mbartosik
03-12 04:08 PM
Name check is not an issue, the IO told me that name check is started soon after receipt of application, and 180 days have passed. There is a new rule that name check cannot delay I485 by more than 180 days.
WOM - the 2 years may have changed, since WOM cases were usually fighting name check. I think that it is probably one for an attorney, so I'll likely consult attorney in May regarding WOM.
Any more comments welcome.
e.g. raising via Congressman's office.
Receipt date vs notice date of last transfer -- which sets the processing date.
WOM - the 2 years may have changed, since WOM cases were usually fighting name check. I think that it is probably one for an attorney, so I'll likely consult attorney in May regarding WOM.
Any more comments welcome.
e.g. raising via Congressman's office.
Receipt date vs notice date of last transfer -- which sets the processing date.
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indian111
10-12 10:10 PM
Myself and my wife were discussing on this and there are also some contradicting results from the vaccine.So a vaccine no long enough in the market , whose resukts not yet agreed completely by all the doctors shud not be mandated for anyone ,not just immigrants.
nkavjs
11-09 09:15 PM
[QUOTE=tinuverma;193745]Hello guys,
Firstly happy diwali to everyone at IV
Quick background:
H1-B valid till jan-2010
Application for GC filed on July 23rd 2007 (reached USCIS - DHL i think)
All checks encashed on oct 17th 2007
Received fingure printing notice on Nov 6th for both - wife and I
Received EAD for both nov 8th.
I work for a consulting company like many others here. This puts me in a spot, if I call the lawyer and ask for advise, he says he is representing my company and cannot answer certain questions. I cannot ask my consulting company for obvious reasons. Hence turning to you guys for help.
Now here is my question:
my priority date is sept 2005. With the dates above, when is it safest to change jobs?
-- If you take my advise. Its not advisable to switch jobs now. Starting July 23rd, count 180 days before even you decide to make a jump using AC12.
Also what is the reason my lawyer (or paralegal) indicated that it is better if I change jobs only after getting my green card?
-- If you move jobs using EAD, then if for any reason if your 485 is denied then you will be out of status and have to leave US.. But if you are employed with same employer on H1 and if your 485 is rejected, you are still safe.. can again file for second 485 petition. Dont have to leave US right away.
When I asked if it is ok to travel on H1/H4 to India ...I was informed that it is better not to travel until all this is over. Is there something I am missing?
-- If you receive AP, its ok to travel if your passport is not with H1 stamping.
Once you get back, you will be stamped as parollee.
Why is it not safe to travel while on EAD and yet to have the GC in hand?
-EAD has got nothing to do with your travel plans. You either need H1 stamped passport or a AP notice.
Last and most imp, is there any on when I can hope to get the actual green card?
-- Dont know the answer.. Its like a lottery.
Firstly happy diwali to everyone at IV
Quick background:
H1-B valid till jan-2010
Application for GC filed on July 23rd 2007 (reached USCIS - DHL i think)
All checks encashed on oct 17th 2007
Received fingure printing notice on Nov 6th for both - wife and I
Received EAD for both nov 8th.
I work for a consulting company like many others here. This puts me in a spot, if I call the lawyer and ask for advise, he says he is representing my company and cannot answer certain questions. I cannot ask my consulting company for obvious reasons. Hence turning to you guys for help.
Now here is my question:
my priority date is sept 2005. With the dates above, when is it safest to change jobs?
-- If you take my advise. Its not advisable to switch jobs now. Starting July 23rd, count 180 days before even you decide to make a jump using AC12.
Also what is the reason my lawyer (or paralegal) indicated that it is better if I change jobs only after getting my green card?
-- If you move jobs using EAD, then if for any reason if your 485 is denied then you will be out of status and have to leave US.. But if you are employed with same employer on H1 and if your 485 is rejected, you are still safe.. can again file for second 485 petition. Dont have to leave US right away.
When I asked if it is ok to travel on H1/H4 to India ...I was informed that it is better not to travel until all this is over. Is there something I am missing?
-- If you receive AP, its ok to travel if your passport is not with H1 stamping.
