mkarothi
07-11 05:41 PM
Hi,
I am in the following situation.
1. I am going to complete my 6yrs of stay ( L1 period + H1 period) in USA by Dec 2008 (after adding my vacation time in India).
2. I got H1 valid till June 2010 and got stamped on passport that valid till June 2010.
( USCIS approved H1 for me till 2010 eventhou I complete 6yrs by end of 2008)
3. My LC was electronically filed in September 2007 in EB2 category in Chicago DOL. Got Audit in October 2007 on Business Necessity ground and was replied within due date.
4. After several months of waiting (Audit response was accepted), it was denied on the following reason. "The internal job posting was not as per the DOL regulations".
5. My Lawyer said, the notice that was submitted was in the proper format-the exact format specified by the regulations that applied for reconsideration
He also mentioned that, he filed LC for other candidates with same job posting and got approval on their cases.
6. Now, Atlanta is processing all permanent Labors. As there is a huge back log at Atlanta processing center, My lawyer suggested to apply a new application rather waiting on this reply.
7. we need wait another 2 months ( for job ads and wait for response ) before even we can apply for new LC. even we apply some time in September 2008. I should get an approval immediately (as I am going to complete 6 yrs) otherwise I will be in trouble.
Given the scenario, what are my options as I am on time crunch.....?
Any suggestions greatly appreciated.
I am in the following situation.
1. I am going to complete my 6yrs of stay ( L1 period + H1 period) in USA by Dec 2008 (after adding my vacation time in India).
2. I got H1 valid till June 2010 and got stamped on passport that valid till June 2010.
( USCIS approved H1 for me till 2010 eventhou I complete 6yrs by end of 2008)
3. My LC was electronically filed in September 2007 in EB2 category in Chicago DOL. Got Audit in October 2007 on Business Necessity ground and was replied within due date.
4. After several months of waiting (Audit response was accepted), it was denied on the following reason. "The internal job posting was not as per the DOL regulations".
5. My Lawyer said, the notice that was submitted was in the proper format-the exact format specified by the regulations that applied for reconsideration
He also mentioned that, he filed LC for other candidates with same job posting and got approval on their cases.
6. Now, Atlanta is processing all permanent Labors. As there is a huge back log at Atlanta processing center, My lawyer suggested to apply a new application rather waiting on this reply.
7. we need wait another 2 months ( for job ads and wait for response ) before even we can apply for new LC. even we apply some time in September 2008. I should get an approval immediately (as I am going to complete 6 yrs) otherwise I will be in trouble.
Given the scenario, what are my options as I am on time crunch.....?
Any suggestions greatly appreciated.
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Blog Feeds
05-26 11:10 AM
The Immigration and Nationality Act (Act) provides for the admission of different classes of nonimmigrants who are foreign nationals seeking temporary admission to the United States. The purpose of the nonimmigrant�s intended stay in the United States determines his or her proper nonimmigrant classification. Some classifications permit the nonimmigrant�s spouse and qualifying children to accompany the nonimmigrant to the United States or to join the nonimmigrant here. To qualify, a child must be unmarried and under the age of 21.
F-1 nonimmigrants, as defined in section 101(a)(15)(F) of the Act, are foreign students coming to the United States to pursue a full course of academic study in SEVP-approved schools. An F-2 nonimmigrant is a foreign national who is the spouse or qualifying child of an F-1 student.
M-1 nonimmigrants, as defined in section 101(a)(15)(M) of the Act, are foreign nationals pursuing a full course of study at an SEVP-approved vocational or other recognized nonacademic institution (other than in language training programs) in the United States. An M-2 nonimmigrant is a foreign national who is the spouse or qualifying child of an M-1 student.
SEVP is the DHS program that administers SEVIS. It ensures that government agencies have essential data related to nonimmigrant students and exchange visitors to preserve national security. SEVP provides approval and oversight to schools authorized to enroll F and M nonimmigrant students and gives guidance to both schools and students about the requirements for maintenance of their status.
ICE SEVP I-17 FAQs provide information for schools about SEVP certification, including background on SEVP and SEVIS, SEVP certification basics, an overview of the SEVP certification process, preparing the petition for SEVP certification, and preparing for a site visit.
Click here for more info for Schools (http://www.ice.gov/sevis/i17/)
More... (http://www.visalawyerblog.com/2011/05/f1_visas_sevp_faqs_on_form_i17.html)
F-1 nonimmigrants, as defined in section 101(a)(15)(F) of the Act, are foreign students coming to the United States to pursue a full course of academic study in SEVP-approved schools. An F-2 nonimmigrant is a foreign national who is the spouse or qualifying child of an F-1 student.
