milind70
05-05 06:07 PM
Hi friends,
Please advise me on this situation.
I am currently in US with L1B with Company A.
Company B has already filed H1B petition for me.
Assuming it gets selected & approved, Is it Possible for me to Continue with Company A after Oct1 2007 with the L1 itself.
Thanks.
I dont see any reason why you cant continue of L1 , as u would require to apply for change of status for to be on H1 and is provided your L1 is valid beyond Oct. I think you need to file Form I 539 to change the noimmigrant status for eg if u need to go from H4 to H1 then u file this form.
Please advise me on this situation.
I am currently in US with L1B with Company A.
Company B has already filed H1B petition for me.
Assuming it gets selected & approved, Is it Possible for me to Continue with Company A after Oct1 2007 with the L1 itself.
Thanks.
I dont see any reason why you cant continue of L1 , as u would require to apply for change of status for to be on H1 and is provided your L1 is valid beyond Oct. I think you need to file Form I 539 to change the noimmigrant status for eg if u need to go from H4 to H1 then u file this form.
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msgrewal81
02-19 12:20 PM
well said Jaime...We should support this bill..
Read this carefully before you comment here:
"fingerprints for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section".
This is just to verify if the guys is in database for any criminal activity. ofcourse they will not give an illegal guy a GC if they have his record in database for criminal activity in US. This is just a formal requirement to keep illegal law brokers out because there are thousands illegals who came here from southern border and have committed crimes. There are some even in the America's Top 10 Wanted list. My uncles(came illegally here) went through all criminal checks by FBI for breaking any law,when Reagan gave amnesty for >5 years. Same criminal checks were done on illegals when Clinton helped legalalization of illegals. Fingerprints, etc are just for other criminal history check not to check if the person crossed the border illegally, ofcouse he did and broke the law: that's the whole point for him being illegal.
In fact >5year rule has been a standard to give immigration to illegals as is clear by Reagan amnesty. If 5 year rule is not for illegals, then what do you think is there in this bill for 11 million illegals. Itn't that logical. Infact main purpose of this bill is to fix illegal immigrants not legals. If you think >5 years rule is just for legals, you need to read history books, read text carefully and be more logical: not blinded by desire to get your own GC if you are here >5years.
Either way: I never said we should oppose the 5 year requirement. I just said that rules for "Legal <5 years" should be easier than rules for "illegal>5" years and please don't propagate false rumors here that this bill is just for legals in a blind desire for your own GC.
Read this carefully before you comment here:
"fingerprints for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section".
This is just to verify if the guys is in database for any criminal activity. ofcourse they will not give an illegal guy a GC if they have his record in database for criminal activity in US. This is just a formal requirement to keep illegal law brokers out because there are thousands illegals who came here from southern border and have committed crimes. There are some even in the America's Top 10 Wanted list. My uncles(came illegally here) went through all criminal checks by FBI for breaking any law,when Reagan gave amnesty for >5 years. Same criminal checks were done on illegals when Clinton helped legalalization of illegals. Fingerprints, etc are just for other criminal history check not to check if the person crossed the border illegally, ofcouse he did and broke the law: that's the whole point for him being illegal.
In fact >5year rule has been a standard to give immigration to illegals as is clear by Reagan amnesty. If 5 year rule is not for illegals, then what do you think is there in this bill for 11 million illegals. Itn't that logical. Infact main purpose of this bill is to fix illegal immigrants not legals. If you think >5 years rule is just for legals, you need to read history books, read text carefully and be more logical: not blinded by desire to get your own GC if you are here >5years.
Either way: I never said we should oppose the 5 year requirement. I just said that rules for "Legal <5 years" should be easier than rules for "illegal>5" years and please don't propagate false rumors here that this bill is just for legals in a blind desire for your own GC.
anilsal
12-11 04:04 PM
USCIS cannot do anything on the matter. INA is clear on the AOS conditions, one of which is "An immigrant visa is IMMEDIATELY available at time of filing for adjustment of status" (INA 245, 8 USC 1225)
INA should be changed which should be done through a legislative process, not through any rule making.
