locomotive36
01-11 03:25 PM
Gurus,
My H1B extension is pending with the VSC. I want to upgrade my H1B extension to a premium process by paying 1000 USD.
Now, my question is - Can I do it myself thru efile or regular way using form I-907? Or should it be done only thru the employer or attorney?
I am asking this because my attorney is charging a ridiculous attorney fees of 250 USD on top of 1000 USD for upgrading my case to a premium!
Please help.
Thanks!
My H1B extension is pending with the VSC. I want to upgrade my H1B extension to a premium process by paying 1000 USD.
Now, my question is - Can I do it myself thru efile or regular way using form I-907? Or should it be done only thru the employer or attorney?
I am asking this because my attorney is charging a ridiculous attorney fees of 250 USD on top of 1000 USD for upgrading my case to a premium!
Please help.
Thanks!
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waitingnwaiting
02-10 01:21 PM
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neeshpal
07-19 10:04 PM
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06-17 08:40 PM
In a recent decision, RUIZ-DIAZ v. UNITED STATES OF AMERICA, the court ruled that Petitioners who filed or will file a Petition for Special Immigrant Religious Worker Visa (Form I-360) with United States Citizenship and Immigration Services (�USCIS�) on behalf of individual beneficiaries are hereby notified that you or your beneficiary may now file an Application for Adjustment of Status (Form I-485) and, if your beneficiary seeks employment status as an adjustment applicant, an Application for Employment Authorization (Form I-765) even if USCIS has not yet issued a final administrative decision regarding the I- 360 petition. Previously, the I-360 had to be adjudicated before the adjustment package could be filed.
The Court has invalidated USCIS� bar against concurrent filings as an unreasonable
interpretation of the governing statute. Pursuant to an order dated June 11, 2009, USCIS is required to accept as properly filed adjustment of status applications (Form I-485) and employment authorization applications (Form I-765) from individuals who are beneficiaries of petitions for special immigrant visas (Form I-360 (http://www.h1b.biz/lawyer-attorney-1137192.html)), whether submitted concurrently with or subsequent to the visa petition, provided the applications meet USCIS� valid filing requirements.
Bear in mind that this decision may be subject to Appeal, so things can still change. But for now this is a victory to the applicants filing under this category.
More... (http://www.visalawyerblog.com/2009/06/religious_workers_visas_distri.html)
The Court has invalidated USCIS� bar against concurrent filings as an unreasonable
interpretation of the governing statute. Pursuant to an order dated June 11, 2009, USCIS is required to accept as properly filed adjustment of status applications (Form I-485) and employment authorization applications (Form I-765) from individuals who are beneficiaries of petitions for special immigrant visas (Form I-360 (http://www.h1b.biz/lawyer-attorney-1137192.html)), whether submitted concurrently with or subsequent to the visa petition, provided the applications meet USCIS� valid filing requirements.
Bear in mind that this decision may be subject to Appeal, so things can still change. But for now this is a victory to the applicants filing under this category.
More... (http://www.visalawyerblog.com/2009/06/religious_workers_visas_distri.html)
more...
confu
08-26 04:25 PM
A friend of mine told me that we do not have to pay Social Security Tax while working on EAD. Does anybody know if this is true ?
That would be a huge plus in case its true.
That would be a huge plus in case its true.
rajuseattle
11-28 11:03 AM
Hello immi2006,
Were your collegues EB-2 classification with old PDs from the DoL's backlog centres?
I see some of the EB-2 indian nationals with old PDs received approvals so that USCIS can process their I-485.
If you are EB-3 then you might want to wait until Dec 2007.
thanks,
Rajuseattle.
Were your collegues EB-2 classification with old PDs from the DoL's backlog centres?
I see some of the EB-2 indian nationals with old PDs received approvals so that USCIS can process their I-485.
If you are EB-3 then you might want to wait until Dec 2007.
thanks,
Rajuseattle.
more...
MONCYS
04-17 04:41 PM
140 approved and is over 180 days.
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saturnring11
12-22 02:55 PM
Just got back from getting my fingerprints processed at the Salinas ASC. It was an extremely pain-free experience. Starbucks could learn about customer service from these guys!
They didn't even ask me about my appointment date (I went a full 2 weeks earlier than my rescheduled appointment). They only asked for my EAD for identification. I was in and out within 8 minutes. The 1 hour drive from San Jose is well worth it. I was the only person there for fingerprinting there that Saturday. The employees were friendly, professional and efficient.
This is in sharp contrast to the San Jose ASC, where I was told that "Neither us nor the other ASCs accept walk-ins. We cannot process fingerprints without an appointment."
Good luck to the rest of you.
