Legal
08-15 08:13 AM
USCIS is fishing form I485 application pool, in approvable cases, 2006 cases are nearest and an easy catch.
the more readily reachable boxes are filled with later PDs with a few 2004-5 PDs. The older PD applications are in boxes in storage area. Sounds brutal to those with earlier PDs, but no other rational explanation is forthcoming. This will all work out OK, if they have an accurate estimate of both the pending cases and available GC numbers.
To top it all there is total disconnect between TSC and NSC.
the more readily reachable boxes are filled with later PDs with a few 2004-5 PDs. The older PD applications are in boxes in storage area. Sounds brutal to those with earlier PDs, but no other rational explanation is forthcoming. This will all work out OK, if they have an accurate estimate of both the pending cases and available GC numbers.
To top it all there is total disconnect between TSC and NSC.
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ItIsNotFunny
03-28 10:23 AM
For my recent H1B extention for 7th year extention, I have come across strange situation.
My old H1B was valid till 5th Feb 2007. Extention was applied in Jan 2007 with approved I-140. Recently I have received approved H1B extention with new I-94, but it states validity is from 22 March 2007 to 5th Feb 2010.
I thought the extention should have been from 6th Feb 2007 to 5th Feb 2010.
what should be infered from above ? Does it mean that I was out of ststus fron 6th Feb 2007 till 21st March 2007.
I would appereciate any input on this.
If this makes me out of status , is there a way to fix this by contacting USCIS again ?
Thanks
Saurav
I don't think you were out of status as you filed before your previous H1 expires.
My old H1B was valid till 5th Feb 2007. Extention was applied in Jan 2007 with approved I-140. Recently I have received approved H1B extention with new I-94, but it states validity is from 22 March 2007 to 5th Feb 2010.
I thought the extention should have been from 6th Feb 2007 to 5th Feb 2010.
what should be infered from above ? Does it mean that I was out of ststus fron 6th Feb 2007 till 21st March 2007.
I would appereciate any input on this.
If this makes me out of status , is there a way to fix this by contacting USCIS again ?
Thanks
Saurav
I don't think you were out of status as you filed before your previous H1 expires.
roseball
02-09 03:20 PM
Roseball,
I dont think The Successor of Interest petition would be necessary as his employer is the company who acquired the other compnay. If it was the other way around then the Successor of Interest petition would have been a necessity.
HRPRO
Yes, you are right. I thought it was the other way around. Thanks for correcting. A new LCA should be enough.
I dont think The Successor of Interest petition would be necessary as his employer is the company who acquired the other compnay. If it was the other way around then the Successor of Interest petition would have been a necessity.
HRPRO
Yes, you are right. I thought it was the other way around. Thanks for correcting. A new LCA should be enough.
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sertasheep
09-04 08:43 PM
Bump
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ss777
02-12 06:54 AM
Is your I-140 at TSC? Do you have any other I-140 or I-485 pending/Approved at TSC? They may be trying to consolidate all the cases.
ragz4u
02-24 01:31 PM
Please take a look at page 249. If I understand it correctly, it mentions that the quota for EB1 goes from 28.6% of EB visas to 15%, EB2 goes from 28.6% to 15% and EB3 goes from 28.6% to 35%
That means they WILL create a new category of EB visas since they have to utilize these extra visas somewhere!
Am I reading it right?
That means they WILL create a new category of EB visas since they have to utilize these extra visas somewhere!
Am I reading it right?
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va_dude
02-17 04:31 PM
Hi.
Most of us who filed during jul/aug 2007 got our FPs done later that year.
Aren't those FPs valid for only 15 months or so?
So have folks started receiving their second FP notice yet?
Thanks.
va_dude
Most of us who filed during jul/aug 2007 got our FPs done later that year.
Aren't those FPs valid for only 15 months or so?
So have folks started receiving their second FP notice yet?
Thanks.
va_dude
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STAmisha
07-27 02:32 PM
Bumping up
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techskill
01-10 05:29 PM
does anyone have an answer
I read somewhere that you should have $5000 minimum in the your account.
I read somewhere that you should have $5000 minimum in the your account.
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singhsa3
07-18 09:47 AM
Guys,
Can any one explain his comments,
"We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing."
Shouldn't any application rejected on July 2nd have already reached our lawyer's office by now?
