desi3933
07-09 11:57 AM
Is the 3yr extension based on an approved 140 transferrable to another employer for the full duration of 3 yrs?
Yes. As long as I-140 is not canceled or revoked.
___________________
Not a legal advice.
Yes. As long as I-140 is not canceled or revoked.
___________________
Not a legal advice.
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martinvisalaw
06-16 11:09 AM
Not all non-profits are cap-exempt.
He could theoretically apply for a change of status from B-2 to H-1B. However he should not be using the B-2 to look for work. Any change of status, or H-1B visa application at a consulate, might bring up the questions of his activities in B-2 status, and whether he misrepresented anything. If he found a job while in the US in B-2 status, his activities in B-2 status might be questioned.
He could theoretically apply for a change of status from B-2 to H-1B. However he should not be using the B-2 to look for work. Any change of status, or H-1B visa application at a consulate, might bring up the questions of his activities in B-2 status, and whether he misrepresented anything. If he found a job while in the US in B-2 status, his activities in B-2 status might be questioned.
shan74
06-07 08:26 AM
this is related to family sponsored by citizens and green card holders.
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prav27
01-20 09:45 PM
I asked my company attoreny about this.. he said that immigration petition is I-140 and as I-140 is not filed for your wife (I-485 is already filed for my wife) so I should say No there for my wife's form.
You are right , I just got the same information from my employer and the attorney that I-140 is the visa petition and not the I-485.So for H4 dependents the answer should be "NO"
You are right , I just got the same information from my employer and the attorney that I-140 is the visa petition and not the I-485.So for H4 dependents the answer should be "NO"
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arthi123
11-19 10:14 PM
Thank u very much!!!!
snathan
09-15 04:07 PM
I am an Indian citizen. I have an approved I-140 under National Interest Waiver with a PD of Aug 31, 2007. I am now a permanently employed scientist at a National Lab. I think I am now eligible for application under EB-1 Outstanding researcher category. Is it possible to apply for I-485 without another I-140? It will take quite some time to secure all the recommendation letters to apply for EB-1 (OR). I am wondering if I can bypass the whole process of I-140 and directly apply for adjustment of status based on my approved I-140 saving time and effort.
Thanks in advance for any answer.
You need to start from ground zero...EB2 NIW is different from EB1, so you can not use the EB2-140
Thanks in advance for any answer.
You need to start from ground zero...EB2 NIW is different from EB1, so you can not use the EB2-140
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raysaikat
05-20 09:23 AM
Hello, I'm Hyoung and I'm graduate student at Purdue University.
I handed in my paperworks to extend my I-20 before more than 2 weeks ago that is expired. But recommendation reason that my academic advisor wrote was not appropriate and that was "Keep studying Ph.D". I am planning to graduate my masters in August. And I-20 is expired on May/16.
Actually, I was notified that issue 5 working days before from ISS in my school that the reason is not appropriate and handed in a new recommendation form one day after when my I-20 expired.
At this case, do I need to follow applying procedure for a reinstatement with application fee $300?
I'm so depressed because I did everything that I could do to prevent this problem. But whenever I email to ISS of the school, the answer was that I should finish my masters within May/16 that is impossible for me. And Finally, they emailed me that I need to apply reinstatement now.
If there is some tips to resolve this issue that you can tell me, could you let me know?
Thank you so much
Regards
You need to follow what your school's ISS is asking you to do. If your concern is the $300, and if you believe that ISS was at fault for not notifying you earlier, etc., then you can bring that up with someone at ISS and ask them to waive the fee.
I handed in my paperworks to extend my I-20 before more than 2 weeks ago that is expired. But recommendation reason that my academic advisor wrote was not appropriate and that was "Keep studying Ph.D". I am planning to graduate my masters in August. And I-20 is expired on May/16.
Actually, I was notified that issue 5 working days before from ISS in my school that the reason is not appropriate and handed in a new recommendation form one day after when my I-20 expired.
At this case, do I need to follow applying procedure for a reinstatement with application fee $300?
I'm so depressed because I did everything that I could do to prevent this problem. But whenever I email to ISS of the school, the answer was that I should finish my masters within May/16 that is impossible for me. And Finally, they emailed me that I need to apply reinstatement now.
If there is some tips to resolve this issue that you can tell me, could you let me know?
