div_bell_2003
03-24 07:42 PM
It's best to contact your employer attorney about their standard practices about H1B revocations after termination of employment, but as far as I know if your H1B is revoked before your COS takes effect on Oct 1 , 09 , your OPT status stays intact till its expiry.
Thanks for the reply. My question though is what will happen if i get laid off before October 1 2009, and revoke my H1? In that case will i be able to use my remaining OPT, since i will not have my H1 revoked?
Thanks for the reply. My question though is what will happen if i get laid off before October 1 2009, and revoke my H1? In that case will i be able to use my remaining OPT, since i will not have my H1 revoked?
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shana04
05-18 05:41 PM
did you receive one rfe for both cases or one each for each case?
two seperate RFE one for each
two seperate RFE one for each
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neoklaus
11-01 01:44 PM
EB3(ROW)
NSC ( I 485, EAD, AP)
Receipt: Aug.16
RN: Oct.1
FP(notice): Oct.22
FP: Nov.9
EAD: me+child:Oct.24
wife- not yet
AP: nothing
NSC ( I 485, EAD, AP)
Receipt: Aug.16
RN: Oct.1
FP(notice): Oct.22
FP: Nov.9
EAD: me+child:Oct.24
wife- not yet
AP: nothing
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gc@waiting
07-21 06:27 AM
Does anyone have any experience with the name variations (the same old LNU/FNU stuff) leading to I485 rejection? I have the following names used in various combinations on multiple visa stampings (B, L1, H1B, H1B,H1B....).
FNU FirstName
FirstName LNU
FirstName LastName(as in birth certificate)
LNU FirstName
My Birth certificate has the complete "firstname lastname", while the degree certificate/credentials only have the first name, the most recent I94 & 797 have the name similar to the birth certicate (SSN has FirstName LNU). I485 applied under the birth certificate name with an AFFIDAVIT as advised by my attorney explaining the confusion about the name.
A greatly appreciate anyone shedding some light on this, thanks in advance.
FNU FirstName
FirstName LNU
FirstName LastName(as in birth certificate)
LNU FirstName
My Birth certificate has the complete "firstname lastname", while the degree certificate/credentials only have the first name, the most recent I94 & 797 have the name similar to the birth certicate (SSN has FirstName LNU). I485 applied under the birth certificate name with an AFFIDAVIT as advised by my attorney explaining the confusion about the name.
A greatly appreciate anyone shedding some light on this, thanks in advance.
more...
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Dakshini R. Sen
06-25 10:33 AM
Yes, until her I-485 application is approved she can apply for the EAD as well as the AP. Provided you have received the permanent residency card, you do not have to do anything. AC21 filing is irrelevant in your case.
Dakshini R. Sen, P.C.
Law Offices of Dakshini R. Sen P.C. , Immigration Lawyer US. (http://www.dakshinisen.com)
212-242-1677
713-278-1677
Dakshini R. Sen, P.C.
Law Offices of Dakshini R. Sen P.C. , Immigration Lawyer US. (http://www.dakshinisen.com)
212-242-1677
713-278-1677
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bindas74
03-25 10:28 PM
ok..from what I have been hearing from my multiple friends and company's attorneys, USCIS has been digging deep into most of the 485s..
Our company guy said, there is some new policy in 485 processing which is causing them to gather lot of other information (I havent seen this policy published anywhere..so thought this guy is bluffing)..but I dont know many ppl have been saying about such RFEs or RFEs which were not raised before are more common now.
Look at my other thread as an example.
Hopefully you resolve it fast
I received one too...just this morning I received emails stating that RFE was sent for me and my wife....mine is a straight forward case
1) I am with the same employer since I applied for my GC
2) Still on H1B
3) No AC21
4) With a very good company ( medium sized) which never laid off any employees so far
5) Not a labour substitution
I am still wondering what it could be...well I guess i will have to wait for a couple of days more to find out.
But, I am glad that atleast they started looking at my case...this is the first time since August 2007 there is an LUD on my case
Our company guy said, there is some new policy in 485 processing which is causing them to gather lot of other information (I havent seen this policy published anywhere..so thought this guy is bluffing)..but I dont know many ppl have been saying about such RFEs or RFEs which were not raised before are more common now.
Look at my other thread as an example.
