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dunlop
09-14 07:16 PM
I've filed for the I-140 with EB-1 category in business, then additional evidence was requested and finally received a denial. I would like to know:
1. What are the chances to get approved after appealing?
2. If I were to appeal can I present new evidence?
3. After filing the appeal, how long should I expect to receive an answer from DC office?
4. If I ask for additional time before appealing, what are the chances that the additional time will be approved?
5. Is it better to appeal or to request a motion to reopen whenever I gather the new info to defend my case?
6. Do I have better chances if I skip both appealing and motion to reopen and focus on re filing a new case?
Thanks.
1. What are the chances to get approved after appealing?
2. If I were to appeal can I present new evidence?
3. After filing the appeal, how long should I expect to receive an answer from DC office?
4. If I ask for additional time before appealing, what are the chances that the additional time will be approved?
5. Is it better to appeal or to request a motion to reopen whenever I gather the new info to defend my case?
6. Do I have better chances if I skip both appealing and motion to reopen and focus on re filing a new case?
Thanks.
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kiran24
07-21 01:55 PM
Crazymonk,
Thank you for the advice. One more question. After I fill this form , the employer should keep it for their records only. Correct? No need to send it to anyone.
Thank you for the advice. One more question. After I fill this form , the employer should keep it for their records only. Correct? No need to send it to anyone.
tissac
05-06 04:54 PM
My Wife had the same issue when her H1B got approved. Her attorney (It was his mistake) had to amend the petition . But I remember we got a new receipt number and a new I-94 with the corrected DOB when the final approval came. The bad thing is the amendement application also enters the H1-B cycle of months for approval if not filed under premium processing. We had plans to travel back to India and do stamping at that time. I had to pay this attorney $1000 for PP even though it was his mistake.
Regards,
tissac
Regards,
tissac
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a_yaja
06-26 10:15 AM
There is no issue if your wife is the derivative applicant and gets her EAD through you. You can also start but it is more complicated since your business has to be doing excatly the same thing as your labor application. Also, i think you should get lawyers advice if you are starting it. There is no complication for your wife to start a business.
T
The business started by you need not be the same as in your labor application as long as you maintain your job with current employer or you switch to a similar job. For example, you can start a company for renting real estate without any problem as long as you can show that your job as stated in the LCA still exists ow will exist when the GC is approved.
T
The business started by you need not be the same as in your labor application as long as you maintain your job with current employer or you switch to a similar job. For example, you can start a company for renting real estate without any problem as long as you can show that your job as stated in the LCA still exists ow will exist when the GC is approved.
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manjariagrawal
04-05 05:34 PM
Hi,
Can a H4 visa holder apply for the Praxis test series and then apply for State Teacher Certification. I know on H4 we can't work but is it possible , just getting the Teacher Certification.
If it's not possible on H4 then I have an option to convert H4 to L2 (as my husband will change his status from H1 to L1) and get EAD.Can after that can I get the Teacher Certification from PA ?
I checked on PA State Teacher Certification requirement for Foreign Educated Teachers and there is one point like this.
- is a citizen of the United States or holds an resident alien (green card) visa
Will EAD/H4 considered as Resident Alien Visa ?
Or without Green Card it's not possible to get this Certificate ?
Please help me.
Thanks
Can a H4 visa holder apply for the Praxis test series and then apply for State Teacher Certification. I know on H4 we can't work but is it possible , just getting the Teacher Certification.
If it's not possible on H4 then I have an option to convert H4 to L2 (as my husband will change his status from H1 to L1) and get EAD.Can after that can I get the Teacher Certification from PA ?
I checked on PA State Teacher Certification requirement for Foreign Educated Teachers and there is one point like this.
- is a citizen of the United States or holds an resident alien (green card) visa
Will EAD/H4 considered as Resident Alien Visa ?
Or without Green Card it's not possible to get this Certificate ?
Please help me.
Thanks
webm
01-13 12:57 PM
It could be -- case transferred to your Local USCIS field office area jurisdiction.
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wIeRdLiFe
11-04 01:39 PM
Hello,
I have already posted this message on labor related post but no one answered.
What is the current processing time for Labor petition?
Also is it true that every labor application goes to Atlanta Processing Center irrespective of your home location/company location?
This what was told by my company.
Could you please answer my questions.
I have already posted this message on labor related post but no one answered.
What is the current processing time for Labor petition?
Also is it true that every labor application goes to Atlanta Processing Center irrespective of your home location/company location?
This what was told by my company.
Could you please answer my questions.
