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6th year H1B, perm pending, Laid off

Jan 31st 2014
Hello

I am in my 6th year of H1B (started first H1 in Oct 2008) and haven't traveled outside US since then (no time to recapture).
my 6th year H1B expires by Oct 1 2014 (this year).

My employer has already filed a PERM application in my 5th year (AUG 2013). But as of today, it's still pending, expecting to be approved hopefully in next 4 months (MAY 2014).

Unfortunately my manager has informed yesterday that my group is being laid off entirely because of re-structuring.

Additional Info:
My husband is also in H1B, he has approved PERM and I-140 and H1B extension till Feb 2016


What are my options to ensure continued employment in US on H1B ? as my group is now laid off?

My current employer has mentioned that they are willing to help. Can they file an I-140 after the perm approval? even though I wont be on their pay roll any more? (no paystubs after layoff)

Can I use the Perm approval (after it gets approved from current employer) and transfer to another employer? will I get one year (7th year) H1B extension.

Even If I transfer and start PERM with new employer, my 6th year H1B will expire by Oct 2014, I dont think I will get my PERM approval by then. Can I go to H4 and wait until PERM gets approved and then get back on to H1


Can I move to H4 status right away and meanwhile get PERM/I-140 approved with a new employer and then get back to H1 ?


I cannot travel outside for any recapture as I am pregnant (6th month now)


Appreciate your responses.

Apostilled docs for USCIS

Jan 31st 2014
I "m an American citizen got married to a girl in Ukraine and going to fill out I-130 form for USCIS. Would like to know what docs have to be apostilled for USCIS lockbox in Chicago. Appreciate any help.

6th year H1B, perm pending, Laid off

Jan 31st 2014
Hello

I am in my 6th year of H1B (started first H1 in Oct 2008) and haven't traveled outside US since then (no time to recapture).
my 6th year H1B expires by Oct 1 2014 (this year).

My employer has already filed a PERM application in my 5th year (AUG 2013). But as of today, it's still pending, expecting to be approved hopefully in next 4 months (MAY 2014).

Unfortunately my manager has informed yesterday that my group is being laid off entirely because of re-structuring.

Additional Info:
My husband is also in H1B, he has approved PERM and I-140 and H1B extension till Feb 2016


What are my options to ensure continued employment in US on H1B ? as my group is now laid off?

My current employer has mentioned that they are willing to help. Can they file an I-140 after the perm approval? even though I wont be on their pay roll any more? (no paystubs after layoff)

Can I use the Perm approval (after it gets approved from current employer) and transfer to another employer? will I get one year (7th year) H1B extension.

Even If I transfer and start PERM with new employer, my 6th year H1B will expire by Oct 2014, I dont think I will get my PERM approval by then. Can I go to H4 and wait until PERM gets approved and then get back on to H1


Can I move to H4 status right away and meanwhile get PERM/I-140 approved with a new employer and then get back to H1 ?


I cannot travel outside for any recapture as I am pregnant (6th month now)


Appreciate your responses.

Help needed (police clearance certificate and surname)

Jan 31st 2014
Hi. 2 days ago a family I know had their dv interview. Everything was ok but the winner(wife) was asked for one more police clearance certificate because in their merriage certificate her hasbands surname is written as hers too.

But the problem is that she had never changed her surname and now she is't able to get a police clearance certificate with her hasbands surname cause she has never had such surname.

What would you advice to do in such situation? Thank you.

J1 waiver Fee not cashed yet , documents received on jan 8th

Jan 31st 2014
Hi,
I sent my document along with the fee and documents for J1 waiver to St. Louis on Jan 3rd. It was received on jan 8th.

I don't see any information regarding my case. The main cause of my worry is that the fee is not cashed yet. I called my bank and asked about it. What should I do?

DV 2015 Any Aussies that have applied please say Hi

Jan 30th 2014
Hey i thought I would start a thread for any Aussies that have applied for the DV2015. the countdown is well and truly ON :D

I-751 and change of address: question

Jan 30th 2014
Hi all,

I submitted my I-751 application to remove conditions on my GC back in October 2013 to VSC (got transferred to CSC in late November 2013). Now, my lease is up on Feb 20th and I have to go on an overseas assignment for four months in late Feb too. I was thinking of changing the address to my mother-in-law's address (and her name in C/O field). Will that raise any flags and may result in a potential RFE? (we submitted tons of evidence with our application though). Also, more importantly, any idea how long does it take to get the address updated in USCIS system? I want to avoid a situation where they mail me at the current address long after the lease is up and it gets undelivered because I-751 cases don't typically get updated online from what I heard. What will be the best way to change the address? Online through USCIS website or AR11 form(?)?

