martinvisalaw
09-22 07:34 PM
my fiancee has F-1 visa too, but we are getting married next month so excited. should i ask my employer to apply for us the same time?
Yes, if she wants to change from F-1. She might want to stay in F-1 status as long as she can, especially since she can get work authorization.
i don't know how is this work, and how much is the f-1 to h-4 status change costs.
That depends on the lawyer, Filing fees are $300
if i get denied, she will be denied too
Yes
but if she gets denied, will i get denied?
No, not necessarily
in other word, is filing both visa same time affect the chance of getting approved?
I've done thousands of H-1B and H-4 cases filed together. It's very common.
u guys know the odds of getting approved on h1b from non profit organization these days?
If the job meets the H-1B criteria, and you do also, you should be fine.
Yes, if she wants to change from F-1. She might want to stay in F-1 status as long as she can, especially since she can get work authorization.
i don't know how is this work, and how much is the f-1 to h-4 status change costs.
That depends on the lawyer, Filing fees are $300
if i get denied, she will be denied too
Yes
but if she gets denied, will i get denied?
No, not necessarily
in other word, is filing both visa same time affect the chance of getting approved?
I've done thousands of H-1B and H-4 cases filed together. It's very common.
u guys know the odds of getting approved on h1b from non profit organization these days?
If the job meets the H-1B criteria, and you do also, you should be fine.
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andy garcia
08-10 06:01 PM
Are you sure ? Did anyone receive a copy of approval notice at company recently ?:confused:
In December 2005, my company got a a courtesy copy from CIS, lawyer got the original.
andy
In December 2005, my company got a a courtesy copy from CIS, lawyer got the original.
andy
sands_14
04-04 02:01 PM
I e-filed,got my EAD in 2 months,AP in 5 months
My wife efiled,got EAD and AP in 5 months.
We went for FP for sure!
So it can be a long process even when you efile.
All you need is luck:)
My wife efiled,got EAD and AP in 5 months.
We went for FP for sure!
So it can be a long process even when you efile.
All you need is luck:)
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i4u
04-16 12:50 PM
what happened? what advice did you get from your lawyer?
I know of a friend who was let go, and he cannot work for any of the agency that were clients of his consulting company.
Hi,
I signed an agreement with my employer who is holding my H1 visa. Agreement is saying I should not work for same client for 1 year. While I am on project, client is offering me Permanent job. My employer is saying I should not accept the employment offer from client. If I ignore my employer and accepts the offer from my client, I am going to be in trouble?
Thank you very much.
Regards,
Venkat.
I know of a friend who was let go, and he cannot work for any of the agency that were clients of his consulting company.
Hi,
I signed an agreement with my employer who is holding my H1 visa. Agreement is saying I should not work for same client for 1 year. While I am on project, client is offering me Permanent job. My employer is saying I should not accept the employment offer from client. If I ignore my employer and accepts the offer from my client, I am going to be in trouble?
Thank you very much.
Regards,
Venkat.
more...
ImmigrationAnswerMan
07-02 11:40 AM
It depends on why your L was denied. The standards for the L and the H are completely different. So usually a denial on an L will not be a factor in adjudicating an H petition. If your L was denied because you had not developed the company enough to show that it was a viable company at this point, then when you file the H they might question whether your company is large enough to warrant needing someone in your position (whatever the position may be).
desperatlyinwaiting
06-15 10:19 PM
Thank you for the quick response and advise.
Do they stamp the I-551 on a current passport, when he gets it renewed, even if we have not receive the approval letter? How do they verify this?
I do not have experience with this, so I greatly appreciate your patience.
Do they stamp the I-551 on a current passport, when he gets it renewed, even if we have not receive the approval letter? How do they verify this?
I do not have experience with this, so I greatly appreciate your patience.
more...
same_old_guy
06-20 08:28 PM
I did it few months back for my wife from CGI SFO. You should be fine. There ia one thing though. The I-693 medical exam needs your wife's passport number. You could do that only after you receive the new passport. May cause some delay.
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a_yaja
07-07 09:48 PM
I have described my situation below. Can someone please tell me if they have ever encountered this and what is the best avenue to take?
