IneedAllGreen
09-21 02:31 PM
Your story looks similar to mine. Before I go for my side of story let me tell you that going for premium is always good idea. I got my new I-140 (EB3) got approved within 2 weeks after we applied for my third green card process. Now with your labor and approve I-140 and remaining H1B visa you can go to new employer. I think you have plenty of time to go to new employer and transfer remaining time in your H1B. In between you can ask current employer not to revoke I-140 once it processed. This way you can later transfer dates from current GC process to new one. I think you are quite secure at this point of time to move to new employer. Just take in confidence with current employer for not to invoke I-140 until you transfer your date.
On my side of the story I did same thing (as explained above) in 2006 because of lay off . I had almost 1 year of time remaining on my H1B and had already crossed 6 years limit on H1B.). I did transferred my remaining H1B time to new employer (where I am right now) and started my GC process (2nd green card. I did not complete labor process or I-140 at my earlier employer so could not get transferred date). I got my labor approved for 2nd GC within few days of filling in late 2006 so my attorney filed for my H1B extension in 2007 for one more year based on my new labor. I don't know you call it luck that I got my extension of H1B for 1 more year based on new labor. As of now we have filed for 3rd GC for me because my I-140 got denied based on my education (A year ago we have appealed for the same)
In short what you can do is to go for premium proc for I-140 and transfer remaining H1 to new employer and try filling extension of H1 at new employer after it expires. Its little risky but like you said you might get laid off sooner or later. As always above information is from my experience but attorney can give you right advice. I did pay $200 to Murthy for advice on what to do while I was in your kind of situation in 2006.
Good luck.
My six year term of H-1B ends on 15th Nov 2011. My present employer is filling my I-140 ( as I am paying all the expenses) and the lawyer tells me that she will be able to file in 30 days in EB-2 ctaegory. However , now my job does not look very secure and I am afraid I might be laid off while my I-140 is pending. Thats why I am considering filing under premium processing by paying money out of my pocket.
My reasoning behind this is:
1) If laid off, with an approved I-140, I can apply for 3 year extension on a new H-1B with another employer and then work towards capturing my PD when time permits.
I realize I might have to go to H-4 to avoid getting out of satus while I am looking for new employer. Can anyone please guide if I have my bases covered or if there is a flaw in my reasoning. Should I go for premium processing or not.
Thanks
On my side of the story I did same thing (as explained above) in 2006 because of lay off . I had almost 1 year of time remaining on my H1B and had already crossed 6 years limit on H1B.). I did transferred my remaining H1B time to new employer (where I am right now) and started my GC process (2nd green card. I did not complete labor process or I-140 at my earlier employer so could not get transferred date). I got my labor approved for 2nd GC within few days of filling in late 2006 so my attorney filed for my H1B extension in 2007 for one more year based on my new labor. I don't know you call it luck that I got my extension of H1B for 1 more year based on new labor. As of now we have filed for 3rd GC for me because my I-140 got denied based on my education (A year ago we have appealed for the same)
In short what you can do is to go for premium proc for I-140 and transfer remaining H1 to new employer and try filling extension of H1 at new employer after it expires. Its little risky but like you said you might get laid off sooner or later. As always above information is from my experience but attorney can give you right advice. I did pay $200 to Murthy for advice on what to do while I was in your kind of situation in 2006.
Good luck.
My six year term of H-1B ends on 15th Nov 2011. My present employer is filling my I-140 ( as I am paying all the expenses) and the lawyer tells me that she will be able to file in 30 days in EB-2 ctaegory. However , now my job does not look very secure and I am afraid I might be laid off while my I-140 is pending. Thats why I am considering filing under premium processing by paying money out of my pocket.
My reasoning behind this is:
1) If laid off, with an approved I-140, I can apply for 3 year extension on a new H-1B with another employer and then work towards capturing my PD when time permits.
I realize I might have to go to H-4 to avoid getting out of satus while I am looking for new employer. Can anyone please guide if I have my bases covered or if there is a flaw in my reasoning. Should I go for premium processing or not.
Thanks
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bekugc
03-04 04:46 PM
hello;
Here are my details.
1. currently in 8th yr extn on orig H1( h1 extn is there until mar 2010); 140 approved in march 2007
2. filed 485 in june 07, got AP/ead in oct 07 ( eb3, apr 2003)
3. became eligible for ac21 in jan 2008
4. so far not yet used AP or ead
the qn is -->
1. if i use ac21 , can i have the new company transfer my H1? (even tho im past the 6 yr original limit)
2. first join the new company using EAD, then ask them to apply for H1 transfer. will this work?
3. if the new company doesnt sponsor my H1, then does that mean i will never be able to marry a girl from india and get her here on dependent visa (h4) before my GC approval.
4. pple who use EAD and chg jobs, is there any way in which they can get to add a spouse as a derivative 485 appln before the GC gets approved.
can you give ur opinion regd the above qns? thanks
Here are my details.
