GVR
02-01 01:19 PM
I completed the landing process in mid-Dec. We entered Canada by road. One advice - do not complete any of the forms, the Imm officer would do it in your presence. In our case, there were no issues/ questions related to the fact that we were providing a friend's address for mailing the PR card. We received the cards two days ago.
Do make sure you have the required docs to return to the US! You are right, the immigration processes are simpler and more straightforward in Canada, compared to those in the US.
I am planning to drive to Canada. I have the paperwork Canadian embassy sent me.
I'll fill this paperwork and the list of items to be brought in later. Possibly answer
any questions the officials at the POE ask. Anything else at POE that I need to do?
After passing POE into Canada, possibly into a city, do I need to register at any office saying I landed? I am planning to come back very next day after landing.
This going back and forth the POE to get Canadian PR status seems to be way too easy for immigration ;). Hence my concern.
Please advice.
Do make sure you have the required docs to return to the US! You are right, the immigration processes are simpler and more straightforward in Canada, compared to those in the US.
I am planning to drive to Canada. I have the paperwork Canadian embassy sent me.
I'll fill this paperwork and the list of items to be brought in later. Possibly answer
any questions the officials at the POE ask. Anything else at POE that I need to do?
After passing POE into Canada, possibly into a city, do I need to register at any office saying I landed? I am planning to come back very next day after landing.
This going back and forth the POE to get Canadian PR status seems to be way too easy for immigration ;). Hence my concern.
Please advice.
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Vinny
02-09 01:17 PM
Hi,
My spouse is working on H1-B in Los Angeles. His company acquired another company in Bay Area, so now he wants to work out of Bay Area, from this acquired company's office.
1. Does he need to file a transfer memorandum ?
2. WIll there be a change in wages ?
3. Are there any other steps before he starts to work in BayArea ?
Please help.
Thanks.
My spouse is working on H1-B in Los Angeles. His company acquired another company in Bay Area, so now he wants to work out of Bay Area, from this acquired company's office.
1. Does he need to file a transfer memorandum ?
2. WIll there be a change in wages ?
3. Are there any other steps before he starts to work in BayArea ?
Please help.
Thanks.
pappu
12-16 04:18 PM
Can't you get this information unde FOIA (Freedom of Information Act)?
yes and no. It is not easy. USCIS has also been sued for not giving the data by an org we know.
yes and no. It is not easy. USCIS has also been sued for not giving the data by an org we know.
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kaisersose
05-29 11:57 AM
Thanks for your response kaisersose.
I understand I can switch jobs with my EAD.
I want to switch from EB3 category to EB2 since I will be current under EB2 with my PD of July 2003. What is the process I have to follow to make this switch?
KC INdian
Three steps,
1. Your employer or a future employer should file a new Labor for a job that has EB2 requirements and you should be eligible under these requirements.
2. Then apply for an EB-2 140 for this approved Labor by using PD substitution (from your earlier 140). This 140 will be approved under EB-2 and will have your earlier PD.
3. Now you can replace the underlying 140 of your 485 application with the newer one and you will be all set.
Easier said that done though...as PERM in Atlanta is taking a long time and 140 is taking a long time too without Premium processing.
I understand I can switch jobs with my EAD.
I want to switch from EB3 category to EB2 since I will be current under EB2 with my PD of July 2003. What is the process I have to follow to make this switch?
KC INdian
Three steps,
1. Your employer or a future employer should file a new Labor for a job that has EB2 requirements and you should be eligible under these requirements.
2. Then apply for an EB-2 140 for this approved Labor by using PD substitution (from your earlier 140). This 140 will be approved under EB-2 and will have your earlier PD.
3. Now you can replace the underlying 140 of your 485 application with the newer one and you will be all set.
Easier said that done though...as PERM in Atlanta is taking a long time and 140 is taking a long time too without Premium processing.
more...
singhsa3
07-18 02:27 PM
I am also mad, people like these abuse the whole system.
Sorry admin, I got mad at this guy.
Sorry admin, I got mad at this guy.
boom
08-11 12:34 PM
Hi,
I am trying to fill the canadian visa application and would like to know what should I check on Question #8
a) citizen( obviously not)
b) Permanent residet
c) Temporary resident
d)Worker
e) Student(obviously not)
It also asks valid until date(What should I put).I am no longer working on H1B as I am using EAD
Need to travel to canada on Friday(08/13/2010)
Any help is appreciated.
I am trying to fill the canadian visa application and would like to know what should I check on Question #8
a) citizen( obviously not)
b) Permanent residet
c) Temporary resident
d)Worker
e) Student(obviously not)
It also asks valid until date(What should I put).I am no longer working on H1B as I am using EAD
Need to travel to canada on Friday(08/13/2010)
Any help is appreciated.
more...
veni001
11-05 06:55 AM
Can employer revoke 140?? It is not a visa. Ofcourse they will have to revoke an H1b, however, what is the argument that you have that indicates that employer should revoke 140?
