sroyc
07-09 04:23 PM
I believe that it's the date of last physical entry into the U.S.
I'm in a similar situation and my lawyer filled that.
Dear fellow IV members,
I was just referring to my first application for EAD filed by my lawyer (july filer)
For Q#12 - Date of last entry into the US - my lawyer had entered (05/10/2007) - the H1-B approval date in date of last entry in to US - is this because of the new I-94 attached to H1-B approval notice?
But the I-94 in the passport shows my actual physical entry into US after my last visit outside the country - 08/10/2006.
I have not traveled outside the country after renewing my H1-B.
Which date did you guys put - the actual date of physical entry or the I-94 start date after renewal of H1-B?
Thank you!!!
I'm in a similar situation and my lawyer filled that.
Dear fellow IV members,
I was just referring to my first application for EAD filed by my lawyer (july filer)
For Q#12 - Date of last entry into the US - my lawyer had entered (05/10/2007) - the H1-B approval date in date of last entry in to US - is this because of the new I-94 attached to H1-B approval notice?
But the I-94 in the passport shows my actual physical entry into US after my last visit outside the country - 08/10/2006.
I have not traveled outside the country after renewing my H1-B.
Which date did you guys put - the actual date of physical entry or the I-94 start date after renewal of H1-B?
Thank you!!!
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ravageguy1
05-13 07:47 PM
Hi ,
I am in strange situation. I am in 7th year of H1B and I have applied for H1B extension which was expiring on April 4th through my company on Feb 14th through normal processing. I have the LIN number from receipt notice. I was never able to check the status online as the LIN number was not found and when attorney called USCIS regarding this on March 23rd, We were told that the information will be updated to see the status online. Our attorney did not follow up with USCIS since then. Our attorney followed up again just today and found that an RFE was sent on March 25th which was never received by attorney. Currently we do not know what exactly is requested in the RFE or dead line for the response. RFE was requested again today from USCIS and was told that will be received in around 30 days. Do you think new dead line will be given for the RFE as the initial deadline might have passed for the initial RFE. I am not sure what to do at this point if I am in status or not. Please provide your advise as to what I should be doing? Appreciate your advises.
Thanks for your help.
Raj
I am in strange situation. I am in 7th year of H1B and I have applied for H1B extension which was expiring on April 4th through my company on Feb 14th through normal processing. I have the LIN number from receipt notice. I was never able to check the status online as the LIN number was not found and when attorney called USCIS regarding this on March 23rd, We were told that the information will be updated to see the status online. Our attorney did not follow up with USCIS since then. Our attorney followed up again just today and found that an RFE was sent on March 25th which was never received by attorney. Currently we do not know what exactly is requested in the RFE or dead line for the response. RFE was requested again today from USCIS and was told that will be received in around 30 days. Do you think new dead line will be given for the RFE as the initial deadline might have passed for the initial RFE. I am not sure what to do at this point if I am in status or not. Please provide your advise as to what I should be doing? Appreciate your advises.
Thanks for your help.
Raj
Ann Ruben
06-30 07:00 PM
Because you have already been counted in the H-1 quota for FY 2008, you should be able to file for a change of status to H-1 without again being subject to the quota and should not have to wait.
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martinvisalaw
06-15 11:54 AM
The answer depends on various facts not listed in your question. I assume that he wants to return in H-1B status. If he has not used his full 6 years in H-1B status before, he can get the remainder of his 6 years without being subject to the H-1B cap. If he used his full 6 years and now has been outside the US for one full year, he can get another 6 years, but he will be subject to the H-1B cap (assuming he will work for a cap-subject employer). If he didn't use his full 6 years, but has been outside the US for a year, he can either (a) apply for a new 6 years and be subject to the cap, or (b) get the remaining balance not subject to the cap.
Since the cap has not been reached yet this year, filing a cap-subject H-1B shouldn't be a problem if he can do it soon.
Since the cap has not been reached yet this year, filing a cap-subject H-1B shouldn't be a problem if he can do it soon.
more...
rockstart
11-18 01:53 PM
Most of these employers have a standard templates for H1 application and all they do is FIND & REPLACE to modify it to suit each individual applicant. In my case the person who was modifying it for me changed my Name in most places except one place where it was still saying the name of some other person. So the application was like this
This is visa petition for Mr XXX ..............
Mr XXX has degree in MS Comp Sci and Mr ABC has finished his undergraduate in .....
I had not seen this till the day I was leaving for Canada for my stamping & I panicked but then there was not much I could do so I decided to take a chance and the VO did not ask me for the petition and even if he has I am not sure how keenly he would have read it. It was a genune oversight not any falsification and definately I was not to be held responsible. But in your case since it is degree issue it is better to talk to a lawyer though statistically VO does not have time to read through the visa peition its just too long for the time they have allocated for the interview.
This is visa petition for Mr XXX ..............
Mr XXX has degree in MS Comp Sci and Mr ABC has finished his undergraduate in .....