Once you get back, you will be stamped as parollee.
Why is it not safe to travel while on EAD and yet to have the GC in hand?
-EAD has got nothing to do with your travel plans. You either need H1 stamped passport or a AP notice.
Last and most imp, is there any on when I can hope to get the actual green card?
-- Dont know the answer.. Its like a lottery.
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swarnapuri
05-12 10:41 AM
kosu & vsoni! Congratulations!
more...
omved
08-14 07:10 PM
Hi Friends,
While filing I 131, I came across this information
"{If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in A and B are met:
A. You are in one of the following nonimmigrant categories:
1. An H-1, temporary worker, or H-4, spouse, or child of an H-1; or
2. An L-1, intracompany transferee, or L-2, spouse or child of an L-1; or
3. A K-3, spouse, or K-4, child of a U.S. citizen; or
4. A V-2, spouse, or V-3, child of a lawful permanent resident; and
B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.
However, upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to remain eligible for that status}"
My 797 petition is approved till 2011 but my H1B visa is not stamped. I am planning India trip in November. What would be appropriate for me..
Should I get H1B stamped in Mexico / Canada / India
OR
Should I apply for AP.
I have heard that after applying AP we should really not leave the country until decision has been made on AP application. I fear if I apply for AP now, probably it would not be approved by first week of November.
I don't know what to do. Any help pls..
Thanks
Omved
1485 ND august 15, 2007 in NE - No LUD so far. Infopass appointment confirmed FP/back ground check completed
H1b 7th year in extension
EB 2 - PD April 06
While filing I 131, I came across this information
"{If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in A and B are met:
A. You are in one of the following nonimmigrant categories:
1. An H-1, temporary worker, or H-4, spouse, or child of an H-1; or
2. An L-1, intracompany transferee, or L-2, spouse or child of an L-1; or
3. A K-3, spouse, or K-4, child of a U.S. citizen; or
4. A V-2, spouse, or V-3, child of a lawful permanent resident; and
B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.
However, upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to remain eligible for that status}"
My 797 petition is approved till 2011 but my H1B visa is not stamped. I am planning India trip in November. What would be appropriate for me..
Should I get H1B stamped in Mexico / Canada / India
OR
Should I apply for AP.
I have heard that after applying AP we should really not leave the country until decision has been made on AP application. I fear if I apply for AP now, probably it would not be approved by first week of November.
I don't know what to do. Any help pls..
Thanks
Omved
1485 ND august 15, 2007 in NE - No LUD so far. Infopass appointment confirmed FP/back ground check completed
H1b 7th year in extension
EB 2 - PD April 06
saileshdude
12-03 02:26 PM
Good news obviously but I would not jump on it. 2 reasons - we need to make sure they don't keep this practice & second, I don't trust the source of information 100% based on past information.
I support ItIsNotFunny, PD_Recapturing, NK2006..... for their efforts on AC21 issue.
I agree on this. In the past , murthy lawyers have also claimed to have successfull MTR cases but that hardly created any awareness among USCIS about the AC21 law that they are not supposed to directly deny AOS if underlying I-140 gets revoked. Although we hope its good news but I doubt that this is going to make any difference to any future AOS applications whose I-140 get denied.
I support ItIsNotFunny, PD_Recapturing, NK2006..... for their efforts on AC21 issue.
I agree on this. In the past , murthy lawyers have also claimed to have successfull MTR cases but that hardly created any awareness among USCIS about the AC21 law that they are not supposed to directly deny AOS if underlying I-140 gets revoked. Although we hope its good news but I doubt that this is going to make any difference to any future AOS applications whose I-140 get denied.
more...
alisa
05-25 07:09 AM
I hope you are right. I hope the visa dates move forward by another year in the next two or three months (atleast for EB3 ROW). But it is unlikely. (Maybe, if the backlog reduction centers are shut down, it might be a possibility)
I am under the new points based system however. My wifes is still in the old system (EB3 ROW.)
BTW, for India, 10% of 90K would be 9K. Not any different than what was in 2006.
