DSLStart
09-30 02:44 PM
I gave my 3rd FP for pending 485 last week. Haven't seen any LUD change since. My NC was cleared last year as per USCIS. My question is after every FP, does FBI initiate a new name check? is this a vicious circle ?
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txuser
03-11 09:39 AM
For me, it took around 1.5 months to receive the L2 approval notice. I filed online on 11/17/2009, mailed the hard copies of the documents (USPS Priority with delivery confirmation) the same day and received the L2 approval notice on 01/08/2010.
You can do a concurrent filing for EAD (I-765) along with L2 (I-539). You'd probably receive the EAD in another month (Generally it takes around 2 to 3 months).
I did the mistake of not filing for EAD concurrently. I filed for EAD the second week of Jan (after receiving the L2 approval notice), Received the notice for Biometrics appointment in 3 days, scheduled for mid-February. Unfortunately, the ASC Office was closed that day due to bad weather and I received a re-scheduled biometrics appointment for the 3rd week of March. So, I am yet to do the biometrics and hopefully I'd get the card 2-3 weeks after the biometrics is done if there are no more surprises.
You can do a concurrent filing for EAD (I-765) along with L2 (I-539). You'd probably receive the EAD in another month (Generally it takes around 2 to 3 months).
I did the mistake of not filing for EAD concurrently. I filed for EAD the second week of Jan (after receiving the L2 approval notice), Received the notice for Biometrics appointment in 3 days, scheduled for mid-February. Unfortunately, the ASC Office was closed that day due to bad weather and I received a re-scheduled biometrics appointment for the 3rd week of March. So, I am yet to do the biometrics and hopefully I'd get the card 2-3 weeks after the biometrics is done if there are no more surprises.
rockstart
04-17 03:32 PM
Quick question you said they asked you to submit your legal status papers since 1999 which was when you went out of country? I have 2 questions
1) Since when have you been in US, rather first time when did you come to US
2) Did you never leave US after 1999. This is because the status really matters only since your last arrival on visa. Earlier records do not matter as per 245(k) memo. This question will help other forum members who have some kind of status violation
your responses will be appreciated.
1) Since when have you been in US, rather first time when did you come to US
2) Did you never leave US after 1999. This is because the status really matters only since your last arrival on visa. Earlier records do not matter as per 245(k) memo. This question will help other forum members who have some kind of status violation
your responses will be appreciated.
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needhelp!
11-06 06:52 PM
brij523.. Taking time out for IV even though you have your GC
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skothuru
07-17 05:00 PM
I think we can still file till July 31st as per July Visa Bulletin (released on June 12)
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This is AWESOME!!!!!
SherazKhan
11-16 08:19 PM
Hi Mena,
I have the same status online, except date is Nov14, did you recieved any mail so far, if yes can you please tell what is that USCIS is looking for.
Thanks.
I have the same status online, except date is Nov14, did you recieved any mail so far, if yes can you please tell what is that USCIS is looking for.
Thanks.
more...
ruchigup
08-15 12:42 PM
I am sorry to hear that....
This below ruling doesn't apply in virginia but this might give you some pointers to fight in case your employer sues you.
http://arstechnica.com/news.ars/post/20080808-california-supreme-court-strikes-down-noncompete-clauses.html
This below ruling doesn't apply in virginia but this might give you some pointers to fight in case your employer sues you.
http://arstechnica.com/news.ars/post/20080808-california-supreme-court-strikes-down-noncompete-clauses.html
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koti
10-29 10:30 AM
Few facts that you need to get clear.
1) EB2 / EB3 is not based solely on your education/ experience. It depends on job requirements. If you have MS + 10 Yrs exp but the job is say Level 2 Data Analyst (SQL Developer) then it will not qualify for EB2.
2) You can file GC with same employer if he has a opening that requires MS qualification. You need to have qualification before labor is filed it does not matter if you get it while you were employed. This position should be different from your existing job.
If your employer has a job opening for which he cannot hire a citizen / GC holder then you guys can talk to immigration attorney to see if they can file a new labor for you.
**************
Thanks for the info. Really helpful.
Koti
1) EB2 / EB3 is not based solely on your education/ experience. It depends on job requirements. If you have MS + 10 Yrs exp but the job is say Level 2 Data Analyst (SQL Developer) then it will not qualify for EB2.
