wandmaker
12-18 11:27 PM
Also I heard that the time limit of 6 months to apply the I-140 after the labor is approved is only applies to people who substuting the approved labor. I am not sure how far that is true, any clarifications would be great.
One must apply for 140 with in 180 days the labor approval. Labor substitution has been discontinued.
One must apply for 140 with in 180 days the labor approval. Labor substitution has been discontinued.
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potatoeater
05-26 04:26 PM
Now, the VFS site is giving the error "No dates available" for visitor visa. Even if you opt for an emergency appointment option, you still get the same error.
Are others facing the same issue? Is something wrong with this site?
Are others facing the same issue? Is something wrong with this site?
GCwaitforever
06-30 06:01 PM
Should not the mere fact of finding a substitute person for the labor petition invalidate the labor petition itself? The idea of labor petition meant to indicate non-availability of local talent (which includes H-1Bs already present?)... This is a contradiction in substitute labor petitions.
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485Mbe4001
12-16 06:52 PM
:) there are too many variables to this equation. even ajmeri will hang up on you if you ask him when somebodys EB3 will be current.
all joking aside, it will be a nightmare for EB3 as well as EB2 unless there is some kind of reform. EB3 with a PD of 2004+ for india, china, mexico and some more other countires could easily take 10 years. I am an optimist and i still I think we will the dreaded 'U' pretty soon. There is a urgent need to educate people about this and get something passed, EB is totally broken.
all joking aside, it will be a nightmare for EB3 as well as EB2 unless there is some kind of reform. EB3 with a PD of 2004+ for india, china, mexico and some more other countires could easily take 10 years. I am an optimist and i still I think we will the dreaded 'U' pretty soon. There is a urgent need to educate people about this and get something passed, EB is totally broken.
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WeShallOvercome
12-26 12:49 PM
I suppose you are living in USA.
On the second option "non-resident alien", if you are residing in USA, then you are not considered as non-resident. So I would eliminate this option.
On the first option "non-permanent resident alien", if you are residing in USA, I would choose this as the right option. Since holding an H1B means that you are a temporary (non-permanent) resident alien. Holding an EAD does not allow you to stay here permanently. It is only a temporary authorization to allow you to work without H1B. Remember that it requires renewal every year.
To answer your question, you are a non-permanent resident alien.
Venram,
I'm afraid your understanding of the term 'resident' or 'non-resident' is not correct.
In US immigration jargon, a resident-alien is someone who lives and works in US on a permanent basis- like on a Green card.
The term non-resident here does not mean that you are not residing in the US. It only means that you are an alien, living and/or working in the US on a temporary basis, and you are not a (Permanent) resident.
Resident alien - An alien living here on a permanent basis
NonResident Alien - An alien living here on a temporary basis
I've never heard of the term 'non-permanent Resident alien'.. I think it is same as non-resident alien..
On the second option "non-resident alien", if you are residing in USA, then you are not considered as non-resident. So I would eliminate this option.
On the first option "non-permanent resident alien", if you are residing in USA, I would choose this as the right option. Since holding an H1B means that you are a temporary (non-permanent) resident alien. Holding an EAD does not allow you to stay here permanently. It is only a temporary authorization to allow you to work without H1B. Remember that it requires renewal every year.
To answer your question, you are a non-permanent resident alien.
Venram,
I'm afraid your understanding of the term 'resident' or 'non-resident' is not correct.
In US immigration jargon, a resident-alien is someone who lives and works in US on a permanent basis- like on a Green card.
The term non-resident here does not mean that you are not residing in the US. It only means that you are an alien, living and/or working in the US on a temporary basis, and you are not a (Permanent) resident.
Resident alien - An alien living here on a permanent basis
NonResident Alien - An alien living here on a temporary basis
I've never heard of the term 'non-permanent Resident alien'.. I think it is same as non-resident alien..
Templarian
08-27 11:45 AM
^Perfect :fab:
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damialok
03-26 01:48 PM
Vancouver takes around 4 business days to give your passport with Visa stamped on it. My cousin went in 2 weeks back and he had to extend his stay for 4 more days. So plan ahead.
Actually they say it might even take 5 days too but thats unlikely.
Actually they say it might even take 5 days too but thats unlikely.
2010 fish as the common carp,
coolest_me
05-06 11:33 PM
Hi,
We just got the RFE on our application regarding the Medical. We did completed all the vaccination that were required. I am not sure what USCIS is asking us to complete. Does anyone has any experience about this kind of RFE..
We just got the RFE on our application regarding the Medical. We did completed all the vaccination that were required. I am not sure what USCIS is asking us to complete. Does anyone has any experience about this kind of RFE..
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psn1975
11-05 08:06 PM
Hi
I my PD is July 2003 EB3 (India).
