mzafar125
11-07 02:12 PM
Folks,
I have a question regarding filing the I-140 application. Can I use experience gained in my current job on my I-140 application. When my lawyer filed my application he stated that the applicant needed an undergrad degree and two years of work experience. I had two years worth of work experience in my current company when my application was filed with the department of labor.
My lawyer said that I can use experience gained in my current job prior to my labor being filed. Is this correct or is he giving me the short end of the stick ? I would appreciate any help you can provide me.
Labor approved
Applying for I-140
Priorty date 10/2002
ROW
Thanks again
I have a question regarding filing the I-140 application. Can I use experience gained in my current job on my I-140 application. When my lawyer filed my application he stated that the applicant needed an undergrad degree and two years of work experience. I had two years worth of work experience in my current company when my application was filed with the department of labor.
My lawyer said that I can use experience gained in my current job prior to my labor being filed. Is this correct or is he giving me the short end of the stick ? I would appreciate any help you can provide me.
Labor approved
Applying for I-140
Priorty date 10/2002
ROW
Thanks again
roseball
07-27 12:43 AM
I am on 9th Year H1 extension and my H1 will expire in end of September 2009.My Labor got approved in 2007 So, I filed I140 and I-485 concurrently. But My I-140 got denied which filed with concurrent then Lawyer appealed as Motion to Reopen the I-140 which got denied and lawyer filed another I-140 as a brand new.
So there are 2 I-140's with the USCIS.
Recently I got intended to Deny like ability to pay query with the Second I-140 case, then lawyer answered the query and filed in premium this one got denied after a week.
Again, First I-140 which lawyer did Motion to Reopen this one also denied from the USCIS but the lawyer appealed this one.
Infact I recently travelled to india and came back on Advance Parole before all this denial happend.
Now, I filed my H1B extension , What will happen to the H1 extension ?
and What is my status now?
Can I tranfer my H1 and file the labor entirely new with the new company eventhough I am in the 9th year extension?
Any help would appreciate
Thanks
Reddy
Though you entered US on AP, since you are continuing working for the same employer on H1, you are still considered to be maintaining H1 status. Your H1 extension will probably get approved (assuming you submitted all supporting docs required for H1) for 1 yr based on your pending I-140 appeal. Your H1 extension will still be valid for its duration even if your appeal gets rejected after you get the H1 approval. So you can continue working for the same employer till H1 expires.
Regarding moving to a new employer and starting the GC process from scratch..You will have to find a new employer and transfer your H1 while your I-140 appeal is still in process. You will get the extension for 1 yr. Then you will have to get your PERM and I-140 approved before your H1 from the new employer expires, so you can get it extended for 3 yrs based on I-140 approval....You should consult an experienced attorney on your plan of action as time is critical for you..Good luck.
So there are 2 I-140's with the USCIS.
Recently I got intended to Deny like ability to pay query with the Second I-140 case, then lawyer answered the query and filed in premium this one got denied after a week.
Again, First I-140 which lawyer did Motion to Reopen this one also denied from the USCIS but the lawyer appealed this one.
Infact I recently travelled to india and came back on Advance Parole before all this denial happend.
Now, I filed my H1B extension , What will happen to the H1 extension ?
and What is my status now?
Can I tranfer my H1 and file the labor entirely new with the new company eventhough I am in the 9th year extension?
Any help would appreciate
Thanks
Reddy
Though you entered US on AP, since you are continuing working for the same employer on H1, you are still considered to be maintaining H1 status. Your H1 extension will probably get approved (assuming you submitted all supporting docs required for H1) for 1 yr based on your pending I-140 appeal. Your H1 extension will still be valid for its duration even if your appeal gets rejected after you get the H1 approval. So you can continue working for the same employer till H1 expires.
