IntezarGCKA
02-17 11:15 PM
It won't be through any company. It would be through the school itself. If the school needs a teacher then it can file for his/her h1b.
Thanks Godbless
Does anyone know about a School that require teachers and apply their H1B.
Thanks Godbless
Does anyone know about a School that require teachers and apply their H1B.
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shahpeerally
12-04 09:17 PM
Re: #1
Good question.
The rule is misleading and your confusion is understandable. Do not file in the CSC, it will likely be rejected, or if you're lucky, they might overlook it or transfer the case to VSC.
The filing location will be the VSC because that's your worksite. The rule requiring you to file in CSC has to do with the "H-1b employer" itself being cap exempt (ie. institutions of higher education and certain non-profit organizations). Your H-1b employer is a for-profit company, I assume, so they are not exempt from the cap.
Re: #2
Section 2.2 should be "e" if you're porting to a new employer, if it's a pure extension with the same employer, pick "b."
Section 2.5 should be "c."
Good question.
The rule is misleading and your confusion is understandable. Do not file in the CSC, it will likely be rejected, or if you're lucky, they might overlook it or transfer the case to VSC.
The filing location will be the VSC because that's your worksite. The rule requiring you to file in CSC has to do with the "H-1b employer" itself being cap exempt (ie. institutions of higher education and certain non-profit organizations). Your H-1b employer is a for-profit company, I assume, so they are not exempt from the cap.
Re: #2
Section 2.2 should be "e" if you're porting to a new employer, if it's a pure extension with the same employer, pick "b."
Section 2.5 should be "c."
s416504
11-24 10:34 AM
Can you share what happened to your H1B Extention RFE? Is that approved too? Which Servie Center?
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gcsim
06-07 08:25 AM
Folks,
One of my friend is here on H1b visa since six months and he wants to call his parents....will there be any issues in applying for visa as he is here since six months only. Any help will be appreciated.
One of my friend is here on H1b visa since six months and he wants to call his parents....will there be any issues in applying for visa as he is here since six months only. Any help will be appreciated.
more...
o0appleboss0o
01-03 01:16 PM
Hi guys,
I have an urgent case regarding the I-485 initial evidence. I sent out my I-485 application w/ I-864 and I-864A back in November, 2009. I am a F-1 visa holder currently in PhD program with around 21,000 stipend per year. My wife which is the petitioner (I-864) has no income and she filed a I-864 with my stipend in the first I-864 form. Since I am the beneficial and the instruction said that I didn't have to include my W-2 form. My parents in law had a joint account together. My father in law filed another I-864 form with his stipend of 20,000, and my mother in law filed a I-864A form with her stipend of 20,000. They have joint tax returns, and I have given immigration the copy of their 3 years W-2 and 1040 form.
A few days ago, immigration has send me request for initial evidence (I485) with the check marks says
1. The household member on the petitioner/sponsor's form I -864, must submit the federal income tax return submitted to the IRS for the most recent tax year.
2. The household member on the petitioner/sponsors form I-864, and I-864A must submit all supporting tax documentation (W-2s) submitted to the IRS for the most recent tax year.
My question is, I have submitted my parents in law's tax return for 2006 to 2008. we do not have the year 2009 because it is not going to be ready until April. What do they want?
I have an urgent case regarding the I-485 initial evidence. I sent out my I-485 application w/ I-864 and I-864A back in November, 2009. I am a F-1 visa holder currently in PhD program with around 21,000 stipend per year. My wife which is the petitioner (I-864) has no income and she filed a I-864 with my stipend in the first I-864 form. Since I am the beneficial and the instruction said that I didn't have to include my W-2 form. My parents in law had a joint account together. My father in law filed another I-864 form with his stipend of 20,000, and my mother in law filed a I-864A form with her stipend of 20,000. They have joint tax returns, and I have given immigration the copy of their 3 years W-2 and 1040 form.
A few days ago, immigration has send me request for initial evidence (I485) with the check marks says
1. The household member on the petitioner/sponsor's form I -864, must submit the federal income tax return submitted to the IRS for the most recent tax year.
2. The household member on the petitioner/sponsors form I-864, and I-864A must submit all supporting tax documentation (W-2s) submitted to the IRS for the most recent tax year.
My question is, I have submitted my parents in law's tax return for 2006 to 2008. we do not have the year 2009 because it is not going to be ready until April. What do they want?
alterego
01-29 12:08 AM
FP is not needed for EAD or AP.
more...
gconmymind
01-15 07:12 PM
I have voted but dont see any use. The sample size is just too small to make any inference.
