wandmaker
11-30 10:04 AM
aries: when there is no front-log, it is usually two weeks to reach the employer... add your employer or attorney shipping... email delays.
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Prashanthi
08-27 02:04 PM
Dear Attorney,
Is there any minimum length of time to be on H4 before applying to H1.
Thanks
No minimum length of time, but i would wait for 90 days just to make sure that the USCIS does not say that you had an intent to change to H-1 when you entered the country and therefore you should have entered on a H-1b. Very remote possibility for them to determine that your entry into the country was based on wrongful intent. I would wait for 60 to 90 days to overcome this problem.
Is there any minimum length of time to be on H4 before applying to H1.
Thanks
No minimum length of time, but i would wait for 90 days just to make sure that the USCIS does not say that you had an intent to change to H-1 when you entered the country and therefore you should have entered on a H-1b. Very remote possibility for them to determine that your entry into the country was based on wrongful intent. I would wait for 60 to 90 days to overcome this problem.
jdshah
08-04 11:55 PM
My wife got EAD card while she was on H-4 (I am on h-1). She used it for few months. She got RFE for 485 for visascreen (for nurses). It looks like she will not be able to produce the visascreen certificate within the RFE date and after grace period (33 days after denial notice of RFE).
Now when she gets the denial notice for I-485, subsequently, the EAD status becomes invalid. in this case, what will be the staus?
H-4 or no staus?
Upon the denial, do i need to reapply for H-4 status or she gets the h-4 status automatically since she has H-4 and EAD evan though she used EAD in the past.
Currently on passport, the H-4 status expires on Feb 08.
Now when she gets the denial notice for I-485, subsequently, the EAD status becomes invalid. in this case, what will be the staus?
H-4 or no staus?
Upon the denial, do i need to reapply for H-4 status or she gets the h-4 status automatically since she has H-4 and EAD evan though she used EAD in the past.
Currently on passport, the H-4 status expires on Feb 08.
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dc2007
06-30 09:41 AM
Anybody please help me.. If its possible I want file PERM asap.
more...
vaishnavilakshmi
06-19 02:36 AM
Hi,
Eb2 Priority date (priority date-june2004) , I-140 approved
Eb3 priorty date (substituted labor with priorit date as feb2002) applied for I-140 on
1st jun 2007 .waiting for i-140 approval.
Should I file for i-485 on Eb2 where I-140 is already approved or use Eb3 where I-140 is pending but priorty date feb2002 ????????????
Attorneys and members,
please suggest me,i have only 1day left for decision,
vaishu
Eb2 Priority date (priority date-june2004) , I-140 approved
Eb3 priorty date (substituted labor with priorit date as feb2002) applied for I-140 on
1st jun 2007 .waiting for i-140 approval.
Should I file for i-485 on Eb2 where I-140 is already approved or use Eb3 where I-140 is pending but priorty date feb2002 ????????????
Attorneys and members,
please suggest me,i have only 1day left for decision,
vaishu
Blog Feeds
10-29 05:40 PM
Immigration Law from Houston Immigration Lawyer - Annie Banerjee Has Just Posted the Following:
Today's Wall Street Journal has their main front page article on how H-1B quotas have not been used up yet and argues that the market should dictate the numbers rather than Government quotas.
Arbitrary quotas have been ruled unconstitutional by all courts in every domestic affairs except for immigration law. You cannot have quotas for segregation or desegregation, for diversity in public education. You cannot have quotas at workplace. We read in Law School that quotas inherently violate due process. But I had to throw my constitution down my office window when I started practicing immigration law.
When the colonists came to America, there was no problem, no quotas. White Anglo Saxon Protestants could simply come and work. Then as more and more Italians and Chinese came in, restrictions began to be put in from 1875 onwards. Chinese were banned because they were "Coolie labor" for lewd and immoral purposes. After World War 1, the Congress restricted immigration to 2% of their nationality already settled in America. Since there were no non white people in the US at that time, most of Asia and Africa was shut out from the US. This was done to preserve the racial mix in the United States. Since then a lot of restrictive immigration Acts establishing arbitrary quotas were enacted and still valid today. The Permanent Residency Process has quotas in both Employment based and Family Immigration. So does the H-1B program for bringing in the brightest and the best.
