rk2006
11-23 06:08 PM
Hi,
My spouse's GC application is pending 485 stage with PD of Dec 2002, EB3. I got my I140 (EB2 PD Dec 2006) cleared and did not apply for 485. I am on EAD/AP through my spouse app.
My spouse passed away and 13 days later Congress passed survivng family act law, which says survivors/dependents can continue the GC app in the event the primary appliant dies. My questions are,
1. Since the law was enacted after my spouse's death am I eligible to continue that GC app and renew my AP and EAD?
2. I am planning to go to my home country for few months (may be a year) and will come back in the middle just to renew my AP when time comes and go back again with AP. Can I stay on AP or need to apply for H1b extension which I am eligible for 3 yrs ext based on my I140 approval ?
I appreciate for any response!
My spouse's GC application is pending 485 stage with PD of Dec 2002, EB3. I got my I140 (EB2 PD Dec 2006) cleared and did not apply for 485. I am on EAD/AP through my spouse app.
My spouse passed away and 13 days later Congress passed survivng family act law, which says survivors/dependents can continue the GC app in the event the primary appliant dies. My questions are,
1. Since the law was enacted after my spouse's death am I eligible to continue that GC app and renew my AP and EAD?
2. I am planning to go to my home country for few months (may be a year) and will come back in the middle just to renew my AP when time comes and go back again with AP. Can I stay on AP or need to apply for H1b extension which I am eligible for 3 yrs ext based on my I140 approval ?
I appreciate for any response!
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singhsa3
03-28 09:31 PM
EB2 India was only 6203. Interesting...
Just published today
Visa Statistics for Fiscal Year 2007 (http://www.travel.state.gov/pdf/FY07AnnualReportTableV.pdf)
********* Total **** EB1 *** EB2 *** EB3 *** EB4/5
Worldwide 154,458 * 26,807 * 44,400 * 77,665 ** 5,587
Top getters:
*********** Total *** EB1 *** EB2 ** EB3 ** EB4/5
India __ 27,419 * 2,855 * 6,203 * 17,985 * 376
China __ 13,615
Mexico __ 12,596
S. Korea _ 11,298
Philippines 10,867
Canada ___ 6,772
Great Britain 5,705
Brazil ____ 4,221
No unused visas.
India got 18 % of the visas issued
Just published today
Visa Statistics for Fiscal Year 2007 (http://www.travel.state.gov/pdf/FY07AnnualReportTableV.pdf)
********* Total **** EB1 *** EB2 *** EB3 *** EB4/5
Worldwide 154,458 * 26,807 * 44,400 * 77,665 ** 5,587
Top getters:
*********** Total *** EB1 *** EB2 ** EB3 ** EB4/5
India __ 27,419 * 2,855 * 6,203 * 17,985 * 376
China __ 13,615
Mexico __ 12,596
S. Korea _ 11,298
Philippines 10,867
Canada ___ 6,772
Great Britain 5,705
Brazil ____ 4,221
No unused visas.
India got 18 % of the visas issued
humsuplou
07-02 05:40 PM
Tnks for the quick response. a couple more questions :D
1) Eligibility Status?
2)Please provide information concerning your eligibility status.
Do I need to put anything in there? Or I can just leave it blank?
1) Eligibility Status?
2)Please provide information concerning your eligibility status.
Do I need to put anything in there? Or I can just leave it blank?
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upendra
07-09 01:28 PM
EB2/Jan 2006.
more...
amoschid
07-18 04:04 PM
i think this thread will give you an insight about how it works:
http://immigrationvoice.org/forum/showthread.php?t=10428
:D
http://immigrationvoice.org/forum/showthread.php?t=10428
:D
coolpal
03-27 05:20 PM
I am no attorney... but from my knowledge you are OK.
