gcformeornot
01-20 01:10 PM
I am working for a consulting firm and my 6 year H1 is expiring on March 2012. My I-140 is approved as of Dec 2008(EB3) - pd Aug 2007. I-485 not filed yet due to PD not current.
I have a fulltime offer from my client which is a global bank and so i would like to move to them
My question is I don't have I-140 approval notice, but have the receipt notice and also can print out the status on the USCIS website. Also I have my Alien #
My current employer wont give the copy of approval.
1. With this Can I apply for I-140 based 3-year transfer?
2. Also, once I get 3 years approved and join the new employer, if the old employer revokes I-140 will I be in trouble?
have not filed 485 there is no use for you of approved 140 except you can use the PD. You will have to start GC processing again with new employer.(PERM-140-485).
You should get a 3 year ext based on old employers 140.
I have a fulltime offer from my client which is a global bank and so i would like to move to them
My question is I don't have I-140 approval notice, but have the receipt notice and also can print out the status on the USCIS website. Also I have my Alien #
My current employer wont give the copy of approval.
1. With this Can I apply for I-140 based 3-year transfer?
2. Also, once I get 3 years approved and join the new employer, if the old employer revokes I-140 will I be in trouble?
have not filed 485 there is no use for you of approved 140 except you can use the PD. You will have to start GC processing again with new employer.(PERM-140-485).
You should get a 3 year ext based on old employers 140.
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stefanusc
03-13 01:21 PM
Hi to all,
I met with a potential client who is an illegal immigrant living in the US. She has a child who is a US citizen. The father was voluntarily deported and the mother gave him permission to take the child back to their home country to visit the grandparents. The father was supposed to make sure the child returned to the US within 3 months. It has been 6 months. If my client files an application under the Hague Convention on the Civil Aspects of International Child Abduction, will the US Government begin deportation proceedings?
I met with a potential client who is an illegal immigrant living in the US. She has a child who is a US citizen. The father was voluntarily deported and the mother gave him permission to take the child back to their home country to visit the grandparents. The father was supposed to make sure the child returned to the US within 3 months. It has been 6 months. If my client files an application under the Hague Convention on the Civil Aspects of International Child Abduction, will the US Government begin deportation proceedings?
jerez_z
05-10 10:18 PM
haha very nice :lol:
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la_guy
06-27 06:43 PM
From immigration-law
The situation is particularly critical because of the USCIS decision not to accept the I-485 filings without the medical report. AILA demanded leniency but the USCIS reportely refused to accept such demand. Since medical report is "initial evidence" to I-485 filing, under the recent rule change, any I-485 filing with the medical report can be rejected or denied. Reports indicate that there are a huge backlog in scheduling medical examination in most of the areas in the country.
Does anyone face backlogs in getting medical examination? Please reply. Just Want to check the authenticity of this news?
The situation is particularly critical because of the USCIS decision not to accept the I-485 filings without the medical report. AILA demanded leniency but the USCIS reportely refused to accept such demand. Since medical report is "initial evidence" to I-485 filing, under the recent rule change, any I-485 filing with the medical report can be rejected or denied. Reports indicate that there are a huge backlog in scheduling medical examination in most of the areas in the country.
Does anyone face backlogs in getting medical examination? Please reply. Just Want to check the authenticity of this news?
more...
jobelaw
06-09 01:06 AM
My question is regarding Citizenship. My mother married my step father in the year 2000. They have 2 children one is 7 the other is 9. My mother did not adjust her status right after they married. she waited a few years. She received her green card on November of 2006. "the one that renews every 10 years. This year she separated him because she cheated on her. They are not legally separated or anything like that. She wants to become a US Citizen but we think it might be a problem since this year they did not file taxes together. When she did her taxes she checked the box that says shes filing married but separately. He does not want the divorce but she does. I told her she should hold of on any divorce and see about getting her citizenship first. What complications can she have since this year they did not file jointly. I appreciate your time and any input
cnag
10-04 04:13 PM
How soon before the passport expiry can we go for the renewal?
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pappu
07-26 11:39 PM
Pls do not create two threads with the same post. They have been merged now.
Pls join your state chapter and take it forward. We really need members with zeal and great ideas. Contact core if you have any questions.
Pls join your state chapter and take it forward. We really need members with zeal and great ideas. Contact core if you have any questions.
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dc2007
10-17 06:45 PM
By courtesy copy do you mean the original I-797C?
I am also in the same situation. I didn't get the copy and lawyer got copy today only. Appt date is this Sat.
