immi_2006
08-11 04:44 PM
You need to send your wifes application where your 1-140 is pending or approved.
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voldemar
10-23 09:39 PM
Hi Folks:
Is there a time limit for one to travel on Advance Parole. I was told that if a person travels abroad and intends to enter using AP, the maximum time allowed is 6 weeks, is this true?
Thanks
My son "traveled" on AP for almost 6 months.
Is there a time limit for one to travel on Advance Parole. I was told that if a person travels abroad and intends to enter using AP, the maximum time allowed is 6 weeks, is this true?
Thanks
My son "traveled" on AP for almost 6 months.
i99
09-18 01:46 PM
Please see another attorney (not through your employer) ASAP. Have and individual consultation. I think the best you can do is to help yourself at this point. Hang in there. :(
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Blog Feeds
10-26 11:40 AM
For most Lawyers handing H1B (http://www.h1b.biz/lawyer-attorney-1137085.html)cases, the problem with the Labor Condition Application (LCA) system has become a nightmare. Some cases take almost 14 days to be resolved and the FEIN denials are completely unreasonable.
Finally, the USCIS Ombudsman release a set of recommendations to handle the recent problems.
In August and September 2009, the Ombudsman received complaints concerning H-1B cases with incorrectly denied Labor Condition Applications (LCA/ETA-9035) filed with the U.S. Department of Labor (DOL). LCA processing delays and errors at DOL, when coupled with USCIS� current H-1B petition initial filing requirements, are prejudicing employers and individuals who are unable to timely file original or extension H-1B visa petitions. Untimely H-1B petition filings lead to
problems, including: (1) the potential loss of employees� legal status; (2) business operation disruptions due to the loss of continuity in the employment of key employees; and (3) economic loss to employees in the form of lost wages and costs of travel overseas due to loss of status. USCIS has the authority to mitigate the impact upon these customers.
To mitigate the impact of LCA processing difficulties, the Ombudsman recommends that USCIS:
(1) Reinstate USCIS� previous practice of temporarily accepting an H-1B petition (Form I- 129) supported by proof of timely filing of an LCA application with DOL, and issue a
Request for Evidence (RFE) whereby the H-1B petitioner later provides the certified
LCA; and
(2) Establish a temporary policy under which USCIS would excuse late H-1B filings where the petitioner has documented an LCA submission to DOL that was improperly
rejected.
Given that Form I-129 instructions say a petitioner must provide evidence that an LCA has been filed with DOL, and that USCIS has previously accommodated petitioners in nearly the same circumstances, implementing these recommendations as a temporary solution is warranted. We welcome the above referenced guidance, and hope this will assist many H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) filers that are in need of faster processing.
More... (http://www.visalawyerblog.com/2009/10/h1b_visa_lawyer_temporary_acce.html)
Finally, the USCIS Ombudsman release a set of recommendations to handle the recent problems.
In August and September 2009, the Ombudsman received complaints concerning H-1B cases with incorrectly denied Labor Condition Applications (LCA/ETA-9035) filed with the U.S. Department of Labor (DOL). LCA processing delays and errors at DOL, when coupled with USCIS� current H-1B petition initial filing requirements, are prejudicing employers and individuals who are unable to timely file original or extension H-1B visa petitions. Untimely H-1B petition filings lead to
problems, including: (1) the potential loss of employees� legal status; (2) business operation disruptions due to the loss of continuity in the employment of key employees; and (3) economic loss to employees in the form of lost wages and costs of travel overseas due to loss of status. USCIS has the authority to mitigate the impact upon these customers.
To mitigate the impact of LCA processing difficulties, the Ombudsman recommends that USCIS:
(1) Reinstate USCIS� previous practice of temporarily accepting an H-1B petition (Form I- 129) supported by proof of timely filing of an LCA application with DOL, and issue a
Request for Evidence (RFE) whereby the H-1B petitioner later provides the certified
LCA; and
(2) Establish a temporary policy under which USCIS would excuse late H-1B filings where the petitioner has documented an LCA submission to DOL that was improperly
rejected.