2) You can file GC with same employer if he has a opening that requires MS qualification. You need to have qualification before labor is filed it does not matter if you get it while you were employed. This position should be different from your existing job.
If your employer has a job opening for which he cannot hire a citizen / GC holder then you guys can talk to immigration attorney to see if they can file a new labor for you.
**************
Thanks for the info. Really helpful.
Koti
more...
sanjay
02-23 10:35 PM
As far as I know, there is no "filing of AC21 with an attorney". Please be more specific as this is not clear.
AC21 is something on basis of which you can change employer. If you get an RFE than you simply have to prove that you used AC21 to change employer. That's it.
Some people proactively send a letter to USCIS informing that they are using/have used AC21 to change their employer. But based on various attorneys feedback, opinion is that USCIS does not really use that letter for anything if sent proactively just to inform USCIS that you are using AC21.
I took a new job and transferred my H1B with new employer. But my GC process is with the same old employer and his attorney. Do I now have to file AC21 ? I changed my job with new responsibilities.
AC21 is something on basis of which you can change employer. If you get an RFE than you simply have to prove that you used AC21 to change employer. That's it.
Some people proactively send a letter to USCIS informing that they are using/have used AC21 to change their employer. But based on various attorneys feedback, opinion is that USCIS does not really use that letter for anything if sent proactively just to inform USCIS that you are using AC21.
I took a new job and transferred my H1B with new employer. But my GC process is with the same old employer and his attorney. Do I now have to file AC21 ? I changed my job with new responsibilities.
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Can2004
03-14 10:54 AM
Hi everyone,
I have a related question. I am a canadian citizen now and am still maintaining an H1b. My H1b stamp had expired in 2007 though.
I had applied for AP in january but its still pending at NSC.
Now I have to go to India for my brother's marriage.
My question to you all is-Since I am still on H1B (and If am not wrong, canadian citizens do not require H1B stamps)-- will it be ok if I travel without an AP.
Thanks
I have a related question. I am a canadian citizen now and am still maintaining an H1b. My H1b stamp had expired in 2007 though.
I had applied for AP in january but its still pending at NSC.
Now I have to go to India for my brother's marriage.
My question to you all is-Since I am still on H1B (and If am not wrong, canadian citizens do not require H1B stamps)-- will it be ok if I travel without an AP.
Thanks
more...
pmat
07-17 09:54 AM
This case is complicated as your I485 is already approved. If you refile your wife's I485, it might get rejected.
I would suggest you to not rely on forums and get an expert lawyer's help ASAP. It will be worth it.
I have to apply for my wife as my derivative of 485. My 485 was approved on July 8th 2010. Below is the timeline
July 1st - Applied Wife's 485
July 8th - My 485 was approved
July 13th - Wife's 485 Denied due to outdated forms
July 14th - My H1, Wife's H4 and I-94 Expired
July 19th - Planning on sending a new 485 application for spouse
I'm mainly concerned about two things
1. Is she out of status for 5 days from July 14th to 19th
2. Can I still apply her as a derivative, as my 485 is already approved.
Thank you,
I would suggest you to not rely on forums and get an expert lawyer's help ASAP. It will be worth it.
I have to apply for my wife as my derivative of 485. My 485 was approved on July 8th 2010. Below is the timeline
July 1st - Applied Wife's 485
July 8th - My 485 was approved
July 13th - Wife's 485 Denied due to outdated forms
July 14th - My H1, Wife's H4 and I-94 Expired
July 19th - Planning on sending a new 485 application for spouse
I'm mainly concerned about two things
1. Is she out of status for 5 days from July 14th to 19th
2. Can I still apply her as a derivative, as my 485 is already approved.
Thank you,
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mali03
05-25 07:50 AM
Fax sent!
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franklin
06-06 05:30 PM
Are these all the ppl who voted out of 10k members
/\ /\
Mainly because a different poll was started before, that only included India and no other countries. I imagine people didn't want to vote in 2 polls.
/\ /\
Mainly because a different poll was started before, that only included India and no other countries. I imagine people didn't want to vote in 2 polls.
