tp976
03-22 08:00 AM
I have done this myself and got approval couple of months back. There is no real risk of interfiling. Your eb2 application will for all practical purposes will be like a regular application ( years of exp till date, exp etc)
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Libra
08-03 10:17 AM
Guys, please consider contributing for sept rally............
ameryki
08-12 12:34 PM
Efiled for my wife May 17th to NSC got LIN number. No update so far. Next week will be 90 days.
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WillIBLucky
12-31 07:06 PM
This is pure desperation. Its been discussed a lot many times but people keep asking the same question again and again. Check out the forum library you will find all the answers to your 'Case Study"Applicable to all retrogessed guys...
Case deatils :
Approved I-140 & H1-B extended for 3 years beyond 6 years because of approved I-140. Can NOT file I-485 because of retrogression
Next step H1-B transferred to new employer & redo Labor & I-140.
Question :
Can you file I-485 for both employers at the same time ???? & choose whichever comes first. Will there be any complicated issue if you filed I-485 with the 2nd employer after 1st employer has filed I-485
Bottom line ... How complicated will the life be if one changes job after 3 yr. extension of H1 based on approved I-140 ????
Please share your info as the attorneys are nuts..
Has this issues beeb discussed in detail at any other place like WWW.immigration - law.com ??
Please provide with the link
CORE TEAM : Can this issue be discussed with the Attorneys in upcoming conference ???
Case deatils :
Approved I-140 & H1-B extended for 3 years beyond 6 years because of approved I-140. Can NOT file I-485 because of retrogression
Next step H1-B transferred to new employer & redo Labor & I-140.
Question :
Can you file I-485 for both employers at the same time ???? & choose whichever comes first. Will there be any complicated issue if you filed I-485 with the 2nd employer after 1st employer has filed I-485
Bottom line ... How complicated will the life be if one changes job after 3 yr. extension of H1 based on approved I-140 ????
Please share your info as the attorneys are nuts..
Has this issues beeb discussed in detail at any other place like WWW.immigration - law.com ??
Please provide with the link
CORE TEAM : Can this issue be discussed with the Attorneys in upcoming conference ???
more...
garybanz
03-09 11:35 AM
thanks all for suggestions
His company is filing for LCA today and will see where it takes
It's probably going to be too little too late to just file an LCA now.
I am not sure why people like your brother don't get in touch with top attorneys (Murthy/Khanna etc) and get their case back on track, depending on employers to handle such complications is very risky and not necessarily in the best interest of the employee.
His company is filing for LCA today and will see where it takes
It's probably going to be too little too late to just file an LCA now.
I am not sure why people like your brother don't get in touch with top attorneys (Murthy/Khanna etc) and get their case back on track, depending on employers to handle such complications is very risky and not necessarily in the best interest of the employee.
indianabacklog
08-16 02:53 PM
i was on h4 visa and recently as i turned 21 i am no more dependent on my dad who is on h1 visa . i tranfered my status to f1 .But my dad applied his 1-485 recently along with my application for i-485 and he consult the lawyer too and lawyer told as i am not the main visa holder like if i was on h1 and i transferred to f1 and then apply for i-485 then my application can get rejected ; but not now as i was not the main applicant but was dependent of my father.
i dont trust everything wat lawyers say.so can anybody help me out with this issue.
It would appear that you are not giving us the entire situation. I am guessing due to the child status protection act your age is OK for dependent status due to I140 processing time take off your age at time of filing I485.
If that is the case did you transfer to F1 while waiting for your fathers priority date to become current?
If this is correct then your application should not be rejected but if you are to travel outside of the US you MUST have advance parole since being in adjustment of status makes your student visa null and void and therefore you are unable to re enter the US on the F1.
This is just what I get from what you are telling us. If this is not the case please provide full details so people can help you. However, remember we are not necessarily lawyers and our knowledge has been acquired, not learned at law school.
i dont trust everything wat lawyers say.so can anybody help me out with this issue.
It would appear that you are not giving us the entire situation. I am guessing due to the child status protection act your age is OK for dependent status due to I140 processing time take off your age at time of filing I485.
If that is the case did you transfer to F1 while waiting for your fathers priority date to become current?
If this is correct then your application should not be rejected but if you are to travel outside of the US you MUST have advance parole since being in adjustment of status makes your student visa null and void and therefore you are unable to re enter the US on the F1.
This is just what I get from what you are telling us. If this is not the case please provide full details so people can help you. However, remember we are not necessarily lawyers and our knowledge has been acquired, not learned at law school.
more...
rbharol
08-23 04:50 PM
Oh yeah, we are seasoned with US immigration oil to look anything thrown to us in a positive manner.
be positive, be optimistic and things will happen on its due course. By that time you will be eligible to become sanyasi as you would have mastered the skills of patience and looking at +ve on -ves.
hmm no shootings now... I am venting my frustrations. You too can do.
