dealsnet
08-14 01:05 PM
It is pure luck. It depends on where your file in the USCIS rack. They will take easy accessible file for approval. No specific criterea. Only thing is your PD must current. They will approve 2006 when 2001 PD still on their shelf.
This is just my theory. When you don't have much information, you get to think of many theories and here is mine. I believe USCIS is approving direct employees of an organization. For example, they may be giving preference to Microsoft employee, rather than an employee of Patel and Patel INC. I know I may be wrong, but I am just pondering. How can someone explain a person with PD 05/03/2006 with RD 08/01/2007 has much preference over a person with PD 05/03/2006 with RD 07/20/2007? Provided that everything is approved(I-140, Name check etc) Am I missing something here? :confused::confused:
People may post their answers, proving that I am wrong.
This is just my theory. When you don't have much information, you get to think of many theories and here is mine. I believe USCIS is approving direct employees of an organization. For example, they may be giving preference to Microsoft employee, rather than an employee of Patel and Patel INC. I know I may be wrong, but I am just pondering. How can someone explain a person with PD 05/03/2006 with RD 08/01/2007 has much preference over a person with PD 05/03/2006 with RD 07/20/2007? Provided that everything is approved(I-140, Name check etc) Am I missing something here? :confused::confused:
People may post their answers, proving that I am wrong.
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hopefulgc
09-16 10:22 PM
Please don't lose heart.. hang in there.
What you are experiencing has happened to a couple of people. But it sounds pretty counter-intuitive as to why they would deny substitution with for Eb2 labor?
Whatever the case, it sucks if it jeopardizes the primary Eb3 petition.
Are you able to locate any precedents to this?
Keep us updated here on this thread.
Hi,
Here is my case specifics:
--------------------------
1. Filed PERM EB3 LC - PD:01/2006 - Approved.
2. Filed EB3 I-140 using LC Sub from my company(company's policy..) - 06/2006 - was pending
3. Filed I-485 using pending LC Sub I-140 - 07/2007
4. Second I-140 Filed - 01/2008 based on my original PERM LC.
5. Second I-140 - Approved - 02/2008
6. Attorney sent AILA Request last month on my pending I-140. Got AILA Response as below
"Talked with the I-140 senior officer this afternoon about this case. We both reviewed the I-140 and the issue with the substitution of the labor cert. It appears that the individual that had the labor cert originally, adjusted off of it. Therefore, we can not substitute it again for the individual listed below. I believe that he has one I-140 already approved and will have to stay with that priority date. Have a good weekend."
7. Based on this, my attorney told me that my first I-140 will be denied soon; but she said that my AOS will continue to be active based on my approved I-140.
8. As my attorney said, Today, I got an CRIS email saying that my LC Sub I-140 is denied.
I have couple of questions now:
1. I am worried about my I-485 since my wofe is working on EAD. My understanding is that if your I-140 is denied, then your I-485 is denied too. But, my lawyer says that since I have an approved I140, they will use that and she is quoting the AILA Response email also. Is it true? or she is just convincing me with her lies.
2. I can continue to check the status of my I-485. But, how can I verify my AOS is now tied with my approved I-140? Interestingly, my AP Renewal is approved yesterday and notice mailed (a day before my I-140 denial)
Please let me know guys. Your help would be greatly appreciated.
Thanks
What you are experiencing has happened to a couple of people. But it sounds pretty counter-intuitive as to why they would deny substitution with for Eb2 labor?
Whatever the case, it sucks if it jeopardizes the primary Eb3 petition.
Are you able to locate any precedents to this?
Keep us updated here on this thread.
Hi,
Here is my case specifics:
--------------------------
1. Filed PERM EB3 LC - PD:01/2006 - Approved.
2. Filed EB3 I-140 using LC Sub from my company(company's policy..) - 06/2006 - was pending
3. Filed I-485 using pending LC Sub I-140 - 07/2007
4. Second I-140 Filed - 01/2008 based on my original PERM LC.
5. Second I-140 - Approved - 02/2008
6. Attorney sent AILA Request last month on my pending I-140. Got AILA Response as below
"Talked with the I-140 senior officer this afternoon about this case. We both reviewed the I-140 and the issue with the substitution of the labor cert. It appears that the individual that had the labor cert originally, adjusted off of it. Therefore, we can not substitute it again for the individual listed below. I believe that he has one I-140 already approved and will have to stay with that priority date. Have a good weekend."
