Green Card Aspirant
03-25 06:45 PM
Are we allowed to apply for H1 B Extension with Premium before 6 months of Current H1 B expiry in this current situation
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thomachan72
01-25 03:47 PM
Returning to the US after living abroad for 9 years and need to know what is the best process for my wife to re-apply for green card.
History:
My wife and I have been married for 20 years, own a home in the US and have one child who holds a US passport. While living in the US my wife held a Green Card. However, when we moved she surrendered the card. Now we are returning to the US and she need to get the Green Card once again. Does she need to apply as if this is the first time or is there an application or process for previous residents or Green Card holders?
Thank you for any and all help you can provide.
cheers,
JakeJake, am not sure but have heard from some previous GC holders that once you surrender then it is very difficult to get it back. She might have to start all over again. Have u checked with any attorney regarding this?
History:
My wife and I have been married for 20 years, own a home in the US and have one child who holds a US passport. While living in the US my wife held a Green Card. However, when we moved she surrendered the card. Now we are returning to the US and she need to get the Green Card once again. Does she need to apply as if this is the first time or is there an application or process for previous residents or Green Card holders?
Thank you for any and all help you can provide.
cheers,
JakeJake, am not sure but have heard from some previous GC holders that once you surrender then it is very difficult to get it back. She might have to start all over again. Have u checked with any attorney regarding this?
kprgroup
12-28 10:05 AM
Background OF Myself
----------------------
a) Worked for Company A from 2003 to 2008.
b) Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
c)September 2008 I have Joined employer �B� by transferring H1B (Valid until Aug 2010).
d) Employer A revoked 140 which triggered 485 denial in October 2008.
e)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.
f)Applied AP & EAD renewal ,got a EAD card September 2010
g) Since EAD extension got delayed I have applied H1-B Renewal August 1st week of 2010 and got a RFE now asking for proof how beneficiary qualify to extend beyond six years?
Question
I think the I140 revoked and 485 denial back in 2008 triggered the RFE. (Though MTR approved and 485 is pending)
1)I have EAD approved and it�s valid until 2012 September .Is it possible can we withdraw HI-B Petition application when they request RFE?
2)Can I have any chance of explain USCIS, by this rule below?
��USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c) ��
Thanks
KPR
----------------------
a) Worked for Company A from 2003 to 2008.
b) Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
c)September 2008 I have Joined employer �B� by transferring H1B (Valid until Aug 2010).
d) Employer A revoked 140 which triggered 485 denial in October 2008.
e)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.
f)Applied AP & EAD renewal ,got a EAD card September 2010
g) Since EAD extension got delayed I have applied H1-B Renewal August 1st week of 2010 and got a RFE now asking for proof how beneficiary qualify to extend beyond six years?
Question
I think the I140 revoked and 485 denial back in 2008 triggered the RFE. (Though MTR approved and 485 is pending)
1)I have EAD approved and it�s valid until 2012 September .Is it possible can we withdraw HI-B Petition application when they request RFE?
2)Can I have any chance of explain USCIS, by this rule below?
��USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c) ��
Thanks
KPR
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Blog Feeds
11-01 09:10 AM
According to a recent USCIS guidance an employer may not hire an H-1B worker prior to USCIS approving the H-1B petition unless the employee (i) is currently in H-1B status, or (ii) is the beneficiary of a timely filed H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) extension of status petition. If the employee is in another nonimmigrant status, such as F-1 (student) or L-1 (intracompany transfer), the employer must wait until USCIS approves the H-1B petition before hiring the foreign worker.
Under section 214(n) of the Immigration and Nationality Act, a worker who "was previously issued a visa or otherwise provided [H-1B] nonimmigrant status" is authorized to begin working upon the filing of an H-1B petition by his or her new employer. This provision is often referred to as H-1B portability. Congress passed the law to allow employers to hire H-1B workers without having to wait for the government to adjudicate the H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html), a process that can often take several months.
