San_Chez
03-24 04:45 PM
muni k,
i am in a similar situation. i consulted a lawyer who said that even 1 day spent out the country can & must be taken in to account (for the 365 day eligibility). as long as your PERM LC was filed, you should not have a problem.
good luck!
i am in a similar situation. i consulted a lawyer who said that even 1 day spent out the country can & must be taken in to account (for the 365 day eligibility). as long as your PERM LC was filed, you should not have a problem.
good luck!
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Queen Josephine
May 6th, 2005, 09:16 AM
...and i see an emerging tarantula! So much for the Rorschak test! :)
lelica32
11-30 10:38 PM
yes, you can apply without any problems.
Anyone can apply.
No will not affect your I-140 or I-485
Anyone can apply.
No will not affect your I-140 or I-485
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Jimi_Hendrix
08-07 02:57 PM
what is new about what is being said in this article? We all know that bill is unlikely this year. Bush does not have a control over what happens in Congress. So anything he says is an expression of opinion. Besides, that opinion is the opinion of everyone who understands the circumstances. This article is a month old and the analysis is even older, please post something new next time.
more...
xZeRo23
06-21 06:59 PM
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dilbert_cal
03-12 01:08 PM
Just make the switch,,thats it! Its that simple!! Make sure when u join the new company they file your perm asap and when u r in the 140 stage, you could work with your lawyer to port your old PD. AC21 has made life better!
There are two ways :-
a) Get your H1 transferred and join a new company. You need to complete your new PERM and I-140 before Mar'08 to get your next extension. In this case, you cannot carry over your PD.
b) Wait for your I-140 to be approved. Once it is there, move on, and file your PERM/I-140. You should be able to get your next extension based on the approved I-140 unless it is revoked. Also, you can start your PERM in parallel while waiting for I-140. You can speed up your I-140 by moving it to PREMIUM processing - it involves another 1000 $ of cost. This way you can carry on your PD if you can get a copy of the I-140 when you leave.
There would be other ways too - folks here can enlighten you on the same and if there are any corrections in what I suggested you, they would gladly do it.
There are two ways :-
a) Get your H1 transferred and join a new company. You need to complete your new PERM and I-140 before Mar'08 to get your next extension. In this case, you cannot carry over your PD.
b) Wait for your I-140 to be approved. Once it is there, move on, and file your PERM/I-140. You should be able to get your next extension based on the approved I-140 unless it is revoked. Also, you can start your PERM in parallel while waiting for I-140. You can speed up your I-140 by moving it to PREMIUM processing - it involves another 1000 $ of cost. This way you can carry on your PD if you can get a copy of the I-140 when you leave.
There would be other ways too - folks here can enlighten you on the same and if there are any corrections in what I suggested you, they would gladly do it.
more...
texcan
09-04 07:05 PM
come on guys....no one used a cashiers check.
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richi121175
10-01 11:53 AM
I am on a L1 visa which has expired April 2006. I have got my petition extended till 2008. Can I transfer my L1 from Employer A to another Employer B. Can employer B transfer my current L1 petition to his company?
Please reply ASAP.
L-1 petition is non-transferable and tied to employer A. However, employer B can file H-1 for you.
Please reply ASAP.
L-1 petition is non-transferable and tied to employer A. However, employer B can file H-1 for you.
more...
pillagandhi
04-27 11:29 AM
In my fifth year H1B (cap exempt)
applied for cap subject
employer in east coast
Receipt date: 4/11/2011
status :initial review
on 4/25/2011 : checked online
we transferred this case I129 PETITION FOR A NONIMMIGRANT WORKER to our CALIFORNIA SERVICE CENTER location for processing and sent you a notice explaining this action. Please follow any instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.
They never sent any notice to lawyer or me about this.
Today is beyond the 15 days for premium processing.
What does this mean? and what am I supposed to do
applied for cap subject
employer in east coast
Receipt date: 4/11/2011
status :initial review
on 4/25/2011 : checked online
we transferred this case I129 PETITION FOR A NONIMMIGRANT WORKER to our CALIFORNIA SERVICE CENTER location for processing and sent you a notice explaining this action. Please follow any instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.
They never sent any notice to lawyer or me about this.
Today is beyond the 15 days for premium processing.
What does this mean? and what am I supposed to do
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Jayakamal
12-22 04:15 AM
Dear Thambi,
Thanx Very much for the advice.
Hope it would help.Keep up the good job.
Great Site & Great Suggestions Too..
Thank U
Jayakamal
Thanx Very much for the advice.
Hope it would help.Keep up the good job.
