immilaw
09-18 04:13 PM
If your employer has applied H1B on your bachelor degree then you are EB3 but it can change if you have BS+5yrs Experience before filing LC ..
As of now you are EB3
Correct me guys if i am wrong
H-1B is a specialty occupation requiring a B.S. degree. So H-1B will always be filed on the basis of B.S. It has nothing to do with the LC.
As of now you are EB3
Correct me guys if i am wrong
H-1B is a specialty occupation requiring a B.S. degree. So H-1B will always be filed on the basis of B.S. It has nothing to do with the LC.
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tinuverma
11-09 10:18 PM
NKAVJS, thanks for the response.
I know what to do now
I know what to do now
FredG
March 3rd, 2004, 05:39 PM
I like the composition just the way it is.
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Fred
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EB3Ind
08-20 01:25 PM
It not a computer glitch for sure. As the explanation goes like this:
we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action.
Even My I-140 status changed from approved to Initial Review when I received my I-485 RFE last few months ago. Though I used AC21 to change my old employer to new employer I-140 still shows initial review.
we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action.
Even My I-140 status changed from approved to Initial Review when I received my I-485 RFE last few months ago. Though I used AC21 to change my old employer to new employer I-140 still shows initial review.
more...
H1Girl
08-16 07:19 PM
I was told by my attorneys para leagal (so who knows if this is true or not....) that the ITIN number is the same number that will be issued in the form of ssn.
Fire your Paralegal, if you can...
Fire your Paralegal, if you can...
hebron
06-23 08:25 AM
Mine is the same company that applied for EB2 in the first place
Thanks Jamesingham, Did you get your PERM approval? When you applied for EB2 with the same employer that filed your EB3, were your job descriptions atleast 50% different?
Thanks.
Thanks Jamesingham, Did you get your PERM approval? When you applied for EB2 with the same employer that filed your EB3, were your job descriptions atleast 50% different?
Thanks.
more...
ajay
03-10 03:31 PM
Friends,
Has anyone else come accross this problem? I wanted to remitt funds to India and when I logged in to SBI GLS web site I got the following message:
Due to regulations applicable in your state of residence in USA, we regret that, at present, we are unable to continue offering SBI Express Remit - US (our product using direct debit facility through ACH) till further notice.
We are engaged in meeting the state's current regulatory requirements, and it will be our endeavor to restore to you at the earliest the convenience you have been enjoying. Meanwhile, you may use the aid of Rapid Remittance (Web-assistance for tracking wire transfers) when you use wire transfer from your bank to send funds to your beneficiary accounts in India.
Please mail any of your queries to our customer support team at
Also the remittance options menu has disappeared.
I am also facing the same issue and when I open up the page same message pops up. I don't know if it is something to do with VA state. Have been using Click2Remit(Kotak) and Remit2India for the time being.
Has anyone else come accross this problem? I wanted to remitt funds to India and when I logged in to SBI GLS web site I got the following message:
Due to regulations applicable in your state of residence in USA, we regret that, at present, we are unable to continue offering SBI Express Remit - US (our product using direct debit facility through ACH) till further notice.
We are engaged in meeting the state's current regulatory requirements, and it will be our endeavor to restore to you at the earliest the convenience you have been enjoying. Meanwhile, you may use the aid of Rapid Remittance (Web-assistance for tracking wire transfers) when you use wire transfer from your bank to send funds to your beneficiary accounts in India.
Please mail any of your queries to our customer support team at
Also the remittance options menu has disappeared.
I am also facing the same issue and when I open up the page same message pops up. I don't know if it is something to do with VA state. Have been using Click2Remit(Kotak) and Remit2India for the time being.
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SeanDell
05-29 01:40 PM
?....
more...
overhere
07-18 07:03 AM
schedule a isn't available anymore since feb 2007.
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santb1975
12-08 11:13 PM
until I started tracking some immigration debate's this year.
more...
nonimmi
02-01 11:28 AM
Anyone knows a good attorney in PA/NJ area? Though location is not that important but service is.
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bfadlia
03-15 01:31 PM
^^^^
more...
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nabs501
07-17 06:07 PM
If his fiance is in the US, then it's easy. Just do a court marriage; get the marriage certificate and file for I485.
If his fiance is abroad then he can make a trip; get married and take her back to US and file. Remember, all the applicants need to be present in the US to file AoS.
If she does not have a visa to come to the US; then just wait...
I dont think it makes sense to file now; get married and re-file again. It's also risky just to some extent if his application is approved before ge get married.
Also, just a friendly suggeston:
Ask him to join IV :)
If his fiance is abroad then he can make a trip; get married and take her back to US and file. Remember, all the applicants need to be present in the US to file AoS.
If she does not have a visa to come to the US; then just wait...