1. currently in 8th yr extn on orig H1( h1 extn is there until mar 2010); 140 approved in march 2007
2. filed 485 in june 07, got AP/ead in oct 07 ( eb3, apr 2003)
3. became eligible for ac21 in jan 2008
4. so far not yet used AP or ead
the qn is -->
1. if i use ac21 , can i have the new company transfer my H1? (even tho im past the 6 yr original limit)
2. first join the new company using EAD, then ask them to apply for H1 transfer. will this work?
3. if the new company doesnt sponsor my H1, then does that mean i will never be able to marry a girl from india and get her here on dependent visa (h4) before my GC approval.
4. pple who use EAD and chg jobs, is there any way in which they can get to add a spouse as a derivative 485 appln before the GC gets approved.
can you give ur opinion regd the above qns? thanks
indianabacklog
02-13 08:30 AM
Sorry, if this seems off-topic.
I'm on H1B visa and my wife is on H4 visa. We file our taxes as a joint return. My wife is currently studying for MS. She has received in-state tuition fees. We received 1098-T from the university. I'm thiking about getting a lifetime learning credit which will reduce my tax bill. My questions are:
* Are people on H1/H4 allowed to take lifetime learning credit for graduate studies?
* Will this have any negative effect on our greencard in the future?
Thanks.
You can simply use the tuition fees deduction on the front of the 1040 return. It will reduce your adjusted gross income. I have been using it for deducting my sons tuition for three years.
I'm on H1B visa and my wife is on H4 visa. We file our taxes as a joint return. My wife is currently studying for MS. She has received in-state tuition fees. We received 1098-T from the university. I'm thiking about getting a lifetime learning credit which will reduce my tax bill. My questions are:
* Are people on H1/H4 allowed to take lifetime learning credit for graduate studies?
* Will this have any negative effect on our greencard in the future?
Thanks.
You can simply use the tuition fees deduction on the front of the 1040 return. It will reduce your adjusted gross income. I have been using it for deducting my sons tuition for three years.
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saketkapur
03-24 03:38 PM
She will need to complete a 3 year waiver in medically underserved area or a 2 year home return before you can file for her adjustment of status(I-485).
We had faced a similar situation 3 years back and decided to go ahead with it since looking at the backlogs I am assuming with my PD of 2007 I am still way off from getting my GC.
So now my wife is completing her residency in June this year and has a waiver job lined up. Once/ If dates become current I will file for her I-485 after the waiver is complete.
If you need details then PM me.
Everyone has their own priorities and their own way of dealing with the situations.
We had faced a similar situation 3 years back and decided to go ahead with it since looking at the backlogs I am assuming with my PD of 2007 I am still way off from getting my GC.
So now my wife is completing her residency in June this year and has a waiver job lined up. Once/ If dates become current I will file for her I-485 after the waiver is complete.
If you need details then PM me.
Everyone has their own priorities and their own way of dealing with the situations.
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hemya
08-21 09:15 AM
If you have the ead card, the file #/card# will tell you which center was your EAD fiiled. To get an approximate date using the online case status search for the file number in the approximate range as yours. For Eg. if you card # is EAC 07 043 52343 - then the center is Vermont, Filed in Fisical year 07 ( Oct -06 - Sep 07) 043 is the 43rd working day in FY07 and 52343 is the case number.
Hope this helps.
Thats what I did...but I did not put in the date of filing......My old EAD card had a LINxxxxx number
Hope this helps.
Thats what I did...but I did not put in the date of filing......My old EAD card had a LINxxxxx number
dummgelauft
06-15 12:40 PM
Dear Friends,
Please advise me for the following relating to my birth certificate that I have to use for Immigration purposes.
One or two alphabets of my name on birth certificate are different from my passport and secondary school. In addition, my family name is not included in the certificate. Rest of the information is all fine and matching with my passport and secondary school certificates( like DOB, Parents, Place etc)
I have some questions
1. Does the birth certificate issued by Indian consulate in foreign country is deemed acceptable?
2. Do I need to furnish any kind of affidavit along with original birth certificate, if yes, please share the format for those, who is writing these affidavit and any specific stamp paper/value etc?
3. Any guidelines in order to correct the information in my original certificate.
4. Any other vital information in this regard
Thanks you all.
Zimmyneuro
Hey, What you really mean is that one or two LETTERS in your name do not match your name on the passport. An ALPHABET is made up of ALL the letters in a languge. The neglish ALPHABET is made up of LETTERS from A to Z.
Please advise me for the following relating to my birth certificate that I have to use for Immigration purposes.
One or two alphabets of my name on birth certificate are different from my passport and secondary school. In addition, my family name is not included in the certificate. Rest of the information is all fine and matching with my passport and secondary school certificates( like DOB, Parents, Place etc)
I have some questions
1. Does the birth certificate issued by Indian consulate in foreign country is deemed acceptable?
2. Do I need to furnish any kind of affidavit along with original birth certificate, if yes, please share the format for those, who is writing these affidavit and any specific stamp paper/value etc?
3. Any guidelines in order to correct the information in my original certificate.
4. Any other vital information in this regard
Thanks you all.