I had not seen this till the day I was leaving for Canada for my stamping & I panicked but then there was not much I could do so I decided to take a chance and the VO did not ask me for the petition and even if he has I am not sure how keenly he would have read it. It was a genune oversight not any falsification and definately I was not to be held responsible. But in your case since it is degree issue it is better to talk to a lawyer though statistically VO does not have time to read through the visa peition its just too long for the time they have allocated for the interview.
eb2waiter
05-04 09:54 PM
the date
:rolleyes:(not number of days to president signs)
thanks
:rolleyes:(not number of days to president signs)
thanks
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humsuplou
03-09 07:07 PM
Anyone who has succefully self filed for an Advanced Parole who can help me on this question?
What is the answer you put to answer the question:
"On a seperate sheet of papaer, please explain how you qualify for an advance parole and what circumstansces warrant issuance of advance parole. include copies of any documents you wish considered. "
Thank you.
What is the answer you put to answer the question:
"On a seperate sheet of papaer, please explain how you qualify for an advance parole and what circumstansces warrant issuance of advance parole. include copies of any documents you wish considered. "
Thank you.
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saravanaraj.sathya
08-19 10:33 PM
Guys plz respond....
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seemashah
02-21 04:26 PM
Hi:
I was working for Company A from 2000 to 2004. Company A applied for my GC in 2002. However, the company was not doing well until I left it. It was not paying me the salary which came out in PW. Company A continued with my GC processing and I filed for I140 and 485 last year in June. Now received the following RFE for I140:
Please submit documentary evidence that you, the petitioning employer, have the financial
ability to pay the wage/salary you offered the beneficiary. This evidence must show that you
have this financial capability on the date you fied the ETA with the Department of Labor and
cover up until the visa is issued. The petitioner may submit evidence that their net income is
equal to or greater than the proffered wage, evidence that the petitioner's net current assets
are equal to or greater than the proffered wage, or evidence that the petitioner not only is
employing the beneficiary but also has paid or is currently paying the proffered wage. The
service wil also consider copies of audited annual reports of the employer, or copies of
audited financial statements of the employer. Evidence is needed for 2002-2003.
Does anyone have some idea how to get the audited financial statements or audited annual reports?. I know that the company never had any audited reports. I had submitted the bank statements of the company and the tax returns with my I140. However, it seems that they want the audited reports. The company was not doing well in 2002/2003. However, it is doing well now. So any input will be highly appreciated.
I was working for Company A from 2000 to 2004. Company A applied for my GC in 2002. However, the company was not doing well until I left it. It was not paying me the salary which came out in PW. Company A continued with my GC processing and I filed for I140 and 485 last year in June. Now received the following RFE for I140:
Please submit documentary evidence that you, the petitioning employer, have the financial
ability to pay the wage/salary you offered the beneficiary. This evidence must show that you
have this financial capability on the date you fied the ETA with the Department of Labor and
cover up until the visa is issued. The petitioner may submit evidence that their net income is
equal to or greater than the proffered wage, evidence that the petitioner's net current assets
are equal to or greater than the proffered wage, or evidence that the petitioner not only is
employing the beneficiary but also has paid or is currently paying the proffered wage. The
service wil also consider copies of audited annual reports of the employer, or copies of
audited financial statements of the employer. Evidence is needed for 2002-2003.
Does anyone have some idea how to get the audited financial statements or audited annual reports?. I know that the company never had any audited reports. I had submitted the bank statements of the company and the tax returns with my I140. However, it seems that they want the audited reports. The company was not doing well in 2002/2003. However, it is doing well now. So any input will be highly appreciated.
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abhijitp
07-04 02:06 AM
Good one!
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VenuK
06-16 05:55 PM
H1 with company (X) was denied on May 2008, but made appeal to it and its in the process.
during the same time
i have applied for H1 transfer to company (Y) through consular processing. I got approval.
If i go for Visa Stamping would it be a problem. Live around Ca. planning to go for Tijuana, Mexico.
also
Company (y) says it won't generate pay stubb unless u get visa stamped. Do i really need pay stubb(s) with
company(Y) in order to go for stamping.or its okay to go with company (X) paystubs.
My paystubs are still with company (x) till month of May 2008.
how good are chances of getting visa if im going for stamping in month of July, 2008
pls advice... what should i do in the situation i'm in
during the same time
i have applied for H1 transfer to company (Y) through consular processing. I got approval.
If i go for Visa Stamping would it be a problem. Live around Ca. planning to go for Tijuana, Mexico.
also
Company (y) says it won't generate pay stubb unless u get visa stamped. Do i really need pay stubb(s) with
company(Y) in order to go for stamping.or its okay to go with company (X) paystubs.
My paystubs are still with company (x) till month of May 2008.
how good are chances of getting visa if im going for stamping in month of July, 2008
pls advice... what should i do in the situation i'm in
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Dalai Lama
01-11 10:16 AM
Did you contributed to IV.