1. My LC was sent back to me on Tues (after 4 years).
2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
3. I am currently a little less than that if I can take into account all bonuses etc.
4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.
What should I do???
Depends on a lot of factors.
1. Under what category are you planning to file for I-140?
- EB1, EB2 or EB3?
2. Are you from a retrogressed country like India/ China or are you from Rest of World (ROW)?
3. How far are you from the 95% difference from your current salary ?
The reason I ask is this:
If you are going to apply for EB3 from India or China, there is a very good chance that your GC will take atleast 3 - 4 yrs (but anything could happen) to be approved. Remember, you need to make the salary when your GC is approved - not now. Secondly, if you are from India/ China, you may as well go ahead and say "Yes, will get paid salary mentioned" and after your I-140 is approved, you can always change to a job with higher salary and retain your Priority Date and go through PERM. But remember, PERM requires 100% salary and not 95%.
If you are from ROW, you can still go ahead and say "Yes, will get paid mentioned salary" and when you file for I-485, you can always switch jobs after 180 days invoking AC21.
If your salary is close to the 95% stated in the LC, you could still be OK - if you are confident that in a yr or two you will be getting 95% of the stated salary. Also, salary is only base salary and does not include Bonus (because bonus need not be offered by the company during any particular year).
IMPORTANT NOTE: COMPANY HAS TO AGREE TO GIVE YOU PW WHEN GC IS APPROVED AND NOT RIGHT NOW. IF YOU TELL THEM THIS, MAYBE THEY WILL NOT HESITATE SO MUCH.
Ofcourse, this is only my opinion and not legal advice.
1. My LC was sent back to me on Tues (after 4 years).
2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
3. I am currently a little less than that if I can take into account all bonuses etc.
4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.
What should I do???
Depends on a lot of factors.
1. Under what category are you planning to file for I-140?
- EB1, EB2 or EB3?
2. Are you from a retrogressed country like India/ China or are you from Rest of World (ROW)?
3. How far are you from the 95% difference from your current salary ?
The reason I ask is this:
If you are going to apply for EB3 from India or China, there is a very good chance that your GC will take atleast 3 - 4 yrs (but anything could happen) to be approved. Remember, you need to make the salary when your GC is approved - not now. Secondly, if you are from India/ China, you may as well go ahead and say "Yes, will get paid salary mentioned" and after your I-140 is approved, you can always change to a job with higher salary and retain your Priority Date and go through PERM. But remember, PERM requires 100% salary and not 95%.
If you are from ROW, you can still go ahead and say "Yes, will get paid mentioned salary" and when you file for I-485, you can always switch jobs after 180 days invoking AC21.
If your salary is close to the 95% stated in the LC, you could still be OK - if you are confident that in a yr or two you will be getting 95% of the stated salary. Also, salary is only base salary and does not include Bonus (because bonus need not be offered by the company during any particular year).
IMPORTANT NOTE: COMPANY HAS TO AGREE TO GIVE YOU PW WHEN GC IS APPROVED AND NOT RIGHT NOW. IF YOU TELL THEM THIS, MAYBE THEY WILL NOT HESITATE SO MUCH.
Ofcourse, this is only my opinion and not legal advice.
more...
amsgc
01-22 09:57 PM
Now that you have your answer, let me ask you a question -
Are you going to write to the lawmakers/president today, or are you going to sleep for now and wake up a year later?
I hate to break this to you, but your sense of optimism needs a reality check.
Thanks you very much. Anyways it going to take atleast a year for these to go get over if at all. And if by any chance if its made current when both are done, wishful thinking but being optimistic is better than nothing.
Are you going to write to the lawmakers/president today, or are you going to sleep for now and wake up a year later?
I hate to break this to you, but your sense of optimism needs a reality check.
Thanks you very much. Anyways it going to take atleast a year for these to go get over if at all. And if by any chance if its made current when both are done, wishful thinking but being optimistic is better than nothing.
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gcman2005
10-15 02:47 AM
My wifes EAD got approved today. Still waiting for AP.