M-1 nonimmigrants, as defined in section 101(a)(15)(M) of the Act, are foreign nationals pursuing a full course of study at an SEVP-approved vocational or other recognized nonacademic institution (other than in language training programs) in the United States. An M-2 nonimmigrant is a foreign national who is the spouse or qualifying child of an M-1 student.
SEVP is the DHS program that administers SEVIS. It ensures that government agencies have essential data related to nonimmigrant students and exchange visitors to preserve national security. SEVP provides approval and oversight to schools authorized to enroll F and M nonimmigrant students and gives guidance to both schools and students about the requirements for maintenance of their status.
ICE SEVP I-17 FAQs provide information for schools about SEVP certification, including background on SEVP and SEVIS, SEVP certification basics, an overview of the SEVP certification process, preparing the petition for SEVP certification, and preparing for a site visit.
Click here for more info for Schools (http://www.ice.gov/sevis/i17/)
More... (http://www.visalawyerblog.com/2011/05/f1_visas_sevp_faqs_on_form_i17.html)
snathan
01-14 11:06 PM
Hi! I'm H1B holder and my company is willing to sponsor the green card. I'm coming from Eastern Europe (Moldova) and in US am working as software developer, I guess it's EB-3, right? I graduated in Romania Bachelor Degree in Mathematics & Computer Science (4 years) and Master Degree in Computer Science & Engineering (2 years). My work experience is more than 7 years. Please advice how to proceed to get this process done properly, legally and fast, reasonably possible and how much time it would probably take. Thanks in advance!
You should try for EB2. Make sure the Labor requirement is filed accordingly. Any way as you are coming under ROW, its not going to make much difference.
You should try for EB2. Make sure the Labor requirement is filed accordingly. Any way as you are coming under ROW, its not going to make much difference.
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justwaiting
11-05 07:19 AM
This is a much talked about subject around these days. I am sure many of us who renewed EAD but had a gap in the expiration and renewal date and were on a leave of absence. Would this be a problem when it comes to the GC processing?
more...
murali77
07-17 06:43 PM
If I file my I-485 during the next 2 weeks and assuming the super number of filings, what is an approximate date for fingerprinting. My wife has to visit India for her sister's marriage in Oct-Nov time frame.
Appreciate your inputs.
Murali
Appreciate your inputs.
Murali
pappu
01-22 03:52 PM
the link you provided did not show any "Interestnig Cricket Widget on IV". Is that the correct link?
.
Thanks Sanju
The correct link is http://immigrationvoice.org/forum/blog.php?u=31942
.
Thanks Sanju
The correct link is http://immigrationvoice.org/forum/blog.php?u=31942
more...
DyersEve
10-01 03:27 PM
yeah, on both pics i was just randomly doing things and hoping it would be cool when i was done...but anyway, thanks for input i'll keep at it.
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SunnySurya
07-27 01:49 PM
WandMaker,
Thanks for ur answer. I saw case posted by Loti_GC and his did not seem to be the case of two different I-140. That what got me concerned. When I called USCIS they declined to reveal this information,
EB2, if your I-140 approval reads as "Section: Mem of Profession w/Adv Deg, or of Exceptn'l Ability Sec.203(b) (2)" You should be worried only if you had two different 140 with the same employer. Take infopass and give a try, there is no standard procedure to find out.
Thanks for ur answer. I saw case posted by Loti_GC and his did not seem to be the case of two different I-140. That what got me concerned. When I called USCIS they declined to reveal this information,
EB2, if your I-140 approval reads as "Section: Mem of Profession w/Adv Deg, or of Exceptn'l Ability Sec.203(b) (2)" You should be worried only if you had two different 140 with the same employer. Take infopass and give a try, there is no standard procedure to find out.
more...
GCwaitforever
02-02 06:10 PM
I will ask my friend in DC to join the team, if it is possible.
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va_dude
01-14 08:15 AM
harry the reason u may not be getting much of a response to your thread might be because the AC21 portability issues have been discussed in detail several hundred times on this forum.
Just look for the AC21 Portability forums/threads and read thru them and it'll help your understanding.
Just look for the AC21 Portability forums/threads and read thru them and it'll help your understanding.
more...
Anna35
09-18 12:33 PM
My attorney submitted my I485/EAD/AP last July 20th, the USCIS in Nebraska received it on July 23 by R. Pitcher at 9.29 am, since then I have no information on checks, LUD or receipts.
