don840
04-04 01:30 PM
immigrant-in-law pls. click on new thread by going on the forum as Non Immigrant Visas : H1, L1, H4, L2, F1 etc > Out of status, employment gap and status revalidation > and then click new thread.
wandmaker, I understand that the 485 as it is filed now stands to be denied. But if I can get back on h4 and withdraw current 485 and refile new 485, then why would there be a issue? As I understand, 485 is to be filed while in valid status. It is not 'until' but 'while'.
Also, do you think Consular processing might be a better option instead of 485?
wandmaker, I understand that the 485 as it is filed now stands to be denied. But if I can get back on h4 and withdraw current 485 and refile new 485, then why would there be a issue? As I understand, 485 is to be filed while in valid status. It is not 'until' but 'while'.
Also, do you think Consular processing might be a better option instead of 485?
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chandra140
08-28 11:09 AM
Hi,
Got some info reg my 140 issue.
First my 140 was filed in first week of april and got receipt notice with received date as 11-Apr-08, and later it was rejected because of check bounce issue.
Again my 140 refiled in july,and got my 140 receipt notice with received date as 24-Jul-08.
(My labour was approved on 23-Jan-08 and its expiration date is 21-Jul-08)
Got this response from my lawyer:
we first filed it well before the dates,so you should not have a problem, as this is refiled in follow up to the original one.
I am still wondering the USCIS will process my 140.
Got some info reg my 140 issue.
First my 140 was filed in first week of april and got receipt notice with received date as 11-Apr-08, and later it was rejected because of check bounce issue.
Again my 140 refiled in july,and got my 140 receipt notice with received date as 24-Jul-08.
(My labour was approved on 23-Jan-08 and its expiration date is 21-Jul-08)
Got this response from my lawyer:
we first filed it well before the dates,so you should not have a problem, as this is refiled in follow up to the original one.
I am still wondering the USCIS will process my 140.
webm
04-04 01:54 PM
Today at Boeing interview event I got very good offer. The HR lady congratulated me, kept offer letter in my hand. Then I told her that I'm an EAD holder. All my fear came true, and she said a big sorry and said EAD is not acceptable at any cost. Also she said, she can keep the offer in hold for me for 5 months. How can I expect green card in hand in 5 months. GOD don't give this situation to any one. just trying to reduce my pain here...
Why you told EAD??
You should have told them that i have "Work Authorization eligible to work for any employer in the US" to keep them straight.
There is another big thread in this forum discussed on the same topic.Please check that before your future interviews..
HTH,
webm
Why you told EAD??
You should have told them that i have "Work Authorization eligible to work for any employer in the US" to keep them straight.
There is another big thread in this forum discussed on the same topic.Please check that before your future interviews..
HTH,
webm
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lunar
07-21 08:38 AM
Normally my wife is the one who is used to post or follow up on the latest here.
This came up a week ago. I have been working from home in a different state and we do not have any company office near my home. Nearest office location is about 3 hours. I had to move this far away due to personal reasons.
Now after working from home for 3 years (extending EAD, H1Bs etc) Fragomen (most of you know who they are) says I cannot do work from home anymore due to this conflict with uscis. it seems USCIS doesnt recognize your home as a Govt recognized work location. Hence I cannot work from home.
Now my manager wants me to only work from the office since folks reporting to me are also in that state. Now he is using Fragomen and HR emails as a reason for me to move back.
Anythoughts ? I am sure you all will agree that is the law. but why all this now ? even after working for 12 years.
One other point the fragomen lawyer said is - this is going to be the case for all thier clients.
This came up a week ago. I have been working from home in a different state and we do not have any company office near my home. Nearest office location is about 3 hours. I had to move this far away due to personal reasons.
Now after working from home for 3 years (extending EAD, H1Bs etc) Fragomen (most of you know who they are) says I cannot do work from home anymore due to this conflict with uscis. it seems USCIS doesnt recognize your home as a Govt recognized work location. Hence I cannot work from home.
Now my manager wants me to only work from the office since folks reporting to me are also in that state. Now he is using Fragomen and HR emails as a reason for me to move back.
Anythoughts ? I am sure you all will agree that is the law. but why all this now ? even after working for 12 years.
