enthu999
07-22 10:00 PM
Please check my question in blue below
looks like..becuase people travel abroad while AOS is in process.
looks like..becuase people travel abroad while AOS is in process.
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usirit
07-30 11:20 AM
Nixone;
I really hope / wish you don't get audited.
DOL claimed that the newspaper ad was sent to them without the date of it. So we sent them back the whole paper-page where the date is usually printed at the very top with my job ad on it.
Good luck...
I looked at your signature timeline and it says "LC denied due to date missing on ad portion." Could you please clarify what happened? My job ads are running right now for PERM LC and not sure what I need to keep from the newspaper ad.
I have taken screenshots of Job Order, Yahoo HotJobs, Professional Organization, University Placement etc. I hope the screenshots showing the ad and all the dates would be good enough.
Did they send you RFE for all the job ads and is that how they found out the date missing? I did not know people get RFE for job ads. Thanks.
I really hope / wish you don't get audited.
DOL claimed that the newspaper ad was sent to them without the date of it. So we sent them back the whole paper-page where the date is usually printed at the very top with my job ad on it.
Good luck...
I looked at your signature timeline and it says "LC denied due to date missing on ad portion." Could you please clarify what happened? My job ads are running right now for PERM LC and not sure what I need to keep from the newspaper ad.
I have taken screenshots of Job Order, Yahoo HotJobs, Professional Organization, University Placement etc. I hope the screenshots showing the ad and all the dates would be good enough.
Did they send you RFE for all the job ads and is that how they found out the date missing? I did not know people get RFE for job ads. Thanks.
letstalklc
10-13 05:31 PM
What is the URL for checking the PERM case status?
You need login credintials in order to check the perm status. I am not sure if any option available in the New system...
You need login credintials in order to check the perm status. I am not sure if any option available in the New system...
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Wewilldo
11-25 09:21 AM
Thanks for the reply.
So you mean to say that I will get the Approval for Visa Transfer, but with consular processing and I need to Travel to my country of origin to get Visa stamped and I will get new I-94 when I enter US again.
Am I correct?
Hi Andy,
I am in kind of same situation. What happened to your case? My new employer file my H1 extension and renewal after my VISA expiration. They need valid I-94 for I-9 verification.
If you have time can we talk for seconds, 914-217-6925.
Thanks,
JAtin
So you mean to say that I will get the Approval for Visa Transfer, but with consular processing and I need to Travel to my country of origin to get Visa stamped and I will get new I-94 when I enter US again.
Am I correct?
Hi Andy,
I am in kind of same situation. What happened to your case? My new employer file my H1 extension and renewal after my VISA expiration. They need valid I-94 for I-9 verification.
If you have time can we talk for seconds, 914-217-6925.
Thanks,
JAtin
more...
vkmurthy260
06-25 11:32 AM
If you ask for a new I 94 you can get it from POE (provided I 94 is about to expire ). I got a new one while entering from Mexico last week. went out and came back in same day .
Hope this is information is usefull.
Thanks
Kris.
Hope this is information is usefull.
Thanks
Kris.
inskrish
04-18 04:41 PM
Don't stress - take it easy. This can be fixed. i sent you a private message
Nice talking to you, and thanks much for your guidance, help, and time Chandu. The short phone conversation with you was quite informative and helpful. Thanks to IV for your initiatives to help the members who are in trouble with immigration matters.
Thanks.
Nice talking to you, and thanks much for your guidance, help, and time Chandu. The short phone conversation with you was quite informative and helpful. Thanks to IV for your initiatives to help the members who are in trouble with immigration matters.
Thanks.
more...
wandmaker
02-18 02:33 PM
One has to pay taxes on worldwide income if filing taxes as US resident. He/she can deduct foreign taxes paid as credit. It does not matter if income is taxed or not in the foreign country.
It is a key point to know, thanks for posting
It is a key point to know, thanks for posting
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iv_only_hope
01-15 10:20 AM
Update from my lawyers site
For China-mainland born EB-2, if demand remains as has been seen over the last couple of months, it is expected that the 01 JAN 03 cut-off date will hold, and it is likely that all numbers will be used within the current cut-off date. The State Dept. has ssured that it is looking for mechanisms to maximize number usage so that no visa numbers remain unallocated, and is looking for ways to make additional India and China-mainland born numbers available, such as by making sure that unused numbers that had been sent to consular posts are promptly returned
For China-mainland born EB-2, if demand remains as has been seen over the last couple of months, it is expected that the 01 JAN 03 cut-off date will hold, and it is likely that all numbers will be used within the current cut-off date. The State Dept. has ssured that it is looking for mechanisms to maximize number usage so that no visa numbers remain unallocated, and is looking for ways to make additional India and China-mainland born numbers available, such as by making sure that unused numbers that had been sent to consular posts are promptly returned
more...
