суббота, 2 июля 2011 г.

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  • milind70
    08-11 12:56 PM
    hello all,

    i filed my application on july 2nd to nebraska service center. Now i am filing my wife' application using the new updated 485 form. i sent my application to nebraska service center. i live in florida and in the new form i have noticed that they are asking people from florida to send 485 application to texas service center.

    i am confused as to where i should send my application. i am attaching a sheet which asks mailroom to attach my wife's new application to already filed my application ( sent on 2nd july with no recepit ).. i am just confused that if i send my application to texas will it get attached to my primary already filed application... any one in same situation or any insite please help.

    mail to NSC where you have mailed your application,you might have mailed your 485 to NSC since your 140 was approved from there.

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  • kerz
    11-15 10:20 PM
    I'm on my OPT, basically student F1 visa.

    The thing is the company where I work is ready to sponsor me. They only don't know which occupation to write for me in order to be eligible for H1B.

    I'm working over there on administrative position and doing various accounting things.


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  • logiclife
    05-21 09:55 PM
    Most companies that hire H1b workers or sponsor F1/OPT status workers for first-time H1 either have a law-firm deal all their immigration cases or an outside lawyer. Some of the big companies have a full-time in-house counsel.

    Some employers who rarely hire professionals in need of H1b may not be aware of process and may ask you to look for lawyer to do it for them. The H1B petition is filed by employer. However, employee can certainly help with it. Legally, the employer cannot charge the employee for USCIS fees or lawyer's fees. However, you can hire your own lawyer to help you with your questions and answers(if you hire your own lawyer, you can be comfortable with all advise he gives you, since he would have your best interest in mind as you would be the client). However, to file a petition of H1, your employer should be paying the lawyer(either your lawyer or their lawyer).

    Filing for H1B petition requires a fixed set of documents and its simple to do if you have time to do a little research. Many employees help their employers and together, they do it themselves without the help of lawyer, therby saving money. An average lawyer would charge 1000 dollars in fees for filing the petition. For USCIS fees, please look up their website.

    There are H1 specific forums on www.immigrationportal.com which would have more details.


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  • anna20
    02-05 05:44 PM

    Let me explain my situation .

    I am currently working with Company A on H1B , applied 485 in August, e-filed EAD 2 weeks back . My project is over and i am on bench from past 3 weeks.

    I have few full time oppurtunities to work with EAD
    1) Can i change the employer without the physical EAD with A# and LIN # after RD 180 days passed ?
    2) Can i give 1 month Notice to employer now and wait till i Get EAD and start once the card comes ?
    3) Wait till the EAD card comes in Hand to do any thing ?

    Appreciate your Help on this.


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  • moonrah
    09-20 08:33 PM

    I have recently recieved approval for I-140. With no surprise, employer denies to share the copy. I am planning to file FOIA to get the copy. Questions I have :

    1. Can I file for FOIA even if my I-485 is not filed?
    2. Reason to ask 1. is, Form G-639 requires Alien Registration Number (A#) which I believe, one can get only after filing I-485. Please correct me if I am wrong.
    3. If I am right, Can I file FOIA without Alien#?

    Thanks a lot in advance and appreciate the response.

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  • sve0390
    08-03 06:07 PM

    My NIW/I-140 application has been pending for a year. During this time, I have more qualifications added to my resume. Is there a mechanism to send my updated resume or should I just let it be?


    They asked me to send additional evidence in support of my NIW petition. I'd say just wait for them to ask you anything that they require to justify NIW.


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  • voldemar
    01-17 08:10 AM
    EAD 1: valid from Jan10 2005- Jan 9, 2006

    on July 11, 2005 you applied for EAD 2

    On July 29 , 2005 you got it approved. What will be EAD 2 's start date? 30 July , 2005 or Jan10, 2006?
    Approval date - Jul 29 2005 will be start date for EAD.

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  • cdeneo
    04-01 12:29 AM
    Gap in employment and porting priority date:

    What if there is a gap of employment between leaving the previous employer who made the initial green card application under EB3 and joining the new employer who is willing to make a new application under EB2.

    I-140 is approved, I-485 was pending for more than six months when the employee left the first company and has had a gap in employment for a few months. The employee has joined the new company using EAD. I-140 has not been revoked.

    Would applying for the green card under EB-2 and trying to port the EB-3 priority date cause any complications given the gap in employment. The new job satisfies the same or similar job requirement with a 50% bump in salary and meets the EB-2 requirements. Would really appreciate your insight on the risks to be aware of if any due to the gap in employment. Thanks!


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  • mbartosik
    07-14 12:26 PM
    I thought that the ideal time would be before applying for I485, and thus the dependant spouse would automatically get a gc with which ever spouse got the gc first. So I would think that both applying and getting married before either I485 is submitted, and who ever gets gc first their dependant spouse gets it too.

    If the I485 is already filed I don't know if it can be amended.

    I'm no attorney so you need to throughly research this.

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  • seahawks
    09-22 03:28 PM

    I have changed my employer A last year and received new I-797. However, my employer A did not applied for my wife's extension in 2006.

    Now i have changed my employer to B, one week before Employer B has applied for my I-129 and my wife's I-539 extension, which is in pending state now.

