Thursday, June 30, 2011

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  • waiting4gc02
    02-28 02:33 PM
    On the VFS site it lists the following docs:

    Spouse / Dependent Children
    1. Passport, visa fee receipt issued by HDFC Bank and interview appointment letter.
    2. The original Notice of Action Form I-797 of the Principal Applicant.
    3. Form I-129 (if Form I-797 is a blanket permit, copy of Form I-797 and I-129) of the Principal Applicant, and letter from employer that describes the relationship with the Principal Applicant and the purpose of travel.
    4. Photocopy of the Principal Applicant�s valid visa (if applying separately).
    5. Original Marriage Certificate (for spouse) along with your entire wedding photo album.
    6. Original Birth certificate (for each child).


    The one that stands out is #4.

    Since I am in the US and have NOT gone for Visa Stamping, how can we furnish this..??

    Thanks




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  • instantkarma
    01-28 01:59 PM
    hello,
    I have an EAD and have an approved labor and I-140 approved for over 180 days with my employer.
    I am interested in knowing the clarity on SOC (speciality occupation codes) with AC21.

    My current labor when filed has details in my ETA9089 form as -
    1. SOC - 151051
    2. Job Title - Computer Consultant/Programmer Analyst
    3. Skill Level - II
    4. Wage offered - $76k
    5. Prevailing wage - 60k

    I have a new job offer, from another company whose details are -
    1. Job Title - Managing Consultant
    2. Wage offered - $120k
    This job would require me to play a role of Manager/Supervisor, Architect and also code.

    Im not sure what SOC code the new company would offer me? From the latest bls.gov SOC guide "Supervisors of workers in Major Groups 13-0000 through 29-0000 usually have work experience and perform activities similar to those of the workers they supervise, and
    therefore are classified with the workers they supervise."

    So besides similar job duties does it require SOC compatibility for AC21?
    Thanks in advance!




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  • go_guy123
    01-26 10:51 AM
    01/25/2011


    Article by Frank Aquila of Bloomberg BusinessWeek who underscores several reasons why lifting the cap on H-1B petitions is essential for US Tech growth including the fact that "The U.S. Labor Dept. estimates that by 2014, 2 million high-tech jobs will go unfilled simply because the cap on H-1B visas has not been raised."


    Read Article (http://www.businessweek.com/investor/content/jan2011/pi20110118_876603.htm)


    More... (http://ashwinsharma.com/2011/01/25/bloomberg-businessweek-article---h-1b-visas-a-modest-proposal-for-immigration-reform.aspx?ref=rss)

    As usual the author is out of touch and ignorant about reality and is simply doing a quick copy and rehash existing articles on the internet.
    Talks of nothing about GC wait etc. Utterly useless article.




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  • gc_nebraska
    01-08 02:49 PM
    Pady! My PD similar to yours , I got an RFE in Sep '08 currently my status says " case received and resumed" but no reply so far . do you think i should take an info pass too ?



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  • h1techSlave
    10-13 08:34 AM
    Folks, I have received a notice from USCIS stating the following:

    The above application or petition has been received.

    Your application was received without the necessary fingerprint fee.

    Under 8CFR 103.2(e), this fee of $70.00 must be submited along with the filing fee fot the application/petition. If this office has not recieced the fee within 87 days, your application will be considered to be abandoned under ...


    Is there any one else in the same boat? What are my options here?




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  • nileshilpa
    08-27 02:21 PM
    MIne was updated 2 days later, be patient

    Gurus,

    I saw three LUDs on 485 applications after FP. Last as latest as August 23rd. No recent LUD on EAD or AP yet.

    What should I expect?



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  • h1vegas
    06-30 01:39 AM
    Please reply




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  • beautifulMind
    04-20 04:10 PM
    You can use your eb3 EAD.

    But first to get into EB2 category, you have to first file another separate labor with a different employer (w/same employer it will most likely rejected) and then file 140 separately agian and then once your 140 is approved get it interfiled and then port from eb3 to eb2.


    Thanks. I understand the chances are slim but I am willing to take the risk since My company has already gone through the recruitment process...Worst I still going to be on eb3...

    Another question...By moving to a diferentt positon I am invoking AC21 even though it is in the same company...but at the same time I am filing for eb2 where job duties has to be atleast 50% different. This then violates ac21 rules so how come this is allowed. Most people convert from eb3 to eb2 using h1b but I am not sure if it is possible using ead



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  • vin13
    06-24 07:30 PM
    Advance Parole is not a requirement to maintain status. AP is used to get back into the country based on a pending 485. If you have a valid H1/H4 and just want to stay with it and get back on H1/H4 that is totally fine. AP is optional in your case.




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  • vfx
    07-09 11:52 AM
    Is the 3yr extension based on an approved 140 transferrable to another employer for the full duration of 3 yrs?



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  • piperwarrior
    07-17 11:16 PM
    I don't think your lawyer knows what he's talking about. All you need is your I-140 receipt. I applied for my wife on July 2 and used my I-140 approval notice. Did not even include the I-485 notice as the instructions did not ask for it. The simple solution is to go online and download the official instructions and figure out for yourself.

    I got myself in somewhat of a mess here and wondering if there is any solution?