Zimmyneuro
Hey, What you really mean is that one or two LETTERS in your name do not match your name on the passport. An ALPHABET is made up of ALL the letters in a languge. The neglish ALPHABET is made up of LETTERS from A to Z.
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ca_immigrant
04-15 08:20 PM
So I have sent them 2 applications
one for my daughter (add OCI to new passport) and one for my son (get new PIO)
All have same documents and so have sent proof of address for both the applications.
My son's got flagged for missing proof of address and so sent them the DL copy (mine, do not have wife's will try sending them the AP as you folks have mentioned, thanks !)
Intrestingly my daughter's got flagged for missing photo copies and have been charged $20 for 10 pages :mad: which by the way I am sure I had sent to them...
and now they are saying I have not sent the old passport that has the U visa.
Now this is a new requirement and was not there previously , before they were asking only for copy of old visa. I have a print out of the requirements from the day I filed.
Apparently, the indian consualte keeps chaing requirements every day is what I was told over the phone.
and reaching them seems to be a very painful wait :( 30 minutes to 1 hour at the least
So far I must say I am not impressed with thier service...but anyways why will they care
just venting out !!
one for my daughter (add OCI to new passport) and one for my son (get new PIO)
All have same documents and so have sent proof of address for both the applications.
My son's got flagged for missing proof of address and so sent them the DL copy (mine, do not have wife's will try sending them the AP as you folks have mentioned, thanks !)
Intrestingly my daughter's got flagged for missing photo copies and have been charged $20 for 10 pages :mad: which by the way I am sure I had sent to them...
and now they are saying I have not sent the old passport that has the U visa.
Now this is a new requirement and was not there previously , before they were asking only for copy of old visa. I have a print out of the requirements from the day I filed.
Apparently, the indian consualte keeps chaing requirements every day is what I was told over the phone.
and reaching them seems to be a very painful wait :( 30 minutes to 1 hour at the least
So far I must say I am not impressed with thier service...but anyways why will they care
just venting out !!
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smiledentist
06-22 12:47 AM
You would be best served with the services of an experienced attorney in this area. This is a rather difficult situation. Any answers on this board are likely to be speculative. Some money spent in this critical juncture would be money well spent.
From what I can see, you have 2 options, either to continue with your currently approved 140 and file for a 485 or get a new one and try to affix your PD from the old approved 140. Either way once you get to the 485 stage you should be more secure in things, and can then look to invoke AC 21 rules.
What I want is that if I could use this approved 140 thenI could be safe,but with a new 140 I am scared that it will take 4 months and I could not take advantage of filing 485.
From what I can see, you have 2 options, either to continue with your currently approved 140 and file for a 485 or get a new one and try to affix your PD from the old approved 140. Either way once you get to the 485 stage you should be more secure in things, and can then look to invoke AC 21 rules.
What I want is that if I could use this approved 140 thenI could be safe,but with a new 140 I am scared that it will take 4 months and I could not take advantage of filing 485.
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hotshots
06-04 10:37 AM
From Rajiv Khanna's site... http://www.immigration.com/faq/370/unreasonable-h-1-requests-cis
Unreasonable H-1 requests from CIS
USCIS now wants consulting companies to provide tax information on their clients. This is gross over-reaching in my view. Here is an excerpt from an RFE we received last week:
Quote:
Submit evidence that clearly substantiates that the petitioner or petitioner's client's are legitimate business entities and employers. Evidence should include copies of the client�s most recent signed Federal Tax Return and quarterly wage reports for the last quarter. If the clients are publicly traded companies, provide a copy of their most recent annual report and a letter from the president of the company explaining what business they have with the petitioner. If the client is a government agency, provide the contract number and the name of the company that has the primary contract.
As with most things dished out by USCIS, we are dealing with it.
Unreasonable H-1 requests from CIS
USCIS now wants consulting companies to provide tax information on their clients. This is gross over-reaching in my view. Here is an excerpt from an RFE we received last week:
Quote:
Submit evidence that clearly substantiates that the petitioner or petitioner's client's are legitimate business entities and employers. Evidence should include copies of the client�s most recent signed Federal Tax Return and quarterly wage reports for the last quarter. If the clients are publicly traded companies, provide a copy of their most recent annual report and a letter from the president of the company explaining what business they have with the petitioner. If the client is a government agency, provide the contract number and the name of the company that has the primary contract.
As with most things dished out by USCIS, we are dealing with it.
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Dhundhun
08-13 12:39 AM
English equivalent:
There is a saying that in forest, Pecock dance before rain (implies, if they dance, rain follows).
So start dancing, GC will follow.
There is a saying that in forest, Pecock dance before rain (implies, if they dance, rain follows).
So start dancing, GC will follow.
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Ramba
02-27 07:48 PM
I just sent the fax to senators of my state for amendment to Sen. Specter markup. The current format is not effective.
My main concern is why our people are worrying about filing AOS when visa number unavailable? Man, this should not be our concern at all. Our main concern should be reinstating the AC21 provision that allow the oversubscribed countries to use excess visas in each EB category.
