uma001
10-16 09:35 AM
Friends,
I'm in a position where I have to file for I-140 again. In short, my company was purchased and I had to refile I-140 under the new company's name. Since the new company does not pay for Premium processing, I'll have to shell out the Premium processing fee from my pocket.
I need your honest opinion as to whether I must file with premium or regular? My PD: is June 2007.
I appreciate all your comments!
What is the cost for premium processing
I'm in a position where I have to file for I-140 again. In short, my company was purchased and I had to refile I-140 under the new company's name. Since the new company does not pay for Premium processing, I'll have to shell out the Premium processing fee from my pocket.
I need your honest opinion as to whether I must file with premium or regular? My PD: is June 2007.
I appreciate all your comments!
What is the cost for premium processing
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horus
10-25 10:17 AM
The online status of your H1 petition is irrelevant when you obtain a SSN card. If the SS people are making it a problem, what they are doing is ILLEGAL. They probably lack essential training for a SS employee. They should accept the notice you show them as proof of approval. If they do not, they are supposed to accept your application for a SS card pending further verification, where they manually contact USCIS and verify your approval (through electronic SAVE, or traditional SAVE forms).
If they refuse, demand to ask for a supervisor, and explain that online statuses sometimes never get updated because USCIS is not required to do so.
If they refuse, demand to ask for a supervisor, and explain that online statuses sometimes never get updated because USCIS is not required to do so.
I_need_GC
07-25 04:07 PM
Hi,
I'm looking for some answers for my wife's visa issues. I'm on H1B (valid until 2010) and she is on OPT (Valid until Dec 20 2008. F-1 visa expired May 2008). My PERM labor is in process and we hope to file for I 140 and I 485 and EAD concurrently by September/ October 2008. My lawyer says that we can file concurrently because my wife's country of birth is in Europe.
Now the questions:
1. Is it okay for my wife to apply for EAD based in I 485 while on OPT with expired F-1 visa? Is there a requirement that wife has to be on H-4 to apply for EAD based on husband's GC application?
A. Singh
She can apply for adjustment of status EAD I-485 she does not need to have H4 to apply for adjustment under you. She is not out of status because he status in the US is currently OPT even thoug the visa itself might have expired on the passport.
2. Also read on some forums that Wife's F-1 OPT will be invalidated as soon as her I 485 application is recieved. Is this true?
A. Singh
It will not be invalidated. Her status will change from F1 to Adjustment of status. You can legally stay in the US while your I-485 is pending and travel using AP or work using EAD.
3. EAD approval takes 3-4 months on average. So if she doesn't recieve her EAD approval by December 2008 (Dec 20 2008 her OPT expires) she will be out of status. Should we apply for H-4 so that she doesn't become out-of-status?
A. Singh
In my opinion you don't need H4, but to be safe in case the I-485 gets denied then she will be out of status. Legally she can stay in the US while her I-485 is being processed that is one of the benefits of I-485.
4. We expect that her EAD approval will come by Jan/ Feb 2009. There is a 2 month gap provision that foreign nationals sometimes use to change their status. Is it a safe bet to avoid getting her on H-4 and use the 2 month gap period?
A. Singh
Yes the 2 month gap provision called 245q protects you against 2 month of illegal work or stay. But in my opinion she will not be out of status in this situation after filing I-485.
4. How much does applying for H-4 cost? I'm simply expecting a range of sorts.
Thanks,
A. Singh
I don't know the current fee you can check the uscis website.
I'm looking for some answers for my wife's visa issues. I'm on H1B (valid until 2010) and she is on OPT (Valid until Dec 20 2008. F-1 visa expired May 2008). My PERM labor is in process and we hope to file for I 140 and I 485 and EAD concurrently by September/ October 2008. My lawyer says that we can file concurrently because my wife's country of birth is in Europe.
Now the questions:
1. Is it okay for my wife to apply for EAD based in I 485 while on OPT with expired F-1 visa? Is there a requirement that wife has to be on H-4 to apply for EAD based on husband's GC application?
