txuser
03-12 06:27 AM
You need to go to https://efiling.uscis.dhs.gov/efile/ and create an account for e-filing your petition.
I-539 Form and Instructions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=94d12c1a6855d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)
I-765 Form and Instructions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=7d316c0b4c3bf110VgnVCM1000004718190a RCRD)
When you actually do the e-filing, the system will ask you if you want to file I-765 concurrently. You should say yes it will prompt you with the details for filing I-765.
I-539 Form and Instructions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=94d12c1a6855d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)
I-765 Form and Instructions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=7d316c0b4c3bf110VgnVCM1000004718190a RCRD)
When you actually do the e-filing, the system will ask you if you want to file I-765 concurrently. You should say yes it will prompt you with the details for filing I-765.
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eilsoe
10-02 03:57 PM
It takes about 2 minutes to make those blobs... so, credit isn't REALLY that important with these blobs...
But yes, give credit where it belongs. :)
That's what i do too...
But yes, give credit where it belongs. :)
That's what i do too...
reddymjm
03-16 01:26 PM
Why he should expect an RFE in a Month or Two ?
Any rational reason ?
One way of reducing backlog is by issuing an RFE and a possible denial. Most of the EB3 with very old PD I would say before 2004 there is a standard RFE for an employment letter, resulting in a AC21 or some chance where they can deny some cases.
Any rational reason ?
One way of reducing backlog is by issuing an RFE and a possible denial. Most of the EB3 with very old PD I would say before 2004 there is a standard RFE for an employment letter, resulting in a AC21 or some chance where they can deny some cases.
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immilaw
09-18 01:41 PM
Hi immilaw member,
Thank you for the response, but my situation is.....
1. My diploma certificate will be dated somewhere around December,2006.
2. My H1B approval notice says my H1 is valid from October-1, 2006.
3. For the current job I need MS degree, but I submitted a letter from my school saying all the course work is completed, but the diploma will be awarded in December, 2006.
So now my questions are....
a.) if I change my job after I receive my certificate, can I apply for green card on EB2 in my new job (assuming that my new jobs requires Masters too)?
b.) Should the date on the certificate be earlier than the affective date of H1B or should it be earlier than the joining date of the job I am applying my green card on?
Please suggest.
Standards for H-1B and PR are different. Further, the basis of H-1B is the B.S. degree whereas the basis of EB-2 is your M.S. degree.
Yes, you should be able to file and EB-2 through an employer that you join after you have been awareded the M.S. degree.
Don't worry about your H-1B. You should not have a problem with that.
Thank you for the response, but my situation is.....
1. My diploma certificate will be dated somewhere around December,2006.
2. My H1B approval notice says my H1 is valid from October-1, 2006.
3. For the current job I need MS degree, but I submitted a letter from my school saying all the course work is completed, but the diploma will be awarded in December, 2006.
So now my questions are....
a.) if I change my job after I receive my certificate, can I apply for green card on EB2 in my new job (assuming that my new jobs requires Masters too)?
b.) Should the date on the certificate be earlier than the affective date of H1B or should it be earlier than the joining date of the job I am applying my green card on?
Please suggest.
Standards for H-1B and PR are different. Further, the basis of H-1B is the B.S. degree whereas the basis of EB-2 is your M.S. degree.
Yes, you should be able to file and EB-2 through an employer that you join after you have been awareded the M.S. degree.
Don't worry about your H-1B. You should not have a problem with that.
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needhelp!
10-23 09:23 AM
bump
morchu
04-29 09:45 AM
Your question 1 & 2 is the same.And you already know the answer.
YES. You can work for another employer temporarily for 3 months, and keep your "permanent employment offer". No need to inform USCIS except when they ask specifically.
Answer to question 3 is that USCIS is pre-adjudicating maximum cases, so that DOS can take educated guesses in moving the visa bulletin dates (instead of "blind" moves till now). Also USCIS is committed to reducing the overall processing time of 485 (if visa is available).
Thanks Krupa for your reply.
Could any one please clarify on below points.I hope this posting will also help other new members who got their EAD
1.Can I take an offer with a consulting firm for suppose 3 months con_w2 ?This firms will give me offer letter stating that I will work with them for only 3 months.I cannot file AC 21 since it is temporary employment.In my case since my original employer is intended to hire me permanently once GC is approved and supporting the GC process for this RFE Can I take this contract employment with out filing AC 21? As such I don't see any point in filing AC 21 in my case even if I find full time employment with the end client since my original employer is ready to hire me once GC is approved as GC is for future employment.Please clarify me on this.
