theOne
05-11 09:33 PM
I have a green card, I plan on getting married. What would be the approximate time to get a green card processed for my future wife ? I am originally from India.
Thank you.
Thank you.
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ujjvalkoul
07-06 10:23 AM
Please suggest on this I-140 RFE by USCIS:
Here is what USCIS states:
Your Petition indicates that you r applying for Professional with Advanced Degree or exceptional Ability . According to ETA 9089 submitted with ur peition the min reeqmnts you are wiling to accept are less than MS degreee. Part H of ETA 9089 indicates employer will accept BS + 72 months of Exp.
Advanced Deg is defined by US academic of Proff or a Foreign equivalent above BS. In the alternative US BS or a foriegn equiv degree followed by at least five years of progressive experience in the speciality shall be considered equiv to MS degree. ETA 9089 did not allow for any alternative combination of Education and Experience that is acceptable.
There is no other definition of Advanced Degree. Service therefore finds that the certified ETA 9089 does not support the filing of I-140 in teh requested classification. You are therefor afforded this chance to amend yout I-140.
================================================== ======
My lawyer has send back info that BS + 5 qualifies for EB2 (which USCIS agrees to in their explaination above). However, i believe my Degrees and Exp Letters provided already prove that. I am woried that USCIS may be asking for something else here. Looks like they simply failed to interpret that 72 months = 6 years.
Here is what USCIS states:
Your Petition indicates that you r applying for Professional with Advanced Degree or exceptional Ability . According to ETA 9089 submitted with ur peition the min reeqmnts you are wiling to accept are less than MS degreee. Part H of ETA 9089 indicates employer will accept BS + 72 months of Exp.
Advanced Deg is defined by US academic of Proff or a Foreign equivalent above BS. In the alternative US BS or a foriegn equiv degree followed by at least five years of progressive experience in the speciality shall be considered equiv to MS degree. ETA 9089 did not allow for any alternative combination of Education and Experience that is acceptable.
There is no other definition of Advanced Degree. Service therefore finds that the certified ETA 9089 does not support the filing of I-140 in teh requested classification. You are therefor afforded this chance to amend yout I-140.
================================================== ======
My lawyer has send back info that BS + 5 qualifies for EB2 (which USCIS agrees to in their explaination above). However, i believe my Degrees and Exp Letters provided already prove that. I am woried that USCIS may be asking for something else here. Looks like they simply failed to interpret that 72 months = 6 years.
waitin_toolong
09-17 06:38 PM
2...... Or Not At All
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Prashanthi
05-27 05:19 PM
In order to do this, she will have to leave the country and apply for a H-1b consular processing. Get a new visa and come back into the county on H-1. She cannot file for a change of status to H-1 from AOS.
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jediknight
08-08 08:29 PM
It is possible to "interfile" in this situation, (See AFM Sec. 23.2(l) Transferring an Adjustment of Status Application from One Underlying Eligibility Basis to Another).
However, I do not think you can successfully interfile until your wife's 2010 PD is current. ( See AFM Sec. 23.2(l)(2)(L) The Priority Date must Be Current for the Basis to Which the Applicant Wishes to Convert).
Thanks Ann.
I was hoping that we could interfile before the PD becomes current, so the app could be pre-adjudicated :-)
- JK
However, I do not think you can successfully interfile until your wife's 2010 PD is current. ( See AFM Sec. 23.2(l)(2)(L) The Priority Date must Be Current for the Basis to Which the Applicant Wishes to Convert).
Thanks Ann.
I was hoping that we could interfile before the PD becomes current, so the app could be pre-adjudicated :-)
- JK
qasleuth
05-18 07:44 PM
Is there any law that prohibits termination of a worker during her PREGNANCY DISABILITY LEAVE (MATERNITY LEAVE) Or FMLA (Family and Medical Leave) on the basis that the USCIS didn't approve the petition (god forbid)?
