Friday, July 1, 2011

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  • glus
    09-27 08:43 AM
    My Father is applying for Citizenship in Nov 10. If he becomes Citizen then can I file I485 under F3(married sons and daughters of citizen parents). Category and port priority date of May 03 from my employment base I-485 to I-485 under F3?

    hi there,
    Unfortunately INA (immigration and naturalization act) does not allow to transfer Employment Based priority dates to Family Based immigration. So no, you can not do it.

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  • hope_2007
    03-28 02:50 PM
    Hi all,
    I do not know the timing but you may try calling right now, an automated message asks you to choose between senators(to whom you would like to send your voice) and you are then asked to leave message to the representative stating that you "Support the CIR".

    Thanks ...

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  • peppa
    08-17 10:59 AM

    I filed this week my N400 based on a 5 years rule;

    I am a freelance book writer and a web market engeneer;
    In 2005 I was let go from my job; I filed for unemployment and I traveld to Asia working part time as writer and looking for a new job and find new places to write about in my book;
    the trip lasted 5 months,

    I attached my taxes for the last 5 years to the application:
    will CIS look at the taxes for 2005 and look at the unemployment benefits together with my international travel?

    AM I in trouble when I show up for the interview? I am concerned

    pls advice

    thank you

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  • wandmaker
    10-01 12:18 PM
    I'm currently working for Company A on H1B Visa. My GC is sponsored through Company B as a future employee. I never worked for Company B which has sponsored for my GC. I have applied for I485 and I140 has been approved for more than 6 months.

    Company A is going through lay offs and wont be able to apply for my GC. My 6 yr limit on H1B from Company A will expire next year.

    Can i apply for H1B extension through Company A based on my I-140 from Company B.

    Yes, it is legal, allowed, and possible

    no. Comp A cannot apply for H1 extension as the PERM labor is not held by them. What you can do is get an EAD and continue to work for Company A, but then Company A will have to take over the process using AC21



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  • dan19
    02-15 11:24 AM
    Any idea?

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  • ajay
    07-19 11:07 AM
    Use the format suggested by Solaris. I also got in the same format. Please fill in your company details.


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  • looivy
    06-25 08:00 AM
    I got FP notice inside 2 weeks of submitting my EAD application. I am in TSC. Again FP depends on when you last Finger prints. I dont everyone 'HAS' to get FP.

    We both have had ours taken. First one in 2007 (July 2007 filing) and second in 2008. Does that mean we are not reqd to take any FPs? Pl advise.

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  • raj3078
    05-09 01:18 PM
    And we might be in the final edited version (very good chance) for a few minutes
    Great news


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    07-18 11:39 AM

    I am a B.COM and AICWA. I have also completed CA-Inter. I have totally 12 years of experience out of which 7 years in IT and 5 years Non-IT. I am currently working as Program Manager. My Labour is approved. My company is trying to get a evaluation done.

    Would there be any issues when concurrently filing for I-140 and I-1485 with regard to the Education Evaluation.

    Make sure you use a detailed evaluation from a reputed evaluator. Do not provide generic evaluation as we do while applying fir H1B.

    Evaluation should specifically equate your B.Com degree to a 4 year US degree. + 5 years experience if you filed in EB2. (your labor should have a requirement of BS + 5 years progressive experience)

    If filed for EB3 the evaluation should equate your B.Com degree as to equivalent of a 4 year US degree.

    I am hoping that this is not a labor substitution case and you labor is YOURS and requirement is Bachelors in Business or Finance or Commerce.

    Since you did not post details of your labor, I am not sure people can help you much with specifics.

    some helpful pointers.

    Try not to club your experience to come up with education equivalency.

    If your labor is perm make sure you are already being paid what is on the labor approval.

    Try not to use your CA-Inter or AICWA. Keep it simple and straightforward.

    I am assuming there is no ability to pay issue and the company is green on its financials.

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  • AllIzzWell
    05-03 04:13 PM

    Thank you for the advise.

    My wife has already gone to the consulate and got her stamping. So she is out of the loop, its only me who needs the stamp.

    To put my question in a different way:

    Will the consulate cancel/stops/statusquo my wifes H4 visa as the H1B is in "Admin Processing"?

    Thanks again.


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  • nhfirefighter13
    April 18th, 2005, 03:57 PM
    Thanks for the opinions, guys. Maybe I can try taking shots of the dining room after I finish painting it. It's at least more colorful than the stump.:D

    Future Greencard Question [Archive] - Immigration Voice

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  • diptam
    07-01 03:59 PM
    'Department of Homeland Security'

    But if you have put USCIS - dont pull your hairs. You are still okay.

    This should be "Department of Homeland Security" per Attorney.


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  • martinvisalaw
    07-13 02:40 PM
    It's hard to answer your question without more details, such as your current status. Company B can definitely file a new H-1B for you. Your current status will dictate whether you "need" to tell them about the earlier filing. However, having a prior petition filed might not have any negative impact, so you probably don't need to be nervous about telling Co. B.

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  • feedfront
    10-13 02:00 PM
    Photocopy of her passport also needed.


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  • viper673
    06-24 12:41 PM
    Hello all,

    I have my EAD and waiting on my 485 to get approved sometime this year (hopefully).

    I'm obvoiusly working full-time for my current employer and I just got an opportunity to do some translation services (teaching) after hours for about 80hrs in the next couple of months.

    Is it ok for me to teach or do the rules of H1B (work up to 40hrs a week) still apply?

    Thank you.

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  • anilsal
    01-28 10:59 PM
    having valid AP at any time, even though is not a legal requirement, is a necessity due to potential emergency travel to home country or any other country. Hence it is safe to reapply AP 2-3 months before expiry and EAD 3-4 months before expiry. This will give you peace of mind.


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  • shishya
    11-16 11:43 PM
    Desperately need some help here. I do NOT have access to my PERM or I-140 applications and my current employer's lawyers refuse to give me the documents.

    I want to get H1 transfer and AC-21 to move to another company since I HAVE the EAD but cannot use it since my wife is a dependent on my H1B.

    I am desperately trying to find where to get the "job duties" and the DOT/SOC codes that the new company's lawyer says would be needed to make sure I don't have to go through the PERM/I-140 process again.

    PLEASE advise.


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  • visli_com
    08-07 04:46 PM
    I did same thing I called them and they fixed it, I already got approvel for EAD.:)

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  • jijiewang
    02-08 09:10 AM
    Hi attorney,

    I know the question sounds weird.

    My husband applied EB2 in 2007. 140 approved and 485 pending. But then we came back to our home country because of layoff. We carried AP but now AP is expiring in 3 weeks. I know after AP goes expired, our 485 will be considered abandoned.

    I heard that PD is still ours even in the case of abandonment of 485. So, I still hope that some day we can come back to US to re-do the green card application. My question is, once PD becomes current, how long will the window to submit 485 be open for us?



    09-25 09:34 PM
    we need to wait till we get the letter from USCIS to see what they requested for... it is typically an RFE

    Good luck

    09-28 04:35 PM
    My parents came here on last saturday and the I.O at Port of Entry told them he's giving them 6 months to stay with me but when I looked at their passports, my mom's I-94 was stamped for only 3 months whereas my dad's passport was stamped for 6 months. If I go ahead and apply for 3 month extension for my mom when is the best time to do it? They have their return tickets in March and they don't have any intention to stay beyond that period. I was just wondering if it's just a stamping error of if they indeed has given my mom only 3 months. Attorney's please respond.

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