martinvisalaw
11-25 01:10 PM
I can't really answer your question without more details, but here are some factors to consider:
1. You can adjust status using a section of the Immigration and Nationality Act (INA) called 245k if you did not violate status for more than 180 days between your last lawful entry to the US and filing the 485. If you were in lawful status when the 485 was filed, or hadn't violated it for over 180 days, you may be OK.
2. You cannot stay in status by "piggybacking" one filing on another pending filing. Therefore, if your H-1B status #1 expired, #2 was pending and meanwhile your employer filed H-1B #3, the #3 does not keep you in status.
I hope this helps.
1. You can adjust status using a section of the Immigration and Nationality Act (INA) called 245k if you did not violate status for more than 180 days between your last lawful entry to the US and filing the 485. If you were in lawful status when the 485 was filed, or hadn't violated it for over 180 days, you may be OK.
2. You cannot stay in status by "piggybacking" one filing on another pending filing. Therefore, if your H-1B status #1 expired, #2 was pending and meanwhile your employer filed H-1B #3, the #3 does not keep you in status.
I hope this helps.
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eldrick
08-16 01:53 PM
Initially, when lawyer sent the documents for signature, they said we should send a $745 dollars check for spouse's form fees. So, my husband asked HR if he's gonna pay for this but HR told him no need they are gonna cover it.
But just yesterday, after my husband got his payslip they deducted 1245 fee. So, my husband complained that he was told that he's not suppose to pay even for spouse's fee.
Because of this complaint, Company sent a letter of apology for wrong information.
My question is , do we really need to pay for this + separate legal fee?
Sorry my details are incomplete in my first post.
Please help. Thanks
But just yesterday, after my husband got his payslip they deducted 1245 fee. So, my husband complained that he was told that he's not suppose to pay even for spouse's fee.
Because of this complaint, Company sent a letter of apology for wrong information.
My question is , do we really need to pay for this + separate legal fee?
Sorry my details are incomplete in my first post.
Please help. Thanks
roseball
05-14 05:20 PM
Please review my ETA 9089, it must fit EB2.
H.3. Job title: SENIOR SOFTWARE ENGINEER
H.4. Education: minimum level required: MASTER'S
H.4-B. Major field of study: COMPUTER SCIENCE
H.5. Is training required in the job opportunity? NO
H.6. Is experience in the job offered required for the job? YES
H.6-A. If Yes, number of months experience required: 12
7. Is there an alternate field of study that is acceptable? NO
H.8. Is there an alternate combination of education and experience that is acceptable? NO
H.11. Job duties:
Analyze, design, coordinate and supervise the development of software systems.....
Design and develop programming systems making specific determinations....
Responsible for development of new programs, analyzes...
Responsible for analysis of current programs including performance�.
Review and repair legacy code�.
H.12. Are the job opportunity's requirements normal for the occupation? YES
H.14. Specific skills or other requirements: EMPTY
I am not quite sure about H.6, H.6-A. My understanding is that a senior s/w developer position requires experience, at least 1 year. On the other hand Masters�s degree + 12 months of experience may exceed SVP.
Thank you,
What you are doing is illegal as per DOL guidelines. The beneficiary CANNOT be involved in preparing the job and experience requirements for the job. They have to be done by the Company HR or your manager. All the PERM preparations are to be done by an attorney or if the company doesn't hire one, it has to be by the HR/Manager. Never by the beneficiary himself. You can just provide your educational and experience information to the company and the rest is handled by them.
H.3. Job title: SENIOR SOFTWARE ENGINEER
H.4. Education: minimum level required: MASTER'S
H.4-B. Major field of study: COMPUTER SCIENCE
H.5. Is training required in the job opportunity? NO
H.6. Is experience in the job offered required for the job? YES
H.6-A. If Yes, number of months experience required: 12
7. Is there an alternate field of study that is acceptable? NO
H.8. Is there an alternate combination of education and experience that is acceptable? NO
H.11. Job duties:
Analyze, design, coordinate and supervise the development of software systems.....
Design and develop programming systems making specific determinations....
Responsible for development of new programs, analyzes...
Responsible for analysis of current programs including performance�.
Review and repair legacy code�.
H.12. Are the job opportunity's requirements normal for the occupation? YES
H.14. Specific skills or other requirements: EMPTY
I am not quite sure about H.6, H.6-A. My understanding is that a senior s/w developer position requires experience, at least 1 year. On the other hand Masters�s degree + 12 months of experience may exceed SVP.
