morchu
05-07 09:03 PM
Yes.
Can I accept a job abroad and work aborad while I'm waiting for the visa bulletin to become current?
Can I accept a job abroad and work aborad while I'm waiting for the visa bulletin to become current?
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Sparkling
04-26 04:37 PM
Dear Lawyer,
I posted my story in "all other green card issues" I'm sorry I don't know how to link it.
I am married to a US citizen - married since 10/23/04 - we have lived in the US before where I obtained a conditional green card : given 01/17/06 expired 01/17/08. We left the US in may of 07 to live in denmark (my home country) and thought the conditional green card was "gone" when it expired and did not apply to remove conditions in time.
In 2009 we decided to return to the states - I came here 10/16/09 on a visa waiver. In december 09 we filed i130 and in march i485 thinking we had to start over on the process of getting a green card.
April 8th -10 we recieved a denial letter saying:
"A review of agency records indicates that the beneficiary has already aquired lawful permanent resident status on january 17 2006 through other means"
" therefore , the beneficiary is not eligible for the benefit sought and this additional petition is denied"
" This denial will have no adverse effect on the lawful permanent residence status that the beneficiary has previously aquired"
Attached to the letter is an appeal form.
So my query now is: since they already consider me a lawful permanent resident according to that letter - how do I go about getting my green card? and what happens to the i485 that they still have in initial review?
My husband and I are very confused about all this - we were told we had to reapply so we are puzzled about that denial letter. Customer service at uscis only reiterates the content of their website and we cannot get through to anyone that can shed any light on this. Infopass is not available in our area either, so I turned to this forum.
Than you so much for your time in considering this matter and for any information you might have for us.
Sincerely,
A danish citizen :-)
I posted my story in "all other green card issues" I'm sorry I don't know how to link it.
I am married to a US citizen - married since 10/23/04 - we have lived in the US before where I obtained a conditional green card : given 01/17/06 expired 01/17/08. We left the US in may of 07 to live in denmark (my home country) and thought the conditional green card was "gone" when it expired and did not apply to remove conditions in time.
In 2009 we decided to return to the states - I came here 10/16/09 on a visa waiver. In december 09 we filed i130 and in march i485 thinking we had to start over on the process of getting a green card.
April 8th -10 we recieved a denial letter saying:
"A review of agency records indicates that the beneficiary has already aquired lawful permanent resident status on january 17 2006 through other means"
" therefore , the beneficiary is not eligible for the benefit sought and this additional petition is denied"
" This denial will have no adverse effect on the lawful permanent residence status that the beneficiary has previously aquired"
Attached to the letter is an appeal form.
So my query now is: since they already consider me a lawful permanent resident according to that letter - how do I go about getting my green card? and what happens to the i485 that they still have in initial review?
My husband and I are very confused about all this - we were told we had to reapply so we are puzzled about that denial letter. Customer service at uscis only reiterates the content of their website and we cannot get through to anyone that can shed any light on this. Infopass is not available in our area either, so I turned to this forum.
Than you so much for your time in considering this matter and for any information you might have for us.
Sincerely,
A danish citizen :-)
abd
09-20 04:01 PM
Substitue labor is excluded
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vijay0101
06-21 12:13 PM
yes still labor transfer is possible ..But you have to very carefull.. you need to find what was companys financial position at that time when labor was filled. wheather you were fullfiling your experience as required in Labor at that time... and you need to check the companys situation if it is not blaclisted by DOL.
It is just my openion you can check with attorney's.
It is just my openion you can check with attorney's.
more...
jcrajput
09-26 11:37 AM
Mine rejected case has status "OTHER REASONS" and receipt number is voidand it starts with "MSC". I did not receive package back yet.
Anyone knows what that means?
Thank you,
Anyone knows what that means?
Thank you,
90210
05-03 10:17 PM
Anyone???
more...
sonia_sd
03-25 05:24 PM
Friends,
We are future permanent residents waiting in queue, for sure many of us are going to get GCs in few weeks/months/years. Considering this situation lawmakers can give us a chance to get the GC faster than waiting in the queue just by buying a house. But still they are searching for another solution than which could be effective.
