Matloob
08-30 02:28 PM
Please help me out here.
I filed I-140 in EB2 category on September 30, 2005 at Vermont service center. I also filed I-1485 concurrently with I-140 and fingerprinted in December 2005. My I-140 was approved in June 2006. But I-1485 is still pending due to retrogression/non-availability of visa numbers to Indian nationals in EB2 category.
To avoid the retrogression in EB2 category I filed another I-140 in EB1 (since visa number is available in this category for Indian nationals) on May 1, 2006 at Texas service center (due to bi-specialization). This I-140 was approved in August 2006.
I have following questions regarding my case:
1) Can I use the I-485, which was concurrently filed with EB2 I-140 and link it with EB1 I-140.
a. If yes, where do I file my request since I-485 is pending in Vermont and EB1 I-140 is approved by Texas?
b. If no, is there any other alternative to use the EB1 I-140 priority dates?
Thanks!
Mat
I filed I-140 in EB2 category on September 30, 2005 at Vermont service center. I also filed I-1485 concurrently with I-140 and fingerprinted in December 2005. My I-140 was approved in June 2006. But I-1485 is still pending due to retrogression/non-availability of visa numbers to Indian nationals in EB2 category.
To avoid the retrogression in EB2 category I filed another I-140 in EB1 (since visa number is available in this category for Indian nationals) on May 1, 2006 at Texas service center (due to bi-specialization). This I-140 was approved in August 2006.
I have following questions regarding my case:
1) Can I use the I-485, which was concurrently filed with EB2 I-140 and link it with EB1 I-140.
a. If yes, where do I file my request since I-485 is pending in Vermont and EB1 I-140 is approved by Texas?
b. If no, is there any other alternative to use the EB1 I-140 priority dates?
Thanks!
Mat
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purgan
10-06 10:41 PM
There is a story in the Oct 6 Wall Street Journal on high skilled immigration reform. If anyone has a subscription to that, pl. post for the benefit of members...
OpinionJournal's Political Diary
Who leaked the Foley emails and why?; industries seeking more high-skill immigrants pin their hopes on Congress's lame duck session; new film debunks the hypocrisy of anti-development greenies. (Click to Subscribe)
2:30 p.m. EDT
http://www.opinionjournal.com/
=======
Seperately, the Economist has a 15-page report on the "Global Hunt for Talent". It specifically highlights how restrictive immigration quotas for skilled workers are hurting US competitiveness and how other western nations are racheting up their efforts to lure skilled foreigners.
http://www.economist.com/surveys/displaystory.cfm?story_id=7961938
Here are some excerpts
Most governments are easing restrictions on the entry of skilled workers. Some are going further and offering incentives. Germany has made it easier for skilled workers to get visas. Britain has offered more work permits for skilled migrants. France has introduced a “scientist visa”. Many countries are making it easier for foreign students to stay on after graduating. Canada and Australia have not only tilted their long-established points systems further towards the skilled, they have also introduced more incentives. Australia and New Zealand have created a ladder leading from universities to the workforce and then to permanent residence.
Two economists, Fr�d�ric Docquier and Hillel Rapoport, estimate that average emigration rates worldwide are 0.9% for the low-skilled, 1.6% for the medium-skilled and 5.5% for the high-skilled. These rates have been accelerating far faster for the high-skilled group than for the rest. Skilled immigrants accounted for more than half of all admissions in Australia, Canada and New Zealand in 2001. The global war for talent is likely to intensify. Most developed countries are already struggling to find enough doctors and teachers, and are wondering how they will manage when the baby-boomer generation retires. Developing countries, for their part, realise that they will not be able to plug into the global knowledge economy unless they give their people the freedom to move around.
http://www.economist.com/surveys/displayStory.cfm?story_id=7961894
OpinionJournal's Political Diary
Who leaked the Foley emails and why?; industries seeking more high-skill immigrants pin their hopes on Congress's lame duck session; new film debunks the hypocrisy of anti-development greenies. (Click to Subscribe)
2:30 p.m. EDT
http://www.opinionjournal.com/
=======
Seperately, the Economist has a 15-page report on the "Global Hunt for Talent". It specifically highlights how restrictive immigration quotas for skilled workers are hurting US competitiveness and how other western nations are racheting up their efforts to lure skilled foreigners.
http://www.economist.com/surveys/displaystory.cfm?story_id=7961938
Here are some excerpts
Most governments are easing restrictions on the entry of skilled workers. Some are going further and offering incentives. Germany has made it easier for skilled workers to get visas. Britain has offered more work permits for skilled migrants. France has introduced a “scientist visa”. Many countries are making it easier for foreign students to stay on after graduating. Canada and Australia have not only tilted their long-established points systems further towards the skilled, they have also introduced more incentives. Australia and New Zealand have created a ladder leading from universities to the workforce and then to permanent residence.
