immi_enthu
08-28 10:40 AM
That is correct. You do not get to sign the 140 as it is has to be applied by the employer. You however, have to sign your approved Labor which will be attached to the 140 application.
kaisersose, is it mandatory for the beneficiary to sign the approved labor before attaching it to the I140 application ?
kaisersose, is it mandatory for the beneficiary to sign the approved labor before attaching it to the I140 application ?
immi_enthu
08-28 11:28 AM
According to the legal assistant:
Traditional Labor:
Incase of substitution the beneficiary has to sign the approved labor. Otherwise it is not required.
PERM: Requires beneficiary's signature.
Thanks bond65
Traditional Labor:
Incase of substitution the beneficiary has to sign the approved labor. Otherwise it is not required.
PERM: Requires beneficiary's signature.
Thanks bond65
senthil
02-06 05:20 PM
all your points look ok to me. although it may differ for different prople.
in my case - i have an EAD. but cant use it. i had to stay on H1B to make my spouse's stay valid which is H4. i see the following as a comparision. guys pl feel free to throw ur inputs.
EAD
- ability to switch jobs as nessary - you decide
- AP to easy your life when you want to fly out and come back
( no hassle stamping tention etc, but comes with yearly price )
- of couse the important thing is your spouse can work
- need to stick with same designation
H1B:
- no hassles if you are within 6 year period. everything starts when its about to expire and you jump into GC train
[ you have to jump if you decide to stay more than 6 years. no option here, i guess ]
- same as EAD jumping jobs is easy, also can climb up the ladder
- if above 6 year limit and I-140 not approved, you get only yearly exentions
thanks.
in my case - i have an EAD. but cant use it. i had to stay on H1B to make my spouse's stay valid which is H4. i see the following as a comparision. guys pl feel free to throw ur inputs.
EAD
- ability to switch jobs as nessary - you decide
- AP to easy your life when you want to fly out and come back
( no hassle stamping tention etc, but comes with yearly price )
- of couse the important thing is your spouse can work
- need to stick with same designation
H1B:
- no hassles if you are within 6 year period. everything starts when its about to expire and you jump into GC train
[ you have to jump if you decide to stay more than 6 years. no option here, i guess ]
- same as EAD jumping jobs is easy, also can climb up the ladder
- if above 6 year limit and I-140 not approved, you get only yearly exentions
thanks.
gc_check
06-15 04:16 PM
Looks like at least they have touched or near review for all the cases filed in July 07 Rush and if Visas are available, at least in a position to approve. Aug 17th was the dead line to file the applications back in 2007 when they opened the gates. The processing dates shown below represent the receipt dates of petitions and applications currently being processed by the USCIS Service Center as per their webpage. .Also the processing times are as of 4/30/2009.
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
https://egov.uscis.gov/cris/processTimesDisplay.do
Does this mean, they have enough statistics to set the PD cut-off dates reasonable ???? Guess have to wait to see for FY10 VB's
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
https://egov.uscis.gov/cris/processTimesDisplay.do
Does this mean, they have enough statistics to set the PD cut-off dates reasonable ???? Guess have to wait to see for FY10 VB's
more...
grupak
08-11 10:12 AM
Notify the change of address - If USCIS finds out that you have moved and did not notify with in 10 days of your move then they have the power to revoke and deny your petition.
wandmaker is correct.
Updating USCIS using form AR-11 within 11 days is required by law. Can be done online, allows the option to update pending cases with a different mailing address such as PO Box that is different from the home address. AR-11 requires the actual physical home address.
In any event, should call USCIS to confirm change of address on pending applications.
wandmaker is correct.
Updating USCIS using form AR-11 within 11 days is required by law. Can be done online, allows the option to update pending cases with a different mailing address such as PO Box that is different from the home address. AR-11 requires the actual physical home address.
In any event, should call USCIS to confirm change of address on pending applications.
gotgc?
09-17 11:48 AM
Your lawyer is right. Since you have an active and approved I-140, your I-485 can NOT be denied. Even if it is denied by mistake, it can be re-opened by MTR.