My I140 was approved in 2006 and had applied for 485, EAD, A/P in July 2007 like most of you. Yesterday LUD on my approved I140 and 485, EAD, A/P applications in USCIS changed after months. But now my approved I140 status has changed to Case received and pending.
What is even more surprising is that it also says On April XX, 2008, we received this I140 IMMIGRANT PETITION FOR ALIEN WORKER... This is incorrect since i got the approval notice in Nov 2006.
I have NOT done any labor substitution or anything like that.
As usually our corporate lawyer and HR were useless and think this is just some system issue at USCIS. Did anyone else see this before? I was looking for other threads but couldn't find anyone else having similar issues.
Immigration gurus - any suggestions/comments? Is this normal?
Thanks!
I my PD is July 2003 EB3 (India).
My I140 was approved in 2006 and had applied for 485, EAD, A/P in July 2007 like most of you. Yesterday LUD on my approved I140 and 485, EAD, A/P applications in USCIS changed after months. But now my approved I140 status has changed to Case received and pending.
What is even more surprising is that it also says On April XX, 2008, we received this I140 IMMIGRANT PETITION FOR ALIEN WORKER... This is incorrect since i got the approval notice in Nov 2006.
I have NOT done any labor substitution or anything like that.
As usually our corporate lawyer and HR were useless and think this is just some system issue at USCIS. Did anyone else see this before? I was looking for other threads but couldn't find anyone else having similar issues.
Immigration gurus - any suggestions/comments? Is this normal?
Thanks!
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vvincent72
08-16 04:59 PM
As per me, you really have to do "nothing"
1. You continue working with your present employer
2. Let the contract company get your H1B approved
3. After getting the new H1b Approval tell the contracting company that you will not join till 3 months as you are working on some important project, and able to join them ASA the project is complete
4. Wait for 6 months
5. After 6 months you will get EAD.
I did somewhat the same as above and it did work, a contracting company applied for my H1B but didn't join them for some technical reasons
The best part of this is you will get a CAP exempt H1B, which you can use it, if you run in trouble with your I-485
Thanks for your reply guys.! Looks like the bottom line you guys state is that - does not matter if the H1B is not withdrawn before Oct. 1st 2007 by the contracting company. It should not be a big deal to me when and how they withdraw this right.?
All that i may need from the employer is the letter they write to USCIS stating to cancel this petition. Do i have to keep a copy of the fedex receipt that they may use to send this out to USCIS. Just evidence that USCIS recd. this package.! Since USCIS will not send anything back that they actually withdrew this petiton what kind of proof / evidence do i need to keep with me for furture reference.?
Does this hanging I-129 petition affect the 485 / EAD that we have filed.?
Thank you!
1. You continue working with your present employer
2. Let the contract company get your H1B approved
3. After getting the new H1b Approval tell the contracting company that you will not join till 3 months as you are working on some important project, and able to join them ASA the project is complete
4. Wait for 6 months
5. After 6 months you will get EAD.
I did somewhat the same as above and it did work, a contracting company applied for my H1B but didn't join them for some technical reasons
The best part of this is you will get a CAP exempt H1B, which you can use it, if you run in trouble with your I-485
Thanks for your reply guys.! Looks like the bottom line you guys state is that - does not matter if the H1B is not withdrawn before Oct. 1st 2007 by the contracting company. It should not be a big deal to me when and how they withdraw this right.?
All that i may need from the employer is the letter they write to USCIS stating to cancel this petition. Do i have to keep a copy of the fedex receipt that they may use to send this out to USCIS. Just evidence that USCIS recd. this package.! Since USCIS will not send anything back that they actually withdrew this petiton what kind of proof / evidence do i need to keep with me for furture reference.?
Does this hanging I-129 petition affect the 485 / EAD that we have filed.?
Thank you!
more...
danonline2110
01-22 02:56 PM
Hello,
I am a French citizen (married to a French woman with a French 3 1/2 daughter). We have been living for 8 years in London (UK) until July 2007, where we have had the opportunity to come and live in US (Atlanta - GA) for past 1 1/2 year on a L1-Visa (for me as a foreign national holding an advanced degree on international transfer company) and L-2 visas for my dependents (My wife has her EAD and is working as a French teacher consultant). These are 3 year Visas renewable until 5 years. I have moved as a Product Architect in IT field (Airline Industry) reporting to an IT Director.
I am currently trying to negotiate with my company to stay on a local contract after my initial mission of 2 years expires (end June 09) and make them do all the necessary paperwork for getting the Green Cards for me/wife and daughter (I assume would be EB-2?)
They may reject my offer to handle requesting Green Cards for us, but still offer me to stay on a local contract on the L1-Visa, not allowing me to foresee to stay legally any longer than 5 years (maybe extended 2 additional years but still...).