7. Based on this, my attorney told me that my first I-140 will be denied soon; but she said that my AOS will continue to be active based on my approved I-140.
8. As my attorney said, Today, I got an CRIS email saying that my LC Sub I-140 is denied.
I have couple of questions now:
1. I am worried about my I-485 since my wofe is working on EAD. My understanding is that if your I-140 is denied, then your I-485 is denied too. But, my lawyer says that since I have an approved I140, they will use that and she is quoting the AILA Response email also. Is it true? or she is just convincing me with her lies.
2. I can continue to check the status of my I-485. But, how can I verify my AOS is now tied with my approved I-140? Interestingly, my AP Renewal is approved yesterday and notice mailed (a day before my I-140 denial)
Please let me know guys. Your help would be greatly appreciated.
Thanks
sdrblr
07-21 04:23 PM
We came back on H1/ H4 even though I had valid AP last December. We are travelling again next week and will be back in 2 weeks. Not sure whether it matters what the POE is, mine is Chicago O'Hare.
When i went to Mumbai last december i got my H1B stamped. while coming to US i showed the POE my H1B stamped visa he asked me for Advanced parol document and i was Parolled.When i asked him i have a H1B stamped in my passport why do i need to be parolled. He answered AP has a higher preference than H1B.
the bottom line is " H1B stamping will not be considered for your entry". Its just a stamp for your satisfaction.
I am not going to stamp my H1B again. 18 months back when i came from Vancouver Canada the POE let me in by AP not by H1B visa. I asked him about my valid H1B and the POE told me you can enter using either one but we prefer AP.
If you are a local from mumbai then its okay to attend a interview and get stamped. They don't ask much in my interview. In my last interview they asked me in the picture you have a mouthstach and now you are clean shaven. So that is the level of questions asked at the interview. Its just 2-3 hours of work or maybe half a day if you wish to do it.
One more proble i went through at mumbai consulte, The dates were posted 1 week in advance and then a local person has to go and submit the document to the consulate. the FEDEX from US to India would be costing around 68 to 150 dollars and it needs to be reached within 1-2 days (i.e. 3 days before the interview). I got it done somehow.
J thomas
When i went to Mumbai last december i got my H1B stamped. while coming to US i showed the POE my H1B stamped visa he asked me for Advanced parol document and i was Parolled.When i asked him i have a H1B stamped in my passport why do i need to be parolled. He answered AP has a higher preference than H1B.
the bottom line is " H1B stamping will not be considered for your entry". Its just a stamp for your satisfaction.
I am not going to stamp my H1B again. 18 months back when i came from Vancouver Canada the POE let me in by AP not by H1B visa. I asked him about my valid H1B and the POE told me you can enter using either one but we prefer AP.
If you are a local from mumbai then its okay to attend a interview and get stamped. They don't ask much in my interview. In my last interview they asked me in the picture you have a mouthstach and now you are clean shaven. So that is the level of questions asked at the interview. Its just 2-3 hours of work or maybe half a day if you wish to do it.
One more proble i went through at mumbai consulte, The dates were posted 1 week in advance and then a local person has to go and submit the document to the consulate. the FEDEX from US to India would be costing around 68 to 150 dollars and it needs to be reached within 1-2 days (i.e. 3 days before the interview). I got it done somehow.
J thomas
2011 of #39;True Blood#39; Season 4
yestogc
07-02 09:52 PM
Once you use EAD, you cannot go back to H1B.
Also I did not understand what you meant by :
"But need to bring my spouse in few months on H4"
Also I did not understand what you meant by :
"But need to bring my spouse in few months on H4"
more...