You should relax, in other words.
That is the advantage of having multiple immigrant petitions (one or more combination of I-140 and I-130).
Good Luck to you.
*** Not a legal advise ***
Thanks a lot for all your responses...i am optimistic now...hope they keep my AOS pending as I am from EB3-India, I may not get a chance to refile I-485 with my 2006 PD in the next 20 years....once again, thanks to you all...
You should relax, in other words.
That is the advantage of having multiple immigrant petitions (one or more combination of I-140 and I-130).
Good Luck to you.
*** Not a legal advise ***
Thanks a lot for all your responses...i am optimistic now...hope they keep my AOS pending as I am from EB3-India, I may not get a chance to refile I-485 with my 2006 PD in the next 20 years....once again, thanks to you all...
more...
sri1309
03-25 05:36 PM
I think we all should vote for just one immigration related question
After logging in, if you search with "immigration", I think there are atleast 25-35 posts which are related to us. I created my question just now and went thru all the 171 questions and voted FOR all of them which are good for us.
Core Team,
Thursday is the deadline.. President is asking us to help him understand our issues. Can you please make this an action item.. Pleassseeeee....
After logging in, if you search with "immigration", I think there are atleast 25-35 posts which are related to us. I created my question just now and went thru all the 171 questions and voted FOR all of them which are good for us.
Core Team,
Thursday is the deadline.. President is asking us to help him understand our issues. Can you please make this an action item.. Pleassseeeee....
WeShallOvercome
07-31 06:28 PM
My I-485(with G-28) was filed by our company lawyer and company did not let us file EAD. I'm filing EAD on my own after USCIS made it clear with FAQ2 that they will accept EAD applications without the I-485 Receipt notice.
My questions is, Can I be sure the receipt notice for the EAD will come to me and not to the lawyer by any chance? I don't have any intention of using EAD but don't want my employer/lawyer know that I have filed it.
Thanks
My questions is, Can I be sure the receipt notice for the EAD will come to me and not to the lawyer by any chance? I don't have any intention of using EAD but don't want my employer/lawyer know that I have filed it.
Thanks
more...
prince_waiting
12-12 12:31 PM
Montgomery - Huntsville = 190 miles
Montgomery - Mobile = 170 miles
Montgomery - Birmingham = 90 miles
So effectively Montgomery is the center point and as suggested by cooldude** is a good meeting place.
If the meet is convened in Birmingham then it is 260 miles one way distance for Mobile effectively dissuading any Mobile members from active participation.
Your take on the meeting place guys.
Looks like a toss up between Birmingham and Montgomery.
Montgomery - Mobile = 170 miles
Montgomery - Birmingham = 90 miles
So effectively Montgomery is the center point and as suggested by cooldude** is a good meeting place.
If the meet is convened in Birmingham then it is 260 miles one way distance for Mobile effectively dissuading any Mobile members from active participation.
Your take on the meeting place guys.
Looks like a toss up between Birmingham and Montgomery.
casinoroyale
01-31 02:03 PM
Ok, how sure is your lawyer about what he is saying?
I know a person who was exactly in this situation. He was given 221g and while he was waiting got his AP approval and he entered US using that. I am not sure what he did is right or wrong, but atleast it worked and he is in US.
I will recommend you to talk to one more attorney. May be murthy/rajeev khanna office?
(BTW, if you agree with that i said, please rate this post as 'approve' using the small scale icon on upper right corner. I am trying to get rid of these red dots which i got for no good reason)
Thank you for your response to my post about 221g. You mentioend that if I have AP in hand then I can cancel the request for the H1 and return on the AP. In my case I applied for the AP in the us but it was approved and sent to me after I left the US. My lawyer says that it needs to be approved before I leave the US and therefore cannot use it. Do you know if I can use the AP without it being approved while I was in the US?
I know a person who was exactly in this situation. He was given 221g and while he was waiting got his AP approval and he entered US using that. I am not sure what he did is right or wrong, but atleast it worked and he is in US.