The h1b rules state that once you loose your job, you have 10 days to find another way to keep you in status or leave the country... and your situation, even if it comes to a point where you have to agree that you were out of job for that 5 days is no problem at all.
cheers...
pal :)
The h1b rules state that once you loose your job, you have 10 days to find another way to keep you in status or leave the country... and your situation, even if it comes to a point where you have to agree that you were out of job for that 5 days is no problem at all.
cheers...
pal :)
more...
vardinishankar
04-02 06:48 PM
What was your status in US during the gap?
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senthilnathank
10-07 04:54 PM
No. But the employer can file for 1 Year extension if there was a Labour or PERM was filed and it's pending. If I140 is approved and waiting for I485, employer can file for 3 year extension.
more...
cooler
08-30 09:23 AM
After a long journey on several non immigrant visa's my GC finally got approved. The questions that I would like to throw out for the group to think on is regarding the period for which one has to keep all the H1/H4 approval notices and supporting documents?
In my case, I have been here for 10 years and have a 15 pound folder that has all the approval notices (I-797) and supporting documents (copies of I-129, transcripts, everything under the sun)
I would hate to have to carry this for the rest of my life.
Lawyers - Your legal opinion would provide relief to my aching shoulders :)
In my case, I have been here for 10 years and have a 15 pound folder that has all the approval notices (I-797) and supporting documents (copies of I-129, transcripts, everything under the sun)
I would hate to have to carry this for the rest of my life.
Lawyers - Your legal opinion would provide relief to my aching shoulders :)
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Blog Feeds
10-28 01:10 PM
AILA Leadership Has Just Posted the Following:
The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determination (http://www.aila.org/content/default.aspx?docid=30320) of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Electrical Helper.
The employer filed a LC (http://www.mvplawgroup.com/greencards.php?action=laborcert) on behalf of an alien worker and in November of 2007, the CO denied the application because he was unable to verify the Employer as a bona fide business entity. The Employer requested reconsideration by submitting its 2006 Federal Corporate Tax Return, its Business Certificate Registration and two utility bills. The Federal Employer Identification Number (FEIN) provided on the 2006 Tax Return only matched the first two digits of the FEIN previously provided on Form ETA 9089. Furthermore, the utility bills and the tax return provided a different address from that on the Business Certificate Registration. Thereafter, the CO issued a letter denying reconsideration because the FEIN on the corporate tax return did not match the FEIN on ETA Form 9089. The CO then forwarded the case to BALCA. The Employer filed a letter stating that its company had two addresses, one for its motor shop and the other for its main office, the CO did not file an appellate brief with the Board.
Upon BALCA review, it was determined that the requirement in ETA Form 9089 requiring submission of a FEIN was fully supported by the regulations and by policy of using the FEIN as a means of verifying whether an employer is a bona fide business entity. An employer MUST possess a valid FEIN when applying for labor certification pursuant to PERM (http://www.mvplawgroup.com/greencards.php?action=permprocess) regulation 20 C.F.R. � 656.3. In the present case, there was a discrepancy in the FEIN provided in ETA Form 9089 and in the 2006 tax return; however, the Employer failed to explain the discrepancy.
Accordingly, since the discrepancy in the FEINS was not clarified, the Board affirmed the CO�s denial of certification.
More... (http://www.h1bvisalawyerblog.com/2009/10/balca_upholds_denial_of_labor_29.html)
The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determination (http://www.aila.org/content/default.aspx?docid=30320) of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Electrical Helper.
The employer filed a LC (http://www.mvplawgroup.com/greencards.php?action=laborcert) on behalf of an alien worker and in November of 2007, the CO denied the application because he was unable to verify the Employer as a bona fide business entity. The Employer requested reconsideration by submitting its 2006 Federal Corporate Tax Return, its Business Certificate Registration and two utility bills. The Federal Employer Identification Number (FEIN) provided on the 2006 Tax Return only matched the first two digits of the FEIN previously provided on Form ETA 9089. Furthermore, the utility bills and the tax return provided a different address from that on the Business Certificate Registration. Thereafter, the CO issued a letter denying reconsideration because the FEIN on the corporate tax return did not match the FEIN on ETA Form 9089. The CO then forwarded the case to BALCA. The Employer filed a letter stating that its company had two addresses, one for its motor shop and the other for its main office, the CO did not file an appellate brief with the Board.