Regarding moving to a new employer and starting the GC process from scratch..You will have to find a new employer and transfer your H1 while your I-140 appeal is still in process. You will get the extension for 1 yr. Then you will have to get your PERM and I-140 approved before your H1 from the new employer expires, so you can get it extended for 3 yrs based on I-140 approval....You should consult an experienced attorney on your plan of action as time is critical for you..Good luck.
gcdreamer05
10-22 06:59 PM
I think this is what is happening in your cases,
If you efile for your AP and If your last fingerprinting was done 18 months before Then you will get Fingerprinting notice and you got to go n give new finger prints.
If you paper file, Whether or not your FP expired (18 months) you will never get finger printing notice. (unless your PD is current and they are adjudicating your case and sending a RFE).
Always better to paper file.
If you efile for your AP and If your last fingerprinting was done 18 months before Then you will get Fingerprinting notice and you got to go n give new finger prints.
If you paper file, Whether or not your FP expired (18 months) you will never get finger printing notice. (unless your PD is current and they are adjudicating your case and sending a RFE).
Always better to paper file.
sobers
03-27 11:20 AM
Talks about skilled immigration...
Kudos to IV for all their efforts!!
The Other Immigrants
March 27, 2006; Page A16
Lost in the heated debate about the future of millions of illegal laborers in the U.S. is that our system for admitting foreign-born professionals is also in tatters.
While globalization has increased the competition for international talent, U.S. businesses are frustrated by processing delays, long backlogs and especially the failure of Congress to increase the annual limits on visas for skilled immigrants. The Senate Judiciary Committee is scheduled to resume its mark-up of Arlen Specter's immigration bill today. And the good news is that it contains long-overdue provisions for hiring more of the foreign professionals who help keep our economy competitive.
Under Mr. Specter's proposal, the annual cap on H-1B guest worker visas for immigrants in specialty fields like science and engineering would rise to 115,000 from 65,000. Moreover, the new cap would not be fixed but would fluctuate automatically in response to demand for these visas. We don't think any cap is necessary. But if a Republican Congress feels it must impose one, the least it can do is let market forces have some say in the matter.
Another important reform addresses foreign students who want to work here after graduating from U.S. colleges and universities. It doesn't make a lot of sense in today's global marketplace to educate the best and brightest and then send them away to England or India or China to start businesses and develop new technologies for U.S. competitors. But that's exactly what current U.S. policy encourages by limiting the employment prospects of foreign students who would rather stay here.
Mr. Specter would let more foreign students become permanent residents by obtaining an advanced degree in math, engineering, technology or the physical sciences and then finding work in their field. It's unfortunate that the U.S. isn't producing more home-grown talent in these areas, and the fault there lies with our K-12 educators and their political backers who tolerate poor performance. The reality today is that the U.S. ranks sixth world-wide in the number of people graduating with bachelor's degrees in engineering. Jobs will leave the U.S. and our economy will suffer if bad policy limits industry's access to intellectual capital.
Anti-immigration groups and protectionists want to dismiss these market forces, arguing that U.S. employers seek foreign nationals only because they'll work for less money. But it's illegal to pay these high-skill immigrants less than the prevailing wage. And employers are required to document their adherence to the law.
According to a new study by the National Foundation for American Policy, our broken system for admitting foreign professionals also contributes to outsourcing. Since 1996 the 65,000 annual cap on H-1B visas has been reached in most years, sometimes only weeks into the new year. This leaves employers with the choice of waiting until the next fiscal year to hire workers in the U.S. or hiring people outside the country.
"Many companies concede," says the report, "that the uncertainty created by Congress' inability to provide a reliable mechanism to hire skilled professionals has encouraged placing more human resources outside the United States to avoid being subject to legislative winds." Last week computer maker Dell Inc. announced that it hopes to double its workforce in India to 20,000 within three years. There's another such announcement by some company nearly every day.
This weekend's big-city immigration demonstrations focused on the debate over the estimated 11 million illegals already in the country. But the U.S. labor market has also long been a magnet for highly skilled and educated foreigners, many of whom attend school in America at some time in their lives. In a world where these brains have more options than ever in Asia and Europe, we drive them away at our economic peril.
Kudos to IV for all their efforts!!