    My I-94 has been already extended to Sept-2009 with employer A. However my wife's I-94 is going to expire on Oct 5 2007.

    She is still in status

    Que. My wife has to travel to India on 1st Oct 2007 (before her I-94 expiry date). Can she travel to India as her I-539 (extension to I-94) is in pending state.

    I am not sure what you mean. She cannot come back in until she has a visa stamped with her new extension. Remembering being in the country and not being out of status is based of your I-94 date, going out is not a problem but you need a current visa stamped for anyone to come back. They won't let you board the plane back to US if her visa stamped in the passport expired Oct 5th.

    Appreciate your replies. Thanks so much.


    Again, I am not a lawyer, so please consult with one!


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  • madhu345
    03-28 02:30 PM
    Core Team please advice.

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  • gc_chahiye
    10-27 01:54 AM
    I believe you have to be in the US when your 140 is applied. Same goes for 485. Check with your lawyer. Once 140 or 485 is applied, you can travel outside.

    For 485 you do indeed need to be in the US (for yoiu adjust status, you need to be in some status in the US). However for I-140 you need not be in the US. Can you point to any law or any link on any forum that says you need to be present for filing the I-140?

    The complete GC process can be done without ever entering the US (do LC, file I-140, then do Consular processing for the final stage)


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  • vgopal375
    06-18 03:43 PM

    I am on Adv-Parole (with EAD) and planning to visit India in July 2010.

    I know that UK and France require transit visa, but I was wondering whether I can fly via KLM (Amsterdam) OR Lufthansa (Frankfurt) without any transit visa ?

    Will appreciate the response.


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  • desi3933
    02-24 11:49 AM
    I mean (employer) not me..:)


    Does employer has full time job for her?
    Who is paying for H1 fees?
    Will employer pay full LCA wages on bench time?


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  • AllIzzWell
    03-22 10:01 AM

    I am using the regular link that is on the website. The below is the link.

    The DS-160 is located at http://ceac.state.gov/genniv/

    can anyone please confirm that we can fill the DS160 without the photograph? The application allowed me to fill in the app without photograph. Moreover I have booked an appointment for my wife's visa stamping.


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  • thomachan72
    11-03 02:28 PM
    My perm was filed in May 2007 in EB2. Got RFE in July 2007. Replied within 2 weeks. No response since then.

    Can I do anything from my side. Is there any way to contact/request DOL to inquire about the case.

    They are aparently processing audit cases dated September / october 2007 so yours seems strange. I have no idea about how to contact the labor department. Hopefully some one who knows will point you in the right direction.


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  • gcnirvana
    05-03 05:46 PM
    I am a little confused. I just got my H1B extension done recently and my attorney sent me a letter saying that if I go out of the country for stamping I need to make sure my Passport is valid beyond the H1B period.

    My passport expires in May 2008 and my current H1 is valid till July 2010. Does anyone see any issues in going for stamping in India in July 2007 with my current passport and later on some time next year applying for a new Indian passport.

    Appreciate your help

    Your passport should be valid atleast 6 months from the date of stamping. So I think you should be okay. Also, its better to apply for a new passport 6 months before your old one expires. And once you get your new passport you'll have to carry both your new and the old ones as your old one will have the stamping till July 2010. Hope this helps!

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  • subba
    05-01 07:59 AM
    Illegal immigrants rallying today. Hopefully this will be a positive push for CIR (as opposed to the perceived negative it was last year).


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  • hariswaminathan
    10-04 01:02 PM
    I have been on h1 for 7 yrs in the US and i am leaving back to my home country (India) as it is expiring this month. I plan to come back and start working for my current company next yr.
    Now can they Process my new H1 in April next yr(6 months from now) or they have to wait till OCT 2007 to process my new h1. I am afraid the next yr quota will be over if they have to wait till OCT.

    Here is what you could do:

    1. Get a good immigration attorney
    2. Recoup all the lost time on H1-B for time spent abroad in the last 7 years. Most attorneys can recover at least 4-6 months of time - this will alllow you to stay in the US for another 4-6 months
    3. Use the time to find a substitute labor (either with present or new company) and file for I-140. Use premium processing for I-140.
    4. Your Labor sub and I-140 should clear within the timeframe that you remain in the US - and then you can renew your H1-B for 3 year increments.

    The reason i give the above solution is that - your New H1-B will only be valid after Oct 2007 - you can apply for it in April 2007 but you cannot use it until Oct. If you are really keen to stay in India for that long then obviously its ok, but you need to be sure your company will still remember you in Oct 2007 - otherwise i would suggest the alternative approach above to remain in the US.

    01-11 12:52 PM
    Thanks a lot guys. Thats a relief. And YES I have contributed to IV.

    Mr Dalai Lama, you did not choose to solve my problem and no one gave the authority to be rude by randomly asking if I contributed. Please do not bother to respond.

    We all are here for same cause. I am aware of IV's efforts. Keep up the tempo guys. In addition to all this we sure can pray !

    Keep it up !

    05-07 09:05 AM
    I believe the correct Kafka analogy should be "The Trial", not "The Metamorphosis".
    The Trial is about a character, Josef K. who is arrested one day, out of the blue, for an unspecified crime. The novel is about K.'s futile attempts to figure out why on earth he is being prosecuted.

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