The issue was raised to the USCIS Verification Division after employers received nonconfirmations from the E-Verify system when they hired H-1B workers under H-1B portability and the workers were not, at the time of hire, in H-1B status, or were not the beneficiaries of H-1B extension petitions. In the exchange, the USCIS Verification Division stated that the agency does not consider those employees to be work authorized. Please contact our office for further information.
More... (http://www.visalawyerblog.com/2010/10/h1b_visa_attorney_guidance_reg.html)
Under section 214(n) of the Immigration and Nationality Act, a worker who "was previously issued a visa or otherwise provided [H-1B] nonimmigrant status" is authorized to begin working upon the filing of an H-1B petition by his or her new employer. This provision is often referred to as H-1B portability. Congress passed the law to allow employers to hire H-1B workers without having to wait for the government to adjudicate the H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html), a process that can often take several months.
The issue was raised to the USCIS Verification Division after employers received nonconfirmations from the E-Verify system when they hired H-1B workers under H-1B portability and the workers were not, at the time of hire, in H-1B status, or were not the beneficiaries of H-1B extension petitions. In the exchange, the USCIS Verification Division stated that the agency does not consider those employees to be work authorized. Please contact our office for further information.
More... (http://www.visalawyerblog.com/2010/10/h1b_visa_attorney_guidance_reg.html)
more...
saketkapur
07-14 11:42 AM
Hi
I filed my I-485 in July last year. My PD is EB2-Feb 2007. I could not file for my wife since she is pursuing her medical residency on a J1 visa with the 2 year HRR requirement.
My queries are as follows:
1. For the interfiling to happen does she need to be done with her J1 waiver or even when she is pursuing it as that is a H1B visa?
2. If I get my green card before she is done with her waiver then can I still file for her later or will her case then be treated as a family based petition?
I will really appreciate if somebody can provide some insight regarding the same.
regards
Saket Kapur
I filed my I-485 in July last year. My PD is EB2-Feb 2007. I could not file for my wife since she is pursuing her medical residency on a J1 visa with the 2 year HRR requirement.
My queries are as follows:
1. For the interfiling to happen does she need to be done with her J1 waiver or even when she is pursuing it as that is a H1B visa?
2. If I get my green card before she is done with her waiver then can I still file for her later or will her case then be treated as a family based petition?
I will really appreciate if somebody can provide some insight regarding the same.
regards
Saket Kapur
hcard
05-21 09:25 AM
Senate Floor to Start Debating the Emergency Iraq War Supplemental Spending Bill This Morning
As reported earlier, the immigrant community has a huge stake at this bill because of the immigration bill amendments attached to this bill by the Senate Appropriations Committee. The Democratic leadership intends to push this legislative bill and pass it before they go into a Memorial holiday break. There are two challenges ahead for this legislation. One is the right wing Republican Senators who declared their plan to engage in a cat-and-dog fight against this bill, particularly AgJOBS bill of Senator Feinstein which they consider an amnesty bill. The drama of confrontation between the Democratic majority and the Republican minority will unfold in the form of cloture motion to be pushed by the Democrats and the Repulicans attempt to block the motion and to introduce amendments to kill the controvertial amendments. We do not know how Sen. Ted Kennedy's hospitalization will affect in the drama. As people know it, Sen. Kennedy is diagnosed with a brain tumor and his availability in the Senate floor activities remains open at this point. Aside from this challenge, there is another challenge ahead on the other side in the Beltway. It is the White House. Reportedly, President Bush has expressed his intention to veto this bill because of the conditions attached to this bill on the Iraq War. We should hold breath for the next 10 days to watch how all of the drama will unfold and in what way, the curtain will pull down.