Look at the positive in your post too. People goto Himalayas to become Sanyasi.
We are learning the virtue of patience here itself... ;) :D :cool:
be positive, be optimistic and things will happen on its due course. By that time you will be eligible to become sanyasi as you would have mastered the skills of patience and looking at +ve on -ves.
hmm no shootings now... I am venting my frustrations. You too can do.
Look at the positive in your post too. People goto Himalayas to become Sanyasi.
We are learning the virtue of patience here itself... ;) :D :cool:
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Life2Live
04-30 01:12 PM
perhaps this will help.
http://www.dol.gov/esa/whd/immigration/H1BWillfulViolator.htm
Thanks for link. I do not see my friend's employer who is currently facing lawsuit by an employee. I ensured the same by verifying with her.
http://www.dol.gov/esa/whd/immigration/H1BWillfulViolator.htm
Thanks for link. I do not see my friend's employer who is currently facing lawsuit by an employee. I ensured the same by verifying with her.
more...
ronhira
10-05 09:34 PM
Neil, Hoffman, Greg, IIya, ,
we will all love you.... and thank you for showing us the light..... to make this world a better place.....
THANK YOU
we will all love you.... and thank you for showing us the light..... to make this world a better place.....
THANK YOU
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milind70
06-21 01:06 PM
my h1b expires in october 2008. my passport expires in july 2007 and at the POE (Dallas), i received an I-94 till July 10th 2007.
i now have a new passport and went to the dallas/fort worth airport CBP to get the date corrected to october 2008. i took my I-797 with me and showed it to them. they said i have to file an I-539 with USCIS. several people managed to get the same situation remedied at a CBP. has anyone had success at another texas CBP? please help!
It seems from past experience CBP will only due correction when mistakes were made by the CBP officer at the airport ,since this is the case of passport validity i think u may have two options.
1) go outside the country and get a new I 94
2) file i 539 cost around 195 USD
I would also suggest to try the local USCIS office where in they could help is some way.
Mind you CBP officers are not uniform in their actions ,i believe in your case u have been unlucky. I remember i was in a similar situation where in visa stamp was expiring after the passport expiry date but i was given a I 94 with expiry date of the visa stamp rather than the passport expiry date.
i now have a new passport and went to the dallas/fort worth airport CBP to get the date corrected to october 2008. i took my I-797 with me and showed it to them. they said i have to file an I-539 with USCIS. several people managed to get the same situation remedied at a CBP. has anyone had success at another texas CBP? please help!
It seems from past experience CBP will only due correction when mistakes were made by the CBP officer at the airport ,since this is the case of passport validity i think u may have two options.
1) go outside the country and get a new I 94
2) file i 539 cost around 195 USD
I would also suggest to try the local USCIS office where in they could help is some way.
Mind you CBP officers are not uniform in their actions ,i believe in your case u have been unlucky. I remember i was in a similar situation where in visa stamp was expiring after the passport expiry date but i was given a I 94 with expiry date of the visa stamp rather than the passport expiry date.
more...
GCaspirations
09-21 10:39 PM
My case was also transferred to CSC. The transfer notice has a different receipt date than the receipt notice. MY case is now transferred back to NSC.
I would like to know if anybody of you have received finger print notice. I have not received it yet.
I would like to know if anybody of you have received finger print notice. I have not received it yet.
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desibechara
08-02 11:21 AM
Well few comments:
- For LC you cannot use your current work exp...it has to be relevant prior one
- Your first one (if its relevant is the one you can use) and if second one is not relevant to your LC at current position then you can ignore it. If its relevant then every month will count and you should get one work exp from second one as well.
- Now if there is nobody at second place (in the company who can give this work exp letter) then hunt or locate any colleague and tell him to give work exp letter in his or her current letter head. This has to be done.
- For clarity sake , make one work exp letter with the set of responsibilities and send it everywhere so that all have same set of duties that are in LC.
Thanks and take care
Best Regards,
So I guess I will have to really hunt someone who worked there. But I do remember that one of my friends who had worked abroad and showed experience abraod for LC was asked about the letter as RFE but in his reply he said he could not..and some time in march he got the approval..I guess he was lucky! That was the reason I thought I could..
Anyway for not to waste time in RFEs I might as well get the letter!
DB
- For LC you cannot use your current work exp...it has to be relevant prior one
- Your first one (if its relevant is the one you can use) and if second one is not relevant to your LC at current position then you can ignore it. If its relevant then every month will count and you should get one work exp from second one as well.
- Now if there is nobody at second place (in the company who can give this work exp letter) then hunt or locate any colleague and tell him to give work exp letter in his or her current letter head. This has to be done.
- For clarity sake , make one work exp letter with the set of responsibilities and send it everywhere so that all have same set of duties that are in LC.