Thank you so much
Regards
You need to follow what your school's ISS is asking you to do. If your concern is the $300, and if you believe that ISS was at fault for not notifying you earlier, etc., then you can bring that up with someone at ISS and ask them to waive the fee.
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hyoungill
04-28 09:04 AM
Thank you very much, baba84!
Here are description of "a" and "b" or "h". in I485 Part2.
We are supposed to mark one reason for an adjustment to permanent resident.
Part 2 says
I am applying for an adjustment to permanent resident status because:
"a": an immigrant petition giving me an immediately available immigrant visa number has been approved. (Atttach a copy of the approval notice-- or a relative, special immigrant juvenile or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.)
"b": my spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant visa category that allows derivative status for spouses and children.
"h": Other basis of eligibility. Explain (for example, I was admitted as a refugee, my status has not been terminated, and I have been physically present in the U.S. for one year after admission). If additional space is needed, use a separate piece of paper.
Thanks!!!
Here are description of "a" and "b" or "h". in I485 Part2.
We are supposed to mark one reason for an adjustment to permanent resident.
Part 2 says
I am applying for an adjustment to permanent resident status because:
"a": an immigrant petition giving me an immediately available immigrant visa number has been approved. (Atttach a copy of the approval notice-- or a relative, special immigrant juvenile or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.)
"b": my spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant visa category that allows derivative status for spouses and children.
"h": Other basis of eligibility. Explain (for example, I was admitted as a refugee, my status has not been terminated, and I have been physically present in the U.S. for one year after admission). If additional space is needed, use a separate piece of paper.
Thanks!!!
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vban2007
10-24 10:19 AM
This is a mad rush
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fromnaija
12-16 12:10 PM
Dont we need to go to the home country for transfering from H4 to F1? Can we do it by staying in the US itself?
Thanks
No, you don't have to go out of the US. File I-539 including documents from school.
Thanks
No, you don't have to go out of the US. File I-539 including documents from school.
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singhsa3
12-13 12:55 PM
They do keep record of when you called and what did you call about. I can tell that from personal experience.
In my case , I called them about Name Check and I was told that I called them earlier asking the same question and was asked to check back when 120 days are over.
This was the first time I called up the USCIS help desk (1-800-375-5283) to find about AC21 180 days rule, when she asked what is this for I informed for change of employer.
I would like to know if that statement would be noted and would it create me any problems in future, as of now I don�t have any plans to change employer.
Any suggestions are greatly appreciated.
My Case Details:
PD: EB2- 2006.
I-140 Cleared.
EAD: Received.
FP: Completed
In my case , I called them about Name Check and I was told that I called them earlier asking the same question and was asked to check back when 120 days are over.
This was the first time I called up the USCIS help desk (1-800-375-5283) to find about AC21 180 days rule, when she asked what is this for I informed for change of employer.
I would like to know if that statement would be noted and would it create me any problems in future, as of now I don�t have any plans to change employer.
Any suggestions are greatly appreciated.
My Case Details:
PD: EB2- 2006.
I-140 Cleared.
EAD: Received.
FP: Completed
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acecupid
07-08 04:31 PM
Just go to online address change and do it for all your petitions.
On another note, is it true that people are getting RFEs when they do address change? Has anyone faced this?
What I have heard is that if your new address is 200+ miles away from the old address, you are most certainly going to get a EVL RFE. One of my friends' recently changed his address within the same city and never got RFE.
On another note, is it true that people are getting RFEs when they do address change? Has anyone faced this?
What I have heard is that if your new address is 200+ miles away from the old address, you are most certainly going to get a EVL RFE. One of my friends' recently changed his address within the same city and never got RFE.
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greencard_fever
07-31 05:45 PM
Can you tell us where that thread is?
Thanks
http://immigrationvoice.org/forum/showthread.php?t=20230
Thanks
http://immigrationvoice.org/forum/showthread.php?t=20230
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immigrationvoice1
12-20 12:19 PM
My wife changed her status from B2 to H1 in US.Her H1 was approved without any problems.Could that cause any probelms in the future when she applies for green card.What is the chance to get her H1 denied in the consulate if she travels abroad because she changed from visitor to work visa in US?
