eb3_nepa
07-20 09:01 PM
Can you please provide me a bit more insight for this topic or please point me where i can get some more details, if possible.
I'm on H1B 8th year, stuck with EB3 Retro with a priority date of Nov/03. My wife has a PhD in Molecular Biology, one of the hot subjects all across the globe.
I'll truly appreciate
You can consult any lawyer. To the best of my knowledge you dont need employer sponsorship if ur a PhD although i could be wrong.
I'm on H1B 8th year, stuck with EB3 Retro with a priority date of Nov/03. My wife has a PhD in Molecular Biology, one of the hot subjects all across the globe.
I'll truly appreciate
You can consult any lawyer. To the best of my knowledge you dont need employer sponsorship if ur a PhD although i could be wrong.
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Humhongekamyab
08-21 11:24 AM
once and for all.. the adjudicators dont answer calls. its just cust service people...who are contractors. so if u dont call them.. all they will be doing is sitting around doing nothing.
Stop spreading misinformation. Why do they have 1800 number if the have a same set of person sitting at the US CIS office and the reason why the 1800 ppl do not transfer every call to the US CIS is because they don't want to disturb them. It is exactly because of information like this that the processing is getting delayed. The official stance of the US CIS is that you should contact 1800 number, period. If you have a written/published link which says that the ppl sitting at the service center are NOT adjudicators and are there to provide status updates then kindly share otherwise please do not spread rumours. Further if the IIO are there to provide status updates then why all of a sudden they have stopped doing that?
Stop spreading misinformation. Why do they have 1800 number if the have a same set of person sitting at the US CIS office and the reason why the 1800 ppl do not transfer every call to the US CIS is because they don't want to disturb them. It is exactly because of information like this that the processing is getting delayed. The official stance of the US CIS is that you should contact 1800 number, period. If you have a written/published link which says that the ppl sitting at the service center are NOT adjudicators and are there to provide status updates then kindly share otherwise please do not spread rumours. Further if the IIO are there to provide status updates then why all of a sudden they have stopped doing that?
acecupid
06-26 10:01 AM
I jst got an update on my and my wife I-485; i am not sure what it is about as i have not received the RFE yet.....but i think they are asking for our BC as we did not provide them when we applied for I-485;
I want to know that is it OK if i provide USCIS with the 2 AFFIDEVITS, one for me and one for my wife stating all the information such as Name, Date of Birth, City of Birth, Country of Birth, Mothers Name and Fathers Name.
Gettign the birth certificate is a very long procedure and i dont think i would have them soon. So i was wondering will it be OK if i provide them with the Affidevits. Will USCIS accept it!!!!
Lastly, i would appreciate if some one can give me the template that what text should be included in the affedevit !!!!
Thanks in advance !!!!!
My dear friend from Pakistan,
why were you waiting for so long since you applied for I-485 to arrange for birth certificate ? Now you have to scramble due to the RFE end date. Anyways, here is the solution. You can provide 2 affidavits from your parents for each of you (i.e. you and wife) and also a birth certificate from pakistani consulate in US. I am not sure if the pakistani consulate issues birth certificates, but you can try. Keep in mind that the BC issued by the consulate is not sufficient by itself. You can just provide that as secondary/additional proof. You will still need the affidavits. Below is a format for father's affidavit. You can use similar wording for mother. I hope that helps you... Good luck!
================================================== ====
I, <fathers name>, aged XXyears, son of <grandfathers name>, residing at <address> do hereby state that the following is true and accurate to the best of my knowledge:
1. I am a citizen of <country>
2. I am the father of <your name>
3. I was born on <birthdate> in <location>
4. I was living in <your birth place> in <month and year of your birth>
5. I personally know that <your name> was born on <birth date> in <location, state, country> at <hospital name> from the valid wedlock of me and my wife <mothers name> and I know the fact of his birth because of my relationship to him.
I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.
I want to know that is it OK if i provide USCIS with the 2 AFFIDEVITS, one for me and one for my wife stating all the information such as Name, Date of Birth, City of Birth, Country of Birth, Mothers Name and Fathers Name.
Gettign the birth certificate is a very long procedure and i dont think i would have them soon. So i was wondering will it be OK if i provide them with the Affidevits. Will USCIS accept it!!!!
Lastly, i would appreciate if some one can give me the template that what text should be included in the affedevit !!!!
Thanks in advance !!!!!
My dear friend from Pakistan,
why were you waiting for so long since you applied for I-485 to arrange for birth certificate ? Now you have to scramble due to the RFE end date. Anyways, here is the solution. You can provide 2 affidavits from your parents for each of you (i.e. you and wife) and also a birth certificate from pakistani consulate in US. I am not sure if the pakistani consulate issues birth certificates, but you can try. Keep in mind that the BC issued by the consulate is not sufficient by itself. You can just provide that as secondary/additional proof. You will still need the affidavits. Below is a format for father's affidavit. You can use similar wording for mother. I hope that helps you... Good luck!