The Other Immigrants
March 27, 2006; Page A16
Lost in the heated debate about the future of millions of illegal laborers in the U.S. is that our system for admitting foreign-born professionals is also in tatters.
While globalization has increased the competition for international talent, U.S. businesses are frustrated by processing delays, long backlogs and especially the failure of Congress to increase the annual limits on visas for skilled immigrants. The Senate Judiciary Committee is scheduled to resume its mark-up of Arlen Specter's immigration bill today. And the good news is that it contains long-overdue provisions for hiring more of the foreign professionals who help keep our economy competitive.
Under Mr. Specter's proposal, the annual cap on H-1B guest worker visas for immigrants in specialty fields like science and engineering would rise to 115,000 from 65,000. Moreover, the new cap would not be fixed but would fluctuate automatically in response to demand for these visas. We don't think any cap is necessary. But if a Republican Congress feels it must impose one, the least it can do is let market forces have some say in the matter.
Another important reform addresses foreign students who want to work here after graduating from U.S. colleges and universities. It doesn't make a lot of sense in today's global marketplace to educate the best and brightest and then send them away to England or India or China to start businesses and develop new technologies for U.S. competitors. But that's exactly what current U.S. policy encourages by limiting the employment prospects of foreign students who would rather stay here.
Mr. Specter would let more foreign students become permanent residents by obtaining an advanced degree in math, engineering, technology or the physical sciences and then finding work in their field. It's unfortunate that the U.S. isn't producing more home-grown talent in these areas, and the fault there lies with our K-12 educators and their political backers who tolerate poor performance. The reality today is that the U.S. ranks sixth world-wide in the number of people graduating with bachelor's degrees in engineering. Jobs will leave the U.S. and our economy will suffer if bad policy limits industry's access to intellectual capital.
Anti-immigration groups and protectionists want to dismiss these market forces, arguing that U.S. employers seek foreign nationals only because they'll work for less money. But it's illegal to pay these high-skill immigrants less than the prevailing wage. And employers are required to document their adherence to the law.
According to a new study by the National Foundation for American Policy, our broken system for admitting foreign professionals also contributes to outsourcing. Since 1996 the 65,000 annual cap on H-1B visas has been reached in most years, sometimes only weeks into the new year. This leaves employers with the choice of waiting until the next fiscal year to hire workers in the U.S. or hiring people outside the country.
"Many companies concede," says the report, "that the uncertainty created by Congress' inability to provide a reliable mechanism to hire skilled professionals has encouraged placing more human resources outside the United States to avoid being subject to legislative winds." Last week computer maker Dell Inc. announced that it hopes to double its workforce in India to 20,000 within three years. There's another such announcement by some company nearly every day.
This weekend's big-city immigration demonstrations focused on the debate over the estimated 11 million illegals already in the country. But the U.S. labor market has also long been a magnet for highly skilled and educated foreigners, many of whom attend school in America at some time in their lives. In a world where these brains have more options than ever in Asia and Europe, we drive them away at our economic peril.
more...
thomachan72
09-07 11:30 AM
Do you have a valid AP?
If not, how is it possible to enter the country?
It seems to be a complicated situation. What status are you in now? Dont you have an AP/EAD? Is it expired? Please provide more details here and also if you obtain any legal advice post that here also so that others know.
If not, how is it possible to enter the country?
It seems to be a complicated situation. What status are you in now? Dont you have an AP/EAD? Is it expired? Please provide more details here and also if you obtain any legal advice post that here also so that others know.
kiran24
06-23 04:05 PM
If a person tests positive for TB and the chest X-Ray also shows signs of TB the USCIS doctor will send us to the county doctor's office. If they also determine positive result we wil have to start the medication.
1) So with the dates becoming current on July 01 2007 can a person apply for I-485 or wait till the medication is completed?
2) Also how long does the medication take?
Thanks
1) So with the dates becoming current on July 01 2007 can a person apply for I-485 or wait till the medication is completed?
2) Also how long does the medication take?