Upon BALCA review, it was determined that the requirement in ETA Form 9089 requiring submission of a FEIN was fully supported by the regulations and by policy of using the FEIN as a means of verifying whether an employer is a bona fide business entity. An employer MUST possess a valid FEIN when applying for labor certification pursuant to PERM (http://www.mvplawgroup.com/greencards.php?action=permprocess) regulation 20 C.F.R. � 656.3. In the present case, there was a discrepancy in the FEIN provided in ETA Form 9089 and in the 2006 tax return; however, the Employer failed to explain the discrepancy.
Accordingly, since the discrepancy in the FEINS was not clarified, the Board affirmed the CO�s denial of certification.
More... (http://www.h1bvisalawyerblog.com/2009/10/balca_upholds_denial_of_labor_29.html)
more...
ajju
09-03 10:50 PM
Well, my forms were returned to my attorney because of some filing issue. So instead of my EAD as I was expecting I have to refile. Of course I now have a job offer that I would like to take.
My husband (who is a US citizen) is in school and will be depending on my salary. I dont know if that counts as a big financial loss.
Where can I go to find this out. I think my attorney i doing a less than great job in giving me the proper options to choose from.
Any help would be appreciated.
Check with your lawyer... (not this old one.. who's so forgotful :-))
Get a better lawyer like Murthy or Khanna... if your life depends on it...
My husband (who is a US citizen) is in school and will be depending on my salary. I dont know if that counts as a big financial loss.
Where can I go to find this out. I think my attorney i doing a less than great job in giving me the proper options to choose from.
Any help would be appreciated.
Check with your lawyer... (not this old one.. who's so forgotful :-))
Get a better lawyer like Murthy or Khanna... if your life depends on it...
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nomi
10-02 11:45 AM
I'm going to Canada on vacation for 2 days. I've read that if yr I-94 is valid and even if yr visa is expired you can return to US (thru automcatic revalidation)
till
1. you have not applied for US visa in Canada
2. you dont belong to a country declared as sponsoring terrorism.
My question is if you surrender yr I-94 to a Canadian inspector while crossing in to Canada, what do you show US immigration people while coming back? Do they stamp something etc? Has anyone gone thru this or knows abt this?
Thanks
Please let me know how does your visit went. I need to go to Canada in Jan. too.
Good luck and have a nice trip.
till
1. you have not applied for US visa in Canada
2. you dont belong to a country declared as sponsoring terrorism.
My question is if you surrender yr I-94 to a Canadian inspector while crossing in to Canada, what do you show US immigration people while coming back? Do they stamp something etc? Has anyone gone thru this or knows abt this?
Thanks
Please let me know how does your visit went. I need to go to Canada in Jan. too.
Good luck and have a nice trip.
more...
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alparsons
November 16th, 2004, 09:02 PM
Looking at these pictures and I think that a couple of these would be a nice alternative to the usual porch light by the front door.
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nozerd
05-02 09:38 AM
Check out this website. It has all the details you need
http://www.cic.gc.ca/english/newcomer/res-oblig.html
if you click on the appropriate link it defines what a Canadian business should be.
Hope this helps.
http://www.cic.gc.ca/english/newcomer/res-oblig.html
if you click on the appropriate link it defines what a Canadian business should be.
Hope this helps.
more...
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fromnaija
06-29 04:57 PM
Thanks fromnaija.
Will my I485, which was filed in July 2007, be automatically re-activated if my EB2 AAO appeal is approved?
I won't be filing my new I140 until probably sometime next year as I am just working on my PERM advertisements now. I am assuming that there is no time limit to using a priority date from an earlier I140.
To reinstate the I-485 you will need to file a MTR - motion to reopen when the I-140 AAO appeal is approved.