Pagal
12-17 12:36 PM
Hello,
An approved H1-B petition is an approval for you to undertake employment within US, while a H1-B stamp is to allow you to knock on the US door (PoE) where an IO will decide whether to let you in or not.
There is no requirement that states that legally you must be working continuously within US if you are on H1-B (if anyone knows otherwise, he/she should post the appropriate link).
In short, you should not have any issue at all. The IO will ask why you were out of US and you can tell him/her that you were out 'cause you were consulting from India and not working in US for the past year. You should keep the new offer letter with you to prove to the IO that you have a new job within US now and that's why you want to enter the country.
Do consult a lawyer, but IMHO, you should be fine as a fiddle! :)
An approved H1-B petition is an approval for you to undertake employment within US, while a H1-B stamp is to allow you to knock on the US door (PoE) where an IO will decide whether to let you in or not.
There is no requirement that states that legally you must be working continuously within US if you are on H1-B (if anyone knows otherwise, he/she should post the appropriate link).
In short, you should not have any issue at all. The IO will ask why you were out of US and you can tell him/her that you were out 'cause you were consulting from India and not working in US for the past year. You should keep the new offer letter with you to prove to the IO that you have a new job within US now and that's why you want to enter the country.
Do consult a lawyer, but IMHO, you should be fine as a fiddle! :)
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h1denied
03-16 08:17 AM
I was working with Employer-A till 30/Nov/08 and then filed H1 transfer with employer-B. I started working with Employer B on Dec/08/08 as we received the receipt.
My H1B visa transfer with Employer-B was denied on Mar/02/2009 as the contract between Employer-B and Client was not signed by Client.
My current H1B transfer is denied and previous H1B and I-94 is expired.
Current H1B transfer:
Start date: Nov-21-08,
RFE received: Dec-30-08,
RFE responded: Feb-06-09
RFE expiry date: Feb-10-09
Received Denial: Mar-02-09.
Previous H1B with Employer-A expired: Jan-31-09.
I-94 expired: Feb-10-2009.
What are my options? I believe that I am out of status since Mar/02/09 (Denial date). Is there any way that I can stay on H1 status in US? I think H1 transfer is not possible as my current H1 is denied and previous H1 is expired. Can anyone confirm?
If any new employer sponsors H1 for me with premium processing (I think I dont need to go through 2009 lottery system as I have already got H1 in 2006 cap), Is it legal for an employer to sponsor new H1B when beneficiary is out of status in US? Should I leave US and then my new employer can file fresh H1 using same 2006 cap so I dont need to go trhough 2009 lottery. Which is the good option? Should I stay in US or India while filing new H1? Within how much time should I leave the country? Is it ok to overstay for 15-20 days after denial?
Please guide me asap. Thanking you in advance!
My H1B visa transfer with Employer-B was denied on Mar/02/2009 as the contract between Employer-B and Client was not signed by Client.
My current H1B transfer is denied and previous H1B and I-94 is expired.
Current H1B transfer:
Start date: Nov-21-08,
RFE received: Dec-30-08,
RFE responded: Feb-06-09
RFE expiry date: Feb-10-09
Received Denial: Mar-02-09.
Previous H1B with Employer-A expired: Jan-31-09.
I-94 expired: Feb-10-2009.
What are my options? I believe that I am out of status since Mar/02/09 (Denial date). Is there any way that I can stay on H1 status in US? I think H1 transfer is not possible as my current H1 is denied and previous H1 is expired. Can anyone confirm?
If any new employer sponsors H1 for me with premium processing (I think I dont need to go through 2009 lottery system as I have already got H1 in 2006 cap), Is it legal for an employer to sponsor new H1B when beneficiary is out of status in US? Should I leave US and then my new employer can file fresh H1 using same 2006 cap so I dont need to go trhough 2009 lottery. Which is the good option? Should I stay in US or India while filing new H1? Within how much time should I leave the country? Is it ok to overstay for 15-20 days after denial?
