smitha_jacob
06-04 09:28 AM
Hello,
I am on F1 visa from India and doing PhD US university. My husband is in H1B visa from 2007 November. I would like to apply for green card via National Interest Waiver. When I asked an attorny, he said that since you are from India, it will take few years to get EAD. But I read that you can apply I-40 and I-485 concurently and get EAD card in an year.
Can anyone help me please?
I am on F1 visa from India and doing PhD US university. My husband is in H1B visa from 2007 November. I would like to apply for green card via National Interest Waiver. When I asked an attorny, he said that since you are from India, it will take few years to get EAD. But I read that you can apply I-40 and I-485 concurently and get EAD card in an year.
Can anyone help me please?
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IndianIII
07-10 12:11 AM
Answer inline in different color
USCIS do call the company, a friend of mine who already got his GC, USCIS called the company in India to confirm the employment.
USCIS do call the company, a friend of mine who already got his GC, USCIS called the company in India to confirm the employment.
a.j.2048
02-07 01:51 PM
PTs are licensed by the state government. If you are engaged already, you may want to start the licensing process right away because it takes many months and she can get things like transcripts done quicker if she is available locally.
1. Get her credentials evaluated from FCCPT
2. Apply for licensing to the state government
3. Take remedial courses if any are required. This can take few months or many years depending on the course she attended outside the US and the requirements of the state you are looking to live in.
4. Re-apply for licensing.
5. Apply for work visa or work on EAD derived from your application.
----------------------------------------------
Other issues-
1. You will have to repeat the credential verification and licensing for each state you move to.
2. States change their licensing requirements all the time, so you may find yourself in a situation where some state in the future refuses to license her because their requirements have changed. Only way to guard against this is to join a DPT or MPT program and get an American credential.
1. Get her credentials evaluated from FCCPT
2. Apply for licensing to the state government
3. Take remedial courses if any are required. This can take few months or many years depending on the course she attended outside the US and the requirements of the state you are looking to live in.
4. Re-apply for licensing.
5. Apply for work visa or work on EAD derived from your application.
----------------------------------------------
Other issues-
1. You will have to repeat the credential verification and licensing for each state you move to.
2. States change their licensing requirements all the time, so you may find yourself in a situation where some state in the future refuses to license her because their requirements have changed. Only way to guard against this is to join a DPT or MPT program and get an American credential.
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srikondoji
04-26 07:16 PM
http://o3.indiatimes.com/dindora/archive/2006/04/27/642160.aspx
Many of my blogs were posted on the front page of timesOfIndia news paper.
With the hope that they would also post my latest blog highlighting the ImmigrationVoice, i have written a blog.
Please write comments on this blog and make additions to what i have posted.
Thanks
sri
Many of my blogs were posted on the front page of timesOfIndia news paper.
With the hope that they would also post my latest blog highlighting the ImmigrationVoice, i have written a blog.
Please write comments on this blog and make additions to what i have posted.
Thanks
sri
more...
kirupa
09-12 07:16 PM
Hi bouncer,
I just wrote a tutorial on how to call custom states programmatically or via code here: http://www.kirupa.com/blend_silverlight/custom_vsm_pg1.htm (the last two pages will be most helpful for you).
Are you unsure how to call the states, or are you unsure how to detect the direction of mouse movement?
Thanks,
Kirupa
I just wrote a tutorial on how to call custom states programmatically or via code here: http://www.kirupa.com/blend_silverlight/custom_vsm_pg1.htm (the last two pages will be most helpful for you).
Are you unsure how to call the states, or are you unsure how to detect the direction of mouse movement?
Thanks,
Kirupa
vin13
03-18 11:52 AM
There are many applicants who are at the 485 stage waiting for years. Some have recieved RFE on their case. The case status says "Case Resumed" once the documents requested are submitted.
It would be nice if we can get a administrative fix to have USCIS update the case status as "Pre-Adjudicated waiting on Visa Availability". This should also trigger them to also issue EAD and AP for longer periods.
Apart from the peace of mind, this would definately help applicants to take some bold steps like buying a house or starting a business and investing, etc. If none of these are in someone's interest, they could atleast get a drivers license that lasts a longer time:)
It would be nice if we can get a administrative fix to have USCIS update the case status as "Pre-Adjudicated waiting on Visa Availability". This should also trigger them to also issue EAD and AP for longer periods.
Apart from the peace of mind, this would definately help applicants to take some bold steps like buying a house or starting a business and investing, etc. If none of these are in someone's interest, they could atleast get a drivers license that lasts a longer time:)
more...
sgX05
02-11 03:49 PM
Hi everyone,
Today i got an alert form USCIS that the pending 485s (for my wife and myself) have been transferred from NSC to TSC. Wanted to see if others with 485s pending at NSC have seen similar action.