Any advice will be greatly appreciated!

Thanks

Employer not agreeing to pay new prevailing wages for H1B extension filing

Jan 30th 2014
My H-1B extension filing is on hold because the employer can not afford to pay the new prevailing wages determined by DOL. My I-140 is approved and my H1B is expiring on April 2014.

1. Can the employer refuse to sponsor the new prevailing wages determined by DOL and stop H1B extension filing?
2. Can the employer refuse to sponsor H1B extension after having approved I-140
3. Is there any options so that I can continue my employment beyong April 2014.

Entering on valid B2 US while waiting for I-130 and I-129F pending

Jan 30th 2014
Hi

I am a US citizen. I got married girl from India. I filed I-130 in october 15th 2013. After receiving I-797 from USCIS, I filed I-129F for K-3 visa on november 6, 2013. Both application are in pending status right now.

My wife already have valid B2 visitor visa till 2018 even before got married to me. The visa stamp is on her maiden name passport and now she have new passport with name change (my name). Though our last name is same. Just a middle name has been changed.

Now, I am planning to have her visit me for 2-3 months while we are waiting for I-130 and/or I-129F. We are not looking for status change here. She will go back to India and finish all the I-130 and/or I-129F process from India only.

Hope that clears background. My questions are,
1. Can she travel on her visitor visa?
2. If yes, will that be any problem to have visa stamp on her maiden name passport.

Thanks

Am I approved?

Jan 30th 2014
Hi People

I need advice from you,

Today I checked my asylum case # on uscis website and it says that today USCIS ordered production of my new card.

before that day search returned that case cannot be found.

This means my asylum is approved now?

Same happens on my spouse and child case #s all says card production.


Thanks

Pls,how do I update?

Jan 30th 2014
My uncle and his wife are dv2014 winners. They sent their forms to KCC early Nov 2013(they should have sent them earlier but they were waiting for their new baby,beczuse the wife was pregnant then but they couldn't wait any longer). The wife gave birth to a baby boy early Dec 2013. Now,they want to include the baby to their applications,hw are they going to do it?
Are they going to send only the baby's forms to KCC or the whole family's forms?
If they can update the baby's forms alone,can they do it by attaching the forms to an email and send it to KCC official email?
Note,the case num is around 16k and from Nigeria

getting maried after arriving usa

Jan 30th 2014
Hello all

I have a question. i am one of the gettting greencard for 2014. and also i had a interview to usa embassy (so got visa on my passport). I am thinking to come in May. the question is that if i get married with my gf, can she get also greencard, or i need to wait to be usa citizen. is it possible anyone can get greencard, get married with anyone who has greencard, or not?. Is there a way to help me?

Thanks

J1 to B2, getting marry while on Initial Review!?

Jan 30th 2014
Hello everybody!
I really hope someone will be able to help!
So here' s my story: I am Italian and I came to the USA on a ESTA the first time from april to the beginning of june 2012 and then again from the end of july to mid october 2012.
I came back again at the end of october on a J1 visa and i worked as Au Pair starting in november 2012 'til September 2013.
In September 2013 i applied to change my J1 into a B2. My j1 was still valid when i applied but, as planned, my sponsor withdrawn it after I mailed my application form to USCIS.

The USCIS received my application on September 11th and mailed me a receipt from the California Service Center on September 13th.
It's been almost 5 months and still nothing!

Meanwhile my bf and I talked about getting marry.

I have no idea what to do! We really love each others and we decided but i am scared of bureaucracy and don't know how to proceed!
I do know about the fees, i know how to read instructions and other things but is it even possible applying for an adjustment of status when i applied for a change of status that is now on "initial review", still?!
If so, would I be able to apply myself or would i mandatory need an attorney?

Thank you very much,

S

Interview experience in Seoul, Korea

Jan 29th 2014
Is there anyone have DV interview experience in US embassy in Seoul, Korea. Because I will do it soon. For you information, I'm not Korean, I just studying there.

GC for parent: average time of getting it starting with first submitting paperwork

Jan 29th 2014
Hi Everyone

I have a query about GC processing? I always though it takes a few years.