Given that Form I-129 instructions say a petitioner must provide evidence that an LCA has been filed with DOL, and that USCIS has previously accommodated petitioners in nearly the same circumstances, implementing these recommendations as a temporary solution is warranted. We welcome the above referenced guidance, and hope this will assist many H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) filers that are in need of faster processing.
More... (http://www.visalawyerblog.com/2009/10/h1b_visa_lawyer_temporary_acce.html)
more...
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09-13 11:14 AM
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chanduv23
07-08 12:28 PM
Dear Friends,
We recently moved our place and we are now in a new apartment.
We have immigration matters that needs to be updated but we don't know what we should do?
The following are affected
1. EAD
2. H1B
3. AP
4. I 485 related things.
My Ead and Ap has old address and the card also holds the same old address.
Could you please tell me what steps I must initiate to get this straightened out? Do I need a new EAD card? Please help me.
Thanks a ton!
Just go to online address change and do it for all your petitions.
On another note, is it true that people are getting RFEs when they do address change? Has anyone faced this?
We recently moved our place and we are now in a new apartment.
We have immigration matters that needs to be updated but we don't know what we should do?
The following are affected
1. EAD
2. H1B
3. AP
4. I 485 related things.
My Ead and Ap has old address and the card also holds the same old address.
Could you please tell me what steps I must initiate to get this straightened out? Do I need a new EAD card? Please help me.
Thanks a ton!
Just go to online address change and do it for all your petitions.
On another note, is it true that people are getting RFEs when they do address change? Has anyone faced this?
more...
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July 4th, 2006, 01:18 PM
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smrryl
01-07 09:19 AM
Hi,
I 've applied for my H1 extension in August 2009 (Just two weeks before my previous I-94 was expiring), after a month I have been facilitated with RFE for client letter. As usually my client denied providing me a letter and told me to contact primary vendor for any of this kind. Finally got a letter from primary vendor with roles and responsibilities of mine with very extended duration. RFE was answered with the primary vendor letter, and after couple weeks extension was denied.
Now my previous H1 got expired two months back, initially my employer told me that he will open MTR but attorney suggested that chances of MTR success is less and asked to file new application for extension. Another application (premium) was filed within 2 weeks of first application denial and after couple weeks my extension was approved.
1. will the period between initial H1 expirey date and approval of 2nd application for extension considered as "out of status" ?
2. Had to visit india and need to go for stamping, how is mexico in my case?
3. I heard that due to not having an entry in PIM, applications are kept pending for 4 to 6 days in india with 221g. How about mexico, will it be same?
Thanks in Advance.
smrryl
I 've applied for my H1 extension in August 2009 (Just two weeks before my previous I-94 was expiring), after a month I have been facilitated with RFE for client letter. As usually my client denied providing me a letter and told me to contact primary vendor for any of this kind. Finally got a letter from primary vendor with roles and responsibilities of mine with very extended duration. RFE was answered with the primary vendor letter, and after couple weeks extension was denied.
Now my previous H1 got expired two months back, initially my employer told me that he will open MTR but attorney suggested that chances of MTR success is less and asked to file new application for extension. Another application (premium) was filed within 2 weeks of first application denial and after couple weeks my extension was approved.
1. will the period between initial H1 expirey date and approval of 2nd application for extension considered as "out of status" ?
2. Had to visit india and need to go for stamping, how is mexico in my case?
3. I heard that due to not having an entry in PIM, applications are kept pending for 4 to 6 days in india with 221g. How about mexico, will it be same?