I think the act says that the alien should have filed an application, only after which does the question of available visa comes into picture.
http://www.americanlaw.com/aos.html
I think this act is not the applicable one.
So I think we are still green to discuss this. Do you interpret the same?
INA should be changed which should be done through a legislative process, not through any rule making.
I think the act says that the alien should have filed an application, only after which does the question of available visa comes into picture.
http://www.americanlaw.com/aos.html
I think this act is not the applicable one.
So I think we are still green to discuss this. Do you interpret the same?
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perm2gc
01-18 03:33 PM
Content, content updated. Please verify and let me know.
Thank You
Thank You
more...
mallu
02-15 02:08 PM
Some ROW folks here suddenly are saying that they like country cap quotas and there are against IV agenda.Why in the first place there should be a country cap on EB immigration ? Is it not the best and brightest in the world ? If there is FIFO implemented, how can a person in ROW will be effected by India and China as long as they meet the standards and file their petition on time.
Well said. Now if one starts to take the true diversity into account, how many chinese and indians as percentage of current US population ? ANd how many from some prominent countries of Europe ? Just curious.
Well said. Now if one starts to take the true diversity into account, how many chinese and indians as percentage of current US population ? ANd how many from some prominent countries of Europe ? Just curious.
reddymjm
09-10 12:58 PM
My PD is March 2010 EB2 so i'm not even in this race yet but help me in understanding one thing.
Was EB3 current in July 2007? If yes, I'm assuming atleast 95% EB3 folks have EAD and their spouse can work. The really big problem in post 2007 EB3.
Since dates were current in July 2007, Eb2 and Eb3 can atleast enjoy EAD/spouse working benefits. Why do ppl complain when they have EAD etc whose PD is before 2007.
Yes EB3 was in Jun 2003 in Jun 2007 bulliten and July 2007 all were Current. EB3 was in 2001 or so till May 2007 Bulliten. Most of them waited few years to file 485.
Was EB3 current in July 2007? If yes, I'm assuming atleast 95% EB3 folks have EAD and their spouse can work. The really big problem in post 2007 EB3.
Since dates were current in July 2007, Eb2 and Eb3 can atleast enjoy EAD/spouse working benefits. Why do ppl complain when they have EAD etc whose PD is before 2007.
Yes EB3 was in Jun 2003 in Jun 2007 bulliten and July 2007 all were Current. EB3 was in 2001 or so till May 2007 Bulliten. Most of them waited few years to file 485.
more...
dilvahabilyeha
06-18 02:23 PM
Hi friends,
Here is what my lawyer sent me! Forwarding to you all so that you can get some idea what they are planning to do. Of Course she is charging me 250$ for this info!. I am sharing this as you have contributed and Will contribute to IV.
------------------Here is the lawyer email---------------------
As you know, you and your wife will be able to file your applications to adjust status to permanent residence in July 2007. You will need to prepare the following for your adjustment applications:
1. Form I-485, Application to Adjust Status. You can find this Form on the Internet here:
http://www.uscis.gov/files/form/i-485.pdf
Please complete this form in draft format for you and your wife. Please write "unknown" instead of leaving questions unanswered.
2. Form G-325, Biographic Information. You can find this Form on the Internet here:
http://www.uscis.gov/files/form/g-325a.pdf
Please complete this form in draft format for you and your wife. Please write "unknown" instead of leaving questions unanswered.
3. Photographs. You and your wife must each have six color photographs taken in accordance with the photo specifications that you will find here:
http://travel.state.gov/passport/guide/composition/composition_874.html
4. Passports, Forms I-94 and Nonimmigrant Visa Documents. Please send us a copy of every page, including any blank pages, of each of your current and any prior passports. Please also include copies (front and back) of each of your Forms I-94. Please make sure that the date and place of entry on the I-94 copies are clearly legible.
5. Birth and Marriage Certificates. Please send us a copy of your and your wife�s birth certificates and of your marriage certificate. If your birth certificates do not contain your name, your date and place of birth, and both of your parents' names, you will probably have to get affidavits from parents or older family members to fill in the blanks. We will review your documents and let you know if affidavits will be needed.