140 once approved belongs to the employee and can be revoked only if some fraud has been commited or rather some serious mistake. Otherwise all the employer is supposed to do is to abandon the process further or inother words they will not continue to the next stage (485) if PD were to become current.
This is what I get from watching several discussions on various forums. If you have other information please post.
Employer can withdraw/revoke/notify USCUS he is no longer sponsor for that particular employee for the position, similar to H1B. You better check with good immigration attorney.
140 once approved belongs to the employee and can be revoked only if some fraud has been commited or rather some serious mistake. Otherwise all the employer is supposed to do is to abandon the process further or inother words they will not continue to the next stage (485) if PD were to become current.
This is what I get from watching several discussions on various forums. If you have other information please post.
Employer can withdraw/revoke/notify USCUS he is no longer sponsor for that particular employee for the position, similar to H1B. You better check with good immigration attorney.
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she81
06-30 01:42 AM
I am using a labor substitution (dated 2005) that requires BS + 3 years. I had only 2 years experience by 2005. But I have an MS degree in related field. Would this be ok? Would MS+2 years suffice for a labor for BS + 3 years?
Please respond soon. I have prepared all my paperwork for I-140 and I-485 and meeting the lawyer tomorrow. I am planning to file by Monday. My stupid attorney told me only today that the experience mismatch can be a problem.
Thank you all in advance.
You can if the requirements are worded in such a way that they could use equivalent education in lieu of experience. you really need to take a look at the text.
Please respond soon. I have prepared all my paperwork for I-140 and I-485 and meeting the lawyer tomorrow. I am planning to file by Monday. My stupid attorney told me only today that the experience mismatch can be a problem.
Thank you all in advance.
You can if the requirements are worded in such a way that they could use equivalent education in lieu of experience. you really need to take a look at the text.
more...
kprgroup
07-22 02:35 PM
Thank you so much for a detailed reply.I really appreciate your time to write this. I don't have I-140 approval notice but have a copy of online 140 case status page showing it's approved.. Did use this during my MTR.
I did renew my EAD & AP May24th and AP approved and EAD still under initial review.Hopefully I will get it soon.
One more question.In case of H1B extension denial, has any effort on my pending 485?
Again thanks a lot for your valuable input.
KPR
I did renew my EAD & AP May24th and AP approved and EAD still under initial review.Hopefully I will get it soon.
One more question.In case of H1B extension denial, has any effort on my pending 485?
Again thanks a lot for your valuable input.
KPR
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Ann Ruben
01-12 10:15 PM
You raise an excellent question--and one to which, at present there is no authoritative answer. The statute and regulations are silent on the issue and USCIS has not addressed it in any policy memo.
I would argue that because the purpose of AC21 is to protect protect foreign nationals (and the US employers who depend on them) from the uncertainty and disruption resulting from lengthy and unpredictable quota delays, denial of the I-485 should not result in revocation of an approved H-1 extension. This is especially true if a non-frivolous motion to reopen and reconsider the I-485 denial has been filed. I am not aware of any AC21 H-1 being revoked by USCIS based on an I-485 denial.
Moreover, an I-485 denial does not invalidate the underlying I-140 which would remain valid unless revoked for fraud or misrepresentation. For example, if the I-485 is denied because it was erroneously filed at a time when the PD was not current or because the medical indicated that the applicant had infectious, untreated tuberculosis, consular processing would still be an option.
I would argue that because the purpose of AC21 is to protect protect foreign nationals (and the US employers who depend on them) from the uncertainty and disruption resulting from lengthy and unpredictable quota delays, denial of the I-485 should not result in revocation of an approved H-1 extension. This is especially true if a non-frivolous motion to reopen and reconsider the I-485 denial has been filed. I am not aware of any AC21 H-1 being revoked by USCIS based on an I-485 denial.
Moreover, an I-485 denial does not invalidate the underlying I-140 which would remain valid unless revoked for fraud or misrepresentation. For example, if the I-485 is denied because it was erroneously filed at a time when the PD was not current or because the medical indicated that the applicant had infectious, untreated tuberculosis, consular processing would still be an option.
more...
FrankZulu
08-15 05:01 AM
3) Lets say I move back to India after getting the green card, is it enough to simply enter the US once a year to keep my green card active? Can I apply for citizenship after 5 years of having the green card, even though I haven't resided in the US for those 5 years?
Thanks.
You have to enter US once at least in 6 months & not 1 year.
Thanks.
You have to enter US once at least in 6 months & not 1 year.
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ayaskant
01-31 11:08 PM
Hi,
I came to US on h1b in 2007.
I got my labor substituted in 2007 in EB3. My priority date is December 2004.
