sodh
07-11 02:37 AM
Lage Raho Iv Bhai
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chanduv23
04-18 10:55 PM
Many of us can run into these situations since we all have a long long way to go for our GCs, it will be helpful if this great secret information can be put in here so that all of us already know what to do when we hit this issue.
well yes and no. depends on a lot of factors. If there is nothing wrong with your case, you dont have to worry.
Only issue is - getting a denial and applying for MOTIC means spending money and unnecessary tension and if you are out of the country when you get a denial - it gets extremely complicated.
Once preprocessed, there is no reason for USCIS to touch the files until the dates are current so hang in there. Do not stress.
Know what is going on and be prepared.
Playing it safe and stressing and trying to get total control over your situation will only result in added stress and not good for health.
I would strongly recommend that people must really come forward and lobby hard for atleast a recapture bill or any other bill. We MUST all start working extremely hard to get our issues resolved and IV is a wonderful platform.
well yes and no. depends on a lot of factors. If there is nothing wrong with your case, you dont have to worry.
Only issue is - getting a denial and applying for MOTIC means spending money and unnecessary tension and if you are out of the country when you get a denial - it gets extremely complicated.
Once preprocessed, there is no reason for USCIS to touch the files until the dates are current so hang in there. Do not stress.
Know what is going on and be prepared.
Playing it safe and stressing and trying to get total control over your situation will only result in added stress and not good for health.
I would strongly recommend that people must really come forward and lobby hard for atleast a recapture bill or any other bill. We MUST all start working extremely hard to get our issues resolved and IV is a wonderful platform.
tjayant
09-01 02:52 PM
this is a humours thread we should have more like this thread than the GC stuff who cares
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Student with no hopes
01-24 09:40 AM
Hello,
Here is my situation.
- I'm under EB2 - RoW category. My I-140 just got approved and I was preparing to file for my I-485 (current)
- I went to the Bahamas last week to get my 3 year H1B renewal stamping but it was denied due to employer issues and I was forced to go back to India.
- Now I cant go back to US to file my 485. My company is still offering to help me on my GC.
I'm still reeling from the shock of my H1B denial. What are my options now?
Is Consular processing the way to go? Will loosing my H1B status have any effect on CP?
Should I start CP immediately or can I wait a few months to try to get back to the US on a new H1B?
Can anyone point me to some online materials detailing CP.
Thanks in advance.
I am not aware of consular processing very much, but don't you have to be applying from the country of origin for CP?
This person says he belongs to ROW, but he will be filing for CP from India? Am I missing something here?
Here is my situation.
- I'm under EB2 - RoW category. My I-140 just got approved and I was preparing to file for my I-485 (current)
- I went to the Bahamas last week to get my 3 year H1B renewal stamping but it was denied due to employer issues and I was forced to go back to India.
- Now I cant go back to US to file my 485. My company is still offering to help me on my GC.
I'm still reeling from the shock of my H1B denial. What are my options now?
Is Consular processing the way to go? Will loosing my H1B status have any effect on CP?
Should I start CP immediately or can I wait a few months to try to get back to the US on a new H1B?
Can anyone point me to some online materials detailing CP.
Thanks in advance.
I am not aware of consular processing very much, but don't you have to be applying from the country of origin for CP?
This person says he belongs to ROW, but he will be filing for CP from India? Am I missing something here?
more...
gparr
July 18th, 2004, 06:12 AM
Brandon,
Welcome to dphoto. Nice images for your first posts. dphoto is a place where there are lots of great people who are more than willing to help you create better images. Keep posting photos and feel free to ask questions.
Gary
Welcome to dphoto. Nice images for your first posts. dphoto is a place where there are lots of great people who are more than willing to help you create better images. Keep posting photos and feel free to ask questions.
Gary
wonderlust
07-18 05:12 PM
Hi. I realized that I made a mistake when filling out the I 485 Part Three:
I posted this at the wrong spot initially. Sorry.
I made a mistake on the I485 form Part Three Processing Information. Specifically, I filled in the I-94 number issued for my H1B as the "Nonimmigration Visa Number", instead of the visa number I got when I was still in F1 Student status.
I called USCIS twice and they informed me that I can make corrections after I get the receipt--I can send in a corrected form, along with a letter explaining the correction, and also a copy of the receipt.