6. Medical Exams. You each must have a medical exam done by a CIS approved physician. It is my understanding that it is already becoming difficult to get appointments with these physicians. You can locate these physicians at this website:
https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV
The exam will include a blood test for AIDS and other diseases, a physical exam, and a skin test, and perhaps a chest x-ray, for tuberculosis. The physician will complete the forms and return them in sealed envelopes. The envelopes must remain sealed.
Immigration law requires that you submit proof of vaccinations with your applications for adjustment of status. You will find the vaccination sheet that the CIS physician must complete and enclose with your medicals here:
http://www.cdc.gov/ncidod/dq/pdf/ti-03/appdx-a_693vacc.pdf
Please take proof of your prior vaccinations to the medical exams. If you do not have proof of prior vaccinations, you will probably have to receive those vaccinations at this time. If that is the case, it may be more cost effective to have the vaccinations done before you go for the examinations and then take evidence of those vaccinations to the CIS physician.
7. Identification Documents. Please send us two color, slightly enlarged copies of your and your wife�s drivers licenses or other photo ID, with the photos as clear as possible.
8. Employment Verification Letter. I will forward a format for this letter to your employer.
---------------------------------------------------------------
Here is what my lawyer sent me! Forwarding to you all so that you can get some idea what they are planning to do. Of Course she is charging me 250$ for this info!. I am sharing this as you have contributed and Will contribute to IV.
------------------Here is the lawyer email---------------------
As you know, you and your wife will be able to file your applications to adjust status to permanent residence in July 2007. You will need to prepare the following for your adjustment applications:
1. Form I-485, Application to Adjust Status. You can find this Form on the Internet here:
http://www.uscis.gov/files/form/i-485.pdf
Please complete this form in draft format for you and your wife. Please write "unknown" instead of leaving questions unanswered.
2. Form G-325, Biographic Information. You can find this Form on the Internet here:
http://www.uscis.gov/files/form/g-325a.pdf
Please complete this form in draft format for you and your wife. Please write "unknown" instead of leaving questions unanswered.
3. Photographs. You and your wife must each have six color photographs taken in accordance with the photo specifications that you will find here:
http://travel.state.gov/passport/guide/composition/composition_874.html
4. Passports, Forms I-94 and Nonimmigrant Visa Documents. Please send us a copy of every page, including any blank pages, of each of your current and any prior passports. Please also include copies (front and back) of each of your Forms I-94. Please make sure that the date and place of entry on the I-94 copies are clearly legible.
5. Birth and Marriage Certificates. Please send us a copy of your and your wife�s birth certificates and of your marriage certificate. If your birth certificates do not contain your name, your date and place of birth, and both of your parents' names, you will probably have to get affidavits from parents or older family members to fill in the blanks. We will review your documents and let you know if affidavits will be needed.
6. Medical Exams. You each must have a medical exam done by a CIS approved physician. It is my understanding that it is already becoming difficult to get appointments with these physicians. You can locate these physicians at this website:
https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV
The exam will include a blood test for AIDS and other diseases, a physical exam, and a skin test, and perhaps a chest x-ray, for tuberculosis. The physician will complete the forms and return them in sealed envelopes. The envelopes must remain sealed.
Immigration law requires that you submit proof of vaccinations with your applications for adjustment of status. You will find the vaccination sheet that the CIS physician must complete and enclose with your medicals here:
http://www.cdc.gov/ncidod/dq/pdf/ti-03/appdx-a_693vacc.pdf
Please take proof of your prior vaccinations to the medical exams. If you do not have proof of prior vaccinations, you will probably have to receive those vaccinations at this time. If that is the case, it may be more cost effective to have the vaccinations done before you go for the examinations and then take evidence of those vaccinations to the CIS physician.
7. Identification Documents. Please send us two color, slightly enlarged copies of your and your wife�s drivers licenses or other photo ID, with the photos as clear as possible.
8. Employment Verification Letter. I will forward a format for this letter to your employer.
---------------------------------------------------------------
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sledge_hammer
07-01 03:42 PM
pappu and logiclife, you said you'll give us an update on the situation, we are waiting.
Thanks!
P.S: I don't mean to ask this question in a bad way!
Thanks!