Hopefully you resolve it fast
I received one too...just this morning I received emails stating that RFE was sent for me and my wife....mine is a straight forward case
1) I am with the same employer since I applied for my GC
2) Still on H1B
3) No AC21
4) With a very good company ( medium sized) which never laid off any employees so far
5) Not a labour substitution
I am still wondering what it could be...well I guess i will have to wait for a couple of days more to find out.
But, I am glad that atleast they started looking at my case...this is the first time since August 2007 there is an LUD on my case
more...
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reddymjm
03-16 01:26 PM
Why he should expect an RFE in a Month or Two ?
Any rational reason ?
One way of reducing backlog is by issuing an RFE and a possible denial. Most of the EB3 with very old PD I would say before 2004 there is a standard RFE for an employment letter, resulting in a AC21 or some chance where they can deny some cases.
Any rational reason ?
One way of reducing backlog is by issuing an RFE and a possible denial. Most of the EB3 with very old PD I would say before 2004 there is a standard RFE for an employment letter, resulting in a AC21 or some chance where they can deny some cases.
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anuh1
03-30 08:12 AM
Congrats man. I am still waiting for mine. All the best for your perm.
more...
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flex
10-02 02:23 PM
Eilsoe - save some of that inspiration for the game.
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desi chala usa
06-08 09:23 AM
Yes - this job description can claim for EB2.
Make sure you keep ready your educational evaluation which proves that your education is equal to American M.S/M.B.A and your entire experience letters which say you worked for 5+ years for described job duties in case of RFE (You can't claim experience earned with the empolyer which is filing your PERM.)
Good Luck.
Make sure you keep ready your educational evaluation which proves that your education is equal to American M.S/M.B.A and your entire experience letters which say you worked for 5+ years for described job duties in case of RFE (You can't claim experience earned with the empolyer which is filing your PERM.)
Good Luck.
more...
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vivache
08-24 07:58 PM
Has anyone been to the Mumbai consulate for stamping
Can you let me know the process?
Also website where I can get more info?
Is this a drop docs at embassy .. and they mail it to you kind of thing?
Thanks
V
Can you let me know the process?
Also website where I can get more info?
Is this a drop docs at embassy .. and they mail it to you kind of thing?
Thanks
V
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bimboywade
11-13 10:04 AM
No more "status changes" e.g. f1->h1, L1->h1,even h4->h1 is allowed. Only Extensions are allowed in Mexico..
The USCIS site clearly states :
Who Can Apply in Mexico
* Applicants seeking to renew their visa in any category except B1/2 (tourist/business), if the initial visa was issued in the applicant's home country.
Also Note(in blue font):
Notice: Certain visa applicants may be subject to additional administrative processing. This administrative processing may last weeks, thus delaying visa delivery and the applicant's return to the United States.
I'd rather prefer Canada for stamping(if these rules dont apply there) .
The USCIS site clearly states :
Who Can Apply in Mexico
* Applicants seeking to renew their visa in any category except B1/2 (tourist/business), if the initial visa was issued in the applicant's home country.
Also Note(in blue font):
Notice: Certain visa applicants may be subject to additional administrative processing. This administrative processing may last weeks, thus delaying visa delivery and the applicant's return to the United States.
I'd rather prefer Canada for stamping(if these rules dont apply there) .
more...
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injrav
07-27 03:02 PM
Hi
What is Unit? can I consider it as CREDIT?
if it is credit, then I believe it will take approximately 11k to complete MS in computer science
Thanks
What is Unit? can I consider it as CREDIT?
if it is credit, then I believe it will take approximately 11k to complete MS in computer science
Thanks
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txh1b
04-16 06:32 PM
Now the question is that: how long usually does it take for the response after I submit my evidences? It has to be 60 days or less, but I heard differently. Can anyone help me with that?
If your PD is current and a visa number available, they should be approving the petition soon after.
If your PD is current and a visa number available, they should be approving the petition soon after.
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chandrajp
06-21 12:10 PM
You would need afidavits from your parents and a close relative. IF you dont have a birth certificate with your name, registered on the day you were born and the certificate is dated close to your dob then you WILL need afidavits.
It very simple, just send the format by mail to your parents and ask them to buy stamp papers and get it typed and then sign in front of notory and notory will attest and sign. Then ask them to scan it and send it to you. You just take a print out and give it to your lawyer including your birth certificate you took in 2005.
Good Luck!
