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gc28262

02-10 11:06 AM

When using AC21, In case of RFE on I1485, do we need to have a copy of approved I-140 ?

Or is the receipt number enough ?

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plassey

08-19 05:54 PM

Unless, people realize that it is in their interest to spread this grass root effort it is all futile. Do you guys really think that distributing fliers by four guys at the parade is going to make a difference.
Though I really commend what these guys did and they were truly heroes but if I were them, then based on the turn out (only 4 people) I would have decided to go back.
After all, these were not doing only for themselves but for every one else too.

What a pitty! :mad:

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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..

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kmdhar

09-19 11:08 AM

You can enter back into USA as long as your visa is valid in your passport(even on the day of expiry) and also you already got the extension, so that should not be a problem for you. But you cannot enter in to US just with your extension approval.
To get stamped in India, you will be able to get Emergency Appt but you have to prove your emergency situation.

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rameshvaid

08-16 12:26 PM

Hi,

I am currently holding L1 and B1 visa from a company A. Now some company B has applied for my H1 Visa. If I get H1b visa, does both L1 and B1 get cancelled.

Thanks.

My son was on B1 and then on H4. B1 was stamped in 2000 for 10 years. He was with me in US for 4 years and had 1 stamping of H4 in his passport after 2000. He moved to Canada in 2005 but still visits me on B1 which was issued to him before his H4 stamping and B1 was never cancelled. I am not sure about L1..

RV

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larmani

08-14 12:30 AM

Whatever my Lawyer has done , has not worked so far, I guess he sent copies of both I140's and a letter requesting to use the EB3 PD with the EB2 case.

My lawyer also done the same thing. However, TSC sent a reply back saying contact National Service Center.

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uslegals

12-21 12:04 PM

Thanks Guys.! this is really, really helpful. Appreciate your advice.!!

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irrational

06-18 08:28 PM

My I-486 Receipt Notice was lost in mail. So I don't have the Receipt notice to send.

This is for an EAD Renewal.

Is it ok if I don't send the I-485 Receipt copy ?

-Bipin

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raysaikat

08-28 05:09 AM

Hello,

I am currently under H1-B status, and have received a visa stamp at the embassy in my home country. But my H1B visa is going to expire on September 30, 2007 and I have taken a long break for my health problem from my "current" employer since last year December. Now I am in my home country. Recently a US law firm wants me to work for them and starts to line up an interview for me. What's possible result of my H1B status and what's your suggestion? Thank you very much~~
Sonia

You need to get another H1-B from the new employer. You will not be subjected to quota. Otherwise there is no issue since you are in your home country.

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ameryki

06-27 04:05 PM

I got the e-mail that card prodn. is ordered. Not sure if i'll get one year or 2 years EAD renewal now. I filed in Nebraska center. I called USCIS and asked them but they are not sure either.. I hate to miss out of 2 yr EAD just 'cos it got approved today but not Monday. Is there any way to appeal for a 2 yr EAD ????

I think it is 2 years for approvals that occur after June 30th. Which means yours might be a 1 year deal

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kumsoft

07-02 03:04 PM

Dear Follow member,
Our inability to apply for I-485 due to unethical behavior of USCIS is not covered by any major news channel. I searched in google and looked up all major news web site, non has this news. When all these news channels can cover illegal immigrations, why cant they have some space for legal immigration. We are legal immigrants, shouldnt be afraid of anything. We pay a lot of taxes and we dont diserve this 3rd rated treatment. So go call every major news channel in your local area and request them to cover this news. I called Fox10, ABS15 & AZ Republic in Phoenix area. Spread this news and create awareness and we should be able to get justice.

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piyu7444

09-15 11:56 AM

Hello,

My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.

1: I assume this should not impact me from filing a joint return. Am I right ?

2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.

3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.

Thanks in advance.

For point # 3 you can always tell USCIS that she joined the company in Nov 2007. It is not required to join the co. on Oct 1 although one gets converted to h1b from h4 when you change status in US. There is something like late joining also hence no pay !

Obviously the employer should have paid her but if she is working thru a desi firm I would understand what would be the case......

