Arvin_H1
08-19 02:33 PM
If you reappeal I think until the decision comes you are okay. But I'm
not sure if you can work. Need to check with an attorney.
If your job description need to match the degree you should be fine.
Did you submit a credential evaluation? I think if both of the above
things are okay, you should be through.
If I were you I will contact an attorney, like Sheela or Rajiv who
knows what they are doing.
babu
Thank you all for your advices.
As this is my H1 extension, my credential evaluation done with first H1 process itself. and, my I-94 also expired in Sept'07.
Does anyone know any good attorney that i can contact and take more suggestions on my issue..?
not sure if you can work. Need to check with an attorney.
If your job description need to match the degree you should be fine.
Did you submit a credential evaluation? I think if both of the above
things are okay, you should be through.
If I were you I will contact an attorney, like Sheela or Rajiv who
knows what they are doing.
babu
Thank you all for your advices.
As this is my H1 extension, my credential evaluation done with first H1 process itself. and, my I-94 also expired in Sept'07.
Does anyone know any good attorney that i can contact and take more suggestions on my issue..?
retrohatao
07-17 04:08 PM
Thanks to all.
modvik,
Search in immigrationportal for "POJ" trick to know how to talk to a real person. Please do not over do it.
modvik,
Search in immigrationportal for "POJ" trick to know how to talk to a real person. Please do not over do it.
smartboy75
09-29 03:43 PM
I wish...:)
But on a serious note, I think It could be this. My wife is currently on an h4 visa and has applied for her I-485, I-765 and I-131 with me.
She had an EAD when she was on L2, when I was on L1 before switching to H1.
When we applied for her I-765, lawyer suggested we select Renewal of EAD option for my wife bcoz she already has an EAD and there is no need for a new EAD now.
May be that is why they may be waiving the fee ?? I don't know....my guess
But on a serious note, I think It could be this. My wife is currently on an h4 visa and has applied for her I-485, I-765 and I-131 with me.
She had an EAD when she was on L2, when I was on L1 before switching to H1.
When we applied for her I-765, lawyer suggested we select Renewal of EAD option for my wife bcoz she already has an EAD and there is no need for a new EAD now.
May be that is why they may be waiving the fee ?? I don't know....my guess
rr_immaculate
08-05 08:14 AM
Your I-94 SHOULD have the same number as the old one!
Whether they give you a new white and stamped or the printed I-797 I-94 is a moot point. The validity date and the number is what matters.
I was once given a new I-94 after visa stamping in Canada at the Derby Line border post in VT with the same I-94 # as the old (and printed I-797 I-94) for a $6 charge.
You saved $6. Go buy nice milkshakes for the family and be cool.
It is a non-issue.
Thanks for the reply.
The printed I-797 bottom left is for employee's records and the right part is the equivalent of the I-94. The officer did not put a seal with the expiry date (normally they put a seal on I-94 mentioning the visa type and expiry date) on the right part. If I am surrendering this part while leaving the country,how can they determine if I overstayed my I-94 date or not since there is no expiry date on the bottom right part.
Whether they give you a new white and stamped or the printed I-797 I-94 is a moot point. The validity date and the number is what matters.
I was once given a new I-94 after visa stamping in Canada at the Derby Line border post in VT with the same I-94 # as the old (and printed I-797 I-94) for a $6 charge.
You saved $6. Go buy nice milkshakes for the family and be cool.
It is a non-issue.
Thanks for the reply.
The printed I-797 bottom left is for employee's records and the right part is the equivalent of the I-94. The officer did not put a seal with the expiry date (normally they put a seal on I-94 mentioning the visa type and expiry date) on the right part. If I am surrendering this part while leaving the country,how can they determine if I overstayed my I-94 date or not since there is no expiry date on the bottom right part.
more...
siravi
11-15 04:46 PM
yes he is Math teacher.
What is process of getting H1B. Is they are applicable for H1B or they need diff VISA. then what is the process of getting that. or if they are applicable for H1b then it is the same process as for S/W Prof.
sdudeja: I sent you PM, Please look it
Is any other thing which we need to take care about.