You need 2 affidavits from 2 close relatives(one from each) who are atleast 10 years older than you
It very simple, just send the format by mail to your parents and ask them to buy stamp papers and get it typed and then sign in front of notory and notory will attest and sign. Then ask them to scan it and send it to you. You just take a print out and give it to your lawyer including your birth certificate you took in 2005.
Good Luck!
You need 2 affidavits from 2 close relatives(one from each) who are atleast 10 years older than you
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surya.kant
06-19 01:30 PM
Hello Unseenguy,
Thanks for the reply.
I forgot to mention that i was already on h1 before so i dont fall under H1CAP. This is the reason i applied for H1 from h4 as previously i was on H1B
You are not subject to H1 cap, since you had been on H1 status in last 6 years. However, H1 portablity applies only for H1-to-H1 transfer.
Your H1 petition is approved. You need to get H1 visa from consulate.
Surya.
Thanks for the reply.
I forgot to mention that i was already on h1 before so i dont fall under H1CAP. This is the reason i applied for H1 from h4 as previously i was on H1B
You are not subject to H1 cap, since you had been on H1 status in last 6 years. However, H1 portablity applies only for H1-to-H1 transfer.
Your H1 petition is approved. You need to get H1 visa from consulate.
Surya.
more...
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martinvisalaw
04-19 02:37 PM
USCIS also has guidance on its website here (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=cab23e4d77d73210VgnVCM100000082ca60aRCR D&vgnextchannel=cab23e4d77d73210VgnVCM100000082ca60a RCRD)
**************
Special Update: Relief for Foreign Nationals Stranded due to the Icelandic Volcano Eruption
Foreign nationals stranded in the U.S. because of the airport closures in Europe due to the Icelandic volcano eruption and who are about to exceed their authorized stay in the U.S. have two avenues for relief. If at an airport and traveling under the Visa Waiver Program (VWP), they should contact the U.S. Customs and Border Protection office at the airport. They may also contact the local U.S. Citizenship and Immigration Services office. Both Department of Homeland Security agencies have provided their staff and offices with guidance on the applicable legal authorities under the VWP in circumstances such as this.
Persons traveling under a visa should contact the nearest USCIS office and follow the instructions below. While these instructions recommend initiating the process 45 days in advance, USCIS is providing reminder guidance on how to handle such cases until normal flights are scheduled between the U.S. and foreign countries affected by the Icelandic volcanic activity.
Extend My Stay
If you want to extend your stay in the United States, you must file a request with U.S. Citizenship and Immigration Services (USCIS) on the Form I-539, Application to Extend/Change Nonimmigrant Status before your authorized stay expires. If you remain in the United States longer than authorized, you may be barred from returning and/or you may be removed (deported) from the United States. Check the date in the lower right-hand corner of your Form I-94, Arrival-Departure Record, to determine the date your authorized stay expires. We recommend that you apply to extend your stay at least 45 days before your authorized stay expires.
You may apply to extend your stay if:
* You were lawfully admitted into the United States with a nonimmigrant visa
* Your nonimmigrant visa status remains valid
* You have not committed any crimes that make you ineligible for a visa
* You have not violated the conditions of your admission
* Your passport is valid and will remain valid for the duration of your stay
You may not apply to extend your stay if you were admitted to the United States in the following categories:
* Visa Waiver Program
* Crew member (D nonimmigrant visa)
* In transit through the United States (C nonimmigrant visa)
* In transit through the United States without a visa (TWOV)
* Fianc� of a U.S. citizen or dependent of a fianc� (K nonimmigrant visa)
* Informant (and accompanying family) on terrorism or organized crime (S nonimmigrant visa)
For information on how to apply, see the �How Do I: Guides for Nonimigrants� link to the right.
Last updated: 04/18/2010
**************
Special Update: Relief for Foreign Nationals Stranded due to the Icelandic Volcano Eruption
Foreign nationals stranded in the U.S. because of the airport closures in Europe due to the Icelandic volcano eruption and who are about to exceed their authorized stay in the U.S. have two avenues for relief. If at an airport and traveling under the Visa Waiver Program (VWP), they should contact the U.S. Customs and Border Protection office at the airport. They may also contact the local U.S. Citizenship and Immigration Services office. Both Department of Homeland Security agencies have provided their staff and offices with guidance on the applicable legal authorities under the VWP in circumstances such as this.
Persons traveling under a visa should contact the nearest USCIS office and follow the instructions below. While these instructions recommend initiating the process 45 days in advance, USCIS is providing reminder guidance on how to handle such cases until normal flights are scheduled between the U.S. and foreign countries affected by the Icelandic volcanic activity.