They didn't even ask me about my appointment date (I went a full 2 weeks earlier than my rescheduled appointment). They only asked for my EAD for identification. I was in and out within 8 minutes. The 1 hour drive from San Jose is well worth it. I was the only person there for fingerprinting there that Saturday. The employees were friendly, professional and efficient.
This is in sharp contrast to the San Jose ASC, where I was told that "Neither us nor the other ASCs accept walk-ins. We cannot process fingerprints without an appointment."
Good luck to the rest of you.
more...
abracadabra102
07-15 12:12 PM
I sent my paperwork in Sep 2005
IO is confused surely :D
IO is confused surely :D
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priyasagiraju
04-07 03:19 PM
Iam on L2 and working on my EAD which is expiring on april 29 th 2011.
I have applied for H1 in the 2010 quota but due to my employers mistake i got a rejection on that.
we are trying to reappeal to USCIS but iam not sure if its going to work.
Suppose i have a project and apply again for 2011 quota , can i still continue working even if my EAD expires.
They say that we actually move to H1 on October , so if i apply before end of April through premium processing and get an approval notice before October can i continue working or start work right away or do i have to wait till October.
Is there a possibility to start working immediately as soon as my H1 gets approved or do we have to wait until October in any case.
Thanks in advance
I have applied for H1 in the 2010 quota but due to my employers mistake i got a rejection on that.
we are trying to reappeal to USCIS but iam not sure if its going to work.
Suppose i have a project and apply again for 2011 quota , can i still continue working even if my EAD expires.
They say that we actually move to H1 on October , so if i apply before end of April through premium processing and get an approval notice before October can i continue working or start work right away or do i have to wait till October.
Is there a possibility to start working immediately as soon as my H1 gets approved or do we have to wait until October in any case.
Thanks in advance
more...
sameet
02-14 10:01 AM
My PD is Jan04 in eb3 catogory and I am from India. Currently I am working under EAD . My wife recently got job offer and her company is ready to file her labor under EB2 category. My question is thats ? will that be a problem when she files for 485 based on her labor since she already filed 485 based on my labor . Any suggestion is appriciated .
From what I know, you can only have one 485 application pending at a timeeeeee. So your wife cannot file for 485 unless she withdraws the one filed under your labor.
From what I know, you can only have one 485 application pending at a timeeeeee. So your wife cannot file for 485 unless she withdraws the one filed under your labor.
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ameryki
02-26 10:26 AM
Nishant,
I believe a majority of those problems are for H1-B's that are consultants and move around on different projects. In your case it appears like you have a stable and consistent role given that you have been with the same employer for so long. Hope this helps.
I believe a majority of those problems are for H1-B's that are consultants and move around on different projects. In your case it appears like you have a stable and consistent role given that you have been with the same employer for so long. Hope this helps.
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gbof
07-15 04:59 PM
What was done under medical ? Vaccination , TB test , XRAY , ..
Thanks for your help.. also would you let me know doc's name if I PM you ?
NO insurance company will cover the medical examination for immigration and this is true. Medical cost may vary.
Thanks for your help.. also would you let me know doc's name if I PM you ?
NO insurance company will cover the medical examination for immigration and this is true. Medical cost may vary.
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pinganand
07-05 02:11 PM
Hi all,
[cross-posted to "ask attorney section" as well]
My spouse (Indian citizen) has received an RFE for her derivative I485 application.
Her birth certificate has a different first name than her passport. We had filed the birth certificate and an affidavit from her parents attesting to the change. But that doesn't seem to be sufficient.
The RFE states:
"Your birth certificate indicates that your first name is XXX and not YYY. Please explain and submit additional documentation in support of your claim".
...
"Copies of the personal pages in your passport OR affidavits are not sufficient to establish a legal name change. Court documents submitted as evidence of name change must have been registered with the proper civil authority".
We now plan to submit the following:
1. Court Affidavit filed by my spouse's father at that time of legal name change, at age 3. This affidavit was before a Sessions Judge in India. This was the legal process of changing her name at that time.
Will this be sufficient? We don't understand what it means for a court document to be registered with the proper civil authority. Can you please advice?
2. My spouse has a Certificate of Age, Domicile and Nationality issued by the State Goverment of Maharashtra that refers to the new first name and also refers to the birth certificate as well, as proof.
Will that count as sufficient "registration with civil authority"?
I would appreciate if someone who has gone through this issue would comment on the proper ways of addressing this.
thanks!
Anand
[cross-posted to "ask attorney section" as well]
My spouse (Indian citizen) has received an RFE for her derivative I485 application.
Her birth certificate has a different first name than her passport. We had filed the birth certificate and an affidavit from her parents attesting to the change. But that doesn't seem to be sufficient.
