wandmaker
11-01 10:20 AM
PD isn't current, but just check i-485 online status, showing "Document production or Oath Ceremony" (i.e., the last cycle).
There was indeed a soft LUD in June this year. After that nothing much else. Is there sth good coming along my way?
Appreciate if anyone here can share his/her thoughts/comments.
Don't rely on online status, take infopass and check it out. BTW, it is most likely a FP notice, not an approval.
There was indeed a soft LUD in June this year. After that nothing much else. Is there sth good coming along my way?
Appreciate if anyone here can share his/her thoughts/comments.
Don't rely on online status, take infopass and check it out. BTW, it is most likely a FP notice, not an approval.
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gcgc2005
12-17 10:31 PM
Hello Everyone! Please advise me on the following agreement.
I am currently working with green card sponsored employer on H1B (I have my EAD). I have my I485 pending with I140 approved and its been more than 180 days since my I485 has been pending. I am looking to use AC21, but concerned with the following agreement. Is this enforceable? Its been couple of years since I signed this and I know it's still a long wait before my I485 is approved. Please advise.
"
This Addendum (part of the signed Employment Agreement by both parties) made as of - day of - by - and between XXXX company (hereinafter refereed to as "Employer") and - residing at - (hereinafter referred to as "Employee")
Employer has processed Green Card for the Employee. Employee agrees to work for a minimum of 6 months (Client Billable hours) with Employer after Employee gets his/her Green Card approved, sponsored by Employer. Employee agrees to pay $10,000 to Employer in case if Employee does not work with Employer for 6 months after getting the physical Green Card.
In the event that Employer commences litigation to enforce its rights under this Addendum and the Employment Agreement, Employee agree to pay for all filing fees, court costs, and Attorney's fees. In addition, should Employer incur pre-litigation costs in enforcing the Addendum, including but not limited to reasonable collection agency fees or pre-litigation attorneys fees and costs, then Employee agrees to reimburse Employer for all said costs incurred.
Governing Law: The laws of Common Wealth of Virginia shall govern this Addendum. Any litigation in connection herewith shall be brought in the state of federal courts for Fairfax, VA and both parties consent to such court's exercise of personal jurisdiction over them.
Employee represents that he/she has read and understand the terms of this Addendum, has had an opportunity to ask questions and to review this Addendum with legal counsel of his/her choice, is not relying on any advice from Employer in this regard, and is voluntarily signing this Addendum.
"
I am currently working with green card sponsored employer on H1B (I have my EAD). I have my I485 pending with I140 approved and its been more than 180 days since my I485 has been pending. I am looking to use AC21, but concerned with the following agreement. Is this enforceable? Its been couple of years since I signed this and I know it's still a long wait before my I485 is approved. Please advise.
"
This Addendum (part of the signed Employment Agreement by both parties) made as of - day of - by - and between XXXX company (hereinafter refereed to as "Employer") and - residing at - (hereinafter referred to as "Employee")
Employer has processed Green Card for the Employee. Employee agrees to work for a minimum of 6 months (Client Billable hours) with Employer after Employee gets his/her Green Card approved, sponsored by Employer. Employee agrees to pay $10,000 to Employer in case if Employee does not work with Employer for 6 months after getting the physical Green Card.
In the event that Employer commences litigation to enforce its rights under this Addendum and the Employment Agreement, Employee agree to pay for all filing fees, court costs, and Attorney's fees. In addition, should Employer incur pre-litigation costs in enforcing the Addendum, including but not limited to reasonable collection agency fees or pre-litigation attorneys fees and costs, then Employee agrees to reimburse Employer for all said costs incurred.
Governing Law: The laws of Common Wealth of Virginia shall govern this Addendum. Any litigation in connection herewith shall be brought in the state of federal courts for Fairfax, VA and both parties consent to such court's exercise of personal jurisdiction over them.
Employee represents that he/she has read and understand the terms of this Addendum, has had an opportunity to ask questions and to review this Addendum with legal counsel of his/her choice, is not relying on any advice from Employer in this regard, and is voluntarily signing this Addendum.
