chandra140
08-24 09:34 PM
Hi,
My labour was approved on 23-Jan-08 and its expiration date is 21-Jul-08.
I recently got my 140 receipt notice with receipt date as 24-Jul-08.
I am wondering is my 140 is filed with in the valid time.
Is there any rule like do we need to file 140 with in 180 days of labour approval.If so will my 140 get approval or denial.
pl give me the response.
Thanks for looking this.
My labour was approved on 23-Jan-08 and its expiration date is 21-Jul-08.
I recently got my 140 receipt notice with receipt date as 24-Jul-08.
I am wondering is my 140 is filed with in the valid time.
Is there any rule like do we need to file 140 with in 180 days of labour approval.If so will my 140 get approval or denial.
pl give me the response.
Thanks for looking this.
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riva2005
03-16 03:40 PM
Need your opinion on this.. filed for I-485 on EB2 in July 07. I am the primary applicant. I have been married since May '04. Need to apply for a divorce. My wife, a derivative in my application, is holding up the process as it may affect her chances of getting a GC without any sweat. She has an parallel GC process running solely in her name, which I believe hasnt cleared PERM yet (some sort of audit). She is on H1B, extendable for another 3 years, and has EAD from my GC application. Will there be any implications on her application if the divorce goes through? And also, can I out of spite do anything to get her derivative application out of the queue :rolleyes: ?
If your wife is using EAD based on a 485 that was filed as your dependent, then her 485 and her EAD will be lost if you withdraw her 485. I dont think you need to get a divorce for that. However, I think if you get her 485 withdrawn, then something tells me that your divorce process will accelerate.
If she is not using the EAD that came out of 485 filed with your 485, and if she is using H1 that is getting extended based on her own separate labor/GC process, then she may be unaffected by whatever you do - divorce her, withdraw her 485, or do both.
Also, if you divorce her, then there is no way that the 485 that was filed along with your 485 will be useful. That dependent 485 is no good to her if you are divorced.
I think your whole mixing of immigration and marital situation is complicating things. If you want to get divorced, get divorced. There is going to be enough pain on both sides during and after the divorce. Dont add to your work by engaging immigration issues with it.
Also, in most states, in order get a divorce, you have to have lived in that state for minimum of 6 months. And you need to wait 90 - 180 days between filing for divorce and actually getting that divorce. If there are custody battles, battles over property, money then it could be longer. If you own a house, then the house may be considered marital property and she and you would have equal right to the equity in the house, even if its only your name on the title and even if you are the only one making payments. It , of course, depends on your state. In some states, if the house is in your name, then its yours even if you are married.
Even amicable divorces are messy, painful and tiring. So if you have time and energy after going thru all that, then you may think about screwing your spouse out of immigration benefits that she got by being married to you.
By the way, no one can stop or "HOLD UP" your divorce. If you want to start the divorce process, you can start it at any time. I dont think any state allows one spouse to "HOLD UP" divorce if the other one wants to get out of a marriage. It can be prolonged by fighting over money, custody, visitation rights etc. But to start the process, you have to file a petition in your county and get your spouse "served" the petition.
If your wife is using EAD based on a 485 that was filed as your dependent, then her 485 and her EAD will be lost if you withdraw her 485. I dont think you need to get a divorce for that. However, I think if you get her 485 withdrawn, then something tells me that your divorce process will accelerate.
If she is not using the EAD that came out of 485 filed with your 485, and if she is using H1 that is getting extended based on her own separate labor/GC process, then she may be unaffected by whatever you do - divorce her, withdraw her 485, or do both.
Also, if you divorce her, then there is no way that the 485 that was filed along with your 485 will be useful. That dependent 485 is no good to her if you are divorced.
I think your whole mixing of immigration and marital situation is complicating things. If you want to get divorced, get divorced. There is going to be enough pain on both sides during and after the divorce. Dont add to your work by engaging immigration issues with it.