If the current form of specter bill passes, there is no benefit to any of us. If EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3) from count, that drastically increase the visa numbers. The increase is unimaginable, and I feel that it will be about 4 to 5 times than current 140K numbers. If all the listed provisions appears in the final bill, the visa number will always be �current� for all countries for many years, provided AC21 (elimination of per country limit if demand is less than supply) reinstated. If this happens, no one needs to worry about filing AOS when visa number unavailable. That situation never arises.
If current form of Specter bill passes, all the new numbers created thro above listed provisions, will not give any benefit to India/China. DOS simply say per country limit is 10% only no matter what. Remember that, 10% is total of FB+EB numbers. (480000+290000). India and China FB numbers are also heavily backlogged. Therefore our main concern is to reinstate AC21 provision not filing AOS, and keep pressure to keep the listed provisions (EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3)) in the final bill.
Please modify the format.
My main concern is why our people are worrying about filing AOS when visa number unavailable? Man, this should not be our concern at all. Our main concern should be reinstating the AC21 provision that allow the oversubscribed countries to use excess visas in each EB category.
If the current form of specter bill passes, there is no benefit to any of us. If EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3) from count, that drastically increase the visa numbers. The increase is unimaginable, and I feel that it will be about 4 to 5 times than current 140K numbers. If all the listed provisions appears in the final bill, the visa number will always be �current� for all countries for many years, provided AC21 (elimination of per country limit if demand is less than supply) reinstated. If this happens, no one needs to worry about filing AOS when visa number unavailable. That situation never arises.
If current form of Specter bill passes, all the new numbers created thro above listed provisions, will not give any benefit to India/China. DOS simply say per country limit is 10% only no matter what. Remember that, 10% is total of FB+EB numbers. (480000+290000). India and China FB numbers are also heavily backlogged. Therefore our main concern is to reinstate AC21 provision not filing AOS, and keep pressure to keep the listed provisions (EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3)) in the final bill.
Please modify the format.
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ns33
03-12 10:39 PM
Does this mean I can port the PD even if I moving from a technical position to a managerial position in a different company. of course I know one has to file a new perm and I140 with the new company.
I think you can - however, please get some legal consultation for that from a good lawyer.
I think you can - however, please get some legal consultation for that from a good lawyer.
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looivy
11-12 05:06 PM
How early do I need to apply to get an appointment at vancouver or Toronto or Mexico?
Vancouver stamping experience (Oct 2009):
Guys we successfully had our H1B visa stamping done in Vancouver, Canada. First let me start about Vancouver and man what a beautiful place it is. It�s also called Glass City but has its own natural side in which no city can come close.
We flew into Vancouver from Seattle, WA and stayed at Days inn near West Pender St, which we did not like at all. Also take some time for taking pictures inside Vancouver airport. I think they are beautifying the airport for the Winter Olympics in 2010 but the totem poles and some exhibits are worth watching. Taxi ride to the airport is about 30$.
One advantage with Days Inn on West Pender is walking distance to the US embassy. One the visa day we came at 9:00 AM (Tuesday) to the consulate with DS-160 confirmation letter. We uploaded the photos during our electronic submission but better to have additional photos as we have seen many people being sent out as the picture in the application was not clear. The whole process took about 2 Hours and I was back to the hotel room by about 11:30 AM.
After the consulate visit on Tuesday we immediately shifted to Century Plaza Hotel & Spa. We got a good deal for Century Plaza and were surprised at the level of luxury we got.
I was only asked for my H1B approval document. The officer asked questions about our previous work location as he was from the same place. I was told to collect the document on Thursday as Wednesday was a holiday. We booked our tickets for Friday as we thought it would take two days to get our passport back.
The Friday journey meant we had lots of time to visit some amazing places in Vancouver, Canada. We visited Stanley park (must visit), Granville Island (very expensive-not much to do-liked the boat taxi), Canada place (beautiful spot for a great view), Robson street (nice street for shopping), Victoria Island (long travel but a worthy one), Caplilano suspension bridge (Did not find it too surprising), Bushart gardens-Victoria Island (must visit) and Parliament building-Victoria Island (must visit). Heard lot of good reviews about British Columbia history museum but missed it. Public transportation is great in Vancouver but do take enough time if you are planning for it. Also do take two days if you want to cover Victoria Island. The journey (Bus+BCFerry) itself takes half day.
Some of the places I would recommend for food are Banana leaf Malaysian restaurant, India Bistro and Sala Thai.
We were very depressed by the thought of another Visa stamping but Vancouver visit changed the entire episode. Been to Toronto and Ottawa before but nothing like Vancouver.
Vancouver stamping experience (Oct 2009):
Guys we successfully had our H1B visa stamping done in Vancouver, Canada. First let me start about Vancouver and man what a beautiful place it is. It�s also called Glass City but has its own natural side in which no city can come close.