"
OTTO
05-13 03:17 PM
Thanks for your reply.
Since bs+5 equals ms+0, doesnt bs+7 equal to ms+2?
Since bs+5 equals ms+0, doesnt bs+7 equal to ms+2?
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roseball
06-27 01:23 PM
Yes, go ahead and upgrade your pending H1 extension to premium processing. As per the law, USCIS can deny your H1 extension if a 485 is pending at the time a decision is taken on the H1 extension petition...This is a possibility only if they check if a 485 is pending while they adjudicate your extension petition.....
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Blog Feeds
03-31 12:40 PM
We are very busy these days trying to beat the H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) rush. While we fell that visas will not run out on April 1, 2010, clients are anxious to get their cases out the door. We promise to deliver.
Here are some tips that may help our last minute filers. The issue today is a degree that has not yet been awarded. In the past, the USCIS has approved H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html)for aliens seeking one of the 20,000 H-1B visas available to aliens who have earned master�s or higher degrees from U.S. institutions of higher education, where the alien has completed all requirements for the degree, and hence, has �earned� the degree, but the degree has not been conferred.
There is no reason to believe that USCIS will not continue that practice, so long as there is evidence that the alien has completed all requirements from an official at the educational institution qualified to provide that information. In the past, satisfactory evidence often was in the form of a letter from an official such as a Dean, Registrar, or department head, stating that all requirements have been satisfied and that the alien is simply waiting for the ceremonial conferral of the degree.
Be wary of letters prepared by unauthorized employees at the school stating that the student has completed all requirements toward a master�s degree, when in fact there are still examinations or papers to complete. USCIS is likely to question a letter that comes from a lower-level employee of the university. Be mindful also that use of such documentation when the student has not completed the program may be considered fraud. Also, use of such a document may result in the loss of the client�s chance at a slot in the U.S. master�s graduate quota since the petition likely would be denied on the basis of ineligibility at the time of filing.
More tips in later posts, good luck filing the H1's tomorrow.
More... (http://www.visalawyerblog.com/2010/03/h1b_visa_lawyer_last_minute_fi.html)
Here are some tips that may help our last minute filers. The issue today is a degree that has not yet been awarded. In the past, the USCIS has approved H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html)for aliens seeking one of the 20,000 H-1B visas available to aliens who have earned master�s or higher degrees from U.S. institutions of higher education, where the alien has completed all requirements for the degree, and hence, has �earned� the degree, but the degree has not been conferred.
There is no reason to believe that USCIS will not continue that practice, so long as there is evidence that the alien has completed all requirements from an official at the educational institution qualified to provide that information. In the past, satisfactory evidence often was in the form of a letter from an official such as a Dean, Registrar, or department head, stating that all requirements have been satisfied and that the alien is simply waiting for the ceremonial conferral of the degree.
Be wary of letters prepared by unauthorized employees at the school stating that the student has completed all requirements toward a master�s degree, when in fact there are still examinations or papers to complete. USCIS is likely to question a letter that comes from a lower-level employee of the university. Be mindful also that use of such documentation when the student has not completed the program may be considered fraud. Also, use of such a document may result in the loss of the client�s chance at a slot in the U.S. master�s graduate quota since the petition likely would be denied on the basis of ineligibility at the time of filing.
More tips in later posts, good luck filing the H1's tomorrow.
More... (http://www.visalawyerblog.com/2010/03/h1b_visa_lawyer_last_minute_fi.html)
rajenk
04-02 02:10 PM
I did it online on 3/21/09 and got approved for me and my wife on 3/31/09. 10 days total turn around! I was amazed to see USCIS's efficiency on cases filed online. I heard the opposite that if you file online it was taking long time. Mine was at NSC
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Blog Feeds
10-05 09:40 AM
What happens when the laws of America clash with the laws of physics? In the Never-Never Land of Immigration, the natural laws of physics must defer to human-made law. This is the absurd answer of U.S. Citizenship and Immigration Status (USCIS), the Board of Immigration Appeals (BIA) and the Court of Appeals for the Fifth Circuit (CA5) in its Sept. 29 decision, Bokhari v. Holder. The case involves the interpretation of a USCIS regulation, 8 C.F.R. � 274a.12(b)(20), which came into being because of the problems caused by bureaucratic delay. The regulation allows the automatic grant of work permission for up...