Extend My Stay
If you want to extend your stay in the United States, you must file a request with U.S. Citizenship and Immigration Services (USCIS) on the Form I-539, Application to Extend/Change Nonimmigrant Status before your authorized stay expires. If you remain in the United States longer than authorized, you may be barred from returning and/or you may be removed (deported) from the United States. Check the date in the lower right-hand corner of your Form I-94, Arrival-Departure Record, to determine the date your authorized stay expires. We recommend that you apply to extend your stay at least 45 days before your authorized stay expires.
You may apply to extend your stay if:
* You were lawfully admitted into the United States with a nonimmigrant visa
* Your nonimmigrant visa status remains valid
* You have not committed any crimes that make you ineligible for a visa
* You have not violated the conditions of your admission
* Your passport is valid and will remain valid for the duration of your stay
You may not apply to extend your stay if you were admitted to the United States in the following categories:
* Visa Waiver Program
* Crew member (D nonimmigrant visa)
* In transit through the United States (C nonimmigrant visa)
* In transit through the United States without a visa (TWOV)
* Fianc� of a U.S. citizen or dependent of a fianc� (K nonimmigrant visa)
* Informant (and accompanying family) on terrorism or organized crime (S nonimmigrant visa)
For information on how to apply, see the �How Do I: Guides for Nonimigrants� link to the right.
Last updated: 04/18/2010
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EkAurAaya
07-17 12:09 AM
From what I have heard so far, you need the receipt number. Talk to your lawyer asap.
yes that is what my lawyer said, i think you need to include the a# once you have it from one application
yes that is what my lawyer said, i think you need to include the a# once you have it from one application
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sweet_jungle
01-10 04:39 AM
I am interested in exploring the AC-21 option.
My sponsoring company is a big company and I think they wont revoke 140. 140 was approved in 2006. 485 filed in july,2007.
Any recommendation for AC-21 attorneys?
Can an attorney force me to file AC-21 even if i dont want to?
My sponsoring company is a big company and I think they wont revoke 140. 140 was approved in 2006. 485 filed in july,2007.
Any recommendation for AC-21 attorneys?
Can an attorney force me to file AC-21 even if i dont want to?
wandmaker
10-24 01:07 AM
Your labor wants masters only or bachelors with 5 years is acceptable?
Look bullet no. 2.
The following degree equivalency determinations have been made by the AAO, USCIS, District Court and through regulations:
1. A Bachelor of Medicine & Bachelor of Surgery (MBBS) is the foreign equivalent of a US medical degree. (2009)
2. A three year Bachelor�s degree from India is equivalent to a US Bachelor�s degree. (2008)
EB-2 & EB-3 Degree Equivalency | US Immigration Blog (http://blog.messersmithlaw.com/?p=50)
MurthyDotCom : Combination Degrees found by AAO Equal to 4-Year U.S. Degree (http://www.murthy.com/news/n_combdg.html)
YOU NEED GOOD LAWYER. FILE COMPLAINT WITH AAO.
Good find - IF OPs labor has "bachelors +5 years" then s/he can be back in track otherwise the chances are slim to none.
Look bullet no. 2.
The following degree equivalency determinations have been made by the AAO, USCIS, District Court and through regulations:
1. A Bachelor of Medicine & Bachelor of Surgery (MBBS) is the foreign equivalent of a US medical degree. (2009)
2. A three year Bachelor�s degree from India is equivalent to a US Bachelor�s degree. (2008)
EB-2 & EB-3 Degree Equivalency | US Immigration Blog (http://blog.messersmithlaw.com/?p=50)
MurthyDotCom : Combination Degrees found by AAO Equal to 4-Year U.S. Degree (http://www.murthy.com/news/n_combdg.html)
YOU NEED GOOD LAWYER. FILE COMPLAINT WITH AAO.
Good find - IF OPs labor has "bachelors +5 years" then s/he can be back in track otherwise the chances are slim to none.
legaleagle
05-27 06:37 PM
Hello diptam,
I am on H1 with AOS pending. I will be applying for H1 extension for first time. Could you give me a link for the procedure and documentaion. My period expires on Sept 2008.
Thanks
I am on H1 with AOS pending. I will be applying for H1 extension for first time. Could you give me a link for the procedure and documentaion. My period expires on Sept 2008.
Thanks
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