A. Singh
She can apply for adjustment of status EAD I-485 she does not need to have H4 to apply for adjustment under you. She is not out of status because he status in the US is currently OPT even thoug the visa itself might have expired on the passport.
2. Also read on some forums that Wife's F-1 OPT will be invalidated as soon as her I 485 application is recieved. Is this true?
A. Singh
It will not be invalidated. Her status will change from F1 to Adjustment of status. You can legally stay in the US while your I-485 is pending and travel using AP or work using EAD.
3. EAD approval takes 3-4 months on average. So if she doesn't recieve her EAD approval by December 2008 (Dec 20 2008 her OPT expires) she will be out of status. Should we apply for H-4 so that she doesn't become out-of-status?
A. Singh
In my opinion you don't need H4, but to be safe in case the I-485 gets denied then she will be out of status. Legally she can stay in the US while her I-485 is being processed that is one of the benefits of I-485.
4. We expect that her EAD approval will come by Jan/ Feb 2009. There is a 2 month gap provision that foreign nationals sometimes use to change their status. Is it a safe bet to avoid getting her on H-4 and use the 2 month gap period?
A. Singh
Yes the 2 month gap provision called 245q protects you against 2 month of illegal work or stay. But in my opinion she will not be out of status in this situation after filing I-485.
4. How much does applying for H-4 cost? I'm simply expecting a range of sorts.
Thanks,
A. Singh
I don't know the current fee you can check the uscis website.
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MatsP
January 30th, 2006, 08:22 AM
DMT: I couldn't agree more, magazines write differences up or down to make a point - and of course none of us would actually read a magazine where they tested three competing models of DSLR's and the article said "They are all good, just buy any and you'll be happy" - we want them to say that one of them is the best and that the others are ranging from so-so to absolute rubbish [althouhg I probably couldn't tell the difference]. I've had the same discussion on other subjects of magazine articles. Also look at which brand advertizes more and less in a magazine. The journalist working for a magazine MAY not want to upset the biggest advertiser. Further, they need to get "Free test samples". In a motorcycle magazine, one model of Triumph was written down quite badly. Triumph wrote to the publisher and said essentially "If you don't write better about the next bike we lend to you, we will not give you bikes for tests in the future".
Back to the subject, however: It's important to know what YOU are looking for in a camera. What sort of photos/occasions are you intending to photograph: sports, nature, family & friends, outdoors, indoors, close-up or far away, etc, etc?
--
Mats
Back to the subject, however: It's important to know what YOU are looking for in a camera. What sort of photos/occasions are you intending to photograph: sports, nature, family & friends, outdoors, indoors, close-up or far away, etc, etc?
--
Mats
more...
permfiling
10-13 04:40 PM
What is the URL for checking the PERM case status?
brasil
07-29 07:20 PM
I’m a legal immigrant, I140 approved and on EB3 waiting list, priority date 04/2006. I need to renew my valid SC driver's license that will expire on 08/15/2010. Went to SC DMV today and they confiscated my valid SC drivers license card, issued a sheet of paper (Letter size) with letter head "Temporary driver's license card" without photo on it. This "document" is only valid in SC. This means that I cannot travel outside SC and May take up to 60 days to re-issue my SC DL card. I'm a professional electronic engineer and my work requires to travel outside the SC state. Why do I need to be punished? Just because I am a foreigner! This is an interesting story where the SC and other states illegal Immigration Reform Act is affecting legal immigrants very badly. Is all about illegal immigrants or there is a growing xenophobia in the USA? If you are a foreigner but legally in this country you are consider guilty until proven innocent? Or all immigrants are consider illegal?
more...
funny
07-18 05:22 PM
I have never heard this before. Good Luck to you.
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pappu
12-05 09:36 PM
I bet they won't let a VB programmer in!!!
You mean Visa Bulletin programmer?
You mean Visa Bulletin programmer?
more...
la6470
06-03 09:45 PM
Refer to Page 5 of Neufled Memo (http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf)
It shows self employment and H1B cannot prove employer-employee relationship.