One other point the fragomen lawyer said is - this is going to be the case for all thier clients.
more...
nlssubbu
12-24 01:22 PM
Hi,
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?
The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
I don't see a reason for you going in for H1-B stamping. You can enter using AP and still have H1B validity, if you don't use EAD for job. If different company willing to sponsor H1, then you can transfer it without any issue. Please make sure that the job offer from the new company is "same or similar" in nature.
-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.
My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?
As stated by you, use of AP does not invalidate your H1B. If you want to change employer, you can transfer the existing H1B instead of re-apply for a new one.
2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful
I myself came back to US using AP thrice and extended my H1B twice after such entry. You need not send your existing I-94 to them. Your H1B will come with the new I-94 with the same number of your white one for the extended time period.
I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.
I think it is only waste of time (to go to consulate) and money (to spend for the visa stamping)
Thanks
Thanks
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?
The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
I don't see a reason for you going in for H1-B stamping. You can enter using AP and still have H1B validity, if you don't use EAD for job. If different company willing to sponsor H1, then you can transfer it without any issue. Please make sure that the job offer from the new company is "same or similar" in nature.
-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.
My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?
As stated by you, use of AP does not invalidate your H1B. If you want to change employer, you can transfer the existing H1B instead of re-apply for a new one.
2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful
I myself came back to US using AP thrice and extended my H1B twice after such entry. You need not send your existing I-94 to them. Your H1B will come with the new I-94 with the same number of your white one for the extended time period.
I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.
I think it is only waste of time (to go to consulate) and money (to spend for the visa stamping)
Thanks
Thanks
krustycat
03-09 07:33 PM
if you have your I-140 approved then you should be ok, provided your earned more than the prevailing wage for that year.
Even if you have I-140 approved, if the salary at the time you filed I-485 was less than the prevailing wage, they will examine again the company's ability to pay.
My I-140 was approved in 2006 and back then my salary was enough to prove the company's ability to pay. However, I got a NOID in my I-485 and the officer is asking to prove ability to pay again.
Even if you have I-140 approved, if the salary at the time you filed I-485 was less than the prevailing wage, they will examine again the company's ability to pay.
My I-140 was approved in 2006 and back then my salary was enough to prove the company's ability to pay. However, I got a NOID in my I-485 and the officer is asking to prove ability to pay again.
more...
Green.Tech
03-03 12:36 PM
Hi everyone, I am seeking some help:
-My wife's Labor Certification was approved on Oct-09-2006
-Priority Date: April-30-2001
We did stay on H1B (wife) and H4 (me) in the US for about 9 years total, we did extend the H1B year by year once the initial 6year period ended (labor was still pending). We left the US on Dec-27-2007 and have been outside the US since. Now we have our new 5year Turist Visa B1/B2.
Sounds like you are one of those fake profiles.
No answer for you. Come back 1 year! (I hope you watch Seinfeld) :)
-My wife's Labor Certification was approved on Oct-09-2006
-Priority Date: April-30-2001
We did stay on H1B (wife) and H4 (me) in the US for about 9 years total, we did extend the H1B year by year once the initial 6year period ended (labor was still pending). We left the US on Dec-27-2007 and have been outside the US since. Now we have our new 5year Turist Visa B1/B2.
Sounds like you are one of those fake profiles.
No answer for you. Come back 1 year! (I hope you watch Seinfeld) :)
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logiclife
12-31 06:52 PM
But the way its worded now, it means no benefit for people who have no master's or Ph.D from US accredited university.
And you have to have 3 year experience to top it. From the wording, it means probably before you filed you I-140, you need to have 3 years of experience in relevant field.
And you have to have 3 year experience to top it. From the wording, it means probably before you filed you I-140, you need to have 3 years of experience in relevant field.
more...
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vipatel3
10-17 03:56 PM
Hello Friends,
I have not received my 485 and 140 , filing receipts . The documenst were mailed on 30 july to Texas Center. Anyone have any idea which the best way to get information on waiting time.
I have not received my 485 and 140 , filing receipts . The documenst were mailed on 30 july to Texas Center. Anyone have any idea which the best way to get information on waiting time.