Firstly, very sorry for your situation. Seems to be very tricky. I am no lawyer so take my .2 cents with a pinch of salt. I think you are intertwining two separate issues. FMLA may protect you during maternity leave (you need to read the act to see if you qualify) BUT USCIS not approving your petition has nothing to do with your pregnancy neither does your employer. Your employer can terminate you on the basis of non-approval of your H1 not that he is doing because of your pregnancy.
Firstly, very sorry for your situation. Seems to be very tricky. I am no lawyer so take my .2 cents with a pinch of salt. I think you are intertwining two separate issues. FMLA may protect you during maternity leave (you need to read the act to see if you qualify) BUT USCIS not approving your petition has nothing to do with your pregnancy neither does your employer. Your employer can terminate you on the basis of non-approval of your H1 not that he is doing because of your pregnancy.
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raydon
10-18 11:07 PM
http://www.elegantbay.com/main/amazingwoman.htm
That was real good. That person is a living definition of attitude.
That was real good. That person is a living definition of attitude.
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reachinus
08-06 07:07 PM
This is just my opinion. If I were you, I will go to the Airport and see an Immigration Office and have it corrected.
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pa_arora
06-25 01:45 PM
When we use the recent I94 (from the H1), do we need to say "were you inspected by an immigration officer?" as "yes"?
The start date for this should be the date of entry at the airport or the start date on the recent I94?
You were inspected by the immigration officer thats how you got the I94, there is no I-94 vending machines out there, atleast that I know of.
Your second question is not clear. Ur Date of Entry is ur start date of the I-94, so whats the question.
The start date for this should be the date of entry at the airport or the start date on the recent I94?
You were inspected by the immigration officer thats how you got the I94, there is no I-94 vending machines out there, atleast that I know of.
Your second question is not clear. Ur Date of Entry is ur start date of the I-94, so whats the question.
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GIDOC
07-15 12:09 AM
Good Job Geesee,
This is a good avenue for highlighting our issues. I will send her a letter also about retrogression and FBI namecheck issues.
This is a good avenue for highlighting our issues. I will send her a letter also about retrogression and FBI namecheck issues.
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Ann Ruben
01-21 08:41 PM
So, you are entitled to H-1 status through Sept. 2010. Most US consular officers would realize that the petition approval through Aug. 2011 is a mistake and either issue a visa valid only until 9/30/2010 or refuse to issue a visa until you obtain an amended petition approval with the correct validity date. If you do leave the US to go for visa stamping based on your current approval notice, there is a substantial risk that you will be stuck out for some time.
If it is essential that you be able to travel, my advise would be to have your current employer file an amended petition asking that the end date on the approval notice be changed to 9/30/2010. In that case, you will not be able to extend your H-1 status beyond 6 years unless both your labor cert. and I-140 are approved by 9/30/2010. Given current processing delays, this is unlikely.
Ann
If it is essential that you be able to travel, my advise would be to have your current employer file an amended petition asking that the end date on the approval notice be changed to 9/30/2010. In that case, you will not be able to extend your H-1 status beyond 6 years unless both your labor cert. and I-140 are approved by 9/30/2010. Given current processing delays, this is unlikely.
Ann
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Waitng4GC
03-24 08:47 PM
Recently my employer has decreased the hourly rate given for many years in the pay stub but providing the difference as bonus. Will it affect my EB2 Classification and I-485 approval.
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amo76
04-19 09:12 AM
Hello all,
My company merged with another one last year just after my I-140 was approved. I'm preparing to file I-485 (doing it myself) and I'm wondering what kind of documents/letters do I need to submit to USCIS to proof that my job wasn't affect by the merger and I'm still working in the same position.
I'd really like to send all required information to USCIS so that I don't have to reply to RFEs later on.
Any examples of letters or list of supporting documents will be appreciated.
Regards,
Alex
Contributing $20/month
My company merged with another one last year just after my I-140 was approved. I'm preparing to file I-485 (doing it myself) and I'm wondering what kind of documents/letters do I need to submit to USCIS to proof that my job wasn't affect by the merger and I'm still working in the same position.
I'd really like to send all required information to USCIS so that I don't have to reply to RFEs later on.
Any examples of letters or list of supporting documents will be appreciated.