Soni :D
We are future permanent residents waiting in queue, for sure many of us are going to get GCs in few weeks/months/years. Considering this situation lawmakers can give us a chance to get the GC faster than waiting in the queue just by buying a house. But still they are searching for another solution than which could be effective.
Soni :D
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smarth
10-23 06:30 PM
Thanks for reply. If I-94 issued for 1 year, suppose we change home address from one state to another state, until what time the driver's license will be issued(most of the states check the I-94 validity end date)? will it be only 1year till the I-94 expires? If yes, what is the process of renewing the driver's license after one year.
Thanks
Thanks
more...
gc28262
07-01 05:13 PM
H1 extension can be applied upto 6 months before the expiry of current H1.
If you haven't completed 6 years on H1, you can always extend it as usual.
If you have completed 6 years on H1B, you have to have one of the following to extend your H1B.
1. Labor/Perm was applied at least 1 year back
In this case, your H1 will be extended another year
2. I-140 is approved.
In this case, your H1B will be extended 3 years.
More than likely your I-140 will be approved before November 2009 if it is a reasonably clean case. ( USCIS I-140 processing time has come down drastically)
BTW you don't get an H1 automatically on your 140 approval, your company has to apply for it.
Hope this helps.
If you haven't completed 6 years on H1, you can always extend it as usual.
If you have completed 6 years on H1B, you have to have one of the following to extend your H1B.
1. Labor/Perm was applied at least 1 year back
In this case, your H1 will be extended another year
2. I-140 is approved.
In this case, your H1B will be extended 3 years.
More than likely your I-140 will be approved before November 2009 if it is a reasonably clean case. ( USCIS I-140 processing time has come down drastically)
BTW you don't get an H1 automatically on your 140 approval, your company has to apply for it.
Hope this helps.
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dunkin
06-26 02:16 PM
hi guys,
i have a 485 filing question. i'm on EB2, ready to file for 485. however, i am in india on a family matter and will have to return only for the filing. i know it is "sooner the better", but i am trying to figure out how late i can return to US.
i have read on this forum that dates will retrogress in august. any informed people out there know how likely that is?
also, if i have to make it there in july to file 485, any idea about how long after filing i need to stay in the US before i can return back to india? i mean, any rules which say you cannot travel before such-and-such happens?
thanks in advance, and sorry if the above are dumb questions.
i have a 485 filing question. i'm on EB2, ready to file for 485. however, i am in india on a family matter and will have to return only for the filing. i know it is "sooner the better", but i am trying to figure out how late i can return to US.
i have read on this forum that dates will retrogress in august. any informed people out there know how likely that is?
also, if i have to make it there in july to file 485, any idea about how long after filing i need to stay in the US before i can return back to india? i mean, any rules which say you cannot travel before such-and-such happens?
thanks in advance, and sorry if the above are dumb questions.
more...
ashres11
10-29 12:59 PM
My wife had concived for 3 days in June. During immigration medical exams Doctor gave her MMR shots and stated don't get pregnant for another 3 months.
After 15 days, We came to know that she is pregnant.
last week my wife had miscarriage after 18 weeks of pregnancy. Not sure it's because of MMR or something else.
After 15 days, We came to know that she is pregnant.
last week my wife had miscarriage after 18 weeks of pregnancy. Not sure it's because of MMR or something else.
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GCVictim
06-24 11:34 AM
Hi friends,
Sorry I starting new thread. I don't find any related this. If you have link please send me.
My questions are?
1. What are supporting documents for EAD?
Ans:
2. What are supporting documents for AP?
Ans:
3. Do I need to send separate mail for EAD and AP? both in one?
Ans:
4. What NSC Fed-Ex address for E-filers (EAD and AP)? I got in receipt is
U.S. Mail:
USCIS Nebraska Service Center
Attn: E-Filed I-765
P.O. Box 87373
Lincoln, NE 68501-7373
Ans:
Sorry I starting new thread. I don't find any related this. If you have link please send me.
My questions are?