More... (http://blogs.ilw.com/angelopaparelli/2010/10/immigration-absurdity-you-can-work-here-but-you-cant-be-here.html)
More... (http://blogs.ilw.com/angelopaparelli/2010/10/immigration-absurdity-you-can-work-here-but-you-cant-be-here.html)
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jsb
11-02 11:17 AM
Dear Friends,
Can I quite my current job in the US and go back to india for 6 months come back on AP and find similar job ? is this possible ? how long can I stay in india
before my I-485 status "runs out" ?
My PD is June 2005/EB2. I am a July 2 filer. I have received I-485 receipt,EAD and AP.
Thanks.
If your current employer is your GC sponsor, won't he withdraw its I-140 if you quit? As I-140 is for future job, if you and him continue to have intent of making employee/employer relationship as per filed I-140, you can do whatever you want in the meantime, but you would need to work for him on getting your GC. Or you can wait and hope that I-140 is not approved within 180 days. In that case you can move to the new employer. Employment with sponsoring employer prior to GC approval, paystubs, etc. are only for establishaing and restrengthening expressed intent.
Can I quite my current job in the US and go back to india for 6 months come back on AP and find similar job ? is this possible ? how long can I stay in india
before my I-485 status "runs out" ?
My PD is June 2005/EB2. I am a July 2 filer. I have received I-485 receipt,EAD and AP.
Thanks.
If your current employer is your GC sponsor, won't he withdraw its I-140 if you quit? As I-140 is for future job, if you and him continue to have intent of making employee/employer relationship as per filed I-140, you can do whatever you want in the meantime, but you would need to work for him on getting your GC. Or you can wait and hope that I-140 is not approved within 180 days. In that case you can move to the new employer. Employment with sponsoring employer prior to GC approval, paystubs, etc. are only for establishaing and restrengthening expressed intent.
more...
rayen
06-18 01:05 PM
Experts,
While e filing I 131( AP Renewal) and on certify tab its asking Title , can you please advice what details we have to provide.
Thanks in advance.
While e filing I 131( AP Renewal) and on certify tab its asking Title , can you please advice what details we have to provide.
Thanks in advance.
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rdx0
01-11 04:12 AM
I probabably know the answer of this question but would still like to confirm, just to be sure:
- First I-797B Valid from Jan 2004 to Sep 2006 <- Note: wasn't for 3 years
- First Visa valid from Jul 2004 to Sep 2006
- 1st US Entry Date from Aug 2005 till present date
(been to india in Dec 2007 for 1 month for visa stamping)
- First i-94 valid from Aug 2005 to Sep 2006
-Extended I-797A from Sep 2006 to Jan 2009 <-Note: not extended for 3 yrs
-2nd Visa/I-94 valid from Dec 2007 to Jan 2009
My questions?
1. Can my H1B Visa be extended again? This will be my 2nd extension.
2. Till what Date can be extended?
a. Jan 2010 (6 yrs from 1st I-797)
b. Jul 2010 ( 6 yrs from 1st visa stamping)
c. Aug 2011 (6 yrs from 1st US entry)
Thanks a lot !
- First I-797B Valid from Jan 2004 to Sep 2006 <- Note: wasn't for 3 years
- First Visa valid from Jul 2004 to Sep 2006
- 1st US Entry Date from Aug 2005 till present date
(been to india in Dec 2007 for 1 month for visa stamping)
- First i-94 valid from Aug 2005 to Sep 2006
-Extended I-797A from Sep 2006 to Jan 2009 <-Note: not extended for 3 yrs
-2nd Visa/I-94 valid from Dec 2007 to Jan 2009
My questions?
