Sakthisagar
11-11 09:21 AM
I do not know whether this can be done, always consult with an attorney.
any Notarized document is as good as oringinals, Please get signed all your certificate copies showing the originals to a Notary Public, I think this should work. If you decide to send originals attach a self paid courier (Fed-ex)(to address yours) USCIS will never send back the document otherwise. I remember previously the H1B visa stamping was in US itself to get the passport back we need to send a self addressed FED-EX cover pre-paid.
Good Luck.
any Notarized document is as good as oringinals, Please get signed all your certificate copies showing the originals to a Notary Public, I think this should work. If you decide to send originals attach a self paid courier (Fed-ex)(to address yours) USCIS will never send back the document otherwise. I remember previously the H1B visa stamping was in US itself to get the passport back we need to send a self addressed FED-EX cover pre-paid.
Good Luck.
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singhsa3
06-01 05:58 PM
It is illegal. If being paid less than on your H1 LCA
spicy_guy
08-10 06:40 PM
You can read the details of the bill at
Text of H.R.5658 as Introduced in House: SKIL Act of 2010 - U.S. Congress - OpenCongress (http://www.opencongress.org/bill/111-h5658/text)
Apart from the provisions mentioned in my previous post, there are other favorable provisions too.
does it have any impact, if a lot of people vote this bill on this site?
Also, there is no time lines on when its going to be set for voting in House.
Text of H.R.5658 as Introduced in House: SKIL Act of 2010 - U.S. Congress - OpenCongress (http://www.opencongress.org/bill/111-h5658/text)
Apart from the provisions mentioned in my previous post, there are other favorable provisions too.
does it have any impact, if a lot of people vote this bill on this site?
Also, there is no time lines on when its going to be set for voting in House.
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21stIcon
05-04 12:41 PM
I searched all over web for BEC to PERM conversion denials, I could not find even single references on NRIWEB OR immigrationportal.com, and I know it could take more time than expected but have not heard of any denied cases so far, please share your source of info....
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pappu
09-14 06:20 PM
Thanks to all those who tuned in.
sushilup
05-03 10:34 AM
Hello Guys,
Here is my situation, it might help to many, who are planning to move to MA..
My background License history:
I had two full term (4 years) license in PA (I guess when I came to USA they used to give full term license) and got a 2 year license recently in NC since my EAD was valid till 2010 only.
Now 1 month ago moved to MA:
1- First time I went to RMV (same as DMV), very rude person, your license is temp and we can do transfer for you. You need to take written and road test again. I argued that I had full term licenses and this is not temp license. This is based on my visa and issue me till the validity of visa. Person got angry and told me, don't tell me the rules. This is temp license and let me make sure I put you on the system, so you can get any where else.
I spoke to her supervisor and person told me the same. I came back and thought, this person might be rude and went to different RMV next day.
2- Second day, different center and they told the same and I thought since this the rule let me start the process and take the written test and road test.
Now the problem-
They took all the paperwork and made copy and started with my wife for test. She went to take a test and she didn't allow me to so by saying that there is a hold for you at other place and you need to go there.
Since my wife was not prepared, she failed and STRANGE THING, THEY KEPT HER LICENSE and didn't return. I asked that how is she going to drive etc. We can't give license back.
Now we are stuck, until she passes her written and road test.
Same thing is going to happen for me. I am in very painful situation and don't know the way out.
If anyone has similar situation, please share.
ALSO, PEOPLE WHO ARE MOVING TO MA, PLEASE MAKE SURE YOU KNOW THIS CEAZY RULE AND BE ARE PREPARED
GOD BLESS TO US ALL..
Here is my situation, it might help to many, who are planning to move to MA..
My background License history:
I had two full term (4 years) license in PA (I guess when I came to USA they used to give full term license) and got a 2 year license recently in NC since my EAD was valid till 2010 only.
Now 1 month ago moved to MA:
1- First time I went to RMV (same as DMV), very rude person, your license is temp and we can do transfer for you. You need to take written and road test again. I argued that I had full term licenses and this is not temp license. This is based on my visa and issue me till the validity of visa. Person got angry and told me, don't tell me the rules. This is temp license and let me make sure I put you on the system, so you can get any where else.