These quotas have risen from anti Immigration and Xenophobic attitudes prevalent in America. As the Wall Street Journal points out, why should a very bright person from say India or China come to the US to be treated as a second class citizen, at the bottom of the social ladder? They would rather stay in their own country which are emerging economies. Yet, as the WSJ articles point out, 35% of Microsoft patents were developed by immigrants, and the person who developed Google News was an H-1B from India.
Those patents will just go to India, and someday the children or grandchildren of these anti immigration forces will seek immigration to India.
Contact Houston Immigration Lawyer (http://www.visatous.com), Annie Banerjee for more detailshttps://blogger.googleusercontent.com/tracker/8629098317507537197-3113598453464852981?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2009/10/quotas-in-immigration-law.html)
Today's Wall Street Journal has their main front page article on how H-1B quotas have not been used up yet and argues that the market should dictate the numbers rather than Government quotas.
Arbitrary quotas have been ruled unconstitutional by all courts in every domestic affairs except for immigration law. You cannot have quotas for segregation or desegregation, for diversity in public education. You cannot have quotas at workplace. We read in Law School that quotas inherently violate due process. But I had to throw my constitution down my office window when I started practicing immigration law.
When the colonists came to America, there was no problem, no quotas. White Anglo Saxon Protestants could simply come and work. Then as more and more Italians and Chinese came in, restrictions began to be put in from 1875 onwards. Chinese were banned because they were "Coolie labor" for lewd and immoral purposes. After World War 1, the Congress restricted immigration to 2% of their nationality already settled in America. Since there were no non white people in the US at that time, most of Asia and Africa was shut out from the US. This was done to preserve the racial mix in the United States. Since then a lot of restrictive immigration Acts establishing arbitrary quotas were enacted and still valid today. The Permanent Residency Process has quotas in both Employment based and Family Immigration. So does the H-1B program for bringing in the brightest and the best.
These quotas have risen from anti Immigration and Xenophobic attitudes prevalent in America. As the Wall Street Journal points out, why should a very bright person from say India or China come to the US to be treated as a second class citizen, at the bottom of the social ladder? They would rather stay in their own country which are emerging economies. Yet, as the WSJ articles point out, 35% of Microsoft patents were developed by immigrants, and the person who developed Google News was an H-1B from India.
Those patents will just go to India, and someday the children or grandchildren of these anti immigration forces will seek immigration to India.
Contact Houston Immigration Lawyer (http://www.visatous.com), Annie Banerjee for more detailshttps://blogger.googleusercontent.com/tracker/8629098317507537197-3113598453464852981?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2009/10/quotas-in-immigration-law.html)
more...
masti_Gai
01-19 03:55 PM
For EB2 & EB3 category people it is the Date on which Labor was filed.:)
For EB1 category people it is the Date on which I-140 was filed.:)
For EB1 category people it is the Date on which I-140 was filed.:)
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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
more...
speddi
07-13 02:44 PM
I was in the process of job change and the July fiasco happened and I was forced to stay with the company that filed my 485 (cannot change company for 6 months).
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katrina
06-15 04:53 PM
Here is my question. In my college days bacd in the early 90's and mid 90's, I used to work and worked with my original Social secuirty number. Another words, I was given pay checks. I paid taxes and got refunds as well. Obviouslly all illegal since I had no permission to work as I was on FI visa. Anyways, after graduating college, I got H1b visa. Now I am in my 9th year, and my labor and I140 have already been approved. So the question is, when I am called for my 485 interview, will they know that i worked illegally, will they have records of that. I also have a DWI. I think DWI is ok, as I have read many got their green cards after this. I am more concerned with my working illegally.
Just recentlly I was sued by Discover card. The judgement against me in teh court was for 10,000 +. I have paid half of it and will pay the rest in 6 months. Will that affect my Green Card.
Please eloborate.
Thanks!
You have to disclose and consult those question with your immigration lawyer since they will have a better answer for that particular problems and usually your lawyer will company you during the interview. If you've got lucky there will be no interview at all.
if you ever got out from US after violated your status and get back in, get a new I94 and never violated your status again after your last entry by working illegaly you should be fine.
Or if your total working hour is not over 180 days there is law if I'm not wrong part of ac21 that pardon that kind of violation as long as it's not more than 180 days.
Just recentlly I was sued by Discover card. The judgement against me in teh court was for 10,000 +. I have paid half of it and will pay the rest in 6 months. Will that affect my Green Card.
Please eloborate.
Thanks!