Lawyer has emailed me the scanned copy. Can I take this copy for FP ?
Thanks
dc
I am also in the same situation. I didn't get the copy and lawyer got copy today only. Appt date is this Sat.
Lawyer has emailed me the scanned copy. Can I take this copy for FP ?
Thanks
dc
more...
sri1309
10-23 07:31 PM
From this link it's sure Obama is going to get CIR taken care of.All those undocumented workers ,who he is so sweetly saying should get into the the end of the line after paying fine ,now will they effect our long queues in anyway?(like the amnesty people did to EB3 in 2000)
He is not talking about GC's ,though he did skirt around H1B. I'm not able to figure out if this article holds any good new for us .
Would be nice to read others opinions on this.
Thank you.
I feel he will not ignore legal immigrants. There will be action for sure, as it appears. We should take this as positive when he says +ve about H1B. If he said something bad, then thats bad also for others.
He is not talking about GC's ,though he did skirt around H1B. I'm not able to figure out if this article holds any good new for us .
Would be nice to read others opinions on this.
Thank you.
I feel he will not ignore legal immigrants. There will be action for sure, as it appears. We should take this as positive when he says +ve about H1B. If he said something bad, then thats bad also for others.
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coolguy_420
07-01 04:24 AM
Hello,
I was on valid 3-year H1 visa until Dec 2010. I got layed off in Feb 2009.
I found another employer to file my H1 transfer case in April '09 and the case is still pending (regular processing). We received a RFE asking for my most recent pay stubs and employer info recently.
The question I have is if the H1 transfer gets denied, what do I do next? How much time do I have to leave the US? Do they give time to pack and make plans to leave? I don't want to face deportation. Also, I have a valid 10- year B1/B2 visa stamped on my passport. Can I use that in any way.
Your response is greatly appreciated.
Thanks!
I was on valid 3-year H1 visa until Dec 2010. I got layed off in Feb 2009.
I found another employer to file my H1 transfer case in April '09 and the case is still pending (regular processing). We received a RFE asking for my most recent pay stubs and employer info recently.
The question I have is if the H1 transfer gets denied, what do I do next? How much time do I have to leave the US? Do they give time to pack and make plans to leave? I don't want to face deportation. Also, I have a valid 10- year B1/B2 visa stamped on my passport. Can I use that in any way.
Your response is greatly appreciated.
Thanks!
more...
masti_Gai
09-13 08:47 AM
so he is worried:confused:
itz been nearly 4 months ma 140 is still pending at Nebraska:eek:
itz been nearly 4 months ma 140 is still pending at Nebraska:eek:
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blake
03-06 11:29 PM
Hi everyone!
On May 29, 2009, I filed a Form I-485 to get my wife's (from Japan) green-card. On August 11, 2009 it was denied because I had "failed to submit all tax documentation". On August 25, 2009 I filed a Form I-290B which is a motion to reopen and reconsider my case. I included all the additional tax information which they asked for so that I my I-485 would be complete. Finally, today March 6, 2010 I received a notice in the mail saying that my I-290B Form was denied simply because accidentally signed one area of the form where my wife should have signed. What am I supposed to do from here? I had a lot of people recommend that I contact my Commissioner... does he have any power to help me with that? Any help would be appreciated!!
On May 29, 2009, I filed a Form I-485 to get my wife's (from Japan) green-card. On August 11, 2009 it was denied because I had "failed to submit all tax documentation". On August 25, 2009 I filed a Form I-290B which is a motion to reopen and reconsider my case. I included all the additional tax information which they asked for so that I my I-485 would be complete. Finally, today March 6, 2010 I received a notice in the mail saying that my I-290B Form was denied simply because accidentally signed one area of the form where my wife should have signed. What am I supposed to do from here? I had a lot of people recommend that I contact my Commissioner... does he have any power to help me with that? Any help would be appreciated!!
more...
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beautifulMind
11-20 12:56 PM
But I work in the same company and same dept..isn't AC21 only used if you quit GC sponsoring company
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krish420
10-03 10:01 PM
>>i got my L1 stamped at Chennai . can i apply for my would be wife l2 visa at Delhi consulate ??
It would be based on your wife's state of origin. If she is from karnataka, kerala, tamilnadu, then she would have to go to chennai. The states that a consulate supports would be listed on their website.
>> My company is not doing any documentation for my wife L2 . can i do all myself
Yes, you can. Search for 'L2 visa documents' online. The process is similar to B1/B2 ( It was, 2 years ago. Do confirm online).