http://www.immigration-law.com/Canada.html
As reported earlier, the immigrant community has a huge stake at this bill because of the immigration bill amendments attached to this bill by the Senate Appropriations Committee. The Democratic leadership intends to push this legislative bill and pass it before they go into a Memorial holiday break. There are two challenges ahead for this legislation. One is the right wing Republican Senators who declared their plan to engage in a cat-and-dog fight against this bill, particularly AgJOBS bill of Senator Feinstein which they consider an amnesty bill. The drama of confrontation between the Democratic majority and the Republican minority will unfold in the form of cloture motion to be pushed by the Democrats and the Repulicans attempt to block the motion and to introduce amendments to kill the controvertial amendments. We do not know how Sen. Ted Kennedy's hospitalization will affect in the drama. As people know it, Sen. Kennedy is diagnosed with a brain tumor and his availability in the Senate floor activities remains open at this point. Aside from this challenge, there is another challenge ahead on the other side in the Beltway. It is the White House. Reportedly, President Bush has expressed his intention to veto this bill because of the conditions attached to this bill on the Iraq War. We should hold breath for the next 10 days to watch how all of the drama will unfold and in what way, the curtain will pull down.
http://www.immigration-law.com/Canada.html
more...
alisa
06-21 11:36 AM
^^
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immigration1234
07-24 07:43 PM
Hi,
I am trying to fill the G325 Application. I have one field left to fill Alien Registration Number. Is this the I-94 number or any other number on the Visa or any other document?
I would really appreciate your help!
Thank you very much!
I am trying to fill the G325 Application. I have one field left to fill Alien Registration Number. Is this the I-94 number or any other number on the Visa or any other document?
I would really appreciate your help!
Thank you very much!
more...
jimmar
05-05 09:26 AM
My prevailing wage request for PERM was submitted on March 17, got the approval with in 30 days.
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Blog Feeds
11-09 03:40 PM
Immigration Visa Attorney Blog Has Just Posted the Following:
The H-1B quota is slowing reaching its limit. The so-called advanced degree cap is now full and approximately 53,800 cases have been counted against the 65,000 allocated to the regular cap. USCIS has advised that those wishing to be counted against this year's cap should submit their applications as soon as possible.
A lot has been said about how much longer the H-1B quota has lasted this year. There's a been a lot of speculation about the reasons why the quota is still open. It's pretty obvious that the economic situation has led to a reduced number of filings, but less people talk about the other reason. USCIS is generally pretty skeptical about the H-1B program, believing that many candidates for H-1B are filing marginal cases. This has increased the number of requests for evidence that USCIS has issued this season as well.
While the open cap provides an opportunity for a late-season submission, H-1B applicants and their employers should be well aware of the scrutiny they may have to endure. Working with advocates like the attorneys at Fong & Chun, LLP will ensure that you have a candid opinion before you make the decision to file an H-1B and how you can make a difference in your chances by simply being educated about the H-1B process.
Anyone wishing to file an H-1B case should call the attorneys at Fong & Chun, LLP for a free consultation and realistic assessment of their case. ---ecf
More... (http://www.immigrationvisaattorneyblog.com/2009/11/h1b-quota-advanced-degree-cap.html)
The H-1B quota is slowing reaching its limit. The so-called advanced degree cap is now full and approximately 53,800 cases have been counted against the 65,000 allocated to the regular cap. USCIS has advised that those wishing to be counted against this year's cap should submit their applications as soon as possible.
A lot has been said about how much longer the H-1B quota has lasted this year. There's a been a lot of speculation about the reasons why the quota is still open. It's pretty obvious that the economic situation has led to a reduced number of filings, but less people talk about the other reason. USCIS is generally pretty skeptical about the H-1B program, believing that many candidates for H-1B are filing marginal cases. This has increased the number of requests for evidence that USCIS has issued this season as well.
While the open cap provides an opportunity for a late-season submission, H-1B applicants and their employers should be well aware of the scrutiny they may have to endure. Working with advocates like the attorneys at Fong & Chun, LLP will ensure that you have a candid opinion before you make the decision to file an H-1B and how you can make a difference in your chances by simply being educated about the H-1B process.
