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krishmunn
02-09 07:12 PM
If the new place of employment is more than 50 miles, then a new LCA has to be obtained. In your case, your parent company might also have to file a Successor of Interest petition for your H1 depending on the terms of acquisition (irrespective of whether you move to bay area or not).
Do you have a legal reference for the > 50 miles rule ? In my case it is just 10 miles (moved from one town to next town). So I guess I am fine ?
Do you have a legal reference for the > 50 miles rule ? In my case it is just 10 miles (moved from one town to next town). So I guess I am fine ?
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obviously
02-06 11:24 AM
Pay rises are OK as long as they within range for the job classification in which you work. Only trigger point is when someone takes a drastic pay cut: usually an indicator of fraud / sham-companies.
amit1234
08-27 08:19 AM
Hi,
can any lawers give me reply?
Thanks in advance
can any lawers give me reply?
Thanks in advance
2011 2012 Bible Verses and Quotes
apahilaj
09-12 03:28 PM
Does anyone know what time it may take for FP notices to arrive for guys whose cases were Xfered to CSC?
BTW, does that make any difference if the 485 case has been transferred from another center to TSC? majority of guys who've got the FP notice are straight filters at TSC.
BTW, does that make any difference if the 485 case has been transferred from another center to TSC? majority of guys who've got the FP notice are straight filters at TSC.
more...
nivasch
02-09 02:27 PM
willgetgc2005
Check this Out:
Q. How do I make a complaint against my attorney or representative?
A. If the complaint concerns the conduct of an attorney or representative in a matter before the Immigration Court, BIA, or DHS, you may complete a Form EOIR-44, �Immigration Practitioner Complaint Form� but it is not required. You may write your own complaint statement or letter. This statement or letter must include.
Your name and address,
The attorney�s or representative�s name and address,
An explanation of the circumstances and details of your complaint, and
Your signature.
Along with your Form EOIR-44 or your own complaint statement or letter, you may also submit supporting documents and information, such as:
Correspondence between you and your attorney or representative,
Documents concerning the underlying immigration case (including the case name and number), and
Copies of filings in connection with the case.
Neither EOIR nor DHS can accept complaints over the telephone.
Source: http://www.usdoj.gov/eoir/press/00/profcondfaks.htm
=======================
Hi,
I am having issues with my Immigration Attorney. I had asked him to initiate
enquiry about my 485 status about 3 times over the past 2 years and each time he replied via email saying he has sent the enquiry. he usually is very flaky and at times even lies or avoids my calls and emails. I am paying for his
service and not my company.
In nay case, I needed those documents he says he sent as enquiry for my records. When I ask for it, he says he will send it but is just not sending it despite about 10 follow ups over the last 3 months. He says he will send it.I suspect he never initiated the enquiry and just lied to me. So now he is in soup.
He has screwed me and others up like this several times. I really want to refer him to ethics tribunal or something like that. What are my options ? I have been very frustrated with him for the last several years.
Please suggest.
Check this Out:
Q. How do I make a complaint against my attorney or representative?
A. If the complaint concerns the conduct of an attorney or representative in a matter before the Immigration Court, BIA, or DHS, you may complete a Form EOIR-44, �Immigration Practitioner Complaint Form� but it is not required. You may write your own complaint statement or letter. This statement or letter must include.
Your name and address,
The attorney�s or representative�s name and address,
An explanation of the circumstances and details of your complaint, and
Your signature.
Along with your Form EOIR-44 or your own complaint statement or letter, you may also submit supporting documents and information, such as:
Correspondence between you and your attorney or representative,
Documents concerning the underlying immigration case (including the case name and number), and
Copies of filings in connection with the case.
Neither EOIR nor DHS can accept complaints over the telephone.
Source: http://www.usdoj.gov/eoir/press/00/profcondfaks.htm
=======================
Hi,
I am having issues with my Immigration Attorney. I had asked him to initiate
enquiry about my 485 status about 3 times over the past 2 years and each time he replied via email saying he has sent the enquiry. he usually is very flaky and at times even lies or avoids my calls and emails. I am paying for his
service and not my company.
In nay case, I needed those documents he says he sent as enquiry for my records. When I ask for it, he says he will send it but is just not sending it despite about 10 follow ups over the last 3 months. He says he will send it.I suspect he never initiated the enquiry and just lied to me. So now he is in soup.