Thanks and take care
Best Regards,
So I guess I will have to really hunt someone who worked there. But I do remember that one of my friends who had worked abroad and showed experience abraod for LC was asked about the letter as RFE but in his reply he said he could not..and some time in march he got the approval..I guess he was lucky! That was the reason I thought I could..
Anyway for not to waste time in RFEs I might as well get the letter!
DB
more...
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gc_chahiye
07-16 11:57 PM
My 140 was filed last week and I don't have the receipt number. Can I file 485 without I140 receipt number?
From what I have heard so far, you need the receipt number. Talk to your lawyer asap.
From what I have heard so far, you need the receipt number. Talk to your lawyer asap.
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sduddukuri
02-09 08:24 AM
Not sure, employer is not sharing the "reason for denial" letter. Since me and my wife went to india and got visa stamped, i didnot force them.
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sanan
06-05 08:29 AM
I got mine today! 5 year long wait ...Phew!!
Although I am yet to file for my wife...who is on H4...what happens to her status?
Although I am yet to file for my wife...who is on H4...what happens to her status?
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cheg
07-13 04:24 AM
this forum is amazing. people are helping each other and trying to make things seem a bit brighter. good luck to everyone!:)
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HRPRO
03-08 02:28 PM
thats what gist of it i was not there
the vo seems to be saying that last time when he went to stamping he filled his client details like where he working and which was az at that time and this VO was saying now you are working in NJ ,the confusion seems to becaused by the clinet letter in which his manager wrote that he directly reports to him as consultant,VO is assuming that he working here without preoper documents,atleast that what i understood:confused:.
MSG,
Without knowing all the details and reading in between the lines, one of these is what I think could be the reasons for rejection.
1) As a consultant you dont report to a client on a day to day basis. That enters the grey area of client-consultant relationship.
2) The client letter has to clearly state the address where the consultant is working and the LCA should match the client letter.
I think one of these would not have satisfied the VO's questions and could have triggered the rejection.
The solution though is to have an attorney represent the firm and file an amended petition with Premium Processing and Consular notification and forward the approval to your brother. Ofcourse have the atorneys review the client letter as well. Most corporate attorneys do it.
the vo seems to be saying that last time when he went to stamping he filled his client details like where he working and which was az at that time and this VO was saying now you are working in NJ ,the confusion seems to becaused by the clinet letter in which his manager wrote that he directly reports to him as consultant,VO is assuming that he working here without preoper documents,atleast that what i understood:confused:.
MSG,
Without knowing all the details and reading in between the lines, one of these is what I think could be the reasons for rejection.
1) As a consultant you dont report to a client on a day to day basis. That enters the grey area of client-consultant relationship.
2) The client letter has to clearly state the address where the consultant is working and the LCA should match the client letter.
I think one of these would not have satisfied the VO's questions and could have triggered the rejection.
The solution though is to have an attorney represent the firm and file an amended petition with Premium Processing and Consular notification and forward the approval to your brother. Ofcourse have the atorneys review the client letter as well. Most corporate attorneys do it.
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nareshg
12-15 07:40 PM
Still Wondering why would they sent so early:(..never understand crazy CIS and its dynamic policies..
I thought many who had submitted in July 2007 (July fiasco) had got FP notice...but not sure....
anyways, does anyone know about what I am asking...once you get the biometrics processing stamp, does that mean that they have sumibbted for security clearance usiung the fingerprints or does it mean that the security clrearance is done ?
I thought many who had submitted in July 2007 (July fiasco) had got FP notice...but not sure....
anyways, does anyone know about what I am asking...once you get the biometrics processing stamp, does that mean that they have sumibbted for security clearance usiung the fingerprints or does it mean that the security clrearance is done ?
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morchu
05-05 02:02 PM
Yes. This is probably one of the simplest RFE's to reply. Other members have provided enough details on what to include. Some more documents I can think of are:
Dependent Medical Insurance, Joint Auto Insurance, Joint lease/mortgage agreement (joint residence), flight tickets of vacation trips together.
Dont worry if you dont have "all" of the mentioned documents. I hear that USCIS attaches a barcode sticker for the reply, and having this makes them easier to track your reply.
Dependent Medical Insurance, Joint Auto Insurance, Joint lease/mortgage agreement (joint residence), flight tickets of vacation trips together.
Dont worry if you dont have "all" of the mentioned documents. I hear that USCIS attaches a barcode sticker for the reply, and having this makes them easier to track your reply.
pash02
05-25 07:50 AM
Sent
desi485
07-30 04:50 PM
You can expedite his case as I consider this an emergency. Check this link for more details. http://immigrationvoice.org/forum/showthread.php?p=179864#post179864
Thanks Little_Willy for your help - it is people like you who makes this forum so valuable.
Thanks Little_Willy for your help - it is people like you who makes this forum so valuable.
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