I do not think this will impact your 485 as long as you have pay chqs. coming for her in continuation thereafter and w-2 for 2008 meets the Amount on h1b LCA. USCIS will generally look for w-2 and might ask for recent pay stubs.

I have been interviewed for 485 (random pick) and they did not care to look at my pay stub even when I asked them to.........

Ensure that w-2 has the correct numbers else it can be trouble.

Consult a lawyer as all the above is my experience and limited knowledge.......

Hope it helps!!

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crazyghoda

04-29 10:27 AM

Filing the application to port as seperate after the 140 is approved assures the attorney & the employer of of 2 things:
1. The attorney gets more money for filing a seperate application.
2. The employer gets to keep you tied down longer since its likely that the USCIS wont know what to do when a seperate application is filed just to port the date. Its not a documented procedure (that I am aware of) in that you have to file Form I-xxx or whatever.

Best to port the PD at the time of filing the 140.

Disclaimer: I am EB3 and I havent tried porting my date to EB2. Just using my basic common sense.

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calboy78

08-10 07:16 PM

Sorry, I did not phrase it properly. Apologize.

The previous post was so frustrated because EB3 is unavailable. So I was trying to say, in his point of view, it would have been a different case if the PD is somewhere around 2005/2006/current, may be he would have been ok with the Bachelor's degree.

What I was trying to emphasize is - Many a times (not always) employers don't create job position with proper requirement and that causes employee to go in EB3.

I was hired for a position that required Masters and I fortunately was in EB2, but a colleague of mine, who is doing the similar work, was put in EB3 because his manager created the position with a requirement of Bachelors. He had a Master's degree. Here employee suffered because of his manager's ignorance however USCIS is messing up on top of that. EB3 is an umbrella category for many kind of workers...including those who don't even require a Bachelor's. Probably those people should be in a new category EB4 ...at least this will help EB3 with Bachelor's degree move forward.

Another thing is - Some people (not in this particular thread) don't care much about EB3 people and some are even thinking of filing lawsuit against interfile (so that people can't switch from EB3 to EB2). IMHO, these people need to change their opinion. If we fight among ourselves instead of against bad laws, we will be doomed. United we stand, divided we fall !!

The bottom line is - we are aware of the problems; we just need to support IV to fight against these problems.

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smsthss

11-15 01:18 PM

In other words, Does it matter whether I-485 is filed or not filed for a 3 year h1b extension based on approved I-140.

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kumar_77

08-01 11:16 AM

Hello Core Members ,

We are seeing that some applications are being returned by USCIS mail room people , for improper fees and missing forms . This looks to be a very bit issue for people who have filed the cases , during July . Its possible that the filers may have made any mistake or this can be a mistake of Mail room People too due to huge volume of applications they have received . During Normal process every one had a fair chance of applying again with in the current month or many times even the preceding months. This is definitely not the case this time. If some case is rejected after Aug 17, they will not be able to file I 485 for Years . Can any of the core members suggest a way to contact the USCIS or DHS people and get some relief from this , and allow to re file the I 485 .

Thanks
Kumar

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quizzer

07-05 09:52 PM

Anything is possible with USCIS!!!

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hibworker

03-21 11:04 AM

I thought that manager control rule is for L1 visa, where consultant must work only at direct client site.

It is part of new employer - employee relationship memo. One of my friends has been working for 3 yrs at US Company via 2 layers of vendors. He went for stamping at Delhi 2 months ago. During the interview he was told that his visa has been approved - however a week later his passport arrived with visa denied.

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GCard_Dream

11-30 09:39 PM

Some of you here know the immigration law much better than I do and I just have a quick question on the "ability to file 485" issue. When congress passes a law, not every little detail is spelled out and it's left up to the related government agency/department to implement/interpret the law and spell out every single implementation detail. Having said that, is the "Ability to file 485 only when PD is current" actually spelled out in the law or is it something how USCIS decided to implement the law? If the later is true, shouldn�t we try to convince USCIS to let everyone file I-485 regardless of the PD. I mean it�s a win-win situation. USCIS gets more revenue because you now have to renew your EAD every year and most of us will be very happy because we can make career/employer changes as necessary.