I dont think it makes sense to file now; get married and re-file again. It's also risky just to some extent if his application is approved before ge get married.
Also, just a friendly suggeston:
Ask him to join IV :)
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tinuverma
11-09 10:29 AM
There is a website called Google. Its amazing in that it is above nationality and responds to every "is which of the two"
Very innovative. It did not help as a lot of Junior Members were rather talking unwanted crap than discussing on the real point. I was and am hoping for something better here.
Anyone else who can actually give me the answer?
Very innovative. It did not help as a lot of Junior Members were rather talking unwanted crap than discussing on the real point. I was and am hoping for something better here.
Anyone else who can actually give me the answer?
more...
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bigboy007
11-03 08:36 PM
But as mentioning is it good to efile or manual filing. as i said this is the case , I have moved after filing 485 my file is at NSC , for CT direct centre is VSC and many ppl have adviced to send file to NSC as my 485 is at NSC. Hence i have decided to file for Manual filing as i am new to Efiling and i dont want it to suggest this to go to VSC which will delay the case ? am i making sense?
Any list for manual filing ?
Checkout : http://immigrationvoice.org/forum/showthread.php?t=14135 (http://immigrationvoice.org/forum/showthread.php?t=14135)
Extract for eFiling EAD:
Covering Letter from the PDF
Covering letter from self
Copy of I-485 Receipt
Copy of approved I-140 (If approved)
Copy of PP (1st and last Page)
Copy of Visa Stamping
Copy of I-94 (Front & Back)
Copy of DL
Any list for manual filing ?
Checkout : http://immigrationvoice.org/forum/showthread.php?t=14135 (http://immigrationvoice.org/forum/showthread.php?t=14135)
Extract for eFiling EAD:
Covering Letter from the PDF
Covering letter from self
Copy of I-485 Receipt
Copy of approved I-140 (If approved)
Copy of PP (1st and last Page)
Copy of Visa Stamping
Copy of I-94 (Front & Back)
Copy of DL
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a_yaja
12-17 10:08 AM
Dear Yaja,
Thanks for your detailed response and i see that there is a valid point in yours.
Pl. let me know If i go for stamping even with out any paystub from the new employer? (joining after 15 days(1-15)) My new employer has agreed to give a letter of employment. Is that enough for the stamping?. If the consulate officer asks for the latest pay stub in my case, can I tell him that I do not have and I have only the old employers pay stub?
Thanks in anticipation.
Regards,
Raj
Yes - that should be good enough. You can tell the visa officer that you just joined the new employer and still do not have any paystubs from them. Get a letter from the new employer with the starting date. That should be good enough. Take all the paystubs from the old employer. Just be truthful and honest and don't worry - you should get your visa without any problem.
Thanks for your detailed response and i see that there is a valid point in yours.
Pl. let me know If i go for stamping even with out any paystub from the new employer? (joining after 15 days(1-15)) My new employer has agreed to give a letter of employment. Is that enough for the stamping?. If the consulate officer asks for the latest pay stub in my case, can I tell him that I do not have and I have only the old employers pay stub?
Thanks in anticipation.
Regards,
Raj
Yes - that should be good enough. You can tell the visa officer that you just joined the new employer and still do not have any paystubs from them. Get a letter from the new employer with the starting date. That should be good enough. Take all the paystubs from the old employer. Just be truthful and honest and don't worry - you should get your visa without any problem.
more...
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bpadala
05-18 01:37 PM
I had the same question and I went with Joseph Kallabhat who was very diigent in answering the query for me. Please email him at joe@insvisa.com and he should respond back in couple of hrs
Thanks alot
Thanks alot
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Sunx_2004
10-08 04:29 PM
I am also in the same situation. But not sure about H1 transfer. I posted all the questions to our lawyer and waiting for reply.
Did your attorney replied back?
Did your attorney replied back?
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desi3933
06-22 07:51 AM
If there is a valid I-94 that you can mention on 485 form and if that I-94 is not expired and it is also the latest I-94, then you may be ok.
Valid I-94 just indicates that person has not accumulated any unlawful presence (for 3/10 years ban). Person could well be out of status. For example, having approved H1 petition and not working for H1 employer. Another example: LCA mentions place of work Chicago and person is working in New York. 245(k) covers out of status only upto 180 days since last entry in USA. If the person is out of status > 180 days, please consult a good attorney before filing I-485.
I am NOT an attorney and this is not a legal advice.
Do not apply 485 without I-94. In absence of I-94, they wont send any RFE, they will reject the 485 case right away. The new USCIS memo states that if initial evidence is missing, then they are not obligated to send RFE anymore. They have authority to reject it right away.
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
--Read the "Initial Evidence requirements" on page 2. The initial evidence list is mentioned on every form (485, 131 etc). It MUST BE there in the packet.
