puddonhead
02-28 02:08 PM
Changing from L1 to H1 has nothing to do with your GC process.
Since you have L1 - you have most probably worked outside the US for at least 1 year with your employer. If this 1-year stint was at a managerial capacity (5-6 people reported to you at least, and you are at least 2-3 positions removed from the entry level) and was within the last 3 years - then you can apply in EB1 category.
I changed from L1-H1 as well. I was not able to apply in EB1 since my 1-year stint was outside the 3 year window.
Whether you can apply in EB1 or not has no connection with whether you are on L1, H1 or even outside the country. The EB1 requirements are similar to L1requirements (in fact identical to L1A requirements) - and that is why you see lots of L1A guys getting their GC early. There is a definite correlation - but no causation.
Since you have L1 - you have most probably worked outside the US for at least 1 year with your employer. If this 1-year stint was at a managerial capacity (5-6 people reported to you at least, and you are at least 2-3 positions removed from the entry level) and was within the last 3 years - then you can apply in EB1 category.
I changed from L1-H1 as well. I was not able to apply in EB1 since my 1-year stint was outside the 3 year window.
Whether you can apply in EB1 or not has no connection with whether you are on L1, H1 or even outside the country. The EB1 requirements are similar to L1requirements (in fact identical to L1A requirements) - and that is why you see lots of L1A guys getting their GC early. There is a definite correlation - but no causation.
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go_guy123
01-14 04:49 AM
If you do get the F-1 visa, then you likely would not face any difficulty at the airport. However, F-1 visa requires non-immigration intent, which would be very difficult, if not impossible, for you to prove. Unfortunately, even J-1 visa requires you to prove non-immigration intent. So if you go outside USA, very likely you will not be able to get back. Therefore, I believe that traveling in your state is not advisable; you should stay put until your children's father is in a position to marry you. Then you can obtain the fiancee visa (K-1) and travel abroad.
depending on the country of citizenship J1 waiver is also needed
depending on the country of citizenship J1 waiver is also needed
smohan
07-15 03:04 AM
Presently I am on H1B visa status, valid till March 2009. My PD is of June 2005 and I-140 was done in 2005 also, presently trapped in retrogression.
I have a great offer from a big oil company. After my possible joining to them with H1B transfer, they are willing to start my labor also. In such a case, I want my new labor to be filed ASAP, as my son will be 21 years old in march 2008.
In a case I join this new company in middle of August, when do you think my labor could be filed....I heard there is some two months advertising involved before filing in PERM.
Thanks for your time guys.
I have a great offer from a big oil company. After my possible joining to them with H1B transfer, they are willing to start my labor also. In such a case, I want my new labor to be filed ASAP, as my son will be 21 years old in march 2008.
In a case I join this new company in middle of August, when do you think my labor could be filed....I heard there is some two months advertising involved before filing in PERM.
Thanks for your time guys.
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kunjakka
07-13 10:26 AM
Hmm, somebody can confirm this. I am in Houston, Texas
While I e-filed my EAD renewal, everything was super-duper and the pdf files indicate that it was sent to Texas Service Center (pending I-485 is in TSC and initial EADs/APs were received from TSC). I marked in my Application that My I-485 was Emplyment Based.
I went and followed the same steps for my wife's EAD renewal(She already received EAD/AP initially in October 2007, from the TSC), who is my "dependant", but marked hers as family based I-485. I think it is because of this anamoly that, the supporting documents is being directed to National Benefits Center.
Has anybody had a similar experience? Please share
I am planning to call USCIS tomorrow. I will update you all in the details.
My main concern now is
1. I do not want to send supporting documents to two places (so that they dont get confused)
2. I do not want National Benefits Center to realize that it is the wrong service center and transfer to TSC and delay the EAD's for my wife ( whose will expire sometime in October, 2008).
3. Since her I-485 is dependant on mine, i dont want them to think that her I-485 is now family and not "my employment"
While I e-filed my EAD renewal, everything was super-duper and the pdf files indicate that it was sent to Texas Service Center (pending I-485 is in TSC and initial EADs/APs were received from TSC). I marked in my Application that My I-485 was Emplyment Based.
I went and followed the same steps for my wife's EAD renewal(She already received EAD/AP initially in October 2007, from the TSC), who is my "dependant", but marked hers as family based I-485. I think it is because of this anamoly that, the supporting documents is being directed to National Benefits Center.
Has anybody had a similar experience? Please share
I am planning to call USCIS tomorrow. I will update you all in the details.
My main concern now is
1. I do not want to send supporting documents to two places (so that they dont get confused)
2. I do not want National Benefits Center to realize that it is the wrong service center and transfer to TSC and delay the EAD's for my wife ( whose will expire sometime in October, 2008).
