Wednesday, June 29, 2011

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  • milind70
    08-07 08:32 AM
    Hi Guys,
    I don't know if this is already posted... Here is my situation...
    I had applied for 485 in July with Future Employer in EB3.
    After 6 months, I want to port the application to my existing employer. At that time, is it possible to convert the application from EB3 to EB2 using AC21 portability??
    Any help is appreciated!!!

    I dont think u can convert from EB3 to EB2 and AC21 are two different things.
    AC21 is for chnaging employers after filing AOS and is pending for more than 180 days.





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  • gkp.gaurav
    07-13 09:37 AM
    Very very clever. This one is my personal favorite...Great job!

    :hugegrin:

    Thanks MagicFlasher and FrostBite :)





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  • guest_?
    08-12 09:04 PM
    I have been trying to access the mexico visa appointment website at http://visa-usa.com.mx but it is not available for the past fortnight. Is it down or has it changed to a new website. Could please someone let me know. Thanks for your help.





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  • jasmin45
    07-22 07:42 PM
    Hi my wife is missing her birth certificate can i aplly with all the rest of the documents and send it in later beacause it can take some time to find it in russia or any other suggestions thanks
    Affadivit for Birth certificates from parents will be fine. you must have 2 affadivits for the missing birth certificates stating the reason for non availability of birth certificates, person's relationship with the applicant and the circumstances for knowledge of birth. It is always advisible to provide additional documents like school leaving certificates etc.. as proof of birth date, place and parents names along with affadivit to substantiate the evidance in support for missing birth certificate.



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  • hsingh82
    02-03 12:06 AM
    Hello,

    My labor got approved couple days ago and my employer would like to file I-140 without using an attorney. I have few questions, it might seem simple to you but I am confused:

    I am a software engineer and labor approved for SOC 15-1032, what should be filled in the nontechnical description of job field? For H1B, my company listed duties of the position on the cover letter for this question, should it be the same way for I-140?

    Anyone has sample template of the cover letter?


    My company has not filed tax returns for the last quarter, will the returns of second last quarter do? I have W-2 which is substantially higher than the proffered wage.
    Since I am earning more than the proffered wage should that be filled under "wages" on I-140 or the offered wage mentioned on perm?


    Thanks and appreciate all replies.





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  • Robin Hood: Prince of Thieves



  • nishant_u
    03-15 07:00 PM
    I am currently employed by a large US-based multinational firm on an H-1B visa. My 6 year limit on H1 expires on Nov 27, 2011.

    My employer filed Labor Certification for my employment-based Green Card (EB2) over a year ago (on March 1st, 2010).

    Since it has been more than a year since Labor has been filed, I am assuming my employer can file for a 1-year extension to my H-1B visa 6 months before it expires (that is on June 27th, 2011). Also, in the meantime, if my Labor and subsequent I-140 are approved, I am assuming my employer can file for 3-year extension to my H-1B.

    Question 1: Are these assumptions above correct?

    Question 2: Can I quit my job and join another firm after the 1 or 3 year extension is granted? That is will another employer be able to file an H1 petition on my behalf for the extended H1 period (that is beyond 6 years) - even though the extension was granted because of a Labor Certification filed by the previous employer?

    I plan to get married to an American Citizen in September. Once I get married, I will obviously file for a marriage-based green card.

    Question 3: Given the above, can I quit my job and join another firm now (before my H1 extension is filed)? What are my risks?

    If I do stay with my current employer - once I get married, I am assuming that I can file for my marriage based green card (form I-130) and adjustment of status (I-485) concurrently.

    Question 4: Is the above assumption correct?

    Question 5: Can I also file for EAD concurrently with my I-485? How soon can I expect to leave my current employer and take up a job based on the EAD / marriage-based green card?

    Appreciate any guidance.

    Thanks



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  • Robin Hood: Prince of Thieves



  • gc_maine2
    08-03 07:22 AM
    I am now applying for AP renewal this week, Thats exactly my conclusions from the instructions. There are lot of experts in the forum, who can give you a right answer.


    Hi,

    I am currently in India.

    My Status:
    Jobless
    AP expires on August 10th 2010. Applied for AP extension since April 30th 2010. My AP extension hasn't arrived yet.

    Question:
    There is no way I can travel back to US before August 10th. As per what I heard, a newly issued AP cannot be used to reenter the U.S. if it was not valid as of the date of departure form the U.S. IS this correct?

    thanks!





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  • mmanurker
    09-24 07:20 PM
    Hi,

    I would like to know that can I apply for EAD extension for me and my wife since my I-140 application was denined last year. We have already appeal for decision on I-140 application to AAO office. I am intend to get my wife's EAD extended by year end.

    Thanks for your time reading this thread.

    Is your 485 also denied? Most of the times when ever 140 is denied then the underlying 485 also gets denied and if that is the case then you cannot apply or extend for EAD or AP until your appeal is pending with AAO. I may be wrong so consult an attorney.

    BTW....did you consult the attorney? If yes, what did they tell you?



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  • ROBIN HOOD PRINCE OF THIEVES



  • meridiani.planum
    04-07 12:11 PM
    Are there any risk factors involved in changging the job by invoking AC21 ??

    its not any more or less risker than someone who is not married or whose spouse has already filed 485 (ie. your special case makes no difference to your using AC-21): only thing to consider is: what visa is your wife on, if H4, then you must change jobs using H1. You will need to stay on H1 until your PD is current and your wife is able to file her 485.





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  • green_4545
    03-07 10:26 AM
    My current title is Software engineer and my company is promoting me to Senior Software Engineer. I am on H1 and have filed I-485 in last July and also have approved I-140. This is just the title change and my duties will be same.