Thank you,
What you are doing is illegal as per DOL guidelines. The beneficiary CANNOT be involved in preparing the job and experience requirements for the job. They have to be done by the Company HR or your manager. All the PERM preparations are to be done by an attorney or if the company doesn't hire one, it has to be by the HR/Manager. Never by the beneficiary himself. You can just provide your educational and experience information to the company and the rest is handled by them.
2011 Funny quotes and sayings
dealsnet
03-28 10:39 AM
Doesn't matter.
what's your PD?? and which country you are from? Need more information to let me know whether you will get GC soon or not.
what's your PD?? and which country you are from? Need more information to let me know whether you will get GC soon or not.
more...
sen
02-21 08:02 AM
Guys,
I have a similar question. I have both H1 visa (valid till Feb 09) and approved AP document. I am planning to use my H1 during my re-entry into US. Do i still need to present/inform about my AP to POE officer?
Please advise.
I have a similar question. I have both H1 visa (valid till Feb 09) and approved AP document. I am planning to use my H1 during my re-entry into US. Do i still need to present/inform about my AP to POE officer?
Please advise.
snathan
03-03 01:29 PM
Well, I am not a fake profile. What happened to us is real. That is what the guy told us. He was basing his decision in the fact that the original company which filed for the LC was no longer in business and that they created a new company. Reality is that they only changed the company's name but they still do the same and have same employees. We believe he didn't want to ask his new partner about signing the I-140 petition. That is our guess.
Honestly, we disconnected ourselves from the whole thing, we were really depressed that after waiting for 5 years we finally got the LC approved and then we got that response. That is why I am looking for help in the forum, I really disconnected myself from the whole process and was not sure how have things changed since in terms of new immigration policies etc etc.
What ever it is...you need to file I-140 within 180 days of approvel. Its two years and gone.
Honestly, we disconnected ourselves from the whole thing, we were really depressed that after waiting for 5 years we finally got the LC approved and then we got that response. That is why I am looking for help in the forum, I really disconnected myself from the whole process and was not sure how have things changed since in terms of new immigration policies etc etc.
What ever it is...you need to file I-140 within 180 days of approvel. Its two years and gone.
more...
TomPlate
01-09 04:04 PM
"I suppose this year's quota for EB3 India is not yet used (as small it may seem). My guess is, when EB3 processing begins, it should get your collegues out in 6 to 9 months from now."
EB3 quota is like a spoon of rice from a bag of basmati :))
It maked me laugh and a good one too. Any way now it is a feast, so everything is going to open.
All EB priority dates are current.
EB3 quota is like a spoon of rice from a bag of basmati :))
It maked me laugh and a good one too. Any way now it is a feast, so everything is going to open.
All EB priority dates are current.
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singhsa3
11-15 09:12 AM
Tri State Folks,
You just saw priority dates in Dec visa bulletin. What do you plan to do now?
I have some answers for you but would like to hear from you first..
You just saw priority dates in Dec visa bulletin. What do you plan to do now?
I have some answers for you but would like to hear from you first..
more...
ganguteli
05-06 03:47 PM
Doing something is always better than doing nothing. If IV members would go for the meeting there are chances that they would meet some people and talk to them. In the next meeting these people would go to the stage and talk about IV. If one does not do anything there is a high chance that one would do anything in future.
Please motivate IV members to do something. It does not matter whether it would bear results or not. After few errors they would be doing better and right things. Lets walk the talk and not talk talk talk.
If people really want to do something, then how about we organize a rally in DC and show up in thousands?
Then everyone will know you and you do not need to go to meetings just to show your faces and expect that someone will have mercy on us and think about us next time.
Please motivate IV members to do something. It does not matter whether it would bear results or not. After few errors they would be doing better and right things. Lets walk the talk and not talk talk talk.
If people really want to do something, then how about we organize a rally in DC and show up in thousands?
Then everyone will know you and you do not need to go to meetings just to show your faces and expect that someone will have mercy on us and think about us next time.
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glus
05-31 09:02 AM
Just contributed $100 through paypal. ID: 78D447032J342041H
Please, do the same. It is critical to get IV going further.
Please, do the same. It is critical to get IV going further.
more...
21stIcon
12-21 08:44 AM
Excatly, you got it. at the end of year w2 should have 100k as a salary not after employer deduction.
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anil_gc
11-30 12:27 PM
Since your PD is in 2006, It may be a mistake.
