Saturday, July 23, 2011

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  • payal_nag
    02-26 12:44 PM
    Hello All,

    I have a few questions for the group. I have an approved labor and I-140 in EB3 category with a 2005 priority date. My 7th year H1 expires on May 11 2007 and my company has already filed for my 3 year H1 extension based on my approved I-140 which will be valid from May 2007 to May 2010. My questions are the following:
    1) Can I change my employer and keep my 2005 priority date if the new employer also agrees to file a fresh PERM app and I-140 for me?
    2) If I qualify for EB2 category, can my new employer file for I-140 in EB2 category and still maintain the old priority date?
    3) Since my current visa is valid till May 11 2007 and new visa will be valid from May 12 2007, can i start work for a new employer in April 2007 based on my new 3 year H1 or do I have to wait till May 2007 to start work on the new visa?


    Any help will be greatly appreciaited.

    Thanks





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  • TimeSaver
    05-19 07:39 PM
    No word from attorney, does any one have any concrete answer from previous experience or first hand knowledge?

    Thanks





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  • pnayak
    01-11 12:20 PM
    Hi All,

    I had a question regarding the relationship between the number h1b transfers and green card process. I've heard some people say that if you have transferred H1b to many companies then the green card process will be delayed because USCIS needs to be convinced that you will be continuing with the same employer. Is this true or does it really not matter how many times you change employers it doesn't effect the green card process.

    I have already transferred once. I am thinking of transferring one or possible two more times but am just worried about how this will effect the green card application process.

    Thanks,
    Purushotham Nayak





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  • ExtendedLEave
    12-27 05:23 PM
    My husband is currently employed on a H1 visa and I am on a H4 visa. Our current visas(H1 and H4) are valid till January 2013. We are Candadian permanent residents who plan on ultimately applying for green cards and settling down in the US. I am a newbie in this arena and have a few questions that I tried searching answers for but couldn't find anything conclusive and would appreciate any answers

    1) For various reasons can I stay back in the country for 4-6 months, while my husband goes back to Canada on the extended unpaid leave for the 4-6 months and comes back? Or if I leave with him now, can I come back after 6 months and stay here for 4-6 months? Are there any rules/regulations that prevent me from doing this. Please note that we live across the border in Canada and travel back/forth via car.

    2) My hubby is planning on taking an extended unpaid leave from work( for personal and not health related reasons) and his employer is OK with that. This could be as short as 3 months and could be as long as a year. During this time we will be going back to Canada. Do you know if this will create any issues with immigration currently or in the future? How long can this leave exist?

    3) If my husband ultimately comes back to a different job after this unpaid leave, will his chances of getting a visa for that new job be affected?

    4) If he wants to take an extended leave do we need to leave the country? Can we take an extended leave and stay in the country? Will we be violating any rules/regulations if we do that?

    5) Lets say we want to come back after 6 months, do we need to come back together?

    6) If we are in Canada for the next 6 months, can we keep taking weekend trips to visit our families in US?

    Would appreciate any information that anyone can provide on this.

    Thanks,
    ExtendedLeaveApplicant



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  • mishra_raj
    02-11 02:10 PM
    I think you are required to have passport valid atleast 6months after your interview

    "Valid passport. You are recommended to have passport valid for at least six months beyond your interview date."

    Check the link below

    https://www.vfs-usa.co.in/ApplnForms/RulesAndFees/RequiredDocuments.aspx

    So best would be to get your passport renewed here in US itself at your Regional Indian Consulate





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  • jediknight
    05-11 08:39 PM
    Jon Stewart, who knows a thing or two about irony, will create a two-hour special on a perfect target�the U.S. naturalization process�for History Channel, to air in the fourth quarter.
    http://www.broadcastingcable.com/article/231905-Jon_Stewart_to_Make_History_Special.php

    The Naturalized, to be produced by Busboy, Stewart's company, follows eight individuals through the bureaucratic morass of the U.S. Citizenship and Immigration Services. The special will also include interviews with undocumented and deported illegal immigrants.