The PDs probably moved because they didn't want to lose visa numbers, like they lost the 11K visa numbers. So now, with such a huge advance, they are guaranteed an unending supplly of petitions for a long long time.
I hope I am wrong, and you are right, and the PDs continue to move forward.
But it doesn't seem likely. Nothing has changed fundamentally.
One example is how PD moved 2 years suddenly. For that also some people will negative spin that PD will move back years. I bet that at least 3 months it will not move back. All the calculations were over estimations. 90k increase + 3% country quota will make lot of difference. It means more than double number compared to current numbers for India. It wll make sure that PD will move 1 to 2 year forward.
I am under the new points based system however. My wifes is still in the old system (EB3 ROW.)
BTW, for India, 10% of 90K would be 9K. Not any different than what was in 2006.
The PDs probably moved because they didn't want to lose visa numbers, like they lost the 11K visa numbers. So now, with such a huge advance, they are guaranteed an unending supplly of petitions for a long long time.
I hope I am wrong, and you are right, and the PDs continue to move forward.
But it doesn't seem likely. Nothing has changed fundamentally.
One example is how PD moved 2 years suddenly. For that also some people will negative spin that PD will move back years. I bet that at least 3 months it will not move back. All the calculations were over estimations. 90k increase + 3% country quota will make lot of difference. It means more than double number compared to current numbers for India. It wll make sure that PD will move 1 to 2 year forward.
2010 cute anime things. Cute Anime Backgrounds; Cute Anime Backgrounds
zCool
05-17 07:27 PM
you are going to have to do some type of litigation.. which court and how are questions for your lawyers.. This forum is probably not right place.. start with attorny.. make sure it's not your attornies who screwed up..
have proof of documents for all the facts
and then go file in one of the federal courts..
have proof of documents for all the facts
and then go file in one of the federal courts..
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maddipati1
07-30 08:02 PM
EAD is based on pending I-485 and for filing 485, you just need 140 received. So you are OK. My uunderstanding is you can also use AC21 portability after 180 days to change employers as long as your employer doesn't revoke your I-140. So there is that risk with I-140 not approved.
P.S my I-140 app is pending with TSC from May 2006. Almost 425 days plus and still no update/no RFE. Even upgraded it to PP on Jun 18th 2007 but still nothing.
sush, my 140 was filed in 04/2007, i upgraded it PP on exact date 18thJun'07 and my 140 was approved on 26thJun'07. They have to approve 140 PP in 15 calendar ( not business ) days.
but, the PP approval status won't be updated in their website ( case status online ). It still shows mine as 'PP requested'. But my employer got courtesy copy of 140 approval notice in just a few days and a week later my attorney got the original 140 approval.
so talk to your employer and attorney. im sure they must have received it.
good luck
S
P.S my I-140 app is pending with TSC from May 2006. Almost 425 days plus and still no update/no RFE. Even upgraded it to PP on Jun 18th 2007 but still nothing.
sush, my 140 was filed in 04/2007, i upgraded it PP on exact date 18thJun'07 and my 140 was approved on 26thJun'07. They have to approve 140 PP in 15 calendar ( not business ) days.
but, the PP approval status won't be updated in their website ( case status online ). It still shows mine as 'PP requested'. But my employer got courtesy copy of 140 approval notice in just a few days and a week later my attorney got the original 140 approval.
so talk to your employer and attorney. im sure they must have received it.
good luck
S
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starlite
07-21 01:55 AM
Hello,
I worked up nerves to consult with the forum.
Please read my history and answer questions below.
Your non-judgmental and objective answers are greatly appreciated.
I first came to the US on a tourist visa when I was 15 years old.
I was out of status when my parents couldn't act fast enough to change my status. However, I faithfully maintained my status once I reentered with a student visa.