The reason I ask is because it makes a lot of difference for lot of folks in terms of their own career advancement as well as spouse�s career.

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mchundi

12-16 06:26 PM

The numbers for 2005 were released in jan 06. They were discussed then in this forum.
http://immigrationvoice.org/forum/showthread.php?t=78
Please post the links when ever they release the numbers for the fiscal year 2006.

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krustycat

10-31 03:03 PM

Still the same, they are telling me the same story.
Wait, wait and wait. That's all.

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Since1997

08-13 11:02 AM

Here is the update we were expecting to see on Aug 10th and now available (be first one to see): http://www.uscis.gov/files/pressrelease/ReceiptingTimes081007.pdf

I-140(8/3) I-485(8/3)
NSC 7/1 7/1
TSC 7/30 6/26

I-140(8/10) I-485(8/10)
NSC 7/1 7/1
TSC 7/31 6/28

NSC no progress at all
TSC 1day for I-140 & 2days fro I-485

PS: None of the centers entered in Jul 2nd....can't imagine the delays after they enter Jul 2nd....mass number of applications....

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Singer

10-21 11:06 PM

I am a vocalist based in the US for the last 13 years. I have performed around the world at World music festivals, television shows, radios, various clubs, private events, for stars like P... S.... and D.... B.... and for organizations such as UN, UNESCO, UNDP, NDI, Schomburg Center, etc.I have always been legal and on several P1/O1 artist visas), I have applied on December 2006 for a EB1-EA green card

On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.

When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!

We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.

In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.

The AAO decision granted me all that was in their power to give.

1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.

2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.

3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.

4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.

5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".

6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"

7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.

So the AAO�s office sent back my file to the Nebraska Service Center.
Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�

That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.

Remember that in May 2009 they have said that the green cards would be sent�
We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)

October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
Another ridiculous thing.
1-I am the petitioner, not my husband.
2-They should adjudicate my case first, not my husband�s!
3-my case is still pending no decision made on it�

At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.

I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa

Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.

Please somebody in this forum answers me. What should I do? Please help!

Thank you.

Singer

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The epicenter of the quake was

helpfriends

04-16 01:22 PM

they entered on a green form and no, it is not attached to the L1A Petition approval. So, they can just leave and then get stamped coming back in?

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sledge_hammer

06-09 05:25 PM

By "have not run payroll since last 6 months," if you mean you were on "bench", then you are already out of status. You have more important things to worry about than your I-140 denial, like making sure you have a job, and you're getting paid!

I'm sure you already know, but I'm going to say it again anyway - if you are here on H-1B, then you need to be working, and getting paid for it. There is no such thing as "bench" time.

You must be working for one of those bodyshops that don't pay you when you're not on a project. If you did not have projects, your employer should have still paid your salary, or terminated your employment. Find out from your employer if he has sent a H-1B cancellation request to USCIS. Finally, get your employer to pay you for the 6 months. If he refuses, then file a complaint with DOL.

Hi,
I just came to know from uscis website that my I140 is denied. I have not received any documents from uscis as my name is in beneficiary. It will goto my employer. Than If he respond than I will know.
I am currently on 7th year of h1 extension and having 2 weeks left on my h1. (22 june 2009)
Not on project rightnow and have not run payroll since last 6 months.
My employer is not responding to any of my emails and phone calls since 1 month.

GC Filed: march 2005 in traditional process (not in PERM) EB3
Labor approved : june 2006
I140 filed: Nov 2007 - Denied end of may 2009.

1) What are my options ?
2) Can I use my current approved labor to get extension in new company after h1 transfer?
3) If I transfer my h1 to another company, what about next year h1 extension? if company does not file GC at the time of h1 transfer. does 365 days rule apply in that ?

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FredG

March 3rd, 2004, 08:18 PM

It's photoshop magic. Just create a 22.5 degree slice, dup it to 2 and position, dup that to 4 and position, dup that to 8 and position, crop to a circle and voila, kaleidoscope. It really was derived from Fretnomore's posted shot.
Fred

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flex

10-02 02:43 PM

Oh. What game project?