Anyone wishing to file an H-1B case should call the attorneys at Fong & Chun, LLP for a free consultation and realistic assessment of their case. ---ecf
More... (http://www.immigrationvisaattorneyblog.com/2009/11/h1b-quota-advanced-degree-cap.html)
more...
chanduv23
09-16 01:34 AM
If people are dreaming about jobs on EAD - they are in for s rude shock - they will realise what is in store for them
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vinoddas
02-11 11:13 AM
Hi,
I got married in 2008, but my wife came with me to the US in Dec 2009. I got married while my I485 was pending due to priority date backlog. I understand that I can add her to my I485 application when my priority dates are current (Jan 17 06). My questions are:
1. How many days do I have to file after my priority dates are current (in case I do get my green card in the interim)?
2. She being a non-Australian born Australian citizen can legally work in this country on a special E3 visa. But I am not sure whether she can be added on my green card application while working on the E3 visa? If thats not possible, the only 2 ways she can work and be added o GC is to apply for H1b (probably not available till October '10) or wait till my priority date is current, file for I485 and EAD and wait for that?
Thanks a lot in advance for any help regarding this.
-Vinod
I got married in 2008, but my wife came with me to the US in Dec 2009. I got married while my I485 was pending due to priority date backlog. I understand that I can add her to my I485 application when my priority dates are current (Jan 17 06). My questions are:
1. How many days do I have to file after my priority dates are current (in case I do get my green card in the interim)?
2. She being a non-Australian born Australian citizen can legally work in this country on a special E3 visa. But I am not sure whether she can be added on my green card application while working on the E3 visa? If thats not possible, the only 2 ways she can work and be added o GC is to apply for H1b (probably not available till October '10) or wait till my priority date is current, file for I485 and EAD and wait for that?
Thanks a lot in advance for any help regarding this.
-Vinod
more...
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clif
06-17 04:08 PM
Dude, don't ask why. Just do what your attorney (if you have one) is asking you to do. My attorney asked for all pages of all passports (current and expired).
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shana04
05-18 07:55 PM
Shana, Better yet update the RFE page on the wiki. The page will be there easily accessible and you will not have the burden of keeping this thread alive.
http://immigrationvoice.org/wiki/index.php/Request_For_Evidence
If you prefer, you can start a new page on the wiki with the title "Common RFEs" or something like that. If you need help updating the wiki just holler and will help.
Thank you friend,
I have updated IV wiki for common RFE's during I-485 stage
Here is the link.
http://immigrationvoice.org/wiki/index.php/Green_Card
http://immigrationvoice.org/wiki/index.php/Request_For_Evidence
If you prefer, you can start a new page on the wiki with the title "Common RFEs" or something like that. If you need help updating the wiki just holler and will help.
Thank you friend,
I have updated IV wiki for common RFE's during I-485 stage
Here is the link.
http://immigrationvoice.org/wiki/index.php/Green_Card
more...
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st_2006
05-05 03:18 PM
Mine was applied on 20th April. Still waiting.
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ramus
08-20 09:28 AM
Not sure why you creating same thread again..
Here is old thread from you..
http://immigrationvoice.org/forum/showthread.php?t=12542
Here is old thread from you..
http://immigrationvoice.org/forum/showthread.php?t=12542
more...
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Ruta
07-28 01:34 PM
sorry for my ignorance.. But is that again July 2nd (receipt date on my application) or date they issue me Receipt #?
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freddyCR
January 3rd, 2005, 04:20 PM
A little composition. Comments welcome
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chem2
08-11 03:52 PM
this link says that minors over 14 need to sign their own forms.
please verify this with your lawyer or official I-485 instructions (you should be able to find instructions on the uscis website) before you use this as gospel!
http://www.hooyou.com/news/news081007sign.html
please verify this with your lawyer or official I-485 instructions (you should be able to find instructions on the uscis website) before you use this as gospel!
http://www.hooyou.com/news/news081007sign.html
karan2004m
10-26 02:07 PM
Is anyone in same BOAT?
I got EAD cards at my new address, but no FP notice yet. Have I missed that or USCIS might not have sent it yet?
How can i check, Can i check the status online for FP ?
Is there any way ?
I got EAD cards at my new address, but no FP notice yet. Have I missed that or USCIS might not have sent it yet?
How can i check, Can i check the status online for FP ?
Is there any way ?
clif
06-17 04:08 PM
Dude, don't ask why. Just do what your attorney (if you have one) is asking you to do. My attorney asked for all pages of all passports (current and expired).
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