1. Can my H1B Visa be extended again? This will be my 2nd extension.
2. Till what Date can be extended?
a. Jan 2010 (6 yrs from 1st I-797)
b. Jul 2010 ( 6 yrs from 1st visa stamping)
c. Aug 2011 (6 yrs from 1st US entry)
Thanks a lot !
more...
ufo2002
09-15 01:37 PM
So let's have premium processing in all stages?
Wonderful, why not this suggestion:
Sell GCs for 30k each, or put up on auction.
30k is achievable goal for everyone if we save money for 6 years straight. Maybe live on bread and water or something but hey, after buying the GC, can get back to living normally!
I think the premium processing idea is just money milking strategies by the respective departments who process the different stages.
Wonderful, why not this suggestion:
Sell GCs for 30k each, or put up on auction.
30k is achievable goal for everyone if we save money for 6 years straight. Maybe live on bread and water or something but hey, after buying the GC, can get back to living normally!
I think the premium processing idea is just money milking strategies by the respective departments who process the different stages.
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HV000
03-06 04:20 PM
As far as I know, since you are past 180 days of 485 filing, you are ok. You can stay in the country based on your pending 485 application. You can take whatever time it takes for you to get a job in your same/similar job classification. However, if your 485 is close to approval, then you need to hurry to find the job, since a job offer is required at the time of adjudication of 485. This will depend on your country of chargeability and PD. If you are from India/china/philippines/mexico with a later PD, you should be ok as long as you find a job in the same or similar classification.
Others can correct me if I am wrong.
What impact does this have on H1B holders who are ALSO AOS applicants? How much GAP can they have while on H1B?
Others can correct me if I am wrong.
What impact does this have on H1B holders who are ALSO AOS applicants? How much GAP can they have while on H1B?
more...
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testerzback
03-25 11:17 PM
Hi,
I know your time is very precious and not to waste.
My issue is - I came to US as a programmar/analyst in Aug' 2005 with my B.Commerce (3years) and Master of Computer Applications (completed my 3years masters by 2003) in India. My H1 company in March'2008 applied for PERM/I 140 through EB3 (as a professional) recently they came back to me that my I140 got denied because of educational evaluation comparison difference and need to reapply again through a new lawyer as EB3 - unskilled - system support engineer.
Is this really require to go through the new lawyer to restart the GC process? - and this costs me to lose my priority date - almost 2 years
If yes, how are the chances to get the perm/I140 if I reapply through the same H1 company ?
remember that I have to go for H1 extension by Aug'10 ( as I complete 5 years on my H1).
Kindly suggest.
--
Regards,
S
I know your time is very precious and not to waste.
My issue is - I came to US as a programmar/analyst in Aug' 2005 with my B.Commerce (3years) and Master of Computer Applications (completed my 3years masters by 2003) in India. My H1 company in March'2008 applied for PERM/I 140 through EB3 (as a professional) recently they came back to me that my I140 got denied because of educational evaluation comparison difference and need to reapply again through a new lawyer as EB3 - unskilled - system support engineer.
Is this really require to go through the new lawyer to restart the GC process? - and this costs me to lose my priority date - almost 2 years
If yes, how are the chances to get the perm/I140 if I reapply through the same H1 company ?
remember that I have to go for H1 extension by Aug'10 ( as I complete 5 years on my H1).
Kindly suggest.
--
Regards,
S
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svam77
12-04 04:02 PM
Hi,
I have my EAD. Once I pass the 180 day limit for AC21 portability, can I move to a different state and a different job ? (provided salary and job specifications match )
Thanks,
Sam
I have my EAD. Once I pass the 180 day limit for AC21 portability, can I move to a different state and a different job ? (provided salary and job specifications match )
Thanks,
Sam
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qwerty14
01-20 01:00 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?
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?
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MONCYS
03-28 07:05 PM
I think your employer should cooperate with you by not withdrawing your I-140.