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Sakthisagar

12-01 02:44 PM

Issues facing the 2010 lame-duck session of Congress - The Washington Post (http://www.washingtonpost.com/wp-srv/politics/lameduck/index.html)

1. Tax cuts
The most pressing issue in the lame-duck Congress sounds, at first glance, like a typo.

The federal government spends more money than it takes in. The two parties both agree that this is bad. Here�s what they can�t agree on: How much less should the government take in, in the years to come?

The debate is about income tax cuts, passed under President George W. Bush, which are due to expire Dec. 31. If that happens, a single person earning $46,000 a year might see his or her taxes jump $400, according to the nonprofit Tax Policy Center. A married couple earning a total of $440,000, on the other hand, might see an increase of $20,000.

Most Democrats want to extend tax cuts covering up to the first $250,000 that a family earns in a year. Republican leaders want to keep all the tax cuts, including those on income above $250,000. In a recession, they say, it doesn�t make sense to cut anyone�s taxes.

Congress and the president could agree to a temporary truce, extending all the tax cuts for a few years only. Or, as some Democrats have suggested recently, they could agree to keep tax cuts on incomes less than $1 million.


2. The New START treaty
The point of this U.S.-Russia treaty, signed but not yet ratified, is to continue the slow nuclear stand-down that has followed the Cold War. The two nations would agree to cut deployed long-range nuclear weapons by up to 30 percent and to allow each other to inspect the remaining stockpiles.

The prevention of nuclear armageddon still enjoys wide support on Capitol Hill.

But this treaty does not.

New START must be ratified by two-thirds of the Senate. That was no problem for two past treaties: the first Strategic Arms Reduction Treaty, signed in 1992 by President George H.W. Bush, and the �Moscow Treaty,� signed in 2003 by President George W. Bush.

But now, Sen. John Kyl (Ariz.), the chamber�s second-ranking Republican, has held up the treaty�s passage. Kyl has said he wants more guarantees that the government will properly maintain the nuclear weapons that remain. He also thinks that the lame-duck session is too short a time to consider the issue.

The White House is now trying to work around Kyl to win over nine other Republican. If it can�t, there will be more Republicans � and perhaps more support for denying Obama a foreign policy win � in January.


3. �Don�t ask, don�t tell�
This 17-year-old rule, which bars gay men and lesbians from serving openly in the military, has been under attack all year. This fall, a federal judge ruled the ban unconstitutional and ordered it scrapped. A higher court reinstated the ban while it considers the matter on appeal.

And on Tuesday, a Pentagon report concluded that ending the ban would pose a low risk to military readiness. Defense Secretary Robert M. Gates said that the repeal of the rule �should be done.�

But �don�t ask, don�t tell� isn�t dead yet and could outlive the lame-duck session.

Senate Majority Leader Harry M. Reid (D-Nev.) could bring it up for a vote on the floor this month. But the ascendant GOP is in no mood to cooperate. Sen. John McCain (R-Ariz.) says he�s still worried about the effect on morale, and other Republican leaders say the whole issue is a distraction from their top priority � job creation.


4. The �Continuing resolution�
A continuing resolution (known in Hill jargon as a �CR�) is a bill that�s introduced when Congress can�t agree on a full budget for the federal government.

Instead, it passes a bill to temporarily �continue� funding federal agencies at their present rates.

Congress must pass a new continuing resolution before Friday. If it doesn�t, the government will shut down � as it did in 1995 during a budget showdown between President Bill Clinton and congressional Republicans.

The sticking point is Republican demands to shrink federal spending back to 2008 levels. But a shutdown still seems unlikely; while a lot of voters want smaller government, very few seem to want no government.

Signs from the Hill indicate legislators will beat Friday�s deadline and pass a resolution good for another few weeks, at least.


5. Unemployment benefits
Another looming deadline. On Tuesday, emergency unemployment insurance � he federal checks given to the jobless � expired. If nothing is done to extend the benefits, advocates say as many as 3 million people will see their checks cut off by the end of January.