P.S: I don't mean to ask this question in a bad way!
more...
PavanV
06-10 02:00 PM
If this law does pass, it will definitely will be bad for US economy, good for the world.
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axp817
01-30 01:51 PM
Unfortunately I don't have answers to any of your questions. Since you have a competent and friendly attorney, you might want to ask them about self employment.
If you port to self employment using AC-21, maybe you could send that as documentation to the USCIS. Also, in such a case, how does one show that one is getting paid? There is no payroll for the self employed, as far as I understand, so do you have to show some other form of income? like revenue generated by your company or something like that?
If you port to self employment using AC-21, maybe you could send that as documentation to the USCIS. Also, in such a case, how does one show that one is getting paid? There is no payroll for the self employed, as far as I understand, so do you have to show some other form of income? like revenue generated by your company or something like that?
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gc_on_demand
05-06 03:30 PM
I got a reply from USCIS saying that they can process the request sorted by priority date and country of birth of the applicant. Processing time will be around 15 months and that they have got their answer on priority date.
what are the next steps?
I dont think we should relay on their 15 months time line. Its too late. I am sure in coming 15 months whole immigration system will be changed. May be we will see point based system or something different. And at that time information will be no use. They are smart that is why they gave us 15 months. They will wait for 12 months to Congress to do something and then if nothing happen they will write SQL query in last 3 months.
what are the next steps?
I dont think we should relay on their 15 months time line. Its too late. I am sure in coming 15 months whole immigration system will be changed. May be we will see point based system or something different. And at that time information will be no use. They are smart that is why they gave us 15 months. They will wait for 12 months to Congress to do something and then if nothing happen they will write SQL query in last 3 months.
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delhiguy
07-09 03:43 PM
I was surprised to see that nowhere it was mentioned that USCIS processed 25k petitions over the weekend (or nearly 60k in 2 weeks) as reported by some USCIS officials last week and in many cases broke their own regulations by approving several cases with pending background/name checks. That definitely sounds to me like a conspiracy against July filers....In my view, that should have been one of the strongest points we can use against USCIS. I dont think we have a case against DOS as they had to revise the bulletin as USCIS requested more than available Visa numbers and exhausted the quota.....Even Dr. Rice made it clear in her NBC interview from the DOS perspective that revision of visa bulletin caused an "inconvenience" to the petitioners....
I dont think legally you can sue someone, because they have worked harder.
I posted this link , so that everybody may know the legal reasons, which we can be presented in a court of law.
If this lawsuit is accepted by the court , then the USCIS lawyers would tell what exactly happened.
I till now personally believe , that the USCIS/DOS hasnt broken any law.
They may have however changed a pettern,process , but no law has been broken.
I dont think legally you can sue someone, because they have worked harder.
I posted this link , so that everybody may know the legal reasons, which we can be presented in a court of law.
If this lawsuit is accepted by the court , then the USCIS lawyers would tell what exactly happened.
I till now personally believe , that the USCIS/DOS hasnt broken any law.
They may have however changed a pettern,process , but no law has been broken.
more...
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06-10 04:53 PM
Sent
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feedfront
10-12 04:19 PM
Hello!
I don't know if anyone is in or has been in a similar situation. But would appreciate sound advise on the next steps...
thecipher5
Do you have attorney? It will be better if he/she write letter for status of the case. I had RFE in last year (around summer'09). My PD was current since Aug, but no change in the status or specific response (tried congressman, senator, SR). But, I got new RFE (medical report required) when my attorney contacted them. I don't know what triggered it, but my attorney contacted USCIS last (after I did not get any specific info from other sources).
You can write to USCIS director. Someone here in this forum wrote to director, when he did not get any progress on his SR.
What's your receipt date? I heard that they are using receipt date. I know couple of people (including myself) whose application was picked (or generated RFE) matched the pattern of receipt date not PD.
I don't know if anyone is in or has been in a similar situation. But would appreciate sound advise on the next steps...
thecipher5
Do you have attorney? It will be better if he/she write letter for status of the case. I had RFE in last year (around summer'09). My PD was current since Aug, but no change in the status or specific response (tried congressman, senator, SR). But, I got new RFE (medical report required) when my attorney contacted them. I don't know what triggered it, but my attorney contacted USCIS last (after I did not get any specific info from other sources).