Are you sure that if the employer is not revoking 140, (but they will cancel h1b ) i can join some other employer after receiving EAD but 485 < 180 days
Are you sure that if the employer is not revoking 140, (but they will cancel h1b ) i can join some other employer after receiving EAD but 485 < 180 days
more...
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satyasaich
06-28 09:36 AM
yes.
Unless the first company cancels their H1B
Unless the first company cancels their H1B
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jliechty
February 1st, 2006, 02:44 PM
It doesn't matter how you get the magnification - whether by extension or by a "real" macro lens, you're going to have to deal with very thin DOF. Small apertures are about the only thing you can do.
The only other option - available only if your subject is perfectly stationary - is to put your camera on a geared focusing rail and shoot numerous frames, repositioning the camera slightly from front to back in between each image. Software is available (designed for microscopy) that will mix the sharpest parts of each frame, giving you an image that has greater DOF than possible to obtain optically in one frame due to physical principles.
The only other option - available only if your subject is perfectly stationary - is to put your camera on a geared focusing rail and shoot numerous frames, repositioning the camera slightly from front to back in between each image. Software is available (designed for microscopy) that will mix the sharpest parts of each frame, giving you an image that has greater DOF than possible to obtain optically in one frame due to physical principles.
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neelu
01-04 11:00 AM
http://www.businessweek.com/smallbiz/content/jan2007/sb20070103_187304.htm?chan=search
The silence from those of us not affected by the green card process who are legal immigrants is annoyingly deafening. The entire economy has picked up now and yet legislation takes forever to pass!
What does it take for lawmakers to turn their heads? People holding placcards and signs on streets protesting? Is that the only way to have something heard? Obviously, written articles such as these isn't helping!
Dear Vatsa,
I'll tell you what it takes.
It takes strength, both in membership and money. And the former helps bring the latter.
Please help introduce a member to IV by Jan 15th. Help create our own voice (to break the annoying silence that you talk about).
Encourage others to participate in the Add ONE Member campaign started by IV.
Thank you.
The silence from those of us not affected by the green card process who are legal immigrants is annoyingly deafening. The entire economy has picked up now and yet legislation takes forever to pass!
What does it take for lawmakers to turn their heads? People holding placcards and signs on streets protesting? Is that the only way to have something heard? Obviously, written articles such as these isn't helping!
Dear Vatsa,
I'll tell you what it takes.
It takes strength, both in membership and money. And the former helps bring the latter.
Please help introduce a member to IV by Jan 15th. Help create our own voice (to break the annoying silence that you talk about).
Encourage others to participate in the Add ONE Member campaign started by IV.
Thank you.
kannan
11-17 12:42 PM
Hi
Just now I noticed my previous H1 renewal papers,In that My first H1 expired on Feb 20 2002. My previous employer applied the extension and got the approval but Receipt date on that application was Feb 26 2002, (Six days after the first H1 expired date) and got approved in Jun 2002 .Is it a problem,I never went outside US after I came here.Now I am in AOS status....
Just now I noticed my previous H1 renewal papers,In that My first H1 expired on Feb 20 2002. My previous employer applied the extension and got the approval but Receipt date on that application was Feb 26 2002, (Six days after the first H1 expired date) and got approved in Jun 2002 .Is it a problem,I never went outside US after I came here.Now I am in AOS status....
AllIzzWell
05-03 04:13 PM
austingc,
Thank you for the advise.
My wife has already gone to the consulate and got her stamping. So she is out of the loop, its only me who needs the stamp.
To put my question in a different way:
Will the consulate cancel/stops/statusquo my wifes H4 visa as the H1B is in "Admin Processing"?
Thanks again.
Thank you for the advise.
My wife has already gone to the consulate and got her stamping. So she is out of the loop, its only me who needs the stamp.
To put my question in a different way:
Will the consulate cancel/stops/statusquo my wifes H4 visa as the H1B is in "Admin Processing"?
Thanks again.
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