Please guide me asap. Thanking you in advance!
more...
QuickGreenCard
09-15 09:48 PM
I have filed for EAD & AP by mail. AP got approved before EAD and the approval was put in the mail. While waiting to receive AP approval, EAD got approved and the approval was put in the mail.
I have received the EAD card and not the AP approval so far. Its been about 30 days since the AP approval was put in the mail.
I called couple of times to see if they can re-send it. Both the times they said, if you have not moved since you applied the petition and has not received the approval then you should re-file all over.
How far is this correct?
Has anyone faced this kind of stuff???
Thanks
SRI
I have received the EAD card and not the AP approval so far. Its been about 30 days since the AP approval was put in the mail.
I called couple of times to see if they can re-send it. Both the times they said, if you have not moved since you applied the petition and has not received the approval then you should re-file all over.
How far is this correct?
Has anyone faced this kind of stuff???
Thanks
SRI
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ameerka_dream
05-06 03:52 PM
Guys,
I need your suggestion. My birth was not registered within one year of my date of birth but it was registered recently and I got my Birth certificate with me. I'm just preparing documents for filing for 485 in near future. Some body has just mentioned to me that USCIS would send an RFE if I submit that Birth Certificate with 485 filing. Could anybody have an idea about documents that I would need to get and to submit with my birth certificate as per my per later registered birth certificate ?
I would appreciate if anybody can point me with links if somebody already gone through this.
Thanks.
I need your suggestion. My birth was not registered within one year of my date of birth but it was registered recently and I got my Birth certificate with me. I'm just preparing documents for filing for 485 in near future. Some body has just mentioned to me that USCIS would send an RFE if I submit that Birth Certificate with 485 filing. Could anybody have an idea about documents that I would need to get and to submit with my birth certificate as per my per later registered birth certificate ?
I would appreciate if anybody can point me with links if somebody already gone through this.
Thanks.
more...
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Alice141
03-26 02:55 AM
Student Visa
Applying for a UK student visa allows a person to come to the United Kingdom to embark upon a course of study in excess of six months duration.
The study visa immigration service entails the grant of a UK study permit enabling visa nationals to study in the UK with a view to gaining a recognized qualification.
Benefits
The student visa service in itself does not constitute a route to settlement; it does not confer indefinite leave to remain in the UK (ILR) often known as permanent residence and it will not lead to the opportunity to become a UK citizen through British Naturalization. However, a visa for student immigration may allow you to switch to another UK immigration service without leaving the country, upon the successful completion of your course.
If your course of study lasts less than six months, you may be able to enter the country under a UK visit visa, often referred to as a travel visa or tourist visa. However, the benefit of studying on a UK visa for students is that you will also be permitted to undertake limited employment.
Duration
There is no set duration for this type of visa for immigration to the UK, however, visas for students are usually granted for an initial period of one year and are determined by the length of course to be studied. In some cases, a study visa extension may be granted by applying for Further Leave to Remain (FLR) where applicants intend to follow completion of their course with another course of study.
One route for staying in Britain beyond your course of study, is available through switching to a UK work permit. UK work permits depend upon a specific offer of employment from a British company. Alternatively, you may qualify for the Highly Skilled Migrant Programme, or HSMP, a points based immigration visa for migrants with desirable professional skills. A third option for extending your stay in Britain by a year is the International Graduate Scheme, or for candidates graduating in Scotland, the Fresh Talent: Working in Scotland programme.
Global Visas can assist you in obtaining your permit to study and can help you to further your stay in the country, should you choose to do so, by selecting the best British immigration service for you. Our consultants are experts with UK immgration law and can manage your application at every stage providing immigration lawyer advice and on arrival services.
Eligibility
Course of Study
A UK student visa applicant must show that they have been accepted onto a course of study at one of the following.
* A publicly-funded institution of further or higher education (for example a university)
* A bonafide private education institution that maintains satisfactory records of enrolment and attendance for students and offers courses which lead to qualifications recognised by the appropriate accreditation bodies.
* An independent fee-paying school outside the maintained sector.
Applicants for UK student visas must intend to follow either:
* A recognised full-time degree course.
* A weekday course at a single institution that involves at least 15 hours of organized daytime study a week.
* A full-time course of study at an independent fee-paying school.