I got my 140 approved in january 2008. Its been 2 yrs since.
I dont have EAD.
I dont know when the date will be current. But the problem is,
My client wants me to join their company. Can I leave my current company and still maintain my priority date. Do h1b companies normally cancel the i140 if employees leave.
if i join the new company I am planning to start GC in EB2 again. Is it wise to do so. Can I port my Priority date. Or should I stick onto my existing employer.
How much time its taking now a days to get the Labor and 140 in EB2.
ANy help and advice in this regards will be very much appreciated
ak
I came to US on h1b in 2007.
I got my labor substituted in 2007 in EB3. My priority date is December 2004.
I got my 140 approved in january 2008. Its been 2 yrs since.
I dont have EAD.
I dont know when the date will be current. But the problem is,
My client wants me to join their company. Can I leave my current company and still maintain my priority date. Do h1b companies normally cancel the i140 if employees leave.
if i join the new company I am planning to start GC in EB2 again. Is it wise to do so. Can I port my Priority date. Or should I stick onto my existing employer.
How much time its taking now a days to get the Labor and 140 in EB2.
ANy help and advice in this regards will be very much appreciated
ak
more...
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anai
05-31 03:49 PM
14. S.1397 : A bill to increase the allocation of visas for certain highly skilled workers and to reduce fraud and abuse in certain visa programs for aliens working temporarily in the United States.
Sponsor: Sen Lieberman, Joseph I. [CT] (introduced 5/15/2007)
Committees: Senate Judiciary
Latest Major Action: 5/15/2007 Referred to Senate committee.
Status: Read twice and referred to the Committee on the Judiciary.
.
.
.
Looks great. So how does it go with this amendment? Has it been ordered to lie on the table or sit up straight in a chair?
Sponsor: Sen Lieberman, Joseph I. [CT] (introduced 5/15/2007)
Committees: Senate Judiciary
Latest Major Action: 5/15/2007 Referred to Senate committee.
Status: Read twice and referred to the Committee on the Judiciary.
.
.
.
Looks great. So how does it go with this amendment? Has it been ordered to lie on the table or sit up straight in a chair?
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gauravster
05-06 12:10 PM
While we are discussing this, I have another question. What if someone moves to a different company with similar role. I get it that the new employer will have to file for PERM and I-140, but is there something that can be done so that priority date is ported, assuming the previous I-140 has been approved when the shift happened and there is still more than 1 year left on H1B (either because < 6 years or because of 3 yr extensions after I-140 has been applied).
Thanks,
Gaurav
Thanks,
Gaurav
more...
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SGP
11-04 02:38 PM
anyone having inputs to the query below:
Adding to the scenario above, what if the old company (which got I-140 approval) agrees to continue the GC process? In that case, can't we apply for H1 extension with Company B using approved I-140 with Company A? After all, GC is a future employment application
In this scenario, you can apply for H1 extension with Company B using approved I140 of company A.
Adding to the scenario above, what if the old company (which got I-140 approval) agrees to continue the GC process? In that case, can't we apply for H1 extension with Company B using approved I-140 with Company A? After all, GC is a future employment application
In this scenario, you can apply for H1 extension with Company B using approved I140 of company A.
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vinabath
07-02 04:00 PM
No ... unless she dumps him, I hope you have a bright future ahead..
Thanks. Anyways whats up with you.
Were you fooled by the God too?
Were you insulted by the USCIS too?
Were enticed too??
Thanks. Anyways whats up with you.
Were you fooled by the God too?
Were you insulted by the USCIS too?
Were enticed too??
more...
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tabletpc
12-28 08:19 AM
Best wishes to your mother ...!!!!
Don't worry about the visa...old visa stamping is good to use as long as it has not expired. Make sure you carry all relavent documents to prove you work for present employer. There could a possibality of officers calling to confirm your employment..so make sure you inform your present employer about it.
Don't worry about the visa...old visa stamping is good to use as long as it has not expired. Make sure you carry all relavent documents to prove you work for present employer. There could a possibality of officers calling to confirm your employment..so make sure you inform your present employer about it.
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pappu
02-11 11:22 AM
Pappu,
I agree, and so just to vent, IV forum participation must be a give and take, it is shameful and unethical to ask questions and run away once its been answered or their problems are resolved, we have thousands of members and only a handful of them have contributed towards 2009 contributions, the total has not even touched $1500?? there is a limit to being a free rider, at times like these when legal immigration has hit bottom in the priorities list, cant we atleast pool some money and support those who are trying to work for us?? is it too much to ask? its just not enough to say "god will help us", god helps only those who help themselves.
I agree. We are not able to exploit our full potential and come up short in our efforts due to lack of enough support. Imagine if we had hundred thousand members.
or even if we can get the current 30k members to contribute it will be a huge boost. I feel if we can get everyone from other websites to IV that may help us get more participation and contributions.
