mars
09-25 10:52 PM
Hi,
Thanks for your response..
So what if DOL doesn't respond before the H1 expires..Can the Employer file for H1 Extension without an approved LCA ??
And if the LCA is denied because the DOL doesn't recognize the FEIN what options have we got..Can the employer reapply for LCA or just submit the Info and wait for info from DOL ??
Thanks
mars..
Thanks for your response..
So what if DOL doesn't respond before the H1 expires..Can the Employer file for H1 Extension without an approved LCA ??
And if the LCA is denied because the DOL doesn't recognize the FEIN what options have we got..Can the employer reapply for LCA or just submit the Info and wait for info from DOL ??
Thanks
mars..
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tcsonly
07-21 09:22 PM
i checked on the website, couldnt find it there. i will try calling the number when i get home. i asked in case anyone had the a similar question.
thanks,
ashish
Hi Ashish,
Just one search for Nebraska on USCIS website resulted the answer you were looking for.
Follow the link. Read the complete page to find out the correct address for sending your particular application type because each application has its own PO box number.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=96b53591ec04d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=52a46c854523d010VgnVCM10000048f3d6a1 RCRD
-C.
thanks,
ashish
Hi Ashish,
Just one search for Nebraska on USCIS website resulted the answer you were looking for.
Follow the link. Read the complete page to find out the correct address for sending your particular application type because each application has its own PO box number.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=96b53591ec04d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=52a46c854523d010VgnVCM10000048f3d6a1 RCRD
-C.
desi485
11-13 01:47 PM
I had a question about using using AC21.
Here is the scenario: Let us say I work for XYZ Company who applied for my 140 and 485. I have approved 140, H-1b, EAD and AP.
If XYZ laid me off or I left them for career progression or more money 180 days after my 485 was filed and 140 approved, what happens to my 485 application?
Wouldn't USCIS question that since my sponsoring employer does not exist anymore, who am I going to work for once I get my green card? or is this coverd under AC21?
Please advice!
sir, if you have worked 180 days for this employer after filling of 485, there are no issues with CIS, atleast legally. However there are some unfortunate incidents going on where IO wrongfully denied 485 petitions when a person changed jobs using AC-21. I urge you to take part in IV AC-21 letters campaign which will help you and all of us to survive any unfortunate, unforseen job loss due to current downturn in economy. (http://immigrationvoice.org/forum/showthread.php?t=22182) It is actully very easy, just print 4 pages and mail it thru' USPS. Won't even cost you $2. Remember this for yours and our future and peace of mind. Arul, I humbly request you to do so for sake of our community. Thanks!
Here is the scenario: Let us say I work for XYZ Company who applied for my 140 and 485. I have approved 140, H-1b, EAD and AP.
If XYZ laid me off or I left them for career progression or more money 180 days after my 485 was filed and 140 approved, what happens to my 485 application?
Wouldn't USCIS question that since my sponsoring employer does not exist anymore, who am I going to work for once I get my green card? or is this coverd under AC21?
Please advice!
sir, if you have worked 180 days for this employer after filling of 485, there are no issues with CIS, atleast legally. However there are some unfortunate incidents going on where IO wrongfully denied 485 petitions when a person changed jobs using AC-21. I urge you to take part in IV AC-21 letters campaign which will help you and all of us to survive any unfortunate, unforseen job loss due to current downturn in economy. (http://immigrationvoice.org/forum/showthread.php?t=22182) It is actully very easy, just print 4 pages and mail it thru' USPS. Won't even cost you $2. Remember this for yours and our future and peace of mind. Arul, I humbly request you to do so for sake of our community. Thanks!
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seekerofpeace
08-13 05:25 PM
Every agent tells a new thing. But the fact remains that I-140 needs to be approved before 485 is adjudicated.
Also you are not current yet...you will be (if things don't change in between) on Sept 1.
I don't know what final stage mean...I have been told the same thing by my congressman rep a year and half back.....doesn't mean anything...
Just wait and wait...
SoP
Also you are not current yet...you will be (if things don't change in between) on Sept 1.
I don't know what final stage mean...I have been told the same thing by my congressman rep a year and half back.....doesn't mean anything...
Just wait and wait...
SoP
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ultimo
10-01 01:39 PM
only after getting EAD card . if u have ssn then u can try
punjabi
08-07 05:57 PM
...that means your application has been accepted.
If the supporting documents are not complete or if USCIS wants more evidence, you should get an RFE. USCIS post Receipt Notice only after they make sure that at least the very mandatory supporting gdocuments are in proper order!
If the supporting documents are not complete or if USCIS wants more evidence, you should get an RFE. USCIS post Receipt Notice only after they make sure that at least the very mandatory supporting gdocuments are in proper order!
more...
kisana
06-06 05:18 PM
Some how from past 6 years in US I have not applied AR11. Please let me know if I apply right now it impact any way to me. Yes I understand it was a mistake. Please provide me your guidance.