Thanks
I am a teacher at an NGO. I am not sure if I understood your question, but hope this helps,,,
First, you have to comply with the state procedures for teacher certification and eligibility. You need the work/H1B visa; the procedure is same as that for all other jobs. The school/orgaization should be ready/willing to sponsor one for a work visa.
sdudeja, nice to meet another teacher on the forum!
What is process of getting H1B. Is they are applicable for H1B or they need diff VISA. then what is the process of getting that. or if they are applicable for H1b then it is the same process as for S/W Prof.
sdudeja: I sent you PM, Please look it
Is any other thing which we need to take care about.
Thanks
I am a teacher at an NGO. I am not sure if I understood your question, but hope this helps,,,
First, you have to comply with the state procedures for teacher certification and eligibility. You need the work/H1B visa; the procedure is same as that for all other jobs. The school/orgaization should be ready/willing to sponsor one for a work visa.
sdudeja, nice to meet another teacher on the forum!
gc4me
07-17 01:44 PM
They tell this to everybody. A very common answer. They told me so, so to my 2 other friends but in either cases, no GC was approved inspite of our PDs were current. And later it turned out that my name check is pending (don't know what is 180 rule mean) when I took Infopass.
So don't believe those CS answering over the phone. They say name check is clear when it is not clear, they say I-485 processing date is 2006, April when processing date is 2007, April 28. Bunch of junkies or may be summer interns (all called I made around summer time).
To be CS in USCIS the only qualification you need is to be an US Citizen with back ground check cleared and a high school diploma :-(.
How a person can understand with the above qualification all those difficult stuff like PD, RD, AP, EAD, LC, 485, 140 !!!
And some CS even referring my I-485 application as I-40 :-( repeatedly.
They may have to answer so many other complicated cases in Family category as well. Like what happen when spouse gets divorced? Can one file dependent GC if he/she is gay? Some one got married one US citizen after crossing the broader illegally, can she/he get GC? Can a son/daughter from stepmother apply for GC? So don't blame them either.
Folks,
Last month I called TSC and got a really nice IO. I was checking on my FBI name check status and he told me that he can get more details by A# instead of receipt NO. He in fact found my A# as i only had receipt number handy. He than told me that the FBI checks are cleared and my case is assigned to an IO.
Does case assigned to an IO means that when Visa nos are available i have chance to get GC? Does it mean it is adjudicated and waiting for visa NO?
EB2-I
PD: Jul 2004
I-140 approved
I-485: RD 02 Aug, 2007
So don't believe those CS answering over the phone. They say name check is clear when it is not clear, they say I-485 processing date is 2006, April when processing date is 2007, April 28. Bunch of junkies or may be summer interns (all called I made around summer time).
To be CS in USCIS the only qualification you need is to be an US Citizen with back ground check cleared and a high school diploma :-(.
How a person can understand with the above qualification all those difficult stuff like PD, RD, AP, EAD, LC, 485, 140 !!!
And some CS even referring my I-485 application as I-40 :-( repeatedly.
They may have to answer so many other complicated cases in Family category as well. Like what happen when spouse gets divorced? Can one file dependent GC if he/she is gay? Some one got married one US citizen after crossing the broader illegally, can she/he get GC? Can a son/daughter from stepmother apply for GC? So don't blame them either.
Folks,
Last month I called TSC and got a really nice IO. I was checking on my FBI name check status and he told me that he can get more details by A# instead of receipt NO. He in fact found my A# as i only had receipt number handy. He than told me that the FBI checks are cleared and my case is assigned to an IO.
Does case assigned to an IO means that when Visa nos are available i have chance to get GC? Does it mean it is adjudicated and waiting for visa NO?
EB2-I
PD: Jul 2004
I-140 approved
I-485: RD 02 Aug, 2007
more...
chanduv23
09-12 03:58 PM
Just like *ranga*, *billa* also has a story.
billa went to Texas A and M for his Mechanical Engineering and then moved into a lucrative job at a world famous oil company in Houston. His company has offered him a permanant job and offered to do his Green Card. But they don't know he will be leaving his job to go to Dubai because of Green Card logjam and uncertaainity that prevails.
