susie
09-27 11:23 PM
Hi all,
I'm wondering if there are any successful cases where CSPA and the Patriot Act were combined to ensure that the child remains under 21? My son's name has been deleted from the derivative beneficiary's list, however, he can remain eligible under this F-4 petition if the Consular calculate his age with Patriot Act 45 days. In that case, he can benefit from CSPA. Our case details as below:
Priority Date: Oct. 16, 1996
Approval Date: Dec. 4, 1996
Days of Petition Pending: 49 days
Child's 21st Birthday: May 31, 2007
Child's age when visa became current: 21 years 62 days
Need your advices. Thanks!
In Adlac 2
It say if both the CSPA and Patriot apply then the better benefit should be accorded to the alien
If patriot act does apply add 45 days onto his birthday, but the visa number did not become concurrent till 62 days past birthday.
How did you get on with the attorney?
I'm wondering if there are any successful cases where CSPA and the Patriot Act were combined to ensure that the child remains under 21? My son's name has been deleted from the derivative beneficiary's list, however, he can remain eligible under this F-4 petition if the Consular calculate his age with Patriot Act 45 days. In that case, he can benefit from CSPA. Our case details as below:
Priority Date: Oct. 16, 1996
Approval Date: Dec. 4, 1996
Days of Petition Pending: 49 days
Child's 21st Birthday: May 31, 2007
Child's age when visa became current: 21 years 62 days
Need your advices. Thanks!
In Adlac 2
It say if both the CSPA and Patriot apply then the better benefit should be accorded to the alien
If patriot act does apply add 45 days onto his birthday, but the visa number did not become concurrent till 62 days past birthday.
How did you get on with the attorney?
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pasa0202
03-28 09:15 PM
Its true... I am also in the same situation. My perm applied in Jan 2010 and H1B getting expired in Apr 2010, my company planning sending me to India to work from there. My attorney told me that once perm get approved then they can apply for I 140 even I am out of the country.
And then apply H1 B ext. and can come back to US. Let see how it works.
And then apply H1 B ext. and can come back to US. Let see how it works.
ram_ram
01-28 10:50 PM
My friend SS moved to Detroit, recently from Singapore on a H1-B Visa valid until Sep 2009. He is a product owner in a multi national company there. SS moved here and could bag 2 offers based on his Vast experience and Extraordinary skills. One in Detroit, Michigan, the other in OKC. He wanted to take the offer in MI. He gave a driving skills test before Jan 22, got a TIP(Temporary Permit), joined in a driving school to learn/practise driving. As per his TIP, he is eligible to give a driving test on or after Jan 25 2008. He gave the road test succesfully. The SOS denied to give him a license since he does not have a Green Card. All his money and time for driving classes is waste. He could not drive to work if he lived in MI. Govt does not provide any good public transportation. He did not want to fight more and waste his time with SOS reps. He moved over to OKC to take his second job offer. There is no such foolish rule yet in OKC that denies Driving license to LEGAL NON-IMMIGRANT WORKERS & LEGAL STUDENTS. Michigan lost another job. This law is not good for a state already in recession and a state with unemployment rate much greater than the national average. We ask the Governor and SOS to focus on more important economic woes of the state than brain less interpretations of the laws.
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wandmaker
05-27 05:16 PM
1.Is it mandatory to have a pending 485 application in order to get H1b
extended beyond 6 years using I-140 approval?
2.Do I need to be with the employer who filed PERM in order to get the H1b
extended beyond 6 years using I-140 or can a new employer file for my
extension using the approved I-140( without having a pending 485
application ) ?
Greatly apprecite any response...
thanks
You can use your 140 approval notice copy to extend beyond 6 years. It does not matter to which employer the 140 belongs to. It is not mandatory that you should have 485 pending.
extended beyond 6 years using I-140 approval?
2.Do I need to be with the employer who filed PERM in order to get the H1b
extended beyond 6 years using I-140 or can a new employer file for my
extension using the approved I-140( without having a pending 485
application ) ?
Greatly apprecite any response...
thanks
You can use your 140 approval notice copy to extend beyond 6 years. It does not matter to which employer the 140 belongs to. It is not mandatory that you should have 485 pending.
more...
viper673
07-24 02:55 PM
PD has nothing to do with EAD processing. They're not linked.
icecold_astro
09-29 09:53 AM
Thank you very much for your prompt reply. That cleared a lot of confusion. If I apply lets say, 3 weeks before the expiration of her I-94, does she have to leave as soon as her current I-94 expires of can she wait for the decision? I she can wait what status will she be in once her current I-94 expires and the extension is still pending?
more...
immi2006
01-05 10:16 AM
Do u want to push this idea ?