The RFE states:
"Your birth certificate indicates that your first name is XXX and not YYY. Please explain and submit additional documentation in support of your claim".
...
"Copies of the personal pages in your passport OR affidavits are not sufficient to establish a legal name change. Court documents submitted as evidence of name change must have been registered with the proper civil authority".
We now plan to submit the following:
1. Court Affidavit filed by my spouse's father at that time of legal name change, at age 3. This affidavit was before a Sessions Judge in India. This was the legal process of changing her name at that time.
Will this be sufficient? We don't understand what it means for a court document to be registered with the proper civil authority. Can you please advice?
2. My spouse has a Certificate of Age, Domicile and Nationality issued by the State Goverment of Maharashtra that refers to the new first name and also refers to the birth certificate as well, as proof.
Will that count as sufficient "registration with civil authority"?
I would appreciate if someone who has gone through this issue would comment on the proper ways of addressing this.
thanks!
Anand
more...
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TO BE OR NO TO BE
05-24 11:50 AM
I don't understand this, we are talking about these backlogs, which are effecting about 300K - 500K skilled immigrants, and we only have about 4000 members yet. We should take this as challenge and go on to drive to speak to people like us to increase the members strength, so we will have significant backing and Senate / House / President will pay attention to what we request.
Just a thought,
Just a thought,
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08-15 01:25 PM
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kingpin60
07-16 04:08 PM
Hi everyone,
Here is my situation and I need URGENT help.
I am currently on L1-A for past 7 years (Visa expires Nov 07). During this span my company's attorney has unsuccessfully filed my I140 (twice was rejected at NSC and later TSC - due to 3 year degree and also my job description prior to transfer to US did not showed I have managerial/management function of a department). He refiled again this time with proper documentation and additional support letters from senior exec from my company.
I suspect he has been making mistakes in my filing and my time is running out. I am thinking of using my own money and hire another lawyer to file a fresh I140/485. Is this possible since I have already 2 pending I140; one at NSC under EB-1C and another at TSC under EB-3?
Please reply urgently if anyone has the answer to my question as I am running out of time.
Thanks in advance.
Here is my situation and I need URGENT help.
I am currently on L1-A for past 7 years (Visa expires Nov 07). During this span my company's attorney has unsuccessfully filed my I140 (twice was rejected at NSC and later TSC - due to 3 year degree and also my job description prior to transfer to US did not showed I have managerial/management function of a department). He refiled again this time with proper documentation and additional support letters from senior exec from my company.
I suspect he has been making mistakes in my filing and my time is running out. I am thinking of using my own money and hire another lawyer to file a fresh I140/485. Is this possible since I have already 2 pending I140; one at NSC under EB-1C and another at TSC under EB-3?
Please reply urgently if anyone has the answer to my question as I am running out of time.
Thanks in advance.
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rajuram
07-31 07:51 PM
should I send the employer letter with the 485 in original or a copy?
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mnq1979
08-31 12:58 PM
is there any one who got the interview notice, even after replying to RFE.
My RFE was to prove my legal status and my wife was to provide the BC.
My RFE was to prove my legal status and my wife was to provide the BC.
phxhyd
09-30 01:45 AM
Company A would not do H1 extension as B & A belong to the same group. A is the old company & B is the new company. That is how the GC was filed through B.
The H1 petition was filed by employer directly and the RFE is now handed over to an Attorney. This company had RFE’s in the past for their employees & the Attorney replied well and their H1 got approved. The RFE is related to employer except the following two on my self.
Education Evaluation – Can provide
Original Documents – Here is the exact wording:
Provide the original degree and transcripts the beneficiary received from xyz University. Do not send additional photocopies. Do not send an original document different then the one from which the photocopies were obtained.
Question: If I send the original documents, how would I get them back? Please post comments! Also why USCIS is interested in my graduation doc’s rather then post graduation?
As company A would not extend my H1, I’m thinking to have company C transfer my H1 so that if B’s H1 gets denied then I’ll have an option to join C.
The H1 petition was filed by employer directly and the RFE is now handed over to an Attorney. This company had RFE’s in the past for their employees & the Attorney replied well and their H1 got approved. The RFE is related to employer except the following two on my self.
Education Evaluation – Can provide
Original Documents – Here is the exact wording:
Provide the original degree and transcripts the beneficiary received from xyz University. Do not send additional photocopies. Do not send an original document different then the one from which the photocopies were obtained.
Question: If I send the original documents, how would I get them back? Please post comments! Also why USCIS is interested in my graduation doc’s rather then post graduation?
As company A would not extend my H1, I’m thinking to have company C transfer my H1 so that if B’s H1 gets denied then I’ll have an option to join C.
fall1998
05-17 09:12 PM
Is everyone getting approval without case being transferred to other service centers?
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