Lets help to keep Billa and Ranga in the US. Lets all go to the rally
billa went to Texas A and M for his Mechanical Engineering and then moved into a lucrative job at a world famous oil company in Houston. His company has offered him a permanant job and offered to do his Green Card. But they don't know he will be leaving his job to go to Dubai because of Green Card logjam and uncertaainity that prevails.
Lets help to keep Billa and Ranga in the US. Lets all go to the rally
OLDMONK
09-16 12:29 AM
Same situation here. As per my lawyer (good lawyer can be trusted but could be ill informed) If my wife doesn't join the employer there is no status change. No need to file any reinstatement from H4 to H1. And I have reconfirmed this a couple of times now.
If you hear anything different from a legit source please do let me know.
Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.
If you hear anything different from a legit source please do let me know.
Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.
more...
american_dreams
07-31 04:48 PM
Noting to worry. You will get your DL in mail. Till then you can use the temporary one. Usually the offices in the same state will be aware of the policies. But if you travel out of state some times you might have to just explain to them if needed.
Till you get your DL in mail you have to use a differnt photo ID if needed.
Till you get your DL in mail you have to use a differnt photo ID if needed.
sweet_jungle
11-17 12:26 AM
it is the primary applicat's status which matters. spouse can be on any non immigrant status to file for I-485.
Once spouse's I-485 will be filed, F1 will become invalid but will become AOS applicant. AOS is a status by itself and you will not be out of status. Spouse will be eligible for EAD and AP to work and travel. There is no need to convert back to H4 before filing for I-485.
The only danger is if for some reason, I-485 is denied, then AOS status becomes invalid and then it will be out of status. In that case, primary applicant should have maintained H1 status (used H1 transfer to change jobs instead of EAD and used H1 visa to travel instead of AP) and that can be used for re-instatement of status of spouse back to H4.
In summary, bringing back to H4 before filing for I-485 might be safer but may be impractical as the conversion will take time and in that time, one might miss the priority date window which will change month to month. Also, if spouse is using F1 to work, conversion back to H4 will require stoppage of work till EAD.
Once spouse's I-485 will be filed, F1 will become invalid but will become AOS applicant. AOS is a status by itself and you will not be out of status. Spouse will be eligible for EAD and AP to work and travel. There is no need to convert back to H4 before filing for I-485.
The only danger is if for some reason, I-485 is denied, then AOS status becomes invalid and then it will be out of status. In that case, primary applicant should have maintained H1 status (used H1 transfer to change jobs instead of EAD and used H1 visa to travel instead of AP) and that can be used for re-instatement of status of spouse back to H4.
In summary, bringing back to H4 before filing for I-485 might be safer but may be impractical as the conversion will take time and in that time, one might miss the priority date window which will change month to month. Also, if spouse is using F1 to work, conversion back to H4 will require stoppage of work till EAD.
more...
reddymjm
03-17 02:01 PM
I am in same situation and had a meeting with my attorney to get more information, according to his experience with all his cases to date, he said there is 70 - 30 ratio, 70% have recieved rfe and 30% got approved without rfe. And after july fiasco he said it's better to wait for rfe and respond rather then ammending 485 application, now that's another question that my attorney will easily make it to top 10 list of all time worst attorneys. So I am looking for second opinion too.
So I would say wait till you get an RFE and respond ASAP.
So I would say wait till you get an RFE and respond ASAP.
googlegc
04-07 09:58 AM
1. YES
2. NO
3. YES
4. NO
I am planning to change jobs using the EAD / AC-21 in the next couple of months. To start off the process I wanted to get all the approval notices from the lawyer so that I have all the documents in place before I change jobs.
My employer uses a popular law firm to handle the immigration filing etc. I sent an email to the lawyer asking them to send me a copy of the I-140 approval notice.The lawyer responded that according to my company's internal policy they will not provide me a copy of the I-140 approval notice.
I would like to know the following -
1) Has someone else also faced a similar issue ?