I reviewed all the information sbmitted by my attorney and I fond that she sent my paperwork using FEdex to:
U.S. Citizenship and Immigration
Nebraska Service Center
850 S Street
PO Box 87845
Lincoln, NE
US 68508
After taking a look to the USCIS site the address is correct but she missed the PO BOX numbers and wrote 87485 do you think this is a problem, please advise guys. what can I do
Thanks
Anna
I reviewed all the information sbmitted by my attorney and I fond that she sent my paperwork using FEdex to:
U.S. Citizenship and Immigration
Nebraska Service Center
850 S Street
PO Box 87845
Lincoln, NE
US 68508
After taking a look to the USCIS site the address is correct but she missed the PO BOX numbers and wrote 87485 do you think this is a problem, please advise guys. what can I do
Thanks
Anna
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martinvisalaw
06-29 10:38 AM
There are really 2 sub-categories of EB-3. One requires a minimum of a bachelor's degree, or equivalent in education/experience. The other requires just 2 years skilled worker experience.
The question is what your position really is, and what the employer requires. If the position really requires you to speak Korean, it can get approved. However, adding a foreign language requirement definitely invites intense scrutiny, and it can really only work if you can show that you spend a lot of your time using Korean and the company could not manage without it. You also need to show that you use Korean with people who cannot speak English, not just that they don't want to speak English. You need extensive back-up documents to prove the foreign language requirement.
The question is what your position really is, and what the employer requires. If the position really requires you to speak Korean, it can get approved. However, adding a foreign language requirement definitely invites intense scrutiny, and it can really only work if you can show that you spend a lot of your time using Korean and the company could not manage without it. You also need to show that you use Korean with people who cannot speak English, not just that they don't want to speak English. You need extensive back-up documents to prove the foreign language requirement.
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07-10 12:42 PM
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gskumar
05-06 04:31 PM
Hi guys,
My H1-B visa is approved lastyear (Jan 2007).and I came to US on Mar 2007.
In my H1-B visa the DOB is wrongly entered.In my passport the DOB is correct.I havent checked this and i m in US now.When i went to Driving office to apply for my drivers license they asked me to correct the DOB in my VISA.
Can anyone helpme out how to change correct my DOB in my H1-VISA.
Whats the procedure to change my DOB in my Visa.
Any help is appericiated.
Thanks in advance
Kumar
My H1-B visa is approved lastyear (Jan 2007).and I came to US on Mar 2007.
In my H1-B visa the DOB is wrongly entered.In my passport the DOB is correct.I havent checked this and i m in US now.When i went to Driving office to apply for my drivers license they asked me to correct the DOB in my VISA.
Can anyone helpme out how to change correct my DOB in my H1-VISA.
Whats the procedure to change my DOB in my Visa.
Any help is appericiated.
Thanks in advance
Kumar
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01-23 03:50 PM
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kufloyd
05-20 07:15 PM
I have a question about the Aytes memo - it says that if the name check has been pending for more than 180 days, then the 485 will be adjudicated. My question is when does the 180 day clock start? Is it on the day that the 485 application was received by the service center (going by the receipt date on the 485 notice)? Or is it the day when your PD and processing dates both become current?
Thanks,
Kunal
Thanks,
Kunal
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ras
11-24 07:41 PM
Does any one know how a company from a foreign country(India) can open a bank account in USA.
There is a possibility to register as a company in US and then apply for business account. But being still on H1 dont feel comfortable to register a company in US.
Are there any other ways a company in foreign country can open an account in USA to do the business at least to get the payments from the US customers.
Are there any suggestions to specific banks like wells fargo or so that would help in the process?
How about credit unions like DCU? Do they offer such provisions?
Any thoughts on this would be greatly appreciated..
There is a possibility to register as a company in US and then apply for business account. But being still on H1 dont feel comfortable to register a company in US.
Are there any other ways a company in foreign country can open an account in USA to do the business at least to get the payments from the US customers.
Are there any suggestions to specific banks like wells fargo or so that would help in the process?
How about credit unions like DCU? Do they offer such provisions?
Any thoughts on this would be greatly appreciated..
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ursnkk
11-22 07:42 PM
Hi
I got my visa H1B from employer X in the year 2003 and travelled to US in jan 2004 immigration officials denied my port of entry saying employer X is non-existent and cancelled my visa and told to with draw my application and they have written 212(a)(c)(i)(i) on my passport.I went back to my home country and worked over there for 3 yrs. After sometime i got an offer from some employer Y,they have filed for my H1B and approved.
When i went for visa to US Consulate visa officer told me that am ineligible for the H1B visa. I have explained them what exactly happened in 2004.