My priority date is Oct 2005 and my 485 has been pending at NSC since July 2007.
Today i got an alert form USCIS that the pending 485s (for my wife and myself) have been transferred from NSC to TSC. Wanted to see if others with 485s pending at NSC have seen similar action.
My priority date is Oct 2005 and my 485 has been pending at NSC since July 2007.
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gc4arun
08-23 03:09 PM
Any specifics on the interview? Were you asked any documents to submit? Was the interview for both the applicant and the dependent?
SoP
Yes, I had been provided a standard list of documents to come prepared with. Some of them included:
1. All EAD's APs's
2. I 94
3. Tax returns last 3 years
4. If I have changed employers ac21, and paystubs( in my case I did, so I took copies of Ac21 EVL and recent paystubs)
5. Passport
6. Drivers license
7. All H1b's
8. Marriage certificate
There were other items in the list, but were not relevant to my case.
My ( and my wife's) interview happened July 30th in chicago at 8 am . I was asked to take an oath, and asked for some of the above documents one by one specially 4, and 1, 6 and 8. The IO had my complete file, and asked confirmatory questions on the information that I had provided in I485 form. It was a pleasant experience, and since my dates were not current then, he asked me to wait until it becomes current. Since I had 2 I 140's attached to my ac21 eVL , I reiterated that my case has been current in the past and I am EB2 and he was initially surprised, because he had not checked that I had a second I140, and said that he will make a special notation on my case that it was Eb2 and not Eb3 as was mentioned on the comments on the first page on the file( my gosh!!that was an eye opener inspite of my having provided all the right papers, and inspite of being together in a single file that they had right in front of me, the notation on the top still considered me as Eb3). My wife, who is a dependent on my case was asked same questions one by one. It took less than 30 minutes for both of us.
So, I am keeping my fingers crossed for Sept..........and I would like to think of myself as preadjuciated:) I received a soft LUD the very next day with no status change.
hope that answers all your questions
SoP
Yes, I had been provided a standard list of documents to come prepared with. Some of them included:
1. All EAD's APs's
2. I 94
3. Tax returns last 3 years
4. If I have changed employers ac21, and paystubs( in my case I did, so I took copies of Ac21 EVL and recent paystubs)
5. Passport
6. Drivers license
7. All H1b's
8. Marriage certificate
There were other items in the list, but were not relevant to my case.
My ( and my wife's) interview happened July 30th in chicago at 8 am . I was asked to take an oath, and asked for some of the above documents one by one specially 4, and 1, 6 and 8. The IO had my complete file, and asked confirmatory questions on the information that I had provided in I485 form. It was a pleasant experience, and since my dates were not current then, he asked me to wait until it becomes current. Since I had 2 I 140's attached to my ac21 eVL , I reiterated that my case has been current in the past and I am EB2 and he was initially surprised, because he had not checked that I had a second I140, and said that he will make a special notation on my case that it was Eb2 and not Eb3 as was mentioned on the comments on the first page on the file( my gosh!!that was an eye opener inspite of my having provided all the right papers, and inspite of being together in a single file that they had right in front of me, the notation on the top still considered me as Eb3). My wife, who is a dependent on my case was asked same questions one by one. It took less than 30 minutes for both of us.
So, I am keeping my fingers crossed for Sept..........and I would like to think of myself as preadjuciated:) I received a soft LUD the very next day with no status change.
hope that answers all your questions
more...
GreenLantern
06-15 08:30 PM
PM please.
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rsrikant
08-24 03:45 PM
saw this in murthy...
looks like the no. of applications are less compared to initial projections. the 300,000 include june, july, aug filers including spouses, kids. also seems the number includes 140 applications, ead, ap.. can't believe if it can be that less including all the above mentioned....
http://murthy.com/news/n_ombsci.html
USCIS Filings Surge in July / August 2007
�MurthyDotCom
The CIS Ombudsman shared with teleconference participants his estimate of the number of filings made prior to the August 17th deadline for the submission of I-485s (Applications for Adjustment of Status), under the July 2007 Visa Bulletin. According to his estimation, this number may be close to 200,000 filings. Recent reports in the news media placed the number at about 300,000 filings, due to the priority dates becoming current for most employment-based applicants. It is assumed that this number includes the I-485 filings made by applicants whose priority dates became current in June and July 2007, as well as those of spouses and minor children. It is also assumed that the EAD and Advance Parole (AP) filings are being included in this number, as well as the many I-140s that were filed as part of concurrent I-140/I-485 filings during this period. There may have been a surge in filings unrelated to the June and July Visa Bulletins, as well, which were filed to avoid the substantially increased filing fees that went into effect on July 30, 2007.