2) If so , is there a way to get them to send me a copy of th 140 approval notice
3) Does the employer by law have the authority to restrict the distribution of the 140 approval notice
4) Do I need the 140 approval notice in order to use EAD/AC-21 to change jobs ?
Thanks
2. NO
3. YES
4. NO
I am planning to change jobs using the EAD / AC-21 in the next couple of months. To start off the process I wanted to get all the approval notices from the lawyer so that I have all the documents in place before I change jobs.
My employer uses a popular law firm to handle the immigration filing etc. I sent an email to the lawyer asking them to send me a copy of the I-140 approval notice.The lawyer responded that according to my company's internal policy they will not provide me a copy of the I-140 approval notice.
I would like to know the following -
1) Has someone else also faced a similar issue ?
2) If so , is there a way to get them to send me a copy of th 140 approval notice
3) Does the employer by law have the authority to restrict the distribution of the 140 approval notice
4) Do I need the 140 approval notice in order to use EAD/AC-21 to change jobs ?
Thanks
more...
lazycis
01-10 04:23 PM
My husband was born in Switzerland, I was born in China. I borrowed my husband's nationality to submit 485 and 140 concurrently. from the replies above, my case should follow Switzerland, not China. Is that correct? Thanks.
Correct.
Correct.
prabhu07
05-21 12:02 PM
@surabhi - Adios Amigos.
more...
ponvas
09-20 02:48 AM
http://www.washingtonpost.com/wp-dyn/content/article/2007/09/18/AR2007091801944.html
http://www.ocregister.com/news/green-highly-skilled-1847985-immigration-voice
http://www.nytimes.com/2007/09/19/us/19immigration.html?ref=us
http://mangalorean.com/news.php?newstype=broadcast&broadcastid=53421
http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070025734&ch=9/11/2007%205:05:00%20PM
http://news.bbc.co.uk/2/hi/south_asia/7002296.stm
http://www.mercurynews.com/lachung/ci_6935022
http://www.businessweek.com/bwdaily/dnflash/content/sep2007/db20070917_552357.htm?chan=top+news_top+news+index _businessweek+exclusives
http://www.ocregister.com/news/green-highly-skilled-1847985-immigration-voice
http://www.nytimes.com/2007/09/19/us/19immigration.html?ref=us
http://mangalorean.com/news.php?newstype=broadcast&broadcastid=53421
http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070025734&ch=9/11/2007%205:05:00%20PM
http://news.bbc.co.uk/2/hi/south_asia/7002296.stm
http://www.mercurynews.com/lachung/ci_6935022
http://www.businessweek.com/bwdaily/dnflash/content/sep2007/db20070917_552357.htm?chan=top+news_top+news+index _businessweek+exclusives
wandmaker
10-13 09:42 AM
She can get letter from her employer that mentions that she's on maternity leave to prove that she is still employed and also that she can join back.
two words, good luck
two words, good luck
more...
newuser
03-13 01:57 PM
FBI Arrests DC Official (http://blogs.abcnews.com/politicalpunch/2009/03/fbi-arrests-dc.html)
Why do you have to open a thread that has no relevance to what we discuss here on IV. Please don't try to sensationalize everything. There were references to this news in other threads already.
Admin - Please delete this thread as this was discussed in other threads.
Why do you have to open a thread that has no relevance to what we discuss here on IV. Please don't try to sensationalize everything. There were references to this news in other threads already.
Admin - Please delete this thread as this was discussed in other threads.
waitingGC
03-21 10:58 AM
My wife will apply for H1 this April. I also have some questions:
1. can she transfer her H1 to another company before she starts to work for the company which sponsors her H1B?
2. if she does not want to join the sponsoring company, can she transfer back to H4 after getting H1B approval but before Oct. 1st? Under this circumstance, is she subject to H1 quota in the future?
1. can she transfer her H1 to another company before she starts to work for the company which sponsors her H1B?
2. if she does not want to join the sponsoring company, can she transfer back to H4 after getting H1B approval but before Oct. 1st? Under this circumstance, is she subject to H1 quota in the future?
gc1024
07-17 04:53 PM
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
The above has these two items.