Thanks in Advance.
smrryl
more...
gc_on_demand
12-30 10:06 AM
I would be going for my H1B renewal stamping, would appreciate if someone responds to this question.
belmontboy ,
I am in same boat.. I am going mumbai india in feb for stamping. Where are you going for stamping. I heard lately that there is no way we can pre check PIMS. I have asked my lawer but haven't got reply yet.. If you lawer has sent duplicate copy of H1b document to Kentucky Visa center then there should not be issue.( 99.99 % should be safe ).. If not then there is risk involved.
belmontboy ,
I am in same boat.. I am going mumbai india in feb for stamping. Where are you going for stamping. I heard lately that there is no way we can pre check PIMS. I have asked my lawer but haven't got reply yet.. If you lawer has sent duplicate copy of H1b document to Kentucky Visa center then there should not be issue.( 99.99 % should be safe ).. If not then there is risk involved.
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jliechty
March 24th, 2007, 01:34 AM
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TheCanadian
11-01 12:09 AM
You've met him? Did he design these logos? And who can't bite through someone's jugular? All of these questions must be answered before development of the Corn-on-the-Cob Book Pro and iPineapple can continue.
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linuxra
09-28 09:34 PM
Before i present my RFE I will explaing My GC:
I did masters and worked on OPT for sometime with Company A and they applied H1B,
still working for Company A as H1B as Senoir Programmer ANalyst.
At one point CompanyB filed GC process and I-140 approved as a IT Manager in EB2
PD=jan 2006
Still working with H1B from COmpany A
I never worked for Company B and it no longer exists...
Company A recently merged with ANother Company X
I recently got an RFE How do i respond PLease help me:
Below are the details
Please submit a properly completcd Form G-325A, Biographic Information Sheet, for yourself. Your original
signature is required on the Form G-325A. Photocopied signatures are not acceptable. Blank immigration forms
and information are available online from the official Service website: USCIS Home Page. You may also ordcr
immigration forms by phone at 1-800-870-3676.
Submit documentary evidencc to establish your employmcnt history listcd on Form G-325A. Such evidence
should include, but is not limited to:
Clear copies ofIRS Form W -2 wage and tax statcmcnts;
Pay vouchers;
Complete copies of properly filcd Federal Individual Income Tax Returns (IRS Form 1040);
Any additional documentation which confirms your employment history.
You must submit a currcntly dated letter from your intended permanent employer dcseribing your present job
duties and position in the organization, your proffered position, if different from your current position, the date
you began employment and the offered salary or wage. This letter must be in the original and signed by an
executive or officer of the organization who is authorized to make or confirm an offer of permanent
employment. The letter must also indicate whether the terms and conditions of your employment-based visa
petition or labor certification continue to exist.
If you have changed employers since filing your application for adjustment of status, please submit a statement
which lists the names and locations of all employers you have had in the US and the beginning and end dates of
each position unless these have been included on Form G-325A.
Nebraska
I did masters and worked on OPT for sometime with Company A and they applied H1B,
still working for Company A as H1B as Senoir Programmer ANalyst.
At one point CompanyB filed GC process and I-140 approved as a IT Manager in EB2
PD=jan 2006
Still working with H1B from COmpany A
I never worked for Company B and it no longer exists...
Company A recently merged with ANother Company X
I recently got an RFE How do i respond PLease help me:
Below are the details
Please submit a properly completcd Form G-325A, Biographic Information Sheet, for yourself. Your original
signature is required on the Form G-325A. Photocopied signatures are not acceptable. Blank immigration forms
and information are available online from the official Service website: USCIS Home Page. You may also ordcr
immigration forms by phone at 1-800-870-3676.
Submit documentary evidencc to establish your employmcnt history listcd on Form G-325A. Such evidence
should include, but is not limited to:
Clear copies ofIRS Form W -2 wage and tax statcmcnts;
Pay vouchers;
Complete copies of properly filcd Federal Individual Income Tax Returns (IRS Form 1040);
Any additional documentation which confirms your employment history.
You must submit a currcntly dated letter from your intended permanent employer dcseribing your present job
duties and position in the organization, your proffered position, if different from your current position, the date
you began employment and the offered salary or wage. This letter must be in the original and signed by an
executive or officer of the organization who is authorized to make or confirm an offer of permanent
employment. The letter must also indicate whether the terms and conditions of your employment-based visa
petition or labor certification continue to exist.