Two economists, Fr�d�ric Docquier and Hillel Rapoport, estimate that average emigration rates worldwide are 0.9% for the low-skilled, 1.6% for the medium-skilled and 5.5% for the high-skilled. These rates have been accelerating far faster for the high-skilled group than for the rest. Skilled immigrants accounted for more than half of all admissions in Australia, Canada and New Zealand in 2001. The global war for talent is likely to intensify. Most developed countries are already struggling to find enough doctors and teachers, and are wondering how they will manage when the baby-boomer generation retires. Developing countries, for their part, realise that they will not be able to plug into the global knowledge economy unless they give their people the freedom to move around.
http://www.economist.com/surveys/displayStory.cfm?story_id=7961894
vadik78
05-24 10:06 PM
with experience you gain not only technical skills required to do your job, but also you gain project management experience. To be successfull in consulting world, you need to have strong project management skills and people management skills that come with experience... At least that's what I see in my company - one of the "big- four" firms (accounting, assurance and advisory services). Hope that helps
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sprasad
07-26 02:43 PM
Hello
I came to us on h4 visa . after comming here i joined a university and applied for change of status to f1 and it is approved. I am planning a trip to india. do i need to go to indian consulate for f1 visa? if i have to go wat r the chances of rejecting f1 visa? if my f1 visa gets rejected can i come back on h4 visa? is my h4 visa valid? or do i need to apply for h4 visa again? and if i apply wat r the chances of approval ? please help me i am in a tough situation. please i need ur advise. thank u :)
I came to us on h4 visa . after comming here i joined a university and applied for change of status to f1 and it is approved. I am planning a trip to india. do i need to go to indian consulate for f1 visa? if i have to go wat r the chances of rejecting f1 visa? if my f1 visa gets rejected can i come back on h4 visa? is my h4 visa valid? or do i need to apply for h4 visa again? and if i apply wat r the chances of approval ? please help me i am in a tough situation. please i need ur advise. thank u :)
more...
rkdnc9
03-27 11:39 AM
Thank you pal. Is it safe for her to apply for H4 while in India? or is better she apply after coming here? She wants to apply for H4 after coming to usa.
MannyD
10-02 12:52 PM
I don't see any relevance of this Bill to our cause. What's the point in posting this here? Or am I missing something?
Congress Passes Border Fence Bill
from: http://www.numbersusa.com/index
Amnesty/Guestworker Programs Denied Before the Election
(September 30): Late Friday evening, the Senate passed H.R. 6061, the Secure Fence Act, by a 80-19 vote. The House had previously passed H.R. 6061 by a vote of 283-138-1 on September 14. It will now go to the President for signature. No further immigration-related action is expected in either chamber prior to the election.
This is a great victory, but much more needs to be accomplished. When Congress begins its post-election session on November 13, the push will begin again to pass additional enforcement measures, such as mandatory workplace employment verification and mandatory federal cooperation with state/local law enforcement, and to prevent amnesty and temporary worker programs from being revived.
Congress Passes Border Fence Bill
from: http://www.numbersusa.com/index
Amnesty/Guestworker Programs Denied Before the Election
(September 30): Late Friday evening, the Senate passed H.R. 6061, the Secure Fence Act, by a 80-19 vote. The House had previously passed H.R. 6061 by a vote of 283-138-1 on September 14. It will now go to the President for signature. No further immigration-related action is expected in either chamber prior to the election.
This is a great victory, but much more needs to be accomplished. When Congress begins its post-election session on November 13, the push will begin again to pass additional enforcement measures, such as mandatory workplace employment verification and mandatory federal cooperation with state/local law enforcement, and to prevent amnesty and temporary worker programs from being revived.
more...
humsuplou
03-09 07:07 PM
Anyone who has succefully self filed for an Advanced Parole who can help me on this question?
What is the answer you put to answer the question:
"On a seperate sheet of papaer, please explain how you qualify for an advance parole and what circumstansces warrant issuance of advance parole. include copies of any documents you wish considered. "
Thank you.
What is the answer you put to answer the question:
"On a seperate sheet of papaer, please explain how you qualify for an advance parole and what circumstansces warrant issuance of advance parole. include copies of any documents you wish considered. "
Thank you.
