rbharol
01-23 08:16 AM
My lawyer says all I140 needs to be applied in NSC and so he has applied mine at NSC.
Is this true?
Whats the criteria for applying in TSC where the approvals happen in say 2-3 months?
Thanks
All applications goto NSC. They sort and send some to texas. You have to be lucky. In my company among four friends of us, two went to Texas and another two unlucky onces when to NSC. NSC ones are still waiting while other two got approval within two months.
Is this true?
Whats the criteria for applying in TSC where the approvals happen in say 2-3 months?
Thanks
All applications goto NSC. They sort and send some to texas. You have to be lucky. In my company among four friends of us, two went to Texas and another two unlucky onces when to NSC. NSC ones are still waiting while other two got approval within two months.
sertasheep
03-25 11:34 AM
Yes, you may apply for multiple visas. However, the rule of latest application of the attached I-94 applies. If you get your H4 first, and then your H1, it would mean your H1 would be valid.
If you get your H1 first, and then your H4, the I-94 attached to the H1 will no longer be valid, requiring you to get the H1 visa stamped in your home country consulate and re-enter.
You could simply wait out until you get your H4(at the risk of running out of the H1 cap). If you're willing to risk traveling and reenterng the US after stamping in your homecountry, you should be OK.
There are some attorneys however, who charge a hefty fee for you to get your H1 stamped at a Canadian US consulate if you fear rejection in your home country.
Regards
If you get your H1 first, and then your H4, the I-94 attached to the H1 will no longer be valid, requiring you to get the H1 visa stamped in your home country consulate and re-enter.
You could simply wait out until you get your H4(at the risk of running out of the H1 cap). If you're willing to risk traveling and reenterng the US after stamping in your homecountry, you should be OK.
There are some attorneys however, who charge a hefty fee for you to get your H1 stamped at a Canadian US consulate if you fear rejection in your home country.
Regards
sdudeja
01-12 10:46 PM
Its nice to see teachers on this forum. I came on H1 through the company GTRR. You can get their contact number from their site.I wanted to ask Sirvi that how about working with an NGO. Did you file your GC under EB2. I filed mine under EB3. Please tell me something about it.
If someone knows regarding more sponsors for teachers let me know. I know some school systems in and around Georgia sponsor directly.
If someone knows regarding more sponsors for teachers let me know. I know some school systems in and around Georgia sponsor directly.
amohale
11-18 10:11 PM
Hello,
I had to go to India due to a family emergency (death in family) in middle of my project. I have a new H1B and went for Stamping at Delhi Consulate on Nov 2nd. I got issued a 221G green form, to which I submitted the document requested on same day. 3 business days later I received a email from Consulate with another 221 G green form asking for all the documents. I sent all the documents via VFS on Nov 10th.
I haven't heard back from the consulate yet. In the mean time, my husband used his contacts to approach a congresswoman who has been involved in immigration cases. She has agreed to take my case with the Consulate. But what I am seeing on the forums is that if Congresswoman write letter to the consulate can jeopardize the case by unnecessarily pressuring the Consular.
It has been little over a week I submitted documents and I see that consulate is usually taking 2-3 weeks to respond. Please suggest if I should have the congresswoman write to the consulate or wait for the it to take the natural process and pray for the best?
Any help/suggestion is appreciated.
-Ritu
I had to go to India due to a family emergency (death in family) in middle of my project. I have a new H1B and went for Stamping at Delhi Consulate on Nov 2nd. I got issued a 221G green form, to which I submitted the document requested on same day. 3 business days later I received a email from Consulate with another 221 G green form asking for all the documents. I sent all the documents via VFS on Nov 10th.
I haven't heard back from the consulate yet. In the mean time, my husband used his contacts to approach a congresswoman who has been involved in immigration cases. She has agreed to take my case with the Consulate. But what I am seeing on the forums is that if Congresswoman write letter to the consulate can jeopardize the case by unnecessarily pressuring the Consular.
It has been little over a week I submitted documents and I see that consulate is usually taking 2-3 weeks to respond. Please suggest if I should have the congresswoman write to the consulate or wait for the it to take the natural process and pray for the best?