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Desi Unlucky
09-22 06:37 AM
I'm pledging that i would get two more members added in a week's time. Would like to see that all the other 5990 members take a similar pledge. There were 3 threads started in the last couple of days "Welcome to new members", "Immigration voice needs your help", "Goal: Bring atleast one new member". I observed that the last posted thread shows up as the first hyperlink on the right side when someone logs into iv.org and was dreaming that either of the above mentioneed threads will be the most active threads. But soon realised and sadened that it is not the case. The current energy levels of the members (but for a handful) are not really encouraging.
If each one of us are not able to get another member not registered, then i doubt if we could convince the law makers and the govt to make changes to alleviate our misery.
One thing is for sure it has not been easy getting new members registered. I sent an email to 10 of my friends who are in the same boat as me asking them just to register. Here are the statistics.
2/10 got registered after reading my mail.
4/10 got registered after me making phone calls, explaining things, asking them few questions such as do you know what is CIR, do you know u can retain your PD after I140, do you know abt cross chargeabilty, do you know that a group of 4 people started this and now it's 6000...........
At the end of the conversation they seemed interested in registering and got registered.
Working on the remaining 4.
Bottom line it definitely involves some effort. Just do not leave it after sending an email. And also do not limit yourself to getting 1 member, get as many as you can.
Core group if you endorse this goal then we can make a quick reality check abt our (all the 5990 members) will and resolve and see where we are. (i'm sure u will as this is in line with your current objectives, i'm specifically asking abt the time frame whether it should be a week or 10 days or.....)
Keep the pledges and registrations coming !!!!!!!
If each one of us are not able to get another member not registered, then i doubt if we could convince the law makers and the govt to make changes to alleviate our misery.
One thing is for sure it has not been easy getting new members registered. I sent an email to 10 of my friends who are in the same boat as me asking them just to register. Here are the statistics.
2/10 got registered after reading my mail.
4/10 got registered after me making phone calls, explaining things, asking them few questions such as do you know what is CIR, do you know u can retain your PD after I140, do you know abt cross chargeabilty, do you know that a group of 4 people started this and now it's 6000...........
At the end of the conversation they seemed interested in registering and got registered.
Working on the remaining 4.
Bottom line it definitely involves some effort. Just do not leave it after sending an email. And also do not limit yourself to getting 1 member, get as many as you can.
Core group if you endorse this goal then we can make a quick reality check abt our (all the 5990 members) will and resolve and see where we are. (i'm sure u will as this is in line with your current objectives, i'm specifically asking abt the time frame whether it should be a week or 10 days or.....)
Keep the pledges and registrations coming !!!!!!!
more...
RayP
12-08 03:13 AM
Thanks for your response. Good to hear that I can file while I am outside the US.
Meanwhile, I was wondering if it expires due to (assume) my neglect... does that create issues or can I apply at a later date... this is just in case I forget !! Sorry !!
Meanwhile, I was wondering if it expires due to (assume) my neglect... does that create issues or can I apply at a later date... this is just in case I forget !! Sorry !!
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sukhwinderd
08-15 12:50 PM
was it send to nebraska or texas ?
I thought this will give some hope to you.
Mine reached USCIS on July-3rd around 6:00am. All 6 (2x485, 2xAP, 2xEAD) checks were cached today.
Hope yours on the way too...
I thought this will give some hope to you.
Mine reached USCIS on July-3rd around 6:00am. All 6 (2x485, 2xAP, 2xEAD) checks were cached today.
Hope yours on the way too...
more...
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nixstor
08-30 01:19 PM
You are doing a pledge right now. So go ahead and pledge what you have and try to bump them to 25K. Some short flights need only 15K miles. For example United charges 15K miles for trips between IAD and ORD often.
Here is a link on how you can add 5k more miles if you would like to.
http://www.continental.com/web/en-US/content/onepass/earn/default.aspx
Here is a link on how you can add 5k more miles if you would like to.
http://www.continental.com/web/en-US/content/onepass/earn/default.aspx
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eb3_nepa
07-20 04:50 PM
But my question is can you have BOTH of them. Some say you can have 2 H1s at the same time for different companies, so hence my question was, can you have an H1 and an L1 at the same time.
Biju, whom did you ask, an immigration attorney or just on forums?
Biju, whom did you ask, an immigration attorney or just on forums?
more...
