abdulazeez77
08-14 07:13 PM
Should I send my orginal I-797 with her or just the copy?
GCEB2
06-24 08:06 PM
at the POE i was being given I-94 validity till Nov 2008 but i have visa till 2009, when i asked the immigration officer at POE he told me my passport was expiring in 6 months and told me to get a new passport and come back, when i went back to airport they gave me one I102 form to fill, Iam on H4 visa and i havent used my EAD yet.
My question is
1. if i send the I102 form how long will it take to get new I 94 card.
2. i need to renew my EAD which i never used before will it cause any problem. do i need to submit my copy of I94 card for renewel of EAD.
3. Other option is going out of country and coming back but after entering into USA with H4 visa i applied my SSn and i got it and till now i did not use my EAD and i did not apply for AP as its not required., so if i go out of country and come back what will be my status as i applied SSN
My question is
1. if i send the I102 form how long will it take to get new I 94 card.
2. i need to renew my EAD which i never used before will it cause any problem. do i need to submit my copy of I94 card for renewel of EAD.
3. Other option is going out of country and coming back but after entering into USA with H4 visa i applied my SSn and i got it and till now i did not use my EAD and i did not apply for AP as its not required., so if i go out of country and come back what will be my status as i applied SSN
Canadian_Dream
06-18 02:31 PM
That's NOT right. AC-21 Yates Memo states that:
As long as your I-140 is not revoked and your I-485 is NOT adjudicated with in 6 months, you are covered by AC-21 portability law. That means you can change jobs before six months (with or without EAD) and still continue with you GC process.
The chances of I-485 being adjudicated in six month is quite low. Stick to your current job for 2 months, remain on payroll for few months by forgoing PTO/Severance. That would give you 3-4 months. Then change your job with H1B and let your I-140/I-485 continue as it is. Send AC-21 letter at the end of 5th month. I think you should stick to your current employer.
Please check old thread on AC-21 discussions and the following link should be useful.
http://www.murthy.com/news/n_yatmay.html
To invoke, AC21 you should have filed 485 and passed 180 days.
In your situation, I would go with the new employer if he is ready to file the labor today(ASAP). If he has the ad already running for a month, then you should be able to get the LC approved within a week.
Then file 140 in premium and wait with all 485 docs ready. if you dont get 140 approved before July end and if the bulletin retrogress, then go ahead and file 485. If the bulletin does not retrogress, then wait till 140 gets approved and file 485. PORT THE PD.
If you dont want to wait, the file 140 and 485 togather. But 140 in regular is unpredictable. If you file in premium then you can get H1 for 3 years later and also you wil get EAD faster.
CONTRIBUTE TO IV.
As long as your I-140 is not revoked and your I-485 is NOT adjudicated with in 6 months, you are covered by AC-21 portability law. That means you can change jobs before six months (with or without EAD) and still continue with you GC process.
The chances of I-485 being adjudicated in six month is quite low. Stick to your current job for 2 months, remain on payroll for few months by forgoing PTO/Severance. That would give you 3-4 months. Then change your job with H1B and let your I-140/I-485 continue as it is. Send AC-21 letter at the end of 5th month. I think you should stick to your current employer.
Please check old thread on AC-21 discussions and the following link should be useful.
http://www.murthy.com/news/n_yatmay.html
To invoke, AC21 you should have filed 485 and passed 180 days.
In your situation, I would go with the new employer if he is ready to file the labor today(ASAP). If he has the ad already running for a month, then you should be able to get the LC approved within a week.
Then file 140 in premium and wait with all 485 docs ready. if you dont get 140 approved before July end and if the bulletin retrogress, then go ahead and file 485. If the bulletin does not retrogress, then wait till 140 gets approved and file 485. PORT THE PD.
If you dont want to wait, the file 140 and 485 togather. But 140 in regular is unpredictable. If you file in premium then you can get H1 for 3 years later and also you wil get EAD faster.
CONTRIBUTE TO IV.
funny
10-01 04:27 PM
Personally I dont think there would be much difference between Eb2 and Eb3 going forward (with Obama\Dick durbin presidency). With Obama CIR we might be forced to reapply in points based system in which case both eb2 and eb3 are screwed. I am not sure what sort of toxic potion is being brewed by Durbin for Eb community. Atleast with Mccain we might have 4 more years of same in which case there might be some hope for both eb2 and eb3.