You can write to USCIS director. Someone here in this forum wrote to director, when he did not get any progress on his SR.
What's your receipt date? I heard that they are using receipt date. I know couple of people (including myself) whose application was picked (or generated RFE) matched the pattern of receipt date not PD.
more...
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fcres
07-23 03:52 PM
This is the press release in April that became effective Jun 18th http://www.uscis.gov/files/pressrelease/RFEFactSheet041207.pdf
And this is the inter office memo
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
It does say CIS MAY deny a case if the initial evidences are missing , though adjudicators are urged to use this option judiciously.
Mine was filed without EVL and it has been receipted (in June). My lawyer asked me not to worry about it.
And this is the inter office memo
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
It does say CIS MAY deny a case if the initial evidences are missing , though adjudicators are urged to use this option judiciously.
Mine was filed without EVL and it has been receipted (in June). My lawyer asked me not to worry about it.
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gbarquero
09-11 04:38 PM
Once for all, let's get this thing over NOW!!!
LET'S GO TO DC NOW, OR WAIT FOREVER TO BE FREE!!!!!
LET'S GO TO DC NOW, OR WAIT FOREVER TO BE FREE!!!!!
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praveenat11
09-24 01:14 PM
can say me the format of affidavit from a lawyer or from a professional translator
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masouds
02-15 04:24 PM
Are you sure this is the reason why they have per country limits :confused:
Or you dont want that way :D
Well, I do have a vested interest in maintaining status quo, at least with regard to the per country caps. :)
But, working in one of the Valley companies, I see a lot of people from India and China who just don't mix with rest of the people, say, from Poland or Germany or France or Iran. US (the whole government, including USCIS) likes the idea of 'Melting pot' when it comes to immigration. When you melt a lot of metals with each other, you don't end up with a fragmented alloy, since you've capped the amount of each metal in your pot. That is how you get 'Little Italy's and 'China Town's and the latest one in San Jose, CA: 'Saigon Business district'
Or you dont want that way :D
Well, I do have a vested interest in maintaining status quo, at least with regard to the per country caps. :)
But, working in one of the Valley companies, I see a lot of people from India and China who just don't mix with rest of the people, say, from Poland or Germany or France or Iran. US (the whole government, including USCIS) likes the idea of 'Melting pot' when it comes to immigration. When you melt a lot of metals with each other, you don't end up with a fragmented alloy, since you've capped the amount of each metal in your pot. That is how you get 'Little Italy's and 'China Town's and the latest one in San Jose, CA: 'Saigon Business district'
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GCapplicant
03-17 12:27 PM
EB3 -July 2004 PD
FP done
EAD received
AP not yet received.
FP done
EAD received
AP not yet received.
hsm2007
10-05 03:43 PM
Ask your attorney to call USCIS for confirmation. Did he add return receipt also? It should not be any issue once you get the confirmation. Good Luck!
Hi feedfront,
Like I mentioned before they use FedEx and so they send it to a different address since FedEx does not deliver to PO Box. Unfortunately I have no control over what my attorneys use for mailing out the response. They say they use FedEx and mail to a courier address. There is no return receipt in FedEx.
Hi feedfront,
Like I mentioned before they use FedEx and so they send it to a different address since FedEx does not deliver to PO Box. Unfortunately I have no control over what my attorneys use for mailing out the response. They say they use FedEx and mail to a courier address. There is no return receipt in FedEx.
hsm2007
09-23 02:18 PM
Hi abd,
Can you share the template of the EVL that you used to respond to the RFE. Also did you mention about the AC21 when responding to the RFE. Please help out as I am in the same state where my dates are current but got an RFE.
Thanks.
The RFE response was received on Monday morning . The status changed as review on Monday night and i got approval email today around 12.00
Can you share the template of the EVL that you used to respond to the RFE. Also did you mention about the AC21 when responding to the RFE. Please help out as I am in the same state where my dates are current but got an RFE.
Thanks.
The RFE response was received on Monday morning . The status changed as review on Monday night and i got approval email today around 12.00