I was wondering whether anyone here had done that before.
I am kicking myself for misunderstanding the form! Please help!
Wonderlust
I posted this at the wrong spot initially. Sorry.
I made a mistake on the I485 form Part Three Processing Information. Specifically, I filled in the I-94 number issued for my H1B as the "Nonimmigration Visa Number", instead of the visa number I got when I was still in F1 Student status.
I called USCIS twice and they informed me that I can make corrections after I get the receipt--I can send in a corrected form, along with a letter explaining the correction, and also a copy of the receipt.
I was wondering whether anyone here had done that before.
I am kicking myself for misunderstanding the form! Please help!
Wonderlust
more...
Berkeleybee
09-01 07:58 PM
Hi All,
Thanks for the warm words.
I am very much around, just buried under a juggernaut project at work so I can't be IV 24-7. I hope to get a life in a month or so.
I have too much invested in IV and this whole issue to just walk away. That Senate bill has stuff the IV content team cracked and crafted, which the rest of the crew strategized to actually get into the bill that passed. We have to carry it to the finish line -- which may look like a mirage right now -- but we will get there.
Keep faith.
best,
Berkeleybee
Thanks for the warm words.
I am very much around, just buried under a juggernaut project at work so I can't be IV 24-7. I hope to get a life in a month or so.
I have too much invested in IV and this whole issue to just walk away. That Senate bill has stuff the IV content team cracked and crafted, which the rest of the crew strategized to actually get into the bill that passed. We have to carry it to the finish line -- which may look like a mirage right now -- but we will get there.
Keep faith.
best,
Berkeleybee
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insbaby
11-11 12:36 PM
Priority Date Current: Curse or Boon ?
I am EB3 India applicant with PD of August 2001 (own not substitution). Have I 140 approved since November 2005 but was only able to file I 485 in June 2007. With same employer for 10 yrs and on 9th yr of H1.
Earlier this year my PD was correct for 2 months but didnt hear anything from USCIS. My PD is current again this Nov and Dec and havent heard anything yet. Called USCIS customer svc and they said cant do anything as processing date is not current (Yes and they are going by Notice date and not Received date for service request). Lawyer says just stay cool and wait. So USCIS has no logic and no order and all we can do is wait for our stars to be aligned and case getting picked up in a sweep. Other than that being current is a curse rather than a boon because
You can not get 3 yr H1 extension if PD is current (only 1 yr).
You can not get 2 yrs EAD if PD is current.
So those dying for PD to be current think again. Its no use having PD current if USCIS is going to be so random and haphazard. It may turn out to be a curse.
They will take the file based on the received date. But once the file is opened then you get the priority. It appears that they already started working on July 2007 files. So you will get anytime soon.
You have waited for 9 years, just extend H1B one more time and you will never have to do that.
Good luck.
I am EB3 India applicant with PD of August 2001 (own not substitution). Have I 140 approved since November 2005 but was only able to file I 485 in June 2007. With same employer for 10 yrs and on 9th yr of H1.
Earlier this year my PD was correct for 2 months but didnt hear anything from USCIS. My PD is current again this Nov and Dec and havent heard anything yet. Called USCIS customer svc and they said cant do anything as processing date is not current (Yes and they are going by Notice date and not Received date for service request). Lawyer says just stay cool and wait. So USCIS has no logic and no order and all we can do is wait for our stars to be aligned and case getting picked up in a sweep. Other than that being current is a curse rather than a boon because
You can not get 3 yr H1 extension if PD is current (only 1 yr).
You can not get 2 yrs EAD if PD is current.
So those dying for PD to be current think again. Its no use having PD current if USCIS is going to be so random and haphazard. It may turn out to be a curse.
They will take the file based on the received date. But once the file is opened then you get the priority. It appears that they already started working on July 2007 files. So you will get anytime soon.
You have waited for 9 years, just extend H1B one more time and you will never have to do that.
Good luck.
more...
ameryki
01-10 08:44 PM
mate long gaps between filing is not an issue at all. save your self some money by filing it yourself. Efile is easiest but keep in mind you will have to go to your nearest immigration office once they send you appt info for your pic to be taken and also your other family members.