    If we can contact busboy productions with our stories to make sure that atleast of one of the eight individuals is someone who is stuck in this EB backlog.

    Here is Jon's contact info at the daily show thedailyshow@comedycentral.com
    It would be great if someone can find the contact info for busboy productions too.

    Also, Please send email to the Daily Show and/or Colbert report to interview someone like Vivek Wadhwa to explain to their viewers the how this behavior hurts America.
    thedailyshow@comedycentral.com
    http://www.comedycentral.com/help/questionsCC.jhtml



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  • indyanguy
    03-12 05:34 PM
    I think that thread was closed by Admins for some reason





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  • cnachu2
    04-01 12:14 PM
    Hi,

    I am planning to send papers to my father, but i am Not able to see appointments available dates for Visitor Visa in Hyderabad. Always it says not available. Did any one see the dates, if so please let me know how i can check for the same. Now i am checking from https://www.vfs-usa.co.in/Frame.aspx?param=2AP4EtDeINaUTjC+6mQpXWTiohGYtRyA4 rzNQQlVUYCAkw0vmE5cfJtSUotlweZu

    Thank You,
    Chandra.



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  • panky72
    06-11 02:05 PM
    can i do it by myself.
    please guide me to the right thread or if you can mention what documents i would need to apply for new AP along with the renewal of EAD

    see this thread
    http://immigrationvoice.org/forum/showthread.php?t=18737





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  • Berkeleybee
    04-12 11:04 PM
    http://www.newsobserver.com/104/story/427793.html

    gc_check are you paying attention? :) That is already linked there.



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  • ajay
    02-23 12:08 PM
    Gurus,

    I am considering switching my employer.

    Currently I have I-140 and labor for GC approved in 2006.
    Filed I-485 in July 2007.

    My current H-1B expires on December 2009. (9 years on H-1B.... ya that long)

    Based on my AC-21 portability after 180 days of I-140 approval, if I move to a new employer and file H-1B transfer, will I get default approval of only upto December 2009, or can I get 3-year extension based on my I-140 approval?

    Appreciate your answers in advance.

    Thanks,
    Optimizer
    You can get 3 years extension based on your approved I140. Please consult a lawyer before jumping into conclusions though.





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  • blue_chi
    09-09 02:52 AM
    FORMAT YOUR PC AND TRY INSTALLATION AGAIN!













    lol ;)



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  • vs116
    01-28 05:00 PM
    Members would need this info when they change jobs (pre perm labors).





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  • Dhundhun
    05-02 11:48 PM
    Has anyone paper filed for renewal of EAD and AP together?
    I am trying to file these together wanted to know if i can fedex both the applications together in the same package.
    Please advise.

    Same Fedex is OK, but make two packets.



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  • raj2007
    06-13 11:25 PM
    My husband is in the same position too.He is a fellow and got a job to start in 2008 july.lc dne.i 140 pending..
    Can he file for i 485....ead for a future job...this has been in our head since this evening....cant wait till tomorrow morning to ask the lawyer:rolleyes:
    can any1 explain this?
    thanks.
    CONGRATS to all to can file for i 485


    Yes he can do this..





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  • bombay707
    11-16 08:34 AM
    Hi,

    I lost my job on 7th Nov 2008. On the same day I received the offer letter & my H1 transfer was applied by the new company. This new company goes by rules, so they are waiting for the H1 receipt. They have not applied H1 trasnfer in premium processing.

    My questions are,

    1.) What time is it taking to get a receipt by USICS? (NON Premium Processing - I�m in NY City - so probably Vermont Center)

    2.) Do we have any rule in written (Official), that as soon u apply for transfer, without getting the receipt; you can work for the new employer?
    (So I can show it to my new employer)

    3.) Can I follow with USICS? Have they received my application for transfer? How to contact them? What reference should I give them, to find my application? (I don�t have tracking number - FedEx receipt)

    4.) What is the time taken for the H1 Paper, to be delivered after receipt, by USICS?

    Trust me this is so frustrating, U can�t join because of all this paper work.