We flew into Vancouver from Seattle, WA and stayed at Days inn near West Pender St, which we did not like at all. Also take some time for taking pictures inside Vancouver airport. I think they are beautifying the airport for the Winter Olympics in 2010 but the totem poles and some exhibits are worth watching. Taxi ride to the airport is about 30$.
One advantage with Days Inn on West Pender is walking distance to the US embassy. One the visa day we came at 9:00 AM (Tuesday) to the consulate with DS-160 confirmation letter. We uploaded the photos during our electronic submission but better to have additional photos as we have seen many people being sent out as the picture in the application was not clear. The whole process took about 2 Hours and I was back to the hotel room by about 11:30 AM.
After the consulate visit on Tuesday we immediately shifted to Century Plaza Hotel & Spa. We got a good deal for Century Plaza and were surprised at the level of luxury we got.
I was only asked for my H1B approval document. The officer asked questions about our previous work location as he was from the same place. I was told to collect the document on Thursday as Wednesday was a holiday. We booked our tickets for Friday as we thought it would take two days to get our passport back.
The Friday journey meant we had lots of time to visit some amazing places in Vancouver, Canada. We visited Stanley park (must visit), Granville Island (very expensive-not much to do-liked the boat taxi), Canada place (beautiful spot for a great view), Robson street (nice street for shopping), Victoria Island (long travel but a worthy one), Caplilano suspension bridge (Did not find it too surprising), Bushart gardens-Victoria Island (must visit) and Parliament building-Victoria Island (must visit). Heard lot of good reviews about British Columbia history museum but missed it. Public transportation is great in Vancouver but do take enough time if you are planning for it. Also do take two days if you want to cover Victoria Island. The journey (Bus+BCFerry) itself takes half day.
Some of the places I would recommend for food are Banana leaf Malaysian restaurant, India Bistro and Sala Thai.
We were very depressed by the thought of another Visa stamping but Vancouver visit changed the entire episode. Been to Toronto and Ottawa before but nothing like Vancouver.
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desi3933
02-09 01:55 PM
.....
Both the company C and company A was owned by one person. So even i was working with the company C, my payroll was under Company A. Right after I received my labor certificate from Company A, my lawyer suggested my transfer my H1b from Company C to company A. Then i received my h1b approval for company A in Jan 2007 to October 2008.
.........
EB3 (ROW)..PD May 2006
If Company A and C are related business entities, why H1-B transfer was needed from C to A.
>> So even i was working with the company C, my payroll was under Company A.
When you were getting paycheck from A, did you raise this issue?
Did you put this information in Employment History for I-485? What was your last entry into USA?
_______________________
Not a legal advice.
US Citizen of Indian Origin
Both the company C and company A was owned by one person. So even i was working with the company C, my payroll was under Company A. Right after I received my labor certificate from Company A, my lawyer suggested my transfer my H1b from Company C to company A. Then i received my h1b approval for company A in Jan 2007 to October 2008.
.........
EB3 (ROW)..PD May 2006
If Company A and C are related business entities, why H1-B transfer was needed from C to A.
>> So even i was working with the company C, my payroll was under Company A.
When you were getting paycheck from A, did you raise this issue?
Did you put this information in Employment History for I-485? What was your last entry into USA?
_______________________
Not a legal advice.
US Citizen of Indian Origin
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zerosine
06-25 01:33 AM
Hi, I hope this is the correct forum. I entered the US on an Australian passport with a tourist visa issued in London in Nov 94. After 6 months my lawyer got me a business visa extension for 6 months.
Long story short I overstayed and lost both passport and I 94 and the lawyer who had the copies of the docs no longer has the records. I married a US citizen in 2006 and had a child and would like to adjust my status, however I cannot prove legal entry.
Is there anyway to find records of either my original visa, I-94 or extension so I can file the rest of the paperwork?
Thanks for your help in advance.
Long story short I overstayed and lost both passport and I 94 and the lawyer who had the copies of the docs no longer has the records. I married a US citizen in 2006 and had a child and would like to adjust my status, however I cannot prove legal entry.
Is there anyway to find records of either my original visa, I-94 or extension so I can file the rest of the paperwork?
Thanks for your help in advance.
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rb_248
10-26 12:39 PM
Able to read English or not should not constitute an offense. Not able to read a road sign and erring on that basis is an offense. All the regulatory and warning road signs have a symbol associated with the text (Octogon for stop 'U' for U-turn, curve ahead.....). Only the advisory signs (exit signs and street signs) have English names and no signs.
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acecupid
08-15 10:35 AM
The article is not very clear. It sounds like this will cause more trouble than benefit us. The 485 filing will be based on PD after pre-registration is cleared, so people who were originally eligible to apply for 485, EAD and AP when PD is current will lose the EAD/AP benefits during pre-registration process.
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Ramba
08-13 10:55 AM
Hi All,
I have a very starge situation. I have an approved I-140 based on PERM LC - EB3 -India with PD of Jan 2006.
Before July 07, my company substituted me for LC Sub with PD of Jan 2003 and did the I-485 filing based on this pending LC Sub.