3. Since her I-485 is dependant on mine, i dont want them to think that her I-485 is now family and not "my employment"
more...
ameryki
07-22 01:42 PM
thanks guys. i wished there was any interim EAD to continue work.
I agree would have been nice. I know people that had to quit working and then come back online once the EAD came through of course the employer worked with them as far as rehiring is concerned but its just not easy to not see the pay checks coming in regularly.
I agree would have been nice. I know people that had to quit working and then come back online once the EAD came through of course the employer worked with them as far as rehiring is concerned but its just not easy to not see the pay checks coming in regularly.
GC_SUCK
10-24 11:56 AM
What you mean by "Becareful..lot of screening is going on in PERM"?
You mean in ALL PERM or in EB2 PERM.
My lawyer is very scared to file my new case under EB2 PERM. His opinion is we may get an audit.
I have already EB3 PERM/I-140 approved. And now looking to file EB2 PERM with Bachelors+ 5 year Exp. (due to degree evaluation issues I am not able to file under Masters + 6 month exp).
Ok, I also have one Tradional LC (from Texas) and one RIR case (from MN) pending in BEC.
So the new case will be my 4th case.
You mean in ALL PERM or in EB2 PERM.
My lawyer is very scared to file my new case under EB2 PERM. His opinion is we may get an audit.
I have already EB3 PERM/I-140 approved. And now looking to file EB2 PERM with Bachelors+ 5 year Exp. (due to degree evaluation issues I am not able to file under Masters + 6 month exp).
Ok, I also have one Tradional LC (from Texas) and one RIR case (from MN) pending in BEC.
So the new case will be my 4th case.
more...
ssdtm
11-06 02:14 PM
If you are lucky, your 485 case may continue without issues for next 1 year. (this is a high possibility). After 1 yr, once you come back, there may not be any issues if there is no RFE / Interview.
Problem with 485 may arise later if there is RFE / Interview and you are asked for paystubs/W2 for this period.
There is certainly some risk involved to your 485. Given that RFE / Interview comes for only a small percentage, this risk is not very high. Also, RFE / Interview doesn't necessarily collapses your case, but this will be a sticky wicket in that case.
Problem with 485 may arise later if there is RFE / Interview and you are asked for paystubs/W2 for this period.
There is certainly some risk involved to your 485. Given that RFE / Interview comes for only a small percentage, this risk is not very high. Also, RFE / Interview doesn't necessarily collapses your case, but this will be a sticky wicket in that case.
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amitpan007
06-22 12:12 PM
Did anyone (or spouse) applied for Social Security No. who were using ITIN before, for tax purposes. I have applied for 485 and EAD and plan to apply for my wife's Social Security once I get the EAD. Are there any tax filing implications? How to switch to this new number and still be able to e-file next year (assuming I get EAD this year)?
more...
Blog Feeds
12-18 03:40 PM
As a California immigration lawyer who files many asylum cases, I am used to thinking of a the United States as a place of refuge and to documenting the horrible country conditions of other countries. I have successfully represented applicants for asylum who feared staying in their countries because while serving in their countries' armies, they were harmed on account of their sexual orientation.
It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.
The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.
It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.
More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)
It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.
The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.
It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.
More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)
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jsb
07-29 08:53 AM
Hi folks,
I have a appointment at calgary, canada for my H1 extension visa stamping. Any one has experience in Calgary.
My spouse entered the US on H4, she has a MBBS degree from india and she got H1 sponsored by a reputed university to do research.
I read on the posts that first time H4 to H1 stamping might pose a issue in canada if a person does not have degrees from US or Canada.
Please let me know.
Thanks
Contributed 500 to IV
If H1 for your spouse is already approved, there should not be any problem provided you carry all necessary documentation. If it is under processing (not yet approved), and you have your H1 approved, your spouse should not have problem for H4.
I have a appointment at calgary, canada for my H1 extension visa stamping. Any one has experience in Calgary.
My spouse entered the US on H4, she has a MBBS degree from india and she got H1 sponsored by a reputed university to do research.
I read on the posts that first time H4 to H1 stamping might pose a issue in canada if a person does not have degrees from US or Canada.
Please let me know.
Thanks
Contributed 500 to IV
If H1 for your spouse is already approved, there should not be any problem provided you carry all necessary documentation. If it is under processing (not yet approved), and you have your H1 approved, your spouse should not have problem for H4.
more...
GCBy3000
07-19 11:25 PM
Mostly IV and Immigration committee chair women, but how does it matter now.
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st4rguitar
04-06 01:51 PM
Hello
My Labor approved in May 2007, Still i didn't received my Labor Hard Copy.