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franklin
07-17 06:16 PM
Is there any risk in rescheduling a fingerprinting appt? I am travelling when the appointment is currently scheduled for:(. Does that impact the overall processing times of 485/EAD/AP?
I don't know how it affects the overall processing times, but there is no problem rescheduling the appointment. Just follow the instructions on your notice.
1 disclaimer - you MUST reschedule it before your original appointment date. Failure to attend your appointment without 1st rescheduling is considered an abandonment of your AOS etc.
I don't know how it affects the overall processing times, but there is no problem rescheduling the appointment. Just follow the instructions on your notice.
1 disclaimer - you MUST reschedule it before your original appointment date. Failure to attend your appointment without 1st rescheduling is considered an abandonment of your AOS etc.
more...
raysaikat
04-03 09:04 PM
My wife did her MBA and used her OPT before marriage. After a gap of OPT period she again went to school and got a MS degree. During her OPT, she did not work at all. Now she is unable to get second OPT for her recent MS degree.
Is there a way out to get second OPT? Can this new law (29 months OPT) if passed, be used to apply for second OPT.
What should be best approach? Please advice.
Thanks
A student can get an OPT once for every level of education. Since your wife already had an OPT at the "master's" level (it does not matter whether she could earn money during that period or not), she can only get another if she goes for a Ph.D. After completing the Ph.D., she will get one more OPT.
I do not know how the new law, if passed, will be "grandfathered", but I doubt if it can be used for your wife's case.
Is there a way out to get second OPT? Can this new law (29 months OPT) if passed, be used to apply for second OPT.
What should be best approach? Please advice.
Thanks
A student can get an OPT once for every level of education. Since your wife already had an OPT at the "master's" level (it does not matter whether she could earn money during that period or not), she can only get another if she goes for a Ph.D. After completing the Ph.D., she will get one more OPT.
I do not know how the new law, if passed, will be "grandfathered", but I doubt if it can be used for your wife's case.
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GCKaMaara
06-08 12:13 PM
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paulinasmith
09-12 02:55 AM
My employer did it himself, he did not use the lawyer.
You need a professional advise as employer haven't paid proper professional attention while filling PERM.
You need a professional advise as employer haven't paid proper professional attention while filling PERM.
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wandmaker
11-16 01:05 AM
I understand the 180 days rule after filing 485. what if the eb3(140 approved) based 485 has been pending for 180 days, and a newly approved eb2 140 has just been ported to the pending 485.
Yes, 180 days rules applies to your 485 receipt date on your receipt notice.
Is there a rule that the 180 days started over again after porting, since it's a new 140, which implys the applicant intends to work for the 140 position for a period of time.
There is no rule that makes the "180 days" clock to restart.
What are the risks if the applicant changes the job right after eb2 140 gets approved, and changed the underlining 140 of the pending 485 from eb3 to the newly approved eb2.
There are no risks as long as your eb2 140 is approved, you have crossed 180 days count. Additionally, AFTER you have received a confirmation from USCIS that your eb3 to eb2 porting is successful and the new approved 140 is the underlying petition to support your 485
Yes, 180 days rules applies to your 485 receipt date on your receipt notice.
Is there a rule that the 180 days started over again after porting, since it's a new 140, which implys the applicant intends to work for the 140 position for a period of time.
There is no rule that makes the "180 days" clock to restart.
What are the risks if the applicant changes the job right after eb2 140 gets approved, and changed the underlining 140 of the pending 485 from eb3 to the newly approved eb2.
There are no risks as long as your eb2 140 is approved, you have crossed 180 days count. Additionally, AFTER you have received a confirmation from USCIS that your eb3 to eb2 porting is successful and the new approved 140 is the underlying petition to support your 485
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jsb
11-02 04:26 PM
My labour was filed for a software engineer position (java, udb, etc) 3 years ago. Over that time, my role has changed to a project manager. Infact I don't do any coding anymore. If I invoke AC21 after 180 days, can I switch to a Project Manager position?
thanks,
These are two different skills, unless you can manage to have job description of your new job to be the same as in LC. Or you can leave it the way it is, provided your employer intends to hire you as a software engineer upon approval of LC, and you intend to accept it. In the meantime, do whatever you want - project management or anything unrelated.
thanks,
These are two different skills, unless you can manage to have job description of your new job to be the same as in LC. Or you can leave it the way it is, provided your employer intends to hire you as a software engineer upon approval of LC, and you intend to accept it. In the meantime, do whatever you want - project management or anything unrelated.
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justwaiting
11-05 07:19 AM
This is a much talked about subject around these days. I am sure many of us who renewed EAD but had a gap in the expiration and renewal date and were on a leave of absence. Would this be a problem when it comes to the GC processing?
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guyh
07-22 04:42 PM
Hi my wife is missing her birth certificate can i aplly with all the rest of the documents and send it in later beacause it can take some time to find it in russia or any other suggestions thanks
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03-13 12:19 PM
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thomachan72
11-03 02:12 PM
3% seems very good.
Also if you can set aside some money for >3 years, putting it in an NRO term deposit is also pretty good. Now they range around 7.5 to 8%. You can repatriate the interest income after due taxes are paid.