Some Republicans have voiced concerns about the high cost of these benefits. In the middle of last month, the House failed to approve a plan to extend them, with all but 11 Democrats voting for it and all but 21 Republicans voting against it.


6. Childhood nutrition
On Wednesday, House Democratic leaders plan to call a vote that could be a measure of the muscle they�ve got left. At issue: a bill that would feed schoolchildren better food.

If they can�t win on that, it could be a long month.

The bill is intended to give more poor children access to subsidized meals at school. It also would improve the quality of those meals and give more federal money to school districts that comply with higher nutrition standards.

�Kids that have food insecurity learn at a slower rate than their peers,� House Speaker Nancy Pelosi (D-Calif.) told reporters Tuesday. �Food insecurity� is Washington-speak for �hunger.�

The bill passed the Senate unanimously. But it will face some Republican opposition in the House from members who say it will impose more costs on struggling school systems.


7. The DREAM Act
This bill is aimed at illegal immigrants who came to this country as children. If they go to college or join the military as adults, it would give them a chance to obtain legal residency.

As attitudes toward illegal immigrants have hardened, support for the bill has collapsed among Republicans and many Democrats. To them, it looks like a kind of amnesty for lawbreakers.

On Tuesday, Reid could promise only a �test vote� on the issue: he would bring the issue to the Senate floor, and take his chances. The implicit message was that Reid might lose � but lose in a way that showed Hispanic voters he was trying.

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fcres

07-24 02:42 PM

Hello Guys,
My attorney send I485,AP, EAD application to USCIS with my present passport. This passport expires on August 08, 2007. Will there be any problems for this? Please let me know. Thanks......

Since you already applied there is nothing you can do other than renewing your passport. Try to do emergency renewal.
My lawyer asked me to renew PP to be on the safe side before we filed my AOS.

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aruny5

10-26 05:05 PM

My wife called Air France and France's Atlanta consulate. She will be requiring Airport Transit Visa B.

She will have to mail her original and one copy of passport and I 20 form with $ 86 Visa fee for Airport Transit Visa and an Express mail self address envelope.

Also Air France is going charge $ 50 each for extra bag after first (I received a mail about baggage fee after booking my ticket).

I will never again travel with Air France, British Airway and Lufthance even after geting GC. Today these three airlines lost a customer for life.

These three airlines don't need desi's business.:mad:

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Kobe, Japan (1995)

billbuff123

10-24 03:46 PM

Can you please suggest any good lawer for this. I talked to my lawer but he said I have to wait for the dates to be current
Thanks,

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justin150377

07-01 06:14 PM

Can you reveal the userid in the reults .....i would like to see who ever voted to support infact have their profiles updated::rolleyes:

I can't find the option to do this even though I created the thread, if a moderator reads this please allow users to view the users voting in the poll. You bring up a good point, if there is transparency in the law suit there might as well be transparency now.

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paskal

05-30 08:46 PM

ramus

how do i know whether the webfax i sent went only to my state or to all senators with the new method? when did the system change?

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jonty_11

06-28 12:22 PM

What is IV core plan now that CIR is dead, are we going to pursue our agendas separately from the CIR now..?

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Sakthisagar

11-09 01:41 PM

I am sure many of you would agree with the below observations -

I lost money in the 2001 stock market because I believed that the market could never down based on all the glorious research reports..

I lost money again in 2005 as I bought a house believing that a house value can only go up, again reading all the real estate boom that was happening around.

Now, I keep reading that the Indian market is oh-so good that everyone should go back to India to live in the villas and ride around in the chauffeured cars:)

Hmm, as always, I have been the last one to get on the boat before it went under. So, with all pun intended, what Indian ETF should I start investing and when should I buy my one-way ticket :rolleyes:

As my mom always says - Mountains always look smooth from a distance. This time I think I will stay put and wait it out for my GC..


Good one, I gave you green for this :D If US is no more attractive, then no one see the queue and hue created outside the consulate just for a Visa interview. If any one repeates in media 1000 times that infosys is not a "Chop Shop" it will never come out that way.:)

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everonh1

07-22 12:32 PM

What is the basis for applying an interim EAD??
Can anyone who has not received EAD apply after 90 days without any specific reason to be stated??