I spoke to her supervisor and person told me the same. I came back and thought, this person might be rude and went to different RMV next day.
2- Second day, different center and they told the same and I thought since this the rule let me start the process and take the written test and road test.
Now the problem-
They took all the paperwork and made copy and started with my wife for test. She went to take a test and she didn't allow me to so by saying that there is a hold for you at other place and you need to go there.
Since my wife was not prepared, she failed and STRANGE THING, THEY KEPT HER LICENSE and didn't return. I asked that how is she going to drive etc. We can't give license back.
Now we are stuck, until she passes her written and road test.
Same thing is going to happen for me. I am in very painful situation and don't know the way out.
If anyone has similar situation, please share.
ALSO, PEOPLE WHO ARE MOVING TO MA, PLEASE MAKE SURE YOU KNOW THIS CEAZY RULE AND BE ARE PREPARED
GOD BLESS TO US ALL..
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mytrix76
01-10 01:50 PM
She can continue to work with the same employer on H1 without any issue. I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues. Though I have my H1 valid till 2010, it is invalid after my GC approval :(.
Thanks
Thank you guys.
So you mean when you came back on AP some time ago, you continued working for the same employer without switching to EAD and then were able to extend that H1 at later point without any problem?
Thanks
Thank you guys.
So you mean when you came back on AP some time ago, you continued working for the same employer without switching to EAD and then were able to extend that H1 at later point without any problem?
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dan19
10-08 11:14 AM
Hi..
Sorry to hear about that. My opinion is that you are safe as long as your company doesn't withdraw/request to revoke you I-140.
>>>>>My questions are the following:
1. What is USCIS view when they see the new H1B transfer petition? Will they reject my I-485?
>> No. Because I-485 is filed for a future employment.
2. If I take a job with Company B, starting Nov 17, can I use AC21 and send in the letter after January 15 (180 days pending).
>> You don't have to sent any letters. Only thing you need to make sure is that you current company doesn't revoke your I-140 before Jan 15. If USCIS asks you for an updated employment letter before Jan 15, you will be in trouble (normally they wont do). If they ask after Jan 15, you can provide it from the new company.
3. Do I have any other options here (I dont have EAD yet, just applied last week)
Once you get EAD and Jan 15 comes, inform your new company that you are using EAD for AC21 purpose. From that time, they need to support your I-485.
Again, again, again...I am not an attorney. So consult an attorney before making any decisions.
Sorry to hear about that. My opinion is that you are safe as long as your company doesn't withdraw/request to revoke you I-140.
>>>>>My questions are the following:
1. What is USCIS view when they see the new H1B transfer petition? Will they reject my I-485?
>> No. Because I-485 is filed for a future employment.
2. If I take a job with Company B, starting Nov 17, can I use AC21 and send in the letter after January 15 (180 days pending).
>> You don't have to sent any letters. Only thing you need to make sure is that you current company doesn't revoke your I-140 before Jan 15. If USCIS asks you for an updated employment letter before Jan 15, you will be in trouble (normally they wont do). If they ask after Jan 15, you can provide it from the new company.
3. Do I have any other options here (I dont have EAD yet, just applied last week)
Once you get EAD and Jan 15 comes, inform your new company that you are using EAD for AC21 purpose. From that time, they need to support your I-485.
Again, again, again...I am not an attorney. So consult an attorney before making any decisions.
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kaisersose
04-16 03:34 PM
I thought as soon as I-140 is denied your spouse has to stop working on EAD and go out of the country to renew H4. ?
No.
Her EAD is tied to her 485 not to your 140. As long as the 485 status is pending, her EAD is valid. Even if the 485 is rejected, if it is something that can be fixed thru an MTR, then filing an MTR and changing the status back to pending is still fine. It is not necessary to stop using the EAD for that brief period.
No.