>>If so, H1B visa requires proof of salary, whereas owners in an LLC cannot be employed by the LLC. Any ideas on how to solve this paradox?
My understanding after reading Nolo's LLC guide is that when you file LLC, if you don't state who will be Members and Managers. then everyone by default will be Members and Managers. If you are going to work, then you should be stated as Manager in Operating agreement.
He can do whatever he damn well wants to do .. I totally applaud him/her if he is making 300K a year and my advice to him/her is that you should not care wether you have a h1b or not, GC or not etc. Just make sure that you deposit your earnings in swiss banks and whenever USCIS throws you out show them the middle finger and go live in Aruba,. We are all ballless human being if we try to play by the rules of this game of discrimination. My advice is "Go Grab whatever you can"
It shows self employment and H1B cannot prove employer-employee relationship.
>>If so, H1B visa requires proof of salary, whereas owners in an LLC cannot be employed by the LLC. Any ideas on how to solve this paradox?
My understanding after reading Nolo's LLC guide is that when you file LLC, if you don't state who will be Members and Managers. then everyone by default will be Members and Managers. If you are going to work, then you should be stated as Manager in Operating agreement.
He can do whatever he damn well wants to do .. I totally applaud him/her if he is making 300K a year and my advice to him/her is that you should not care wether you have a h1b or not, GC or not etc. Just make sure that you deposit your earnings in swiss banks and whenever USCIS throws you out show them the middle finger and go live in Aruba,. We are all ballless human being if we try to play by the rules of this game of discrimination. My advice is "Go Grab whatever you can"
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eb3retro
06-30 05:37 PM
eb3retro,
Did u change employers on EAD? or H1b transfer?
on EAD..
Also when you renewed EAD & AP:
1. Did you do it yourself? or did u have your new employer do it?
2. Did u get any RFE's when you renewed your EAD/AP well after you switched employers. (I assume you changed addresses in this process).
thx
1) did it myself..
2) yep i changed address, no rfes for anything..
Did u change employers on EAD? or H1b transfer?
on EAD..
Also when you renewed EAD & AP:
1. Did you do it yourself? or did u have your new employer do it?
2. Did u get any RFE's when you renewed your EAD/AP well after you switched employers. (I assume you changed addresses in this process).
thx
1) did it myself..
2) yep i changed address, no rfes for anything..
more...
kak1978
11-30 02:33 PM
I have seen people talking about getting approvals with misdemeanors, but each case may be different. Murthy.com forums has a special section for people dealing with misdemeanor issues and have gone through the process, may be you will get some more tips about preparing for the interview there. Good Luck!
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Gravitation
04-09 05:00 AM
http://www.time.com/time/nation/article/0,8599,1607940,00.html
President Bush returns to the Mexico border at Yuma, Arizona,� Monday to reprise last year's role as buggy-riding border sheriff. And as with every piece of White House theater, this one has a very specific audience in mind: the anti-immigration right wing of the Republican party. It is this deeply skeptical crowd Bush must win over if he is to get the last potential domestic policy achievement of his presidency: "comprehensive immigration reform." And, with Congress' summer recess and the 2008 presidential primaries approaching, time is running out.
Bush will spend most of his time in Yuma talking about his achievements in combatting illegal immigration: nearly doubling the number of border guards, funding hundreds of miles of border fence, a significant uptick in border arrests and so on. He'll also talk about progress in cracking down on illegal hiring of undocumented workers by restaurants, hotels, construction and food processing plants, among other employers. Burnishing his credentials as a law-and-order border guard is key to the effort.
But the President's "comprehensive" reform includes more than border security, and that's where conservative skepticism comes in. His proposals, unveiled to Democrats for the first time two weeks ago, aim to create not just tougher border security and tighter domestic enforcement at work sites, but also a new guest worker program and a solution for the 11-12 million illegal immigrants in the country. Though these goals� are associated with a softer line on immigration, under his new plan, Bush has played to the hardline consensus among Republicans on these issues too.