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cox

October 23rd, 2005, 12:32 AM

Sounds good to me. QJ?? Anyone else?

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cheg

08-21 03:15 PM

I think you're okay. Hopefully USCIS made a note in their system when your application was first sent and you just needed to correct something. Did you ask your lawyer what he thinks will happen?

Gurus,
I need help please!

My employer applied for my H1B renewal very close to the expiration of my first H1B and I was told today that they got back the application becuase they made a mistake on the check. unfortunalty, they got back the application after my first H1B expired. They sent back the application with the right check and we have not heard anything yet. Am I ok or am I in a big trouble? Please, help! Thank you all.

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validIV

04-27 02:29 PM

You might be denied based on the 365 days rule. When was your labor filed?

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gctex

07-01 11:52 PM

Hi all,

In her passport, my wife's name appears as follows :

Given name = <blank>
Surname = <First name> <Last Name>

Now visa stamping has this :

Given Name = FNU
Surname = <First name> <Last Name>

We are filing I-485 this week and in all the forms we were thinking of giving :

Given Name = <First name>
Surname = <Last Name>

At the same time initiating a Name Split in the passport. Is it advisable to have name split in passport while I-485 is in process?.

There is actually no "name change" per se. Just splitting it and putting it under the correct first and last names. If we file it using FNU, then all her records like DL, SSN, EAD, AP & then GC all will be starting with FNU, which is what we want to avoid.

The ideal way would've been to split the name in passport first and then file it, but we are afraid we could get stuck with retrogression again, if the process gets delayed! :confused:

Please advise !

Thanx

-Gctex

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anuh1

03-25 03:29 PM

I also said the same thing. If he didnt go for vacation how can he file before one year left on his H1B?

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priderock

09-01 05:51 PM

Congratulations to those who got the "Card Production Ordered" email. Could you guys share if you had to go through a second finger print

No second FP for me. first one in 2007. I had the very same question before. I gather that they are renewing the old FPs.

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images “American Idol” television

The final two quot;American Idolquot;

andy_8214

09-15 07:52 PM

Chandu keeps opening the threads and keeps talking to himself....he is so lonely.

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sathishkrish

05-19 08:05 PM

There is so much to read about the happenings around this topic. How are we faring so far? Thank you for all the hard work!

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leoindiano

03-25 01:55 PM

my and my current visa status
I140 application was approved on may 2008 and the reciept no linxxxxxxxxxxxx

Please remove the number

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pd052009

12-09 09:40 AM

Anybody knows, if the visa recapture included in the dream act?
AFAIK, Current version does NOT have visa recapture in it.

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crazyAbtUS

11-24 02:23 PM

Hi All

I have a question regarding visitors visa, my parents got multiple Entry 10 years visa in 2007, but have not visited me so far, but this december my Mom is visitng me and in Feb my father( as to avoid harsh winter weather in East Coast), they will leave back in May 2009.

My Question is will there be any issue as their visa was issued in 2007 but they are visiting now

Do I need to send any new documents( I have moved onto EAD )

Looking forward to hear suggestions.

Hi .. a quick personal experience with a similar scenario.. My Mom visited after 3 yrs of travel visa issual.. at the port of entry the imm officer asked her for the intent of visit and also asked how long she intended to stay..no other questions

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roseball

04-24 08:56 AM

Since your I-94s are already expired, I would advise to talk to your attorney asap and follow his advise....Do not rely on a forum to get suggestions on a time sensitive situation...

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HOPE_GC_SOON

07-19 08:43 AM

Hi Leoindiano:

What is meant by Pre-Adjudication and how do we know that, our case is Pre-Adjudicated. Sorry to ask you this qn. specifically, as I amnot seeing any LUDs on my case, and my para-legal says, dont worry.

my case details are PD10/05 EB2 I, RD 07/02/07 and ND 08/30/07 at TSC.

Can you enlighten us little bit more.