Also, if my appliction, filled on July 2nd, has not been returned yet, shouldn't we assume that it will be accepted?
Can any one explain his comments,
"We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing."
Shouldn't any application rejected on July 2nd have already reached our lawyer's office by now?
Also, if my appliction, filled on July 2nd, has not been returned yet, shouldn't we assume that it will be accepted?
more...
PD_Dec2002
06-12 03:55 PM
up
If you have attached all the documents correctly and appropriately, then you won't get a RFE at all. Scan the forums to see why people have gotten RFEs and see if you have done the same mistakes. My lawyer confirmed that it's perfectly okay to send two recent paystubs instead of an employment letter. So your paystubs can't trigger a RFE.
As for getting your I-485 processed in 6 months? Well, if you are lucky, anything can happen. :-) The truth is I have several friends with PDs of 2002 and 2003, who haven't gotten their approvals yet.
You can see the processing times here: https://egov.uscis.gov/cris/jsps/ptimes.jsp
Good luck.
Thanks,
Jayant
If you have attached all the documents correctly and appropriately, then you won't get a RFE at all. Scan the forums to see why people have gotten RFEs and see if you have done the same mistakes. My lawyer confirmed that it's perfectly okay to send two recent paystubs instead of an employment letter. So your paystubs can't trigger a RFE.
As for getting your I-485 processed in 6 months? Well, if you are lucky, anything can happen. :-) The truth is I have several friends with PDs of 2002 and 2003, who haven't gotten their approvals yet.
You can see the processing times here: https://egov.uscis.gov/cris/jsps/ptimes.jsp
Good luck.
Thanks,
Jayant
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dreamgc_real
04-22 02:20 PM
Please go and talk to Hispanic Caucus about it. Maybe they will listen to your desperate call for help and suffering.
Tell them you want to buy bigger house, fancier car and get promoted to make more money. You cannot go to Europe vacations or on a Cruise without a greencard. Your wife cannot also make 100K+ money as much as you make and so your kids are starving. Tell them that you are very educated and have Ivy league degrees. Despite all your intelligence and smartness, your employer is exploiting you and not giving promotions.
Then say your problems are more important than problems of undocumented. They are anyways subhuman and you do not care if they do not have food to eat, get exploited, do not get medical care or have a roof above their house. They should all be jailed and deported like animals. USA is a rich country and can easily round up 13 million people and deport them. Suggest some ways of deportation using your smart intelligence.
I'm sure Hispanic Caucus and for that matter any Congress member will definitely listen to you without forming a negative opinion about the arrogance of the entire H1Bkind..
We need Immigration Reform. Period.
We want our agenda passed before theirs. They want their agenda passed before ours......... can't you see, they are the two sides of the same coin. So stop bickering about legal and illegal immigration.
Tell them you want to buy bigger house, fancier car and get promoted to make more money. You cannot go to Europe vacations or on a Cruise without a greencard. Your wife cannot also make 100K+ money as much as you make and so your kids are starving. Tell them that you are very educated and have Ivy league degrees. Despite all your intelligence and smartness, your employer is exploiting you and not giving promotions.
Then say your problems are more important than problems of undocumented. They are anyways subhuman and you do not care if they do not have food to eat, get exploited, do not get medical care or have a roof above their house. They should all be jailed and deported like animals. USA is a rich country and can easily round up 13 million people and deport them. Suggest some ways of deportation using your smart intelligence.
I'm sure Hispanic Caucus and for that matter any Congress member will definitely listen to you without forming a negative opinion about the arrogance of the entire H1Bkind..
We need Immigration Reform. Period.
We want our agenda passed before theirs. They want their agenda passed before ours......... can't you see, they are the two sides of the same coin. So stop bickering about legal and illegal immigration.
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linuxra
07-14 08:05 AM
What do u mean by Company A taking my GC i did nt get u u mean AC 21 or filing a new labor etc...