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jatinr
07-26 09:10 AM
Bibs:
To apply for EAD you need the following documents
1. I-131 EAD Application document
2. Copy of I-485 receipt notice
3. 2 colored passport pictures - recent
4. Cashiers cheque as stated in the form.
Send all this in and wait. You dont need an attorney to do this. This is really a simple procedure.
I 765 EAD Application document.
To apply for EAD you need the following documents
1. I-131 EAD Application document
2. Copy of I-485 receipt notice
3. 2 colored passport pictures - recent
4. Cashiers cheque as stated in the form.
Send all this in and wait. You dont need an attorney to do this. This is really a simple procedure.
I 765 EAD Application document.
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bkarnik
04-14 08:24 PM
Call is on April 14th (Sat) at 2.00 pm EDT.
Please check your emails. If you have not received an email, please email shrey@immigrationvoice.org with your phone number/your id on IV and I will call back.
Ragz:
OOPS!! April 15th, Saturday:D See you then.
Please check your emails. If you have not received an email, please email shrey@immigrationvoice.org with your phone number/your id on IV and I will call back.
Ragz:
OOPS!! April 15th, Saturday:D See you then.
more...
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apt29
08-29 11:33 AM
Just had a general question. The 797 thats approved for any person, is that for a specific consulate? If we want to go for stamping to another consulate what do we do? Is that a lengthy procedure. Thanks friends.
as far as I know -
Unless you submit form 825, It is possible to get stamped anywhere. However is it to the discretion of consulate whether to stamp or redirect to the visa post where the person belongs to. If you submit 825, copy of the approval notice will be sent to visa post selected and visa must be stamped there only.
as far as I know -
Unless you submit form 825, It is possible to get stamped anywhere. However is it to the discretion of consulate whether to stamp or redirect to the visa post where the person belongs to. If you submit 825, copy of the approval notice will be sent to visa post selected and visa must be stamped there only.
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ss1026
11-04 09:14 AM
I am planning a trip to India in late december. I went to the Hyderabad consulate website to see if I can get a appointment for my H-1B renewal for Dec/Jan09. I have read that the consulate would be functional in December but they have no system yet for taking appointments. I guess one more trip to Chennai! For this trip, I will enjoy the new Shamshabad airport.
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horscorp
02-06 08:29 PM
Ann,
Thanks for your response, really appreciate it.
I read through the memo and found guidance on changing companies while I140 is pending but did not find anything on transferring H1b while Perm is pending.
I am sure you are referring to the first part of the memo which mentions validity and expiration of LC and Perm should be filed 365 days before the end of 6 years of H1b.
Hypothetical (and probable) scenario:
She joins the company in the next three months and applies for Perm before Sep 2010. By Sep 2011, her Perm might have been denied or approved and expired or (small chance of it being approved and not expired) . In first two cases, she cannot use her current Perm and has to rely on new Perm application with new company to extend H1B. Could this petition for extension be rejected because the new Perm was not filed 365 days before end of 6 years? I am looking at worst case scenario and the basis for USCIS to reject the extension.
Sorry for asking too many questions. Hope you enjoyed 28.5 inches of snow :) we live in the suburbs.
horscorp
A new PERM filed before September 2010 will [I]probably[I] support an H1 extension beyond September 2011. There is contrary language in a May 30, 2008 USCIS memo on this issue, but the Vermont Service Center in liaison meetings with AILA has specifically confirmed that as long as the Perm is filed at least 365 days before the start date of the H-1 petition a one year extension is available.
Thanks for your response, really appreciate it.
I read through the memo and found guidance on changing companies while I140 is pending but did not find anything on transferring H1b while Perm is pending.
I am sure you are referring to the first part of the memo which mentions validity and expiration of LC and Perm should be filed 365 days before the end of 6 years of H1b.
Hypothetical (and probable) scenario:
She joins the company in the next three months and applies for Perm before Sep 2010. By Sep 2011, her Perm might have been denied or approved and expired or (small chance of it being approved and not expired) . In first two cases, she cannot use her current Perm and has to rely on new Perm application with new company to extend H1B. Could this petition for extension be rejected because the new Perm was not filed 365 days before end of 6 years? I am looking at worst case scenario and the basis for USCIS to reject the extension.