I will recommend you to talk to one more attorney. May be murthy/rajeev khanna office?
(BTW, if you agree with that i said, please rate this post as 'approve' using the small scale icon on upper right corner. I am trying to get rid of these red dots which i got for no good reason)
Thank you for your response to my post about 221g. You mentioend that if I have AP in hand then I can cancel the request for the H1 and return on the AP. In my case I applied for the AP in the us but it was approved and sent to me after I left the US. My lawyer says that it needs to be approved before I leave the US and therefore cannot use it. Do you know if I can use the AP without it being approved while I was in the US?
more...
pasupuleti
05-11 11:55 AM
Do you have the phone number?
Do we have to listen to the program to get the phone number?
Thursday afternoon at 2:00 EST, legal immigration will be the topic on NPR’s talk show “Talk of the Nation.” They’ll be looking for people to call in with their stories.
All members, please call in if you have a compelling story on how the broken legal immigration system affects your life and chokes growth, discourages new talent from coming into the country etc. etc.
Avoid bashing illegals or any other groups. Its not IV policy and should not be done.
We've wanted attention to the LEGAL variety of immigration debate and here is your chance to call in, and make your voice heard.
STAND UP AND SPEAK UP.
Do we have to listen to the program to get the phone number?
Thursday afternoon at 2:00 EST, legal immigration will be the topic on NPR’s talk show “Talk of the Nation.” They’ll be looking for people to call in with their stories.
All members, please call in if you have a compelling story on how the broken legal immigration system affects your life and chokes growth, discourages new talent from coming into the country etc. etc.
Avoid bashing illegals or any other groups. Its not IV policy and should not be done.
We've wanted attention to the LEGAL variety of immigration debate and here is your chance to call in, and make your voice heard.
STAND UP AND SPEAK UP.
senthil
02-06 10:59 PM
good question. i guess you were thinking we both were on AOS stage.
only im on adjustment of status, i havent filed for my spouse yet. i got married after reto kicked in. so the only option for her is to stay here is on H4 and to support that I had to stay on H1B, even thou i have EAD.
hope this explains. thanks.
only im on adjustment of status, i havent filed for my spouse yet. i got married after reto kicked in. so the only option for her is to stay here is on H4 and to support that I had to stay on H1B, even thou i have EAD.
hope this explains. thanks.
more...
desiin_va
04-23 01:23 PM
This email is useless as nowhere in the email the alien's name is mentioned.
In USCIS website you only have the option to add a case with the receipt number. They don't verify whether this case belongs to you or not.
If your company/attorney gives you a receipt # that belongs to another person�s I-140 application, still you will get this email.
The only option you have is to request for a copy of I-140 using G-639 form under FOIA.
I agree, the email response is no help.
Can you please elaborate on how to request copy I-140 using G-639 form under FOIA?
In USCIS website you only have the option to add a case with the receipt number. They don't verify whether this case belongs to you or not.
If your company/attorney gives you a receipt # that belongs to another person�s I-140 application, still you will get this email.
The only option you have is to request for a copy of I-140 using G-639 form under FOIA.
I agree, the email response is no help.
Can you please elaborate on how to request copy I-140 using G-639 form under FOIA?
STAmisha
07-30 04:48 PM
Yes. It is called interfiling
more...
yabadaba
03-25 07:45 AM
nonsenseNumbersUSA.com that provides accurate processes and descriptions refuting the moronic claims of numbersusa which feeds tancredo and his creed.
i m very well versed with census data and can look at specific refutes to their claims. Also, would it help to show legal immigration levels in the developed countries.
Canada allows 1/100th (1%)of the population to come in every year as landed immigrants (skilled migrants). 300,000+ out of a total population of 30 million with no country based limitation.
here employment based migration which is the closest category as compared to Canada's legal migration process alllows 144,000 out of 300 million. (0.05%)
Australia lets in 120,000 (0.6%) migrants out of which 80,000 (0.5%) are in the skilled worker category out of a population estimate of 20 million
New Zealand lets in 34,000 (0.9%) migrants out of which 21,000 (0.5%) are in the skilled worker category out of a population estimate of 4 million
i m very well versed with census data and can look at specific refutes to their claims. Also, would it help to show legal immigration levels in the developed countries.