2.I'm trying to avoid AC 21 as the job title and duties should be same or similar.In my case my LCA says that job title: Software Engineer Job duties says I work as Oracle CRM Functional. salary $90k
As per my expertise: I can work in Oracle apps manufacturing,Finance,supply chain,CRM,
Business Analyst:Finance,Health care,ERP,Insurance
QA Analyst: Functional QA (ERP or any other applications)
SAP QA,People soft QA,Oracle apps QA etc
All the above jobs are paid average $110k(Minimum 90k)
My question is suppose If I take a job as a QA Engineer to test an ERP product.Then definitely it will not fall in my LCA job title or duties.But to perform this job definitely I need to have strong ERP Back ground.It will become very hard to prove since my LCA duties says I work as Oracle CRM Functional(only one particular domain).So to avoid trouble I just want to respond this RFE with my original employer offer letter stating he is still intended to hire me once GC is approved.So that I can work in the above stated areas with different firms.Please clarify me on this
3.I heard so many people are receiving the RFE on I 485.Is it normal practice or USCIS is trying to adjudicate as many cases as possible by the end of september.Any guess?
Thanks for reading my post.Any inputs will be appreciated
Thanks
h12gc
YES. You can work for another employer temporarily for 3 months, and keep your "permanent employment offer". No need to inform USCIS except when they ask specifically.
Answer to question 3 is that USCIS is pre-adjudicating maximum cases, so that DOS can take educated guesses in moving the visa bulletin dates (instead of "blind" moves till now). Also USCIS is committed to reducing the overall processing time of 485 (if visa is available).
Thanks Krupa for your reply.
Could any one please clarify on below points.I hope this posting will also help other new members who got their EAD
1.Can I take an offer with a consulting firm for suppose 3 months con_w2 ?This firms will give me offer letter stating that I will work with them for only 3 months.I cannot file AC 21 since it is temporary employment.In my case since my original employer is intended to hire me permanently once GC is approved and supporting the GC process for this RFE Can I take this contract employment with out filing AC 21? As such I don't see any point in filing AC 21 in my case even if I find full time employment with the end client since my original employer is ready to hire me once GC is approved as GC is for future employment.Please clarify me on this.
2.I'm trying to avoid AC 21 as the job title and duties should be same or similar.In my case my LCA says that job title: Software Engineer Job duties says I work as Oracle CRM Functional. salary $90k
As per my expertise: I can work in Oracle apps manufacturing,Finance,supply chain,CRM,
Business Analyst:Finance,Health care,ERP,Insurance
QA Analyst: Functional QA (ERP or any other applications)
SAP QA,People soft QA,Oracle apps QA etc
All the above jobs are paid average $110k(Minimum 90k)
My question is suppose If I take a job as a QA Engineer to test an ERP product.Then definitely it will not fall in my LCA job title or duties.But to perform this job definitely I need to have strong ERP Back ground.It will become very hard to prove since my LCA duties says I work as Oracle CRM Functional(only one particular domain).So to avoid trouble I just want to respond this RFE with my original employer offer letter stating he is still intended to hire me once GC is approved.So that I can work in the above stated areas with different firms.Please clarify me on this
3.I heard so many people are receiving the RFE on I 485.Is it normal practice or USCIS is trying to adjudicate as many cases as possible by the end of september.Any guess?
Thanks for reading my post.Any inputs will be appreciated
Thanks
h12gc
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Green.Tech
07-24 03:12 PM
As per my attorney, there is no validity requirement for the passport, just that it should be valid at the time of AOS application. So, the OP should be ok. But like others said, do apply for a new passport as soon as possible.
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centrum
09-25 02:33 AM
Hi,
I just got approved for H-1B this year and I have some questions. I'm from a small country where they do not easily let their citizens to become citizens of other counties. So unless it's for educational purpose (undergraduate/graduate), they will not renew my passport for me.
My passport expires at the end of this year, and I was wondering if it's possible to obtain the following with an expired passport:
a) H-1B extension
b) PERM
c) green card
If it's not possible to obtain any of them with an expired passport, I must enroll in a graduate school to renew my passport. (Before my passport expires) I really prefer not to do this.
I would really appreciate if you could reply with cases you've seen or experienced in the past.
Thanks in advance.
I just got approved for H-1B this year and I have some questions. I'm from a small country where they do not easily let their citizens to become citizens of other counties. So unless it's for educational purpose (undergraduate/graduate), they will not renew my passport for me.
My passport expires at the end of this year, and I was wondering if it's possible to obtain the following with an expired passport:
a) H-1B extension
b) PERM
c) green card
If it's not possible to obtain any of them with an expired passport, I must enroll in a graduate school to renew my passport. (Before my passport expires) I really prefer not to do this.