It would be based on your wife's state of origin. If she is from karnataka, kerala, tamilnadu, then she would have to go to chennai. The states that a consulate supports would be listed on their website.
>> My company is not doing any documentation for my wife L2 . can i do all myself
Yes, you can. Search for 'L2 visa documents' online. The process is similar to B1/B2 ( It was, 2 years ago. Do confirm online).
more...
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nagu
02-26 02:41 PM
Today, My H1B transfer got denied and waiting for denial notice. Employer is planning to appeal on denial case. (I am assuming that "Denial could be becasue of client letter was not furnished)
My Layer: Employer->Company A-> Primary Vendor -> Client
My I-94 is valid Nov-09-2009 based on previous employer petition. Previous employer notified USCIS on H1B termination.
On this, What would be best option.
1. File a new H1B case thru current employer (while is waiting for appeal result, as a back up plan)?
2. can I continue work for current employer since my I-94 is valid till 11/09/2009 and filling MTR?
3. Apply for H1B transfer thru primary vendor's sister concern?
My Layer: Employer->Company A-> Primary Vendor -> Client
My I-94 is valid Nov-09-2009 based on previous employer petition. Previous employer notified USCIS on H1B termination.
On this, What would be best option.
1. File a new H1B case thru current employer (while is waiting for appeal result, as a back up plan)?
2. can I continue work for current employer since my I-94 is valid till 11/09/2009 and filling MTR?
3. Apply for H1B transfer thru primary vendor's sister concern?
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chris82
05-28 12:45 PM
Hello,
I am on h1b visa (approved & stamped) and its expiring this Oct'10 (I-94 also expiring in Oct) and due for an extension but here's my problem.
Company A filed my petition in a wrong way in 2007 by showing the job title as "mechanical engineering position" though i was working as Analyst in IT. So if company A files my extension now how likely are my chances of getting my extension approved? as there was no amendment submitted by A for a change in my job title. The below are my options so would really appreciate if you all can suggest and share your thoughts?
1. Go for a H1B extension from Company A itself and if RFE/Denied, can i then proceed with a H1B transfer from Company B? Confused here in figuring out that if my extension is denied will i loose my status and am i eligible to file a new petition as a transfer from Company B?
2. Or directly go for a H1B transfer from a new Company B, this way will i have lesser risk in getting rejected?
I am on h1b visa (approved & stamped) and its expiring this Oct'10 (I-94 also expiring in Oct) and due for an extension but here's my problem.
Company A filed my petition in a wrong way in 2007 by showing the job title as "mechanical engineering position" though i was working as Analyst in IT. So if company A files my extension now how likely are my chances of getting my extension approved? as there was no amendment submitted by A for a change in my job title. The below are my options so would really appreciate if you all can suggest and share your thoughts?
1. Go for a H1B extension from Company A itself and if RFE/Denied, can i then proceed with a H1B transfer from Company B? Confused here in figuring out that if my extension is denied will i loose my status and am i eligible to file a new petition as a transfer from Company B?
2. Or directly go for a H1B transfer from a new Company B, this way will i have lesser risk in getting rejected?
more...
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gcnirvana
05-03 05:46 PM
All,
I am a little confused. I just got my H1B extension done recently and my attorney sent me a letter saying that if I go out of the country for stamping I need to make sure my Passport is valid beyond the H1B period.
My passport expires in May 2008 and my current H1 is valid till July 2010. Does anyone see any issues in going for stamping in India in July 2007 with my current passport and later on some time next year applying for a new Indian passport.
Appreciate your help
Your passport should be valid atleast 6 months from the date of stamping. So I think you should be okay. Also, its better to apply for a new passport 6 months before your old one expires. And once you get your new passport you'll have to carry both your new and the old ones as your old one will have the stamping till July 2010. Hope this helps!
I am a little confused. I just got my H1B extension done recently and my attorney sent me a letter saying that if I go out of the country for stamping I need to make sure my Passport is valid beyond the H1B period.
My passport expires in May 2008 and my current H1 is valid till July 2010. Does anyone see any issues in going for stamping in India in July 2007 with my current passport and later on some time next year applying for a new Indian passport.
Appreciate your help
Your passport should be valid atleast 6 months from the date of stamping. So I think you should be okay. Also, its better to apply for a new passport 6 months before your old one expires. And once you get your new passport you'll have to carry both your new and the old ones as your old one will have the stamping till July 2010. Hope this helps!