This month I have seen many applicatiions with PD - EB2-India Jan-2003 to Jan 2004 are approved.
If you see many other updates like "Card production ordered" "Welcome NEW permanent residents" in the coming days then it may be a real approval
This month I have seen many applicatiions with PD - EB2-India Jan-2003 to Jan 2004 are approved.
If you see many other updates like "Card production ordered" "Welcome NEW permanent residents" in the coming days then it may be a real approval
more...
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logiclife
06-01 06:33 PM
No, you cannot file for I-485 unless your PD is current. This is as per the current law.
Now, if comprehensive immigration bill passes and it has provision to allow filing of 485, then you can file 485 even if your PD is not current. It may take time for all that to materialize. You are looking at a minimum of 6 months for such a change to be actually in place where USCIS would allow you to file 485 and that is assuming that all goes well.
As to your priority date transfer, yes, with approved 140 and labor, if you go to another employer who starts your greencard from scratch, then you can use the priority date of your current GC process and "PORT IT" to your new GC process. You will, however, need to keep the 140 and labor alive at your old job if you are beyond the 6th year of H1 in order to obtain an H1 transfer or extension with new employer. So if you are already done with your initial 6 year term, then you will need co-operation of your current employer to prevent him from withdrawing your current labor and 140 - atleast until 365 days have passed with new PERM labor or atleast until your PERM and 140 is approved with new GC process.
Now, if comprehensive immigration bill passes and it has provision to allow filing of 485, then you can file 485 even if your PD is not current. It may take time for all that to materialize. You are looking at a minimum of 6 months for such a change to be actually in place where USCIS would allow you to file 485 and that is assuming that all goes well.
As to your priority date transfer, yes, with approved 140 and labor, if you go to another employer who starts your greencard from scratch, then you can use the priority date of your current GC process and "PORT IT" to your new GC process. You will, however, need to keep the 140 and labor alive at your old job if you are beyond the 6th year of H1 in order to obtain an H1 transfer or extension with new employer. So if you are already done with your initial 6 year term, then you will need co-operation of your current employer to prevent him from withdrawing your current labor and 140 - atleast until 365 days have passed with new PERM labor or atleast until your PERM and 140 is approved with new GC process.
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tnite
08-10 11:32 AM
any CT members coming along with you.. ?
None of them have PM'd or called me so far.
None of them have PM'd or called me so far.
more...
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BornConfused
07-03 09:43 AM
I'll draw a flower and send it, how is that? After all the $$$ spent on the lawyer and this whole fiasco in general, I ain't spendin' a penny more on them:mad:
Maybe a stinky garden weed. It's the thought that counts:D.
Maybe a stinky garden weed. It's the thought that counts:D.
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styrum
03-04 07:01 PM
It's not like he suddenly realized something. The only reason they changed the policy is that they got sued. Period! :mad: They continue the sabotage with processing dates going backward (which is never supposed to happen!), etc, because they feel no threat to their well-being.
more...
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spicy_guy
08-10 02:30 PM
By other poster...
"Some people already know about this bill introduced on July 1 by John Shadegg (AZ)
H.R. 5658 : To amend the Immigration and Nationality Act to increase competitiveness in the United States, and for other purposes.
Link: H.R.5658: SKIL Act of 2010 - U.S. Congress - OpenCongress (http://www.opencongress.org/bill/111-h5658/show)
go to the link and click and write to you local representative to consponsor and suppor this bill and pass this bill.
If congress passes this bill it would increase the available EB visa numbers and will make life easy for lots of indian and chinese citizens.
Good Luck
And thanks"
"Some people already know about this bill introduced on July 1 by John Shadegg (AZ)
H.R. 5658 : To amend the Immigration and Nationality Act to increase competitiveness in the United States, and for other purposes.
Link: H.R.5658: SKIL Act of 2010 - U.S. Congress - OpenCongress (http://www.opencongress.org/bill/111-h5658/show)
go to the link and click and write to you local representative to consponsor and suppor this bill and pass this bill.
If congress passes this bill it would increase the available EB visa numbers and will make life easy for lots of indian and chinese citizens.
Good Luck
And thanks"
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satyasaich
10-21 10:16 AM
That means let Immigrants suffer in hell. with this ignorant guy's letters, and inturn USCIS responds and issues a dump memo on that letter again, and the suffering becomes more and more day by day. Is the republicans have majority or Democrats I have doubts about that. This bipartisan is a key word to do nothing and enjoy all the benefits of being the ruling side. There is no seniority issue here. These senators are weeds who make immigrants life miserable.