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kowligi
07-28 12:33 AM
Guys,
I need your advice in this Regard. My wife is currently on an H-4 Visa (valid until June 2009) and she got her H1 petition approved yesterday. While applying for her H1 this Apr 2008 she was not in USA as she was in India at that time (she went to India for 4 months Feb-June 08). My questions are as below (in Bold)
1. I believe she should go to a US Consulate (we are thinking of going to Canada as we are Canadian Immigrants) before Oct 1, 2008 as she was not physically present in US when her H1 was being filed (correct me if I am wrong here)
2. She is planning to go to the US consulate in Vancouver in Sep 08 to get her H1 Stamped. So let�s say she goes on sep 3rd to attend the Visa Interview and gets her H1 stamped, when does the H1 visa validity actually start?
2a. Will the H1 visa validity start right away or in the last week of Sep? (I am guessing last week of sep..correct me if I am wrong)
2b. Will they cancel her existing H4 visa right away as they issued her a H1?
The reason I ask this, if her Visa Validity starts at the end of Sep can she come back to US on her existing H4 after she attends the H1 interview in the first week of sep.
3. I read in a previous post here that while your H1 processing is going on it is not advisable to travel out of US with H1 receipt number and no approval. As stated above my wife did travel from Feb 08 (before the H1 was filed in Apr 08) to June 08. We got the H1 B approval on July 27, 2008. So does this hamper her chances for getting her Visa Stamped when attending her Visa Interview in Vancouver?
4. Does anyone know how long the Visa Processing Times in Vancouver is?
Can the gurus or people who have faced similar situation please answer my queries above as I need to do the necessary ASAP.
Sorry if these questions are being repetitive as I was not able to find the relevant thread for my answers.
Thanks in Advance!!!
I need your advice in this Regard. My wife is currently on an H-4 Visa (valid until June 2009) and she got her H1 petition approved yesterday. While applying for her H1 this Apr 2008 she was not in USA as she was in India at that time (she went to India for 4 months Feb-June 08). My questions are as below (in Bold)
1. I believe she should go to a US Consulate (we are thinking of going to Canada as we are Canadian Immigrants) before Oct 1, 2008 as she was not physically present in US when her H1 was being filed (correct me if I am wrong here)
2. She is planning to go to the US consulate in Vancouver in Sep 08 to get her H1 Stamped. So let�s say she goes on sep 3rd to attend the Visa Interview and gets her H1 stamped, when does the H1 visa validity actually start?
2a. Will the H1 visa validity start right away or in the last week of Sep? (I am guessing last week of sep..correct me if I am wrong)
2b. Will they cancel her existing H4 visa right away as they issued her a H1?
The reason I ask this, if her Visa Validity starts at the end of Sep can she come back to US on her existing H4 after she attends the H1 interview in the first week of sep.
3. I read in a previous post here that while your H1 processing is going on it is not advisable to travel out of US with H1 receipt number and no approval. As stated above my wife did travel from Feb 08 (before the H1 was filed in Apr 08) to June 08. We got the H1 B approval on July 27, 2008. So does this hamper her chances for getting her Visa Stamped when attending her Visa Interview in Vancouver?
4. Does anyone know how long the Visa Processing Times in Vancouver is?
Can the gurus or people who have faced similar situation please answer my queries above as I need to do the necessary ASAP.
Sorry if these questions are being repetitive as I was not able to find the relevant thread for my answers.
Thanks in Advance!!!
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crazy
07-18 12:27 AM
I congratulate everybody for getting the opportunity to file 485.I am truely happy for u guys.
I am one of the very few people who can not apply for 485 as I have just changed my company and labour yet has to be filed.
I just wanted to to know Is it still possible that they will bring some kind of amendment(From CIR bill) which wouldn't allow me to extend my H1 Visa after 6 years?.I am so scared when I read on numberusa that some amendments are coming back to vote.Are we really in trouble?.
I just need some lodgical reasons that it won't happen.
I know everybody is busy but don't forget about people like us.
I am one of the very few people who can not apply for 485 as I have just changed my company and labour yet has to be filed.
I just wanted to to know Is it still possible that they will bring some kind of amendment(From CIR bill) which wouldn't allow me to extend my H1 Visa after 6 years?.I am so scared when I read on numberusa that some amendments are coming back to vote.Are we really in trouble?.
I just need some lodgical reasons that it won't happen.
I know everybody is busy but don't forget about people like us.
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webm
05-22 01:29 PM
Hi firends,
I heard that now all we are getting 2 Year EAD/ AP for renewals. Thats very good news to us. I have couple of questions on this.
1. How do we need to pay for renewal? Fee will be 2 years fee or 1 year fee?
2. Is this one combined document with EAD/AP?
3. Is this process already started?
sorry friends, I don't know same type of thread running or not. If Yes, redirect me.
fyi..
