?
Also, what happens to her status if the I-140 application or I-485 application gets declined? Can she jump back to H-4 or does it require her to go to her home country for re-stamping? Do you see any potential issues in having her H4 visa re-stampped as she initiallay came to this country as a dependent and then later she used her EAD to work in USA.
If I continue to be on my H-1B status after filing for I-140,I-485, EAD and I-131 concurrently, can my spouse who is currently on a H-4 Visa opt for her EAD after 90 days of filing these forms? If the answer to that question is an yes, is there any limitation in the kind of jobs she can do?
Also, what happens to her status if the I-140 application or I-485 application gets declined? Can she jump back to H-4 or does it require her to go to her home country for re-stamping? Do you see any potential issues in having her H4 visa re-stampped as she initiallay came to this country as a dependent and then later she used her EAD to work in USA.
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Legal_In_A_Limbo
04-27 09:22 PM
same happened with me, already posted on couple of other threads.
Hi,
My H1 which was approved back in 2006 has been re-opened today...This is the status I see on USCIS web-site
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on April 26, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.
I have used AC-21 and been working with new employer on EAD since April, 2008. I talked to my old employer and they said they have sent a request to withdraw my H-1B and all other immigration applications. So, I am assuming that they have also withdrawn 140. He also said when someone leaves the company its a normal process to withdraw all the immigration related documents.
Can you please tell me, what will happen to my cases. If someone has gone through the same, if they can share their experiece that will be really appreciated.
Hi,
My H1 which was approved back in 2006 has been re-opened today...This is the status I see on USCIS web-site
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on April 26, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.
I have used AC-21 and been working with new employer on EAD since April, 2008. I talked to my old employer and they said they have sent a request to withdraw my H-1B and all other immigration applications. So, I am assuming that they have also withdrawn 140. He also said when someone leaves the company its a normal process to withdraw all the immigration related documents.
Can you please tell me, what will happen to my cases. If someone has gone through the same, if they can share their experiece that will be really appreciated.
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cool_desi_gc
05-30 09:47 AM
I did something different.
In the field "Date of last entry into US", by mistake i put the I-94 validity date. On I-94, there is the date paroled and also the I-94 valid until. By mistake i put in May 2010 instead of May 2009. I did submit the application. When i was sending the supporting documents, i put a cover letter asking them to correct the date. I have to see how they respond. Did anyone actually get this thing corrected. And does these things cause any delays in the processing of the EAD application.
In the field "Date of last entry into US", by mistake i put the I-94 validity date. On I-94, there is the date paroled and also the I-94 valid until. By mistake i put in May 2010 instead of May 2009. I did submit the application. When i was sending the supporting documents, i put a cover letter asking them to correct the date. I have to see how they respond. Did anyone actually get this thing corrected. And does these things cause any delays in the processing of the EAD application.
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senthil1
06-27 10:29 AM
It is difficult to get H1b without client letter. Also many consulting companies stopped H1b because of RFE and denials. It is a good idea to try job to 2 to 4 more weeks.
Sorry to know about your layoff. What I would suggest is try to get a Consulting company ( maybe desi ) to transfer your H1. That would give you some leeway to find a project again.
Sorry to know about your layoff. What I would suggest is try to get a Consulting company ( maybe desi ) to transfer your H1. That would give you some leeway to find a project again.
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shana04
05-18 05:43 PM
http://chugh.com/
Thank you very much for your response.
Thank you very much for your response.
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Arvin_H1
08-18 10:11 PM
I applied for H1 extension in June'07. I got RFE on I94 first & then one more on my consulting company. Both were responded on time.. Finally, I got a denial notice on my H1 recently stating that my education background is not Computer Science related although i hold a Bachelor Degree in Computer Science. Am very upset after hearing this.
I have few questions for the experts here.
1. Is it possible for me now to apply for new H1 thru some other company?
2. Can i re-appeal the decision and stay here legally?
3. Are there any good attorneys that can give me good advice for me to take the next step?
Please let me know.. This is urgent for me right now.
Thank you all.
I have few questions for the experts here.
1. Is it possible for me now to apply for new H1 thru some other company?
2. Can i re-appeal the decision and stay here legally?
3. Are there any good attorneys that can give me good advice for me to take the next step?
Please let me know.. This is urgent for me right now.
Thank you all.
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Steven-T
February 23rd, 2004, 07:48 AM
That's why I only buy from B&H when there is no otehr choice.
Not this case, not yet.
Not this case, not yet.