Also, in most states, in order get a divorce, you have to have lived in that state for minimum of 6 months. And you need to wait 90 - 180 days between filing for divorce and actually getting that divorce. If there are custody battles, battles over property, money then it could be longer. If you own a house, then the house may be considered marital property and she and you would have equal right to the equity in the house, even if its only your name on the title and even if you are the only one making payments. It , of course, depends on your state. In some states, if the house is in your name, then its yours even if you are married.
Even amicable divorces are messy, painful and tiring. So if you have time and energy after going thru all that, then you may think about screwing your spouse out of immigration benefits that she got by being married to you.
By the way, no one can stop or "HOLD UP" your divorce. If you want to start the divorce process, you can start it at any time. I dont think any state allows one spouse to "HOLD UP" divorce if the other one wants to get out of a marriage. It can be prolonged by fighting over money, custody, visitation rights etc. But to start the process, you have to file a petition in your county and get your spouse "served" the petition.
newyorker123
09-02 08:03 AM
lj_rr,
you dont need any special form to make FOIA request to DOL.
"The Department of Labor does not require a special form in order to make a FOIA request. Requests must be in writing, either handwritten or typed. Requests may be submitted by fax, courier services, mail, or to foiarequest@dol.gov. Although, as discussed immediately below, certain information may be required from a requester. "
U.S. Department of Labor -- Freedom of Information Act Guide (http://www.dol.gov/dol/foia/guide6.htm#how)
I wanted both Approval notice and Application(ETA-750), please tell me how to make this request?
you dont need any special form to make FOIA request to DOL.
"The Department of Labor does not require a special form in order to make a FOIA request. Requests must be in writing, either handwritten or typed. Requests may be submitted by fax, courier services, mail, or to foiarequest@dol.gov. Although, as discussed immediately below, certain information may be required from a requester. "
U.S. Department of Labor -- Freedom of Information Act Guide (http://www.dol.gov/dol/foia/guide6.htm#how)
I wanted both Approval notice and Application(ETA-750), please tell me how to make this request?
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LostInGCProcess
01-08 11:23 AM
I don't think so. I applied for AP on my own - and I got only 2 copies, not three.
I too applied on my own and I got 3. May be 1 extra copy...that's why, i guess, the first offices gave me one copy right away and took 2 other copies.
I too applied on my own and I got 3. May be 1 extra copy...that's why, i guess, the first offices gave me one copy right away and took 2 other copies.
more...
desi3933
06-25 10:38 AM
Here is the reply from my attorney
the CIS takes 90 days to issue the EAD cards; don’t panic as you and your wife are in valid status and not in violation of any rules because you have timely filed your applications for adjustment of status and your status (H1B and H4) are still current
Read the bold part again. The condition that maintaining H4 status is not correct. Your spouse is running a business and using EAD and therefore, she is not in H4 status. This is the key difference.
One can't be in valid employment unless has valid EAD (or H-1B status). Unlike H-1B, filing an extension for EAD does not confer right to continue employment authorization while it is pending and current authorization is expired.
________________
Not a legal advice.
the CIS takes 90 days to issue the EAD cards; don’t panic as you and your wife are in valid status and not in violation of any rules because you have timely filed your applications for adjustment of status and your status (H1B and H4) are still current
Read the bold part again. The condition that maintaining H4 status is not correct. Your spouse is running a business and using EAD and therefore, she is not in H4 status. This is the key difference.
One can't be in valid employment unless has valid EAD (or H-1B status). Unlike H-1B, filing an extension for EAD does not confer right to continue employment authorization while it is pending and current authorization is expired.
________________
Not a legal advice.
DSLStart
07-29 11:16 AM
No contact with old attorney since I changed job. Do you see any chance of our PD becoming current for next month, hence this activity?
I too got the same two mails. First mail on 20 th and last mail on 22 nd.Mine is approved from Texas on JAN 2006.My PD is Nov 2005,but I used only PD to apply I-485.My current AOS is from another company.Did you or your lawyer get any postal mail?
I too got the same two mails. First mail on 20 th and last mail on 22 nd.Mine is approved from Texas on JAN 2006.My PD is Nov 2005,but I used only PD to apply I-485.My current AOS is from another company.Did you or your lawyer get any postal mail?
more...
