LondonTown
11-21 12:18 AM
Please do not go for stamping if it can be avoided, as embassies are very frequently giving form 221(g) for additional administrative processing which may take few weeks to several months.
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illusions
03-17 04:17 PM
Restarting wouldn't be a bad idea in my case as i'm EB3 ROW and i do have an approved I140 on EB3.
But in my case i have over 4 years of work experience, but do not have a masters degree, so any idea if that is possible ?
My gut feeling is that regardless if i'm not able to qualify for EB2, my PD JUN 2006 will get current in a couple of months - just hopefull :rolleyes:
But in my case i have over 4 years of work experience, but do not have a masters degree, so any idea if that is possible ?
My gut feeling is that regardless if i'm not able to qualify for EB2, my PD JUN 2006 will get current in a couple of months - just hopefull :rolleyes:
bobzibub
11-06 02:23 PM
Hello,
Can someone tell me about the final interview for the EB based GC process.
1) Does everyone get called for an interview or is it done on selected cases based on individual factors?
2) When is it generally done? Prior to approval of your 485 or prior to the issue of your visa(GC).
3) Why is it done and what kind of questions can one expect during the interview?
Thanks
Lasantha
A couple acquaintances have gone through the process. Some Australians were given a lot of grief when the person accused them of coming from Antigua or some little Island. It was obviously a typo on their part--they have obvious Aussie accents. He accused them and accused them. They didn't give and the officer gave up. Officer 0, immigrants 1.
Another woman was asked if she's planning on staging a terrorist attack. (She's French.) She said something like "If I was, would I tell you?" and then had to wait an extra year as the officer said they were done. Officer 1, immigrants 0
Remember spouses birth dates, etc.
So even if they ask idiot questions, and they probably will, don't make any jokes or anything. Be firm, formal, and polite. Behave as you wish they would.
Can someone tell me about the final interview for the EB based GC process.
1) Does everyone get called for an interview or is it done on selected cases based on individual factors?
2) When is it generally done? Prior to approval of your 485 or prior to the issue of your visa(GC).
3) Why is it done and what kind of questions can one expect during the interview?
Thanks
Lasantha
A couple acquaintances have gone through the process. Some Australians were given a lot of grief when the person accused them of coming from Antigua or some little Island. It was obviously a typo on their part--they have obvious Aussie accents. He accused them and accused them. They didn't give and the officer gave up. Officer 0, immigrants 1.
Another woman was asked if she's planning on staging a terrorist attack. (She's French.) She said something like "If I was, would I tell you?" and then had to wait an extra year as the officer said they were done. Officer 1, immigrants 0
Remember spouses birth dates, etc.
So even if they ask idiot questions, and they probably will, don't make any jokes or anything. Be firm, formal, and polite. Behave as you wish they would.
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milind70
07-25 10:00 AM
Hello,
My Present H1B stamp is with company A and expires November 20 2007. Now I'm with company B and with this I have my petetion (H1B approval) which expires June 20 2008. Now I'm travelling to India for my marriage and coming back September 8. I'm not getting the new stamp this time. Will I have any problem during the immigration ??
Also with my present papers, my wife would be attending her visa Interview on Sep 4. Will there be any problem for her at the interview ???
Thanks in Advance
Just make sure you show you approved 797 petition from company B ( for whom you are working ) at POE to the immigration officer so he can enter the correct employer in their system and also gives u the correct I 94 which should expire on June 20 2008.
My Present H1B stamp is with company A and expires November 20 2007. Now I'm with company B and with this I have my petetion (H1B approval) which expires June 20 2008. Now I'm travelling to India for my marriage and coming back September 8. I'm not getting the new stamp this time. Will I have any problem during the immigration ??
Also with my present papers, my wife would be attending her visa Interview on Sep 4. Will there be any problem for her at the interview ???
Thanks in Advance
Just make sure you show you approved 797 petition from company B ( for whom you are working ) at POE to the immigration officer so he can enter the correct employer in their system and also gives u the correct I 94 which should expire on June 20 2008.
more...
radhagd
02-20 09:21 AM
Yes you can use your Company A experience for applying EB2 in COmpany B.
kirupa
07-25 01:34 AM
Added! :)
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vikrant29nov
03-06 10:34 PM
Thx IqAndreas (http://www.kirupa.com/forum/member.php?u=134305) :look: and Templarian (http://www.kirupa.com/forum/member.php?u=24487) :proud:
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Good Luck guys :thumb:
Many more words hidden there... waiting for more answers...