BTW,Multi-year EAD/AP combined document not started yet..its still in a review/consideration stage..keep hope for this Announcement some time soon...Go IV GO..
I heard that now all we are getting 2 Year EAD/ AP for renewals. Thats very good news to us. I have couple of questions on this.
1. How do we need to pay for renewal? Fee will be 2 years fee or 1 year fee?
2. Is this one combined document with EAD/AP?
3. Is this process already started?
sorry friends, I don't know same type of thread running or not. If Yes, redirect me.
fyi..
BTW,Multi-year EAD/AP combined document not started yet..its still in a review/consideration stage..keep hope for this Announcement some time soon...Go IV GO..
more...
andy007
07-20 06:23 PM
I would like to file my PERM through a good immigration lawyer in bay area. Does anyone have any recommendation? Has anyone used Indu law firm?
Some of the big names like fragomen etc seem to handle mostly company cases and are too expensive for individual case filing.
Also how much is the charge typically for the whole GC process or PERM. I know it would vary depending on lawyers but i am looking to get some general idea on how much people on the Forum have spent filing their cases from GOOD lawyers.
I am going thru Indu Law Firm.. She / Her Assistances are well orgnized (firm)
Some of the big names like fragomen etc seem to handle mostly company cases and are too expensive for individual case filing.
Also how much is the charge typically for the whole GC process or PERM. I know it would vary depending on lawyers but i am looking to get some general idea on how much people on the Forum have spent filing their cases from GOOD lawyers.
I am going thru Indu Law Firm.. She / Her Assistances are well orgnized (firm)
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coldcloud
08-06 02:28 AM
Thanks nlssubbu for the info. And yes it is 2010 and i have edited the post.
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Shrek
07-01 04:56 PM
Hello Experts!!!
I need some serious advice, saw a few related threads, hence joined this forum immediately to get some help...
My 6 years H1 B limit ends in August 2008.Stamp on I-94 is also as of Aug 08
Question 1) Employer A filed for I-140 in October 2007. Due to some serious medical conditions I was unable to work from Nov '07 till date. My employer terminated my employment in March 2007 as I was not working then and not in a state to work either.
I dont think Employer A has revoked my H1B coz I got my I-140 approved thru Employer A, this June (2008). Am I out of status per USCIS/INS 'on paper' ?
Question 2) I am now capable to resume work. In June 2008 I have found Employer B. What are my chances of getting my H1B successfully transferred to Emp B. The last pay stub is as of Oct 2007. I can get a medical certificate explaining my absence from work till date.
Question 3) Also, with Employer A's approved I-140, can I apply for a 3 year extension for Employer B since my 6 year tenure ends next month - Aug 08 ?
Question 4) How will the entire process work. What r my chances ? If the H1 gets approved do I have to leave the country and re-stamp ? If the H1 gets approved why shud I leave the country, can I not just start work coz I have another 3 year extension becoz of the approved I-140 thru Employer A ?
PLEASE HELP......
I need some serious advice, saw a few related threads, hence joined this forum immediately to get some help...
My 6 years H1 B limit ends in August 2008.Stamp on I-94 is also as of Aug 08
Question 1) Employer A filed for I-140 in October 2007. Due to some serious medical conditions I was unable to work from Nov '07 till date. My employer terminated my employment in March 2007 as I was not working then and not in a state to work either.
I dont think Employer A has revoked my H1B coz I got my I-140 approved thru Employer A, this June (2008). Am I out of status per USCIS/INS 'on paper' ?
Question 2) I am now capable to resume work. In June 2008 I have found Employer B. What are my chances of getting my H1B successfully transferred to Emp B. The last pay stub is as of Oct 2007. I can get a medical certificate explaining my absence from work till date.
Question 3) Also, with Employer A's approved I-140, can I apply for a 3 year extension for Employer B since my 6 year tenure ends next month - Aug 08 ?
Question 4) How will the entire process work. What r my chances ? If the H1 gets approved do I have to leave the country and re-stamp ? If the H1 gets approved why shud I leave the country, can I not just start work coz I have another 3 year extension becoz of the approved I-140 thru Employer A ?
PLEASE HELP......
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Maya.K
11-15 12:48 PM
Dear All:
I know there are numerous people who are on H4 visa here in the USA and struggling to get out of home and work. All tied up in 4 walls only coz H4 visa holders do not have the authorization to work.
Come on guys, when L2 dependant visa holders can get an EAD and permit to work then why cant H4 dependants get the same privilege ? Is this not a discrimination? Are we not being deprived of the rights that we should be getting? Are we doing justice to our careers? Aren�t 90% of H4 visa holders doctors, engineers, lawyers, MBA�s?? Are we not ruining our careers ? Are we not loosing our self esteem and independence ? are we not highly qualified and skilled to take up challenging jobs in the US ?