You have to disclose and consult those question with your immigration lawyer since they will have a better answer for that particular problems and usually your lawyer will company you during the interview. If you've got lucky there will be no interview at all.
if you ever got out from US after violated your status and get back in, get a new I94 and never violated your status again after your last entry by working illegaly you should be fine.
Or if your total working hour is not over 180 days there is law if I'm not wrong part of ac21 that pardon that kind of violation as long as it's not more than 180 days.
more...
fromnaija
07-29 02:43 PM
I am working on EAD, if it doesnt come in time any ideas about the FAX # which you need to send your request? I have already opened an expedite request for my EAD by calling USCIS customer service, I just need the fax # and the cover letter format. I heard that even if you take an info pass appointment, they dont issue an interim EAD , is that correct?
I don't know that of NSC, but for TSC the fax # for expediting EAD is 214.962.2632
I don't know that of NSC, but for TSC the fax # for expediting EAD is 214.962.2632
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kondur_007
02-19 05:48 PM
I am not familiar with the for I 130. But I can answer about 485:
Your non-immigrant visa number is the "number in red" (usually only number in red) on visa stamp that is usually in bottom right corner.
Did you find it??
Your non-immigrant visa number is the "number in red" (usually only number in red) on visa stamp that is usually in bottom right corner.
Did you find it??
more...
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fernandoamat
11-17 09:31 PM
I am a Spanish citizen and I am currently holding an F-1 visa with post-completion OPT that expires in 06/2011. I am working at a company in VA and I got married in Michigan to a US citizen in 09/2010.
My company is offering to sponsor me for an H1B visa in order to continue working here after 06/2011. I am also preparing all the paperwork to apply for a change of status to a green card through marriage (I-130/I-485). Can I submit the green card application at the same time as my company submits the H1B request?
I also have to travel outside the US on 05.2011. I know I would have to ask for advance parole in case of green card application or obtain an H1B visa stamp outside the US if the H1 has been processed. What is the best way to be able to travel abroad in these circumstances?
My company is offering to sponsor me for an H1B visa in order to continue working here after 06/2011. I am also preparing all the paperwork to apply for a change of status to a green card through marriage (I-130/I-485). Can I submit the green card application at the same time as my company submits the H1B request?
I also have to travel outside the US on 05.2011. I know I would have to ask for advance parole in case of green card application or obtain an H1B visa stamp outside the US if the H1 has been processed. What is the best way to be able to travel abroad in these circumstances?
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smuggymba
05-12 04:00 PM
I have ben working with employer A on an H1B ( even labor and I-140 approved, PD-April2009) and planning to apply for H1 transfer now through employer B.
After the transfer is approved for B, if I change my mind and decide to continue to work with curent employer A, can I do that ?
Thanks,
Kumar
u can stay with A, no problem.
After the transfer is approved for B, if I change my mind and decide to continue to work with curent employer A, can I do that ?
Thanks,
Kumar
u can stay with A, no problem.
more...
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amslonewolf
11-01 03:59 PM
I think you should send a copy of the 485 Receipt notice.. This is a classic, Right hand not knowing what the left hand does situation with USCIS..
I received an RFE for my EAD renewal.
It says "Please submit proof that you have filed an I-485 Application"
I have a copy of my receipt of I-485. Would that be enough to send? Why would they ask for proof of I-485? This is my second EAD renewal.
Please let me know.
Thanks.
I received an RFE for my EAD renewal.
It says "Please submit proof that you have filed an I-485 Application"
I have a copy of my receipt of I-485. Would that be enough to send? Why would they ask for proof of I-485? This is my second EAD renewal.
Please let me know.
Thanks.
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glus
10-21 06:53 AM
Certain felonies make a person inadmissible, which means no Green Card may be issued for such a person for either 15 years of indefinitely. You need to be more specific. Crimes of moral turpitude are inclusive. There are some limited waivers for some, but not all grounds of inadmissibility.
more...
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Blog Feeds
06-10 06:40 PM
H1B Visa Lawyer Blog Has Just Posted the Following:
The United States Citizenship and Immigration Service (USCIS) is seeking public comment on a proposed federal rule (http://www.federalregister.gov/OFRUpload/OFRData/2010-13991_PI.pdf) that would adjust most fees by 10% for immigration benefit applications and petitions.
USCIS is a fee-based organization with about 90% of its budget coming from fees paid by applicants and petitioners to obtain immigration benefits. The law requires USCIS to conduct fee reviews every two years to determine whether its costs to administer the nation�s immigration laws, process application, and provide the infrastructure needed to support those activities. A fee adjustment, as detailed in the proposed rule, is necessary to ensure that the USCIS recovers the cost of their operations while also meeting the application processing goals identified in the 2007 fee rule.