So here is the history:
Dec. 1986: Enter the US on a tourist visa (age 15)
June 1987: Out of status from the tourist visa
Sept. 1996: IIRIRA 96 passes-- 3yr./10yr. reentry bars apply effective April 1, 1997
July 1997: Obtain I-20 for school, leave the US and return to home country (age 26)
Aug. 1997: Reenter US on a F-1 visa
Oct. 00: Initial H-1B
Oct. 03: H-1B extension
Dec.04: RIR filed (priority date)
Sept.06: RIR approved
Oct. 06: H-1B (7th year) extension
Jan. 07: I-140 filed (pending approval)
July 21, 2007: Preparing to file I-485 with the same employer since 2000
So here are my questions:
Q1. The way I interpret the law is that the 3yr./10yr. reentry bars apply when the law went into effect starting April 1997. Is that correct?
Q2. If so, would I have to worry about getting the I-485 approved?
Q3. If not, should I filed for I-485 at all?
Q4. Any suggestions or possiblities to consider?
Thank you.
I worked up nerves to consult with the forum.
Please read my history and answer questions below.
Your non-judgmental and objective answers are greatly appreciated.
I first came to the US on a tourist visa when I was 15 years old.
I was out of status when my parents couldn't act fast enough to change my status. However, I faithfully maintained my status once I reentered with a student visa.
So here is the history:
Dec. 1986: Enter the US on a tourist visa (age 15)
June 1987: Out of status from the tourist visa
Sept. 1996: IIRIRA 96 passes-- 3yr./10yr. reentry bars apply effective April 1, 1997
July 1997: Obtain I-20 for school, leave the US and return to home country (age 26)
Aug. 1997: Reenter US on a F-1 visa
Oct. 00: Initial H-1B
Oct. 03: H-1B extension
Dec.04: RIR filed (priority date)
Sept.06: RIR approved
Oct. 06: H-1B (7th year) extension
Jan. 07: I-140 filed (pending approval)
July 21, 2007: Preparing to file I-485 with the same employer since 2000
So here are my questions:
Q1. The way I interpret the law is that the 3yr./10yr. reentry bars apply when the law went into effect starting April 1997. Is that correct?
Q2. If so, would I have to worry about getting the I-485 approved?
Q3. If not, should I filed for I-485 at all?
Q4. Any suggestions or possiblities to consider?
Thank you.
more...
Munna Bhai
01-08 01:56 PM
Hello,
My brother-in-law and sister are both Indian Doctors, having a private practice in INDIA. They would like to apply for visitor's visa.
Any suggestion about the problems they may encounter? Do they have to go on two differrent dates for getting the visa stampped at Chennai?
Thanks in Advance,
My brother-in-law and sister are both Indian Doctors, having a private practice in INDIA. They would like to apply for visitor's visa.
Any suggestion about the problems they may encounter? Do they have to go on two differrent dates for getting the visa stampped at Chennai?
Thanks in Advance,
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Sreeshankar
07-30 07:48 PM
Is it possible to get your EAD, if I-140 is still pending. :confused:
Yes, EAD is bassed on the 485 you had filed. But it is very very risky to use the EAD even before I 140 is approved, since if by chance it is not approved or some very difficult query comes, and 140 doesnot get approved, you lose your H1 or L1 or whatever current status you are currently in, if you had begun using EAD(since the 485 is based on future approvablity of the 140 and once 140 gets denied, the 485 and EAD automaticaly gets denied)
Yes, EAD is bassed on the 485 you had filed. But it is very very risky to use the EAD even before I 140 is approved, since if by chance it is not approved or some very difficult query comes, and 140 doesnot get approved, you lose your H1 or L1 or whatever current status you are currently in, if you had begun using EAD(since the 485 is based on future approvablity of the 140 and once 140 gets denied, the 485 and EAD automaticaly gets denied)
more...
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paulinasmith
08-20 08:06 PM
Whats the process to do stamping in canada ? My visa has expired since Jan' 2008 - is it same like India ? Do we still get stuck with PMIS or is it okay to go on I-94 and keep the same to re-entry if any issues ?
The procedure is same they take ur I-94 and cancel ur current visa first.Some people get their visa done within 1-2 days.Forget about re-entering US when your visa is in "administrative processing"
The procedure is same they take ur I-94 and cancel ur current visa first.Some people get their visa done within 1-2 days.Forget about re-entering US when your visa is in "administrative processing"
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indianabacklog
08-06 07:09 AM
My case cannot be processed under CSPA, because the form I-824 was not filed within one year of the visa becoming available.
but i have a valid point mentioned after the follwing subject. please check if the point is valid.
