sbvw76
04-21 03:13 PM
depends on whether you are on L1B or L1A. On L1A - i have seen many GCs getting approved (from 140 filing to GC in hand) in 6 months or less.
of course - your lawyer and/or employer needs to ascertain whether your role here and also in the country where you were employed by same employer qualifies you for EB1C filing or not.......
Of course, this is not legal advice but only anecdotal experience
If you are in L1A, your company can file in EB1 which is current for all countries. If you are in L1B, then go for H1B. Because Only H1B can be extended beyond 6 years.
of course - your lawyer and/or employer needs to ascertain whether your role here and also in the country where you were employed by same employer qualifies you for EB1C filing or not.......
Of course, this is not legal advice but only anecdotal experience
If you are in L1A, your company can file in EB1 which is current for all countries. If you are in L1B, then go for H1B. Because Only H1B can be extended beyond 6 years.
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GC_1000Watt
01-23 12:07 AM
Hi,
My H1B extension got denied, I have n't got the denial notice yet. Can someone please advice what options do i have with out going out of status? and how long i can stay in this country?. My current I94 expired in sept 2009.
Please advice.
My situation was same. Upon getting denial notice me and my employer talked to Murthy and on there suggestion we filed a fresh extension petition with all documents. We filed under premium processing and I got approved H1B with I-94 in 10 days.
I suggest you to consult with a highly recognized immigration lawyer and based on your denial reasons act accordingly.
You can also appeal against denial, but then you can't work and there is no premium processing in appeal. You might have to wait for many a days.
Consulting with a lawyer will help you my friend. Good luck.
My H1B extension got denied, I have n't got the denial notice yet. Can someone please advice what options do i have with out going out of status? and how long i can stay in this country?. My current I94 expired in sept 2009.
Please advice.
My situation was same. Upon getting denial notice me and my employer talked to Murthy and on there suggestion we filed a fresh extension petition with all documents. We filed under premium processing and I got approved H1B with I-94 in 10 days.
I suggest you to consult with a highly recognized immigration lawyer and based on your denial reasons act accordingly.
You can also appeal against denial, but then you can't work and there is no premium processing in appeal. You might have to wait for many a days.
Consulting with a lawyer will help you my friend. Good luck.
chanduv23
06-19 10:15 AM
Here is a recap from Murthy bulletin
USCIS Errors in Denying a Case
AILA Liaison requested that, where the USCIS denies a case in error, then the filing fee for a Motion to Reopen or appeal should be waived. It was suggested that the Ombudsman�s office needs to intervene in emergency cases, where time is of the essence.
Although the Ombudsman's office cannot adjudicate or approve a case, it believes that these channels may help in obtaining resolution via internal communications that recommend specific solutions.
It is important that the entire process with USCIS be followed in terms of filing the appeal or motion to reconsider (MTR) or other process. The CIS Ombudsman's office may attempt to intervene to resolve particular matters, but the individual or employer needs to follow the particular agency's guidelines and not miss any deadline or assume that the Ombudsman will resolve all legal concerns within a particular timeframe.
Folks - if we are not willing to help ourselves, we will have to go through these burden. So plese come forward.
If Authorities know about issues that are common and widespread - then necessary steps will be taken to correct them - otherwise we are all bound to suffer
USCIS Errors in Denying a Case
AILA Liaison requested that, where the USCIS denies a case in error, then the filing fee for a Motion to Reopen or appeal should be waived. It was suggested that the Ombudsman�s office needs to intervene in emergency cases, where time is of the essence.
Although the Ombudsman's office cannot adjudicate or approve a case, it believes that these channels may help in obtaining resolution via internal communications that recommend specific solutions.
It is important that the entire process with USCIS be followed in terms of filing the appeal or motion to reconsider (MTR) or other process. The CIS Ombudsman's office may attempt to intervene to resolve particular matters, but the individual or employer needs to follow the particular agency's guidelines and not miss any deadline or assume that the Ombudsman will resolve all legal concerns within a particular timeframe.
Folks - if we are not willing to help ourselves, we will have to go through these burden. So plese come forward.
If Authorities know about issues that are common and widespread - then necessary steps will be taken to correct them - otherwise we are all bound to suffer
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Jaime
06-13 01:58 PM
If you are on EB3 then you ARE retrogressed. The entire world (which includes Brazil) is retrogressed on EB3. Now, if you meant to write "EB2" then that's another story...