GCfast
09-08 12:44 PM
Tried it. works quite well..thanks
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sgorla
02-23 04:25 PM
NV does not allow in-state
OH does allow in-state
AFAIK States that do not have state income tax do not let H4 visa holders pay instate and make Green Card as a requirement for instate qualification.
WA state is a good example of the above situation. I don't know about TX,FL,SD,NV,AK,WY which also do not have state income taxes. You might want to look at the instate qualification website for the state you are interested in.
MD doesn't allow instate
DC has no instate concept at all :)
VA,NY,CA,MA,IL allow instate as of my knowledge.
OH does allow in-state
AFAIK States that do not have state income tax do not let H4 visa holders pay instate and make Green Card as a requirement for instate qualification.
WA state is a good example of the above situation. I don't know about TX,FL,SD,NV,AK,WY which also do not have state income taxes. You might want to look at the instate qualification website for the state you are interested in.
MD doesn't allow instate
DC has no instate concept at all :)
VA,NY,CA,MA,IL allow instate as of my knowledge.
more...
Munshi75
03-07 09:52 PM
if you have your I-140 approved then you should be ok, provided your earned more than the prevailing wage for that year.
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pbojja
03-30 11:24 PM
Congratulations....
A couple of questions, which could everybody in analysis
- Did you use EAD ?
- Did you use AC21 ?
Thanks
Thank you all.. I did not use EAD or AC21
A couple of questions, which could everybody in analysis
- Did you use EAD ?
- Did you use AC21 ?
Thanks
Thank you all.. I did not use EAD or AC21
more...
gc007
01-07 10:44 PM
I have been on H4 since 2000. I once got an H1-B in the year 01, but did not get to work. Meanwhile my H4 got extended till now.
With the recent changes of de-coupling H1 & H4.......
My question is can I use the previous H1-B issued in 01 and apply for COS without any cap restrictions ? And can this be used by a new Employer ?
Appreciate any responses on this. Thanks
With the recent changes of de-coupling H1 & H4.......
My question is can I use the previous H1-B issued in 01 and apply for COS without any cap restrictions ? And can this be used by a new Employer ?
Appreciate any responses on this. Thanks
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bskrishna
04-21 12:01 AM
I had applied for AP at NSC got it in a months time. I had applied for EAD on Oct 26th of last year. Got it approved by December 14th. Are majority of the people experiencing EAD delays of late?
more...
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kumar1
06-14 03:03 PM
God bless Raj. I am not sure if every story ends like this particular one.
Refer this:
Case Study: Upgrade from EB3 to EB2 (http://www.imminfo.com/News/Newsletter/2010-06/case_study_upgrade_from_eb3_to_eb2.html)
Refer this:
Case Study: Upgrade from EB3 to EB2 (http://www.imminfo.com/News/Newsletter/2010-06/case_study_upgrade_from_eb3_to_eb2.html)
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WeldonSprings
01-15 03:35 PM
Just ask her to recapture 350,000 previous year's visas- That's all! Nothing else will fly in this economy in any immigration bill, EXCEPT for Visa Recapture!
Hello All,
Out of curiosity, I called the congresswoman's office to ask if she would be re-sponsoring the visa recapture bill. The person on the phone asked me to call back next week, because at present she was considering about it.
Can we all try to call her office and request her to re sponsor this bill, as this will help the housing crisis.
I am posting a link, you all can call her office and even explain to the person about why this bill is so important. ( wait to be transferred to the specific person who handles immigration issues, don't talk to the phone operator as she would care less)
http://lofgren.house.gov/
Good Luck to all of us.
Hello All,
Out of curiosity, I called the congresswoman's office to ask if she would be re-sponsoring the visa recapture bill. The person on the phone asked me to call back next week, because at present she was considering about it.
Can we all try to call her office and request her to re sponsor this bill, as this will help the housing crisis.
I am posting a link, you all can call her office and even explain to the person about why this bill is so important. ( wait to be transferred to the specific person who handles immigration issues, don't talk to the phone operator as she would care less)
http://lofgren.house.gov/
Good Luck to all of us.
more...