If you have changed employers since filing your application for adjustment of status, please submit a statement
which lists the names and locations of all employers you have had in the US and the beginning and end dates of
each position unless these have been included on Form G-325A.
Nebraska
more...
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everonh1
06-26 12:07 AM
Hi All,
I am planning to paper file my wife's EAD renewal and AP for both me and my wife.
Questions:-
1. Can anyone who paper filed recently post information on filing EAD/AP
2. Since my wife filed for I-485 last year and paid $1010 fees,she falls under FEE WAIVER for both EAD and AP-I believe she can renew EAD/AP unlimited till she gets GC?
3. Can someone post what did they do additional for filing as FEE WAIVER?
Any detailed steps on paper filing with FEE WAIVER would be great.
Thanks in advance for your replies.
Regards,
everonh1
I am planning to paper file my wife's EAD renewal and AP for both me and my wife.
Questions:-
1. Can anyone who paper filed recently post information on filing EAD/AP
2. Since my wife filed for I-485 last year and paid $1010 fees,she falls under FEE WAIVER for both EAD and AP-I believe she can renew EAD/AP unlimited till she gets GC?
3. Can someone post what did they do additional for filing as FEE WAIVER?
Any detailed steps on paper filing with FEE WAIVER would be great.
Thanks in advance for your replies.
Regards,
everonh1
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realizeit
06-10 12:46 PM
From Oh:
06/10/2008: USCIS to Issue Multiple-Year EAD for I-485 Waiters at End of June 2008!
The Secretary of the Department of Homeland Security announced on 06/09/2008 that the DHS would start issuing multiple year EAD beginning from end of June 2008 for the I-485 filers. Hooray!
http://www.immigration-law.com/
FROM DHS Secretary Chertoff
.... I'm also pleased to announce that we will be extending the validity period of the employment authorization documents that we issue to individuals who are waiting adjustment of status to lawful permit residenture or in colloquial phrase, the green card.
Currently, adjustment applications are granted employment authorization documents with only a one year maximum validity. Beginning later this month, we'll start issuing these documents with a two-year validity period for aliens who are waiting adjustment of status if their application is expected to be pending for more than a year.
This, again, is eliminating a persistent source of frustration for workers who are here, who have a pending adjustment application but have to go and renew their employment documents every single year. It's going to cut the paperwork there. ....
Link: http://www.dhs.gov/xnews/releases/pr_1213101513448.shtm
06/10/2008: USCIS to Issue Multiple-Year EAD for I-485 Waiters at End of June 2008!
The Secretary of the Department of Homeland Security announced on 06/09/2008 that the DHS would start issuing multiple year EAD beginning from end of June 2008 for the I-485 filers. Hooray!
http://www.immigration-law.com/
FROM DHS Secretary Chertoff
.... I'm also pleased to announce that we will be extending the validity period of the employment authorization documents that we issue to individuals who are waiting adjustment of status to lawful permit residenture or in colloquial phrase, the green card.
Currently, adjustment applications are granted employment authorization documents with only a one year maximum validity. Beginning later this month, we'll start issuing these documents with a two-year validity period for aliens who are waiting adjustment of status if their application is expected to be pending for more than a year.
This, again, is eliminating a persistent source of frustration for workers who are here, who have a pending adjustment application but have to go and renew their employment documents every single year. It's going to cut the paperwork there. ....
Link: http://www.dhs.gov/xnews/releases/pr_1213101513448.shtm
more...
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ilikekilo
04-09 03:50 PM
I just received an email from USCIS saying that my I-140 has been denied. I touched base with the attorney & she has not yet received any documentation from USCIS. This has been the 1st change in my status since Aug 07. My case is pending at TSC.
Does anyone know if this is a fairly common occurance for USCIS to deny I-140 without an RFE? Any advise on what to do next?