From , it appears that most people got their GC's without any LUD's. May be most cases are preadjucated and there will be only one final status change.

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jonty_11

02-05 01:44 PM

I guess the old labor will be invalid by now as it has been already been over 45 after approval.
Ask a lawyer, because due to this labor substitution rule now you might have a problem. (" A GOOD LAWYER IS A SOLUTION HERE")

What do you mean by how can you bear the expenses. What a ?
Do what your company A is asking. I don't think that company A would file it for free.

Give it out of your pocket, that is how you bear it, work at a gas station, 7 eleven if you have to make more money to give him
Is the 45 day approved labor validity Rule already in place?

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techskill

01-04 12:19 PM

Hi,

Can someone please tell me the entire process involved to bring parents to U.S as Visitors.I know few things but am very confused about the documents we need to send and needed application forms .

I went through vfs site for required documentation (I know we should book the interview date through vfs-usa site.)

They mentioned DS-156 and I-134 forms. where to get these forms from?
What are the documents that should be sent from U.S
What about the financial support proof. Should we show specific amount as proof of support for each person visiting?

Please Advise.
Thank you.


For the DS-156 and I-134 forms you can download it from travel.state.gov.

List of reqd docs from US:

Couple months of your paytubs
Last 2 years of W2.
Full Passport copy.
Employment letter.
Bank statements showing the balance (from the date account is opened).
your status in US( say I 797 approval notice and I 94)

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kondur_007

08-16 06:29 PM

Hello everyone -

I am planning to change my job and would like to seek some advice. I already used AC21 once without informing USCIS, and now would like to do it again. I would like to seek advice on couple of issues:

1. I would like to do this without informing USCIS and worry about a response if and and when I get RFE. However, new employer has E-Verify system. Would them checking my eligibility to work through E-verify make it certain that I would get an RFE for employment verification?? In other words, E-Verify tells USCIS that one has changed employment? or E-verify and 485 have no connection?

2. My new job is in the same engineering field; however, there is still a big difference in salary owing to additional managerial duties. Labor was done based on technical responsibilities in engineering field, new job involved technical as well as business responsibilities in the same field. With years going by, I am taking on more and more project/division management experience and that is what the new position would entail.

Original title - Transportation Analyst/Engineer with 55K as salary

New Title - Director of Transportation Systems and Services Engineering with 135K as salary

Based on my research, the job needs to be in the same occupational classification. The original SOC code is 17-2051 - Civil Engineer. The new SOC could be same 17-2051 or could be classified as 11-9140 Architectural and Engineering Managers owing to managerial duties. However, the new job also has technical aspect to it since I will be responsible for sound technical design for the product/services we will prepare.


Can you guys please give your thoughs on these two issues. Thank you in advance for your time and help.

best,


I am not a lawyer, but to the best of my knowledge I can answer as follows:

1. As far as I know, E-verify does not speak with I485 system. Even if it does, it should not be a big deal as you can always reply to the RFE about EVL.

2. Similarity of jobs is a major issue in your case. This needs to be very very carefully evaluated by a good lawyer, as to me (and I am not a lawyer) these two jobs sound totally different. There is a major salary difference that will need to be justified as well. If I were to be you, I will definitely have it evaluated by a good lawyer before making the switch as this can potentially put the entire GC process at risk.

Good Luck.

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java4yogi

09-19 04:20 PM

Thanks for your reply. It does clear up a lot of questions..Now I guess we will be going to the SSN office after Oct. 1st only.

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MyGCPath

10-23 01:51 PM

I have received my Card recently. See my signature for detail information.

I need advice/thoughts from you (Guys/Guru's) on some of the questions below. Any response will be really appreciated.

1. Got my 485 approval and GC (phycical Card) in hand. What is next? Do I need to get a Infopass appointment and get stamped before any abroad travel?

2. Before receiving 485 approval, my wife and kid went on a Vacation(abroad). Their H4 visa expired on passport, but they have h4 extension/approval till 2010? I was thinking of sending them to H4 stamping, but now that I have 485 approval for them, What should I do? Just bring them here and show GC at port of entry? (Ofcourse, I'll take their GC go abroad and bring them back)?