123456mg
02-17 02:41 PM
Oh dear, I am so sorry to hear it. I would like to ask some questions to you: Are you leaving the company on your own or getting laid-off? Cause if you are getting laid-off then you can still maintain good relations with your I-140 sponsor so no problems will occur in future. If oyu are leaving because of some employment concerns and not keeping good relations then I am afraid, you will be forced to use AC21 with H1-B transfer as the only option. Request the new employer to sponsor you for I-140 so that you will continue gettin gH1-B extensions in case your old employer withdraws the I-140 pending application.
I am not an expert and this is just my opinion.
I am not an expert and this is just my opinion.
Hey Ram GC
04-08 10:07 AM
PD before 31st 01 that too EB3
more...
koppula09
01-04 12:51 PM
Hi,
I have a serious problem and I am not sure what would be the solution. My wife came on H4 in 2001 and we applied for H1B and we got an approval which was valid until Oct 2006. But, in Mar 2006, due to some personal reasons we applied for COS from H1B to H4 and we got H4 approval which was valid until Aug 27, 2006. Before the expiry of H4 status in August 2006, we decided to apply for H1B and since her H1B was valid until Oct 2006, our attorney applied for H1B under I-539 and they didn't apply for H4 extension simultaneously. Meanwhile, while the H1B was in process, we applied for premium processing later which added few problems. We got an RFE on this case and our attorney answered it by sending appropriate docs but again we got a second RFE which is not answered yet.
Right now she is out of status and also, what will happen if her H1 is rejected and is it possible to apply for H4 right now, since it was expired in Aug 2006. If her H1 is rejected, can we apply for H4 even though her H4 was expired few months back or she has leave the country. Please help us out.
Thanks & Regards,
-- Venkat
I have a serious problem and I am not sure what would be the solution. My wife came on H4 in 2001 and we applied for H1B and we got an approval which was valid until Oct 2006. But, in Mar 2006, due to some personal reasons we applied for COS from H1B to H4 and we got H4 approval which was valid until Aug 27, 2006. Before the expiry of H4 status in August 2006, we decided to apply for H1B and since her H1B was valid until Oct 2006, our attorney applied for H1B under I-539 and they didn't apply for H4 extension simultaneously. Meanwhile, while the H1B was in process, we applied for premium processing later which added few problems. We got an RFE on this case and our attorney answered it by sending appropriate docs but again we got a second RFE which is not answered yet.
Right now she is out of status and also, what will happen if her H1 is rejected and is it possible to apply for H4 right now, since it was expired in Aug 2006. If her H1 is rejected, can we apply for H4 even though her H4 was expired few months back or she has leave the country. Please help us out.
Thanks & Regards,
-- Venkat
2010 True Blood is only two
user1205
09-05 12:05 PM
From http://www.immigration-law.com/Canada.html
List of Witnesses To Testify at House Judiciary Immigration Subcommittee Hearing Tomorrow
The list:
Congressman Jeff Flake, R-AZ, co-sponsor of STRIVE Act of 2007
Congressman Joe Beca, D-CA
Congressman Ray Lahood, R-CA
Congessman Brian Bilbray, R-CA
Tony Wasilewsi, Small Business Owner, Schiller Park, IL
Eduardo Gonzalez, U.S. Navy Petty Officer Second Class, Jacsonville, FL
Rev. Luis Cortes, Jr., President Esperanza USA
Joshua Hoyt, Executive Director Illinois Coalition for Immigrant & Refugee Rights
Cassandra Q. Butts, Sr. Vice President for Domestic Policy Center for American Progress
David Lizarraga, Chirman of U.S. Hispanic Chamber of Commerce
Julie Kirchner, Director of Government Relations Federation of American Immigration Reform
Corey Stewart, Chairman At-Large, William County Board of Supervisors, FL
The list indicates that the skilled worker immigrant worker community is not well represented in this hearing. We will post the text of the testimony as soon as it becomes available.