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ardnahc
08-14 12:30 PM
https://egov.uscis.gov/cris/processTimesDisplay.do
NSC - I485 - Sep 15 2007
TSC - I485 - Aug 30 2007
Cheers,
Ardnahc
NSC - I485 - Sep 15 2007
TSC - I485 - Aug 30 2007
Cheers,
Ardnahc
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starving_dog
09-01 01:29 PM
shows how sexist I am, I thought she was a he. My apologies to the Berkeleybee. I have since edited my original post.
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sweet_jungle
10-23 11:52 PM
[QUOTE=gcobsessed;298830]My understanding from my lawyer is that a person's intent while filing GC should be that he will work in that position "indefinitely". So, if intent changes before the application is approved, then one might argue that the application itself should be withdrawn or is invalid.
if employer has not withdrawn 140 and EVL was sent with initial 485 application packet, USCIS generally does not send any job related RFE. Assuming employee has worked for sponsoring employer for quite sometime and waited long enough after 485 was filed, I do not see how intent can be questioned. After this, it is natural for intent to change.
if employer has not withdrawn 140 and EVL was sent with initial 485 application packet, USCIS generally does not send any job related RFE. Assuming employee has worked for sponsoring employer for quite sometime and waited long enough after 485 was filed, I do not see how intent can be questioned. After this, it is natural for intent to change.
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raysaikat
08-15 11:20 AM
I am not sure I understand. My wife resides in Mumbai. She had her h1 stamped there some time back around 5 years. That h1 she used and is gone now. Now she applied for h1 in fresh qupta since she was out of us for more than one year. Right now so where should we go for stamping. Shes in us with me on h4. Can we go to canada?
Yes, you can go to canada for visa stamping. Note however that the canadian US consulate might require "security clearance" and then your wife will be stuck in canada, typically for months. Although chances are slim, such events do happen, and therefore it is advisable to go to the home country (non-home country consulates issue 221(g) more frequently) or at least to a place where your wife can afford to stay for months.
Yes, you can go to canada for visa stamping. Note however that the canadian US consulate might require "security clearance" and then your wife will be stuck in canada, typically for months. Although chances are slim, such events do happen, and therefore it is advisable to go to the home country (non-home country consulates issue 221(g) more frequently) or at least to a place where your wife can afford to stay for months.
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vss
09-23 12:18 PM
Hello folks,
We are left with 5 or 6 working days this month (and this year). Is anybody expecting last minute 485 approvals in this 5 or 6 days? Any unused visas in all categories should be used in coming few days. Let�s see what USCIS going to do with these unused visas. Some people are getting soft LUD�s on their 485�s in last few days, including me.
Let�s hope for the best
Thanks
We are left with 5 or 6 working days this month (and this year). Is anybody expecting last minute 485 approvals in this 5 or 6 days? Any unused visas in all categories should be used in coming few days. Let�s see what USCIS going to do with these unused visas. Some people are getting soft LUD�s on their 485�s in last few days, including me.
Let�s hope for the best
Thanks
more...
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sathishkrish
07-23 08:54 PM
I am working for company A under H1-B visa and my PERM was approved early this year and my I-140 (EB2) is pending. I summitted I-485 last week since the PD is current again. Almost the same time, I moved to another department in the same company because of company reconstruction. The job seems to be having different requirements(>50% difference). I have a couple of questions:
1. Within how long I need to inform my company lawyer and then USCIS that my job changed within the same company?
2. What are the concequences if I do not inform my company laywer about my job change? Will USCIS know this in the future and deny my I-140 and I-485?
3. Will my pending I-140 get denied since my job requirement changed (if my company lawyer inform USICS)?
4. What are the possible outcomes for my I-485 under this job change situation?
5. Is that possible that I just stay there as nothing happened and wait for USCIS response to my I-140 and I-485?
6. What can be done in order to avoid a new PERM and new I-140? I really don't want to start all over again since who knows what the PD will be after Oct. this year...
If your job description has changed progressively, then it should be OK. What I mean is - If you are a developer and later became a senior developer then its acceptable I presume.
I dont know what else to say as far your situation is concerned - Good Luck!
1. Within how long I need to inform my company lawyer and then USCIS that my job changed within the same company?
2. What are the concequences if I do not inform my company laywer about my job change? Will USCIS know this in the future and deny my I-140 and I-485?