3. Anything i should be aware or concern about these situation?

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JunRN

08-18 01:28 PM

Speculation is always part of one's life. We want to know our future options, that's why we speculate. Some speculations are deduction from facts and some are just inference. We cannot avoid speculating. What we can do is trying to know which speculation is nearer to the truth and which ones are not.

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cchaitu

11-06 02:59 PM

All Guru's

My situation is little different,

I filed my GC from comapany A (with approved I140 ...so far i received all receipts+ EAD+AP), I am working for Company B as a consultant. Now the company B is willing to give me an offer, Since they know my situation they are agreed upon waiting till 180 days. But they are planning giving me offer 181 day. They cant wait longer than that.
But my fear is I don't have copy of my approved I140 with me. I heard from my collegue who works for my Company (A) provides a I140 copy only if they terminate me from the employment (like after certain period on bench - 15days). This is where I am getting nervous. I want to take the employment with Company B using EAD. But I have to be on Bench with company A (H1B) inorder to get my copy of I140.

I have only 2 options:

1) Take the Company B offer and Remain on the Bench for Company A at the same time for certain period to get the I140 copy. - Can I do this because I will be getting pay from New Employer (EAD) and old Employer (H1B) - Does this trigger any issue in future - Is this over lap (15 days) is OK

2) Do not take the Company B offer (but this is very good offer)

Please Guru's if any body gone through this situation please share your thoughts OR Any body please advice. Thanks in Advance

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quot;American Idolquot; 2011

maristella61

04-19 04:04 PM

My PD is now current and i will be filing in May !
My attorney sent me package with all papers to sign and is requesting a letter of approval of my visa of 2001 which I do not have. I only have the approved Visa on the passport (Not the letter):confused. Does anyone know if this could be a problem? Why would they need the letter if we have the original approved Visa on the passport?
Thanks in advance and good luck to all who are still waiting.
:confused:

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urpal

07-15 08:27 PM

I will be coming back on Sept 6th and will share my experiences.

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GC_1000Watt

12-09 05:40 PM

sorry didnt see the last 2 lines of your post starscream....

i will talk to some lawyers and hopefully get some answers.

my company said the appeal will take atleast 6-7 months nowadays...

i can work till then without issues.

Hi Sid,
Can you please share your experience with us. I am sure by now your case has been resolved. Please share information.
Thanks.

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andhrawala

08-23 09:20 PM

Hi overseas,

Thanks for your reply. I also wasted 2 weeks and finally sent my EAD application on Sat'day on Nebraska service as my state OH falls under it's jurisdiction.

At least, we can say that we followed the uscis instructions if we get any query.

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vkxml

11-01 11:19 AM

I filed 485 on July 18 in NSC. I called USCIS on Oct 16 (exactly the 90th day), early in the morning. 1-800-375-5283(1,2,2,6,2,2,1). The lady who picked up said they have introduced a new system to raise a 'Service Request' for those who are waiting for more than 90 days for check clearance. She siad that mine was the first case she was entering into the system. She keyed in my details and gave me a Service Request # and said that an agent will be assigned to my case within two days to look for my application. On Oct 18th, I found that my checks were cleared. But the rec # are not showing on online yet. So, pls call USCIS and raise a service req if you don't see any activity yet, it worked for me, though the rec # s not updated online yet.
I found that my appln was moved from NSC to TSC, as my rec # starts with SRC-08.

God bless u; I have asking them for a Service Request. They do not want to raise any Service Request and asked me to wait.

- VK~XML.

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GoneSouth

01-24 11:07 AM

Get a second opinion from another attorney. Pay a consult fee if you need to. I've had several experiences with attorneys giving me suspicious answers, answers that don't match up with what I've researched, and just plain wrong advice.

If your attorney continues to give you bad / wrong advice, don't be afraid to fire them and get a new one, even if you've paid your fees up front. Avoiding trouble with a bad attorney will be more than worth the price paid for getting a new attorney.

- gs

(not bitter at all, hehe ;-) )

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rajeev_74

12-02 12:52 AM

Are you EB3?

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