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chalamurariusa
05-14 09:53 AM
You can file for your childs GC with yours before he turns 21.
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NH123
01-13 12:49 PM
EMC Corporation
immilaw
09-13 01:08 PM
Starting April 1st, only two Service Center are responsible for all the I-140's, Nebraska & Texas. All I-140's are filed with Nebraska Service Center. Nebraska keeps some of the petitoins and transfers the others to Texas. The ones that NSC keeps has a receipt number starting with LIN whereas the ones that are transfered to TX has the receipt number starting with SRC. So even though the petition might be filed with NSC, chances are it might be approved sonner if it goes to TXSC. Nebraska is taking 4-5 months to approve a petition whereas TX approves it in 15-25 days.
Blog Feeds
06-19 01:20 PM
AILA Leadership Has Just Posted the Following:
As many regular readers of this blog know, I am impressed by the amazing work of Vivek Wadhwa, research associate at Harvard, and an entrepreneur in residence at Duke. This week his most recently published article, The University Of Competition (http://www.outlookindia.com/full.asp?fodname=20090622&fname=GCol+Vivek+Wadhwa+(F)&sid=1), in Outlook India, points out the obvious--"with its flawed immigration policies, the U.S. has exported part of its economic stimulus and is providing a windfall of premium talent to these countries (India and China)."
Vivek also appeared in a NPR's Marketplace segment on how sophisticated engineering jobs are disappearing from the U.S. and moving to India (http://marketplace.publicradio.org/www_publicradio/tools/media_player/popup.php?name=marketplace/pm/2009/06/17/marketplace_cast2_20090617_64). The report by Janet Babin starts with an unemployed Silicon Valley engineer and ends with Wim Elfrink � Cisco�s Chief Globalization Officer who is based in Bangalore. In that piece, Vivek discusses how the world has changed and how companies now need to be near growth markets.
This pieces and other recent pieces show that plodding ideas about commissions and study groups to recommend visa numbers are relics of a past age. The question is, will Congress act quickly enough on immigration reform to actually make a difference in helping our economy recover. Every immigration lawyer knows these simple truths--lazy people do not walk across the desert. And, its corollary--the Hope that is American attracts those willing to work hard to succeed. Well, the former principle is still true, at least for now. The latter is giving way to hopelessness--backlogged visa numbers ("encased in amber"), and a growing and vibrant economy in China and India. The failure to act quickly is going to cost America in the long run. Let's pray someone in the White House and on Capitol starts this immigration reform discussion moving before it is too late.https://blogger.googleusercontent.com/tracker/186823568153827945-2392842088350390333?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/06/vivek-wadwha-voice-in-wilderness.html)
As many regular readers of this blog know, I am impressed by the amazing work of Vivek Wadhwa, research associate at Harvard, and an entrepreneur in residence at Duke. This week his most recently published article, The University Of Competition (http://www.outlookindia.com/full.asp?fodname=20090622&fname=GCol+Vivek+Wadhwa+(F)&sid=1), in Outlook India, points out the obvious--"with its flawed immigration policies, the U.S. has exported part of its economic stimulus and is providing a windfall of premium talent to these countries (India and China)."
Vivek also appeared in a NPR's Marketplace segment on how sophisticated engineering jobs are disappearing from the U.S. and moving to India (http://marketplace.publicradio.org/www_publicradio/tools/media_player/popup.php?name=marketplace/pm/2009/06/17/marketplace_cast2_20090617_64). The report by Janet Babin starts with an unemployed Silicon Valley engineer and ends with Wim Elfrink � Cisco�s Chief Globalization Officer who is based in Bangalore. In that piece, Vivek discusses how the world has changed and how companies now need to be near growth markets.
This pieces and other recent pieces show that plodding ideas about commissions and study groups to recommend visa numbers are relics of a past age. The question is, will Congress act quickly enough on immigration reform to actually make a difference in helping our economy recover. Every immigration lawyer knows these simple truths--lazy people do not walk across the desert. And, its corollary--the Hope that is American attracts those willing to work hard to succeed. Well, the former principle is still true, at least for now. The latter is giving way to hopelessness--backlogged visa numbers ("encased in amber"), and a growing and vibrant economy in China and India. The failure to act quickly is going to cost America in the long run. Let's pray someone in the White House and on Capitol starts this immigration reform discussion moving before it is too late.https://blogger.googleusercontent.com/tracker/186823568153827945-2392842088350390333?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/06/vivek-wadwha-voice-in-wilderness.html)
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