Great Site & Great Suggestions Too..
Thank U
Jayakamal
more...
nashim
05-28 03:01 PM
Q.#11 the date USCIS recieved the application.
Q. #15 Current Immigration Status ... AOS.
Q.#16 Eligibility under 8 CFR 274a.12 ... Selected (c)(9)().
Q. #15 Current Immigration Status ... AOS.
Q.#16 Eligibility under 8 CFR 274a.12 ... Selected (c)(9)().
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permfiling
11-22 02:25 PM
I currently have a full time H1 but one of my past employers asked me if I can work on a advisory basis on a part time for 10 hrs per week. As I can have 2 h1's . My questions are
1. During any PERM, 140, 485 stage with my first employer, do I have to or will my first employer come to know about my part time H1
2. Can I file for PERM . Green card from my pat time h1
thanks
1. During any PERM, 140, 485 stage with my first employer, do I have to or will my first employer come to know about my part time H1
2. Can I file for PERM . Green card from my pat time h1
thanks
more...
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ItIsNotFunny
03-28 10:41 AM
Last year CIR expired. Yes, senate must pass its own version of the bill. It could be that it will be a very similar to CIR from last year. If only house passes its own bill, and no senate bill is passed, there is no new law. Both chambers must act in order to create a new binding law.
Keep the fingures crossed this year as Senate power balance is changed.
Keep the fingures crossed this year as Senate power balance is changed.
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tomguide
10-05 06:12 PM
Can somebody share any idea/experience/suggestions? Thx a lot!!
more...
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nikamd
05-06 04:51 PM
Hi,
Do we have any EB3 approvals in May.
My PD is 25 Feb 2002 and i am current from March. I still have not received my approval.
Thanks
Nik
Do we have any EB3 approvals in May.
My PD is 25 Feb 2002 and i am current from March. I still have not received my approval.
Thanks
Nik
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Steve Mitchell
December 3rd, 2003, 01:41 PM
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nkavjs
07-26 05:05 PM
Hi Friends :
I am not sure if I am posting this question in right thread or not.
My attorney (Dumbest creature on this earth) filed my I-485 (AOS) application on 30th June, 07 recd. on 2nd July at 10.45 am. I was under this impression that all 3 stages 485/765/131 were filed along to uscis.. but I was wrong. My attorney only applied for 485 saying that they were very busy and will file for 765 and 131 (EAD and AP) after we get 485 adjudicated.. BS..
Anyways.. My question is.. since 485 was mailed out via attorney's office, can I go ahead and apply for 765 and 131 on my own, bypassing attorney's effort or am I stuck with them to wait for their mood-swings to go ahead and file my papers. The deadline with old fees application is 30th July as per the news bulletin. I dont want to waste time for 485 to get adju. and then file for 765/131.
Please advise me about this situation. Also I don't have any proof of 485 application being submitted. I only have tracking number of Fedex that the application was delivered on 2nd July. GOSHH.. pls. advise me.
Thanks
Stuck in indy
I am not sure if I am posting this question in right thread or not.
My attorney (Dumbest creature on this earth) filed my I-485 (AOS) application on 30th June, 07 recd. on 2nd July at 10.45 am. I was under this impression that all 3 stages 485/765/131 were filed along to uscis.. but I was wrong. My attorney only applied for 485 saying that they were very busy and will file for 765 and 131 (EAD and AP) after we get 485 adjudicated.. BS..
Anyways.. My question is.. since 485 was mailed out via attorney's office, can I go ahead and apply for 765 and 131 on my own, bypassing attorney's effort or am I stuck with them to wait for their mood-swings to go ahead and file my papers. The deadline with old fees application is 30th July as per the news bulletin. I dont want to waste time for 485 to get adju. and then file for 765/131.
Please advise me about this situation. Also I don't have any proof of 485 application being submitted. I only have tracking number of Fedex that the application was delivered on 2nd July. GOSHH.. pls. advise me.
Thanks
Stuck in indy
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nat23
03-27 02:53 PM
Guys,
My wife is a Canadian citizen, what is the process of getting a H4 for her? (I am on an H1-140 approved).
1)Do I file an app with USCIS?
2)Can she go apply at the US consulate in Canada?
What type of documents, forms are involved ?
The reason for this post is I was given conflicting info by my old lawyer.
Thanks
Your wife should take an appointment at the closest US Consulate. She and you should then look up the list of documents needed on the website of that US Consulate.
thats how I did it for my wife but she was from India.
hope this helps.
Cheers
Nat
My wife is a Canadian citizen, what is the process of getting a H4 for her? (I am on an H1-140 approved).