    (1) Does my company need to file H1 amendment to keep me on H1 or do I have to necessarily switch to EAD?

    (2) Does anything changes with respect to GC process?

    (3) Do I need to have any specific paper work from the my company that job duties are same?

    Any help is greatly appreciated.



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  • EB-VoiceImmigration
    08-29 06:15 AM
    I suggest to go with extension. U can file for extension 6 months before the expiry of H1. so Apply in next month (if applying in regular) or in oct or nov (if applying in premium). Passport expiry may not be an issue for extension.

    In my case, i have applied for extension(in regular process) 5 months before existing H1 expiry, where as my passport is just valid for 2 months after existing H1 expiry date. Didn't face any issues in getting approval.

    May be u need to check with Attorney for one scenario where due to RFE if the extension is pending beyond 5 or 6 months..

    Based on my experience I'm suggesting this.. better check attorney or experts also.





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  • mmandal
    06-11 11:38 AM
    Guys,

    Can someone please let me know whether it is possible / advisable to travel while H1 approval is pending?

    She is currently in H4 with a valid stamp in her passport. She filed for her H1 and was selected in lottery. She has a receipt but her approval is pending.

    We were interested in making a short trip to India before Oct 1. But the consulting firm advised against it as according to them if she re-enters in H4 (even before Oct 1) while her H1 approval is pending, her H1 application will be cancelled and she has to restart the process all over again. Something to do with the last status on re-entry.

    My thoughts are: The change of status will be effective Oct 1, 2008, why would it matter if I travel prior to that date?

    A lot of you may have experienced the same dilemma, so please let me know...

    thanks.



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  • sdrblr
    05-02 09:33 PM
    you are nobody to the middle vendor and he has no contract or anything with you. Whether he pays your employer or not is none of your business... it is for those two to figure out.

    Legally your employer has to pay you whether he is getting paid or not. If you want that $$$ complain against your employer before he closes the shop and files bankruptcy.





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  • viveckj99
    10-02 03:15 PM
    Hi,
    I am still waiting for I 485 RN,my lawyer filed on July 16.It was recieved by R Pitcher at Nebraska.
    vivek



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  • sam_hoosier
    04-07 11:19 AM
    Just fillout a new I-9 form and give to your employer.





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  • sidbee
    10-21 11:25 AM
    Hi,
    Apologies for any inconvenience caused by this thread.
    Does 1 require a UK Visa if they are travelling on British Airways? As i have my parents travelling from India to USA on British Airways(they have Multiple B1/B2 US Visa)..
    Spoke to BA &they advised me to speak to UK Consulate.:(
    Any info be helpful.
    Thnx

    You need a UK Transit Visa only if you don't have a valid USA VISA stamped in the passport.
    My Parents always use BA, and they never take a UK transit visa.

    But if i use BA to visit India, in the near future i would be taking a transit visa, as my H1 Visa on the passport has expired (Using H1 Extension Approval right now)



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  • msp1976
    11-09 01:04 PM
    The Ombudsman,


    The illegal immigration is a very complex subject. Who , what how created illegal immigration would be a matter of debate.

    This organization does not have a stated position on illegal immigration. The american people have to go through their own process to deal with that.

    This organization's goal is to concentrate on the High skilled immigration and the delays associated with high skilled immigration. We have limited resources and we have to maintain the narrow focus and not get lost in the larger picture..

    I hope this brings this discussion to close..I consider it closed...





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  • krishmunn
    10-17 01:30 PM
    First thing you need to understand is there is nothing called sponsoring a visa. You are basically saying that you will pay for their trip.
    If they have enough fund, it is better if they say that they will pay for the trip themself.
    As for other documents establishing ties, VO mostly does not ask for additional docs. They rely heavily on what is written in DS-160 and on the interview. If they have other children in India, it is best to carry a family photograph. Also, ask them to answer to the point ... who is in India, who is in US, what they do, etc.

    Good luck





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  • padraico
    03-09 04:33 PM
    hi, do u think its likely i can get my i-94# from 12 years ago if i file i-102, i have old stamp and passport, but would they still have a record? thanku





    JazzByTheBay
    12-13 05:34 PM
    It'd be great to get some more IVians to express their opinions/ideas and vote on this thread:
    http://immigrationvoice.org/forum/showthread.php?p=205773#post205773

    The idea being bounced around is whether IV should be made an organization funded by membership dues, and benefits provided to members only.

    The benefits:
    - Logistics: Members identified/verified, not anonymous
    - Communication: Improved one-to-one communication rather than hunting for information in forums. Perhaps even a newsletter updating you on what's going on, what's being planned, what are the activities.. and action items.
    - Funding: Sustainable funding for lobbying efforts, media relations, etc.
    - Live Nag-Free! No one asks you what you've contributed in every second post, you don't have to wear the ID tag of your contribution amount around your neck to prevent such questions
    - Community: Be part of a community with a national presence, with local chapters.
    - Legal advice: Get free legal advice in monthly/quarterly/periodic conf calls/webinars
    - Jobs: Job postings or referrals on IV members-only site
    - Business opportunities: Come together with other IV members to explore common business opportunities
    - Myriad other benefits that memberships in professional organizations come with, such as travel discounts for instance.

    The down-side:
    - We may lose about half of our "members"
    - Others???

    Voice your opinions, share your ideas, and vote FOR or AGAINST this proposal here... :
    http://immigrationvoice.org/forum/showthread.php?p=205773#post205773

    PLEASE DON'T LEAVE COMMENTS ON THIS POST...

    cheers!
    jazz





    eswaraprasad73
    04-10 08:52 AM
    ok thanks



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