Anyone in same boat??:eek:
You will not receive the originals. They will go to the entity that filed your LC - if a lawyer filed for it, the original will go to the lawyer. If the employer filed for it, the original will go to the employer. You will have to sign one page of the original document (which the employer/lawyer should send to you) before filing your I-140. The employer does not legally have to provide you with a copy of the LC either.
Now, if your employer/lawyer have not received the original from the DOL, he/she can follow the instructions as stated on the PLC website to obtain a duplicate certification copy. Although from what you are saying, if it was approved in May of last year, it will have expired by now anyway.
My Labor approved in May 2007, Still i didn't received my Labor Hard Copy.
Anyone in same boat??:eek:
You will not receive the originals. They will go to the entity that filed your LC - if a lawyer filed for it, the original will go to the lawyer. If the employer filed for it, the original will go to the employer. You will have to sign one page of the original document (which the employer/lawyer should send to you) before filing your I-140. The employer does not legally have to provide you with a copy of the LC either.
Now, if your employer/lawyer have not received the original from the DOL, he/she can follow the instructions as stated on the PLC website to obtain a duplicate certification copy. Although from what you are saying, if it was approved in May of last year, it will have expired by now anyway.
more...
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gc_kaavaali
08-24 10:34 PM
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=7285c9faa87df620ad1e57a9c0e43 0d4
Don't worry..Apply for EAD replacement Card immediately...You can work for 90 days based on EAD replacement Receipt Notice.
Don't worry..Apply for EAD replacement Card immediately...You can work for 90 days based on EAD replacement Receipt Notice.
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coolman775
07-23 01:35 PM
Have you received finger print requests?
yes I did for the I-485 after one or two month since I got my recipt number ...
Is your PD current?
I don't know what is PD stands for !...
Is the Service Center processing I 485 applications around the RD of your 485 application?
I don't know how to check that , because when I click on the checking by the RD of the file in the service center , it doesn't show any I-485 on the list !...
and what is the IV ?
THank you soooo much in adance for all the informatioin.
yes I did for the I-485 after one or two month since I got my recipt number ...
Is your PD current?
I don't know what is PD stands for !...
Is the Service Center processing I 485 applications around the RD of your 485 application?
I don't know how to check that , because when I click on the checking by the RD of the file in the service center , it doesn't show any I-485 on the list !...
and what is the IV ?
THank you soooo much in adance for all the informatioin.
more...
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priderock
05-08 04:40 PM
Folks,
I will get my H1B this October. How long should I stick with the same company before transferring? I read somewhere that I should stick with them for atleast 3 months after Oct 1st. Is this true?
I don't think there is any hard and fast rule. But you need at least a couple of pay stubs to show that you worked for this company. I am not a lawyer , seek professional help when in doubt.
I will get my H1B this October. How long should I stick with the same company before transferring? I read somewhere that I should stick with them for atleast 3 months after Oct 1st. Is this true?
I don't think there is any hard and fast rule. But you need at least a couple of pay stubs to show that you worked for this company. I am not a lawyer , seek professional help when in doubt.
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hebbar77
08-21 09:31 PM
First time a post made absolutely no sense to me!:eek:
more...
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vatsa
01-04 10:38 AM
http://www.businessweek.com/smallbiz/content/jan2007/sb20070103_187304.htm?chan=search
The silence from those of us not affected by the green card process who are legal immigrants is annoyingly deafening. The entire economy has picked up now and yet legislation takes forever to pass!
What does it take for lawmakers to turn their heads? People holding placcards and signs on streets protesting? Is that the only way to have something heard? Obviously, written articles such as these isn't helping!
The silence from those of us not affected by the green card process who are legal immigrants is annoyingly deafening. The entire economy has picked up now and yet legislation takes forever to pass!
What does it take for lawmakers to turn their heads? People holding placcards and signs on streets protesting? Is that the only way to have something heard? Obviously, written articles such as these isn't helping!
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go_guy123
03-08 10:06 AM
ILW.COM - immigration news: Bloggings on Political Asylum (http://www.ilw.com/articles/2011,0307-dzubow.shtm)
Mar 07, 2011
Political Asylum for Libyan Students in the US?
More than 1,000 Libyan students are currently studying in the United States, and the continuing unrest in their homeland has them worried. To make matters worse, the Libyan Embassy in the U.S. apparently contacted many of the students and threatened to take away government scholarships unless they attended a pro-Khadafy rally in Washington, DC. The Libyan Ambassador (predictably) denied any such threats.
Anti-Khadafy protestors tell it like it is.