ACC TO SUBJECT: CHILD STATUS PROTECTION ACT: ALDAC #2
REF: (A) 02 STATE 163054 (B) 02 STATE 123775
-------
If the principal applicant adjusted status in the U.S. and a derivative is applying for a visa abroad to
follow-to-join, then the date on which the derivative will be considered to have sought LPR status for
purposes of satisfying CSPA Section 3 will generally be the date on which the principal (acting as the
derivative beneficiary's agent) filed the Form I-824 that is used to process the derivative's following to
join application. Therefore, in cases involving a derivative seeking to follow to join a principal who adjusted
in the U.S., the derivative can benefit from the CSPA if the principal filed a Form I-824 for the beneficiary
within one year of a visa becoming available (i.e., within one year of the case becoming current or petition
approval, whichever is later). The instructions to Form I-485 (the adjustment application) advise aliens
adjusting status in the U.S. who have derivatives abroad to file a Form I-824 for such derivatives, and the
I-485 Form indicates that that Form I-824 can be filed simultaneously with the Form I-485
(READ MORE FROM http://guangzhou.usconsulate.gov/cspa.html )
I NEED HELP AND I THINK THERE IS ALWAYS AN ALTERNATIVE OF THINGS.
IS THERE ANY OTHER WAY ANY ANY ANY WAY???
CAN THEY APPROVE IF I REQUEST THEM ?
WHAT IS the way out?
I checked the visa bulletin from august 2003 to the dates when it was current for our category E3.
I have found this point please have a look and determine if there is a chance?
VISA WAS AVAILABLE FROM AUGUST 2003 TO JUNE 2005.
ACC TO LAW FORM i-824 SHOULD BE FILED WITHIN 1 YEAR OF VISA AVAILIABILITY.
SINCE THE I-824 WAS FILED ON AUGUST 2005 WHICH COMES WITHIN ONE YEAR FROM THE DATE
JUNE 2005. SO IS IT A VALID POINT TO BE ELEGIBLE TO PROCESSED UNDER CSPA?
ALSO there is a last hope
A 221(g) refusal will not be considered a "final determination," regardless of whether it occurred within
a year of August 6, 2002 or earlier. (The only exception to this would be if the alien's case was ultimately
terminated under INA 203(g) for failure to make reasonable efforts to overcome to 221(g) refusal. A
203(g) termination will be considered a "final determination.")
AND VISA AVAILIBLITY IS THE DATE WHEN THE PRIORITY DATES BECAME CURRENT OR THE DATE WHEN I-140 WAS APPROVED.
WITH this OR option in above line we can also consider the visa availibity date as the date when priority dates were current
Please correct me.
You do not give the date when the I140 was approved? This is the only thing as I see it that can make a difference. Also, when did you file your I485?
but i have a valid point mentioned after the follwing subject. please check if the point is valid.
ACC TO SUBJECT: CHILD STATUS PROTECTION ACT: ALDAC #2
REF: (A) 02 STATE 163054 (B) 02 STATE 123775
-------
If the principal applicant adjusted status in the U.S. and a derivative is applying for a visa abroad to
follow-to-join, then the date on which the derivative will be considered to have sought LPR status for
purposes of satisfying CSPA Section 3 will generally be the date on which the principal (acting as the
derivative beneficiary's agent) filed the Form I-824 that is used to process the derivative's following to
join application. Therefore, in cases involving a derivative seeking to follow to join a principal who adjusted
in the U.S., the derivative can benefit from the CSPA if the principal filed a Form I-824 for the beneficiary
within one year of a visa becoming available (i.e., within one year of the case becoming current or petition
approval, whichever is later). The instructions to Form I-485 (the adjustment application) advise aliens
adjusting status in the U.S. who have derivatives abroad to file a Form I-824 for such derivatives, and the
I-485 Form indicates that that Form I-824 can be filed simultaneously with the Form I-485
(READ MORE FROM http://guangzhou.usconsulate.gov/cspa.html )
I NEED HELP AND I THINK THERE IS ALWAYS AN ALTERNATIVE OF THINGS.