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raysaikat
10-04 11:13 AM
Hello,
I entered this country (US) on a F1 visa. I've completed my masters and during my post-completion OPT I was offered a job by a company who filed my H1. It was approved in Nov 09 and was valid until Nov 2012. But in Apr 2010 I was laid off and since H1 doesn't have any grace period and I couldn't find an employer ready for a transfer, so I changed my status back to F1. I'm currently working for an IT consulting company (full time) at their client location. The client would like to hire me full time. But since I'm working on my CPT, and do not have a valid H1 visa is it possible that the Client can simply transfer my existing H1 or do they have to file a new H1 as my status has changed. Please suggest as I'm very Confused how to deal with this situation as I do not want to lose an opportunity. Also please do throw some light on any grey areas if present.
Thanks
Pradeep.
There is nothing called "transfer". Every H1-B petition is a new petition. Your employer has to submit a petition on your behalf. Since you have already been counted towards the quota once within the last 6 years, you will not be subject to the quota again.
==============
�(7) Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.�.
==============
I entered this country (US) on a F1 visa. I've completed my masters and during my post-completion OPT I was offered a job by a company who filed my H1. It was approved in Nov 09 and was valid until Nov 2012. But in Apr 2010 I was laid off and since H1 doesn't have any grace period and I couldn't find an employer ready for a transfer, so I changed my status back to F1. I'm currently working for an IT consulting company (full time) at their client location. The client would like to hire me full time. But since I'm working on my CPT, and do not have a valid H1 visa is it possible that the Client can simply transfer my existing H1 or do they have to file a new H1 as my status has changed. Please suggest as I'm very Confused how to deal with this situation as I do not want to lose an opportunity. Also please do throw some light on any grey areas if present.
Thanks
Pradeep.
There is nothing called "transfer". Every H1-B petition is a new petition. Your employer has to submit a petition on your behalf. Since you have already been counted towards the quota once within the last 6 years, you will not be subject to the quota again.
==============
�(7) Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.�.
==============
more...
wandmaker
08-15 10:43 AM
I have a question regarding employment and I-485 approval. For travel, one can take the I-797 approval notice and get their passport stamped if the physical green card has not arrived yet.
How about employment? Can the approved I-797 for green card be used for filling in I-9 for employment? One can think of various situations where this might be useful. Say you have renewed your EAD/H1B that is expiring, do you file the new I-9 with new EAD/H1B or show the I-797.
I have been asked filled out a new I-9 form; I mailed it to my employer along with the copy of approval notice and plastic card.
How about employment? Can the approved I-797 for green card be used for filling in I-9 for employment? One can think of various situations where this might be useful. Say you have renewed your EAD/H1B that is expiring, do you file the new I-9 with new EAD/H1B or show the I-797.
I have been asked filled out a new I-9 form; I mailed it to my employer along with the copy of approval notice and plastic card.
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jd123
05-16 01:18 PM
Do i have to leave the country? isnt there another option?
more...
chintu25
12-13 03:18 PM
:)
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meridiani.planum
12-18 11:57 PM
inline...
Q) What happens to the pending AoS application if I switch jobs from current employer to a different employer on H-1B.?
If you satisfy all conditions of AC-21, then nothing happens to your AOS:
- your i-140 is approved
- 180 days have passed since your filing of 485
- new jobs is same/similar to old one
Q) What happens to my pending AoS if I switch job with different responsibilites on H-1B?
Assuming rest of AC-21 requirements are met, if hte new job is not deemed similar to old one by USCIS when they adjudicate your 485, it can result in a denial.
Q) 180 day rule of AC21 portability is applicable as of the receipt data or notice date?
receipt date
Q) Do I need to file AC21 if working for the same employer in a different position?
typically no. Note that the new position cannot be too differnet from your LC one.
Q) What happens to the pending AoS application if I switch jobs from current employer to a different employer on H-1B.?
If you satisfy all conditions of AC-21, then nothing happens to your AOS:
- your i-140 is approved
- 180 days have passed since your filing of 485
- new jobs is same/similar to old one
Q) What happens to my pending AoS if I switch job with different responsibilites on H-1B?
Assuming rest of AC-21 requirements are met, if hte new job is not deemed similar to old one by USCIS when they adjudicate your 485, it can result in a denial.
Q) 180 day rule of AC21 portability is applicable as of the receipt data or notice date?
receipt date
Q) Do I need to file AC21 if working for the same employer in a different position?
typically no. Note that the new position cannot be too differnet from your LC one.
more...
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alejo6819
10-04 08:55 PM
Hello,
I have my FP appointment at this USCIS office in Charlotte, NC at 4801 Chastain Ave.
Has anybody been to this place before?
I wanted to know about parking and any other useful info anybody can provide.
Thanks a lot.
I have my FP appointment at this USCIS office in Charlotte, NC at 4801 Chastain Ave.
Has anybody been to this place before?
I wanted to know about parking and any other useful info anybody can provide.
Thanks a lot.