(Guys...please dont jump on me for using LC SUB...I work for a one of the biggest tech companies with 60000 employees for 6 years and its their policy to do LC Sub for their employees..i didn't buy the LCs through consulting or some one...). I got EAD renewals, AP etc...Since my LC Sub I-140 is beyond its processing dates, my attorney filed a AILA request and got a reponse saying
"The AILA Liaison committee member working on your case reviewed the petition with an I-140 senior officer at USCIS. It appears that the employee that had the original labor certification application adjusted his status based on the labor certification. Unfortunately, this means that the labor cert and priority date cannot be used for your green card application."
But, they also mentioned that "Your AOS that is pending will continue to be active based on your own approved I-140. This was verified by CIS in their response to our inquiry"
Question 1: My attorney said its an unofficial USCIS/AILA determination. Howmuch to rely on this AILA/USCIS unofficial determination? Because, Still, USCIS case status shows my I-140 is pending. Should i wait until the decision comes on my case?
Question 2: My understanding is that, if the LC is already used, then my LC Sub I-140 will be denied... if the I-140 is denied then the I-485 will also be denied..is it correct?
Question 3: If my above understanding is correct, then how will my AOS will continue to be active based on my original I-140 if my AOS was files uding pending LC Sub-I140? Is it true or they lawyer is giving me a fake answer? I thought you can only change underlying I-140, only if the new I-140s dates are current..in my case Jan 2006 date is not current.....
Please give me your thoughts...I would really appreciate your help...
Whatever response you got from the AILa may be true. If the first employee got GC through that LC (by AC21), you cannot get second one and even you can not port the PD. In nutshell, one LC cannot produce two 140 or 2 GC. You may be lucky, instead of denying your 485, the uscis perhaps replaced underlying first I-140 (LC sub) by your second approved (original) I-140 with PD 2006. Dont rely on web case status check.
I have a very starge situation. I have an approved I-140 based on PERM LC - EB3 -India with PD of Jan 2006.
Before July 07, my company substituted me for LC Sub with PD of Jan 2003 and did the I-485 filing based on this pending LC Sub.
(Guys...please dont jump on me for using LC SUB...I work for a one of the biggest tech companies with 60000 employees for 6 years and its their policy to do LC Sub for their employees..i didn't buy the LCs through consulting or some one...). I got EAD renewals, AP etc...Since my LC Sub I-140 is beyond its processing dates, my attorney filed a AILA request and got a reponse saying
"The AILA Liaison committee member working on your case reviewed the petition with an I-140 senior officer at USCIS. It appears that the employee that had the original labor certification application adjusted his status based on the labor certification. Unfortunately, this means that the labor cert and priority date cannot be used for your green card application."
But, they also mentioned that "Your AOS that is pending will continue to be active based on your own approved I-140. This was verified by CIS in their response to our inquiry"
Question 1: My attorney said its an unofficial USCIS/AILA determination. Howmuch to rely on this AILA/USCIS unofficial determination? Because, Still, USCIS case status shows my I-140 is pending. Should i wait until the decision comes on my case?
Question 2: My understanding is that, if the LC is already used, then my LC Sub I-140 will be denied... if the I-140 is denied then the I-485 will also be denied..is it correct?
Question 3: If my above understanding is correct, then how will my AOS will continue to be active based on my original I-140 if my AOS was files uding pending LC Sub-I140? Is it true or they lawyer is giving me a fake answer? I thought you can only change underlying I-140, only if the new I-140s dates are current..in my case Jan 2006 date is not current.....
Please give me your thoughts...I would really appreciate your help...
Whatever response you got from the AILa may be true. If the first employee got GC through that LC (by AC21), you cannot get second one and even you can not port the PD. In nutshell, one LC cannot produce two 140 or 2 GC. You may be lucky, instead of denying your 485, the uscis perhaps replaced underlying first I-140 (LC sub) by your second approved (original) I-140 with PD 2006. Dont rely on web case status check.
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arnet
09-12 02:17 PM
i think, not sure, if you are in US then for renewal in same visa category (or) to transfer from one visa category to another (like F to H visa, etc.), you can goto canada or mexico or india for visa revalidation.
But for new first time H1 visa, i think you should get it from india based on your home state jurisdication. you can check immigrationportal.com regd this there might be threads related to this...
Disclaimer: I'm nt an immigration attroney.
Please check with one on this issue.
Hi Guys,
I am from India. Can I go to US Embassy in Canada for H1 stamping ?
How to do that. Please someone enlighten me.. last time I heared you
have to go back to your country of origin for H1 stamping. am I wrong.
thanks
But for new first time H1 visa, i think you should get it from india based on your home state jurisdication. you can check immigrationportal.com regd this there might be threads related to this...
Disclaimer: I'm nt an immigration attroney.
Please check with one on this issue.
Hi Guys,
I am from India. Can I go to US Embassy in Canada for H1 stamping ?