Thanks.
sorry to hear that and look at this link , might throw some insight once you know the reason..
http://www..com/usa-discussion-forums/i140/304574943
Does anyone know if this is a fairly common occurance for USCIS to deny I-140 without an RFE? Any advise on what to do next?
Thanks.
sorry to hear that and look at this link , might throw some insight once you know the reason..
http://www..com/usa-discussion-forums/i140/304574943
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LostInGCProcess
09-17 12:32 PM
green if this helps otherwise just ignore.
http://immigration-information.com/forums/showthread.php?t=6243
That was informative. You get a green. :D
http://immigration-information.com/forums/showthread.php?t=6243
That was informative. You get a green. :D
more...
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a2006
10-04 03:30 PM
$930 plus a biometrics fee of $80; the fee total is $1,010. Exceptions listed below. There is no fee for applicants who are filing Form I-485 based on having been admitted to the United States as a refugee. Applicants 80 years of age or older are not charged a biometric fee; the fee total is $930. Applicants under 14 years of age: - Filing with the I-485 application of at least one parent have a fee total of $600 - Not filing with the I-485 application of at least one parent have a fee total of $930
I would assume that EAD and AP have to be paid for separately.
see the last paragraph. Looks like the new fee is a combined fee.
http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf
I would assume that EAD and AP have to be paid for separately.
see the last paragraph. Looks like the new fee is a combined fee.
http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf
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poise2000
07-30 01:11 PM
an local govenment gave me an offer but the salary is lower than prevailing wage around that area shown in the DOL. Would it be a big problem for H1b application next year? It is impossible to increase the salary because the working location is not rich in that area.
I heard that I can hire some survey company to get a lower salary survey for the specific location which can be used to apply H1b, is it correct? Thanks
Should I accept this offer? I have searched jobs for 6 months and only have this offer. Thanks for your suggestion.
I heard that I can hire some survey company to get a lower salary survey for the specific location which can be used to apply H1b, is it correct? Thanks
Should I accept this offer? I have searched jobs for 6 months and only have this offer. Thanks for your suggestion.
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uma001
08-31 01:25 PM
My current reporting structure with my employer is:
Client -> Prime Vendor -> Consultant X -> My employer
Another consultant is ready to transfer my visa and the reporting structure there is
Client -> Prime Vendor -> My employer
A prime vendor (not the same client) is also ready to transfer my visa
Client -> My employer
I am planning to transfer it to either (or both) of the above two companies. Will there be a problem in those two companies filing for a tranfer at (approx) the same time?
Is there a way I can ask an attorney directly (I am willing to pay for that service)
Why do you want to transfer to both companies same time? If so, how can you work for both companies same time.
Client -> Prime Vendor -> Consultant X -> My employer
Another consultant is ready to transfer my visa and the reporting structure there is
Client -> Prime Vendor -> My employer
A prime vendor (not the same client) is also ready to transfer my visa
Client -> My employer
I am planning to transfer it to either (or both) of the above two companies. Will there be a problem in those two companies filing for a tranfer at (approx) the same time?
Is there a way I can ask an attorney directly (I am willing to pay for that service)
Why do you want to transfer to both companies same time? If so, how can you work for both companies same time.
softcrowd
06-17 07:50 PM
I & My wife are working on H1-B visas currently. We two simulataneously started our Greencard process with our employers.
Both of us have a priority date of Sept 2006 & our EB category is Eb2. Both our labors got approved & applied for I-140s. My wife's I-140 got approved recently (from TSC) while Mine is still pending with NSC (Nebraska dates are behind).
A couple of months back, my current employer offered me a pre-aproved EB3 labor (from April 2004) & asked me to apply for I-140 (Substitute). He told me that once approved, I can port this EB3 2004 priority date onto my Eb2 I140. I applied for the same in premium processing, subsequently got an ability-to-Pay RFE and employer is working on providing audited financial statements from 2004.
Overall, we have 3 I-140s between me (2 pending) & my wife (1 Approved). Now that everything is current which one should we pick for applying I-485....This has become a big puzzle for us.