I doubt that all the pending applicants in EB categories will be forced to re-apply in the new point based systems. That system might be for the new applicants, There might very well be a recapture for all the lost visa so far...to get thru the pending applications quickly so that the new point based system would be in place...I highly doubt that all the pending applicants will be forced to apply in the point based system...I would like to get input from others as well
I doubt that all the pending applicants in EB categories will be forced to re-apply in the new point based systems. That system might be for the new applicants, There might very well be a recapture for all the lost visa so far...to get thru the pending applications quickly so that the new point based system would be in place...I highly doubt that all the pending applicants will be forced to apply in the point based system...I would like to get input from others as well
more...
abdulazeez77
08-14 06:06 AM
On reading my last post again, I don't think it is very clear. Let me try to explain again. When my wife comes back into the country, she needs to get a new I-94 at the port of entry. One of my friends mentioned that there is a possibility that the officer could mistakenly stamp the date on the new I-94 card as the same as on my wife's visa stamping (Dec 2007 as per my prior employer). In order to avoid this, should my wife pre-emptively submit her passport as well as transferred I-797 and I-539 and request the officer to stamp the new dates on the I-94 (Dec 2009)? Please advise.
Regards,
Azeez
Regards,
Azeez
snathan
03-24 11:46 AM
Even I am in the current situation. Please call me 6166342617 so we can discuss or email
[email]anand622@yahoo.com I have spoken to a couple lawyers so we can exchange options
Why dont you share your attoney's input here...It will be very useful for others in the same situatuion.
[email]anand622@yahoo.com I have spoken to a couple lawyers so we can exchange options
Why dont you share your attoney's input here...It will be very useful for others in the same situatuion.
more...
javadeveloper
12-17 04:21 PM
Dates were current till 2005. They were again current in between.
dates were current till Dec 2004(http://travel.state.gov/visa/frvi/bulletin/bulletin_1343.html).afterthat in 48 months (05,06,07,08)dates were current only for 1 month(July 2007) which is for about 2% of the time.
Jan 05 VB - http://travel.state.gov/visa/frvi/bulletin/bulletin_2007.html
dates were current till Dec 2004(http://travel.state.gov/visa/frvi/bulletin/bulletin_1343.html).afterthat in 48 months (05,06,07,08)dates were current only for 1 month(July 2007) which is for about 2% of the time.
Jan 05 VB - http://travel.state.gov/visa/frvi/bulletin/bulletin_2007.html
fromnaija
12-31 08:24 PM
Hi,
I just got my 2nd 3 year extension (Nov 2006 to Nov 2009) on my H1B after completing six years.
My PD is June 2005 and I-140 approved on July 2006. I am thinking of
changing my job. I am puzzling about the following questions:
1. Can I change the job and use my 3 year extension for the next job?
2. Can I keep my PD of June 2005 if my current employer doesn't revoke
my I-140 ?
3. If I apply for GC again with new employer and get my I-140 approved , can
I keep getting 3 year extensions on that job ?
PLEASE HELP!.
Thank you,
Yes, yes and yes. Your questions have been answered many times over here.
I just got my 2nd 3 year extension (Nov 2006 to Nov 2009) on my H1B after completing six years.
My PD is June 2005 and I-140 approved on July 2006. I am thinking of
changing my job. I am puzzling about the following questions:
1. Can I change the job and use my 3 year extension for the next job?
2. Can I keep my PD of June 2005 if my current employer doesn't revoke
my I-140 ?
3. If I apply for GC again with new employer and get my I-140 approved , can
I keep getting 3 year extensions on that job ?
PLEASE HELP!.
Thank you,
Yes, yes and yes. Your questions have been answered many times over here.
more...
drirshad
11-12 12:11 PM
What if you have used AC-21 before getting GC ......
Would that allow you quit the employer sooner than 6 months after GC as this is not the employer who sponsored the GC in first place.
Would that allow you quit the employer sooner than 6 months after GC as this is not the employer who sponsored the GC in first place.
cinqsit
10-10 07:55 AM
I have requested again for the screenshot mentioning the same and waiting on a response. You do seem to have an idea how it looks like, if you dont mind, would you be able to post a screenshot with all information greyed out. With that handy, if they come back with, 'no way' I can go back at them hard saying they are BS'ing me and call their bluff.
Thanks again!