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
E. AUGUST EMPLOYMENT-BASED VISA AVAILABILITY
All Employment-based preference categories are �Unavailable� for August. At this time, it is uncertain whether any numbers will be returned and can be reallocated at a future date. Until informed otherwise, all readers should assume that the categories will remain unavailable until October, which is the beginning of the new fiscal year.
Is D applicable to those who filed earlier this month and E for those waiting to file?
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
The above has these two items.
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
E. AUGUST EMPLOYMENT-BASED VISA AVAILABILITY
All Employment-based preference categories are �Unavailable� for August. At this time, it is uncertain whether any numbers will be returned and can be reallocated at a future date. Until informed otherwise, all readers should assume that the categories will remain unavailable until October, which is the beginning of the new fiscal year.
Is D applicable to those who filed earlier this month and E for those waiting to file?
zimmy100
03-25 10:58 AM
TwinkleM ,
Why I said great mistake filing I 485 in EB3 COZ,
1) I have seen many people who has PD in 2006 has already received GC last year
2) I read one of the forum ( I guess it is Murthy forum), it was a little advise that if you have an opportunity go for HIGH, in my case EB2 and file I 485, if in case it get rejected or so then they are suggesting to file EB3.
3) History says after 2000 it self dates are current in 2 times one early 2000 and other one recently 2007. Look at the mass filing in 2007 and you can imagine same in early 2000.
I have been seeing EB3 at 2001 from past 3 years, all I see is May 2001 to Nov 2001 (of course it went up for small time)
And on different reply,
Attorney said she will file porting when I get a chance to file I 485 under EB2. In this economy I do not know how long I can stick to the employer.
Thanks,
Why I said great mistake filing I 485 in EB3 COZ,
1) I have seen many people who has PD in 2006 has already received GC last year
2) I read one of the forum ( I guess it is Murthy forum), it was a little advise that if you have an opportunity go for HIGH, in my case EB2 and file I 485, if in case it get rejected or so then they are suggesting to file EB3.
3) History says after 2000 it self dates are current in 2 times one early 2000 and other one recently 2007. Look at the mass filing in 2007 and you can imagine same in early 2000.
I have been seeing EB3 at 2001 from past 3 years, all I see is May 2001 to Nov 2001 (of course it went up for small time)
And on different reply,
Attorney said she will file porting when I get a chance to file I 485 under EB2. In this economy I do not know how long I can stick to the employer.
Thanks,
wandmaker
10-24 01:07 AM
Your labor wants masters only or bachelors with 5 years is acceptable?
Look bullet no. 2.
The following degree equivalency determinations have been made by the AAO, USCIS, District Court and through regulations:
1. A Bachelor of Medicine & Bachelor of Surgery (MBBS) is the foreign equivalent of a US medical degree. (2009)
2. A three year Bachelor�s degree from India is equivalent to a US Bachelor�s degree. (2008)
EB-2 & EB-3 Degree Equivalency | US Immigration Blog (http://blog.messersmithlaw.com/?p=50)
MurthyDotCom : Combination Degrees found by AAO Equal to 4-Year U.S. Degree (http://www.murthy.com/news/n_combdg.html)
YOU NEED GOOD LAWYER. FILE COMPLAINT WITH AAO.
Good find - IF OPs labor has "bachelors +5 years" then s/he can be back in track otherwise the chances are slim to none.
Look bullet no. 2.
The following degree equivalency determinations have been made by the AAO, USCIS, District Court and through regulations:
1. A Bachelor of Medicine & Bachelor of Surgery (MBBS) is the foreign equivalent of a US medical degree. (2009)
2. A three year Bachelor�s degree from India is equivalent to a US Bachelor�s degree. (2008)
EB-2 & EB-3 Degree Equivalency | US Immigration Blog (http://blog.messersmithlaw.com/?p=50)
MurthyDotCom : Combination Degrees found by AAO Equal to 4-Year U.S. Degree (http://www.murthy.com/news/n_combdg.html)
YOU NEED GOOD LAWYER. FILE COMPLAINT WITH AAO.
Good find - IF OPs labor has "bachelors +5 years" then s/he can be back in track otherwise the chances are slim to none.
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