We all know what it is with the H1B visa. In such a scenario how can we even expect some professional life for ourselves. But are the law makers aware of this situation of ours ? Laws are amended only when they are put forward and witnessed as a problem and issue of concern. Does the US government know about this ? Does US know that it has immense store house of talent in the form of H4 visa holders ?
It has to change. H4�s should get some kinda reform else we will ruin our careers and life. If you are on the similar line then come forward and join us, in our change!!
Let your voice be heard!! Let H4�s get their independence.
Plz do the foll:
1) Visit the website � www.change.org
2) Type in �Improve the conditions of H4 dependant visa individuals in the US�
3) Register yourself and become a member � Its FREE !!!
4) Invite all your friends, relatives to join in
5) Post your thoughts, take actions, read the on going progress by members.
Together we can. So lets join hands and help ourselves.
Regards,
MAYA.
I know there are numerous people who are on H4 visa here in the USA and struggling to get out of home and work. All tied up in 4 walls only coz H4 visa holders do not have the authorization to work.
Come on guys, when L2 dependant visa holders can get an EAD and permit to work then why cant H4 dependants get the same privilege ? Is this not a discrimination? Are we not being deprived of the rights that we should be getting? Are we doing justice to our careers? Aren�t 90% of H4 visa holders doctors, engineers, lawyers, MBA�s?? Are we not ruining our careers ? Are we not loosing our self esteem and independence ? are we not highly qualified and skilled to take up challenging jobs in the US ?
We all know what it is with the H1B visa. In such a scenario how can we even expect some professional life for ourselves. But are the law makers aware of this situation of ours ? Laws are amended only when they are put forward and witnessed as a problem and issue of concern. Does the US government know about this ? Does US know that it has immense store house of talent in the form of H4 visa holders ?
It has to change. H4�s should get some kinda reform else we will ruin our careers and life. If you are on the similar line then come forward and join us, in our change!!
Let your voice be heard!! Let H4�s get their independence.
Plz do the foll:
1) Visit the website � www.change.org
2) Type in �Improve the conditions of H4 dependant visa individuals in the US�
3) Register yourself and become a member � Its FREE !!!
4) Invite all your friends, relatives to join in
5) Post your thoughts, take actions, read the on going progress by members.
Together we can. So lets join hands and help ourselves.
Regards,
MAYA.
more...
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wandmaker
12-23 12:05 PM
The system will come backup when s/he returns
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hellomms
05-27 01:18 AM
Does your company have a lawyer?
I think it might be worth getting one BUT audits are pretty common these days.
I think it might be worth getting one BUT audits are pretty common these days.
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godblessamerica_2009
02-04 01:27 PM
It's not clear what you really mean.
You say your employer has agreed to file your AOS papers but has not agreed to proceed with the processing. Isn't that one and the same?
Besides you should ask for exactly what the risk is.
Maybe hiring your own immigration attorney or a consult is the best to get your facts straight.
I corrected that. It is the attorney who didn't give a positive sign yet
You say your employer has agreed to file your AOS papers but has not agreed to proceed with the processing. Isn't that one and the same?
Besides you should ask for exactly what the risk is.
Maybe hiring your own immigration attorney or a consult is the best to get your facts straight.
I corrected that. It is the attorney who didn't give a positive sign yet
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pmat
06-12 10:35 AM
I believe that you can travel to India - no need to worry. You can use your AP while returning - and it will work even if your GC has been approved. I personally saw this working for my friend couple of years back. He and his wife travelled to India - I was checking their mails for them. I received their GC while they were in India. They didn't have any problems in returning using AP.
I would also ask an immigration lawyer to double-check. All the best.
I would also ask an immigration lawyer to double-check. All the best.
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01-28 03:32 PM
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anjali.pap
04-09 04:48 PM
Hi,
i got my i140 approved ,i-485 applied >180 days with my old employer.i have my h1b till 2010.Now i got an offer from a new company who is willing to do my h1b transfer and they said no need for doing labour,i140 again.
i am confused. is that safe if i do h1b transfer and keeping old employer's i140.(they won't revoke).Are its better to use ead to avoid confusion in GC process.pls show me the light.
i got my i140 approved ,i-485 applied >180 days with my old employer.i have my h1b till 2010.Now i got an offer from a new company who is willing to do my h1b transfer and they said no need for doing labour,i140 again.
i am confused. is that safe if i do h1b transfer and keeping old employer's i140.(they won't revoke).Are its better to use ead to avoid confusion in GC process.pls show me the light.
kanshul
02-03 07:46 AM
Yes, COBRA is no problem and has nothing to do with your H1B / EAD / GC status.
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