Like Ron hira mentioned, try to take a look from politics and 'election' perspective.whether he wins or loses, always tries to be in the news. just ignore.
earlier we have this kind of nonsense from Sen.Sessions and earlier to that Sen.Sensenbrener . These kind of people come and go, but how much they can achieve? Do they really know the implications of what they talk? my sincere guess is 'nothing', other than just want to be in the news
Like Ron hira mentioned, try to take a look from politics and 'election' perspective.whether he wins or loses, always tries to be in the news. just ignore.
earlier we have this kind of nonsense from Sen.Sessions and earlier to that Sen.Sensenbrener . These kind of people come and go, but how much they can achieve? Do they really know the implications of what they talk? my sincere guess is 'nothing', other than just want to be in the news
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Dipika
11-25 02:05 PM
Thanks for correcting me. i am sorry for wrong info. i'm not able to open all links in office, as firewall block forum links, so missed to read the rule.
Here is the OFFICIAL link from US Consulate at Tijuana
Visa Services (http://tijuana.usconsulate.gov/niv.html)
Who Can Apply in Mexico
TCN Applicants residing in the United States, seeking to renew their visa in any category except B1/2 (tourist/business), if the current visa was issued in the applicant's country of nationality, former residence, or in Mexico. A spouse or dependent children may apply with the principal visa holder if the principal meets the criteria above. A renewal is a case where an applicant for the same type of visa is made and does not include persons who seek to change from one visa category to another or who are seeking any other type of “change of status” even if that change has been authorized by the Department of Homeland Security.
Here is the OFFICIAL link from US Consulate at Tijuana
Visa Services (http://tijuana.usconsulate.gov/niv.html)
Who Can Apply in Mexico
TCN Applicants residing in the United States, seeking to renew their visa in any category except B1/2 (tourist/business), if the current visa was issued in the applicant's country of nationality, former residence, or in Mexico. A spouse or dependent children may apply with the principal visa holder if the principal meets the criteria above. A renewal is a case where an applicant for the same type of visa is made and does not include persons who seek to change from one visa category to another or who are seeking any other type of “change of status” even if that change has been authorized by the Department of Homeland Security.
ski_dude12
09-26 08:58 PM
You can go for infopass though I am not sure how helpful it will be. In my case I was able to get the same information by talking to level 2 support at USCIS. My 3 infopass appointments were no good really in terms of getting any update.
Thanks for the advice. I appreciate your insight.
I amm zn. ! going all in now.
1. I will call the Customer Service Line tomorrow.
2. I already got the InfoPass for 10/6
3. The letter for my senator is drafted. It will be sent tomorrow.
4. Finally, an email to the Ombudsman has been sent.
Hopefully, there is be some movement.
Thanks for the advice. I appreciate your insight.
I amm zn. ! going all in now.
1. I will call the Customer Service Line tomorrow.
2. I already got the InfoPass for 10/6
3. The letter for my senator is drafted. It will be sent tomorrow.
4. Finally, an email to the Ombudsman has been sent.
Hopefully, there is be some movement.
jr8rdt
11-21 03:04 PM
I have included the experience letter to my I-140 but the USCIS doesn't like the content of it hence the RFE. How can I overcome this? I got the letter when I left the company 10 years ago . I came to the US after that. the letter was very broad not specific duties. it was signed using letter head by my manager. I thought it was OK. but apparently not.
Problem is the company is no longer in business. I am planning to have a letter from a coworker who now live in Canada instead and should it be notarized ? is one letter enough for RFE? Does it mean my ex co-worker should bring the letter to a lawyer in Canada and have it notarized? or can my lawyer send a notarized letter and ask him to sign?
do I have to mentioned that the company is no longer in business in the letter?should I write the letter my self or have my lawyer do it for me?
anybody has a sample letter for RFE experience letter?
THanks....
I need help.....
Problem is the company is no longer in business. I am planning to have a letter from a coworker who now live in Canada instead and should it be notarized ? is one letter enough for RFE? Does it mean my ex co-worker should bring the letter to a lawyer in Canada and have it notarized? or can my lawyer send a notarized letter and ask him to sign?
do I have to mentioned that the company is no longer in business in the letter?should I write the letter my self or have my lawyer do it for me?
anybody has a sample letter for RFE experience letter?
THanks....
I need help.....
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