How to do that. Please someone enlighten me.. last time I heared you
have to go back to your country of origin for H1 stamping. am I wrong.
thanks
abq_gc
08-29 10:34 AM
A very good idea... Need people to start Bogging and writing these editorials..
Media attention towards the scam of USCIS is necessary..
Media attention towards the scam of USCIS is necessary..
arnet
08-01 07:55 PM
DISCLAIMER:
I'm not a lawyer. Disclaimer mentioned by IV and its members holds good for me too. The information provided below is of a general nature and may not apply to any particular set of facts or to all circumstances and not be construed as legal advice. You should not rely solely upon information here and You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing.
Please read and discuss this issue and see whether we can include as our goals:
I know the existing IV goals should be our top priority and we shouldnt lose our focus but we should work simultaneously to get other reliefs to make our life better. Eventhough retrogression is main issue as of now, people are affected by visa revalidation issues (visa stamping), name check issues, etc. So I collected all the major issues I read and mentioned below to discuss with you all.
These broader goals will save us lot of time/money that we spent on renewals of visa/postage etc. and inturn attracts more membership registration/contribution/publicity/broader support from all groups/nationals/associations/attroneys etc to IV group. So please read this and see whether how much feasible it is (or) suggest some possible solutions to IV who can request our lawmakers to solve or ease our problems.
Goals to request USCIS/Lawmakers to get relief for the following problems:
1. Can we request to allow filing of our I-485 even if the priority dates are nt current and can avail EAD/AP benefits? Can we request to give us 3 years EAD/AP if I-485 is pending or filed recently (average renewal cost is 350$ PER PERSON FOR A YEAR for EAD+AP, so add for each dependent-that too now people are doing 4th time extension because of retrogression even if they didnt use EAD/AP or not)? Also can we request them to implement immediate relief package to ease retrogression problems and then to solve this issue permanently? (Note: I know IV working on this one issue)
2. Can we request, for EAD/AP/H1, dependents applications should be approved simultaneously along with principal applicants even though they are filed separately? (May be they can bring one application form for principal+dependents).
3. Can we request them to bring e-filing for all forms before Oct 2007 (including visa, gc forms) and we can submit scanned supporting documents using attachments to reduce paperwork and to avoid postage problems (lost/delay)? (But e-filing should automatically generate immediate Notice Numbers/Notice Date/Received Date once we submit--this is to avoid waiting for receipt numbers).
4. Can we request them to fix the maximum approval times for visas and for EAD/AP/Labor/I-140, say 3 mths maximum for first time applicants, a month for renewals or extensions, and (within) 15 days for premium processing?
5. Can we request them to implement revalidation again in US, may be to do fingerprint for revalidation, may be we can goto nearest USCIS local office in our city/state with reqd documents/Passport (same as for GC process) and they can take fingerprint and after verification they can send passport with visa stamping?
6. Can we request them that emergency appointment dates should be immediate not 6 months later and should be applicable for any major life event including marriage too (not only for death or medical reasons, this might help people nt to postpone their marriage based on visa availability dates)?
7. Can we request them to bring dropbox again (if revalidation done outside US) for visa extensions in same category or for dependents or for parents (older than 60yrs) (also fingerprinting can be done while dropping the documents)? (for newer case like H1/F1 they can have interview)
8. Can we request them for a new premium revalidation processing option at extra charge (because emergency appointment is not available for work related emergencies even though it is mentioned)?
9. Can we request them that Name check/Finger Printing Check should be verified and cleared within 90 days (maximum) for GC? for visa revalidation (not for new): we can request them to be verified and cleared within 1-3 days maximum because they can do the actual check during visa processing itself i.e. while approving I-797 or whatever?
10. Can we request them to bring a new premium processing for name/fingerprinting check up for extra fee? Also request to view fingerprinting status and history online? Can we request them to consider whether people can get security clearance certificate in advance for Visa/GC (to reduce processing time)?
11. Can we request them to allow dependents (spouse, children) of principal applicants to get SSN/driving license, also request to allow dependents to work except restricted areas (for job in some areas requires citizenship or GC) and also request to allow dependents to get financial aid/assistance too while studying?
12. can we request them to improve USCIS customer support (including FBI for fingerprinting) OR to provide 24x7 Customer support (to avoid waiting on hold for 1hr during peak hrs).
13. not sure, how it is now, can we request that H4 visa period shouldnt be counted against H1 visa period?
14. can we request them to allow our parents (who wants to visit in tourist visa) shouldnt be rejected if all documents provided? also request them to give mandatory 10yrs multiple entry visas should be given to both, if atleast one of the parents is older than 60yrs?
15. can we request premium processing should be less than 1000$ either it should be double or triple times the regular fee (for e.g. it shouldnt be 1000$ if regular application fee is 175$, can be 350$ or 500$ which is reasonable)
17. Can we request them to allow anyone to transfer from one visa to another visa category within US?
18. Backlog Elimination Funding: Can we request lawmakers to increase atleast 2-5% funding of previous budget of USCIS to upgrade technology, hire more manpower, customer service, training employees, userfriendly website inorder to eliminate backlog and to expeditate processing time for existing applications?