================================================== ====
I, <fathers name>, aged XXyears, son of <grandfathers name>, residing at <address> do hereby state that the following is true and accurate to the best of my knowledge:
1. I am a citizen of <country>
2. I am the father of <your name>
3. I was born on <birthdate> in <location>
4. I was living in <your birth place> in <month and year of your birth>
5. I personally know that <your name> was born on <birth date> in <location, state, country> at <hospital name> from the valid wedlock of me and my wife <mothers name> and I know the fact of his birth because of my relationship to him.
I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.
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glus
11-06 02:30 PM
If I renew my H1B can I avoid visa stamping by using the AP travel document.
I still intend to use my H1B as long as I stay with my current employer, but If I want to change employers or take a different job EAD would be the way to go, in that case would my H1B be invalidated?
I am concerned if I use EAD for a future job and 485 gets into trouble can I fall back to my H1B easily?
Thanks to all for the responses.
If you renew your H-1B, you can the U.S. re-enter on AP, but you will not receive I-94 with H-1B status and you will be a "parolee," which is not any nonimmigrant status. It is safer to just get H-1B stamped.
I still intend to use my H1B as long as I stay with my current employer, but If I want to change employers or take a different job EAD would be the way to go, in that case would my H1B be invalidated?
I am concerned if I use EAD for a future job and 485 gets into trouble can I fall back to my H1B easily?
Thanks to all for the responses.
If you renew your H-1B, you can the U.S. re-enter on AP, but you will not receive I-94 with H-1B status and you will be a "parolee," which is not any nonimmigrant status. It is safer to just get H-1B stamped.
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shana04
10-14 02:48 PM
All:
My parents are going to visit USA first time. Does anyone of you suggest Medical Insurance information ? I am not sure which company I should choose for visitor Medical Insurance.
I bought Visit insurance for my parents when they visited USA. Infact one of my friend who is a doctor has suggested me this.
Here is the link www.visitinsurance.com
I believe I have opted for Plan A.
Good luck on that.
My parents are going to visit USA first time. Does anyone of you suggest Medical Insurance information ? I am not sure which company I should choose for visitor Medical Insurance.
I bought Visit insurance for my parents when they visited USA. Infact one of my friend who is a doctor has suggested me this.
Here is the link www.visitinsurance.com
I believe I have opted for Plan A.
Good luck on that.
smccrea
03-14 05:31 PM
What if a person creates a company (a c-corp) say to run a restaurant and works in it. I know a foreign national can own a corporation in the U.S.; but are there any estrictions on working in your own business?
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apb
09-14 06:52 PM
I missed out on this one...
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Ann Ruben
07-20 07:03 AM
The outcome in a case like this depends on the specific State's criminal code, and the individual's specific record. I cannot tell you for sure that USCIS will seek to remove your son, but I would strongly advise your son and his criminal lawyer to consult with an experienced immigration lawyer before going further.
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mantagon
07-15 01:01 PM
If your wife has given the EAD info to her employer (may be through W-9 form), then she does not have to report the change of status to USCIS, rather the employer is responsible for the notification.
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GCwaitforever
02-06 04:40 PM
Hi,
What is legally considered as "Permanent Residency approval date" - is it the approval of I485/getting greencard or is it the approval of I140. Sometimes the I140 referred to as an immigrant petition. As we know the process is once this immigrant petition (I14) is approved we apply for adjustment of status as a permanent resident thru II485 - so legally - can we consider that until I485 is not approved, our permanent residence applicaiton is pending?
This is to interpret a reimburse agreement I signed (bad thing to do - but I was naive then and signed a very vague repayment statement). But somewhat good thing is the agreement talks about staying for 2 years "after" the permanent residence is approved. If things get bad - I am hoping that this language might save me. Any thoughts?
- kd
Why do you worry about something that is so far off in future? Given the current retrogression, it takes three or four years anyway for GC to be approved.
Also not all agreements are enforceable. An agreement has to have give and take - Employer offers something and Employee offers something. They can not claim in agreement that you work for them for two years without specifying what they are doing for you in return. So you may ignore the paper agreement completely. Check with an attorney.
What is legally considered as "Permanent Residency approval date" - is it the approval of I485/getting greencard or is it the approval of I140. Sometimes the I140 referred to as an immigrant petition. As we know the process is once this immigrant petition (I14) is approved we apply for adjustment of status as a permanent resident thru II485 - so legally - can we consider that until I485 is not approved, our permanent residence applicaiton is pending?