Although the plan does create a guest worker program, Democrats and Republicans familiar with it say it would not offer new guest workers a faster track to citizenship than any other foreigner trying to become an American. And while the plan does offer a path to citizenship for the millions of illegal immigrants already in the country, it sets high hurdles: They would be sent to the end of the line of those applying for citizenship, would have to pay heavy fines for the years they have been in the country, would have to show that they have held a job while here, pay full back-taxes on their earnings and pass an English exam. And in a major departure from U.S. immigration policy as it has existed since 1965, the plan would do away with citizenship for their family members.
Even as Bush struts and frets on the GOP stage, Senator Edward Kennedy is doing the same for his audience, the pro-immigration left, which is calling for full amnesty for the illegal immigrants, a liberal guest worker program and broad new thresholds for immigration in coming years. Kennedy's staff says Bush will have to make concessions before Kennedy will sign up for the President's plan, and they insist the Massachusetts Senator won't back down on such core principles as reunification for immediate family members.
Yet, for all the appearance of conflict between the two men, each is well aware that he needs to the other to get an immigration reform bill passed � that's why they've been in deep discussions on the issue since the start this year. The positions each is taking now are less oriented towards coercing the other side than towards securing maximum support from within their own party. By giving the appearance of a deep Democrat-Republican divide, they increase the chances of winning their skeptics over to a compromise. Bush and Kennedy will have more leeway to make small concessions on fines or family reunification if each has the extremes of his own party on board.�
It's a smart strategy, but it faces tough challenges, as both men are finding it harder to rally even centrist support than it was a year ago. Thanks to the 2008 elections, two key Republican� backers of last year's effort at immigration reform, John McCain and Sam Brownback, have disappeared down the campaign trail. McCain had previously united with Kennedy to form a central Senate bloc for a compromise, while Brownback played a key role representing the compassionate right. Mel Martinez, a key Hispanic Republican voice in the debate, has also gone quiet since taking over the Republican National Committee.
For his part, Kennedy must deliver Democrats who in strictly political terms have no reason to back reform. The new Congress, under Democratic control, has had a very effective three-month run blocking Bush on everything from domestic proposals to foreign affairs and the war in Iraq. Handing the president a win on a major issue like immigration reform in the run up to the 2008 elections might be good policy, but it would be bad politics.
At some point between now and the end of May, when Senate majority leader Harry Reid has said the Senate will vote on immigration reform, the theater will end and real negotiating will begin. But with thin centrist backing, skeptical party extremes, and very little time to negotiate it will take more than compelling theater to get the deal done.
President Bush returns to the Mexico border at Yuma, Arizona,� Monday to reprise last year's role as buggy-riding border sheriff. And as with every piece of White House theater, this one has a very specific audience in mind: the anti-immigration right wing of the Republican party. It is this deeply skeptical crowd Bush must win over if he is to get the last potential domestic policy achievement of his presidency: "comprehensive immigration reform." And, with Congress' summer recess and the 2008 presidential primaries approaching, time is running out.
Bush will spend most of his time in Yuma talking about his achievements in combatting illegal immigration: nearly doubling the number of border guards, funding hundreds of miles of border fence, a significant uptick in border arrests and so on. He'll also talk about progress in cracking down on illegal hiring of undocumented workers by restaurants, hotels, construction and food processing plants, among other employers. Burnishing his credentials as a law-and-order border guard is key to the effort.
But the President's "comprehensive" reform includes more than border security, and that's where conservative skepticism comes in. His proposals, unveiled to Democrats for the first time two weeks ago, aim to create not just tougher border security and tighter domestic enforcement at work sites, but also a new guest worker program and a solution for the 11-12 million illegal immigrants in the country. Though these goals� are associated with a softer line on immigration, under his new plan, Bush has played to the hardline consensus among Republicans on these issues too.
Although the plan does create a guest worker program, Democrats and Republicans familiar with it say it would not offer new guest workers a faster track to citizenship than any other foreigner trying to become an American. And while the plan does offer a path to citizenship for the millions of illegal immigrants already in the country, it sets high hurdles: They would be sent to the end of the line of those applying for citizenship, would have to pay heavy fines for the years they have been in the country, would have to show that they have held a job while here, pay full back-taxes on their earnings and pass an English exam. And in a major departure from U.S. immigration policy as it has existed since 1965, the plan would do away with citizenship for their family members.