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st4rguitar
04-06 01:51 PM
Hello
My Labor approved in May 2007, Still i didn't received my Labor Hard Copy.
Anyone in same boat??:eek:
You will not receive the originals. They will go to the entity that filed your LC - if a lawyer filed for it, the original will go to the lawyer. If the employer filed for it, the original will go to the employer. You will have to sign one page of the original document (which the employer/lawyer should send to you) before filing your I-140. The employer does not legally have to provide you with a copy of the LC either.
Now, if your employer/lawyer have not received the original from the DOL, he/she can follow the instructions as stated on the PLC website to obtain a duplicate certification copy. Although from what you are saying, if it was approved in May of last year, it will have expired by now anyway.
My Labor approved in May 2007, Still i didn't received my Labor Hard Copy.
Anyone in same boat??:eek:
You will not receive the originals. They will go to the entity that filed your LC - if a lawyer filed for it, the original will go to the lawyer. If the employer filed for it, the original will go to the employer. You will have to sign one page of the original document (which the employer/lawyer should send to you) before filing your I-140. The employer does not legally have to provide you with a copy of the LC either.
Now, if your employer/lawyer have not received the original from the DOL, he/she can follow the instructions as stated on the PLC website to obtain a duplicate certification copy. Although from what you are saying, if it was approved in May of last year, it will have expired by now anyway.
more...
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sagittarian
05-08 04:07 PM
Folks,
I will get my H1B this October. How long should I stick with the same company before transferring? I read somewhere that I should stick with them for atleast 3 months after Oct 1st. Is this true?
I will get my H1B this October. How long should I stick with the same company before transferring? I read somewhere that I should stick with them for atleast 3 months after Oct 1st. Is this true?
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Vikas_088
03-08 02:37 AM
Nice CONCEPT!!
It�s a combination of Text Design + Game
I found �Vikrant� in this Cross Words Game. Seems like it�s your name.:bear:
It�s a combination of Text Design + Game
I found �Vikrant� in this Cross Words Game. Seems like it�s your name.:bear:
more...
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amengiv
01-12 02:24 PM
Hello everyone,
I was scheduled to go to an I485 interview(PD: March 2006) at the end of this month.
Here is my situtation, my H1B was expired at 08/15/09 and I renewed my expired EAD(expired in January, 2009) on 07/30/2009. However my previous employee laid me off on 08/31/09. Before I got my new EAD on 11/18/09 and started my new job on 11/23/09, there was a period of time(from 09/01/09 to 11/22/09) that I was umemployed without a valid H1B or EAD.
Is that a big deal when I go to the interview? If it is, does anyone want to provide any advice?
Thanks a lot in advance!
Andrew
I was scheduled to go to an I485 interview(PD: March 2006) at the end of this month.
Here is my situtation, my H1B was expired at 08/15/09 and I renewed my expired EAD(expired in January, 2009) on 07/30/2009. However my previous employee laid me off on 08/31/09. Before I got my new EAD on 11/18/09 and started my new job on 11/23/09, there was a period of time(from 09/01/09 to 11/22/09) that I was umemployed without a valid H1B or EAD.
Is that a big deal when I go to the interview? If it is, does anyone want to provide any advice?
Thanks a lot in advance!
Andrew
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adnan_vijay
12-02 04:53 PM
my US green card holder mom partitioned for my green card in 2000
my priority date became current in june this year
my consular processing application has been lodge for almost 2 months now to USCIS.
can I please ask when is the FBI name check done?
how do I know if I pass the FBI name check?
:confused:
my priority date became current in june this year
my consular processing application has been lodge for almost 2 months now to USCIS.
can I please ask when is the FBI name check done?
how do I know if I pass the FBI name check?
:confused:
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cjain
09-12 02:56 PM
http://immigrationvoice.org/forum/showpost.php?p=114880&postcount=3560
gccovet
07-08 09:36 PM
but we sent out the application package on June 28 (Friday) and the USCIS received our package on July 1st (Based on the Fedex tracking record). There is no way that my employer can refer to the new prevailing wage databse, which is released on July 1st.
Save the FedEx receipts etc, they might be useful in case of RFE.
GCCovet
Save the FedEx receipts etc, they might be useful in case of RFE.
GCCovet
h1checker
10-01 03:13 PM
Hi All,
I am attending my visa interview next week in one of the Indian consulate. Sometime back I came across a website which lists each persons interview date and there visa status - approved/denied. I am not able to re-collect that link
Does any one has any idea?. Basically that link shows the status of visa interviews conducted.
Thanks in advance
I am attending my visa interview next week in one of the Indian consulate. Sometime back I came across a website which lists each persons interview date and there visa status - approved/denied. I am not able to re-collect that link
Does any one has any idea?. Basically that link shows the status of visa interviews conducted.
Thanks in advance
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