List of Witnesses To Testify at House Judiciary Immigration Subcommittee Hearing Tomorrow
The list:
Congressman Jeff Flake, R-AZ, co-sponsor of STRIVE Act of 2007
Congressman Joe Beca, D-CA
Congressman Ray Lahood, R-CA
Congessman Brian Bilbray, R-CA
Tony Wasilewsi, Small Business Owner, Schiller Park, IL
Eduardo Gonzalez, U.S. Navy Petty Officer Second Class, Jacsonville, FL
Rev. Luis Cortes, Jr., President Esperanza USA
Joshua Hoyt, Executive Director Illinois Coalition for Immigrant & Refugee Rights
Cassandra Q. Butts, Sr. Vice President for Domestic Policy Center for American Progress
David Lizarraga, Chirman of U.S. Hispanic Chamber of Commerce
Julie Kirchner, Director of Government Relations Federation of American Immigration Reform
Corey Stewart, Chairman At-Large, William County Board of Supervisors, FL
The list indicates that the skilled worker immigrant worker community is not well represented in this hearing. We will post the text of the testimony as soon as it becomes available.
more...
webm
06-12 01:36 PM
Can someone confirm that if you file I-485 with old fee system and pay for the new fee when you renew EAD and AP, do you still need to pay again on your 2nd time renewal ?
I paid 765 (EAD) - $ 340 and I 131 Advance Parole - $ 305
---------------------
485 filer- June '2007
I paid 765 (EAD) - $ 340 and I 131 Advance Parole - $ 305
---------------------
485 filer- June '2007
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trueguy
08-11 12:19 AM
Bump
more...
ivar
11-05 10:01 AM
Case resolved!!
All is well that ends well. Well my case got reopened, new RFE sent, and case is approved once the RFE resposne is submitted.
Reason given for the denial of the case is abadonded RFE, even though no RFE was sent in the first place.
Good to hear that you got your approval. Very few people come back and give update about their case. Thanks for updating IV about the final result.
All is well that ends well. Well my case got reopened, new RFE sent, and case is approved once the RFE resposne is submitted.
Reason given for the denial of the case is abadonded RFE, even though no RFE was sent in the first place.
Good to hear that you got your approval. Very few people come back and give update about their case. Thanks for updating IV about the final result.
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ajay
09-17 08:31 AM
I also was in the same situation when I came back from India and used AP.
more...
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bmeduru11
02-18 11:43 AM
Hi all,
I started working with a company in July 2006 and applied for I-140 in Nov 2006 with an existing labor of Nov 2004. My company is in losses all the time but I am getting more than proffered wage since I joined. Recently I received Intent to deny notice as there is no evidence that company can pay my in 2005. My attorney has replied for Intent to Deny notice and also applied for new I -140 using my own labor.
New I-140 got approved. I send a request for Interfiling to take out old I-140 from my 485 and use the approved I-140. when I checked the status of my case yesterday - both my old I-40 and 485 got denied. I didn't receive Denial notice yet.
Please suggest my any options I have for not losing I-485 and EAD.
I started working with a company in July 2006 and applied for I-140 in Nov 2006 with an existing labor of Nov 2004. My company is in losses all the time but I am getting more than proffered wage since I joined. Recently I received Intent to deny notice as there is no evidence that company can pay my in 2005. My attorney has replied for Intent to Deny notice and also applied for new I -140 using my own labor.
New I-140 got approved. I send a request for Interfiling to take out old I-140 from my 485 and use the approved I-140. when I checked the status of my case yesterday - both my old I-40 and 485 got denied. I didn't receive Denial notice yet.
Please suggest my any options I have for not losing I-485 and EAD.
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ggc
10-18 03:44 PM
Thank you all for your replies.
My attorney is in NY, he said he cannot come to CA for my interview.
Can I take a local attorney just for the interview purpose?
And we have a 1 year old kid, can we take kid to the interview?
My attorney is in NY, he said he cannot come to CA for my interview.
Can I take a local attorney just for the interview purpose?
And we have a 1 year old kid, can we take kid to the interview?
more...
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GCNOMAD
03-07 01:58 PM
Just a quick comment on S4165504 reply based on my experiences that I posted before on the same thread.
The airport immigration counter or the CPB offices can correct only the mistakes from their side, and that too only within 2 or 3 days. But for cases where the I-94 expired, they dont consider it as a mistake on their side and immediately ask you to leave.