Even as Bush struts and frets on the GOP stage, Senator Edward Kennedy is doing the same for his audience, the pro-immigration left, which is calling for full amnesty for the illegal immigrants, a liberal guest worker program and broad new thresholds for immigration in coming years. Kennedy's staff says Bush will have to make concessions before Kennedy will sign up for the President's plan, and they insist the Massachusetts Senator won't back down on such core principles as reunification for immediate family members.
Yet, for all the appearance of conflict between the two men, each is well aware that he needs to the other to get an immigration reform bill passed � that's why they've been in deep discussions on the issue since the start this year. The positions each is taking now are less oriented towards coercing the other side than towards securing maximum support from within their own party. By giving the appearance of a deep Democrat-Republican divide, they increase the chances of winning their skeptics over to a compromise. Bush and Kennedy will have more leeway to make small concessions on fines or family reunification if each has the extremes of his own party on board.�
It's a smart strategy, but it faces tough challenges, as both men are finding it harder to rally even centrist support than it was a year ago. Thanks to the 2008 elections, two key Republican� backers of last year's effort at immigration reform, John McCain and Sam Brownback, have disappeared down the campaign trail. McCain had previously united with Kennedy to form a central Senate bloc for a compromise, while Brownback played a key role representing the compassionate right. Mel Martinez, a key Hispanic Republican voice in the debate, has also gone quiet since taking over the Republican National Committee.
For his part, Kennedy must deliver Democrats who in strictly political terms have no reason to back reform. The new Congress, under Democratic control, has had a very effective three-month run blocking Bush on everything from domestic proposals to foreign affairs and the war in Iraq. Handing the president a win on a major issue like immigration reform in the run up to the 2008 elections might be good policy, but it would be bad politics.
At some point between now and the end of May, when Senate majority leader Harry Reid has said the Senate will vote on immigration reform, the theater will end and real negotiating will begin. But with thin centrist backing, skeptical party extremes, and very little time to negotiate it will take more than compelling theater to get the deal done.
more...
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gcobsessed
10-23 02:36 PM
Employment based GC is based on intent to work for sponsoring employer or similar profession. For most of us, who are retrogressed, we would have worked with sponsoring employer already for 4 to 5 years. the main issue here is whether sufficient intent existed at the time of filing 140 and 485. after having been in 485 filed status for long, it is natural for intent to change.
so, i do not see why full time MBA with 485 pending is an issue. the laws are quite unclear, for sure.
My understanding from my lawyer is that a person's intent while filing GC should be that he will work in that position "indefinitely". So, if intent changes before the application is approved, then one might argue that the application itself should be withdrawn or is invalid.
The regulations do seem clear on what kind of work one must take up immediately after GC is approved. But, how it is enforced and the consequences of not abiding by it are open to debate. It depends on the person's risk tolerance profile to act as he chooses...who knows what will happen 5+ years from now...
so, i do not see why full time MBA with 485 pending is an issue. the laws are quite unclear, for sure.
My understanding from my lawyer is that a person's intent while filing GC should be that he will work in that position "indefinitely". So, if intent changes before the application is approved, then one might argue that the application itself should be withdrawn or is invalid.
The regulations do seem clear on what kind of work one must take up immediately after GC is approved. But, how it is enforced and the consequences of not abiding by it are open to debate. It depends on the person's risk tolerance profile to act as he chooses...who knows what will happen 5+ years from now...
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philler
11-01 06:45 AM
Without trying to sound too harsh, I think my dog could knock up something more worth going freelance about. :D
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karthik_may
07-18 04:06 PM
EB3 with PD June 2001 and I-485 was applied with RD of Oct 2002.
The online case tracking system has the status of case received and pending
Meanwhile, a call to USCIS revealed about the I-485 denial in Nov, 2005.
The I-485 was denied in Nov 2005 and we were not notified by USCIS and my attorney also did not get any denial notice.