Regards,
Alex
Contributing $20/month
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mhtanim
11-27 07:28 PM
Suppose I am employed in H-1b with employer �X� for position �A�. Employer �X� filed my Labor Certification and I-140 for a future position �B� and got both approved. Position �A� and position �B� have at least 50% different job duties.
I file my I-485 and it is pending for more than 180 days. I get a better offer from employer �Y�. Now, I want to transfer my H1-B to employer �Y� using AC21 portability rule. My job description with employer �Y� should be similar to position �A� or position �B�?
I file my I-485 and it is pending for more than 180 days. I get a better offer from employer �Y�. Now, I want to transfer my H1-B to employer �Y� using AC21 portability rule. My job description with employer �Y� should be similar to position �A� or position �B�?
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fromnaija
06-13 05:24 PM
He is probably stucked in name check. If that clears he will get the visa.
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sunkara9
05-09 03:34 PM
Yep, I would enclose a letter from my current employer. I wanted to know whether I can process without my new H1B approval notice
In your letter of sponsorship which employer you are going to mention? You will need a letter of employment from your employer.
In your letter of sponsorship which employer you are going to mention? You will need a letter of employment from your employer.
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ck_b2001
07-02 02:04 PM
Guys,
Making all EB visas current was not the right decision in the first place. That will just shift the backlog from one side to another. The only good thing was interim EAD and AP. When the visa bulletin will come out in mid Sep for FY2008 it will not be too bad provided they have already adjucated 60,000 cases in Jun and would be willing to accept more cases. The dates had already moved quite ahead in Jun 07. In Oct it may turnout to be "C" for some categories and show significant movement for others.
I hope we can still use our current medicals provided it is no later than on yr. we may have to sign the documents again with new sign date.
I am devastated myself but thats all we can do at this point. i really dont think lawsuit will do any good. uscis knows what they were doing. Though all this may help in creating a momentum for CIR, Skill Bill once again.
Making all EB visas current was not the right decision in the first place. That will just shift the backlog from one side to another. The only good thing was interim EAD and AP. When the visa bulletin will come out in mid Sep for FY2008 it will not be too bad provided they have already adjucated 60,000 cases in Jun and would be willing to accept more cases. The dates had already moved quite ahead in Jun 07. In Oct it may turnout to be "C" for some categories and show significant movement for others.
I hope we can still use our current medicals provided it is no later than on yr. we may have to sign the documents again with new sign date.
I am devastated myself but thats all we can do at this point. i really dont think lawsuit will do any good. uscis knows what they were doing. Though all this may help in creating a momentum for CIR, Skill Bill once again.
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vinodkumarn
08-05 12:10 PM
Please, can somebody post a format for the employment verfication letter to be shown at port of entry, i just want to make sure i have covered everything on the letter
I am travelling tomm and will be coming back on AP
Thanks
I am travelling tomm and will be coming back on AP
Thanks
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RajahRajah
06-05 01:49 PM
Former president's Bill Clinton and George W. Bush were both in Canada last week. Neither one of them knew that you now require a passport to re-enter the U.S. as of June 1st, from Canada. That should give you an idea of just how tuned in these people are.
venky08
07-30 06:28 PM
you can enter the country even a day before your visa expires, but the main thing here is the i-94 stamp where the immigration officer puts the duration of your stay...it will be till your visa expiry date. so it is better for you to have an approval for the extension so that you can get to stay till the expiry of your visa. do premium processing or something, you still have time...
i am not an attorney...check this out with your attorney...
i am not an attorney...check this out with your attorney...
munnu77
10-20 10:39 AM
With just 14 days left, it is getting more and more clear tht Obama is going to be the president of the US for atleat next 4 yrs, unless some miracle change the race in coming days. And Projected Senate looks like, democrats will have 60 or almost there which is required to bypass a filibuster and Dems would be incresing their lead in House.
Dont we have to strt sending emails to Obama,Pelosi and Reid after Nov 4th.
Dont we have to strt sending emails to Obama,Pelosi and Reid after Nov 4th.
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