Keep this fact in mind as many lawyers are not aware of this USCIS memo and its pretty important.
Also, trying to go back on H4 is not a bad idea, particularly, if the priority date is an early one. The filing of 485 would be delayed by a year or 2 but atleast her status would be good when applying.
I agree this is good idea. She may have to travel out of US to get back into H4 status.
See above in Blue.
Not a legal advice.
------------------------------------
Permanent Resident since May 2002
Valid I-94 just indicates that person has not accumulated any unlawful presence (for 3/10 years ban). Person could well be out of status. For example, having approved H1 petition and not working for H1 employer. Another example: LCA mentions place of work Chicago and person is working in New York. 245(k) covers out of status only upto 180 days since last entry in USA. If the person is out of status > 180 days, please consult a good attorney before filing I-485.
I am NOT an attorney and this is not a legal advice.
Do not apply 485 without I-94. In absence of I-94, they wont send any RFE, they will reject the 485 case right away. The new USCIS memo states that if initial evidence is missing, then they are not obligated to send RFE anymore. They have authority to reject it right away.
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
--Read the "Initial Evidence requirements" on page 2. The initial evidence list is mentioned on every form (485, 131 etc). It MUST BE there in the packet.
Keep this fact in mind as many lawyers are not aware of this USCIS memo and its pretty important.
Also, trying to go back on H4 is not a bad idea, particularly, if the priority date is an early one. The filing of 485 would be delayed by a year or 2 but atleast her status would be good when applying.
I agree this is good idea. She may have to travel out of US to get back into H4 status.
See above in Blue.
Not a legal advice.
------------------------------------
Permanent Resident since May 2002
ubetman
08-08 10:28 AM
My application has not been sent yet. They are planning to send it to TSC. My confusion is:
According to USCIS website, in I-140 addresses to sent information, for concurrent application of 140/485, it says if the permanent employment is based in this state, it goes to this center.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c31c5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
In 485 addresses to sent information under employment based category, it says if you live in this state, sent it to this center. This does not say about concurrent filing applications..
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
I live in Texas but in labor employment, permanent job offer address is in diff state which comes under NSC.
Since mine is concurrent filing, I don't know to which center I have to sent the application....Lawyer is saying he will send it to TSC, since I live and work in Texas. But I want to make clear things as I don't want to end up sending to wrong service center. If process delayed, thats fine..but if the application is rejected...then thats a big problem..which is why I am mostly concerned....lawyers r busy..they don't consider all our concerns...in the faqs:pdf released by USCIS, it says if the application is sent by mistake to VSC or CSC, then they will route it to either TSC or NSC but it does not say about if application is sent to TSC but has to go to NSC, it will route it to approriate service center...
tension ...confused....lawyer don't reply...he doesn't care much...
anybody has hotline number to call and confirm with USCIS...thanks in advance..
According to USCIS website, in I-140 addresses to sent information, for concurrent application of 140/485, it says if the permanent employment is based in this state, it goes to this center.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c31c5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
In 485 addresses to sent information under employment based category, it says if you live in this state, sent it to this center. This does not say about concurrent filing applications..
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
I live in Texas but in labor employment, permanent job offer address is in diff state which comes under NSC.
Since mine is concurrent filing, I don't know to which center I have to sent the application....Lawyer is saying he will send it to TSC, since I live and work in Texas. But I want to make clear things as I don't want to end up sending to wrong service center. If process delayed, thats fine..but if the application is rejected...then thats a big problem..which is why I am mostly concerned....lawyers r busy..they don't consider all our concerns...in the faqs:pdf released by USCIS, it says if the application is sent by mistake to VSC or CSC, then they will route it to either TSC or NSC but it does not say about if application is sent to TSC but has to go to NSC, it will route it to approriate service center...
tension ...confused....lawyer don't reply...he doesn't care much...
anybody has hotline number to call and confirm with USCIS...thanks in advance..
nlssubbu
10-05 04:13 PM
Just to add My I 140 approved from the first company.
You have two options in this situation.
1. File an amendment to the approved I-140 based on Merger / Acquisition
2. Once you got EAD, invoke AC 21 and can continue with your employer.
I was in your similar situation when my division is acquired and my attorney filed an I-140 amendment, as I do not want to use EAD. [H1 / H4 is duel intent and we can be still protected even if I-485 is denied! When we are not switching companies why to loose this advantage?]
Thanks
You have two options in this situation.
1. File an amendment to the approved I-140 based on Merger / Acquisition
2. Once you got EAD, invoke AC 21 and can continue with your employer.
I was in your similar situation when my division is acquired and my attorney filed an I-140 amendment, as I do not want to use EAD. [H1 / H4 is duel intent and we can be still protected even if I-485 is denied! When we are not switching companies why to loose this advantage?]
Thanks
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