Please discuss these things and make reasonable things as our future goals even if nt top priority. Thanks!!!!
I'm not a lawyer. Disclaimer mentioned by IV and its members holds good for me too. The information provided below is of a general nature and may not apply to any particular set of facts or to all circumstances and not be construed as legal advice. You should not rely solely upon information here and You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing.
Please read and discuss this issue and see whether we can include as our goals:
I know the existing IV goals should be our top priority and we shouldnt lose our focus but we should work simultaneously to get other reliefs to make our life better. Eventhough retrogression is main issue as of now, people are affected by visa revalidation issues (visa stamping), name check issues, etc. So I collected all the major issues I read and mentioned below to discuss with you all.
These broader goals will save us lot of time/money that we spent on renewals of visa/postage etc. and inturn attracts more membership registration/contribution/publicity/broader support from all groups/nationals/associations/attroneys etc to IV group. So please read this and see whether how much feasible it is (or) suggest some possible solutions to IV who can request our lawmakers to solve or ease our problems.
Goals to request USCIS/Lawmakers to get relief for the following problems:
1. Can we request to allow filing of our I-485 even if the priority dates are nt current and can avail EAD/AP benefits? Can we request to give us 3 years EAD/AP if I-485 is pending or filed recently (average renewal cost is 350$ PER PERSON FOR A YEAR for EAD+AP, so add for each dependent-that too now people are doing 4th time extension because of retrogression even if they didnt use EAD/AP or not)? Also can we request them to implement immediate relief package to ease retrogression problems and then to solve this issue permanently? (Note: I know IV working on this one issue)
2. Can we request, for EAD/AP/H1, dependents applications should be approved simultaneously along with principal applicants even though they are filed separately? (May be they can bring one application form for principal+dependents).
3. Can we request them to bring e-filing for all forms before Oct 2007 (including visa, gc forms) and we can submit scanned supporting documents using attachments to reduce paperwork and to avoid postage problems (lost/delay)? (But e-filing should automatically generate immediate Notice Numbers/Notice Date/Received Date once we submit--this is to avoid waiting for receipt numbers).
4. Can we request them to fix the maximum approval times for visas and for EAD/AP/Labor/I-140, say 3 mths maximum for first time applicants, a month for renewals or extensions, and (within) 15 days for premium processing?
5. Can we request them to implement revalidation again in US, may be to do fingerprint for revalidation, may be we can goto nearest USCIS local office in our city/state with reqd documents/Passport (same as for GC process) and they can take fingerprint and after verification they can send passport with visa stamping?
6. Can we request them that emergency appointment dates should be immediate not 6 months later and should be applicable for any major life event including marriage too (not only for death or medical reasons, this might help people nt to postpone their marriage based on visa availability dates)?
7. Can we request them to bring dropbox again (if revalidation done outside US) for visa extensions in same category or for dependents or for parents (older than 60yrs) (also fingerprinting can be done while dropping the documents)? (for newer case like H1/F1 they can have interview)
8. Can we request them for a new premium revalidation processing option at extra charge (because emergency appointment is not available for work related emergencies even though it is mentioned)?
9. Can we request them that Name check/Finger Printing Check should be verified and cleared within 90 days (maximum) for GC? for visa revalidation (not for new): we can request them to be verified and cleared within 1-3 days maximum because they can do the actual check during visa processing itself i.e. while approving I-797 or whatever?
10. Can we request them to bring a new premium processing for name/fingerprinting check up for extra fee? Also request to view fingerprinting status and history online? Can we request them to consider whether people can get security clearance certificate in advance for Visa/GC (to reduce processing time)?
11. Can we request them to allow dependents (spouse, children) of principal applicants to get SSN/driving license, also request to allow dependents to work except restricted areas (for job in some areas requires citizenship or GC) and also request to allow dependents to get financial aid/assistance too while studying?
12. can we request them to improve USCIS customer support (including FBI for fingerprinting) OR to provide 24x7 Customer support (to avoid waiting on hold for 1hr during peak hrs).
13. not sure, how it is now, can we request that H4 visa period shouldnt be counted against H1 visa period?
14. can we request them to allow our parents (who wants to visit in tourist visa) shouldnt be rejected if all documents provided? also request them to give mandatory 10yrs multiple entry visas should be given to both, if atleast one of the parents is older than 60yrs?
15. can we request premium processing should be less than 1000$ either it should be double or triple times the regular fee (for e.g. it shouldnt be 1000$ if regular application fee is 175$, can be 350$ or 500$ which is reasonable)
17. Can we request them to allow anyone to transfer from one visa to another visa category within US?
18. Backlog Elimination Funding: Can we request lawmakers to increase atleast 2-5% funding of previous budget of USCIS to upgrade technology, hire more manpower, customer service, training employees, userfriendly website inorder to eliminate backlog and to expeditate processing time for existing applications?
Please discuss these things and make reasonable things as our future goals even if nt top priority. Thanks!!!!
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