In fact, for my case when I called the LA airport immigration counter office, they adviced me that I can only go to the CPB office in downtown for any corrections and cannot come to the airport office.
Regards
The airport immigration counter or the CPB offices can correct only the mistakes from their side, and that too only within 2 or 3 days. But for cases where the I-94 expired, they dont consider it as a mistake on their side and immediately ask you to leave.
In fact, for my case when I called the LA airport immigration counter office, they adviced me that I can only go to the CPB office in downtown for any corrections and cannot come to the airport office.
Regards
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mheggade
05-08 03:15 PM
My opinion:
Well, can the Java Programmer walk the ramp and pull it off like a professional model? Their work is a lot harder than it appears on the outside taking into account the success rate among models. Considering that even school kids can write excellent java programs, if we still want to consider the Java programmer as "highly skilled", then so are models.
Giselle Bundchen is worth half a billion dollars or somewhere in that range.
Btw, I am in the programming line myself in case someone thinks I have a problem with programmers. But I wouldn't mind swapping places with a successful model ;)
Well I agree that professional modeling work is lot harder than it appears.
<sarcasm> And I am also sure school kids can write excellent java programs , if the requirement is to write a Hello World programme.</sarcasm>
Btw , I work in Java technology and My view is Genuine Java programmer's are "highly skilled".
Well, can the Java Programmer walk the ramp and pull it off like a professional model? Their work is a lot harder than it appears on the outside taking into account the success rate among models. Considering that even school kids can write excellent java programs, if we still want to consider the Java programmer as "highly skilled", then so are models.
Giselle Bundchen is worth half a billion dollars or somewhere in that range.
Btw, I am in the programming line myself in case someone thinks I have a problem with programmers. But I wouldn't mind swapping places with a successful model ;)
Well I agree that professional modeling work is lot harder than it appears.
<sarcasm> And I am also sure school kids can write excellent java programs , if the requirement is to write a Hello World programme.</sarcasm>
Btw , I work in Java technology and My view is Genuine Java programmer's are "highly skilled".
more...
makeup of “True Blood” Season 4
Alien
03-28 11:04 AM
I think IV should stay focussed with what they are doing right now. This is a non-profit forum with a purpose and lets let it be that way.
We can probably make it more expansive as we get more volunteers to moderate the forum but with whats going on right now,we should let the core members focus on what they are doing.
I strongly agree with Berkleybee that this aint a one-stop shop.There is a danger of core issues getting diluted.
We can probably make it more expansive as we get more volunteers to moderate the forum but with whats going on right now,we should let the core members focus on what they are doing.
I strongly agree with Berkleybee that this aint a one-stop shop.There is a danger of core issues getting diluted.
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ram_ram
02-11 09:00 PM
My situation would answer your questions.
My passport expiry date is Apr 14, 2007. I came back from India after a vacation on Jan 21 2007. My H1-B extension is valid until sep 1 2007.
The immigration officer at the POE stopped me and said he would not allow me in since my passport is not even valid for 6 months. I argued with him saying I can renew it at the embassy in 1 day, if i go in person and am planning to do that. He disagreed and called his supervisor. Somehow his supervisor referred some rule book and said India is in some Club and so I should be allowed inside with a I-94 marked as VOPP. So the officer issued me a I-94 until Apr 4+10 days which is my passport expiry date. Now I applied for my passport renewal and then I should apply for a H1-B extension.
Thanks.
Thank you tdasara, I hope mine works out the same way as yours. Could you tell me when this took place, and also how much gap there was between your passport expiry and H1 visa expiry dates?
One of my best friends had something similar happen to her, but her passport is set to expire just two months ahead of her I-94/H1 expiration date. I wonder if the fact that it was just two months apart made a difference to the officer when he decided on her I-94 date. As you know, in my case, my current passport will expire two years before my H-1.
msp1976, I found out that it would take at least a month to get a new passport (is this right?), and I did not have time for it. I'll be sure to post my experience here.
Thank you!