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snathan
10-14 12:38 AM
My company filed an I-140 in December 2009. The petition (an EB2) was APPROVED in May 2010. A month or so later, I was laid off but BEFORE the I-485 was ever filed. As far as I know, the I-140 has not been revoked. What are my potential options here? Can I find a new employer to file a 485 provided the new job is similar to the I-140 petition or do they have to start the whole process again?
No...need to start the GC from scratch. You can not use your I140 as you no longer employed by the GC sponsor and can not use AC21 as I-485 was not filed.
No...need to start the GC from scratch. You can not use your I140 as you no longer employed by the GC sponsor and can not use AC21 as I-485 was not filed.
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chanduv23
09-17 01:58 PM
way to go chandu.! We all will be there tomorrow.!
great - see you there
Everyone to DC
LOUD AND CLEAR
Everyone to DC
great - see you there
Everyone to DC
LOUD AND CLEAR
Everyone to DC
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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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rockstart
02-28 03:35 PM
For tax purposes you are resident of state where you reside. For best opinion you can check with the international students center at your school. It is not illegal to attend classes online if your school allows you the option. Again for best advise contact international center they are supposed to guide you to keep your status legal.
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forever
08-13 09:51 AM
Who is Becca Fischer ???:confused:
I had never expected of this variable i.e., application received by , as a factor of influence in the GC approval process discussion. People have gone completely insane. :(
I had never expected of this variable i.e., application received by , as a factor of influence in the GC approval process discussion. People have gone completely insane. :(
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desi_doc
09-25 09:46 PM
How did you apply for I485 with PD of Nov 07 ? I dont think Nov 07 was ever current.
I have similar PD Nov 07 EB2
I have similar PD Nov 07 EB2
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Karthikthiru
06-22 10:06 AM
I already checked with my attorney - a scanned copy is enough
Karthik
Karthik
qualified_trash
05-19 11:49 AM
Immigration laws are a federal mandate. It does not matter where your lawyer is based...........
Try to get a good lawyer. Where they are located should never be a consideration.
Try to get a good lawyer. Where they are located should never be a consideration.
justAnotherFile
03-21 01:04 PM
Looking at the responses from admins and core group on the Frist Bill threads it appears that the strategy for IV is to
(i) Send mass faxes to senators to establish IV as a significant org
(ii) Use the above leverage and QGA contacts to try and include additional favourable clauses in the bill while still supporting the bill as is.
The 2 main broad clauses that everyone seems to have consensus on is
(A) Re-instatement of AC-21 (paragraph 5) in full so that oversubscribed countries are eligible to use left-over visas from the rest of the world.
(B) Ability to file I-485 while the visa number is retrogressed.
This thread is to discuss alternatives for these 2 main clauses so that various options can be discussed with Senators if they are not willing to put these clauses as is:
For example:
(A) AC-21 clause alternatives
1. Put in the clause for a limited time period like 5 years, this will relieve the curretn backlog as well as make sure that the immigration per country numbers are not skewed for ever.
2. Increase the per-country limits to 25% so it may be skewed but not that much
3. Increase the per-country to 25% for a limited period of time ( 5 years)
4. Have per country limit 10% on current year only. But for recapture from previous years do not impose per country limit.
(B) Filing I-485 when priority dates not curretn
1. allow for filing if I-140 approved and priority dates stilll not curretn
2. allow for filing of 6 months has passed since I-140 approved and priority dates curretn
3. USCIS favourite :-) allow filing if 45 days has passed since I-140 has been filed and priority dates not curretn.
Pleas pitch in with alternative ideas on these 2 main clauses.
(i) Send mass faxes to senators to establish IV as a significant org
(ii) Use the above leverage and QGA contacts to try and include additional favourable clauses in the bill while still supporting the bill as is.
The 2 main broad clauses that everyone seems to have consensus on is
(A) Re-instatement of AC-21 (paragraph 5) in full so that oversubscribed countries are eligible to use left-over visas from the rest of the world.
(B) Ability to file I-485 while the visa number is retrogressed.
This thread is to discuss alternatives for these 2 main clauses so that various options can be discussed with Senators if they are not willing to put these clauses as is:
For example:
(A) AC-21 clause alternatives
1. Put in the clause for a limited time period like 5 years, this will relieve the curretn backlog as well as make sure that the immigration per country numbers are not skewed for ever.
2. Increase the per-country limits to 25% so it may be skewed but not that much
3. Increase the per-country to 25% for a limited period of time ( 5 years)
4. Have per country limit 10% on current year only. But for recapture from previous years do not impose per country limit.
(B) Filing I-485 when priority dates not curretn
1. allow for filing if I-140 approved and priority dates stilll not curretn
2. allow for filing of 6 months has passed since I-140 approved and priority dates curretn
3. USCIS favourite :-) allow filing if 45 days has passed since I-140 has been filed and priority dates not curretn.
Pleas pitch in with alternative ideas on these 2 main clauses.
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