He has screwed me and others up like this several times. I really want to refer him to ethics tribunal or something like that. What are my options ? I have been very frustrated with him for the last several years.
Please suggest.
thomachan72
05-10 02:06 PM
More like an idle mind ;)
Thanks. I started thinking whether the devil infact has grown more powerful that he is seeking new territory:D:D:D
Thanks. I started thinking whether the devil infact has grown more powerful that he is seeking new territory:D:D:D
more...
martinvisalaw
10-22 01:50 PM
I presume her change of status (COS) from H4 to H1 took place automatically when she received her I-797 Approval notice from CIS with an I-94 valid till Oct 2011. Is my presumption correct?
yes
Now, will her next COS i.e. from H1 to H4 take place when she leaves the US and appears for H4 interview based on my current H1's (company B's) 1-797 Approval notice in consulate in India? [
Your wife will be applying for a new H-4 visa, but it's not called a COS. That just applies when a person applies to change status while remaining in the US.
I dont have stamp of my current H1 (company B's) in my passport. I have only the old H1 stamp (company A's) in my passport, which is already expired. I also plan to leave for India for my H1 stamping. Which will be the better approach: she appearing for her H4 interview along with me when I appear for my H1 stamping or she going alone ahead of me for her H4 stamping? Many thanks in advance.
Either is OK. Once you have H-1B status it doesn't matter that you don't have a valid H-1B visa
yes
Now, will her next COS i.e. from H1 to H4 take place when she leaves the US and appears for H4 interview based on my current H1's (company B's) 1-797 Approval notice in consulate in India? [
Your wife will be applying for a new H-4 visa, but it's not called a COS. That just applies when a person applies to change status while remaining in the US.
I dont have stamp of my current H1 (company B's) in my passport. I have only the old H1 stamp (company A's) in my passport, which is already expired. I also plan to leave for India for my H1 stamping. Which will be the better approach: she appearing for her H4 interview along with me when I appear for my H1 stamping or she going alone ahead of me for her H4 stamping? Many thanks in advance.
Either is OK. Once you have H-1B status it doesn't matter that you don't have a valid H-1B visa
2010 While the Bible doesn#39;t have
Marphad
02-24 09:51 AM
Koi shak? (Any doubts?)
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ivuser
02-20 12:08 PM
1.
QUESTION :: First and foremost - can I change my job as I am entering the 6th year of H1?
ANSWER :: Yes you can. Just have to be bit careful. The new company should first apply H1 for 3 years based your current approved I-140. Then start the new GC process with a request to transfer the priority date. It is best not to join the new company till the H1 and the new I-140 gets approved, in this way if some thing goes wrong, you have your current company to fall back.
2.
QUESTION :: Since it's going to be my 6th year, will I need to reapply for labor as soon as I change my job? Is there any timeframe?
ANSWER :: Yes, you need to reapply the LC. Though there is no time frame, you need to apply 365 days before your new H1 expires, so that you could get H1 extensions in the future.
Please note if you have an approved I-140, then you get 3 years extension. If your current I-140 is revoked then in the future you need a new GC process pending for at least 365 days to request H1 1 year Extension. Again if the future company’s I-140 is approved then based on that you could request 3 years H1 Extention.
3.
QUESTION :: Will there be any issue porting the Priority Date - especially since I am planning to apply on EB2 in the next job.
ANSWER :: There will not be an issue to transfer your current priority date (EB3) to the new GC process in EB2, just because it is EB3 to EB2.
Please visit the thread ::
Immigration Voice -> Immigration Information -> Green Card Retrogression -> Job change after I-140? - Opinions pl.
REQUEST ::
Please support IV.
DISCLAIMER::
The information provided here is of a general nature and may have error. I am not a lawyer. It is not to be considered as a legal advice. Please consult a good lawyer before taking final decision.
QUESTION :: First and foremost - can I change my job as I am entering the 6th year of H1?
ANSWER :: Yes you can. Just have to be bit careful. The new company should first apply H1 for 3 years based your current approved I-140. Then start the new GC process with a request to transfer the priority date. It is best not to join the new company till the H1 and the new I-140 gets approved, in this way if some thing goes wrong, you have your current company to fall back.
2.