Some of the students are politically active. For example, a student in New York has started a Twitter account called Enough Gaddafi that has over 7,000 followers (a website is coming soon). In Kentucky, a group of 50 Libyans gathered to voice their support for the protestors in Libya. And Libyan students in Colorado and Oklahoma are speaking out publicly against Libyan leader Moammar Khadafy.
Given the current situation, can Libyans in the U.S. successfully claim political asylum?
As usual in immigration law, the answer is a definite maybe. For those students listed by name in newspapers and who engaged in anti-Khadafy political activity, or who made anti-Khadafy comments, I would imagine that they have a solid claim for political asylum. If Mr. Khadafy remains in power, the students would face severe consequences upon their return to Libya. There is no doubt that Mr. Khadafy�s regime tortures and murders political opponents. Further, given the Libyan Embassy�s attempt to rally Libyans in the U.S. to Mr. Khadafy�s defense, it is very likely that the Libyan government is aware of the students� political opinions.
For those Libyans not mentioned in newspapers, or who were not contacted by the Embassy about attending the pro-Khadafy rally, an asylum claim might be more difficult. Generalized strife in a person�s home country�in and of itself�is usually not sufficient to qualify for asylum. Whether a particular individual qualifies for asylum would depend on his or her personal circumstances.
Finally, the situation in Libya is very fluid. Perhaps Mr. Khadafy will be gone soon (we can only hope), but perhaps not. As the situation on the ground continues to evolve, so too will the possibility for asylum for Libyans in the U.S.
Mar 07, 2011
Political Asylum for Libyan Students in the US?
More than 1,000 Libyan students are currently studying in the United States, and the continuing unrest in their homeland has them worried. To make matters worse, the Libyan Embassy in the U.S. apparently contacted many of the students and threatened to take away government scholarships unless they attended a pro-Khadafy rally in Washington, DC. The Libyan Ambassador (predictably) denied any such threats.
Anti-Khadafy protestors tell it like it is.
Some of the students are politically active. For example, a student in New York has started a Twitter account called Enough Gaddafi that has over 7,000 followers (a website is coming soon). In Kentucky, a group of 50 Libyans gathered to voice their support for the protestors in Libya. And Libyan students in Colorado and Oklahoma are speaking out publicly against Libyan leader Moammar Khadafy.
Given the current situation, can Libyans in the U.S. successfully claim political asylum?
As usual in immigration law, the answer is a definite maybe. For those students listed by name in newspapers and who engaged in anti-Khadafy political activity, or who made anti-Khadafy comments, I would imagine that they have a solid claim for political asylum. If Mr. Khadafy remains in power, the students would face severe consequences upon their return to Libya. There is no doubt that Mr. Khadafy�s regime tortures and murders political opponents. Further, given the Libyan Embassy�s attempt to rally Libyans in the U.S. to Mr. Khadafy�s defense, it is very likely that the Libyan government is aware of the students� political opinions.
For those Libyans not mentioned in newspapers, or who were not contacted by the Embassy about attending the pro-Khadafy rally, an asylum claim might be more difficult. Generalized strife in a person�s home country�in and of itself�is usually not sufficient to qualify for asylum. Whether a particular individual qualifies for asylum would depend on his or her personal circumstances.
Finally, the situation in Libya is very fluid. Perhaps Mr. Khadafy will be gone soon (we can only hope), but perhaps not. As the situation on the ground continues to evolve, so too will the possibility for asylum for Libyans in the U.S.
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nirenjoshi
03-16 10:12 AM
I'd like to see expert/legal opinion, but from my limited understanding -
if you continue to maintain the same address, work at the same company, the official looking at your I-485 application would have no reason to assume anything had changed.
And so you should get your application approved when your PD is current.
However, in case the officer decides to verify, he could send a RFE for Employment Verification Letter. At that time, it could potentially cause problems.. Will your company send a letter that yes you are still working there and performing the same duties as mentioned in your application? Or will they mention that your job profile has changed?
These questions are moot if you dont get a RFE and I would think chances of RFE are low if you dont change your address.
Others, please chime in...
if you continue to maintain the same address, work at the same company, the official looking at your I-485 application would have no reason to assume anything had changed.
And so you should get your application approved when your PD is current.
However, in case the officer decides to verify, he could send a RFE for Employment Verification Letter. At that time, it could potentially cause problems.. Will your company send a letter that yes you are still working there and performing the same duties as mentioned in your application? Or will they mention that your job profile has changed?
These questions are moot if you dont get a RFE and I would think chances of RFE are low if you dont change your address.
Others, please chime in...
amaze
10-31 09:54 AM
what do u know about? :P
Karthikthiru
06-26 05:17 PM
The school will have a copy. Call the international office. They will have copy
Karthik
Karthik
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