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CRAZYMONK
07-26 02:15 PM
If the petition is approved under Consular Processing then they need to leave the country. Other wise no. The reason for Consular Processing would be not maintaining the status continuously.
If you get I94 along with the approved H1B then you are fine. If not, you need to leave the country and get it stamped. Your other friends might have not got I94 along with their approved I94
If you get I94 along with the approved H1B then you are fine. If not, you need to leave the country and get it stamped. Your other friends might have not got I94 along with their approved I94
more...
IneedAllGreen
12-10 06:27 PM
This is strange and I don't know if anyone has come across this situation. My I-140 is under appeal process from last 5 months and today I got this update on my I-485 that "my case has been sent to ADMIN APPEALS OFFICE location for processing ". There is no update in I-140 or I-290B forms date online. Does anyone come across same situation then please share with us. :confused:
Thanks
Thanks
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reapit
09-13 07:19 AM
Hi,
What is the last day for filling H1B? (assuming cap of 65,000 is not reached)
To be specific, can it be filled after 30th sept, 2009?
Thanks!
What is the last day for filling H1B? (assuming cap of 65,000 is not reached)
To be specific, can it be filled after 30th sept, 2009?
Thanks!
more...
smsthss
11-30 10:59 PM
What was your attorney's response, for your question?
he just send in copies of my degrees..
he just send in copies of my degrees..
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Blog Feeds
05-21 11:00 PM
Acting Associate Director Donald Neufeld has issued revised guidance regarding the
I-90 Application to Replace Permanent Resident Card. The guidance is dated February 6, 2009.
Previously, if an I-90 applicant presented a national security concern or had a record of arrest or presented an �Egregious Public Safety� concern, then the USCIS adjudicator was instructed to immediately suspend adjudication of the 1-90 and refer the case to ICE.
The problem with that position, as pointed out in the Neufeld memo, is that an I-90 applicant who is a Lawful Permanent Resident LPR holds that status until he or she either abandons it themselves or has it revoked through rescission or removal proceedings. Therefore, until the LPR status is either abandoned or revoked, the applicant is entitled to evidence of his or her status.
Now, the Neufeld memo provides that all 1-90 applications will be adjudicated when all of the basic filing requirements and conditions have been met:
1. The applicant has established his or her identity; and
2. It has been established that the applicant is a lawful permanent resident.
Once those conditions have been met, the I-90 should be approved regardless of whether derogatory information comes up during the fingerprint and IBIS checks. If that happens, the I-90 should still be approved first and the derogatory information issue addressed second, presumable with a referral to ICE.
In the past, some applicants have been served with Requests for Evidence (RFE) asking for arrest records or court dispositions. Now any RFE that is issued must be limited to requesting supporting documentation related to establishing identity or status.
.
More... (http://www.philadelphiaimmigrationlawyerblog.com/2009/05/i90_appliication_to_replace_gr.html)
I-90 Application to Replace Permanent Resident Card. The guidance is dated February 6, 2009.
Previously, if an I-90 applicant presented a national security concern or had a record of arrest or presented an �Egregious Public Safety� concern, then the USCIS adjudicator was instructed to immediately suspend adjudication of the 1-90 and refer the case to ICE.
The problem with that position, as pointed out in the Neufeld memo, is that an I-90 applicant who is a Lawful Permanent Resident LPR holds that status until he or she either abandons it themselves or has it revoked through rescission or removal proceedings. Therefore, until the LPR status is either abandoned or revoked, the applicant is entitled to evidence of his or her status.
Now, the Neufeld memo provides that all 1-90 applications will be adjudicated when all of the basic filing requirements and conditions have been met:
1. The applicant has established his or her identity; and
2. It has been established that the applicant is a lawful permanent resident.
Once those conditions have been met, the I-90 should be approved regardless of whether derogatory information comes up during the fingerprint and IBIS checks. If that happens, the I-90 should still be approved first and the derogatory information issue addressed second, presumable with a referral to ICE.
In the past, some applicants have been served with Requests for Evidence (RFE) asking for arrest records or court dispositions. Now any RFE that is issued must be limited to requesting supporting documentation related to establishing identity or status.
.
More... (http://www.philadelphiaimmigrationlawyerblog.com/2009/05/i90_appliication_to_replace_gr.html)
more...