I want to be prepared for that scenario with assistance of experts to know where I could go from there.
2 Alternatives as I see:
1) If I stay in same company, could I try to apply for Green Cards for my family (Green Card EB-2) myself being employed by this company on L1 Visa? What are my chances of succeeding then?
2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?
In both cases, if I apply myself for the Green Cards, I suppose I would no longer be tied to my company and free to look for a job elsewhere in Georgia or other state in USA?
I would appreciate any expertise on that matter.
Thanks!
Daniel
I am a French citizen (married to a French woman with a French 3 1/2 daughter). We have been living for 8 years in London (UK) until July 2007, where we have had the opportunity to come and live in US (Atlanta - GA) for past 1 1/2 year on a L1-Visa (for me as a foreign national holding an advanced degree on international transfer company) and L-2 visas for my dependents (My wife has her EAD and is working as a French teacher consultant). These are 3 year Visas renewable until 5 years. I have moved as a Product Architect in IT field (Airline Industry) reporting to an IT Director.
I am currently trying to negotiate with my company to stay on a local contract after my initial mission of 2 years expires (end June 09) and make them do all the necessary paperwork for getting the Green Cards for me/wife and daughter (I assume would be EB-2?)
They may reject my offer to handle requesting Green Cards for us, but still offer me to stay on a local contract on the L1-Visa, not allowing me to foresee to stay legally any longer than 5 years (maybe extended 2 additional years but still...).
I want to be prepared for that scenario with assistance of experts to know where I could go from there.
2 Alternatives as I see:
1) If I stay in same company, could I try to apply for Green Cards for my family (Green Card EB-2) myself being employed by this company on L1 Visa? What are my chances of succeeding then?
2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?
In both cases, if I apply myself for the Green Cards, I suppose I would no longer be tied to my company and free to look for a job elsewhere in Georgia or other state in USA?
I would appreciate any expertise on that matter.
Thanks!
Daniel
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chem2
08-29 10:14 PM
PAR: parolee
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vgc
07-26 10:39 AM
^^^^^^^
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pappu
06-08 10:37 AM
/\/\/\/
Bumping it up. This is the most important action ite we can take part in. Please contribute if you have not contributed to this drive yet.
Bumping it up. This is the most important action ite we can take part in. Please contribute if you have not contributed to this drive yet.
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pictures that common carp (Cyprinus
tikka
06-07 01:14 PM
Have you had a chance to contribute as yet? if NOT please do so soon.
IV needs funds for lobbying efforts
thank you
I am surprised with this thread. There is no Deadline for employemnt based GC (this was mentioned by Sen. Robert (Bob) Men�ndez,NJ when requesting to move the FB deadline which is clearly mentioned in the bill as May 01, 2005) . Please read the summary and text carefully.
Summary:
First five years
Total number of merit-based green cards includes sum of:
a.) First five fiscal years have same number of green cards as made available to EB category in 2005. This number is 246,878.
b.) Any visa number not used by family based category.
How the total number will be divided between Current system and new merit-based system and Y visa holders --
- 10,000 (or more) reserved for exceptional aliens under �Y� visa category.
- 90,000 (exactly 90,000 � not more not less) for backlogged (pending or approved I-140 applications). Currently, this number is 140,000.
- Remaining possibly goes to new merits system. Until the merits system is ready for accepting petitions, the Y visa holders probably get a shot at this since the clause says �No more than 10,000� � leaving room to let it go up from 10,000 to whatever is left.
and the TEXT of the Bill
�(A) for the first five fiscal years shall be equal to the
33 number of immigrant visas made available to aliens
34 seeking immigrant visas under section 203(b) of this
35 Act for fiscal year 2005, plus any immigrant visas
36 not required for the class specified in (c), of which:
37 (i) at least 10,000 will be for exceptional aliens
38 in nonimmigrant status under section
39 101(a)(15)(Y); and
40 (ii) 90,000 will be for aliens who were the
41 beneficiaries of an application that was pending
42 or approved at the time of the effective date of
43 this section, per Section 502(d) of the [Insert
44 title of Act] ( Act not the bill)
(c) EFFECTIVE DATE.�The amendments made by this section shall take
11 effect on the first day of the fiscal year subsequent to the fiscal year of
12 enactment.
So a bill becomes law only after signed by the president, and the effective date could be Oct 01, 2007 if not Oct 01, 2008.
So all the I-140 filed on of before Effective date are considered as pending!!
I don't know why even lawyers are getting confused here!:confused:
IV needs funds for lobbying efforts
thank you
I am surprised with this thread. There is no Deadline for employemnt based GC (this was mentioned by Sen. Robert (Bob) Men�ndez,NJ when requesting to move the FB deadline which is clearly mentioned in the bill as May 01, 2005) . Please read the summary and text carefully.