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BMS1
11-08 12:24 PM
Do you mean RFE (request for Evidence) by "Query on H-1 Transfer " ? This happens all the time with any benefit application. You need to explain what that query is? If company C will respond to it by providing the evidence USCIS wants, things will take care of themselves.
Yes can still go ahead and transfer to D only if you are sure the query will be addressed by company C and the approval for H1-B transfer is 100% certain. Normally it may be a good idea to wait for the approval.
Yes can still go ahead and transfer to D only if you are sure the query will be addressed by company C and the approval for H1-B transfer is 100% certain. Normally it may be a good idea to wait for the approval.
more...
waiting for GC2010
11-18 12:01 PM
is it? I am not aware of this.Anyways thankyou fide_champ.
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RNANDIGAM1
01-15 08:55 PM
I strongly support filing I-485 without the priority date restriction.
I am not sure what is best on the long term basis. Where can INS decrease the processsing time with the existing format. What type of techniques or methods can change the existing GC processing format so the time required for a petetion to go through decreases significantly?
I am not sure what is best on the long term basis. Where can INS decrease the processsing time with the existing format. What type of techniques or methods can change the existing GC processing format so the time required for a petetion to go through decreases significantly?
more...
continuedProgress
12-27 11:17 AM
- what documentation is required to be submitted to the USCIS about the new job.
Employment letter along with AC21 letter.
- What kind of documentation is required from the employer vs myself
All you need from employer is employment letter.
- When/how soon has this documentation is to be submitted
I am not aware of any deadlines.
- When do i need to apply for my renewal of my EAD card
- What documentation is required to be submitted for the EAD renewal from employer vs myself
Check 765 application form instructions on uscis.gov for both above.
- Is it advisable to employ the services of an attorney if we run into issues.
Sure, based on your questions above - an attorney may be useful to you. They can tell you what docs you need, where to get those from and to apply for renewals.
- I worked on similar job for very short stints in between, but it was for a few weeks, does it endanger my case in anyway.
Based on what you have told so far, doesn't seem like those endanger anything.
Employment letter along with AC21 letter.
- What kind of documentation is required from the employer vs myself
All you need from employer is employment letter.
- When/how soon has this documentation is to be submitted
I am not aware of any deadlines.
- When do i need to apply for my renewal of my EAD card
- What documentation is required to be submitted for the EAD renewal from employer vs myself
Check 765 application form instructions on uscis.gov for both above.
- Is it advisable to employ the services of an attorney if we run into issues.
Sure, based on your questions above - an attorney may be useful to you. They can tell you what docs you need, where to get those from and to apply for renewals.
- I worked on similar job for very short stints in between, but it was for a few weeks, does it endanger my case in anyway.
Based on what you have told so far, doesn't seem like those endanger anything.
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ssdtm
12-13 06:49 PM
To be 100% safe, wait for EAD.
But there are many threads where folks have given their inputs per consultation from their lawyers and have mentioned that EAD "part time" does not invalidate your regular H1 as long as you have continued with your regular H1 employment. Your case is in a grey area.
But there are many threads where folks have given their inputs per consultation from their lawyers and have mentioned that EAD "part time" does not invalidate your regular H1 as long as you have continued with your regular H1 employment. Your case is in a grey area.
more...
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GCHope2011
11-04 11:16 PM
Hi All,
I sent h1b extension application to california center on june 22nd and my application is still not approved. My current visa was valid until July 30th. I need to travel to India on Dec 10th due to urgent reasons . Please suggest what should I do
1. Can I travel while my extension is pending?
2. Can I raise a service request to speed up the processing?
2. or Upgrading to PP is the only option?
I do have EAD and advance parole through my husband's GC application. If I use parole for travel what happens to my H1b visa and GC application filed through my employer. My visa will still be valid or not?
Please help...
Thanks in advance
Ritu
Answers:
1. There is nothing/ no one who can stop you from travelling if you want. The question to worry about is can you come back ;) (I know it is a smart alec answer, but couldn't resist it - and that is indeed the bottom line).
2. SR to speed up processing might not be of much help
3. PP will certainly make it time bound - however, even in case of PP, they can send the application for administrative process, which can still take more than the time you have
Now, what happens in case you travel while the application is still pending? Your application for extension will be considered abandoned, and for re-entry, you will necessarily need to use AP. And since your extension is considered abandoned, you will necessarily need to use EAD to work, even for your current employer (that had filed the extension).
Hope it helps.
I sent h1b extension application to california center on june 22nd and my application is still not approved. My current visa was valid until July 30th. I need to travel to India on Dec 10th due to urgent reasons . Please suggest what should I do
1. Can I travel while my extension is pending?
2. Can I raise a service request to speed up the processing?
2. or Upgrading to PP is the only option?