    I filed for my I-485 on June 28th and it reached UCSIS on 2nd July. I wasn't able to do the same for my wife as she was in India at that time.

    She is back now and I want to file her I-485 but my lawyer tells me I can not do that because it either needs to be filed concurrently with mine or they need to have a receipt for my I-485 which doesn't seem to be coming in the next few weeks.

    Is there anything else I can do? Anyone has similar experiences? Will a copy of my I-485 filing do?

    Thanks.




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  • lecter
    June 25th, 2004, 09:30 AM
    I love Nikon because they are a perfect foil and competition for Canon.
    I love their cameras and the photos I have seen the photographers take.
    Unfortunately for their bottom line profit and sales, I got a d30 first!!!!



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  • smccrea
    03-01 03:04 PM
    Is an employee who resigns entitled to relocation expenses like the employee who is laid off?




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  • vayumahesh
    03-31 05:28 PM
    I have received an RFE on my I-485 application to provide a copy of birth certificate. However, I have submitted the birth certificate and affidavits from my parents when I filed for I-485.

    I am from India. Since the name is put after few months of birth, my name is not present in the birth certificate. I am not sure if the RFE is due to this. But all the (or most) people from India would be in the same zone, right (not having name in birth certificate) ?

    Is anyone in the same situation as me ? What kind of documents have you submitted for the birth certificate requirement ?

    Here is my RFE
    ==========
    The documentation submitted is not sufficient to warrant favorable consideration of your petetion/application.

    ....

    Submit a copy of your birth certificate showing your parentage, which has been registered with the proper civil authorities of the country of your birth.



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  • sheish
    09-22 11:03 AM
    Hi,

    Thanks for the response. So, technically, there is a window between when I transfer to Company-B and Company-B files my PERM, in which Company-A can withdraw/cancel my I-140. So, what happens to the status in that case? Will the Company-B H1(transferred) still be valid?

    Thanks.




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  • desi3933
    07-19 04:34 PM
    Hi,

    I too have the same question. Isnt EAD a non-immigrant status unlike H1B? So, how can one apply for GC on a non-immigrant status? I might be wrong though.

    >> Isn't EAD a non-immigrant status unlike H1B?
    EAD is not a status. EAD is just Employment Authorization Document. I-485 pending (AoS Pending) is the status.

    >> So, how can one apply for GC on a non-immigrant status?
    GC can, also, be applied for someone who is not even in US. Kind of status in US has nothing to do with GC process, as long as one is in valid (authorized) status.



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  • sunny1000
    11-16 10:07 PM
    My current AP will be expiring this Dec, and my priority date is Jan 2006.
    I have a wedding in Canada in January 2011. I would like to know if I need an Advance Parole to Canada then re-enter? Somehow I read somewhere about Canada and Mexico have different requirements.
    Thanks for your input.

    Yes, you WILL need AP. DO NOT leave without an APPROVED AP in hand, to Canada, as that will make your GC application deemed abandoned. Repeat, you need an APPROVED AP in hand, before you depart for Canada.




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  • siddar
    03-29 09:46 AM
    Hi,

    I changed employer in 2010 so my wife got new H4 valid until 03/2013 ( I-94 valid until 03/2013). She traveled to India last year and while returning she did not show her new H4 approval to immigration office so got I-94 until 08/2011 (old H4 was stamped until 08/2011).
    My question is does she need to file I-539 for I-94 extension? If yes, process is similar like any other(B1, B2) extension? I appreciate any kind of help.

    Thanks,
    Venkat.

    You might want to try CBP deferred inspection. For further details, go through the link below:

    U.S. Customs and Border Protection - Contacts (http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/)

    Talk to any CBP site at nearby International Airport, and tell them that "while entering I've submitted all the documents, but the I-94 was given based on the old petition".
    If one site denies, then try another site. Otherwise, you need to submit the application to USCIS to extend the I-94.




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  • snathan
    01-24 11:22 AM
    Hi,

    This is my case:

    1. Came to States on H1B in Jan 2005 thru company A. Worked with company A till July 2005

    2. Successfully transferred H1B to company B. Started working with them from July 2005. New I 797 was valid till July 2008. Filed for H1b Ext with company B in Feb 2008.

    3. Came to visit India in May 2008 and also to stamp the H1b which was valid till July 2008 thru company B. Got RFE in Indian consulate in Bombay on June 2008 so couldnt travelled back to States.

    4. RFE got cleared in Aug 2008 and by that time my H1B expired. Company B received an RFE on H1B extension. They said they cant reply for some reasons and they withdrew the application.

    5. In Dec 2008, I filed for H1b extension from company C. Got an RFE to prove the legal status on H1B ext.

    Please suggest, what are the chances of getting an approval. I know its little trickier but a straight forward case.

    Regards

    You might need to provide the pay stubs and copies of I-94. check with lawyer for anything else.




    chna
    07-01 09:56 AM
    Thanks Nolaindian32 and prasadn for your advice. Will consider that option.




    bijualex29
    04-04 12:13 PM
    With the situation currently we are facing on H-1B, in my opinion congress may do some quick fix before the CIR implementation. Reforming the H-1B visa, I do not think any thing is wrong in that. In this process of reforming H-1B visa, can we incorporate our mission of at least filing I-485 without visa availability?
    Is this too much to ask?



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