This is to interpret a reimburse agreement I signed (bad thing to do - but I was naive then and signed a very vague repayment statement). But somewhat good thing is the agreement talks about staying for 2 years "after" the permanent residence is approved. If things get bad - I am hoping that this language might save me. Any thoughts?
- kd
Why do you worry about something that is so far off in future? Given the current retrogression, it takes three or four years anyway for GC to be approved.
Also not all agreements are enforceable. An agreement has to have give and take - Employer offers something and Employee offers something. They can not claim in agreement that you work for them for two years without specifying what they are doing for you in return. So you may ignore the paper agreement completely. Check with an attorney.
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alterego
08-30 07:05 PM
They will reply to all the SRs and Infopass that the applications are not more than a month outside of normal processing times, so they would not reply. The Processing times were moved to that July 2nd date for a specific reason.
I think that if they have some numbers they might start looking at older RD/PD. Believe it or not, they have many pending 485s with RDs even a lot earlier than July 2007.
Lets hope no numbers are lost. If they accomplish this and clear out all the 2004 PDs and earlier than 2007 July 2nd RD, that would be reasonable.
All that said, I have no trust in their communication or their abilities.
I think that if they have some numbers they might start looking at older RD/PD. Believe it or not, they have many pending 485s with RDs even a lot earlier than July 2007.
Lets hope no numbers are lost. If they accomplish this and clear out all the 2004 PDs and earlier than 2007 July 2nd RD, that would be reasonable.
All that said, I have no trust in their communication or their abilities.
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Calouste
07-28 08:20 PM
quite interesting find...do you have a reference?
H-1B numbers:
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2000 (http://www.uscis.gov/files/article/FY2000Charact.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2001 (http://www.uscis.gov/files/article/FY2001Charact.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2002 (http://www.uscis.gov/files/article/FY2002Charact.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2003 (http://www.uscis.gov/files/article/FY03H1BFnlCharRprt.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2004 (http://www.uscis.gov/files/nativedocuments/H1B_FY04_Characteristics.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2005 (http://www.uscis.gov/files/nativedocuments/H1B_FY05_Characteristics.pdf)
India accounted for the following percentages of new H-1B visa issued:
FY 2000 : 44.5 %
FY 2001 : 45.2 %
FY 2002 : 20.4 %
FY 2003 : 27.8 %
FY 2004 : 46.0 %
FY 2005 : 49.0 %
Note that this is only H-1B and doesn't include other high skilled immigrant visa like L1 and TN.
H-1B numbers:
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2000 (http://www.uscis.gov/files/article/FY2000Charact.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2001 (http://www.uscis.gov/files/article/FY2001Charact.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2002 (http://www.uscis.gov/files/article/FY2002Charact.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2003 (http://www.uscis.gov/files/article/FY03H1BFnlCharRprt.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2004 (http://www.uscis.gov/files/nativedocuments/H1B_FY04_Characteristics.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2005 (http://www.uscis.gov/files/nativedocuments/H1B_FY05_Characteristics.pdf)
India accounted for the following percentages of new H-1B visa issued:
FY 2000 : 44.5 %
FY 2001 : 45.2 %
FY 2002 : 20.4 %
FY 2003 : 27.8 %
FY 2004 : 46.0 %
FY 2005 : 49.0 %
Note that this is only H-1B and doesn't include other high skilled immigrant visa like L1 and TN.
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xela
06-18 07:55 AM
I never saw a change from the April 30th LUD and got the CPO yesterday.
So dont get too concerend if after the receipt notice LUDs you do not see any movement, seems like it goes straight from that to CPO!
Good luck for everyone who is still waiting! :)
So dont get too concerend if after the receipt notice LUDs you do not see any movement, seems like it goes straight from that to CPO!
Good luck for everyone who is still waiting! :)
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SK2007
11-29 05:15 PM
I am not too sure if USCIS would ask questions when I apply for h1B again in future through another company, about my not using my previous H1 aprooval for working in US.
I don't think USCIS will ask any questions if you are applying for a new H1 from a different company. You might have a problem if you are asking for a transfer as you have not uesd the current H1. Before coming to US, I had 3 H1Bs done by 3 different companies(in the span of 3 years). I used the last one and I had no problem. Actually I had the first H1 stamped and never used it. When I went for the 2nd stamping(before actually coming to US), they just cancelled the first one on my passport. Again, this was between 97 and 99, if things have changed now, I have no idea. I still did not get my GC either (10th year on H1B) so I don't know if that is going to be an issue in future.
I don't think USCIS will ask any questions if you are applying for a new H1 from a different company. You might have a problem if you are asking for a transfer as you have not uesd the current H1. Before coming to US, I had 3 H1Bs done by 3 different companies(in the span of 3 years). I used the last one and I had no problem. Actually I had the first H1 stamped and never used it. When I went for the 2nd stamping(before actually coming to US), they just cancelled the first one on my passport. Again, this was between 97 and 99, if things have changed now, I have no idea. I still did not get my GC either (10th year on H1B) so I don't know if that is going to be an issue in future.