Any help/suggestion is appreciated.
-Ritu
more...
papajon
06-18 02:39 PM
I have gone through the same situation. My lawyer appealed with the original paper advertizement and my perm was cleared about one and half years later. I don't see any issue here as long as your employer has followed all the perm steps. Good Luck.
Thanks. Makes me feel better. Sound like your case is similar to mine - newspaper advertisement issue.
Thanks. Makes me feel better. Sound like your case is similar to mine - newspaper advertisement issue.
aranya
01-15 10:40 AM
Two things
1] H1b application may not be filed by the beneficiary i.e. you cannot file it. Your employer or his representative (lawyer) has to apply.
2] The lawyer fees may be paid by either the employer or the employee - no USCIS requirments/laws.
1] H1b application may not be filed by the beneficiary i.e. you cannot file it. Your employer or his representative (lawyer) has to apply.
2] The lawyer fees may be paid by either the employer or the employee - no USCIS requirments/laws.
more...
buptlsp
09-19 09:49 PM
Nope, it's from NSC
Congrats Buddy.....Was your I140 approved from TSC?
Congrats Buddy.....Was your I140 approved from TSC?
painful_GC
03-09 09:12 PM
Anyone ?? Pleaseeeeeeee
more...
isthereawayout
02-22 11:46 AM
Its not exactly the same position. As you can see the requirements are slightly different.
BECsufferer
02-11 06:44 AM
actually our situation is similar to a bunch of people sitting under a mango tree ..the green mangoes on the tree represent the green card.
those waiting for the mango are standing on a uncertain muddy ground and few will sink in the sand (due to job losses).
we have some robbers (labor substitutions) who climb the tree, steal the mangoes and run away.
the natives (only the anti-immigrants) want to cut down the tree so that no immigrant gets a mango
a majority or us who are waiting patiently are the law abiding ...but we wait for the mango to fall on our head rather than doing something to make the mango fall ..while waiting we fight and discuss silly issues (whether we should buy a house - how to get our maid on visa :)).
some of us while our status was on quick sand - went ahead and built a house thinking that GC would follow
now if only all of us were to come up with an effective plan and shake the tree or throw tons of stones on the tree ..then maybe everyone would get a mango sooner.
------------
I have one such idea (this does not cost much money) ..let us all go and meet realtors / home brokers etc ..show genuine interest in buying a house but after few days tell the realtor that since GC has been delayed ..u are cancelling your interest in home buying.
those who are homeowners already (with more at stake) ..should contact lawmakers that because of gc delays ...your house is at risk.
WARNING ...before attacking this idea ..come up with a better one
Good one. Just be cautious when we start throwing tones of stones, all those that will miss target will be coming towards us standing on the otherside.:)
those waiting for the mango are standing on a uncertain muddy ground and few will sink in the sand (due to job losses).
we have some robbers (labor substitutions) who climb the tree, steal the mangoes and run away.
the natives (only the anti-immigrants) want to cut down the tree so that no immigrant gets a mango
a majority or us who are waiting patiently are the law abiding ...but we wait for the mango to fall on our head rather than doing something to make the mango fall ..while waiting we fight and discuss silly issues (whether we should buy a house - how to get our maid on visa :)).
some of us while our status was on quick sand - went ahead and built a house thinking that GC would follow
now if only all of us were to come up with an effective plan and shake the tree or throw tons of stones on the tree ..then maybe everyone would get a mango sooner.
------------
I have one such idea (this does not cost much money) ..let us all go and meet realtors / home brokers etc ..show genuine interest in buying a house but after few days tell the realtor that since GC has been delayed ..u are cancelling your interest in home buying.
those who are homeowners already (with more at stake) ..should contact lawmakers that because of gc delays ...your house is at risk.
WARNING ...before attacking this idea ..come up with a better one
Good one. Just be cautious when we start throwing tones of stones, all those that will miss target will be coming towards us standing on the otherside.:)
more...
EndlessWait
01-23 01:26 PM
Still waiting.. there processing time says July still.
Radhika
07-01 02:56 PM
I am also ready to join in the lawsuit.