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perm2gc
01-08 03:28 PM
Hello,
My brother-in-law and sister are both Indian Doctors, having a private practice in INDIA. They would like to apply for visitor's visa.
Any suggestion about the problems they may encounter? Do they have to go on two differrent dates for getting the visa stampped at Chennai?
Thanks in Advance,
The chances to get visa is 1% as they know why they come here even though you say that they come here for visiting.The documentation is same as for B2 visa.
My brother-in-law and sister are both Indian Doctors, having a private practice in INDIA. They would like to apply for visitor's visa.
Any suggestion about the problems they may encounter? Do they have to go on two differrent dates for getting the visa stampped at Chennai?
Thanks in Advance,
The chances to get visa is 1% as they know why they come here even though you say that they come here for visiting.The documentation is same as for B2 visa.
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gcdreamer05
08-04 10:49 AM
How about some green dots guys for sharing such a inspirational story...
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Good Story will really be given a green, here you go green from me !!!!
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Ramba
10-24 11:49 AM
Ok Guru's I am in an awkward situation. My GC got approved some time in Aug 2008. But before the approval of my GC my wife in india applied for H4 visa based on my H1b. The consulate approved her H4 and stamped it on her passport last month. Even though I am on GC now. i have files I-824 for her Follow to Join.
Now the question I have is.
1- Can she travel to US on that H4 (the visa stamp is valid till 2010)?
2- If the CBP agents at the aiport let her in the country can I file for her I-485 and have her wait here on AOS?
Let me know what you guys think. On mountain crossed and still more hills keep coming.
Talk to lawyer. My feeling is that if she had H4 status before leaving US and just got a renewal, she can come on H4 visa though your GC is approved when renewal is pending. However she should have applied the renewal before your GC is approved. Also, filing 485 may not cause any issue.
Now the question I have is.
1- Can she travel to US on that H4 (the visa stamp is valid till 2010)?
2- If the CBP agents at the aiport let her in the country can I file for her I-485 and have her wait here on AOS?
Let me know what you guys think. On mountain crossed and still more hills keep coming.
Talk to lawyer. My feeling is that if she had H4 status before leaving US and just got a renewal, she can come on H4 visa though your GC is approved when renewal is pending. However she should have applied the renewal before your GC is approved. Also, filing 485 may not cause any issue.
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americandesi
05-19 09:19 AM
According to murthy, several of these cases were tied to companies that are under fraud investigations
MurthyDotCom : Newark Airport - Analysis & Potential Options for H1Bs Entering U.S. (http://www.murthy.com/news/n_newark.html)
MurthyDotCom : Newark Airport - Analysis & Potential Options for H1Bs Entering U.S. (http://www.murthy.com/news/n_newark.html)
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fearonlygod
10-04 01:08 AM
hmmm....cannot say in my case i had all the paystubs for the months before i resigned...it was only i left i didnt got the 2 paystubs though for 1 salary was paid and even bank statement is reflecting that and my employer confirmed by sending a mail......
It is a serious breach of not giving paystub bit kind of chicken egg problem becoz if u complain ot DOL tey ara for certin going to tear him off but he has liberty of cancelling you r visa.....
I know a ldy who was harrases in this manner , she wrote to DOL...and action was very promt.....and after few months she left those guys....
I hope this helps.......
It is a serious breach of not giving paystub bit kind of chicken egg problem becoz if u complain ot DOL tey ara for certin going to tear him off but he has liberty of cancelling you r visa.....
I know a ldy who was harrases in this manner , she wrote to DOL...and action was very promt.....and after few months she left those guys....
I hope this helps.......
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sayantan76
11-06 03:37 PM
AMERICAblog News: ThinkProgress: GOP entering class is a bit nutty (http://www.americablog.com/2010/11/thinkprogress-gop-entering-class-is-bit.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed:+Americablog+(AMERICAblog))
Here is a snapshot of the GOP Class of 2010�s extremism:
ENVIRONMENT
- 50% deny the existence of manmade climate change
- 86% are opposed to any climate change legislation that increases government revenue
IMMIGRATION
- 39% have already declared their intention to end the 14th Amendment�s guarantee of birthright citizenship
- 32% want to reduce legal immigration
TAXES/SPENDING
- 91% have sworn to never allow an income tax increase on any individual or business � regardless of deficits or war
- 79% have pledged to permanently repeal the estate tax
- 48% are pushing for a balanced budget amendment
i have no particular affinity for either democrats or republicans (and since i cannot vote - dont care much either) - but not everything in this list is bad......