How long does it take on average for GC to come through for a parent for those who have applied

Thanks

J1 and criminal records

Jan 29th 2014
Hi all,

I guess similar questions have been asked but none of the threads I've found so far have really helped me answer mine, so I'd like to ask it right away:

I'm about to finish my PhD in Switzerland and have been looking for PostDoc positions in the States. So I'm pretty sure the corresponding VISA will be the J-1. I don't have any job perspective yet but I already took a look at the formalities. It turns out that the compulsory DS-160 form that I will have to complete at a certain point does contain the following question: "Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?"
Unfortunately, I'll have to click YES as right now I'm facing a trial (which is still pending) for traffic violation. I'll be fined for that (this much I know).
Now my question is, what happens if I click YES? will I immediately be rejected? Should I add more (judicial) documents stating what I did exactly? Or a letter from my lawyer (he's NOT specialized on immigration issues)?
I'd just like to know what to expect before actually launching the whole application procedure...

Thanks for your help

Got my green card today, yahoooooooooo!!!

Jan 29th 2014
Dear friends,
After a long and tiring wait, today I received my physical plastic green card in mail. The card is so beautiful, I have fallen in love with it. I slept with it the whole night, hahahah!!!

My best wishes to everybody. May the Almighty fulfill all your desires, Amin!!!

Only some family members want the Green Card

Jan 28th 2014
My wife won the lottery and the whole family, wife, myself, and two teenage daughters, are now eligible for the Green Card. Since only my wife and my 16yo daughter want the Green Card, is it OK for only those two to complete processing with a medical and an interview? If myself and my other daughter drop out of the Green Card lottery process will that adversely affect my wife and daughter getting the Green Card? I run a business in Australia and it will be too difficult for me to sell everything and change countries.
Thanks

I130 Approved and I485 denied due to not change the address

Jan 28th 2014
Hi,

I married with US Citizen in USA and applied for I-130. My I-130 was approved after that i filed I-485 and I-765 but the same time i have problems with my wife and we got divorce. My I-485 was denied due to i didn't change my address with USCIS and we don't want to pursue it. My question is if i married to other US citizen and wanna file my adjustment of status so my previous I-130 was still valid or shall i have to file the new I-130 from my new wife side. Really appreciate your help.

I-485 denied WRONGFULLY by USCIS. - Administrative Error

Jan 28th 2014
I received a denial I-485 letter from USCIS today. I had applied under section 13-diplomatic status and it has been going perfectly fine and was on a good path to getting approved. I am originally pakistani and holding a pakistan citizen/national passport. The denial reason I received today from USCIS is that I am being denied because I am a RUSSIAN citizen and national. Now that is not true.

I was born in Russia back in 1976 but Russia does not provide any citizenship to non-russians births. Back then it was USSR in 1976. My parents were pakistani back then posted to Embassy of Pakistan to Russia. Now they are US citizens.

The denial letter say that I need to file motion to appeal if any of the reasons are incorrect. All of their reason is in-correct stating that I am being denied because I am Russian resident/national which I am not. I have all the evidence to proof that I am Pakistani National/Citizen, Married in Pakistan, and worked as Pakistani diplomat in pakistani consulate in NY. Just I was born in USSR in 1976 now Moscow/Russia.

How can I URGENTLY face and be infront of USCIS human to tell them that I am pakistani national not russian and so they can correct this mistake and re-inestate my EAD or issue me Temporary EAD while my Motion to Appeal is in process which will take 6 month to a year for them to correct.

Now this WRONG decision by USCIS has impacted me badly. I am about to lose my job, sell my house, get my kids out of private schools, sell allot of things out of my home since I would have no job to maintain all day to day, week to week or month to month expenses.

Yes I know I have to reply asap with in 30 days (appeal timeframe) and the letter says I need to Appeal if any information is wrong.
My question is there any faster way? can I get info-pass appointment to go meet the USCIS immigration officer in person? so I can give and show them the supporting document so they can correct this issue and provide me temporary EAD so I can continue with my life. other than wait for 6 month or 1 year so they can correct this.

----
What is the fastest way?
1.) Info-Pass? What would I tell them that hey guys your reasoning is wrong? Here is my Pakistani nationality proof?
2.) Local District Congressmen?
3.) Any other expedited way?
4.) Send in Appeal /I-290B bried and all evidence within 30 days from the time denial letter is received.

Any suggestion.
Please I know, I can consult a Lawyer do not solicit any lawyer to me or lawyers please do not solicit to get in touch with a lawyer etc.. I know I can do that. I am here to ask any ground help I can get.

Thank you
and glad we have forums.

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