zeal2005
03-02 01:31 PM
Its hard to say what is SAME OR SIMILAR. I am stuck up with the same issue. My GC was filed for the position of Software Engineer and I changed the job with same responsibilities but job title is Project Manager. My attorney is not comfortable with that even though the responsibiities are same in the new job.
Its better not take this AC21 path unless you are 100% sure that your new job is same as the old job.
Experts please advise.
Its better not take this AC21 path unless you are 100% sure that your new job is same as the old job.
Experts please advise.
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TheCanadian
11-09 10:32 PM
If you do submit all 600 of your buttons, can I bow out from judging?
Blog Feeds
07-21 04:00 AM
Immigration Law from Houston Immigration Lawyer - Annie Banerjee Has Just Posted the Following:
The fees for most CIS applications are astronomical. For instance the fee for N-400 to become a US Citizen is $675/- The fee for adjusting status to become a permanent resident is $1010/- Many people simply cannot afford that. However previously there were no forms and no guidelines to filing anything without fees with the CIS. If anyone filed a form and could not afford a fee, they had to write a letter. But the mailroom personnel at CIS either does not read or perhaps cannot read. So the form used to be returned asking us to send the check. You could go back and forth and in the mean time loose time or even status.
Even more egregious were fees paid due to CIS' mistake. For instance if the CIS in clear cut error denied your case, you had to file a motion to reopen for $585/- We even had a case once where the CIS collected a fee for a I-765 (EAD) filing for $340/- and lost the file. When we traced and send them the check, the reply was that my bank should ask for the money back. My bank, Bank of America, did not know how to. So we simply paid again and refiled.
Now the CIS is proposing a form: I-912 which will establish clear guidelines for fee waivers. Hopefully the form in its approved version will have no fee requirements for CIS' mistakes along with applications for applicants below the poverty level.
Don't just start spending the money that you were saving for the CIS fees yet though. Sometimes these forms take years to come to fruition. As for me, I will believe it when I ultimately see it.
For more information contact Houston Immigration Lawyer (http://www.visatous.com) or Houston Immigration Attorney (http://www.visatous.com), Annie Banerjeehttps://blogger.googleusercontent.com/tracker/8629098317507537197-902000485481309751?l=usimmigrationmatters.blogspot .com
More... (http://usimmigrationmatters.blogspot.com/2010/07/cis-going-to-issue-fee-waiver-form.html)
The fees for most CIS applications are astronomical. For instance the fee for N-400 to become a US Citizen is $675/- The fee for adjusting status to become a permanent resident is $1010/- Many people simply cannot afford that. However previously there were no forms and no guidelines to filing anything without fees with the CIS. If anyone filed a form and could not afford a fee, they had to write a letter. But the mailroom personnel at CIS either does not read or perhaps cannot read. So the form used to be returned asking us to send the check. You could go back and forth and in the mean time loose time or even status.
Even more egregious were fees paid due to CIS' mistake. For instance if the CIS in clear cut error denied your case, you had to file a motion to reopen for $585/- We even had a case once where the CIS collected a fee for a I-765 (EAD) filing for $340/- and lost the file. When we traced and send them the check, the reply was that my bank should ask for the money back. My bank, Bank of America, did not know how to. So we simply paid again and refiled.
Now the CIS is proposing a form: I-912 which will establish clear guidelines for fee waivers. Hopefully the form in its approved version will have no fee requirements for CIS' mistakes along with applications for applicants below the poverty level.
Don't just start spending the money that you were saving for the CIS fees yet though. Sometimes these forms take years to come to fruition. As for me, I will believe it when I ultimately see it.
For more information contact Houston Immigration Lawyer (http://www.visatous.com) or Houston Immigration Attorney (http://www.visatous.com), Annie Banerjeehttps://blogger.googleusercontent.com/tracker/8629098317507537197-902000485481309751?l=usimmigrationmatters.blogspot .com
More... (http://usimmigrationmatters.blogspot.com/2010/07/cis-going-to-issue-fee-waiver-form.html)
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sunny1000
10-07 08:21 AM
Hi All
I am on a B1 - Visa visited 4 times to USA.But last time (4th time) i over stayed for about 20 days after the i-94 expired.
Normally first 3 times they gave i-94 for 3 months, last time it is only for 2 months, so it's my mistake i haven't looked it till iam
back. All this happened in June 2009. Now i am aproved for H1 - B for the year 2010. I need to face a visa interview. In DS 156
Application, Question No 38. ( Have you ever voilated the terms of a U.S. Visa or Been unlawfully present in,........)
I am checking the option Yes. Can you all help me in this please. Does 20 days extra stay will effect my H1 - B visa or if i get
the Visa, when i go to USA on H1 - B Visa does immigration stop me. Please help me on this case. Thanks a lot for all your
help.