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Templarian
11-26 12:24 AM
:lol: Fixed. but I refuse to use a jpeg
BMS1
07-19 10:22 AM
My understanding is that to file for I-485 one needs to be in valid non-immigrant status (which your spouse does not have as of july 17th). After a valid I485 filing, there is a relief of 180 days as per 245(K). I could be wrong. It was a serious mistake not to have filed before July 16th. But nevertheless worth a try. If USCIS does not reject the filing, you need to be careful, not to let your spouse stay inside US beyond 180 days counting from July 16th. Since at a later stage, should the application be denied,a lot more can go wrong.
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webm
11-07 10:28 AM
No one knows the answer dude..you have to wait until your PD becomes current atleast...
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dixie
02-10 07:30 PM
I agree - the UK govt's policy statement, at least on the doctor's issue was clear : "We had a shortage earlier, therefore we needed foreign doctors. The shortage no longer exists, so we no longer need you. Please leave before mm-dd-yyyy". Contrast that with the US govts "we love your brains but hate your bodies policy" .. on one hand corporations cannot do without foreign skilled labor, at the same time folks like Lou FOULMOUTH and his cronies in congress and elsewhere cannot do without bashing them. In the tug-of-war between these two parties, we are left to rot on the sidelines - neither kicked out, nor allowed a rightful place to progress in society. If thats the case, why don't they simply remove the dual intent clause (and all those 1-yr / 3yr dole-outs aka extensions) from the H1-B program ? Thats better than having to live 15 years on an H1-B.
UK is at lease clear what is their immigration policy. I would like to have similar stand from US Govt where they come out and say in clear words "we don't want to in here" OR "Come here, work for 6 years and leave" OR "we cant you to stay and fix the GC process.
UK is at lease clear what is their immigration policy. I would like to have similar stand from US Govt where they come out and say in clear words "we don't want to in here" OR "Come here, work for 6 years and leave" OR "we cant you to stay and fix the GC process.
more...
zCool
12-04 02:42 AM
You were supposed to get 92$ / hr for a LC you applied for in 2001??
exactly what is it that you do/did?
exactly what is it that you do/did?
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boreal
02-25 08:02 PM
I would like to ask the same question but a bit more specific.
For someone who is an MBA (Finance) with 7-8 yrs of Financial and HR benefits experience who wants to move to IT or IT related field what would you advice would be the best field to move to or best certification to take ?
Thanks
Field to move to would probably be SAP/Oracle Financials/PeopleSoft ..
For someone who is an MBA (Finance) with 7-8 yrs of Financial and HR benefits experience who wants to move to IT or IT related field what would you advice would be the best field to move to or best certification to take ?
Thanks
Field to move to would probably be SAP/Oracle Financials/PeopleSoft ..
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houston2005
08-21 11:26 AM
It is my turn to receive the "Notice mailed welcoming the new permanent resident" today. My depenedents are yet to receive this mail. This forum, Immigration-law, Immigration portal by Rajiv Khanna and many other immigration lawyers' websites like Murthy's etc were very useful to understand the immigration laws.
I did everything myself (EB2-NIW - India) - I140, I485, AP and EAD and my PD (I140 RD) and I485 RD are 08-30-2005.
I did make a one time conribution of $100.00 to IV.
Thanks a lot. All the best to all.
Congrats.
Which service center did you applied to. I have similar PD (8/22/05) and EB2 NIW at TSC.
I did everything myself (EB2-NIW - India) - I140, I485, AP and EAD and my PD (I140 RD) and I485 RD are 08-30-2005.
I did make a one time conribution of $100.00 to IV.
Thanks a lot. All the best to all.
Congrats.
Which service center did you applied to. I have similar PD (8/22/05) and EB2 NIW at TSC.
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lyn
04-12 04:21 PM
I agree with gc_check this would avoid people getting into GC line in front of people have been waiting for years. Where is the link to submit comments?
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GCKaMaara
10-15 11:58 AM
I think that is the humanitarian parole......but there have been over aggressive officers at the POE who mix up the two......
My suggestion to you is use your H1B(if possible) or take an infopass and get an expedited AP.
I Second this idea.
My suggestion to you is use your H1B(if possible) or take an infopass and get an expedited AP.
I Second this idea.
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srh1
10-28 10:57 PM
Thanks for your reply it was helpful.
BUt can any one tell me do we have to be on payroll for at least 6 months after you get Gc or can we on and off payroll and still be with the same employer for what ever length of time we stick to the same employer who filed GC..
BUt can any one tell me do we have to be on payroll for at least 6 months after you get Gc or can we on and off payroll and still be with the same employer for what ever length of time we stick to the same employer who filed GC..
more...
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unseenguy
06-16 02:16 AM
Thank you so much for all your advice. I will let them know immediately. However, I have one more question. Is it better to apply the visa from a computer in Indonesia compare to I help them apply from my computer in the US or it really doesn't matter? I'm not sure if the embassy tracks IP address or probably has something against it. Just a thought because we're very careful not to mess it up.