looks like the no. of applications are less compared to initial projections. the 300,000 include june, july, aug filers including spouses, kids. also seems the number includes 140 applications, ead, ap.. can't believe if it can be that less including all the above mentioned....
http://murthy.com/news/n_ombsci.html
USCIS Filings Surge in July / August 2007
�MurthyDotCom
The CIS Ombudsman shared with teleconference participants his estimate of the number of filings made prior to the August 17th deadline for the submission of I-485s (Applications for Adjustment of Status), under the July 2007 Visa Bulletin. According to his estimation, this number may be close to 200,000 filings. Recent reports in the news media placed the number at about 300,000 filings, due to the priority dates becoming current for most employment-based applicants. It is assumed that this number includes the I-485 filings made by applicants whose priority dates became current in June and July 2007, as well as those of spouses and minor children. It is also assumed that the EAD and Advance Parole (AP) filings are being included in this number, as well as the many I-140s that were filed as part of concurrent I-140/I-485 filings during this period. There may have been a surge in filings unrelated to the June and July Visa Bulletins, as well, which were filed to avoid the substantially increased filing fees that went into effect on July 30, 2007.
more...
JunRN
12-17 06:57 PM
Almost always, AC21 can trigger an RFE or interview. There's always a risk in filing AC21. First, your new employment may not match your LC therefore your GC will be denied. Second, the new employer is banned by USCIS and that is not in your knowledge. Lastly, AC21 rule may change anytime because the standing rule is just a memo from previous USCIS chief. If that changes and you're in the middle of it, you might find yourself ineligible.
If I were you, I will not change employment. If that is not an option and you have to for some reasons, file AC21 and make sure that your next employer is not banned by USCIS, willing to go through AC21, meaning provide you with documents, and be ready to receive an RFE or request for interview.
If I were you, I will not change employment. If that is not an option and you have to for some reasons, file AC21 and make sure that your next employer is not banned by USCIS, willing to go through AC21, meaning provide you with documents, and be ready to receive an RFE or request for interview.
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Porch
08-24 10:42 AM
My first term on H1 expired on June 2002. I revalidated it and the second term also got expired as of June 2004. Since I was in US only for 3 years on that H1, is it possible to revalidate it again now, even I'm not working for company A now?
more...
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sgX05
02-17 08:30 AM
Another update on 485 today after it was transferred to TSC...
"The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now being processed at a USCIS office."
"The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now being processed at a USCIS office."
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dwhuser
06-15 11:24 PM
Oh! Thanks for the explanation. We will ask his old employer if he would give us the letter. Honestly I doubt.... if he can give the letter without an active payroll or a Purchase order for a future project. No harm in tring though.....
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addsf345
01-08 02:07 PM
Sree, even I have travelled using AP last year. My lawyer told me that it should not be problem for H1B transfer. I have not used EAD to work though.
My question is, do I need to provide copy of approved I-140 with my new h1b transfer request to get 3 years ext? I've already completed 5 years on h1b.
any one?
My question is, do I need to provide copy of approved I-140 with my new h1b transfer request to get 3 years ext? I've already completed 5 years on h1b.
any one?
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needlotsofluck
07-26 09:52 PM
Please see the update in Oh law's site
Under the update July 2007 VB, visa number was unable for the entire July 2007. It remained such until July 17, 2007 when both DOS and USCIS reversed their positions. There could be some 104(c) H-1B three-year extension petitions filed in July bore the 17th. Since the July 2007 VB has been reversed and remains "current" in July, it will remain a challenging issue for these filers. Those who file after July 17, 2007 and before August 1, 2007 may not be entitled to the benefit of 104(c) extension. Accordingly, those who need three-year extension under 104(c) should not file the H-1B extension until after August 1, 2007 to obtain three year extension, even though they will have to pay the increased filing of $320 rather than the current $190. In August, the EB visa number will remain "unavailable" for the entire EB classifications, presenting the best opportunity to file such 104(c) three-year increment H-1B extension petition. What a twist and irony of the development of events?
This is new to me. Can you please indicate the site address of this memo?
Thanks
Under the update July 2007 VB, visa number was unable for the entire July 2007. It remained such until July 17, 2007 when both DOS and USCIS reversed their positions. There could be some 104(c) H-1B three-year extension petitions filed in July bore the 17th. Since the July 2007 VB has been reversed and remains "current" in July, it will remain a challenging issue for these filers. Those who file after July 17, 2007 and before August 1, 2007 may not be entitled to the benefit of 104(c) extension. Accordingly, those who need three-year extension under 104(c) should not file the H-1B extension until after August 1, 2007 to obtain three year extension, even though they will have to pay the increased filing of $320 rather than the current $190. In August, the EB visa number will remain "unavailable" for the entire EB classifications, presenting the best opportunity to file such 104(c) three-year increment H-1B extension petition. What a twist and irony of the development of events?