I would really appreciate if you could reply with cases you've seen or experienced in the past.
Thanks in advance.
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freeskier89
02-09 03:09 PM
^^^ :eyeup:. Did you really actively go out and seek votes?
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LloydsApple
11-12 04:39 PM
The passport is valid but the visa inside it is not. I suppose you are saying this is not a problem!?:)
Sorry, it's just that she is nervous about buying a $700 plane ticket and running into trouble.
Sorry, it's just that she is nervous about buying a $700 plane ticket and running into trouble.
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gcformeornot
09-01 09:15 AM
why are you posting multiple times?
hot 1680x1050 wallpapers.
martinvisalaw
07-21 01:20 PM
Like the attorney mentioned, you can't maintain H4 and AOS status at the same time.
To clarify some misunderstandings - you can have H-4 and an AOS pending. You can't have H-4 and work on an EAD.
Someone else said "If working on EAD invalidates H1,..." No, working on an EAD does not invalidate H-1B status, unless the work is for a different employer to the H-1B petitioner.
Another poster: "I know many people who were on H4 and started working as soon as they filed AOS and got EAD's, now in this case there I-94 issued for H4 is still valid."
No, the H-4 status is not valid. I wonder if the H-4 applicant completed the I-539 correctly and stated that s/he was working. There is a specific question about this on the 539. If the applicant said s/he was working, I would be very surprised if CIS extended the H-4 status.
To clarify some misunderstandings - you can have H-4 and an AOS pending. You can't have H-4 and work on an EAD.
Someone else said "If working on EAD invalidates H1,..." No, working on an EAD does not invalidate H-1B status, unless the work is for a different employer to the H-1B petitioner.
Another poster: "I know many people who were on H4 and started working as soon as they filed AOS and got EAD's, now in this case there I-94 issued for H4 is still valid."
No, the H-4 status is not valid. I wonder if the H-4 applicant completed the I-539 correctly and stated that s/he was working. There is a specific question about this on the 539. If the applicant said s/he was working, I would be very surprised if CIS extended the H-4 status.
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stucklabor
03-22 04:01 PM
All, our last interpretation has been confirmed by one immigration lawyer, but we are trying to get more opinions. It looks like all EB visas will now have a hard 10% country cap.
Here is the latest interpretation of the country quotas. The loss of 202(a)(5) will definitely be a problem. I can't write any plainer than this, so if someone else wants to take a shot at explaining, please do.
Sec 202(a)(3):
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
Our analysis:
This paragraph clubs together EB (subsection b of Sec 203) and Family-based (subsection a of Sec 203) immigrant visas. So if there are excess visas under both in a calendar quarter, then country quotas (paragraph 2 above) do not apply. So this leaves a lot of room for creative interpretation. Under a strict reading, the country quotas would not apply only when BOTH EB and FB categories have excess visas. FB has been oversubscribed for 10+ years.
Sec 202(a)(5):
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Our analysis:
Excess visas in each EB category will first be given to oversubscribed countries in that same category. E.g., EB2 excess visas will be given to EB2 applicants from EB2 oversubscribed countries. If there are visas even after that, then they will spill over to the next lower EB category. This is the provision that is proposed to be stricken out.
Here is the latest interpretation of the country quotas. The loss of 202(a)(5) will definitely be a problem. I can't write any plainer than this, so if someone else wants to take a shot at explaining, please do.
Sec 202(a)(3):
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
Our analysis:
This paragraph clubs together EB (subsection b of Sec 203) and Family-based (subsection a of Sec 203) immigrant visas. So if there are excess visas under both in a calendar quarter, then country quotas (paragraph 2 above) do not apply. So this leaves a lot of room for creative interpretation. Under a strict reading, the country quotas would not apply only when BOTH EB and FB categories have excess visas. FB has been oversubscribed for 10+ years.
Sec 202(a)(5):
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Our analysis:
Excess visas in each EB category will first be given to oversubscribed countries in that same category. E.g., EB2 excess visas will be given to EB2 applicants from EB2 oversubscribed countries. If there are visas even after that, then they will spill over to the next lower EB category. This is the provision that is proposed to be stricken out.
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fearonlygod
10-04 01:08 AM
hmmm....cannot say in my case i had all the paystubs for the months before i resigned...it was only i left i didnt got the 2 paystubs though for 1 salary was paid and even bank statement is reflecting that and my employer confirmed by sending a mail......
It is a serious breach of not giving paystub bit kind of chicken egg problem becoz if u complain ot DOL tey ara for certin going to tear him off but he has liberty of cancelling you r visa.....
I know a ldy who was harrases in this manner , she wrote to DOL...and action was very promt.....and after few months she left those guys....