Students must be able to meet the costs of their course and accommodation and the maintenance of themselves and any dependents without undertaking full-time employment or engaging in business or having recourse to public funds. The applicants should also intend to leave the country at the end of their studies.
In-Country Applications
In-country applications for United Kingdom student visas may not be submitted by Visa Nationals.
Employment
Unlike a UK visit visa, or travel visa application, applicants for study permits may take part-time or holiday work but must not engage in the following.
* Work for more than 20 hours a week during term time (except in vacation periods), unless it is a work placement and part of a study program and the educational institution agrees.
* Conduct business, be self-employed, or provide services as a professional sports person or entertainer.
* Work full-time in a permanent job.
Spouse and Dependent Immigration
Spouse immigration is only permitted for married partners and unlike a fiance visa or De Facto visa, often known as an unmarried partner visa, your common-law or conjugal partner is not allowed to join you.
Married partners will be granted leave to remain for a period equal to that granted to the student. During this time, they must be able to support themselves either independently or with the help of the applicant.
Your spouse will be permitted to work only if your permit was issued for 12 months or more.
Visitors - visa application guide
This guide explains what you will need to do if you want to travel to the United Kingdom (UK) as a visitor, and what the Immigration Rules say. It is only a guide but it aims to answer some common questions.
If you need to pass through the UK in transit to another country, please read our Transit application guide for more information.
Applying for a UK student visa allows a person to come to the United Kingdom to embark upon a course of study in excess of six months duration.
The study visa immigration service entails the grant of a UK study permit enabling visa nationals to study in the UK with a view to gaining a recognized qualification.
Benefits
The student visa service in itself does not constitute a route to settlement; it does not confer indefinite leave to remain in the UK (ILR) often known as permanent residence and it will not lead to the opportunity to become a UK citizen through British Naturalization. However, a visa for student immigration may allow you to switch to another UK immigration service without leaving the country, upon the successful completion of your course.
If your course of study lasts less than six months, you may be able to enter the country under a UK visit visa, often referred to as a travel visa or tourist visa. However, the benefit of studying on a UK visa for students is that you will also be permitted to undertake limited employment.
Duration
There is no set duration for this type of visa for immigration to the UK, however, visas for students are usually granted for an initial period of one year and are determined by the length of course to be studied. In some cases, a study visa extension may be granted by applying for Further Leave to Remain (FLR) where applicants intend to follow completion of their course with another course of study.
One route for staying in Britain beyond your course of study, is available through switching to a UK work permit. UK work permits depend upon a specific offer of employment from a British company. Alternatively, you may qualify for the Highly Skilled Migrant Programme, or HSMP, a points based immigration visa for migrants with desirable professional skills. A third option for extending your stay in Britain by a year is the International Graduate Scheme, or for candidates graduating in Scotland, the Fresh Talent: Working in Scotland programme.
Global Visas can assist you in obtaining your permit to study and can help you to further your stay in the country, should you choose to do so, by selecting the best British immigration service for you. Our consultants are experts with UK immgration law and can manage your application at every stage providing immigration lawyer advice and on arrival services.
Eligibility
Course of Study
A UK student visa applicant must show that they have been accepted onto a course of study at one of the following.
* A publicly-funded institution of further or higher education (for example a university)
* A bonafide private education institution that maintains satisfactory records of enrolment and attendance for students and offers courses which lead to qualifications recognised by the appropriate accreditation bodies.
* An independent fee-paying school outside the maintained sector.
Applicants for UK student visas must intend to follow either:
* A recognised full-time degree course.
* A weekday course at a single institution that involves at least 15 hours of organized daytime study a week.
* A full-time course of study at an independent fee-paying school.
Students must be able to meet the costs of their course and accommodation and the maintenance of themselves and any dependents without undertaking full-time employment or engaging in business or having recourse to public funds. The applicants should also intend to leave the country at the end of their studies.
In-Country Applications
In-country applications for United Kingdom student visas may not be submitted by Visa Nationals.
Employment
Unlike a UK visit visa, or travel visa application, applicants for study permits may take part-time or holiday work but must not engage in the following.
* Work for more than 20 hours a week during term time (except in vacation periods), unless it is a work placement and part of a study program and the educational institution agrees.
* Conduct business, be self-employed, or provide services as a professional sports person or entertainer.
* Work full-time in a permanent job.
Spouse and Dependent Immigration
Spouse immigration is only permitted for married partners and unlike a fiance visa or De Facto visa, often known as an unmarried partner visa, your common-law or conjugal partner is not allowed to join you.