Her EAD is tied to her 485 not to your 140. As long as the 485 status is pending, her EAD is valid. Even if the 485 is rejected, if it is something that can be fixed thru an MTR, then filing an MTR and changing the status back to pending is still fine. It is not necessary to stop using the EAD for that brief period.
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eb3_nepa
07-21 09:49 AM
EB3_NEPA
As Far I as know we cannot have 2 Visas at the same time. The logic behind this is, L1 Visa is specifically meant for Company Transfer and you need to be having at least 1 year in the Company even before applying for L1 Visa.
And coming to having H1 simultaneously is not possible as you will be doing a transfer from H1 to L1 as you are still in the country and your H1 visa becomes invalid. Also the 6 year limit applies to both the period spent on H1 and L1.
If you would require to start afresh , then you need to go back the country and get fresh L1 visa stamped and that would be valid for 6 years...
I was in the same situtation and had to transfer from L1 to H1 as I did not want to go through the Visa appointment hassles.
Hope this helps...
:( That sucks, but thanks for the info.
As Far I as know we cannot have 2 Visas at the same time. The logic behind this is, L1 Visa is specifically meant for Company Transfer and you need to be having at least 1 year in the Company even before applying for L1 Visa.
And coming to having H1 simultaneously is not possible as you will be doing a transfer from H1 to L1 as you are still in the country and your H1 visa becomes invalid. Also the 6 year limit applies to both the period spent on H1 and L1.
If you would require to start afresh , then you need to go back the country and get fresh L1 visa stamped and that would be valid for 6 years...
I was in the same situtation and had to transfer from L1 to H1 as I did not want to go through the Visa appointment hassles.
Hope this helps...
:( That sucks, but thanks for the info.
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smidreb
08-04 01:10 PM
We need much more info to help out.
1. What is immigration status currently? She can file for a I-485 if her labor has been approved. If she is on H4, then there is nothing she can do.
..............?[/QUOTE]
--She is on H4
2. Is she a dependent on her husbands I-485? If so, then she dosen't need to file 1-485 again, she can get her EAD.
..............?[/QUOTE]
--He had filed his 485 before she got married to him.
1. What is immigration status currently? She can file for a I-485 if her labor has been approved. If she is on H4, then there is nothing she can do.
..............?[/QUOTE]
--She is on H4
2. Is she a dependent on her husbands I-485? If so, then she dosen't need to file 1-485 again, she can get her EAD.
..............?[/QUOTE]
--He had filed his 485 before she got married to him.
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Libra
08-15 01:53 PM
Congrats need4gc, now you can relax and concentrate on IV action items. Please contribute to IV in anyway you can.
Sent on 07/02, reached on 07/03. Notice date is 08/13. Checks were encashed on 08/14. :):)
140 was approved from Nebraska.
Good luck to all of you. You will get it soon.
Sent on 07/02, reached on 07/03. Notice date is 08/13. Checks were encashed on 08/14. :):)
140 was approved from Nebraska.
Good luck to all of you. You will get it soon.
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ash0210
11-21 07:06 PM
gc_in_30_yrs, I will file new Labor in PERM with this new job Responsibilites..! :D
I am sure ash0210 will get a job in USCIS to write rules for issuing GCs.
Just kidding. I like your analogy.
I am sure ash0210 will get a job in USCIS to write rules for issuing GCs.
Just kidding. I like your analogy.
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GCBy3000
09-15 03:49 PM
Everybody knows about legals and illegals. Will it gain any grounds for them to get big vote this november is important. The SKIL bill or any legal provisions in the CIR will not fetch even a single vote for them. In fact it MAY reduce the vote from anti immigrant groups if they add anything for legals.
So I strongly doubt either house or senate to include any provisions related to legal immigrants at this point. Nobody wants to take a chance at this juncture of election period. From politicians point of view, it is better for them to maintain status quo now rather than including something which might create a huge noise later during the election period.
So keep on talking about this. Nothing is going to happen till March 07. Even after march, we have to start with some new bills and start the work on educating the senators and others about legal immigration issues. At this point,I think we are back to square one and our hands are tied up till they decide to talk about legals.