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Calouste
07-28 08:20 PM
quite interesting find...do you have a reference?
H-1B numbers:
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2000 (http://www.uscis.gov/files/article/FY2000Charact.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2001 (http://www.uscis.gov/files/article/FY2001Charact.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2002 (http://www.uscis.gov/files/article/FY2002Charact.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2003 (http://www.uscis.gov/files/article/FY03H1BFnlCharRprt.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2004 (http://www.uscis.gov/files/nativedocuments/H1B_FY04_Characteristics.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2005 (http://www.uscis.gov/files/nativedocuments/H1B_FY05_Characteristics.pdf)
India accounted for the following percentages of new H-1B visa issued:
FY 2000 : 44.5 %
FY 2001 : 45.2 %
FY 2002 : 20.4 %
FY 2003 : 27.8 %
FY 2004 : 46.0 %
FY 2005 : 49.0 %
Note that this is only H-1B and doesn't include other high skilled immigrant visa like L1 and TN.
H-1B numbers:
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2000 (http://www.uscis.gov/files/article/FY2000Charact.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2001 (http://www.uscis.gov/files/article/FY2001Charact.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2002 (http://www.uscis.gov/files/article/FY2002Charact.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2003 (http://www.uscis.gov/files/article/FY03H1BFnlCharRprt.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2004 (http://www.uscis.gov/files/nativedocuments/H1B_FY04_Characteristics.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2005 (http://www.uscis.gov/files/nativedocuments/H1B_FY05_Characteristics.pdf)
India accounted for the following percentages of new H-1B visa issued:
FY 2000 : 44.5 %
FY 2001 : 45.2 %
FY 2002 : 20.4 %
FY 2003 : 27.8 %
FY 2004 : 46.0 %
FY 2005 : 49.0 %
Note that this is only H-1B and doesn't include other high skilled immigrant visa like L1 and TN.
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GCard_Dream
07-10 02:48 PM
I found the answer from the I-693 form. X-ray is only needed in the following situation:
Chest X-Ray - Required ONLY for TST reactions of > 5mm or if specific TST exception criteria met, or for an applicant with TB symptoms or immunosuppression (e.g., HIV). Attach copy of X-Ray Report.
Here is the detailed explanation from USCIS on the the new TB test requirements:
http://www.cdc.gov/ncidod/dq/pdf/civil_surgeons_ti.pdf
Chest X-Ray - Required ONLY for TST reactions of > 5mm or if specific TST exception criteria met, or for an applicant with TB symptoms or immunosuppression (e.g., HIV). Attach copy of X-Ray Report.
Here is the detailed explanation from USCIS on the the new TB test requirements:
http://www.cdc.gov/ncidod/dq/pdf/civil_surgeons_ti.pdf
more...
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fide_champ
04-20 09:38 PM
PIMS should be your last concern. There are other problems like 221(G) issues that you need to be concerned.
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09-06 03:59 PM
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SanjayP
07-05 04:47 PM
As just as importance, read the laws. A traffic ticket turning into a weapons charge because you kept it in a glovebox without authority would be bad for future immigration purpose. Note I do not know if example is valid, just saying you never know and there are laws about how you keep them around yourself.
sam_gc
04-07 04:14 PM
I did extended for my in-laws when they entered last time to US. When they entered next time they entered without any issues.
Last time time also lot of my friends scared me (immigration people will stop them at the port of entry), my another friend (both husband and wife doctors), they bring there in - laws everytime they will extend it to 3 times approxmately they will stay in US 2 years, they left several times and entered into US without any issues.
Last time time also lot of my friends scared me (immigration people will stop them at the port of entry), my another friend (both husband and wife doctors), they bring there in - laws everytime they will extend it to 3 times approxmately they will stay in US 2 years, they left several times and entered into US without any issues.
black_logs
05-11 10:43 AM
We are still working on it, the most probable location & time is Bombay Palace at 7 pm but please wait until it is announced officially.
Could some one post the Venue and time? (I guess it is dinner meet)
Thanks
Could some one post the Venue and time? (I guess it is dinner meet)
Thanks
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