Good Luck guys :thumb:
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suttu
01-14 12:28 PM
Its been more than a month that my employer got the approval email but the lawyers say they never got the paper cert. In their opinion, now it is too late to expect the paper. They also say that it is impossible to get a duplicate cert from DOL.
The only option, per my lawyers, is to file a regular I140 and ask USCIS to get the duplicate directly from USDOL when we get the RFE.
Has anyone else had a similar experience or is the laywer pulling my chain since i have three EADs and APs due for approval in 3 months.
Can folks confirm that PERM certs indeed go missing and this is the only recourse?
The only option, per my lawyers, is to file a regular I140 and ask USCIS to get the duplicate directly from USDOL when we get the RFE.
Has anyone else had a similar experience or is the laywer pulling my chain since i have three EADs and APs due for approval in 3 months.
Can folks confirm that PERM certs indeed go missing and this is the only recourse?
more...
jliechty
February 12th, 2005, 12:50 AM
The picture is fine, but I think the way FNM crops it makes it even better. :)
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vactorboy29
11-29 11:43 AM
Hello experts,
Here is a situation of my friend .
1.He lost his and his wife's passport alongwith the receipt notices and FP notice.The current visa which has expired and I-94 is also lost.
If he is in states then he can apply for new passport .For FP Notice he can just walk in to office get FP done on that day provided he has copy or A number with him .
Apply for duplicate copy of H1B approval ,I think it cost @ 200 - 300 $
2.The lost passport includes the old passport with old visa in it.
Get duplicate copy of h1b and go outside usa and get visa stamp on new passport.
Can you please throw some light as to what are his options.
Thanks & Regards
Just my 2 cents...
Here is a situation of my friend .
1.He lost his and his wife's passport alongwith the receipt notices and FP notice.The current visa which has expired and I-94 is also lost.
If he is in states then he can apply for new passport .For FP Notice he can just walk in to office get FP done on that day provided he has copy or A number with him .
Apply for duplicate copy of H1B approval ,I think it cost @ 200 - 300 $
2.The lost passport includes the old passport with old visa in it.
Get duplicate copy of h1b and go outside usa and get visa stamp on new passport.
Can you please throw some light as to what are his options.
Thanks & Regards
Just my 2 cents...
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amyleu
06-18 12:55 PM
I filed the Labor Certification since September, 07 and got audited in November, 07. The response was sent to DOL in November, 07. I have not heard anything since then. Also, my H1B visa expired in the early of May, 08. I left US on April 28, 08. I�m very frustrated and depressed, and the lawyer is very unhelpful. I got questions as follows:
1) Should I refile the Labor Certification with my current employer in the new position? How about the audit? Should I request to DOL to withdraw the application first and refile the new one? Will my PD be changed according to the new filing date?
2) What would be the best way about H1B visa? I was out of US for one and a half month during these 6 years of H1B period. I heard that the vacation can be recapped, and I will be able to go back to US in the mid of July, 08 due to the pending PERM application for 365 days. In this case, should I start filing the H1B recapture with the H1 Extension now since my application will be pending for a year by the mid of July, 08 (include one and a half month times out of US). Otherwise, should I wait and start the application in the mid of July, 08?
3) If my Labor Certification is pending again till the end of one year extension (in the case of getting the approval on one year extension), do I have to leave US again?
4) I wonder if I should wait outside US for a year until the early of May, 09. Then, reapply the new 6 year- H1B visa again. Can my current employer do that for me? Would it be the better option comparing to the H1B recapture and H1B extension? In the case of starting the new application, when should I start the application? I heard the new H1B cap usually starts around the early of April and will be filled up within a couple days. Also, I have to wait for one year prior to applying for a new H1B, counting the day that my visa expired. So, does it mean that I have to wait till the early of May, 09 to be eligible to send the H1B application since the application will be rejected from USCIS in the case of submitting it prior to the early of May, 09 (one year rule)? Will the cap be filled up by then and what will I do?
Anybody, please advise. Thank you very much.
1) Should I refile the Labor Certification with my current employer in the new position? How about the audit? Should I request to DOL to withdraw the application first and refile the new one? Will my PD be changed according to the new filing date?
2) What would be the best way about H1B visa? I was out of US for one and a half month during these 6 years of H1B period. I heard that the vacation can be recapped, and I will be able to go back to US in the mid of July, 08 due to the pending PERM application for 365 days. In this case, should I start filing the H1B recapture with the H1 Extension now since my application will be pending for a year by the mid of July, 08 (include one and a half month times out of US). Otherwise, should I wait and start the application in the mid of July, 08?