I hope this helps.......
It is a serious breach of not giving paystub bit kind of chicken egg problem becoz if u complain ot DOL tey ara for certin going to tear him off but he has liberty of cancelling you r visa.....
I know a ldy who was harrases in this manner , she wrote to DOL...and action was very promt.....and after few months she left those guys....
I hope this helps.......
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bsbawa10
08-14 10:03 PM
Idea is good. But, I can see the rows being edited every now and then. So, how secure is the data really?
It is not secure, all forum people have access to it.
It is not secure, all forum people have access to it.
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Suva
07-23 12:22 PM
R. Mickels
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glus
09-24 09:00 AM
Usually it comes to lawyer.
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gconmymind
01-15 04:02 PM
8 months is too much...On one hand, we can not apply for H1 renewal before 6 months of expiration and on the other hand they take more than 6 months to process? Do they purposely want to create more complications here? What a bunch of baboons!!!
Anyways, is there a way we can convert our regular application to premium processing once it's already filed. I've filed for my extension in Oct 07 and till today no updates...USCIS is making me sick!!!!
You need to fill in a form (910 or something, i dont remember). With your receipt number and this form, you can convert your case to premium. I did that for 140, should be possible for H1 also. Talk to your lawyer for details...
Anyways, is there a way we can convert our regular application to premium processing once it's already filed. I've filed for my extension in Oct 07 and till today no updates...USCIS is making me sick!!!!
You need to fill in a form (910 or something, i dont remember). With your receipt number and this form, you can convert your case to premium. I did that for 140, should be possible for H1 also. Talk to your lawyer for details...
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ajm
06-24 07:06 PM
485 fess from Jul 30th will be 1010USD. This also has EAD & AP fees built into it and you can keep on renewing EAD & AP with out paying fees every year unil you get your GC.
The first-time EAD/AP will definitely be free. But I could not find any explicit language indicating that renewals will be free. Here is the relevant section from the federal register notice:
Form I-485. For filing an application for permanent resident status
or creation of a record of lawful permanent residence--$930 for an
applicant fourteen years of age or older; $600 for an applicant under
the age of fourteen years when submitted concurrently for adjudication
with the Form I-485 of a parent and the applicant is seeking to adjust
status as a derivative of the parent, based on a relationship to the
same individual who provides the basis for the parent's adjustment of
status, or under the same legal authority as the parent; no fee for an
applicant filing as a refugee under section 209(a) of the Act; provided
that no additional fee will be charged for a request for travel
document (advance parole) or employment authorization filed by an
applicant who has paid the Form I-485 application fee, regardless of
whether the Form I-131 or Form I-765 is required to be filed by such
applicant to receive these benefits.
At best, this is ambiguous as to whether a fee will be required on renewals.
The first-time EAD/AP will definitely be free. But I could not find any explicit language indicating that renewals will be free. Here is the relevant section from the federal register notice:
Form I-485. For filing an application for permanent resident status
or creation of a record of lawful permanent residence--$930 for an
applicant fourteen years of age or older; $600 for an applicant under
the age of fourteen years when submitted concurrently for adjudication
with the Form I-485 of a parent and the applicant is seeking to adjust
status as a derivative of the parent, based on a relationship to the
same individual who provides the basis for the parent's adjustment of
status, or under the same legal authority as the parent; no fee for an
applicant filing as a refugee under section 209(a) of the Act; provided
that no additional fee will be charged for a request for travel
document (advance parole) or employment authorization filed by an
applicant who has paid the Form I-485 application fee, regardless of
whether the Form I-131 or Form I-765 is required to be filed by such
applicant to receive these benefits.
At best, this is ambiguous as to whether a fee will be required on renewals.
sertasheep
08-03 10:01 PM
If PA members can't make it to the rally, I suggest that members can atleast cheer and meet up with other members who are in transit (eg, provide moral support, refreshments, by meeting at some rest area in MD or DE)
Thoughts]?
Thoughts]?
sanju
11-09 09:58 PM
Why do you need Akbar?
We were talking about all characters from Ramayan ... not from the recent past :) ... and if you still think that we should have one - then let's make Manmohan Singh into one :)...
Have you heard of "Jaane Bhi Do Yaaro"? Jalaluddin Akbar is a character in Ramayan and Mahabharat. Here is a proof.
YzSuM09Gz1w
.
We were talking about all characters from Ramayan ... not from the recent past :) ... and if you still think that we should have one - then let's make Manmohan Singh into one :)...
Have you heard of "Jaane Bhi Do Yaaro"? Jalaluddin Akbar is a character in Ramayan and Mahabharat. Here is a proof.
YzSuM09Gz1w
.
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