Please post this in the lawyers section so that the attorneys can respond.
I am on a B1 - Visa visited 4 times to USA.But last time (4th time) i over stayed for about 20 days after the i-94 expired.
Normally first 3 times they gave i-94 for 3 months, last time it is only for 2 months, so it's my mistake i haven't looked it till iam
back. All this happened in June 2009. Now i am aproved for H1 - B for the year 2010. I need to face a visa interview. In DS 156
Application, Question No 38. ( Have you ever voilated the terms of a U.S. Visa or Been unlawfully present in,........)
I am checking the option Yes. Can you all help me in this please. Does 20 days extra stay will effect my H1 - B visa or if i get
the Visa, when i go to USA on H1 - B Visa does immigration stop me. Please help me on this case. Thanks a lot for all your
help.
Please post this in the lawyers section so that the attorneys can respond.
more...
deafTunes123
03-12 09:22 AM
I am confused. Is it 120 days (4 months) or 90 days (3 months) before the expiry that one needs to apply for the EAD renewal.
lostinbeta
10-05 01:42 AM
=) Isn't learning fun!!!!:P
more...
ashrock11
07-22 09:25 AM
Hi,
Somewhat same situation. Can I travel after filing 485, I have not got the receipt yet. Although my H1B visa stamp is still valid.
Experts please advise.
Thanks
Somewhat same situation. Can I travel after filing 485, I have not got the receipt yet. Although my H1B visa stamp is still valid.
Experts please advise.
Thanks
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kk_kk
09-24 05:47 PM
If I understand correctly, once the I-140 is approved, the PD is fixed. Make sure you have all the details of your privious I-140.
you can take up new FT and once the new I-140 is approved and if EB2 July is current at that time, you can ask USCIS to apply that PD to your new I-140. Also the new I-140 needs to be with same or similar job duties / description.
HTH.
you can take up new FT and once the new I-140 is approved and if EB2 July is current at that time, you can ask USCIS to apply that PD to your new I-140. Also the new I-140 needs to be with same or similar job duties / description.
HTH.
more...
roseball
05-09 11:31 AM
Hi,
company A did H1B and H4 (both approval notices. No Visas stamped yet)
company B is doing H1b only. Can the dependent candidate stay on company A's sponsored H4 approval ?
sincerely appreciate any input
Thanks in Advance
No need to file H4 till her current H4 expires. As long as you are maintaining continuous H1 status (without gaps), H4 would remain active till its current validity even if primary H1 applicant changes jobs. You can file her H4 extension of stay petition 90 days in advance from the current H4 expiration date.
company A did H1B and H4 (both approval notices. No Visas stamped yet)
company B is doing H1b only. Can the dependent candidate stay on company A's sponsored H4 approval ?
sincerely appreciate any input
Thanks in Advance
No need to file H4 till her current H4 expires. As long as you are maintaining continuous H1 status (without gaps), H4 would remain active till its current validity even if primary H1 applicant changes jobs. You can file her H4 extension of stay petition 90 days in advance from the current H4 expiration date.
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mdipi
10-21 04:01 PM
yeah. did u do that in photoshop?
more...
go_guy123
11-15 01:14 PM
Too many times such stuff has been said and always proved to be hot gas from from some politicians mouth.
All this while EB suffers.
An illegal is still going to do a $8/hr job, whether you give him a green card or not. He is still not going to pay taxes because he will get paid in cash. All that will change is that the illegal will be able to send sponsorship for his 50,000 cousins and uncles.
EB will continue to suffer..as always.
illegals often pay tax actually. They work with fake (made up) ssn numbers and the tax
is sent to IRS under that SSN. Lately in bush 2nd term and now Obama they are sending no match letters because the sin umber and the date of birth and name that is reported to IRS does not match with what they have in their system.
However CIR is an impossible task in 2010. Other that some political show by Hispanic Caucus, it has no purpose.
All this while EB suffers.
An illegal is still going to do a $8/hr job, whether you give him a green card or not. He is still not going to pay taxes because he will get paid in cash. All that will change is that the illegal will be able to send sponsorship for his 50,000 cousins and uncles.
EB will continue to suffer..as always.
illegals often pay tax actually. They work with fake (made up) ssn numbers and the tax
is sent to IRS under that SSN. Lately in bush 2nd term and now Obama they are sending no match letters because the sin umber and the date of birth and name that is reported to IRS does not match with what they have in their system.
However CIR is an impossible task in 2010. Other that some political show by Hispanic Caucus, it has no purpose.
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eastwest
10-03 04:32 PM
I thought this will be a useful information to everyone.