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mammoy2k
09-10 11:25 AM
I should add that you can only port once your I-140 has been approved.
As per Yates memo, one can switch after 180 days even though I-140 was pending.
As per Yates memo, one can switch after 180 days even though I-140 was pending.
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yetanotherimmigrant
11-10 12:02 PM
Yes, I realize a H1 transfer is needed to work in another company. And 140 is not approved. So the new company has to start GC all over. Too bad, it looks like priority date cannot be ported since it LC is still in process.
more...
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aachoo
02-27 09:23 PM
Hi there,
This is exactly what my company's attorney had told me. If the new location is within commuting distance/same metropilitan area there is no need for a LCA amendment .
If anybody thinks otherwise please feel free to correct me.
I had the same situation a few years back (Menlo Park to Fremont, CA) if you know the area. The attorney said no need for new LCA.
-a
This is exactly what my company's attorney had told me. If the new location is within commuting distance/same metropilitan area there is no need for a LCA amendment .
If anybody thinks otherwise please feel free to correct me.
I had the same situation a few years back (Menlo Park to Fremont, CA) if you know the area. The attorney said no need for new LCA.
-a
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BlueSoft
01-16 06:13 AM
You can apply for reneal of Green Card; that will be no problem. Best bet for citizenship is to wait four more years before applying.
more...
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gc_chahiye
06-20 08:46 PM
Hello,
I spoke to my lawyer today and she made it very clear that it is ILLEGAL to file more than one I-485 for one applicant (from 2 diff companies). USCIS will immediately ask you to make a choice.
THought I should share this information
yes, thats because when filing I-485 you are 'promising' to join that company when you get your GC. How can you promise that to two companies at the same time.
However could you ask about being primary applicant on one petition and secondary on another (cases where both spouses are working, they can file two AOS and if either spouse decides to stop working for some reason the other application continues, the first can be withdrawn). This one is a grey area. Not illegal, but apparently at some point USCIS will ask you to pick one of the two. In this current mess where some companies/lawyers are promising to file, but may not do so in the end, better to give both choices a good shot, and hope atleast one gets through.
I spoke to my lawyer today and she made it very clear that it is ILLEGAL to file more than one I-485 for one applicant (from 2 diff companies). USCIS will immediately ask you to make a choice.
THought I should share this information
yes, thats because when filing I-485 you are 'promising' to join that company when you get your GC. How can you promise that to two companies at the same time.
However could you ask about being primary applicant on one petition and secondary on another (cases where both spouses are working, they can file two AOS and if either spouse decides to stop working for some reason the other application continues, the first can be withdrawn). This one is a grey area. Not illegal, but apparently at some point USCIS will ask you to pick one of the two. In this current mess where some companies/lawyers are promising to file, but may not do so in the end, better to give both choices a good shot, and hope atleast one gets through.
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go_getter007
11-27 01:38 PM
Friends, my 140 was filed in late July 07 and it is at TSC. Going by the timeline posted on their site, I am likely to hear from TSC by late Jan 08 (i.e., six months after July 07). Any recent experiences about whether the online status changes on time or you first get the approval/RFE/rejection physically and then online status reflects the status afterwards?
Thanks!
GG_007
Thanks!
GG_007
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ram04
04-20 05:41 PM
Simmilar situation with my company- Company A merged with (B-India) and named as C .
We were informed all is well and taken care of with company's legal team.
Immediately after merger, I also got stamped in Chennai with old company name A in I 797 and enterd with I 94 at POE without any problem.
So it seems this may not be an issue. It isonly my opinion and personal experience.
Now a days many companys are following this route to cope up with new lottery H1 issues.
PD : Sep 04
I 485, I 140, Approved
- Ram
We were informed all is well and taken care of with company's legal team.
Immediately after merger, I also got stamped in Chennai with old company name A in I 797 and enterd with I 94 at POE without any problem.
So it seems this may not be an issue. It isonly my opinion and personal experience.
Now a days many companys are following this route to cope up with new lottery H1 issues.
PD : Sep 04
I 485, I 140, Approved
- Ram
tom
03-13 06:05 PM
The anwser for your new question is already answered by ashkam.
You don't need EAD to study. EAD is for working.
You don't need EAD to study. EAD is for working.
smsthss
02-18 10:39 PM
Has the LC/PERM been approved based on EB2 is the question? IF yes, you should also try for it and ask your employer.
The new eb2 perm has been applied and pending.
The new eb2 perm has been applied and pending.
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