Also if you can set aside some money for >3 years, putting it in an NRO term deposit is also pretty good. Now they range around 7.5 to 8%. You can repatriate the interest income after due taxes are paid.
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SKK2004
08-22 10:45 AM
PD Aug 2004, EB-2 India
I-140/I-485 applied in August 2007 at TSC (non-concurrent)
I-140 approval in March 2008
Spouse 485/AP/EAD applied August 2008 (received receipt notices)
Self EAD applied August 2008 (received receipt notices)
Till date I have not received my FP notice. I applied for my EAD (even though I am not planning on using it) hoping to jump start my pending 485 and get the things rolling for FP and processing of 485. Surprisingly, I got my EAD approval email on Aug 17th and I received my EAD card in the mail yesterday. It is valid for 2 years. It says finger prints not available. No change in the pending 485 status.
I am totally perplexed about receiving the EAD without FP and so is my attorney. Can someone give me an idea of what is going on? Any input is appreciated! Thanks much!
I-140/I-485 applied in August 2007 at TSC (non-concurrent)
I-140 approval in March 2008
Spouse 485/AP/EAD applied August 2008 (received receipt notices)
Self EAD applied August 2008 (received receipt notices)
Till date I have not received my FP notice. I applied for my EAD (even though I am not planning on using it) hoping to jump start my pending 485 and get the things rolling for FP and processing of 485. Surprisingly, I got my EAD approval email on Aug 17th and I received my EAD card in the mail yesterday. It is valid for 2 years. It says finger prints not available. No change in the pending 485 status.
I am totally perplexed about receiving the EAD without FP and so is my attorney. Can someone give me an idea of what is going on? Any input is appreciated! Thanks much!
Blog Feeds
09-28 12:50 PM
Foreign nationals who have stayed in the United States after the expiration of their period of authorized stay or are present in the United States without being admitted or paroled are unlawfully present in the U.S.
If more than 180 days but less than a year of unlawful presence accrues, then the foreign national is inadmissible for three years (three year bar). Foreign nationals who are unlawfully present for one year or more are inadmissible for 10 years (10 year bar). If a foreign national has accrued unlawful presence in the United States, then they are deemed inadmissible and illegible to re-enter the U.S. for either the three year or 10 year bar from the date they leave the U.S.
There is a waiver available for the unlawful presence ground of inadmissibility. Essentially the waiver will waive the three and 10 year bar of inadmissibility. The waiver is only available to foreign nationals with a U.S. citizen or lawful permanent resident (LPR) spouse or parent. Children are not deemed qualifying relatives for the waiver. The first step in the waiver process is for the foreign national to attend an immigrant visa consular interview in their home country. Once the consular officer deems the foreign national is inadmissible and a waiver is available, the foreign national will then file the waiver (form I-601, with the applicable filing fee) and establish there is extreme hardship to the U.S. citizen or LPR spouse or parent if the foreign national were not allowed to return to the United States. The waiver request is discretionary and extreme hardship is only one factor the officer will consider.
Certain individuals do not accrue unlawful presence and are not subject to the three or 10 year bar. For instance, foreign nationals under 18 years of age do not accrue unlawful presence.
For more information on the waiver process, and extreme hardship, please call Kraft & Associates at 214-999-9999.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/4VwzqcGxyMc/)
If more than 180 days but less than a year of unlawful presence accrues, then the foreign national is inadmissible for three years (three year bar). Foreign nationals who are unlawfully present for one year or more are inadmissible for 10 years (10 year bar). If a foreign national has accrued unlawful presence in the United States, then they are deemed inadmissible and illegible to re-enter the U.S. for either the three year or 10 year bar from the date they leave the U.S.
There is a waiver available for the unlawful presence ground of inadmissibility. Essentially the waiver will waive the three and 10 year bar of inadmissibility. The waiver is only available to foreign nationals with a U.S. citizen or lawful permanent resident (LPR) spouse or parent. Children are not deemed qualifying relatives for the waiver. The first step in the waiver process is for the foreign national to attend an immigrant visa consular interview in their home country. Once the consular officer deems the foreign national is inadmissible and a waiver is available, the foreign national will then file the waiver (form I-601, with the applicable filing fee) and establish there is extreme hardship to the U.S. citizen or LPR spouse or parent if the foreign national were not allowed to return to the United States. The waiver request is discretionary and extreme hardship is only one factor the officer will consider.
Certain individuals do not accrue unlawful presence and are not subject to the three or 10 year bar. For instance, foreign nationals under 18 years of age do not accrue unlawful presence.
For more information on the waiver process, and extreme hardship, please call Kraft & Associates at 214-999-9999.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/4VwzqcGxyMc/)
dskhabra
11-26 10:04 AM
My wife is in the same boat. We filed for H1 amendment in the first week of September and online status tells it's done on 20 November. We still have not received documents in mail from USCIS. This was in Vermont. We were told initially that it might take upto 3 months.
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