My Case,
04/18/2008 -Applied EAD online
06/19/2008 -Status changes to "Approved" but no Notice sent.
07/20/2008 -Waited for 30 Days and called USCIS to open a Service Request.
07/24/2008 - Received EAD at home.
08/26/2008 - Received the letter from USCIS saying we have sent you the card but never received back or delivered to you hence concluding it is considered lost and if you need it, Please file for EAD again.
I called USCIS, Customer server rep said take an Infopass appointment to make sure it is valid.
Took the appointment, went USCIS on 09/10/2008.
Officer takes a look and tells me "Obviuosly you have EAD in your possession and unless you made it up on a color Laser printer, It is my fault that I have provided wrong information to USCIS and not waited for 30 days as I should have and I am there to pick up a fight with USCIS,bla bla bbla"
I remained very calm knowing he does not like his job but have to do it.
He is rude and clueless at the most why I am there. My first experience with USCIS, I dont think I want to go to their office again.
Finally conclusion he tell me "Once EAD is issued it remains VALID until you notify USCIS that it is lost or stolen or tempered with, USCIS DOES NOT take any proactive actions on EADs that are issued. Hence NO action is neccessary at this time"
Moral of Story is DO NOT go to USCIS if you receive such type of letter from USCIS after opening a service request for EAD.
I wasted a good amount of time and money just to take this BS.
Thanks
I hope this helps.
My Case,
04/18/2008 -Applied EAD online
06/19/2008 -Status changes to "Approved" but no Notice sent.
07/20/2008 -Waited for 30 Days and called USCIS to open a Service Request.
07/24/2008 - Received EAD at home.
08/26/2008 - Received the letter from USCIS saying we have sent you the card but never received back or delivered to you hence concluding it is considered lost and if you need it, Please file for EAD again.
I called USCIS, Customer server rep said take an Infopass appointment to make sure it is valid.
Took the appointment, went USCIS on 09/10/2008.
Officer takes a look and tells me "Obviuosly you have EAD in your possession and unless you made it up on a color Laser printer, It is my fault that I have provided wrong information to USCIS and not waited for 30 days as I should have and I am there to pick up a fight with USCIS,bla bla bbla"
I remained very calm knowing he does not like his job but have to do it.
He is rude and clueless at the most why I am there. My first experience with USCIS, I dont think I want to go to their office again.
Finally conclusion he tell me "Once EAD is issued it remains VALID until you notify USCIS that it is lost or stolen or tempered with, USCIS DOES NOT take any proactive actions on EADs that are issued. Hence NO action is neccessary at this time"
Moral of Story is DO NOT go to USCIS if you receive such type of letter from USCIS after opening a service request for EAD.
I wasted a good amount of time and money just to take this BS.
Thanks
I hope this helps.
more...
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IWannaBeHowdy
08-04 08:10 PM
Hello All,
I am currently in H1-B. My GC (EB2) is in progress sponsored by my company.
The I-40 is approved but me and my wife�s I-485 is still pending.
We both got our EADs, but we have never-ever used it. We just applied for it and kept the card.
My wife was also on H1-B through her own employment. She got laid off so she is losing her H1-B. Now I want to apply for her H4 as my dependant. Since she already has an EAD, will applying for H4 nullify the EAD? As I said earlier that she has never used her EAD however she plans to use it when she gets a new job.
Anybody in similar situation? Any remarks or suggestion would be greatly appreciated.
Thanks in Advance.
I am currently in H1-B. My GC (EB2) is in progress sponsored by my company.
The I-40 is approved but me and my wife�s I-485 is still pending.
We both got our EADs, but we have never-ever used it. We just applied for it and kept the card.
My wife was also on H1-B through her own employment. She got laid off so she is losing her H1-B. Now I want to apply for her H4 as my dependant. Since she already has an EAD, will applying for H4 nullify the EAD? As I said earlier that she has never used her EAD however she plans to use it when she gets a new job.
Anybody in similar situation? Any remarks or suggestion would be greatly appreciated.
Thanks in Advance.
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AZ_GC
08-22 06:20 PM
Your GC is future job based, if your current company agrees to sponsor your paperwork even after you do H-1 transfer then you might be able to pull it off. Otherwise it is i agree in the trash can.
more...
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belmontboy
09-15 09:33 AM
I've filed for the I-140 with EB-1 category in business, then additional evidence was requested and finally received a denial. I would like to know:
1. What are the chances to get approved after appealing? Depends on why it was denied
2. If I were to appeal can I present new evidence? yes you should, else why would you even appeal??
3. After filing the appeal, how long should I expect to receive an answer from DC office? should take atleast 4 months
4. If I ask for additional time before appealing, what are the chances that the additional time will be approved?
5. Is it better to appeal or to request a motion to reopen whenever I gather the new info to defend my case?
6. Do I have better chances if I skip both appealing and motion to reopen and focus on re filing a new case?Depends on why it was denied
Thanks.