If I were you I wont try and get confrontational with the employer HR or attorneys as
you will need their help in the future. They cant "sell" your approved labor(as in the past), it belongs to you and you only. Your priority date would be the day you filed your labor so that doesnt change. Just keep politely pestering them with case info give then reasonable (or more than reasonable time) before you give up. Sorry I cant be much of help here and no unfortunately cant post any screenshot only the HR and attorney has access to the system. Good luck!
Thanks again!
If I were you I wont try and get confrontational with the employer HR or attorneys as
you will need their help in the future. They cant "sell" your approved labor(as in the past), it belongs to you and you only. Your priority date would be the day you filed your labor so that doesnt change. Just keep politely pestering them with case info give then reasonable (or more than reasonable time) before you give up. Sorry I cant be much of help here and no unfortunately cant post any screenshot only the HR and attorney has access to the system. Good luck!
more...
getta05
03-27 01:33 PM
I have not started the process as yet. Bust basically I am going thru a Franchise Corp to do my application at present. But have kept the option open to buy one outright in a good neigborhood.
veni001
01-31 12:02 PM
What are the requirements to port from eb3 to eb2 with just an i 140 approved? I am happy with my current employer. I have worked with this company for 5 years now. I have a master's from a well known university in the US. At the time of applying for gc, attorney and company advised to file in eb3.
Thanks.
That means your current position qualifies as EB3 only!! If you want to port you need to find a EB2 qualifying job:)
Thanks.
That means your current position qualifies as EB3 only!! If you want to port you need to find a EB2 qualifying job:)
more...
calboy78
08-02 08:48 PM
This document:
http://www.uscis.gov/files/article/B5.pdf
Says that :
If you stay outside of the
U.S. for one year or more and did not apply for a re-entry
permit before you left, then you may be considered to have
abandoned your permanent resident status and may be refused
entry into the U.S. if you try to return. If you are in this situation,
contact the U.S. Consulate about a returning resident visa.
You might want to talk to an attorney before !
Good Luck and hope DHS/USCIS will provide some relief to you.
They have decades old laws, which don't make much sense and they have no agenda to change 'em.
http://www.uscis.gov/files/article/B5.pdf
Says that :
If you stay outside of the
U.S. for one year or more and did not apply for a re-entry
permit before you left, then you may be considered to have
abandoned your permanent resident status and may be refused
entry into the U.S. if you try to return. If you are in this situation,
contact the U.S. Consulate about a returning resident visa.
You might want to talk to an attorney before !
Good Luck and hope DHS/USCIS will provide some relief to you.
They have decades old laws, which don't make much sense and they have no agenda to change 'em.
dixie
10-17 03:13 AM
It means you will be able to get your EAD in a few weeks, based on your ability to file for I-485. The real thing ... well it can take anywhere between 8-9 months to more than 3 years, depending on how quickly FBI completes your name check and how slow or fast the USCIS service center is.
Does a current PD mean you're getting your GC in a few weeks or does it mean "we've started working on it, we'll let you know":)
Thanks!
Does a current PD mean you're getting your GC in a few weeks or does it mean "we've started working on it, we'll let you know":)
Thanks!
more...
ashkam
09-14 07:42 AM
I watched Schindler's list and I don't know, I feel the Jews had it a bit worse than the "highly skilled immigrant" community. You know, what with the gas chambers and millions executed and what not.
la6470
06-03 09:45 PM
Refer to Page 5 of Neufled Memo (http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf)
It shows self employment and H1B cannot prove employer-employee relationship.
>>If so, H1B visa requires proof of salary, whereas owners in an LLC cannot be employed by the LLC. Any ideas on how to solve this paradox?
My understanding after reading Nolo's LLC guide is that when you file LLC, if you don't state who will be Members and Managers. then everyone by default will be Members and Managers. If you are going to work, then you should be stated as Manager in Operating agreement.
He can do whatever he damn well wants to do .. I totally applaud him/her if he is making 300K a year and my advice to him/her is that you should not care wether you have a h1b or not, GC or not etc. Just make sure that you deposit your earnings in swiss banks and whenever USCIS throws you out show them the middle finger and go live in Aruba,. We are all ballless human being if we try to play by the rules of this game of discrimination. My advice is "Go Grab whatever you can"
It shows self employment and H1B cannot prove employer-employee relationship.
>>If so, H1B visa requires proof of salary, whereas owners in an LLC cannot be employed by the LLC. Any ideas on how to solve this paradox?