Canada allows 1/100th (1%)of the population to come in every year as landed immigrants (skilled migrants). 300,000+ out of a total population of 30 million with no country based limitation.
here employment based migration which is the closest category as compared to Canada's legal migration process alllows 144,000 out of 300 million. (0.05%)
Australia lets in 120,000 (0.6%) migrants out of which 80,000 (0.5%) are in the skilled worker category out of a population estimate of 20 million
New Zealand lets in 34,000 (0.9%) migrants out of which 21,000 (0.5%) are in the skilled worker category out of a population estimate of 4 million
sudhirvallam
10-24 06:39 PM
The below memo from USCIS clearly states that your H1B will be valid if you use EAD for secondary job.
2. If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status?
Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Amended INS Memo on H/Ls Traveling on Advance Parole, U.S. Immigration, Law Offices of Carl Shusterman (http://shusterman.com/handlvisas-travelingonadvanceparole.html)
2. If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status?
Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Amended INS Memo on H/Ls Traveling on Advance Parole, U.S. Immigration, Law Offices of Carl Shusterman (http://shusterman.com/handlvisas-travelingonadvanceparole.html)
more...
meridiani.planum
07-22 12:32 AM
inline....
Hi,
I had applied for H1 for 2008 from two different employers.Both got approved.
you are one lucky dude. when you get to the US go to las vegas and try you luck there :)
Now my concern is ,
1)would there be any problem during the Visa stamping?
no. there is no law against 2 h1s. Any problems you might face would be related more to your qualifications, the company that is sponsoring you etc.
2)What should i do to other visa ,which i will be not using?
ignore it, it does not matter
3)How should i approach the employer whose employment i will be not accepting?
wait for your visa stamping to come through with one employer, then inform the other one that you wont be able to accept his job offer
4)I have signed one offer letter from the employer but other employer had not provided me with the offer leter.so whom should i join?
signing the offer letter is also not too late to switch employers (though its bad form). See which company is better based on other things:
- is one a regular company with a job already for you and the other a consultant who still has to place you
- where are the offices? Is one in the big hubs like silicon valley, new jersey/new york, austin, dallas, phoenix etc? Is it in a place where the standard of living might be hard based on your salary (1bed apartments rent range anywhere from 200 bucks to 1200 bucks depending on whether you are in arkansas or bay area). Is one in a place where the weather might be too harsh for you.
- what is the profile of the two employers (which one is more reachable, friendly)? If both are consultants, which one is bigger, with a better client list.
- salary, benefits of each of them.
all in all, even if you pick teh 'wrong' employer, you can always come here and then change...
Hi,
I had applied for H1 for 2008 from two different employers.Both got approved.
you are one lucky dude. when you get to the US go to las vegas and try you luck there :)
Now my concern is ,
1)would there be any problem during the Visa stamping?
no. there is no law against 2 h1s. Any problems you might face would be related more to your qualifications, the company that is sponsoring you etc.
2)What should i do to other visa ,which i will be not using?
ignore it, it does not matter
3)How should i approach the employer whose employment i will be not accepting?
wait for your visa stamping to come through with one employer, then inform the other one that you wont be able to accept his job offer
4)I have signed one offer letter from the employer but other employer had not provided me with the offer leter.so whom should i join?
signing the offer letter is also not too late to switch employers (though its bad form). See which company is better based on other things:
- is one a regular company with a job already for you and the other a consultant who still has to place you
- where are the offices? Is one in the big hubs like silicon valley, new jersey/new york, austin, dallas, phoenix etc? Is it in a place where the standard of living might be hard based on your salary (1bed apartments rent range anywhere from 200 bucks to 1200 bucks depending on whether you are in arkansas or bay area). Is one in a place where the weather might be too harsh for you.
- what is the profile of the two employers (which one is more reachable, friendly)? If both are consultants, which one is bigger, with a better client list.