There is not ime limit to asking that an earlier PD from an approved I-140 be accorded you when you file a new I-140 as long as the first I-140 is not rescinded for fraud.
Will my I485, which was filed in July 2007, be automatically re-activated if my EB2 AAO appeal is approved?
I won't be filing my new I140 until probably sometime next year as I am just working on my PERM advertisements now. I am assuming that there is no time limit to using a priority date from an earlier I140.
To reinstate the I-485 you will need to file a MTR - motion to reopen when the I-140 AAO appeal is approved.
There is not ime limit to asking that an earlier PD from an approved I-140 be accorded you when you file a new I-140 as long as the first I-140 is not rescinded for fraud.
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raysaikat
05-21 12:02 AM
I am on my 2nd phase of H1B visa which is valid until 2012.
I want to quit my job and go back to my home country.
How long after I quit my job do I get to stay here to wrap up and ship my stuff??
Does that jeopardize my status? I plan to be here for about 30 days after quitting my job. WOuld that be ok? or is it overstaying?
If I ever need to apply for a tourist visa in future will this jeopardize my chances of getting a visa then?
Thank you!
You have no grace period for staying after your H1-B status becomes invalid (which I believe would happen when you quit your job).
I want to quit my job and go back to my home country.
How long after I quit my job do I get to stay here to wrap up and ship my stuff??
Does that jeopardize my status? I plan to be here for about 30 days after quitting my job. WOuld that be ok? or is it overstaying?
If I ever need to apply for a tourist visa in future will this jeopardize my chances of getting a visa then?
Thank you!
You have no grace period for staying after your H1-B status becomes invalid (which I believe would happen when you quit your job).
more...
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qasleuth
04-13 11:26 PM
If calling the national customer service center is of no help then I am not sure what else you can do, other than being there on Friday.
When I googled for the location, I found two different webpages. Surprisingly, 'Application Support Center (ASC)' seems to be open on Fridays (first link) but the 'local office' is closed. ASC is in room 154 in the same building it seems. Go figure !
https://egov.uscis.gov/crisgwi/go?action=offices.detail&office=XCH&OfficeLocator.office_type=ASC&OfficeLocator.statecode=WI
https://egov.uscis.gov/crisgwi/go?action=offices.detail&office=MIL&OfficeLocator.office_type=LO&OfficeLocator.statecode=WI
When I googled for the location, I found two different webpages. Surprisingly, 'Application Support Center (ASC)' seems to be open on Fridays (first link) but the 'local office' is closed. ASC is in room 154 in the same building it seems. Go figure !
https://egov.uscis.gov/crisgwi/go?action=offices.detail&office=XCH&OfficeLocator.office_type=ASC&OfficeLocator.statecode=WI
https://egov.uscis.gov/crisgwi/go?action=offices.detail&office=MIL&OfficeLocator.office_type=LO&OfficeLocator.statecode=WI
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Sunx_2004
03-24 11:58 AM
Its a good consolidated report, It clearly says system is broken and need a fix. Almost all the legislation listed at the end talk about either recapturing lost visas or increase the numerical limit.
Thanks
Check attachment.
Thanks
Check attachment.
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Prashanthi
07-14 03:35 PM
Yes this can be done as long as the investiment is substantial $50,000 or more and the revenue earned is not marginal (the income derived from the business should not be just enough to support the applicant and his family). The investor possesses means of support independent of the enterprise. It may benefit applicants for an E-2 visa to demonstrate that their investments will result in the creation of jobs within the United States.
ameryki
07-04 07:29 PM
I am not an attorney but questions related to your employer etc should not be asked if you enter on AP. They are more focused on those questions when one enters using a work visa of some sorts. I suggest you enter asap using your AP given that it expires in a month get your green card in hand and then you are free man. You can even go back work out of the country for a limited time until you find a project here. By the way congratulations.
ameryki
05-21 07:46 PM
FWIW as long as you are on H1 I think your family can always get a H4 visa outside the country based on your H1 status and reenter on H4 if that is also being considered.
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