1. What are supporting documents for EAD?
Ans:
2. What are supporting documents for AP?
Ans:
3. Do I need to send separate mail for EAD and AP? both in one?
Ans:
4. What NSC Fed-Ex address for E-filers (EAD and AP)? I got in receipt is
U.S. Mail:
USCIS Nebraska Service Center
Attn: E-Filed I-765
P.O. Box 87373
Lincoln, NE 68501-7373
Ans:
more...
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vina92
02-26 01:42 PM
I just watched Sue discussing with two people,about skil bill. Both are in favour of Immigration bill.I do not know to forward the link but if one of you can, please post the link.
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Mak Valley
01-29 01:12 AM
very niice
more...
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huchinango
04-02 12:33 PM
Hello --
Do any of you know what the A# is on the I-485 / I-130 / I-765 etc is for people who have previously held an F-1 / OPT-related A#? I have seen previous forums stating that OPT A#s begin with a "1" which connotes an OPT status; however I am not clear whether we are supposed to use that same A# on our I-485 and other GC-related documents, or leave that space blank.
Sorry this is redundant but previous posts don't seem to clarify a definitive answer to this question. Many thanks in advance.
-H
Do any of you know what the A# is on the I-485 / I-130 / I-765 etc is for people who have previously held an F-1 / OPT-related A#? I have seen previous forums stating that OPT A#s begin with a "1" which connotes an OPT status; however I am not clear whether we are supposed to use that same A# on our I-485 and other GC-related documents, or leave that space blank.
Sorry this is redundant but previous posts don't seem to clarify a definitive answer to this question. Many thanks in advance.
-H
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morchu
05-18 11:58 AM
True up to some extent. When filing AOS, you still "intent" to join for the exact same employment (including location), as specified in your LC. You are NOT required to take that exact employment "at the time" of filing AOS. What is required "at the time of filing AOS" is to have a legitimate intention to take that exact employment upon GC. By joining for that exact employment from anytime now, will actually help in proving the "legitimacy" of your intention (but not "required").
My LC and I-140 was approved with my ex-employer in CA.Now I have a oppurtunity to join my ex-employer in the east coast. Will I be able to file AOS if I join in a similar role and when my PD becomes current ? The immigration lawyer of my ex-employer told me that I have to join in the same location as my LC was approved to take advantage of AOS as it is location specific. Is it true?
Thanks
Member of north calif
dontation : $500
My LC and I-140 was approved with my ex-employer in CA.Now I have a oppurtunity to join my ex-employer in the east coast. Will I be able to file AOS if I join in a similar role and when my PD becomes current ? The immigration lawyer of my ex-employer told me that I have to join in the same location as my LC was approved to take advantage of AOS as it is location specific. Is it true?
Thanks
Member of north calif
dontation : $500
more...
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sac-r-ten
07-07 11:55 AM
I tried to find answers in other forums but didn't find any.
I would appreciate if any attorneys/knowledge people can help me with this
Doing a AR11/Change of address, do I include all these as additional applications
1. MTR number
2. Appeal number
3. Original 485 (denied) for primary applicant
4. Original 485 (denied) for spouse
5. Denied 140 number
or just these
1. MTR number
2. Appeal number
Also, i have a pending date-error request with my H1B and H4 extensions, do i include the H1B and H4 numbers as well.
This is getting complicated and i have just 2 more days before the 10days rule for filing AR11.
Anybody who had a pending appeal during a change of address, please reply.
thanks in appreciation
I would appreciate if any attorneys/knowledge people can help me with this
Doing a AR11/Change of address, do I include all these as additional applications
1. MTR number
2. Appeal number
3. Original 485 (denied) for primary applicant
4. Original 485 (denied) for spouse
5. Denied 140 number
or just these
1. MTR number
2. Appeal number
Also, i have a pending date-error request with my H1B and H4 extensions, do i include the H1B and H4 numbers as well.
This is getting complicated and i have just 2 more days before the 10days rule for filing AR11.
Anybody who had a pending appeal during a change of address, please reply.
thanks in appreciation
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metzkim
09-04 10:23 AM
Hi guys,
I am new to this forum. I am a recruiter and I have a candidate for a position in the US who is close to getting an offer. Here is my situation, any help would be appreciated.
Candidate is a Canadian Citizen currently in the US working with TN (Nafta Visa)
He has renewed his TN 4 times.