My understanding after reading Nolo's LLC guide is that when you file LLC, if you don't state who will be Members and Managers. then everyone by default will be Members and Managers. If you are going to work, then you should be stated as Manager in Operating agreement.
He can do whatever he damn well wants to do .. I totally applaud him/her if he is making 300K a year and my advice to him/her is that you should not care wether you have a h1b or not, GC or not etc. Just make sure that you deposit your earnings in swiss banks and whenever USCIS throws you out show them the middle finger and go live in Aruba,. We are all ballless human being if we try to play by the rules of this game of discrimination. My advice is "Go Grab whatever you can"
more...
miceelf88
10-09 05:22 PM
somehow double posted. My apologies
StuckInTheMuck
07-18 09:03 AM
My friends who applied after me got it and I'm moving in 2 weeks.
In case your FP notice does not arrive before you move, you may want to arrange with someone to monitor your mailbox. I read somewhere USPS does not forward USCIS letters to the new address (assuming it is a permanent move), in which case the notice may go back undelivered.
In case your FP notice does not arrive before you move, you may want to arrange with someone to monitor your mailbox. I read somewhere USPS does not forward USCIS letters to the new address (assuming it is a permanent move), in which case the notice may go back undelivered.
ashres11
09-28 08:17 AM
J.Barrret/July2/10:28AM / NSC
Single check for spouse and myself.
Finally got check cashed. Cashed from texas.
Single check for spouse and myself.
Finally got check cashed. Cashed from texas.
ruchigup
06-02 01:49 PM
I know it is overwhelming, when we get email from USCIS about RFE. But be patient it is generally for employment verification, birth certificate, medicals etc. If there is one for spouse it could be for marriage verification.
You need to wait at least 7 days before you should call to check with them. But 7 days is fair time, and 80% (no data backing) of letters are received by then.
You need to wait at least 7 days before you should call to check with them. But 7 days is fair time, and 80% (no data backing) of letters are received by then.
dbevis
January 20th, 2004, 11:07 PM
Interesting. This is my first autofocus camera. Maybe I'm trusting autofocus too much? I'll try again with a smaller aperture and maybe do a manual focus. Maybe it's just a learning curve, but I have this camera with all of this automation and it seems that, more often than not, I'm shooting in manual mode and now considering using manual focus. With my AE-1 and A-1 bodies I rarely used the automated modes. I was hoping the 300D would be better, but it seems that when I use an automated mode I'm not happy with the settings it chooses. Do you folks with the professional cameras use the automated settings very often? How about autofocus?Or do I just need to get better at understanding the automated capabilities and use them properly.
Thanks for the image feedback.
Gary
As good as autofocus is, it is still "dumb" - it has no concept of what you WANT in focus. It just hunts down an area with a sufficient contrast gradient and locks onto it. The focus rectangles are only an approximation of the area evaluated by the AF logic, anyway. In fact, the target area is almost twice the size of the marker in your view finder.
So it's not perfect, not foolproof. I almost always am in Av or Tv mode, occasionally M. I have yet to use the automatic modes with the little pictographs. When I know I need control of depth of field, I set the aperture in Av. When I know I need to freeze the action, I set the shutter speed in Tv. Sometimes, M is called for (like shooting a macro closeup with flash).
The "crop factor" (a D60/10D/DRebel sensor that is 62% of a full-frame 35mm film body) only compounds the problem because the things that are out of focus are 1.6 timse bigger and therefore 1.6 times more noticable.
The guy who coined the phrase, "Practice makes perfect" had to have been a photographer. :)
Don
Thanks for the image feedback.
Gary
As good as autofocus is, it is still "dumb" - it has no concept of what you WANT in focus. It just hunts down an area with a sufficient contrast gradient and locks onto it. The focus rectangles are only an approximation of the area evaluated by the AF logic, anyway. In fact, the target area is almost twice the size of the marker in your view finder.
So it's not perfect, not foolproof. I almost always am in Av or Tv mode, occasionally M. I have yet to use the automatic modes with the little pictographs. When I know I need control of depth of field, I set the aperture in Av. When I know I need to freeze the action, I set the shutter speed in Tv. Sometimes, M is called for (like shooting a macro closeup with flash).
The "crop factor" (a D60/10D/DRebel sensor that is 62% of a full-frame 35mm film body) only compounds the problem because the things that are out of focus are 1.6 timse bigger and therefore 1.6 times more noticable.
The guy who coined the phrase, "Practice makes perfect" had to have been a photographer. :)
Don