    Please respond ASAP.

    NOTE: Also please let me know , when u had applied the same.



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  • redelite
    10-06 05:02 PM
    ....aaaaaaaaand to Temp for the idea ;)





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  • gconmymind
    08-26 04:33 PM
    A friend of mine told me that we do not have to pay Social Security Tax while working on EAD. Does anybody know if this is true ?

    That would be a huge plus in case its true.

    Your friend may have confused 485 based EAD with F1 OPT based EAD. On F1, you do not pay SS or Medicare. On AOS based EAD, you do need to pay SS/Medicare taxes.





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  • AllVNeedGcPc
    05-12 10:59 AM
    Your PD is already current now:
    Visa Bulletin For June 2011 (http://www.travel.state.gov/visa/bulletin/bulletin_5452.html)

    Hi all

    My I-485 is pending(EB-3,India)since 2007. I changed employer & successfully ported PD on new I-140 approval in EB-2 category. My PD is in Oct 2006 & I expect that to become current in the coming few months.

    Now, I need to do Interfiling to link my pending I-485 to my new I-140.

    (1) What all documents/wordings are required for interfiling? Can someone pls provide a checklist?

    (2) Who should do Interfiling- Myself or "Attorney of File" on my original I-485 or my current attorney (who did my new I-140)?

    (3) Can I send my Interfiling request to USCIS even before my PD becomes current?


    Thanks
    Sameer





    Blog Feeds
    11-08 03:30 PM
    Delaware Immigration Lawyer Blog Has Just Posted the Following:


    Foreign physicians who received medical training in J-1 program must either return to their country or obtain a waiver before they can apply for an immigration visa, or change to almost any other nonimmigrant status. A J-1 waiver can be granted when the physician commits to practice medicine in an underserved area of the United States for at least three years. An area that is designated as Health Professional Shortage Area, Medically Underserved Area/Population or a VA facility normally qualify such requirement.

    J-1 waiver applicants first submit their application (DS-3035) to DOS (Department of State) processing center. Subsequently, the applicants and the sponsoring employer must submit all information to IGA (Interested Government Agency) which will review the application and then forward the recommendation to DOS Waiver Review Division (WRD). After WRD issued its own recommendation, the case will be forwarded to USCIS for final decision.

    J-1 waiver once granted, the physician will work in H-1b status. Therefore, J-1 waiver applicants must also qualify for H-1b requirements. As soon as WRD issued its recommendation, H-1b application can be submitted so that it can be adjudicated with the J-1 waiver application.

    IGA can be a state department of health or any other federal agency, including Department of Veterans Affairs, the Appalachian Regional Commission, Delta Regional Authority and US Department of Health and Human Services.

    Please also see State of Delaware website for more information: http://dhss.delaware.gov/dhss/dph/hsm/j1visahome.htmlhttps://blogger.googleusercontent.com/tracker/1142140030762969806-7761603453596008712?l=deimmigration.blogspot.com


    More... (http://deimmigration.blogspot.com/2009/11/j-1-waivers-for-foreign-physician.html)





    bhagat69
    03-06 05:41 PM
    Hi, I am actually in a similar boat as you. Though I have an April 2006 PD for EB3 and am now on EAD as well.

    Question1: Is it better to try and port my EB3 to EB2 with a different employer. Isn't GC for future employment ? If so, can't I negotiate with another employer and file new labour under EB2 and try and port my priority date from EB3 ? Also, if I do this will my current employer find out ?

    Questions2: What is the process for porting EB3 to EB2 without current employer finding out ? What documents are required ? My current employer is not going to give me a copy of my I-140 or my Labour Cert. All I have is the receipt notice of my I-485 filing and my AP/EAD documents.

    Questions3: Is it possible that since there are so many India EB2 applicants and fewer India EB3 applicants that it is better to stick with EB3 April 2006 PD ? Dosen't a seperate quota get allocated to EB3 than that which gets allocated to EB2 each year or will EB3 always be behind EB2? Please advise.

    I will really appreciate someone who has experience with these issues to advise me on them.



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