- salary, benefits of each of them.
all in all, even if you pick teh 'wrong' employer, you can always come here and then change...
little_willy
07-29 11:23 PM
I think they should change the title on their page to How may I harass you? :)
LOL ;-) Had a chuckle after a frustrating day. Thanks.
LOL ;-) Had a chuckle after a frustrating day. Thanks.
Munna Bhai
08-23 12:04 PM
I wish it was like that, but it amazes me how many times I have to give the exact same information to all government agencies. They have no clue or contact between each other unfortunately.
For example, why do I have to give all my information on all forms, even within USCIS? And why do I have redo my fingerprints every year? My fingers don't change.
And why can people get a new drivers license or hide in another state from where the drivers license was issued?
The only thing that should be needed to apply for a i485 should be your social #. The rest of the information they should already KNOW... Why should you give it? Then they will have to check that you gave the right information on the paper, not focusing on if the information is correct... It is just opening up for fraud.
So until they get their information straight, don't underestimate how much data you have to give them over and over again... and how slow the process will be because of that.
Swede is correct, you need to have all the documents...here is the classic couple of case:
a)One person was deported as he was not able to show the document and immigration department didn't had.
b)One person is in H1b (was in F1) but RMV asked for F1 I-20 as that was what stamped on the passport.
c)Another case, H1b was not extended to 3 years even though this person stayed outside USA for around 11 months. Even after submitting docs, got only 2 years extension
So you are free to conclude..
For example, why do I have to give all my information on all forms, even within USCIS? And why do I have redo my fingerprints every year? My fingers don't change.
And why can people get a new drivers license or hide in another state from where the drivers license was issued?
The only thing that should be needed to apply for a i485 should be your social #. The rest of the information they should already KNOW... Why should you give it? Then they will have to check that you gave the right information on the paper, not focusing on if the information is correct... It is just opening up for fraud.
So until they get their information straight, don't underestimate how much data you have to give them over and over again... and how slow the process will be because of that.
Swede is correct, you need to have all the documents...here is the classic couple of case:
a)One person was deported as he was not able to show the document and immigration department didn't had.
b)One person is in H1b (was in F1) but RMV asked for F1 I-20 as that was what stamped on the passport.
c)Another case, H1b was not extended to 3 years even though this person stayed outside USA for around 11 months. Even after submitting docs, got only 2 years extension
So you are free to conclude..
a_yaja
04-02 03:18 PM
If an RFE has been issues, it will show up on the USCIS case status website when you type in your receipt number.
I had filed for my 6th year h1b extension without the lawyer , I did so bec the paper work was similar to my last extension ,and i saw that lots of people on the IV forum had Filed the H1b extension themselves.
Anyways, my human resource personal hired a new secretory and she some how misplaced my H1b receipt/possible RFE? , I have the EAC # from my cancel check ; when i check my status online it says case received and pending my PD is Jan08 ,2007 and the CSC is processing Jan. 13th, my question is if a RFE is issued will that be posted on the online case status website? I have asked the HR to request a duplicate copy from INS , should i also ask them to contact USCIS over the phone in addition to the written request?
I had filed for my 6th year h1b extension without the lawyer , I did so bec the paper work was similar to my last extension ,and i saw that lots of people on the IV forum had Filed the H1b extension themselves.
Anyways, my human resource personal hired a new secretory and she some how misplaced my H1b receipt/possible RFE? , I have the EAC # from my cancel check ; when i check my status online it says case received and pending my PD is Jan08 ,2007 and the CSC is processing Jan. 13th, my question is if a RFE is issued will that be posted on the online case status website? I have asked the HR to request a duplicate copy from INS , should i also ask them to contact USCIS over the phone in addition to the written request?
jnraajan
03-27 01:14 PM
Hey Dont Thank me. Thank IV, which is you and me and everyone else.
Everyone, Please start contributing now. Let us work hard to get every line item from the Campaign accomplished.
Everyone, Please start contributing now. Let us work hard to get every line item from the Campaign accomplished.
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