Thanks
more...
msp1976
05-19 04:34 PM
Any thoughs folks???
nefrateedi
07-16 05:12 PM
That could explain why NSC never got the memo. Remember only EB I-485 is in question.
That's incorrect. NSC does accept employment based I-485 applications.
That's incorrect. NSC does accept employment based I-485 applications.
more...
forgerator
03-06 01:16 AM
Sorry, unfortunately H1B is biased towards skilled labor. Your major unfortunately does not fall in that category as such. When I say skilled, I'm talking about the sciences, finance, law etc.
Your goal is noble but unfortunately there is no place for you as an employee in the United States on a work visa. You can always try to get married to a US citizen . Much easier path :)
Your goal is noble but unfortunately there is no place for you as an employee in the United States on a work visa. You can always try to get married to a US citizen . Much easier path :)
sayonara
07-18 04:03 PM
Does this mean Interim EAD option is not available any more? Was there a press release for this?
Thanks
1. Can we use AC21 provision without EAD card ?
Answer: Sure, you can. In fact, that is the advised approach. Do not fall back on EAD unless absolutely necessary.
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
Yes, If you wish to work on EAD then you need to have it by Jan 2008. Unless the interim EAD option is bought back, I doubt if any July filer will have an EAD by January 2008. I would suggest you be prepared to extend your H-1b.
3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?
Answer: Yes. You can do it yourself, but you will need evidence to show that a 485 has been applied.
:confused:
Thanks
1. Can we use AC21 provision without EAD card ?
Answer: Sure, you can. In fact, that is the advised approach. Do not fall back on EAD unless absolutely necessary.
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
Yes, If you wish to work on EAD then you need to have it by Jan 2008. Unless the interim EAD option is bought back, I doubt if any July filer will have an EAD by January 2008. I would suggest you be prepared to extend your H-1b.
3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?
Answer: Yes. You can do it yourself, but you will need evidence to show that a 485 has been applied.
:confused:
more...
sangarmool
10-09 01:09 PM
Anyone?
Thanks
Thanks
nogc_noproblem
06-27 01:47 PM
Just got �Card Production Ordered� LUD for EAD for both myself and my wife. Wish it could have happened on the next working day, which is Monday - June 30th, we could have got 2 year EAD, unlucky!!!
more...
phillyag
02-12 04:02 PM
My company is downsizing for sometime now...and I can be next.
In that case can I move to EAD in the given situation ( as above) ?
In that case can I move to EAD in the given situation ( as above) ?
eb3_nepa
07-18 11:13 AM
Ok then i volunteer to bump this thread :) Only problem is that still will not push thid topic way up.
There was a suggestion to send flowers to the core team, let us instead send donations. I am SURE that the core team needs contributions more than flowers.
Howzzat about the $5 contribution suggestion, with each contribution we lose some percentage as taxes and feees. I am not saying we contribute $10 EVERY month, but can the members not make a ONE TIME contribution of TEN DOLLARS?
There was a suggestion to send flowers to the core team, let us instead send donations. I am SURE that the core team needs contributions more than flowers.
Howzzat about the $5 contribution suggestion, with each contribution we lose some percentage as taxes and feees. I am not saying we contribute $10 EVERY month, but can the members not make a ONE TIME contribution of TEN DOLLARS?
more...
lermitthefrog
06-07 03:06 PM
TGG Team is a team that makes games. It stands for "that game guy", which is the nickname of the team leader. It has only started a few weeks ago. So far the team is just a forum, working on a story. I hope you will join the site later on.
bbct
04-16 11:21 AM
That really sucks.
They (USCIS) take ages to work on our case and when they request something they don't give enough time to respond and even ignore genuine hardship.
I pray sincerely things work out for you. Good luck!
bbct & vin13,
Thank you both for your replies! We are trying to figure out what to do.
She is travelling with our twins and my father. Seems like there is no way other than for her to do a flying visit or to prepone the trip for everybody.
Thanks,
GCisaDawg
They (USCIS) take ages to work on our case and when they request something they don't give enough time to respond and even ignore genuine hardship.