3. Will my pending I-140 get denied since my job requirement changed (if my company lawyer inform USICS)?
4. What are the possible outcomes for my I-485 under this job change situation?
5. Is that possible that I just stay there as nothing happened and wait for USCIS response to my I-140 and I-485?
6. What can be done in order to avoid a new PERM and new I-140? I really don't want to start all over again since who knows what the PD will be after Oct. this year...
If your job description has changed progressively, then it should be OK. What I mean is - If you are a developer and later became a senior developer then its acceptable I presume.
I dont know what else to say as far your situation is concerned - Good Luck!
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Ann Ruben
06-30 11:44 PM
In my opinion, USCIS should grant Company C's H-1 petition though they may deny any extension request and thus company C's petition would only be valid through the 2011 date of Company A's petition. You will then have to travel out of the US to get an H-1 visa stamp before the 2011 date.
more...
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gconmymind
09-12 06:00 PM
Hi,
I am applying for AP Renewal for myself and my wife. Can someone please send me the information on the following.
1. AP is expiring on September 20th. Can I file even after the expiry of the AP?
2. I am in AL.So, I need to be sending the application to Texas Service Center. But I am confused on where to send the documents? I will be sending by FedEx or UPS?
3. When I prepare the documents, do I enter Part 9, Signature of person preparing the form, if other than the application?
4. Last year our attorney filed the application and I have a copy of that application. I see "Notice of Entry of Appearance as Attorney or Representative" form. I am sure I dont have to file that now but do I need to do anything so that I get the receipt/approval notices instead of going to the Attorney Office?
Thank you.
I found paper filing easier than e-file. Even with e-filing, you still need to mail your pictures.
1. You can file AP even after the first one expires. But I filed for renewal 3 months before expiry.
2. AP form has the TSC address. I used USPS.
3. If you are the applicant, what is the need to sign Part 9? It is self-explanatory.
4. There is no Notice of Appearance form if you are representing yourself and doing a self-filing.
I am applying for AP Renewal for myself and my wife. Can someone please send me the information on the following.
1. AP is expiring on September 20th. Can I file even after the expiry of the AP?
2. I am in AL.So, I need to be sending the application to Texas Service Center. But I am confused on where to send the documents? I will be sending by FedEx or UPS?
3. When I prepare the documents, do I enter Part 9, Signature of person preparing the form, if other than the application?
4. Last year our attorney filed the application and I have a copy of that application. I see "Notice of Entry of Appearance as Attorney or Representative" form. I am sure I dont have to file that now but do I need to do anything so that I get the receipt/approval notices instead of going to the Attorney Office?
Thank you.
I found paper filing easier than e-file. Even with e-filing, you still need to mail your pictures.
1. You can file AP even after the first one expires. But I filed for renewal 3 months before expiry.
2. AP form has the TSC address. I used USPS.
3. If you are the applicant, what is the need to sign Part 9? It is self-explanatory.
4. There is no Notice of Appearance form if you are representing yourself and doing a self-filing.
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rssb
11-28 07:28 AM
H1's from A and B are not related and having multiple H1's is valid.
However in your case, once the H1 from company A starts your OPT / EAD status will no longer be valid. For filing a H1 with company B now, you are fine with OPT status and you may get an approval for start date B with company B based on today's status of OPT.
I am under the impression that company B is not aware of H1 filing with company A.
So if H1 from company A is already approved and ready to start date A in Jan , then that is the day your OPT will end. If H1 from B is approved before start date A , but start date B is beyond A's start date then you will have to be with company A during that period ( i.e gap between start date A & start date B).
Or else down the line if you are asked to prove status between start date A & B, for that time you need something to show.
You say "My issue is, Company A is going to terminate the H1B visa process from my end, and ends the employment relation with me. "
If this is the case your OPT should be intact, just make sure your status does not change on start date A with Sevis.
If A is not willing to cancel or you need to ask them to cancel then ....
Your options might be,
a) Cancel processing of H1 with A, so that OPT stays intact till B kicks in.
b) if A is already approved, then ask A to cancel it ( i.e send a letter to USCIS for withdrawal), this withdrawal date has to be before start date with A , and your OPT will be reinstated till B kicks in. This requires around 60 days, but can be sooner depending on their work load.
c) Ask B to advance start date to match with A so it takes control of your OPT before A ends it.