Summary:
First five years
Total number of merit-based green cards includes sum of:
a.) First five fiscal years have same number of green cards as made available to EB category in 2005. This number is 246,878.
b.) Any visa number not used by family based category.
How the total number will be divided between Current system and new merit-based system and Y visa holders --
- 10,000 (or more) reserved for exceptional aliens under �Y� visa category.
- 90,000 (exactly 90,000 � not more not less) for backlogged (pending or approved I-140 applications). Currently, this number is 140,000.
- Remaining possibly goes to new merits system. Until the merits system is ready for accepting petitions, the Y visa holders probably get a shot at this since the clause says �No more than 10,000� � leaving room to let it go up from 10,000 to whatever is left.
and the TEXT of the Bill
�(A) for the first five fiscal years shall be equal to the
33 number of immigrant visas made available to aliens
34 seeking immigrant visas under section 203(b) of this
35 Act for fiscal year 2005, plus any immigrant visas
36 not required for the class specified in (c), of which:
37 (i) at least 10,000 will be for exceptional aliens
38 in nonimmigrant status under section
39 101(a)(15)(Y); and
40 (ii) 90,000 will be for aliens who were the
41 beneficiaries of an application that was pending
42 or approved at the time of the effective date of
43 this section, per Section 502(d) of the [Insert
44 title of Act] ( Act not the bill)
(c) EFFECTIVE DATE.�The amendments made by this section shall take
11 effect on the first day of the fiscal year subsequent to the fiscal year of
12 enactment.
So a bill becomes law only after signed by the president, and the effective date could be Oct 01, 2007 if not Oct 01, 2008.
So all the I-140 filed on of before Effective date are considered as pending!!
I don't know why even lawyers are getting confused here!:confused:
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abhisam
07-10 12:52 PM
I am in the same boat..
If we have a gap between the expiry and new EAD card,
we should not work thats for sure,
but wont have any issues of going out of status during the gap?
Are you the primary applicant? My husband is the primary applicant in our case, so i believe we will not have an issue of going out of status.
If we have a gap between the expiry and new EAD card,
we should not work thats for sure,
but wont have any issues of going out of status during the gap?
Are you the primary applicant? My husband is the primary applicant in our case, so i believe we will not have an issue of going out of status.
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chanduv23
09-10 09:51 AM
I ordered the Golf Tee - United colors of IV just now with the 1 to 5 business day shipping option, the second option. As I am planning to drive down Monday evening - I am hopeful that I will get it by then.
I would still recommend that we bring a lot of shirts of various sizes to the rally. People will definitely buy them there.
I would still recommend that we bring a lot of shirts of various sizes to the rally. People will definitely buy them there.
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sanjay02
10-17 02:19 PM
I had a interview in Feb 2009 , keep all the documents ready. Your wife and youself can go at the same time.
1) Marriage certificate( If ur married :-))
2) All your transcripts for your schools
3) Passports
4) H1-B, EAD, AP copies, I-485 receipt # copies.
5) Any other communications you had with USCIS copies of it.
6) W-2 for last 3 yrs( if you have them), pay slips.
7) Employment letter from your employer
8) AC-21 etc.
9) Copies of your utilities bill, mortgage/lease papers.
10) Birth certificate of all applicants.
11) Family photos etc ( optional).
Interview will be in the 2nd floor not more than 20 or 25 mins. Take an lawyer/attorney with you if necessary.
Thnks
1) Marriage certificate( If ur married :-))
2) All your transcripts for your schools
3) Passports
4) H1-B, EAD, AP copies, I-485 receipt # copies.
5) Any other communications you had with USCIS copies of it.
6) W-2 for last 3 yrs( if you have them), pay slips.
7) Employment letter from your employer
8) AC-21 etc.
9) Copies of your utilities bill, mortgage/lease papers.
10) Birth certificate of all applicants.
11) Family photos etc ( optional).
Interview will be in the 2nd floor not more than 20 or 25 mins. Take an lawyer/attorney with you if necessary.
Thnks
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doubleyou
05-20 09:36 AM
I agree that recapture is a big issue, but background check is also another issue that affects many IV members.
It just does not matter if wheter one is a paying member or non paying member, i am sure that there are paying members who are also having same issue.
As a start IV should get a count of members who are in the background check doloop.
It just does not matter if wheter one is a paying member or non paying member, i am sure that there are paying members who are also having same issue.
As a start IV should get a count of members who are in the background check doloop.
amsh
08-22 01:52 PM
I think yes ,if you have a scanned or original copy or the Application number of old I140
kbsyed61
04-23 02:20 PM
June 31?
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