Members of the public are encouraged to submit comments and/or suggestions to USCIS.
Comments may be submitted through regulations.gov (http://www.regulations.gov/search/Regs/home.html#home). The comment period runs for 45 days, beginning June 11, 2010 and ending July 26, 2010.
Proposal to Adjust Fees for Immigration Benefits: Questions and Answers (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a36b3d5d65919210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
Proposal to Adjust Fees for Immigration Benefits: Fact Sheet (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=269d3d5d65919210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
Current and Proposed Immigration Fees can be found on the Fact Sheet provided above.
***All information has been taken from USCIS.GOV
More... (http://www.h1bvisalawyerblog.com/2010/06/news_release_uscis_seeks_publi.html)
The United States Citizenship and Immigration Service (USCIS) is seeking public comment on a proposed federal rule (http://www.federalregister.gov/OFRUpload/OFRData/2010-13991_PI.pdf) that would adjust most fees by 10% for immigration benefit applications and petitions.
USCIS is a fee-based organization with about 90% of its budget coming from fees paid by applicants and petitioners to obtain immigration benefits. The law requires USCIS to conduct fee reviews every two years to determine whether its costs to administer the nation�s immigration laws, process application, and provide the infrastructure needed to support those activities. A fee adjustment, as detailed in the proposed rule, is necessary to ensure that the USCIS recovers the cost of their operations while also meeting the application processing goals identified in the 2007 fee rule.
Members of the public are encouraged to submit comments and/or suggestions to USCIS.
Comments may be submitted through regulations.gov (http://www.regulations.gov/search/Regs/home.html#home). The comment period runs for 45 days, beginning June 11, 2010 and ending July 26, 2010.
Proposal to Adjust Fees for Immigration Benefits: Questions and Answers (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a36b3d5d65919210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
Proposal to Adjust Fees for Immigration Benefits: Fact Sheet (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=269d3d5d65919210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
Current and Proposed Immigration Fees can be found on the Fact Sheet provided above.
***All information has been taken from USCIS.GOV
More... (http://www.h1bvisalawyerblog.com/2010/06/news_release_uscis_seeks_publi.html)
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Pagal
04-29 07:47 AM
Hello,
Travisa SF is a small setup ... there is one lady who manages the show (and she may have an asst or two). Your best option is to visit their office in downtown ... somewhere near Market St, I remember.
I had good experience with them for UK visa a few years ago ... good luck!
Travisa SF is a small setup ... there is one lady who manages the show (and she may have an asst or two). Your best option is to visit their office in downtown ... somewhere near Market St, I remember.
I had good experience with them for UK visa a few years ago ... good luck!
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Blog Feeds
12-18 09:50 AM
As a California immigration lawyer who files many asylum cases, I am used to thinking of a the United States as a place of refuge and to documenting the horrible country conditions of other countries. I have successfully represented applicants for asylum who feared staying in their countries because while serving in their countries' armies, they were harmed on account of their sexual orientation.
It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.
The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.
It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.
More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)
It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.
The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.
It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.
More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)
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.
bhatt
05-21 11:31 AM
Hello,
Here's my situation:
H1b: 7th Year (valid through Nov 2009)
Labor: Approved
140: Approved
Category: EB2
Priority Date: Aug 2007
485/EAD: cannot file due to retrogression
I have a permanent employment offer from the employer where I am contracting, right now for the same job. Following are the questions I have:
1. Can I change my employer?
2. Can I retain my Priority date?
3. If the new employer files for transfer of H1, what does it mean to my extension beyond 7th year?
Please help.
Thank you.
U need to start the GC process all over again, unless ur current employer is willing to support you in filing the I-485 without revoking the I-140
Here's my situation:
H1b: 7th Year (valid through Nov 2009)
Labor: Approved
140: Approved
Category: EB2
Priority Date: Aug 2007
485/EAD: cannot file due to retrogression
I have a permanent employment offer from the employer where I am contracting, right now for the same job. Following are the questions I have:
1. Can I change my employer?
2. Can I retain my Priority date?
3. If the new employer files for transfer of H1, what does it mean to my extension beyond 7th year?
Please help.
Thank you.
U need to start the GC process all over again, unless ur current employer is willing to support you in filing the I-485 without revoking the I-140
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