QUESTION :: Since it's going to be my 6th year, will I need to reapply for labor as soon as I change my job? Is there any timeframe?
ANSWER :: Yes, you need to reapply the LC. Though there is no time frame, you need to apply 365 days before your new H1 expires, so that you could get H1 extensions in the future.
Please note if you have an approved I-140, then you get 3 years extension. If your current I-140 is revoked then in the future you need a new GC process pending for at least 365 days to request H1 1 year Extension. Again if the future company’s I-140 is approved then based on that you could request 3 years H1 Extention.
3.
QUESTION :: Will there be any issue porting the Priority Date - especially since I am planning to apply on EB2 in the next job.
ANSWER :: There will not be an issue to transfer your current priority date (EB3) to the new GC process in EB2, just because it is EB3 to EB2.
Please visit the thread ::
Immigration Voice -> Immigration Information -> Green Card Retrogression -> Job change after I-140? - Opinions pl.
REQUEST ::
Please support IV.
DISCLAIMER::
The information provided here is of a general nature and may have error. I am not a lawyer. It is not to be considered as a legal advice. Please consult a good lawyer before taking final decision.
hair hope
kosikosi
09-29 02:17 PM
Can anyone help me.
My I -485 status on line says my case has be suspended due to the rejection of my finger printing fee.
Meanwhile i received my finger printing notice eventhough my case was suspended.
My attorney responded to the billing notice and USCIS wrote (This Letter the uscis sent was dated Sept 17 th .)back to say that the check we sent was an overpayment because we proved to them that the initial check had been cashed.
The problem is that the status on line still is suspended. I called the TSC and the operator said the case is in their system.
What can i do to correct these conflicting messages.
Can anyone suggest what i should do
kosikosi
My I -485 status on line says my case has be suspended due to the rejection of my finger printing fee.
Meanwhile i received my finger printing notice eventhough my case was suspended.
My attorney responded to the billing notice and USCIS wrote (This Letter the uscis sent was dated Sept 17 th .)back to say that the check we sent was an overpayment because we proved to them that the initial check had been cashed.
The problem is that the status on line still is suspended. I called the TSC and the operator said the case is in their system.
What can i do to correct these conflicting messages.
Can anyone suggest what i should do
kosikosi
more...
validIV
03-25 02:00 PM
My advice to you, seek an immigration lawyer and don't play games with them, like you're doing here. If you are unemployed tell them. If you're not unemployed tell them. You are only hurting yourself by dancing around the issue.
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va_dude
01-29 10:21 AM
I'm a bit confused too.
You guys have PDs in late 2004 for EB3 India and your 485 was already looked at?
Are you guys also Jul/Aug 2007 filers?
-va_dude
You guys have PDs in late 2004 for EB3 India and your 485 was already looked at?
Are you guys also Jul/Aug 2007 filers?
-va_dude
more...
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brahmasap@gmail.com
04-11 02:34 PM
Hi,
My wife's H4 visa got expired in jan 2008 and I renewed her I-94 and I-94 got extended till 2010.
Next week she is travelling back to India throgh Lufthansa airlines from portland to Frankfurt to Chennai. Some people are telling that getting transit visa in Frankfurt airport is difficult if visa stamping got expired eventhough you have valid I94. Is it correct?
I have two questions here.
1 Is really transit visa required, as just she needs to catch another flight in other terminal in the same airport?
2. If transit visa required will it be problem if her visa stamping got expired ( But she has vaild I797 and I-94 documents ).
Please help me by answeringthese questions.
Regards,
Brahma Reddy
My wife's H4 visa got expired in jan 2008 and I renewed her I-94 and I-94 got extended till 2010.
Next week she is travelling back to India throgh Lufthansa airlines from portland to Frankfurt to Chennai. Some people are telling that getting transit visa in Frankfurt airport is difficult if visa stamping got expired eventhough you have valid I94. Is it correct?
I have two questions here.
1 Is really transit visa required, as just she needs to catch another flight in other terminal in the same airport?
2. If transit visa required will it be problem if her visa stamping got expired ( But she has vaild I797 and I-94 documents ).
Please help me by answeringthese questions.