IS THERE ANY OTHER WAY ANY ANY ANY WAY???
CAN THEY APPROVE IF I REQUEST THEM ?
WHAT IS the way out?
I checked the visa bulletin from august 2003 to the dates when it was current for our category E3.
I have found this point please have a look and determine if there is a chance?
VISA WAS AVAILABLE FROM AUGUST 2003 TO JUNE 2005.
ACC TO LAW FORM i-824 SHOULD BE FILED WITHIN 1 YEAR OF VISA AVAILIABILITY.
SINCE THE I-824 WAS FILED ON AUGUST 2005 WHICH COMES WITHIN ONE YEAR FROM THE DATE
JUNE 2005. SO IS IT A VALID POINT TO BE ELEGIBLE TO PROCESSED UNDER CSPA?
ALSO there is a last hope
A 221(g) refusal will not be considered a "final determination," regardless of whether it occurred within
a year of August 6, 2002 or earlier. (The only exception to this would be if the alien's case was ultimately
terminated under INA 203(g) for failure to make reasonable efforts to overcome to 221(g) refusal. A
203(g) termination will be considered a "final determination.")
AND VISA AVAILIBLITY IS THE DATE WHEN THE PRIORITY DATES BECAME CURRENT OR THE DATE WHEN I-140 WAS APPROVED.
WITH this OR option in above line we can also consider the visa availibity date as the date when priority dates were current
Please correct me.
You do not give the date when the I140 was approved? This is the only thing as I see it that can make a difference. Also, when did you file your I485?
more...
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billbuff123
10-24 12:23 PM
yes, really I missed that oppurtunity by 7 days. my only question is
Can she stay here until I94 expires? or for 180 days?
Thanks
Can she stay here until I94 expires? or for 180 days?
Thanks
dresses cute anime devil
sri1309
01-11 09:08 AM
threat of losing your job is very high..as every prediction says its going to be more bad..
i come here every hr to see any updates or news... but dont write as not sure what effect can we make..obama is more pressed with economic recovery and more immigrants are not what they want..but still i am optimistic with S9 bill intoduced
I think we must not just wait for someone to take lead, but we must do it ourselves. We can spread the message to as many as we can. I think spending a few min a day isnt a bad idea afterall to get the attention. I read 500,000 are waiting, but where are the votes, when I login to obama site recently. At the most I could see 160-200 votes for some questions. I told three of my friends who didnt even know that the site existed. Pathetic.
Unlesss all raise their voices, it will not be heard.. Dont wait for others for templates. Write your own stories, mention we are legal, paying taxes for 5-10 years, long waiting, can buy house, and if denied we can go back with Citizen children, and will return back after 10-15 years when kids sponsor, to consume social sec, medicare, etc.. and that we can create jobs. write ur own story, do mention we are from INdia and Eb2/3.
Dont feel surprised to hear next week "I am sorry, but company isnt doing very well and we are not getting projects as expected, we like you for being with us for 5 years, but YOU'RE FIRED, in two weeks.. I have no money to pay. You will also loose your medical insurance. And as per law, I must cancel your H1 visa. "
Yes, now you have enof time to really worry about and bring attention as you dont have a job and money.
i come here every hr to see any updates or news... but dont write as not sure what effect can we make..obama is more pressed with economic recovery and more immigrants are not what they want..but still i am optimistic with S9 bill intoduced
I think we must not just wait for someone to take lead, but we must do it ourselves. We can spread the message to as many as we can. I think spending a few min a day isnt a bad idea afterall to get the attention. I read 500,000 are waiting, but where are the votes, when I login to obama site recently. At the most I could see 160-200 votes for some questions. I told three of my friends who didnt even know that the site existed. Pathetic.
Unlesss all raise their voices, it will not be heard.. Dont wait for others for templates. Write your own stories, mention we are legal, paying taxes for 5-10 years, long waiting, can buy house, and if denied we can go back with Citizen children, and will return back after 10-15 years when kids sponsor, to consume social sec, medicare, etc.. and that we can create jobs. write ur own story, do mention we are from INdia and Eb2/3.