I didn't presser my parents about the bc and i took INS doctors appointment next week, thinking that dates are current for complete month why rush? so I can't file by tomorrow
I didn't presser my parents about the bc and i took INS doctors appointment next week, thinking that dates are current for complete month why rush? so I can't file by tomorrow
more...
lalithkx
04-22 04:02 PM
Worried that my dates will become current and no I140 approval in sight
EB2
PD 04-27-2004
RD at NSC 07-24-2007
ND at TSC 09-14-2008
I-140 Status pending
EB2
PD 04-27-2004
RD at NSC 07-24-2007
ND at TSC 09-14-2008
I-140 Status pending
vijayam
09-18 10:53 AM
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.
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.
more...
felix31
11-15 05:16 PM
And dont forget that teacher's H1 also comes under the cap. You would need to get interviewed for a position and get an offer before April 1st, so that application can be received at USCIS on April 1st.
Usually, H1s run out within couple of days, last time it was one day or two days. I forgot the details.
The only way to avail of Masters H1 cap is to have US Masters degree.
Some schools also do J1 for teachers. Try VIF program at www.vifprogram.com
Once you get into the school system you can also go for a masters degree and if the school principle wants to keep you, HR can file for your H1. All that is possible if you immediately file for a Home Country Requirement waiver.
It sounds complicated, but for teachers this may be the only open route.
H1 visas are in such high demand anyway.
Hope this helps!
Good luck!
Usually, H1s run out within couple of days, last time it was one day or two days. I forgot the details.
The only way to avail of Masters H1 cap is to have US Masters degree.
Some schools also do J1 for teachers. Try VIF program at www.vifprogram.com
Once you get into the school system you can also go for a masters degree and if the school principle wants to keep you, HR can file for your H1. All that is possible if you immediately file for a Home Country Requirement waiver.
It sounds complicated, but for teachers this may be the only open route.
H1 visas are in such high demand anyway.
Hope this helps!
Good luck!
vin13
01-10 08:58 AM
What do you mean by
"Can an attorney force me to file AC-21 even if i dont want to?"
Are you asking if the attorney would file the change of employment letter?
Please clarify your question
"Can an attorney force me to file AC-21 even if i dont want to?"
Are you asking if the attorney would file the change of employment letter?
Please clarify your question
more...
pappu
07-01 11:25 PM
You need not worry about maintaining your H1B status in order to file for 485. Your 140 is already approved so when your date arrives to file for 485 you can file for it from Canada. You can come and work again based on your 485. You may go for councellor processing for your GC and get it outside the country. Councellor processing might even be faster than waiting inside US at 485 stage for long times until one finally get actual GC in hand.
I commend your planning and applying for Canadian PR in time as plan B.
I commend your planning and applying for Canadian PR in time as plan B.
arindamb
03-17 01:02 PM
pardon me for the confusion. When I meant online notification I meant the USCIS case status service page at https://egov.uscis.gov/cris/jsps/index.jsp
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
H1BDreamer
05-27 09:48 AM
Hi, I'm very tensed. I applied for H-1B under master CAP. I have finished all degree requirements including depositing PhD thesis. However, at the time of filing I could not wait for a letter from the registrar (it takes 5 business days).
So, I filed with a letter from my dept. The letter has the letterhead of the university and states that I completed all degree requirements and will graduate May 13th. It is signed by the dept associate dean.
Would that suffice? Could the petition be denied?
I have seen some denials but all for ppl who hasn't actually completed all requirements at the time of filing.
Thanks for any replies.
So, I filed with a letter from my dept. The letter has the letterhead of the university and states that I completed all degree requirements and will graduate May 13th. It is signed by the dept associate dean.
Would that suffice? Could the petition be denied?
I have seen some denials but all for ppl who hasn't actually completed all requirements at the time of filing.
Thanks for any replies.
dicarol18
07-26 02:10 PM
I got the Receipt Notice for the 140...I sent my 140-485-765 on June 30, reached Nebraska on July 2...my file was sent to Texas and July 12 they sent the Receipt Notice for the 140 ...I hope that after they changed the visa bulletin on July 17, I will receive the rest of the Receipts...
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