I pray sincerely things work out for you. Good luck!
bbct & vin13,
Thank you both for your replies! We are trying to figure out what to do.
She is travelling with our twins and my father. Seems like there is no way other than for her to do a flying visit or to prepone the trip for everybody.
Thanks,
GCisaDawg
more...
anilsal
10-12 11:59 AM
If you do not have a state chapter for IN, please start one. All the mid western chapters do collaborate.
istrategist
03-15 12:25 PM
Still hoping to hear back with some suggestions / pitfalls / things to be careful about.
Any help greatly appreciated - thanks!
Any help greatly appreciated - thanks!
indianabacklog
10-12 11:15 AM
Live in Carmel. Have been locked in this process for almost nine years.
Is there an active state group?
If so please send me a PM.
Is there an active state group?
If so please send me a PM.
martinvisalaw
07-28 07:13 PM
I doubt that. Returning after a long period on AP would sure make the POE officer grill that person, as AP is supposed to be used in case of emergencies and humanitarin grounds. I was grilled at IAD on return after 30 days and the POE officer asked me to present documentary evidence of the emergency to travel outside US.
You got a very difficult officer. In practice, people travel on AP for many reasons, most of them not for an emergency. It's a shame the officer you got grilled you like that.
You got a very difficult officer. In practice, people travel on AP for many reasons, most of them not for an emergency. It's a shame the officer you got grilled you like that.
thomachan72
11-30 12:10 PM
I have a passport expiry and new visa stamping conflict. My last visa stamping expired on Oct 01, 2009. And my current (Indian)passport expiration date is July 04, 2011. Also, my H1b approval is under the transfer process (so I don't have the new I-797 as yet). I'm planning to travel to India sometime in January, expecting the new H1b approval soon now.
Should i get my passport renewed here before leaving for India ? I believe you can renew one year in advance of pasport expiry date either here or in IndiaI'm worried if they will give me a new passport valid only for a year as a note on the website says "A passport is also issued for one year in cases of expiry of valid U.S. residence visa. In such cases, applicants have to apply for extension of validity as soon as valid U.S. Residence visa is approved. There is no fee for extension of validity of passport."
Since my last visa stamping has expired and I will soon have a new H1B, if i go for a new visa stamping, will I be given a visa with validity until my passport expiry ? Or, I can get my passport renewed in India and then go for the stamping? you will be given visa for the duration you are eligible for and not based on the pasport expiry date, however, when renetering your I-94 could be limited to the pasport expiry date even though visa is of longer duration. So ideally you would get pasport extended here and then go for the stampingI'm afraid I may not have enough days to squeeze in both when I visit. Or, if i get my passport renewed here, are they going to give me a new passport only valid for a year since I don't have any valid visa stamping but a valid I797? Dont understand why you would be given a one year passport?? Never heard about that but others might help out with that information
Please advise.
Thank you.
Best
Should i get my passport renewed here before leaving for India ? I believe you can renew one year in advance of pasport expiry date either here or in IndiaI'm worried if they will give me a new passport valid only for a year as a note on the website says "A passport is also issued for one year in cases of expiry of valid U.S. residence visa. In such cases, applicants have to apply for extension of validity as soon as valid U.S. Residence visa is approved. There is no fee for extension of validity of passport."
Since my last visa stamping has expired and I will soon have a new H1B, if i go for a new visa stamping, will I be given a visa with validity until my passport expiry ? Or, I can get my passport renewed in India and then go for the stamping? you will be given visa for the duration you are eligible for and not based on the pasport expiry date, however, when renetering your I-94 could be limited to the pasport expiry date even though visa is of longer duration. So ideally you would get pasport extended here and then go for the stampingI'm afraid I may not have enough days to squeeze in both when I visit. Or, if i get my passport renewed here, are they going to give me a new passport only valid for a year since I don't have any valid visa stamping but a valid I797? Dont understand why you would be given a one year passport?? Never heard about that but others might help out with that information
Please advise.
Thank you.
Best
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