Dont feel surprised to hear next week "I am sorry, but company isnt doing very well and we are not getting projects as expected, we like you for being with us for 5 years, but YOU'RE FIRED, in two weeks.. I have no money to pay. You will also loose your medical insurance. And as per law, I must cancel your H1 visa. "
Yes, now you have enof time to really worry about and bring attention as you dont have a job and money.
more...
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ramaonline
07-10 07:37 PM
My friend has this scenario and want expert advise from IV members.
- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months. - Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and I485 (July fiasco)
- I140 still pending
Question:
1. Does L1 period is counted for H1 extention?
[I]H1 term of 6 years includes l1 time and excludes vacation periods
2. Can he do H1 transfer using AC21 without I140 approval?
Not sure what you are looking for. 1 year H1 extension is possible since labor PD is 2004. The extension also allows you to transfer / change employers[I]
As 6 years are going to be expired?
3. What if the old employer revokes his I140 now? His GC process is invalid?
premium processing for 140 is available in some cases - chk the faq on uscis website. If the 140 is withdrawn prior to approval then the PD cannot be ported. If it is revoked after approval then u can retain the PD for any new GC process. 3 year h1 extn is also possible
4. If we leave about GC, Can he do H1 transfer atleast?
Yes based on approved LC + h1 extension.
Note that gc is for a future job offer.
- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months. - Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and I485 (July fiasco)
- I140 still pending
Question:
1. Does L1 period is counted for H1 extention?
[I]H1 term of 6 years includes l1 time and excludes vacation periods
2. Can he do H1 transfer using AC21 without I140 approval?
Not sure what you are looking for. 1 year H1 extension is possible since labor PD is 2004. The extension also allows you to transfer / change employers[I]
As 6 years are going to be expired?
3. What if the old employer revokes his I140 now? His GC process is invalid?
premium processing for 140 is available in some cases - chk the faq on uscis website. If the 140 is withdrawn prior to approval then the PD cannot be ported. If it is revoked after approval then u can retain the PD for any new GC process. 3 year h1 extn is also possible
4. If we leave about GC, Can he do H1 transfer atleast?
Yes based on approved LC + h1 extension.
Note that gc is for a future job offer.
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itstimenow
08-08 11:17 PM
I spoke with the lawyer. She asked me to get an affidavit stating the arrest reason and also what happened. She will send this as soon she gets my receipt number.
I am not having any case/docket number since this happened 4 years back.
Lawyer is saying this should be ok and this falls under misdemeanor.
Any suggestion?
If it's a misdemeanor, you should find the case/docket number from the court and get the expungement record.. also give INS all the evidences.. if all is present, you won't have any problem. and send it to INS sooner so you save time on RFE too.
I am not having any case/docket number since this happened 4 years back.
Lawyer is saying this should be ok and this falls under misdemeanor.
Any suggestion?
If it's a misdemeanor, you should find the case/docket number from the court and get the expungement record.. also give INS all the evidences.. if all is present, you won't have any problem. and send it to INS sooner so you save time on RFE too.
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kevinkris
07-10 06:27 PM
Any answers?
immgirl
06-03 12:20 AM
Don't be ridiculous. If your I-140 and I-485 are approved, this will not affect it. They are auditing PERM that is in process. FYI- Your employer needs to show that there are no qualified US workers for the position that they are recruiting for on PERM. This audit is about employers using FDBL to try to disqualify qualified US workers. This audit will delay PERM applications, but will not affect I-140 s or I-485's that are approved.
gc_chahiye
07-16 06:47 PM
...
If USCIS receives both the applications, it will return the second application as a duplicate. I don't kow if they keep the money though ...
do you know this for sure? (ie. do you know someone for whom USCIS returned the second application as a duplicate because one I-485 was pending)?
If USCIS receives both the applications, it will return the second application as a duplicate. I don't kow if they keep the money though ...
do you know this for sure? (ie. do you know someone for whom USCIS returned the second application as a duplicate because one I-485 was pending)?
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