I do have EAD and advance parole through my husband's GC application. If I use parole for travel what happens to my H1b visa and GC application filed through my employer. My visa will still be valid or not?
Please help...
Thanks in advance
Ritu
Answers:
1. There is nothing/ no one who can stop you from travelling if you want. The question to worry about is can you come back ;) (I know it is a smart alec answer, but couldn't resist it - and that is indeed the bottom line).
2. SR to speed up processing might not be of much help
3. PP will certainly make it time bound - however, even in case of PP, they can send the application for administrative process, which can still take more than the time you have
Now, what happens in case you travel while the application is still pending? Your application for extension will be considered abandoned, and for re-entry, you will necessarily need to use AP. And since your extension is considered abandoned, you will necessarily need to use EAD to work, even for your current employer (that had filed the extension).
Hope it helps.
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sravani
05-16 09:48 PM
It's about time the govt decided to question H1B visa hogging companies.
Let's hope some thing good comes out of this grilling
Let's hope some thing good comes out of this grilling
more...
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gc_in_30_yrs
02-28 03:25 PM
The easiest solution would be going to MataMoros, Mexico for stamping. This is the best option for us. Easy, affordable, and takes only 1 day. India, you need to answer several questions, interview to be attended, and ofcourse, they treat everybody as though the person requesting for visa is a criminal.
I went to mexico couple of days back, and it was done easily
I went to mexico couple of days back, and it was done easily
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intheyan
01-27 10:42 PM
Dear Attorney,
I greatly appreciate your time in reading my question and will be happy I get a reply. I am an derivative applicant with I-485. I have my EAD till Mid of August 2010 and my AP expired on November 2009. I read from forums that AP is not need if we are not going to travel out of USA. Even my friends said the same, so I did not renew my AP so far. Will an expired AP invalidated my status when I am staying in USA and not planing to travel within next 8 months?
Since I am on my 1-485 status and my husband got Green card I believe that I am in status. But just wanted to confirm again for assurance and for piece of mind. Any way I am planing to apply for AP in next few weeks.
I greatly appreciate your time in reading my question and will be happy I get a reply. I am an derivative applicant with I-485. I have my EAD till Mid of August 2010 and my AP expired on November 2009. I read from forums that AP is not need if we are not going to travel out of USA. Even my friends said the same, so I did not renew my AP so far. Will an expired AP invalidated my status when I am staying in USA and not planing to travel within next 8 months?
Since I am on my 1-485 status and my husband got Green card I believe that I am in status. But just wanted to confirm again for assurance and for piece of mind. Any way I am planing to apply for AP in next few weeks.
more...
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ajju
09-24 07:38 PM
I believe its a good idea to wait for the RFE since that would be the right way to go about this.
When USCIS issued FAQ that they'll accept the applications without medical forms.. they did replied to it.. Check for USCIS FAQ # 1 (http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf)
Q13: Can applications be filed without a required medical examination report?
A13. Yes. Consistent with its current regulations and practice, USCIS will accept adjustment of applications filed pursuant to Visa Bulletin No. 107 without a completed medical examination. In such cases, USCIS will issue a request for evidence.
When USCIS issued FAQ that they'll accept the applications without medical forms.. they did replied to it.. Check for USCIS FAQ # 1 (http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf)
Q13: Can applications be filed without a required medical examination report?
A13. Yes. Consistent with its current regulations and practice, USCIS will accept adjustment of applications filed pursuant to Visa Bulletin No. 107 without a completed medical examination. In such cases, USCIS will issue a request for evidence.
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smuggymba
10-05 08:23 PM
a court actually agreed with USCIS....so a person can work but can't be present in the US and USCIS won the case.
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h1techSlave
04-04 09:19 PM
I guess, you can only be with out a job for 180 days while in EAD.
img86
10-08 01:02 PM
Hi thanks a lot for the prompt reply. But I am curious to know the chances of getting my transfer petition approved from my current employer. I heard we should be in H1B status before apply for transfer and we should have minimum 3 paystubs from the employer who processed H1B.
So without having all these is there any chance to get my transfer petition approved?
So without having all these is there any chance to get my transfer petition approved?
rajbgp2002
01-17 12:57 PM
Different service center case number starts with different letters.
My case is same as yours. Earlier it used to be EAC, the latest one is WAC.
You should be able to use WACXXX... for online tracking.
My case is same as yours. Earlier it used to be EAC, the latest one is WAC.
You should be able to use WACXXX... for online tracking.