Here below is a snapshot of our status:
Me - EB2 (Sept 2006) - I-140 Pending
- EB3 (Apr 2004) - I-140 Pending (got RFE)
My wife - EB2 (Sept 2006) - I-140 Approved
Here are the options we could think of -
I know, the safest way is to apply I-485 to my wife's approved I-140. But with the DHS's forecast that retrogression is going to be back anytime around Spetember of this year, I am not sure if applying 485 based on a year 2006's date is any useful!! (We get EAD but we may be struck for years to get the green cards).
Is there an option for both of us to apply for I-485s (I will be dependent on my wife's application & my wife would be dependent on my application). If possible, this option gives us a safety net & also helps us in picking up the best. I know at some point, we have to choose between either of the I-485s but hopefully in a couple of months, we get clarity when both my I-140s are approved.
Or is it possible for me to apply for AOS on my pending EB2 2006 I-140 and then once my other Eb3 I-140 is also approved, Can I port the PDs while my I-485 is pending??
In essence, I am trying to find out a way to take advantage of 2004 Priority date I have (assuming Eb3 I-140 is approved).
Could you please help out, if you have any ideas!!
Both of us have a priority date of Sept 2006 & our EB category is Eb2. Both our labors got approved & applied for I-140s. My wife's I-140 got approved recently (from TSC) while Mine is still pending with NSC (Nebraska dates are behind).
A couple of months back, my current employer offered me a pre-aproved EB3 labor (from April 2004) & asked me to apply for I-140 (Substitute). He told me that once approved, I can port this EB3 2004 priority date onto my Eb2 I140. I applied for the same in premium processing, subsequently got an ability-to-Pay RFE and employer is working on providing audited financial statements from 2004.
Overall, we have 3 I-140s between me (2 pending) & my wife (1 Approved). Now that everything is current which one should we pick for applying I-485....This has become a big puzzle for us.
Here below is a snapshot of our status:
Me - EB2 (Sept 2006) - I-140 Pending
- EB3 (Apr 2004) - I-140 Pending (got RFE)
My wife - EB2 (Sept 2006) - I-140 Approved
Here are the options we could think of -
I know, the safest way is to apply I-485 to my wife's approved I-140. But with the DHS's forecast that retrogression is going to be back anytime around Spetember of this year, I am not sure if applying 485 based on a year 2006's date is any useful!! (We get EAD but we may be struck for years to get the green cards).
Is there an option for both of us to apply for I-485s (I will be dependent on my wife's application & my wife would be dependent on my application). If possible, this option gives us a safety net & also helps us in picking up the best. I know at some point, we have to choose between either of the I-485s but hopefully in a couple of months, we get clarity when both my I-140s are approved.
Or is it possible for me to apply for AOS on my pending EB2 2006 I-140 and then once my other Eb3 I-140 is also approved, Can I port the PDs while my I-485 is pending??
In essence, I am trying to find out a way to take advantage of 2004 Priority date I have (assuming Eb3 I-140 is approved).
Could you please help out, if you have any ideas!!
mdy_tvr
09-26 03:09 PM
Hi Guys
I am about to file the 485/EAD/AP based on EB2 PD May 2003.
My lawyer says that after July 30th 2007, if we are filing EAD & AP along with 485, then we do NOT need to include the fees of EAD and AP. The total fee in such a case is 1010$.(485 + Biometric = 930+80 = 1010$)
Is this correct that if EAD/AP are applied with 485 after July 30th 2007, then there is no special fee for EAD/AP
Thanks
I am about to file the 485/EAD/AP based on EB2 PD May 2003.
My lawyer says that after July 30th 2007, if we are filing EAD & AP along with 485, then we do NOT need to include the fees of EAD and AP. The total fee in such a case is 1010$.(485 + Biometric = 930+80 = 1010$)
Is this correct that if EAD/AP are applied with 485 after July 30th 2007, then there is no special fee for EAD/AP
Thanks
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