1. almost no other country has an unqualified birth-right on citizenship........so, if americans at some point want this changed - this is well within their rights.......however, constitution amendment process is so complex in this country ( i believe all states have to ratify or something like that) - it is near impossible.
2. balanced budget is not a bad idea - deficit financing ad infinitum does not make much sense
3. most of us dont like tax hikes - so if GOP folks agree with that view - whats wrong with that?
4. Estate Tax is just the Govt's way of destroying individual wealth even after death - repealing it is actually a fairly good idea.
the unfortunate reality is that both parties have some good ideas and some nutty ideas and the pity is we cannot choose what we like best from each - the set of beliefs is a like a package deal - you get the good with the bad.........
Here is a snapshot of the GOP Class of 2010�s extremism:
ENVIRONMENT
- 50% deny the existence of manmade climate change
- 86% are opposed to any climate change legislation that increases government revenue
IMMIGRATION
- 39% have already declared their intention to end the 14th Amendment�s guarantee of birthright citizenship
- 32% want to reduce legal immigration
TAXES/SPENDING
- 91% have sworn to never allow an income tax increase on any individual or business � regardless of deficits or war
- 79% have pledged to permanently repeal the estate tax
- 48% are pushing for a balanced budget amendment
i have no particular affinity for either democrats or republicans (and since i cannot vote - dont care much either) - but not everything in this list is bad......
1. almost no other country has an unqualified birth-right on citizenship........so, if americans at some point want this changed - this is well within their rights.......however, constitution amendment process is so complex in this country ( i believe all states have to ratify or something like that) - it is near impossible.
2. balanced budget is not a bad idea - deficit financing ad infinitum does not make much sense
3. most of us dont like tax hikes - so if GOP folks agree with that view - whats wrong with that?
4. Estate Tax is just the Govt's way of destroying individual wealth even after death - repealing it is actually a fairly good idea.
the unfortunate reality is that both parties have some good ideas and some nutty ideas and the pity is we cannot choose what we like best from each - the set of beliefs is a like a package deal - you get the good with the bad.........
nifedge
04-23 10:01 AM
Hello!
I am in a similar situation. My Passport expires on June 16th 2009, so I got a I-94 that a D/S Date of June 15th 2009. My H1B and I-797 is valid till Oct 22 2009. My Employer contacted me last week saying that my work status expires on June 15th and I need to show new work status to continue working.
As per my attorney, the date on the latest I-94 is THE most important date which dictates how long you can be legally employed as a non-immigrant, it is NOT the date on H1B stamp or I-797 (I-94 date is always equal or earlier than the date on I-797).
So, I am lucky to have EAD through my wife's GC application and I am being forced to switch status to EAD. Since my wife and I work for the same company, I am very worried switching to EAD as there are layoffs imminent in my wife's department, which poses risk to her and me too (if I am on EAD).
One line answer: Your wife should switch to EAD right before her I-94 expires.
My obvious advice is to consult a lawyer.
Anyone on the forum, if you think what I said is wrong, please correct me.
I am in a similar situation. My Passport expires on June 16th 2009, so I got a I-94 that a D/S Date of June 15th 2009. My H1B and I-797 is valid till Oct 22 2009. My Employer contacted me last week saying that my work status expires on June 15th and I need to show new work status to continue working.
As per my attorney, the date on the latest I-94 is THE most important date which dictates how long you can be legally employed as a non-immigrant, it is NOT the date on H1B stamp or I-797 (I-94 date is always equal or earlier than the date on I-797).
So, I am lucky to have EAD through my wife's GC application and I am being forced to switch status to EAD. Since my wife and I work for the same company, I am very worried switching to EAD as there are layoffs imminent in my wife's department, which poses risk to her and me too (if I am on EAD).
One line answer: Your wife should switch to EAD right before her I-94 expires.
My obvious advice is to consult a lawyer.
Anyone on the forum, if you think what I said is wrong, please correct me.
nsb
07-17 04:52 PM
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
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