I can understand your situation, when someone is coming out of school and has multiple options. Where a single one of them is not a cut above the rest, for a clean decision, or a good one comes later. The best is to stay with opt until you are comfortable and like the work, but however due to time pressure, quota exhaustion and persuasion from the companies people end up applying for H1 too soon locking themselves into a corner.
PS: I am not a lawyer, it is better to consult a lawyer / your school student adviser for your options.
Good luck.
However in your case, once the H1 from company A starts your OPT / EAD status will no longer be valid. For filing a H1 with company B now, you are fine with OPT status and you may get an approval for start date B with company B based on today's status of OPT.
I am under the impression that company B is not aware of H1 filing with company A.
So if H1 from company A is already approved and ready to start date A in Jan , then that is the day your OPT will end. If H1 from B is approved before start date A , but start date B is beyond A's start date then you will have to be with company A during that period ( i.e gap between start date A & start date B).
Or else down the line if you are asked to prove status between start date A & B, for that time you need something to show.
You say "My issue is, Company A is going to terminate the H1B visa process from my end, and ends the employment relation with me. "
If this is the case your OPT should be intact, just make sure your status does not change on start date A with Sevis.
If A is not willing to cancel or you need to ask them to cancel then ....
Your options might be,
a) Cancel processing of H1 with A, so that OPT stays intact till B kicks in.
b) if A is already approved, then ask A to cancel it ( i.e send a letter to USCIS for withdrawal), this withdrawal date has to be before start date with A , and your OPT will be reinstated till B kicks in. This requires around 60 days, but can be sooner depending on their work load.
c) Ask B to advance start date to match with A so it takes control of your OPT before A ends it.
I can understand your situation, when someone is coming out of school and has multiple options. Where a single one of them is not a cut above the rest, for a clean decision, or a good one comes later. The best is to stay with opt until you are comfortable and like the work, but however due to time pressure, quota exhaustion and persuasion from the companies people end up applying for H1 too soon locking themselves into a corner.
PS: I am not a lawyer, it is better to consult a lawyer / your school student adviser for your options.
Good luck.
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veni001
02-02 08:57 PM
Hello,
I would need some suggestion pertaining this stage. My company has 100+ employees and has rock-solid financials showing profitability. As a part of documentation, should just the company's tax documents suffice? I am told that even audited financial documents are required. While the former is easier to fetch, the later is a bit cumbersome process and lengthy.
Please let me know if we can proceed thru this stage if only company's federal tax returns are shown (without audited financial docs).
Thank you
Not to scare you but please be ready for any thing and every thing, if you are porting with the same employer please read this (http:///2011/01/eb3-to-eb2-porting-with-same-current.html).
Good luck.;)
I would need some suggestion pertaining this stage. My company has 100+ employees and has rock-solid financials showing profitability. As a part of documentation, should just the company's tax documents suffice? I am told that even audited financial documents are required. While the former is easier to fetch, the later is a bit cumbersome process and lengthy.
Please let me know if we can proceed thru this stage if only company's federal tax returns are shown (without audited financial docs).
Thank you
Not to scare you but please be ready for any thing and every thing, if you are porting with the same employer please read this (http:///2011/01/eb3-to-eb2-porting-with-same-current.html).
Good luck.;)
PD_Dec2002
05-22 08:21 AM
Please correct me if I am wrong, but the Hammond Law Group (HLG) was hired by IV for its lobbying efforts, correct? What does HLG have to say about the fact that none of the provisions for legal immigrants went into the CIR? What's their take on the chances that favorable amendments for legal immigrants will make it?
Would be interesting to get their point of view...
Thanks,
Jayant
Would be interesting to get their point of view...
Thanks,
Jayant
sankar_203
04-20 10:20 PM
i had the same situation. your friend can apply for H1-B coz he is already counted. He'll loose whatever time that he is used on EAD and get the remaining time that is left on his 6 year period. If 6 years is already passed, he can still file for H1-B based on labor, 140 approval. In my case, my H1-B got denied coz of employer issues and i have an another H1-B with another company. Mean while i have filed AC21 with my new employer to be able to work..Hope this helps..
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