3) If my Labor Certification is pending again till the end of one year extension (in the case of getting the approval on one year extension), do I have to leave US again?
4) I wonder if I should wait outside US for a year until the early of May, 09. Then, reapply the new 6 year- H1B visa again. Can my current employer do that for me? Would it be the better option comparing to the H1B recapture and H1B extension? In the case of starting the new application, when should I start the application? I heard the new H1B cap usually starts around the early of April and will be filled up within a couple days. Also, I have to wait for one year prior to applying for a new H1B, counting the day that my visa expired. So, does it mean that I have to wait till the early of May, 09 to be eligible to send the H1B application since the application will be rejected from USCIS in the case of submitting it prior to the early of May, 09 (one year rule)? Will the cap be filled up by then and what will I do?
Anybody, please advise. Thank you very much.
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pappu
09-16 09:54 PM
Does anyone have any names and suggestions on the best lawyers in the US? Dan19, could you please tell me which lawyer the person consulted with who got his LC approved? I have contacted Carl Shusterman and have a phone appointment with him on Monday. Any ideas would be appreciate since I don't have much time left cuz I need response to the letter by Sept 27, which is two weeks from now.
I really appreciate everyone's input on my labor certification problem. The letter I got from the labor department is a letter with intent to deny application which means my LC is not denied yet but that they are considering of denying it if I couldn't provide evidence to explain why the job description is restrictive. On the letter however, I am not given the option to readvertise. So my lawyer plans to request for that but he said most likely the Labor department will not grant the consent for me to readvertise
sent you a PM with my recommendation of a lawyer
I really appreciate everyone's input on my labor certification problem. The letter I got from the labor department is a letter with intent to deny application which means my LC is not denied yet but that they are considering of denying it if I couldn't provide evidence to explain why the job description is restrictive. On the letter however, I am not given the option to readvertise. So my lawyer plans to request for that but he said most likely the Labor department will not grant the consent for me to readvertise
sent you a PM with my recommendation of a lawyer
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sagittariusarm
02-12 11:10 AM
My wife was also in the same situation. We hired a good Driving Violations lawyer. He reduced it to a no points 'Reckless Driving' ticket. It did increase our insurance premiums but no other effect.
Thanks buehler!!
Do you know what was the classification of your wife's case? In my wife's case it was a criminal violation. Since the insurance took care of the other party, I am sure our premium will increase but that is not the worry, just want to make sure she is cleared and her immigration process is not affected. My immigration attorney just confirmed that it should not be a issue because even if judge sentences the max sentence is 60 days jail or $500 fine, I would prefer the later, but I am sure the case will not go that far because I am hiring a attorney.
The green card process will be a issue only if the sentence is more than a year, as per my attorney.
Thanks buehler!!
Do you know what was the classification of your wife's case? In my wife's case it was a criminal violation. Since the insurance took care of the other party, I am sure our premium will increase but that is not the worry, just want to make sure she is cleared and her immigration process is not affected. My immigration attorney just confirmed that it should not be a issue because even if judge sentences the max sentence is 60 days jail or $500 fine, I would prefer the later, but I am sure the case will not go that far because I am hiring a attorney.
The green card process will be a issue only if the sentence is more than a year, as per my attorney.
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yagw
12-07 07:35 AM
Hello,
I've been working on EAD for about 4 years now as priority dates are backed up a lot. My I-140 has been approved in 2007 and still waiting on I-485 to get approved. My current employer is not my original sponsor. I changed jobs after the "180 days post I-485 receipt" policy. Now, I'm interested to accept an offer (similar job) in another state. How will this affect my I-485 if I'm changing employers for the 3rd time and this time, at another state?
Thank you very much.
In EAD, there is no restriction on the number of times you can change the job and also in what state you are employed (could be different from the one your labor was filed), provided the new job is in same or similar category.
In your case (moving to a difrerent state), chance of getting RFE for EVL is high. So make sure that the new employer can provide a EVL stating that the new job is in the same or similar category as your old one (for which the labor got approved).
Other than that, you should be fine...
BTW, dont forget to file AR-11 within 10 days of your change of address.