How can the case be denied with out any notice? Do we have precedence on this level by USCIS?
I did a FP appt in Jan 2006 though.
I have been asked to refile I-485 now.
The online case tracking system has the status of case received and pending
Meanwhile, a call to USCIS revealed about the I-485 denial in Nov, 2005.
The I-485 was denied in Nov 2005 and we were not notified by USCIS and my attorney also did not get any denial notice.
How can the case be denied with out any notice? Do we have precedence on this level by USCIS?
I did a FP appt in Jan 2006 though.
I have been asked to refile I-485 now.
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geevikram
05-19 02:59 PM
I missed the bus and would love to get my hands on EAD!!!
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sweet_jungle
12-04 04:56 PM
Next year in July when we will become current, it will again become a game of probability. Because of the 2 specific issues I mentioned, we will have a slightly lower probability of our cases getting picked up. So, I am trying to be pro-active to address these specific issues. The issues definitely need to be fixed as these are glaring glitches in the USCIS file transfer system. I am thinking that we can draft a letter and all affected people can write to Ombudsman. Let me know what everybody thinks
I fail to see why these cases you are referring to are any worse off than many others.
I filed my I485 in May 2007, have been current for more than a third of the interim period and still waiting.
I have filed two service requests, two congressional enquiries and nothing. So have other people and it has not helped them either.
We are all in a black hole hoping for our cases to see the light of day some time just like the WAC cases you refer to.
I fail to see why these cases you are referring to are any worse off than many others.
I filed my I485 in May 2007, have been current for more than a third of the interim period and still waiting.
I have filed two service requests, two congressional enquiries and nothing. So have other people and it has not helped them either.
We are all in a black hole hoping for our cases to see the light of day some time just like the WAC cases you refer to.
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sundarpn
06-30 04:04 PM
eb3retro,
Did u change employers on EAD? or H1b transfer?
Also when you renewed EAD & AP:
1. Did you do it yourself? or did u have your new employer do it?
2. Did u get any RFE's when you renewed your EAD/AP well after you switched employers. (I assume you changed addresses in this process).
thx
Did u change employers on EAD? or H1b transfer?
Also when you renewed EAD & AP:
1. Did you do it yourself? or did u have your new employer do it?
2. Did u get any RFE's when you renewed your EAD/AP well after you switched employers. (I assume you changed addresses in this process).
thx
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harsh
03-20 01:10 PM
sure seems like it. As with L2 visa holders, this would allow H4 spuses to apply for work permit.
DirCls
07-12 10:16 PM
I can't sleep all night.. cmon atleast give us few options.
My take on the permanent solution:
1. Recapture lost visa numbers
2. Medical tests are going to be valid indefinitely
3. Ppl who've worked for X years automatically can apply for I-485
5. All can apply as per the old bulletin
6. ????
cmon guys help me with this.i'm running out of ideas..:D
just have a couple of beers..you will be ok..like me :)
My take on the permanent solution:
1. Recapture lost visa numbers
2. Medical tests are going to be valid indefinitely
3. Ppl who've worked for X years automatically can apply for I-485
5. All can apply as per the old bulletin
6. ????
cmon guys help me with this.i'm running out of ideas..:D
just have a couple of beers..you will be ok..like me :)
alforever
04-04 02:28 PM
Just use your valid H1/H4 visa for travel. If you had applied for I-485, then you would have had an extra option to apply and use AP for travel. Since you haven't filed I-485 yet, you can continue to use H1/H4 visa for travel while you wait to file I-485. Btw, if you are already over your 6 year H1 visa limit, then having an approved I-140 entitles you to get 3 yr H1 extensions whenever you are due for H1 renewal.
Thank you very much for your response. Yes we have received a 3yr extension (approval notice). in that case, I am assuming that we would have to go to the US embassy overseas to get H1B and H4 stamped on the passport opon returning back to the usa?
Thank you very much for your response. Yes we have received a 3yr extension (approval notice). in that case, I am assuming that we would have to go to the US embassy overseas to get H1B and H4 stamped on the passport opon returning back to the usa?