So I strongly doubt either house or senate to include any provisions related to legal immigrants at this point. Nobody wants to take a chance at this juncture of election period. From politicians point of view, it is better for them to maintain status quo now rather than including something which might create a huge noise later during the election period.
So keep on talking about this. Nothing is going to happen till March 07. Even after march, we have to start with some new bills and start the work on educating the senators and others about legal immigration issues. At this point,I think we are back to square one and our hands are tied up till they decide to talk about legals.
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pitha
05-11 08:48 AM
If you like your family so much you can always go back, you have a choice, people stuck in EB immigration have no choice they are being kicked out because of the long retrogression. Frankly all this talk about this family based immigration is nonsense. It takes 20 to 30 years for somebody to emmigrate uisng family based immigration. So does that mean that in the 20 to 30 years it takes for the "family" to come here, you dont love them in that time. The point I am trying to make is that all the people who are pumping up this family based immigration are trying to play up the emotional angle and are being hypocrites. If you can live in the US without the "family" for 20 to 30 years, I dont see any reason why they cannot live without the family comming to US at all. Let the "family" come to US on there on merit.
The point-based system will not be good for this country. Many other countries have point-based systems such as Canada, Australia, New Zealand, UK, etc. The most who immigrate in these countries on the point-based system don't have jobs. Only those should be allowed to immigrate who has the job offer here. All the immigration fees and expenses to immigrate should be borne by the employer offering the job.
Not only this, the people who promote this point-based system are interested in shutting off immgration based on family unification. Why you would not like your own family members to be here, when they all have been allowed until this day to bring their own family members from European countries.
The point-based system will not be good for this country. Many other countries have point-based systems such as Canada, Australia, New Zealand, UK, etc. The most who immigrate in these countries on the point-based system don't have jobs. Only those should be allowed to immigrate who has the job offer here. All the immigration fees and expenses to immigrate should be borne by the employer offering the job.
Not only this, the people who promote this point-based system are interested in shutting off immgration based on family unification. Why you would not like your own family members to be here, when they all have been allowed until this day to bring their own family members from European countries.
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needhelp!
03-16 02:50 PM
I got this letter from USCIS last week, but wasn't aware of this action item. I hope it's not too late.
Thnaks!
Please fax/email if any of you get the responses.
Thnaks!
Please fax/email if any of you get the responses.
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waiting_4_gc
03-31 04:54 PM
Congratulations! Enjoy the freedom.
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LostInGCProcess
01-08 12:54 PM
LostInGCProcess, Since you used AP to enter do you now loose your H1 status? just curious to know.
I read in other blogs that your status would be AOS if you enter using AP and not H1-B. If you need to retain H1-b then your I-94 needs to be stamped as that at the port of entry.
Any comments......
No. One can continue to work on H1 if its the same company.
I read in other blogs that your status would be AOS if you enter using AP and not H1-B. If you need to retain H1-b then your I-94 needs to be stamped as that at the port of entry.
Any comments......
No. One can continue to work on H1 if its the same company.
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Templarian
04-23 04:42 PM
^I didn't even know if it was relevant when i remembered the "SDL", i just remember my bro talking about it once. But that was a very long time ago.
Maybe as your learning you could write up some very simple step by step tutorials for beginning the use of SDL.
Maybe as your learning you could write up some very simple step by step tutorials for beginning the use of SDL.
otovarm@hotmail.com
03-03 12:29 PM
Hi everyone, I am seeking some help:
-My wife's Labor Certification was approved on Oct-09-2006
-Priority Date: April-30-2001
We did stay on H1B (wife) and H4 (me) in the US for about 9 years total, we did extend the H1B year by year once the initial 6year period ended (labor was still pending). We left the US on Dec-27-2007 and have been outside the US since. Now we have our new 5year Turist Visa B1/B2.
1st Question:
Can we still apply for next steps towards the GC based on that approved labor cert, even though more than 2 years have passed since it was approved? (I believe next steps are I-140 and 485, right?
If answer is YES, can we go premium processing?