I've been working on EAD for about 4 years now as priority dates are backed up a lot. My I-140 has been approved in 2007 and still waiting on I-485 to get approved. My current employer is not my original sponsor. I changed jobs after the "180 days post I-485 receipt" policy. Now, I'm interested to accept an offer (similar job) in another state. How will this affect my I-485 if I'm changing employers for the 3rd time and this time, at another state?
Thank you very much.
In EAD, there is no restriction on the number of times you can change the job and also in what state you are employed (could be different from the one your labor was filed), provided the new job is in same or similar category.
In your case (moving to a difrerent state), chance of getting RFE for EVL is high. So make sure that the new employer can provide a EVL stating that the new job is in the same or similar category as your old one (for which the labor got approved).
Other than that, you should be fine...
BTW, dont forget to file AR-11 within 10 days of your change of address.
more...
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averagedesi
06-20 04:45 PM
Here is an excerpt from the link below.. it sounds crazy
"Visa numbers can retrogress in the middle of a month and become unavailable without prior notice. If there is a mid-month retrogression, USCIS could elect to stop accepting adjustment applications. While this is unlikely to occur in July 2007, it becomes more and more possible as the fiscal year progresses. "
I hope this doesnt happen.
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8d3d061006d75c47852572ff00687697?OpenDocument
"Visa numbers can retrogress in the middle of a month and become unavailable without prior notice. If there is a mid-month retrogression, USCIS could elect to stop accepting adjustment applications. While this is unlikely to occur in July 2007, it becomes more and more possible as the fiscal year progresses. "
I hope this doesnt happen.
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8d3d061006d75c47852572ff00687697?OpenDocument
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Sushana
01-15 11:47 AM
To the best of my knowledge and what I have heard from our international office and immigration lawyers: Once you are counted (Baptised!!!), you do not need to worry about cap-subject ceiling.
For making it doubly sure, always check with recruiting firm's lawyers and your non-profit company's lawyers. They will be doing the paper work. If confusions previal, you can give advise, counsel or consult attorney.
My guess is: this is well known fact and may not need attorney. See what others say.
Thanks M for your timely reply. It is helpful to know that I don't have to again go through the "H1-B lottery" for 2008-09
For making it doubly sure, always check with recruiting firm's lawyers and your non-profit company's lawyers. They will be doing the paper work. If confusions previal, you can give advise, counsel or consult attorney.
My guess is: this is well known fact and may not need attorney. See what others say.
Thanks M for your timely reply. It is helpful to know that I don't have to again go through the "H1-B lottery" for 2008-09
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raju6855
01-19 12:35 PM
Sure, i will
Thanks for your response.
Thanks for your response.
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CADude
04-03 09:39 PM
Me and spouse sent the seperate letter to WH and copy to IV. No response so far from any place.
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bombaysardar
08-01 09:18 PM
What is interesting in this? This is not interesting, this is published guideline from USCIS. But the outcome is not guaranteed to get an EAD.
Many of the users may not be aware of this feature - thanks for flagging it 'jazzbythebay':)
Many of the users may not be aware of this feature - thanks for flagging it 'jazzbythebay':)
davesmith
01-29 10:19 AM
Thanks for reply. But I am getting confused with GC Category. I have posted this question in new thread.
Thanks a lot for reply.
Thanks a lot for reply.
ztopia
03-30 09:09 PM
123,
Yes. U have to file a G28 for ur spouse. I am in a similar situ and am in the process of doing so myself.
As for the actual porting, did u do an H-1 transfer or did u start at ur new company using ur EAD? If u did transfer over ur H-1 did u wait until u got the actual USCIS receipt to start work?
Does anyone know what what legal expenses one might ...once form G-28 is filed for a new lawyer to represent an applicant (I-140 has been approved and I-485 was filed more than 180 days ago)??
Hi All,
I have used AC21 to switch employers. I also changed attorney using G28.
Do I need to file G28 for my spouse as well for the new attorney?
Any help will be appreciated.
Thanks
Yes. U have to file a G28 for ur spouse. I am in a similar situ and am in the process of doing so myself.
As for the actual porting, did u do an H-1 transfer or did u start at ur new company using ur EAD? If u did transfer over ur H-1 did u wait until u got the actual USCIS receipt to start work?
Does anyone know what what legal expenses one might ...once form G-28 is filed for a new lawyer to represent an applicant (I-140 has been approved and I-485 was filed more than 180 days ago)??
Hi All,
I have used AC21 to switch employers. I also changed attorney using G28.
Do I need to file G28 for my spouse as well for the new attorney?
Any help will be appreciated.
Thanks
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