Thanks
If the gap between arriving on B2 and converting to H1B was less than 3 months, there could be a problem with "intent" as H1 is considered a dual intent (temporary non-immigrant worker who may have the intention of applying for a permanent immigrant visa i.e., GC) visa while B2 is not. While filling up the B2 application, there is a question which we need to answer NO asking this very question. I assume your wife answered NO during the B2 process. So, with H1 in less than 3 months (if this is the case) or arrival, she has "lied" in her B2 application as per the immigration laws.
I may be wrong.Please consult an attorney if needed.
Thanks
If the gap between arriving on B2 and converting to H1B was less than 3 months, there could be a problem with "intent" as H1 is considered a dual intent (temporary non-immigrant worker who may have the intention of applying for a permanent immigrant visa i.e., GC) visa while B2 is not. While filling up the B2 application, there is a question which we need to answer NO asking this very question. I assume your wife answered NO during the B2 process. So, with H1 in less than 3 months (if this is the case) or arrival, she has "lied" in her B2 application as per the immigration laws.
I may be wrong.Please consult an attorney if needed.
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amdn123
02-04 05:55 PM
I meant to ask about a turks & caicos visa. It is a british overseas territory but doesn't seem to require a visa from anyone.
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tkumar03
07-01 04:12 PM
Hi
I got my GC approved for me and son (I485 application) in Nov 2007. I got my gc, whereas for my son who is 7 year old though he got I485 approved yet he did not get his GC. They mentioned they might need his finger print and so far no response from them. This is despite several follow up with them.
Last year 7 months he was not in US and now can he go to India and he will be there rest of this year.
Will it affect his GC and when will he get his GC?
thanks
Kumar
I got my GC approved for me and son (I485 application) in Nov 2007. I got my gc, whereas for my son who is 7 year old though he got I485 approved yet he did not get his GC. They mentioned they might need his finger print and so far no response from them. This is despite several follow up with them.
Last year 7 months he was not in US and now can he go to India and he will be there rest of this year.
Will it affect his GC and when will he get his GC?
thanks
Kumar
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sorcerer666
10-06 02:06 AM
Exactly my thoughts, that means we can work remotely :)
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ppt.b
07-15 11:19 AM
I am in
July tends to be a busy month for my husband at work because of deadlines on august 1 (even on weekends). However, we will try to make it if we can, definitely in august.
July tends to be a busy month for my husband at work because of deadlines on august 1 (even on weekends). However, we will try to make it if we can, definitely in august.
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giveme_gc
10-17 02:38 PM
I have got federal loan under this same situation. Wondering why you need a private loan ?
neeidd
08-31 05:52 PM
Hi,
Would some one post info on how to get directly to level 2 or 3 USCIS customer service rather than level 1. I Called USCIS couple of times, the customer said I need to wait 90 days to check the status with them. I filed in July and have no receipt. I would like to know whether my case is entered in USCIS database. Please guide!
Thanks
Would some one post info on how to get directly to level 2 or 3 USCIS customer service rather than level 1. I Called USCIS couple of times, the customer said I need to wait 90 days to check the status with them. I filed in July and have no receipt. I would like to know whether my case is entered in USCIS database. Please guide!
Thanks
Prashanthi
07-22 05:50 PM
Hi
My H1 is due for extension this year end.
Valid period of H1 remaining is 1 1/2 year since extension
I understand that H1 extension has to go through the rigorous procedure nowadays.
It needs client letter stating that project will last for 1 year.
Getting such letter is not possible.
So having I140 approved makes thing easy for H1 extension? Or same process for h1 extension is followed
Please reply
Thanks
Abbey
Same process for a H-1 even if you get an I-140 approval, they may not require the client to say that the project will last for 1 year, i have seen that it is sufficient to say that the project is extendable. Ofcourse you might get an officer who is unreasonable, in which case you can file an appeal, no requirement in the law to ask for an 1 year contract to get a H-1.
My H1 is due for extension this year end.
Valid period of H1 remaining is 1 1/2 year since extension
I understand that H1 extension has to go through the rigorous procedure nowadays.
It needs client letter stating that project will last for 1 year.
Getting such letter is not possible.
So having I140 approved makes thing easy for H1 extension? Or same process for h1 extension is followed
Please reply
Thanks
Abbey
Same process for a H-1 even if you get an I-140 approval, they may not require the client to say that the project will last for 1 year, i have seen that it is sufficient to say that the project is extendable. Ofcourse you might get an officer who is unreasonable, in which case you can file an appeal, no requirement in the law to ask for an 1 year contract to get a H-1.
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