Sorry for asking too many questions. Hope you enjoyed 28.5 inches of snow :) we live in the suburbs.
horscorp
A new PERM filed before September 2010 will [I]probably[I] support an H1 extension beyond September 2011. There is contrary language in a May 30, 2008 USCIS memo on this issue, but the Vermont Service Center in liaison meetings with AILA has specifically confirmed that as long as the Perm is filed at least 365 days before the start date of the H-1 petition a one year extension is available.
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rajivkane
09-16 11:49 AM
Hi Guys!
By law how many days one is required to stay with sponsor after GC approval in EB2? What documents we will need to prove to USCIS at Citizenship interview to prove that we stayed with sponsor for "required" time.
Thanks,
Raj
By law how many days one is required to stay with sponsor after GC approval in EB2? What documents we will need to prove to USCIS at Citizenship interview to prove that we stayed with sponsor for "required" time.
Thanks,
Raj
more...
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gc_wow
07-07 01:31 PM
I have applied 485 during the july07 fiasco,I got 2 eads and aps,they have not even touched my case since april08.Is my case preadjudicated?
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Sunx_2004
11-21 12:37 AM
Just how bad is the backlog? (http://imminfo.com/Blog/articles.php?art_id=100&start=1)
Our office is but one of many receiving these inquiries. I have to believe that somewhere between 7,500 and 12,000 people are actively in the process of upgrading their preference classifications right now. As the months progress, this number will increase. All of these people will move onto the EB2 waiting list with older priority dates, in some cases as early as 2002. When this happens, it will push those with more recent priority dates back in line, increasing the time they must wait for visa availability
..........
.........
This is a long shot in today's scenario, not many companies are filing GC let alone conversion to EB2.
In short, EB3 is doomed....
Our office is but one of many receiving these inquiries. I have to believe that somewhere between 7,500 and 12,000 people are actively in the process of upgrading their preference classifications right now. As the months progress, this number will increase. All of these people will move onto the EB2 waiting list with older priority dates, in some cases as early as 2002. When this happens, it will push those with more recent priority dates back in line, increasing the time they must wait for visa availability
..........
.........
This is a long shot in today's scenario, not many companies are filing GC let alone conversion to EB2.
In short, EB3 is doomed....
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whattodo21
10-25 09:22 AM
how do you get a copy of the approved i-140 if the employer is not willing to give it?
pappu
01-05 11:24 AM
any predictions for Feb 2009 :D:D
Tough to predict due to porting done from EB3 to EB2. All old EB3 PDs that ported to EB2 will have priority over newer EB2 PDs
Tough to predict due to porting done from EB3 to EB2. All old EB3 PDs that ported to EB2 will have priority over newer EB2 PDs
dxldad
05-12 01:25 PM
Hello,
I'm planning to get immigration medical examination done for my wife. We're also planning for pregnancy.
One doctor said we should not try for pregnancy for 4-6 months once she get the shots. He also said he will give a waiver for now for the shots but USCIS will ask for it later. Is that a good idea?
Another doctor said she can do a blood test and determine if she needs the shots.
Any body in the same situation?
Check with your OB/GYN for important matters like this. Also, we had taken most of the vaccinations in India and they could identify the antibodies through blood tests. You could even get the blood tests get at your PCP earlier. Also, check webmd.com. It is a good resource, or you could call up the nurse line that most insurance companies provide now.
I'm planning to get immigration medical examination done for my wife. We're also planning for pregnancy.
One doctor said we should not try for pregnancy for 4-6 months once she get the shots. He also said he will give a waiver for now for the shots but USCIS will ask for it later. Is that a good idea?
Another doctor said she can do a blood test and determine if she needs the shots.
Any body in the same situation?
Check with your OB/GYN for important matters like this. Also, we had taken most of the vaccinations in India and they could identify the antibodies through blood tests. You could even get the blood tests get at your PCP earlier. Also, check webmd.com. It is a good resource, or you could call up the nurse line that most insurance companies provide now.
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