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calboy78
11-10 01:55 PM
Hi friends,
My brother in NJ got his new passport at NY Indian consulate (since old one was expiring soon). They gave new passport which was valid for only one year - saying that they need valid unexpired visa-stamp to give 10 year validity passport.
They said that they will NOT accept
- valid unexpired EAD
- valid unexpired AP
- valid 485 receipt
- even valid unexpired H1 approval notice (my brother still has H1 in addition to AP)
...Now it is so absurd that, even if my bro went for visa stamping (which he isn't planning), he will not probably be issued 3 yr visa as passport is valid for very short duration. A chicken and egg problem.
In addition why do Indian consulate worry about our visa status for determining passport validity duration ? If they do care then at least they must accept the legal documents (ead/ap/485 receipt/h1 approval notice) to make a decision.
I will appreciate if anyone has a solution to this problem. All answers appreciated.
I am so sad (and mad) that lawmakers of our country are still haunting us while we are away from our country and trying to contribute to its progress.
My brother in NJ got his new passport at NY Indian consulate (since old one was expiring soon). They gave new passport which was valid for only one year - saying that they need valid unexpired visa-stamp to give 10 year validity passport.
They said that they will NOT accept
- valid unexpired EAD
- valid unexpired AP
- valid 485 receipt
- even valid unexpired H1 approval notice (my brother still has H1 in addition to AP)
...Now it is so absurd that, even if my bro went for visa stamping (which he isn't planning), he will not probably be issued 3 yr visa as passport is valid for very short duration. A chicken and egg problem.
In addition why do Indian consulate worry about our visa status for determining passport validity duration ? If they do care then at least they must accept the legal documents (ead/ap/485 receipt/h1 approval notice) to make a decision.
I will appreciate if anyone has a solution to this problem. All answers appreciated.
I am so sad (and mad) that lawmakers of our country are still haunting us while we are away from our country and trying to contribute to its progress.
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santb1975
02-14 12:03 AM
These are lengthy but...
Have you heard of the issues faced by Higly skilled Legal Immigrants in US?. Visit Immigration Voice.org
Are you a Highly Skilled Legal Immigrant unable to use your skills and serve United States?
Have you heard of the issues faced by Higly skilled Legal Immigrants in US?. Visit Immigration Voice.org
Are you a Highly Skilled Legal Immigrant unable to use your skills and serve United States?
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realizeit
03-20 09:12 PM
jnraajan: Yes, you are right! That's what I was saying too.
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tisha
11-05 03:17 PM
Hi,
I actually have an O-1 non immigrant visa that will expire in about 6 months, I also have so many doubts, hope you can help me.
1. Do you know if I-140 Premium Processing is available for EB-1A (extraordinary ability immigrant alien) with an employment based petition?
2. If it is, can I file together the I-140 and I-485 (with premium processing)and does this will make the process faster or do you recommend to do them separately?
3. After filing the I-140 can I travel or do I need a special permission?
Thank you very much for your help
I actually have an O-1 non immigrant visa that will expire in about 6 months, I also have so many doubts, hope you can help me.
1. Do you know if I-140 Premium Processing is available for EB-1A (extraordinary ability immigrant alien) with an employment based petition?
2. If it is, can I file together the I-140 and I-485 (with premium processing)and does this will make the process faster or do you recommend to do them separately?
3. After filing the I-140 can I travel or do I need a special permission?
Thank you very much for your help
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rrajasekar
08-11 09:38 AM
We have written a letter to our congressman asking if he could help expediting the process. They called us yesterday and said that they would try to do their best though they couldn't promise on the outcome.
gene-O
10-20 05:27 PM
Hello! I'm on H1B, and my spouse is on H4. We received an ITIN for my spouse for our taxpaying needs. My spouse managed to get employed using the ITIN. We filed a joint tax return this year. We received a letter from SS administration saying "We cannot put these earnings on your Social Security record until the name and SSN reported agree with our records." My lawyer says: "your spouse is now barred from GC, because when she's worked for more than X amount of days she became OOS."
When the time will come for my employer to process my GC, what consequences will my spouse's unauthorised employment have on Her ability to receive a Greencard? What are the ways to rectify the situation? Appeals? Special provisions/clauses? Cost?
Thank you,
When the time will come for my employer to process my GC, what consequences will my spouse's unauthorised employment have on Her ability to receive a Greencard? What are the ways to rectify the situation? Appeals? Special provisions/clauses? Cost?
Thank you,
sdrblr
09-24 09:09 PM
I won't be surprised if they pull a quick July 07 or something on those lines to collect more money for filing and renewal of EAD/ AP
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