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walking_dude
08-03 03:58 PM
Thanks pappu. Santb1975, nothing compared to your contribution to the movement. Let me stop before we start a mutual admiration society here :)
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spec1968
10-25 09:31 PM
Hi Seniros
My 6th year h1b is expiring on April 30, 2008. I applied labor through PERM on October 1, 2007. How to stay legal in this country until approval of 140. Converting to F1 or B2 will cause any problems to green card process. Please advice.
Thank you
My 6th year h1b is expiring on April 30, 2008. I applied labor through PERM on October 1, 2007. How to stay legal in this country until approval of 140. Converting to F1 or B2 will cause any problems to green card process. Please advice.
Thank you
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bestin
05-15 10:20 PM
Sorry for high jacking the thread but I wanted some info on eb2 perm and greencard over all
My qualifications are
Bachelors in engineering - 4 years
Masters in computer science - 2 years in US
Experience of 6 years in software dev
My job requires BS+5 years only , Masters in not a requirement.
Can I file in EB2 ...could you please elaborate your experience in eb2 .
Yes You Can.My 140 is still pending in EB2 category.
Mine is BE-4 Years
7 Years Experience in Indian Branch Office of the current Company + Approx 9 months outside this company.
My qualifications are
Bachelors in engineering - 4 years
Masters in computer science - 2 years in US
Experience of 6 years in software dev
My job requires BS+5 years only , Masters in not a requirement.
Can I file in EB2 ...could you please elaborate your experience in eb2 .
Yes You Can.My 140 is still pending in EB2 category.
Mine is BE-4 Years
7 Years Experience in Indian Branch Office of the current Company + Approx 9 months outside this company.
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vxb2004
04-27 09:29 PM
Legal-In-A-Limbo,
I had a very good working relationship with company A and my old attorney. They both confirmed that they did NOT request I-140 withdrawal. I do not see any case status change online. What surprises me is that H1B is a non immigrant petition and why would they open it now?
Any inputs? Thanks in advance.
same happened with me, already posted on couple of other threads.
Hi,
My H1 which was approved back in 2006 has been re-opened today...This is the status I see on USCIS web-site
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on April 26, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.
I have used AC-21 and been working with new employer on EAD since April, 2008. I talked to my old employer and they said they have sent a request to withdraw my H-1B and all other immigration applications. So, I am assuming that they have also withdrawn 140. He also said when someone leaves the company its a normal process to withdraw all the immigration related documents.
Can you please tell me, what will happen to my cases. If someone has gone through the same, if they can share their experiece that will be really appreciated.
I had a very good working relationship with company A and my old attorney. They both confirmed that they did NOT request I-140 withdrawal. I do not see any case status change online. What surprises me is that H1B is a non immigrant petition and why would they open it now?
Any inputs? Thanks in advance.
same happened with me, already posted on couple of other threads.
Hi,
My H1 which was approved back in 2006 has been re-opened today...This is the status I see on USCIS web-site
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on April 26, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.
I have used AC-21 and been working with new employer on EAD since April, 2008. I talked to my old employer and they said they have sent a request to withdraw my H-1B and all other immigration applications. So, I am assuming that they have also withdrawn 140. He also said when someone leaves the company its a normal process to withdraw all the immigration related documents.
Can you please tell me, what will happen to my cases. If someone has gone through the same, if they can share their experiece that will be really appreciated.
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sgurram
04-26 12:48 AM
I realized that even I missed filling that field out. I filed my online application on 3/28/2010. Except for some last updates, I have not received any RFE yet regarding the missing field. The online system doesn't seem to validate that field.
sparky_jones: can you give us your write up to USCIS regarding this missing field information. What was in the letter regarding this field. I plan on sending a letter to them providing this information.
sparky_jones: can you give us your write up to USCIS regarding this missing field information. What was in the letter regarding this field. I plan on sending a letter to them providing this information.
gcspace
08-12 07:31 PM
My case EB3 PD Jan 2004
I40 approved TSC July 2007
485 filed at NSC July 2nd
LUD is 8/12/2007
Does this mean anything ?
I40 approved TSC July 2007
485 filed at NSC July 2nd
LUD is 8/12/2007
Does this mean anything ?
ssss
09-18 10:36 PM
AFAIK if your Perm is approved then you can do premium processing of I-140 and get H1 extension after 140 is approved
I have already moved to company B. Have an i-140 approved from company A in 09/2006. Now that my 6 years are over in 5 months, waiting for Fragomen to determine appropriate strategy for extension since new Perm has not been pending for 365 days. Anyone have experience with extending H1 using company A I-140 when with company B?
I have already moved to company B. Have an i-140 approved from company A in 09/2006. Now that my 6 years are over in 5 months, waiting for Fragomen to determine appropriate strategy for extension since new Perm has not been pending for 365 days. Anyone have experience with extending H1 using company A I-140 when with company B?
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