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rajarao
07-14 08:54 AM
I travelled thru Frankfurt last december. No need of Transit visa, no hassels; though Air-hostess that hands out I-94 card did not know what AP meant. I boarded at Bangalore airport and Lufthansa staff at check-in were aware of AP. At immigration in chicago, the guy gave me a short lecture- AP should be used only for emergency purpose etc; I jsut nodded and he stamped the I-94 and AP doc
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syedajmal
09-22 12:50 PM
Hi Sydeajmal,
How long did it take for your EAD to get approved once you have submitted your RFE
Regards
Vijay
I got my AP approved on 09/13 and got the documents on 09/20
How long did it take for your EAD to get approved once you have submitted your RFE
Regards
Vijay
I got my AP approved on 09/13 and got the documents on 09/20
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Leo07
12-27 03:09 PM
If you have your latest H1B approved, old Stamp is still valid. Just inform your attorney and take the papers that your attorney will pass on. Plus your employment letter+recent pay stubs, just the regular stuff.
Good Luck with your mom's health!
God Bless!
I have a valid H-1B valid till 18th feb 2011 for employment with my previous employer. I had changed employment and now have I797C for the new employer valid till Nov 2011. I plan to go to India and be back in 1 week, my employer would issue me a leave approval letter. My present employer is a big hospital-non profit and I am a health professional.
Can some one tell if would need to get a new visa stamped if I come back by 15th January 2011. What documents should I carry. Should I talk to a lawyer before I leave. My mom is stable now but I am afraid If dont go now, I might not be able to gor a long time as I dont want to get re-stamping done.
Please advice
Good Luck with your mom's health!
God Bless!
I have a valid H-1B valid till 18th feb 2011 for employment with my previous employer. I had changed employment and now have I797C for the new employer valid till Nov 2011. I plan to go to India and be back in 1 week, my employer would issue me a leave approval letter. My present employer is a big hospital-non profit and I am a health professional.
Can some one tell if would need to get a new visa stamped if I come back by 15th January 2011. What documents should I carry. Should I talk to a lawyer before I leave. My mom is stable now but I am afraid If dont go now, I might not be able to gor a long time as I dont want to get re-stamping done.
Please advice
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desi485
11-24 05:48 PM
I would also suggest that those who have had their I-485 denied due to changing employers should submit DHS Form 7001 to the Ombudsman's office.
http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf
Guys, any good news to share??? I am still waiting for reply to my letters or email. Nothing received till today...
http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf
Guys, any good news to share??? I am still waiting for reply to my letters or email. Nothing received till today...
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geesee_99
12-14 11:36 AM
Thanks for reply CPUwiz.
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simple1
10-07 04:03 PM
you can be legally self employed/direct-contractor/consultant (fulltime, same or similar with earnings >= the one in perm) in EAD after Ac21.
Before jumping in, Talk to good attorney to find out the a2p and evl processes for self employed after ac21.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a
"same or similar" occupational classification as the job for which the original I-140 petition was filed.
Second, it may be appropriate to confirm that the new employer and the job offer are legitimate
through an RFE to the adjustment applicant for relevant information about these issues. Third, as
with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
intent, but in appropriate cases additional evidence or investigation may be appropriate.
Before jumping in, Talk to good attorney to find out the a2p and evl processes for self employed after ac21.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a
"same or similar" occupational classification as the job for which the original I-140 petition was filed.
Second, it may be appropriate to confirm that the new employer and the job offer are legitimate
through an RFE to the adjustment applicant for relevant information about these issues. Third, as
with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
intent, but in appropriate cases additional evidence or investigation may be appropriate.
illinois_alum
08-11 03:25 PM
Thanks for your prompt reply.
My I-94 has already expired .So should I put that validity date??
I-94 was for H1B and it is already expired.Working on EAD and didn't travle out of USA so doen't have new I-94.
Thanks again
If you don't have a valid I-94 then you could add your AP expiration date as the validity date
My I-94 has already expired .So should I put that validity date??
I-94 was for H1B and it is already expired.Working on EAD and didn't travle out of USA so doen't have new I-94.
Thanks again
If you don't have a valid I-94 then you could add your AP expiration date as the validity date
martinvisalaw
07-28 07:13 PM
I doubt that. Returning after a long period on AP would sure make the POE officer grill that person, as AP is supposed to be used in case of emergencies and humanitarin grounds. I was grilled at IAD on return after 30 days and the POE officer asked me to present documentary evidence of the emergency to travel outside US.
You got a very difficult officer. In practice, people travel on AP for many reasons, most of them not for an emergency. It's a shame the officer you got grilled you like that.
You got a very difficult officer. In practice, people travel on AP for many reasons, most of them not for an emergency. It's a shame the officer you got grilled you like that.
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