He is now close to receiving an offer from my client, but his current company just filed his petition for a H1B visa.
Not sure what is best for him and new employer. Candidate just received an email from his HR that he can't travel during petition, but would the new job, he will need to go to Israel for training. Can he make a request to his current employer to withdraw his petition once he decides to change companies in order to do TN visa again?
Any help would me much appreciated.
I am new to this forum. I am a recruiter and I have a candidate for a position in the US who is close to getting an offer. Here is my situation, any help would be appreciated.
Candidate is a Canadian Citizen currently in the US working with TN (Nafta Visa)
He has renewed his TN 4 times.
He is now close to receiving an offer from my client, but his current company just filed his petition for a H1B visa.
Not sure what is best for him and new employer. Candidate just received an email from his HR that he can't travel during petition, but would the new job, he will need to go to Israel for training. Can he make a request to his current employer to withdraw his petition once he decides to change companies in order to do TN visa again?
Any help would me much appreciated.
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ashutrip
09-05 11:12 PM
my gc is filed under eb3 India PD march 2007
is it true i cant be promoted till GC comes through &
is it true my salary cant be raised beyond a certain point
is it true i cant be promoted till GC comes through &
is it true my salary cant be raised beyond a certain point
Blog Feeds
01-20 07:00 AM
Immigration Law from Houston Immigration Lawyer - Annie Banerjee Has Just Posted the Following:
The DOL introduced a new Prevailing Wage system which will centralize everything. Previously each State's Workforce Agency gave those Prevailing Wage. Obviously there were discrepancies in how each SWA operated causing problems with DOL filings.
However, DOL introduced this new system of centralized Prevailing Wage determination with no computerized system of filing. We have to mail in our request to the DOL. Then the DOL will take forever to come up with a Prevailing Wage. The DOL has advised employers to file the Prevailing Wage 60 days prior to advertising for a PERM, since the ads expire in 6 months. This is strange because the DOL went computerized much earlier than the CIS did. Why could they not have a faster computerized process BEFORE centralizing the whole process? Was this then intentional?
This will slow down businesses, and filing of immigration. Similarly in July of 2009 the DOL significantly slowed down the LCA filings for H-1Bs. Which makes me wonder if DOL is slowing down things as a protectionist measure which caters to socialism? Is this the death of free enterprise, and business at the speed of 21 Century? It was another Democratic President and Congress that passed the AC 21 to speed the process up about a decade ago.
Contact Houston Immigration Lawyer (http://www.visatous.com), Annie Banerjee for more detailshttps://blogger.googleusercontent.com/tracker/8629098317507537197-6058636719390437264?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2010/01/is-dol-becoming-socialist.html)
The DOL introduced a new Prevailing Wage system which will centralize everything. Previously each State's Workforce Agency gave those Prevailing Wage. Obviously there were discrepancies in how each SWA operated causing problems with DOL filings.
However, DOL introduced this new system of centralized Prevailing Wage determination with no computerized system of filing. We have to mail in our request to the DOL. Then the DOL will take forever to come up with a Prevailing Wage. The DOL has advised employers to file the Prevailing Wage 60 days prior to advertising for a PERM, since the ads expire in 6 months. This is strange because the DOL went computerized much earlier than the CIS did. Why could they not have a faster computerized process BEFORE centralizing the whole process? Was this then intentional?
This will slow down businesses, and filing of immigration. Similarly in July of 2009 the DOL significantly slowed down the LCA filings for H-1Bs. Which makes me wonder if DOL is slowing down things as a protectionist measure which caters to socialism? Is this the death of free enterprise, and business at the speed of 21 Century? It was another Democratic President and Congress that passed the AC 21 to speed the process up about a decade ago.
Contact Houston Immigration Lawyer (http://www.visatous.com), Annie Banerjee for more detailshttps://blogger.googleusercontent.com/tracker/8629098317507537197-6058636719390437264?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2010/01/is-dol-becoming-socialist.html)
mnkaushik
02-09 03:36 PM
My Lawyer said the same thing. If you say the minimum requirement for a particular job is Bachelors + 5years of exp then every person hired for that position in the past should have Bachelors + 5yrs of exp.
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