Regards,
Brahma Reddy
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jkays94
05-04 10:59 PM
Please see the thread on the SKIL bill, I believe the bill covers premium processing for I-485. For DOL I wonder if they would even have the capacity to do it, funds or no funds.
http://immigrationvoice.org/forum/showthread.php?t=691
http://immigrationvoice.org/forum/showthread.php?t=691
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rockstart
09-12 10:08 AM
Point is not wikipedia or other site. They should be relying on information provided in proper legal format and not on some internet based site. Example if some one is working for Microsoft and if I google the keywords I might get some website which says how MS products are bad and how Bill Gates has stolen technology from XEROX etc. Which is all nonsense and no way concerns with the application in hand's of the IO. So they have the liberty to ask for more information where ever they need but they should not prejudice themselves by reading internet based information.
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whattodo
06-30 03:28 PM
Did you see approved on Jun 25th? In my case, I saw approved on Jun 28th and then pending on Jun 29th. My attorney received approval notice on Jun 28th. I dont know how to make sense of it.
What was the message in your case on Jun 26th? I am seeing that they received my application on Jun 29th and it is pending. It sounds strange.
Online case status shows approval on jUne 27th. But then does it really matter with all this talk of July retrogression?
What was the message in your case on Jun 26th? I am seeing that they received my application on Jun 29th and it is pending. It sounds strange.
Online case status shows approval on jUne 27th. But then does it really matter with all this talk of July retrogression?
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prabasiodia
08-09 08:02 AM
^^^^
What could be more pitiful than bumping your own thread? But keeping the health factor of weekday public in mind, I am willing to disgrace myself.
What could be more pitiful than bumping your own thread? But keeping the health factor of weekday public in mind, I am willing to disgrace myself.
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stucklabor
03-16 09:36 AM
I am not sure how we can conclude that there is massive corruption and mismanagement. According to this report, tons of immigration applicants knowingly commit fraud in their applications. For instance, people file frivolous I485 applications that have no chance of succeeding, just to get EAD/AP. USCIS is having trouble balancing the Presidential mandate to reduce the backlog - which means faster processing of each application - with the need to detect and prevent fraud, which means taking a longer time over each application.
The title of this thread is quite misleading, IMHO.
The title of this thread is quite misleading, IMHO.
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dontcareanymore
04-02 01:37 PM
Just so all can understand :
Did you go for visa stamping while your current visa was valid and you came back to US with old (but valid) stamp while they are processing your request because they wanted more info?
Did you go for visa stamping while your current visa was valid and you came back to US with old (but valid) stamp while they are processing your request because they wanted more info?
mohit7ul
07-13 02:10 AM
Hi Raysakat
Thanks for the quick and helpful reply. Just to clarify a bit more, can i still file for I-140 with her being primary(as cross chargibility is applied) while she is on F1 or wold it lead to conflict in visa status? SHe does not exits on my PERM application, but she is currently with me on H4, suggesting her intent to immigrate with my PERM application
Thanks
Thanks for the quick and helpful reply. Just to clarify a bit more, can i still file for I-140 with her being primary(as cross chargibility is applied) while she is on F1 or wold it lead to conflict in visa status? SHe does not exits on my PERM application, but she is currently with me on H4, suggesting her intent to immigrate with my PERM application
Thanks
Shivani
02-23 10:54 AM
Hello Sir,
I'm in H1B visa, so also my husband.
In this time of recession, i fear if I'm laid off, wanted to seek your valuable guiance on the following:
- transfer my status from H1 to H4? have all pay stubs in tact.
- return back to H1 B status once I find an opening with new company? All I will need to do is transfer my H4 status back to my same H1B visa?
- visa in passport is originally stamped for Oct 2009 when I came from India, and I have my new I797 with validity date as Apr 2011. Do I still have I797 as valid even if I'm laid off?
Please let me have your views on this. Highly appreciate a speedy response.
Thank you in advance,
Shivani:confused:
I'm in H1B visa, so also my husband.
In this time of recession, i fear if I'm laid off, wanted to seek your valuable guiance on the following:
- transfer my status from H1 to H4? have all pay stubs in tact.
- return back to H1 B status once I find an opening with new company? All I will need to do is transfer my H4 status back to my same H1B visa?
- visa in passport is originally stamped for Oct 2009 when I came from India, and I have my new I797 with validity date as Apr 2011. Do I still have I797 as valid even if I'm laid off?
Please let me have your views on this. Highly appreciate a speedy response.
Thank you in advance,
Shivani:confused:
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