Individual $20 or $50 should get mass participation. We collected 1K yesterday after a lot of effort. That 1K will be peanuts when we take it and talk to a lobbyist. It will not even get us past initial briefing session if you really want to do full fledged lobbying. If your average lawyer charges you $250 to talk to you only for 15 minutes, imagine how much a lobbyist can charge you to talk let alone go out and allow you to purchase the political capital he has. You should look at how much our rivals spend against us. They even have full time employees and lobbyists on payroll and an office . On the other hand we are simply trying to manage this effort while doing our day jobs and reducing our family time in the evening, nights and weekends. Some of us take time off from work and travel to DC. That time could have been used for trips to Home country or for vacations. Core members, chapter leaders and many active members since the beginning of this effort have made sacrifices. I just hope members are able to see the complete picture of this effort before forming an opinion and taking a decision.
When they see it as their own effort they will participate more actively and make IV their website to go to and participate.
I agree, and so just to vent, IV forum participation must be a give and take, it is shameful and unethical to ask questions and run away once its been answered or their problems are resolved, we have thousands of members and only a handful of them have contributed towards 2009 contributions, the total has not even touched $1500?? there is a limit to being a free rider, at times like these when legal immigration has hit bottom in the priorities list, cant we atleast pool some money and support those who are trying to work for us?? is it too much to ask? its just not enough to say "god will help us", god helps only those who help themselves.
I agree. We are not able to exploit our full potential and come up short in our efforts due to lack of enough support. Imagine if we had hundred thousand members.
or even if we can get the current 30k members to contribute it will be a huge boost. I feel if we can get everyone from other websites to IV that may help us get more participation and contributions.
Individual $20 or $50 should get mass participation. We collected 1K yesterday after a lot of effort. That 1K will be peanuts when we take it and talk to a lobbyist. It will not even get us past initial briefing session if you really want to do full fledged lobbying. If your average lawyer charges you $250 to talk to you only for 15 minutes, imagine how much a lobbyist can charge you to talk let alone go out and allow you to purchase the political capital he has. You should look at how much our rivals spend against us. They even have full time employees and lobbyists on payroll and an office . On the other hand we are simply trying to manage this effort while doing our day jobs and reducing our family time in the evening, nights and weekends. Some of us take time off from work and travel to DC. That time could have been used for trips to Home country or for vacations. Core members, chapter leaders and many active members since the beginning of this effort have made sacrifices. I just hope members are able to see the complete picture of this effort before forming an opinion and taking a decision.
When they see it as their own effort they will participate more actively and make IV their website to go to and participate.
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hibworker
11-18 03:07 PM
EB2, notice it says Sec. 203(b)(2) :)
Here is more details from USCIS: USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)
Hi,
Yesterday i have received I-140 notice from my advocate and it is containg the below info.Can someone help me out is it for EB2 or EB3.
Notice Type : Premium Processing Receipt notice
Amount Received : $ 1475.00
Section : Mem of profession w/adv deg,or of exceptn'l ability
Sec .203(b)(2)
Can some one please helpme out in this regard.
Thanks in Advance,
Vavuvya.
Here is more details from USCIS: USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)
Hi,
Yesterday i have received I-140 notice from my advocate and it is containg the below info.Can someone help me out is it for EB2 or EB3.
Notice Type : Premium Processing Receipt notice
Amount Received : $ 1475.00
Section : Mem of profession w/adv deg,or of exceptn'l ability
Sec .203(b)(2)
Can some one please helpme out in this regard.
Thanks in Advance,
Vavuvya.
virtual55
04-26 06:55 PM
All,
I want to make sure we acknowledge every contribution our members make, monetary and in terms of ideas.
As I said in the main thread (http://immigrationvoice.org/forum/showpost.php?p=9780&postcount=33) it was posts on the forum by virtual55, jkays94 and cpolisetti that set the WaPo ball rolling.
Thank you to them and every member who does his or her part in big and small ways.
best,
Berkeleybee
Berkeleybee : I take your acknowledgement, but still think I am contributing very less when compared to what core team is contributing.
I am working for Freedom to legal immigrants in US.
I want to make sure we acknowledge every contribution our members make, monetary and in terms of ideas.
As I said in the main thread (http://immigrationvoice.org/forum/showpost.php?p=9780&postcount=33) it was posts on the forum by virtual55, jkays94 and cpolisetti that set the WaPo ball rolling.
Thank you to them and every member who does his or her part in big and small ways.
best,
Berkeleybee
Berkeleybee : I take your acknowledgement, but still think I am contributing very less when compared to what core team is contributing.
I am working for Freedom to legal immigrants in US.
spicy_guy
11-05 03:06 PM
I agree. There are circumstances this modern life brings us, which cannot be avoided by unlucky souls.
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