If you prepare the application, you should sign as preparer and they as applicant. If they prepare it, only they need to sign.
If you prepare the application, you should sign as preparer and they as applicant. If they prepare it, only they need to sign.
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eb3retro
04-17 04:44 PM
I didnt sign this petition.
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mrdelhiite
08-07 09:30 AM
I have already filed on July 2nd.
i am sending my spouse's in the next few days.
I am doing:
i-485 - $ 325 + $70
i-131 - $170
i-765 - $180
using FEDEX delivery
to the following address:
Texas Service Center
4141 North St. Augustine Road
Dallas, TX 75227
If anyone think that I am wrong, please correct me.
Can you share the list of docs u are adding to her application ? Also where are u based and is there a reason why u selected TX ?
-M
i am sending my spouse's in the next few days.
I am doing:
i-485 - $ 325 + $70
i-131 - $170
i-765 - $180
using FEDEX delivery
to the following address:
Texas Service Center
4141 North St. Augustine Road
Dallas, TX 75227
If anyone think that I am wrong, please correct me.
Can you share the list of docs u are adding to her application ? Also where are u based and is there a reason why u selected TX ?
-M
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chi_shark
07-07 11:00 AM
as i experienced, almost all attorneys will ask you to file ac21. some attorneys charge as much as $1000 each time you change jobs... its ka-ching for them...
as for not wasting time when pd is currrent... i absolve you of that crime :-) jk... but IMHO you really cannot influence the outcome of this process by being quick on your part except ensuring continuation of the process...
as for the original question: you need not have to convince anyone about EAD... as someone else pointed out, the first page of the I-9 form states clearly that its illegal to discriminate based on immigration status... if you are in IT, there are umpteen examples of what you are trying to do (yours truly included)... just play it easy... best of luck...
with the lack of regulation on AC 21 law, each attorney's take different position when it comes to handling AC 21 cases, in my case the primary reason driven to file AC 21 is the small window of period available in getting I 485 adjudicated when the PD is current, so I don't want to loose time when the PD is current and get an RFE from USCIS and running back and forth to get the RFE responded before loosing PD, more over I took the 20 minute counselling with Murthy law firm and they advised to notify USCIS about employer change.Later I was fortunate that USCIS did not issue RFE(may be it helped USCIS by notifying them in advance and clear their doubt) and approve my I 485 when PD was current.
Cheers
Kris
as for not wasting time when pd is currrent... i absolve you of that crime :-) jk... but IMHO you really cannot influence the outcome of this process by being quick on your part except ensuring continuation of the process...
as for the original question: you need not have to convince anyone about EAD... as someone else pointed out, the first page of the I-9 form states clearly that its illegal to discriminate based on immigration status... if you are in IT, there are umpteen examples of what you are trying to do (yours truly included)... just play it easy... best of luck...
with the lack of regulation on AC 21 law, each attorney's take different position when it comes to handling AC 21 cases, in my case the primary reason driven to file AC 21 is the small window of period available in getting I 485 adjudicated when the PD is current, so I don't want to loose time when the PD is current and get an RFE from USCIS and running back and forth to get the RFE responded before loosing PD, more over I took the 20 minute counselling with Murthy law firm and they advised to notify USCIS about employer change.Later I was fortunate that USCIS did not issue RFE(may be it helped USCIS by notifying them in advance and clear their doubt) and approve my I 485 when PD was current.
Cheers
Kris
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SandeR2
03-26 04:10 AM
ow hell this is a big list XD may the best man win, there are allot of cool styles in there
hebbar77
03-15 02:14 PM
First thing is when u have higher salary , u got nothing to worry.
Next job tittle/description have to be similar in words not only in nature(becos USCIS officers are not tichnical folks, they just match words). Also it has to be in similar job code. This code is in the ETA* form filed during the labor phase by ur current employer.
But you can do AC21 with EAD or H1. H1 is safer than EAD.
Next job tittle/description have to be similar in words not only in nature(becos USCIS officers are not tichnical folks, they just match words). Also it has to be in similar job code. This code is in the ETA* form filed during the labor phase by ur current employer.
But you can do AC21 with EAD or H1. H1 is safer than EAD.
perm2gc
08-24 09:18 PM
http://immigrationvoice.org/forum/showthread.php?t=1540
TUESDAY, OCTOBER 24TH, 2006?Start being creative first.. dont just copy some captions and come up...
TUESDAY, OCTOBER 24TH, 2006?Start being creative first.. dont just copy some captions and come up...
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