Married partners will be granted leave to remain for a period equal to that granted to the student. During this time, they must be able to support themselves either independently or with the help of the applicant.
Your spouse will be permitted to work only if your permit was issued for 12 months or more.
Visitors - visa application guide
This guide explains what you will need to do if you want to travel to the United Kingdom (UK) as a visitor, and what the Immigration Rules say. It is only a guide but it aims to answer some common questions.
If you need to pass through the UK in transit to another country, please read our Transit application guide for more information.
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Earned_GC
02-10 09:19 AM
Hi All:
Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.
Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.
more...
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Ramba
09-16 01:20 PM
The GC is based on good faith intention to have a permanent long term employer-employee relationship between sponsor and beneficiary. There is no prescribed time period to define �permanent� or �long term� in any law book. Each lawyer has their own interpretation. As most of the GC is thro sponsors, the sponsors has more power. If sponsor can able to successfully demonstrate to USCIS that beneficiary had a bogus intension to have a permanent emeplyer-employemet relationship, used employer just to get GC, then it may be a problem that leads to revocation of GC too. This is mostly possible in future employment category peoples. If any one worked for long term with sponsor before (or after) getting GC, then it is difficult for sponsor to demonstrate to USCIS that beneficiary had a bogus intension to have a permanent emeplyer-employemet relationship. Further, as AC21 gives 180 days as a time period for changing employment, 6 month period (either before or after getting GC) may be sufficient to work for sponsor.
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vkmurthy260
08-28 07:20 AM
Hi ,
My wife's name was wrong in the EAD card we got recently , my attorney doesnt want to fix this , we called USCIS and they have asked to sent a new 765 along with old form having the name right ( jus to proove its not our fault ) and the EAD card . Should we send the supporting documents any similar experiences ??
Thanks
My wife's name was wrong in the EAD card we got recently , my attorney doesnt want to fix this , we called USCIS and they have asked to sent a new 765 along with old form having the name right ( jus to proove its not our fault ) and the EAD card . Should we send the supporting documents any similar experiences ??
Thanks
more...
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Pagal
01-28 09:35 AM
Hello,
Congratulations! Hope you continue to support IV in the future as well ... through time and/or money... :)
Congratulations! Hope you continue to support IV in the future as well ... through time and/or money... :)
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pappu
01-05 11:24 AM
any predictions for Feb 2009 :D:D
Tough to predict due to porting done from EB3 to EB2. All old EB3 PDs that ported to EB2 will have priority over newer EB2 PDs
Tough to predict due to porting done from EB3 to EB2. All old EB3 PDs that ported to EB2 will have priority over newer EB2 PDs
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psk79
05-27 04:36 PM
so can anyone confirm this 'no FP if filed via paper' thing?
As for mailing address, I guess if I do courier the package they all have the same address (N. augustine rd). So in that case, I can send them all in the same packet.
thanks.
As for mailing address, I guess if I do courier the package they all have the same address (N. augustine rd). So in that case, I can send them all in the same packet.
thanks.
hersheygaile
09-09 06:23 PM
HELP!!!i'm confuse!i entered here in the US as a tourist visa last year oct 2008.my 1-94 lapsed last april 30, 2009 but i'm still here in the US because i have a pending immigrant petition as a nurse and my lawyer said i could stay until 180 days which will end on oct 2009. I was filed as h1b for non profit organization last sept 1 as a dietitian on premium processing. My employer told me to just wait for my notice of receipt and approval in 15 days.My question is that it will be possible for the USCIS to approve me because technically i am now out of status but i do have until October to stay here because of my 180 days. I need some answers to clear up my mind.
sanjay
04-07 10:20 AM
Is this something common?. I did not get any emails after that. Following is the relevant part of the email....
"Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On April 3, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register."
What else do you want Bro. Give 30 days time to USCIS to send your card. we, most of us, would me more satisfied just to see the magical words - Current Status: Card production ordered in our case status.
Regarding holding card in physically, have to wait some time. Which should not be more taxing than waiting to see the magical words.
"Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On April 3, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register."
What else do you want Bro. Give 30 days time to USCIS to send your card. we, most of us, would me more satisfied just to see the magical words - Current Status: Card production ordered in our case status.
Regarding holding card in physically, have to wait some time. Which should not be more taxing than waiting to see the magical words.
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