IMPORTANT: One of the partners in the company which filed the labor for her did die about 3 years ago. It seems like a new partner came in but still one of the original partners and the one who was my wife's boss when she was working for the company is still there. We are a little concerned because when we first approached the guy at the company about 2 years ago (when we got the LC approval notice) he told us that they had to restructure the company because of the other partner's death and they decided to change the company's name (slightly) and start all over again. At that time he told us that original company didn't have strong balance sheets, bank balances or tax docs to support the I-140 and that he wasn't sure if the new partner would agreed to sign the petition. He told us to wait 1-2 years and see if he could do it.
When we got that response we decided to leave the country (didn't have other option) and stay outside the country for at least a year to have the option to come again thru H1B with another company. (We also had twin boys - americans - and it has helped us to be in our home country while they were small babies).
Now we want to return to the US but we would like to know if we still have a chance to apply for the I-140 with that company. Anybody has any insights about this? Does it matter that the company changed its original name, even though the person who signed the LC petition would be the same person who signs the I-140 petition?
In the worst case scenario that this guy won't help us signing the I-140, can we apply thru another company under the original approved LC? I guess that if it is possible, then it should be thru a company under similar industry, or located in same region and Job description should match the one in the LC.
Thanks for taking the time to read this and any insights would be greatly appreciated.
-My wife's Labor Certification was approved on Oct-09-2006
-Priority Date: April-30-2001
We did stay on H1B (wife) and H4 (me) in the US for about 9 years total, we did extend the H1B year by year once the initial 6year period ended (labor was still pending). We left the US on Dec-27-2007 and have been outside the US since. Now we have our new 5year Turist Visa B1/B2.
1st Question:
Can we still apply for next steps towards the GC based on that approved labor cert, even though more than 2 years have passed since it was approved? (I believe next steps are I-140 and 485, right?
If answer is YES, can we go premium processing?
IMPORTANT: One of the partners in the company which filed the labor for her did die about 3 years ago. It seems like a new partner came in but still one of the original partners and the one who was my wife's boss when she was working for the company is still there. We are a little concerned because when we first approached the guy at the company about 2 years ago (when we got the LC approval notice) he told us that they had to restructure the company because of the other partner's death and they decided to change the company's name (slightly) and start all over again. At that time he told us that original company didn't have strong balance sheets, bank balances or tax docs to support the I-140 and that he wasn't sure if the new partner would agreed to sign the petition. He told us to wait 1-2 years and see if he could do it.
When we got that response we decided to leave the country (didn't have other option) and stay outside the country for at least a year to have the option to come again thru H1B with another company. (We also had twin boys - americans - and it has helped us to be in our home country while they were small babies).
Now we want to return to the US but we would like to know if we still have a chance to apply for the I-140 with that company. Anybody has any insights about this? Does it matter that the company changed its original name, even though the person who signed the LC petition would be the same person who signs the I-140 petition?
In the worst case scenario that this guy won't help us signing the I-140, can we apply thru another company under the original approved LC? I guess that if it is possible, then it should be thru a company under similar industry, or located in same region and Job description should match the one in the LC.
Thanks for taking the time to read this and any insights would be greatly appreciated.
mbartosik
02-20 11:01 AM
MRSR:
there have been rumors of EB2 India moving out of U.
Any notes with VB may be more important than the actual movement. So whether it is worth depends on the PDs.
I interfiled (ROW) in December, I'm not sure if they applied it.
When I spoke with an IO they seemed clueless about interfiling, thinking that new I485 had to be filed -- plain wrong. So be prepared to check up on them a month after filing. They should be able to tell you if the I140 is assigned to a I485. For me it is academic now because as of March I'll be within PD for EB3 or EB2.
there have been rumors of EB2 India moving out of U.
Any notes with VB may be more important than the actual movement. So whether it is worth depends on the PDs.
I interfiled (ROW) in December, I'm not sure if they applied it.
When I spoke with an IO they seemed clueless about interfiling, thinking that new I485 had to be filed -- plain wrong. So be prepared to check up on them a month after filing. They should be able to tell you if the I140 is assigned to a I485. For me it is academic now because as of March I'll be within PD for EB3 or EB2.
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