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HOPE_GC_SOON
05-04 10:30 AM
Hi Immi2006.
Please help me understanding this..
Your statistics underneath::; 1) Is it NO. of Labour Petitions filed in those years and categories or 2) Are they Numbers of Labor and 140 approved pending cases for 485?:confused:
Please enlighten me....
thanks:)
Folks,
I was analysing the data based on posts in various immigration websites for India based filings. The data could be very well wrong too. (data for India folks as below).
It appears on rough estimates :
2005
EB1 - 4000
EB2 - 26000
EB3 - 39000
2004
EB1 - 5500
EB2 - 32000
Eb3 - 36000
Please help me understanding this..
Your statistics underneath::; 1) Is it NO. of Labour Petitions filed in those years and categories or 2) Are they Numbers of Labor and 140 approved pending cases for 485?:confused:
Please enlighten me....
thanks:)
Folks,
I was analysing the data based on posts in various immigration websites for India based filings. The data could be very well wrong too. (data for India folks as below).
It appears on rough estimates :
2005
EB1 - 4000
EB2 - 26000
EB3 - 39000
2004
EB1 - 5500
EB2 - 32000
Eb3 - 36000
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kartikiran
05-06 11:08 AM
if a couple of members attend with immigration voice badge on their shirts, this could be a good platform for immigrationvoice as a group to get noticed.
Maybe people who are living around Washington DC neighborhood can attend to represent IV and their registration can be sponsored by IV.
Just a thought. As we push our agenda, IV as an organization must get noticed in more places where USCIS is putting its face on.
Maybe people who are living around Washington DC neighborhood can attend to represent IV and their registration can be sponsored by IV.
Just a thought. As we push our agenda, IV as an organization must get noticed in more places where USCIS is putting its face on.
more...
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gc28262
08-27 06:37 PM
Use FOIA form to get a copy of your I-140 approval notice. It is a slow process. Can take upto a year to get the document.
USCIS - Freedom of Information and Privacy Acts (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a 1RCRD&vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD )
USCIS - Freedom of Information and Privacy Acts (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a 1RCRD&vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD )
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pcs
04-17 02:14 PM
What do you mean by PERM was done in 60 days? Do you know the login name & password of the employer. I mean the IT guy will need the login name to answer any querry else he can not pull any info.
How come there was no receipt. Was it filed at all or was rejected by the computer & you do not know that?
How come there was no receipt. Was it filed at all or was rejected by the computer & you do not know that?
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dilbert_cal
07-11 11:46 AM
Hey, with ALL EB numbers gone till October, what else USCIS employees are suppose to do? Poop, Pee and approve I-140! This way, make this freaking GC line even longer.... my 2 cents....
I believe USCIS has more work than just EB - they do have have FB cases too and certainly the backlog in FB is still many times longer than EB.
Not that I am saying we are better off or worse off - just wanted to point out that USCIS employees do have something to work on regardless of EB numbers available or not. Also EAD and AP processing goes on regardless of whether EB numbers are there or not.
Please do not assume that no work is being done and belittle the jobs of those who work at USCIS.
I believe USCIS has more work than just EB - they do have have FB cases too and certainly the backlog in FB is still many times longer than EB.
Not that I am saying we are better off or worse off - just wanted to point out that USCIS employees do have something to work on regardless of EB numbers available or not. Also EAD and AP processing goes on regardless of whether EB numbers are there or not.
Please do not assume that no work is being done and belittle the jobs of those who work at USCIS.
needhelp!
10-10 11:37 AM
perks included..
mbawa2574
02-11 07:52 AM
i lostmy legal in 2002 (b2). during 2003 i won gc lottery . we did al paper work till last step.my lawyer toll me dont go couse deportation. In 2005 my employer apply gc for me (em3) In April 2006 I-140 aproved.now we waiting for priority date..
My question to you .. my lottery case priority date can be use for my eb3 case?
IV members don't support illegal Immigration. Since you were illegal from 2002 to 2003 and overstayed on your B2 visa, we cannot help you here. Please contact an immigration attorney.
My question to you .. my lottery case priority date can be use for my eb3 case?
IV members don't support illegal Immigration. Since you were illegal from 2002 to 2003 and overstayed on your B2 visa, we cannot help you here. Please contact an immigration attorney.
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