This is new to me. Can you please indicate the site address of this memo?
Thanks
more...
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nashorn
12-12 02:47 PM
Hi,
I had one A# on my EAD (during OPT), as xxx-xxx-xxx, which was expired after OPT was end. Then, after I filed my I485 application, I obtained another A# showed on I-797C form, as Axxxxxxxxx. So I am quite comfused that which one is my current A#. Does A# change with our status? Thanks.
Alien # starts with A. The one your have is your A#, the one you had during OPT is not a A#.
I had one A# on my EAD (during OPT), as xxx-xxx-xxx, which was expired after OPT was end. Then, after I filed my I485 application, I obtained another A# showed on I-797C form, as Axxxxxxxxx. So I am quite comfused that which one is my current A#. Does A# change with our status? Thanks.
Alien # starts with A. The one your have is your A#, the one you had during OPT is not a A#.
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rta2009
11-25 07:38 PM
I'm not attorney but I'm suggesting based on my experience .I know answers as Ive gone through this recently...
1. Yes , Your PD for approved 140 is your possession. You can port it in your future 485 process of GC with your future employer even if your old employer revokes it.
2. You can get three year extension to your new H1 transfer with your current approved 140 of old employer.
3. Yes, You can.
Please let me know if you have any concerns.
Dear peacocklover,
Thank you for your helpful answers.
I'm in a similar situation even though in my case, the reason for H-1 transfer is because I might get laid off (my boss tell me to start looking around - massive lay off is coming).
May I ask one question to clarify your answer?
It's regarding #3, "once h1 is extended beyond the 6th year for say 3 years, can I transfer my h1 to a new employer", and your answer is yes.
So, once I complete the transfer to a new employer, can the previous employer "safely" revoke the H-1 and I-140, and won't have any effect on my newly transferred H-1?
(My boss will try to work it out, to keep I-140 open, but they plan to revoke it as soon as I got a new job).
Many many thanks :)
Have a wonderful Thanksgiving.
1. Yes , Your PD for approved 140 is your possession. You can port it in your future 485 process of GC with your future employer even if your old employer revokes it.
2. You can get three year extension to your new H1 transfer with your current approved 140 of old employer.
3. Yes, You can.
Please let me know if you have any concerns.
Dear peacocklover,
Thank you for your helpful answers.
I'm in a similar situation even though in my case, the reason for H-1 transfer is because I might get laid off (my boss tell me to start looking around - massive lay off is coming).
May I ask one question to clarify your answer?
It's regarding #3, "once h1 is extended beyond the 6th year for say 3 years, can I transfer my h1 to a new employer", and your answer is yes.
So, once I complete the transfer to a new employer, can the previous employer "safely" revoke the H-1 and I-140, and won't have any effect on my newly transferred H-1?
(My boss will try to work it out, to keep I-140 open, but they plan to revoke it as soon as I got a new job).
Many many thanks :)
Have a wonderful Thanksgiving.
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gmail
12-21 12:42 PM
so you can setup your own LLC. start hiring people?
bobzibub
10-15 11:32 AM
AILA has asked USCIS that question 6 months ago.
USCIS has not answered the question.
That is why some lawyers say yes, some say no. They don't know what USCIS will say.
I've emailed the ombudsman to get USCIS to answer and give a legal basis for their answer too.
We deserve to know.
USCIS has not answered the question.
That is why some lawyers say yes, some say no. They don't know what USCIS will say.
I've emailed the ombudsman to get USCIS to answer and give a legal basis for their answer too.
We deserve to know.
mrsr
06-22 09:28 AM
also include
photos
birth cert and
cheques
Agree.
Initial Evidence for I-485 includes
1. Copy of approved I-140 (or concurrent filing or I-140 receipt)
2. Employment Letter (for GC job)
3. Proof that person is maintaining valid status in USA since last entry in USA
Not a legal advice
----------------------------------
Permanent Resident since May 2002
photos
birth cert and
cheques
Agree.
Initial Evidence for I-485 includes
1. Copy of approved I-140 (or concurrent filing or I-140 receipt)
2. Employment Letter (for GC job)
3. Proof that person is maintaining valid status in USA since last entry in USA
Not a legal advice
----------------------------------
Permanent Resident since May 2002
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