VisaOfficer has asked to appeal for waiver using the form I-601,after my appeal to the USCIS, consulate has given the visa.I came to US in 2007 and working for same employer B .I applied for extension under the same employer B,got an RFE asking to submit aggrement b/w the client and the vendor,the requested documents are sent. After that USCIS sent NOID(Notice of Intent to Deny),gave the reason as :
In January 2004 the beneficiay applied for admission as an H1 B Worker for company X.Under oath the beneficiary stated he never signed a contract with the petitioning company X,the petition company was found not to exist. Therefore, the beneficiary was found inadmissible under 212(A)(6)(C)(I) and 212(A)(7)(A)(I)(I) and permanently ineligible for the H1 Classification.
USCIS has again came back with the same issue of my previous H1 B.
I have been in US from 2007 June with employer Y ,after going through all the process in the year 2007 USCIS has issued my visa.
Please advice me on this, any help fully appreciated.
Thank you again for your anticipated cooperation in this matter.
I got my visa H1B from employer X in the year 2003 and travelled to US in jan 2004 immigration officials denied my port of entry saying employer X is non-existent and cancelled my visa and told to with draw my application and they have written 212(a)(c)(i)(i) on my passport.I went back to my home country and worked over there for 3 yrs. After sometime i got an offer from some employer Y,they have filed for my H1B and approved.
When i went for visa to US Consulate visa officer told me that am ineligible for the H1B visa. I have explained them what exactly happened in 2004.
VisaOfficer has asked to appeal for waiver using the form I-601,after my appeal to the USCIS, consulate has given the visa.I came to US in 2007 and working for same employer B .I applied for extension under the same employer B,got an RFE asking to submit aggrement b/w the client and the vendor,the requested documents are sent. After that USCIS sent NOID(Notice of Intent to Deny),gave the reason as :
In January 2004 the beneficiay applied for admission as an H1 B Worker for company X.Under oath the beneficiary stated he never signed a contract with the petitioning company X,the petition company was found not to exist. Therefore, the beneficiary was found inadmissible under 212(A)(6)(C)(I) and 212(A)(7)(A)(I)(I) and permanently ineligible for the H1 Classification.
USCIS has again came back with the same issue of my previous H1 B.
I have been in US from 2007 June with employer Y ,after going through all the process in the year 2007 USCIS has issued my visa.
Please advice me on this, any help fully appreciated.
Thank you again for your anticipated cooperation in this matter.
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number30
11-01 11:00 AM
Hi,
My I797 and I94 expired on Sept 30 2009. I have applied for an H1B extension on Sept 26 2009 using premiuim processing.
H1B extension got denied on Oct 29, 2009 after we responded to an RFE on Oct 19.
RFE required me to provide Tax returns, company wage report and employment agreement.
Can any one suggest what are my available options.
How long I can stay in US?
My lawyer is still waiting for the denial letter for more details.
Thanks
Apply for MTR it will give some time.
There is no grace period for stay. But any thing less then 180 of overstay is excused based upon your difficulties. But if you cross 180 days then you cannot enter US for three year. (Search for three year ban)
My I797 and I94 expired on Sept 30 2009. I have applied for an H1B extension on Sept 26 2009 using premiuim processing.
H1B extension got denied on Oct 29, 2009 after we responded to an RFE on Oct 19.
RFE required me to provide Tax returns, company wage report and employment agreement.
Can any one suggest what are my available options.
How long I can stay in US?
My lawyer is still waiting for the denial letter for more details.
Thanks
Apply for MTR it will give some time.
There is no grace period for stay. But any thing less then 180 of overstay is excused based upon your difficulties. But if you cross 180 days then you cannot enter US for three year. (Search for three year ban)
martinvisalaw
09-14 04:51 PM
My Husband�s priority date is Oct 2003 (EB3). My Employer is willing to start for GC in EB2. Can We use my husband�s EB3 Oct 2003 priority date ?
I agree with the other answers - you cannot recapture someone else's priority date. See here (http://martinvisalaw.blogspot.com/2009/08/faqs-on-recapturing-i-140-priority.html)
I agree with the other answers - you cannot recapture someone else's priority date. See here (http://martinvisalaw.blogspot.com/2009/08/faqs-on-recapturing-i-140-priority.html)
IN2US
07-17 02:28 AM
today is the Judgment Day for all of us, lets all hope for the best.
Its already late, I'll go to bed hoping for better tomorrow :)
Good Luck Everybody :)
IN2US
Its already late, I'll go to bed hoping for better tomorrow :)
Good Luck Everybody :)
IN2US
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