My passport expiry date is Apr 14, 2007. I came back from India after a vacation on Jan 21 2007. My H1-B extension is valid until sep 1 2007.
The immigration officer at the POE stopped me and said he would not allow me in since my passport is not even valid for 6 months. I argued with him saying I can renew it at the embassy in 1 day, if i go in person and am planning to do that. He disagreed and called his supervisor. Somehow his supervisor referred some rule book and said India is in some Club and so I should be allowed inside with a I-94 marked as VOPP. So the officer issued me a I-94 until Apr 4+10 days which is my passport expiry date. Now I applied for my passport renewal and then I should apply for a H1-B extension.
Thanks.
Thank you tdasara, I hope mine works out the same way as yours. Could you tell me when this took place, and also how much gap there was between your passport expiry and H1 visa expiry dates?
One of my best friends had something similar happen to her, but her passport is set to expire just two months ahead of her I-94/H1 expiration date. I wonder if the fact that it was just two months apart made a difference to the officer when he decided on her I-94 date. As you know, in my case, my current passport will expire two years before my H-1.
msp1976, I found out that it would take at least a month to get a new passport (is this right?), and I did not have time for it. I'll be sure to post my experience here.
Thank you!
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kartikiran
12-03 02:40 PM
Here is what I am going through.
On November 17th night I received the news that my father died. Since I did not have AP, I had submitted the AP applicatoin online that night and called the USCIS the next day morning. They bumped up the request to extreme emergency and said that some one will contact me. Since I didnt receive any call for a couple of hours I tried followup a couple of times with USCIS and no one was ready to help except for the standard statement that some one will contact me in 5 days. Then I went to the local office in Chicago, where they said that since the people who who work on AP have already left(it was 3 PM), they will give the AP the next day. I went the next day morninig but the front desk person called the Nebraska office and spoke to them for a while and said that the supervisor has my case infront of him and he will make a decision very soon and I was asked have some patience. It is December 2nd now and I am still waitng for their decision.
I have not seen my father in 5 years and couldnt see him for the last time because my stupidity in not applying for the AP in advance and the USICS's apathy.
Please take this as a lesson and have the AP applied ASAP.
I understand how tough it is to go through what you are going through. I know how it feels when a parent passes away and we are miles away from them.
I wish you had got your document before. But try calling the congressman/woman for more help on this. I understand the time has passed when your presence was desperately needed, but you still can visit home and be that pillar of support or a shoulder to cry on for your family members.
Take Care.
On November 17th night I received the news that my father died. Since I did not have AP, I had submitted the AP applicatoin online that night and called the USCIS the next day morning. They bumped up the request to extreme emergency and said that some one will contact me. Since I didnt receive any call for a couple of hours I tried followup a couple of times with USCIS and no one was ready to help except for the standard statement that some one will contact me in 5 days. Then I went to the local office in Chicago, where they said that since the people who who work on AP have already left(it was 3 PM), they will give the AP the next day. I went the next day morninig but the front desk person called the Nebraska office and spoke to them for a while and said that the supervisor has my case infront of him and he will make a decision very soon and I was asked have some patience. It is December 2nd now and I am still waitng for their decision.
I have not seen my father in 5 years and couldnt see him for the last time because my stupidity in not applying for the AP in advance and the USICS's apathy.
Please take this as a lesson and have the AP applied ASAP.
I understand how tough it is to go through what you are going through. I know how it feels when a parent passes away and we are miles away from them.
I wish you had got your document before. But try calling the congressman/woman for more help on this. I understand the time has passed when your presence was desperately needed, but you still can visit home and be that pillar of support or a shoulder to cry on for your family members.
Take Care.
yabadaba
12-12 12:45 PM
why dont y'all come to Atlanta. have lunch at Sarvana bhavan and do some grocery shopping too....we could club that with a GA chapter meeting
friend99
10-09 04:57 PM
Hi,
It is not money issue but if I send the new fee they might reject saying it should be old! So i just wanted to be sure! Thanks for the replies!
It is not money issue but if I send the new fee they might reject saying it should be old! So i just wanted to be sure! Thanks for the replies!
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