Answer inline.
BTW what was the reason for denial?
1. What are the chances to get approved after appealing? Depends on why it was denied
2. If I were to appeal can I present new evidence? yes you should, else why would you even appeal??
3. After filing the appeal, how long should I expect to receive an answer from DC office? should take atleast 4 months
4. If I ask for additional time before appealing, what are the chances that the additional time will be approved?
5. Is it better to appeal or to request a motion to reopen whenever I gather the new info to defend my case?
6. Do I have better chances if I skip both appealing and motion to reopen and focus on re filing a new case?Depends on why it was denied
Thanks.
Answer inline.
BTW what was the reason for denial?
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immigrationvoice1
01-22 07:32 AM
...it makes sense totally...
more...
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Lisap
09-07 12:37 PM
I am a little confused after reading some of the posts on here.... What is your priority date based on? Is it the receipt date of your Labor cert or the approval date off your labor cert? Or neither? Thank you all
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nithinsurendran
04-10 11:48 AM
Hi,
My employer filed labor for me in October 2007. My labour got approved in Feb 2008. Can you please know when I can apply for the EAD? What are the pre-requisties to apply for an EAD.
Thanks a lot,
Nithin.
My employer filed labor for me in October 2007. My labour got approved in Feb 2008. Can you please know when I can apply for the EAD? What are the pre-requisties to apply for an EAD.
Thanks a lot,
Nithin.
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Blog Feeds
08-09 10:40 PM
We recently assisted a client from Johannesburg, South Africa, regarding an H-1B specialty occupation visa. He was approved for an H-1B visa, but in order for our client to enter the United States, he must obtain an H-1B visa in his passport. Because the chances of visa issuance vary greatly depending on documentation and individual circumstances, we suggested that he go to the interview at the U.S. consulate very well prepared. We told him to take a certified copy of his entire H-1B package that was filed with the Immigration Service, along with his Form I-797 Approval Notice. We also suggested that he take original birth certificates, marriage certificate, and proof of financial support. He attended the interview this morning and his experience at the U.S. consulate in Johannesburg, South Africa was documented as follows.
“My wife, myself and our son had our interview at the U.S. Consulate here in Johannesburg this morning, at 9:00am. We duly arrived at 8:30am, had our relevant DS documents checked at the door, took a number, and waited for the “call.” At promptly 9:00am we were called to a booth, where our fingerprints were taken, the DS forms checked with the original I-797 form, and then told to go and sit down again. 10 minutes later, we went back to the booth, had our fingerprints taken again, and that was it. All visas approved, and to pay DHL the delivery costs. No questions asked, no documents asked for, no requirement of proof of copies of documents, nothing. All in all a painless and easy task.”
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/SIuWhfoqaFk/)
“My wife, myself and our son had our interview at the U.S. Consulate here in Johannesburg this morning, at 9:00am. We duly arrived at 8:30am, had our relevant DS documents checked at the door, took a number, and waited for the “call.” At promptly 9:00am we were called to a booth, where our fingerprints were taken, the DS forms checked with the original I-797 form, and then told to go and sit down again. 10 minutes later, we went back to the booth, had our fingerprints taken again, and that was it. All visas approved, and to pay DHL the delivery costs. No questions asked, no documents asked for, no requirement of proof of copies of documents, nothing. All in all a painless and easy task.”
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/SIuWhfoqaFk/)
dilbert_cal
09-28 09:20 PM
I'm a mechanical engineering and also have an MBA degree.
I work as a support engineer.
My lawyers tell me that I cannot apply in EB2, since my Post grad degree is unrelated to my grad degree and so does not apply to my job.
Is this true?
Can I not file in EB2?
It is better to be slow and steady and get your GC late than try to be fast and never get it ( late and fast is based on the current timelines )
If your lawyer feels it is better to go for EB3, go for EB3. Education requirements are not checked at labor stage but at I-140 stage and if you get your I-140 denied, thats a lot of hassle and trouble.
I work as a support engineer.
My lawyers tell me that I cannot apply in EB2, since my Post grad degree is unrelated to my grad degree and so does not apply to my job.
Is this true?
Can I not file in EB2?
It is better to be slow and steady and get your GC late than try to be fast and never get it ( late and fast is based on the current timelines )
If your lawyer feels it is better to go for EB3, go for EB3. Education requirements are not checked at labor stage but at I-140 stage and if you get your I-140 denied, thats a lot of hassle and trouble.
wizard
10-04 12:47 PM
Nice... what's your usual price?
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