1)Do I file an app with USCIS?
2)Can she go apply at the US consulate in Canada?
What type of documents, forms are involved ?
The reason for this post is I was given conflicting info by my old lawyer.
Thanks
Your wife should take an appointment at the closest US Consulate. She and you should then look up the list of documents needed on the website of that US Consulate.
thats how I did it for my wife but she was from India.
hope this helps.
Cheers
Nat
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sathishkrish
11-28 08:33 PM
As I understand the process, if your date is current, the USCIS will accept your application - meaning they ARE processing applications with a priority date matching or exceeding yours.
During the July 2007 fiasco, the cut-off dates were current, allowing everyone to apply. If we submitted our application and the date is current at the time, why do we have to wait until our date becomes current again? Shouldn't they process the application within 6 months or less?
You application will continue to be processed when it is within the processing time - visa allocation happens only when your PD is current, which apparently is not. Moreover - Visa Bulletin is just a Forecast based on current demand so, actuals can vary at any time. There is so much to read about this in many forums including this, so you may want do more research before asking - I have a reason to tell you this because your poor soul will soon be hounded by GURUS for not researching enough :-) Hope you understand!
Cheers
During the July 2007 fiasco, the cut-off dates were current, allowing everyone to apply. If we submitted our application and the date is current at the time, why do we have to wait until our date becomes current again? Shouldn't they process the application within 6 months or less?
You application will continue to be processed when it is within the processing time - visa allocation happens only when your PD is current, which apparently is not. Moreover - Visa Bulletin is just a Forecast based on current demand so, actuals can vary at any time. There is so much to read about this in many forums including this, so you may want do more research before asking - I have a reason to tell you this because your poor soul will soon be hounded by GURUS for not researching enough :-) Hope you understand!
Cheers
Blog Feeds
03-08 01:00 PM
Great tip from AILA for our H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) filers trying to beat the rush. Because you cannot submit an LCA earlier than six months prior to the beginning date of the period of intended employment (20 CFR � 655.730(b)), if you want your LCA in hand before April 1, then set your employment start date on the LCA for a date in September, and set the expiration date for a date no more than three years hence. File the I-129 with a start date of October 1, but with an expiration date that coincides with the expiration date of the LCA. You will lose a couple of days on the back end of the petition by doing this, but you will get the LCA filed and back before April 1.
Example:
LCA start date: 9/1/10
LCA end date: 8/31/13
Form I-129 start date: 10/1/10
Form I-129 end date: 8/31/13
Due to delays in receiving approved LCAs, take the proper precautions and file your LCA early to avoid any undue delays.
Although under certain circumstances USCIS has agreed to accept H-1B petitions for processing that include LCAs that have not been certified, attorneys should understand that if the LCA submitted with the H-1B petition is eventually denied, the H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) will be denied, even if a subsequent certified LCA is submitted. This is even true where the denial is due to DOL error in not being able to verify a petitioner's FEIN. However, USCIS has also indicated that if the sole reason for failing to apply for an Extension of Status or Change of Status is due to DOL delay in the certification process, USCIS may look at the totality of the circumstances in determining whether to accept the late filing.
Bottom line is that getting an approved LCA before April 1, 2010 is crucial. Pay attention to detail and get the files ready in advance is a must.
More... (http://www.visalawyerblog.com/2010/03/h1b_visa_lawyer_getting_the_lc.html)
Example:
LCA start date: 9/1/10
LCA end date: 8/31/13
Form I-129 start date: 10/1/10
Form I-129 end date: 8/31/13
Due to delays in receiving approved LCAs, take the proper precautions and file your LCA early to avoid any undue delays.
Although under certain circumstances USCIS has agreed to accept H-1B petitions for processing that include LCAs that have not been certified, attorneys should understand that if the LCA submitted with the H-1B petition is eventually denied, the H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) will be denied, even if a subsequent certified LCA is submitted. This is even true where the denial is due to DOL error in not being able to verify a petitioner's FEIN. However, USCIS has also indicated that if the sole reason for failing to apply for an Extension of Status or Change of Status is due to DOL delay in the certification process, USCIS may look at the totality of the circumstances in determining whether to accept the late filing.
Bottom line is that getting an approved LCA before April 1, 2010 is crucial. Pay attention to detail and get the files ready in advance is a must.
More... (http://www.visalawyerblog.com/2010/03/h1b_visa_lawyer_getting_the_lc.html)
sreenivas11
08-28 04:02 PM
CC 08/14, Received Notice on 08/20 (LIN#), RD 07/02, ND 08/13
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