johnamit
08-30 01:08 PM
more details will help. Is the case is as simple as it sounds then may be half of filers will get RFE. There got to be more pieces to it, is there H1/F1/H4/L1 transfer exists? I-140 aprroved? etc. Think about other points that makes your case out of the heap.
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joeshmoe
09-04 11:22 AM
Fellows in pain ...
It's been horribly long 10 years and many complications along the way but my journey seemed to have reached the end. This morning I got a magically enchanted email:
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
I am still at awe and can't believe ... probably will never do until I get the physical card.
For those interested:
EB3 ROW - Dec 2004 (first application was April 2001)
I filed 765 and 485 in June of this year
It's been horribly long 10 years and many complications along the way but my journey seemed to have reached the end. This morning I got a magically enchanted email:
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
I am still at awe and can't believe ... probably will never do until I get the physical card.
For those interested:
EB3 ROW - Dec 2004 (first application was April 2001)
I filed 765 and 485 in June of this year
Hey Ram GC
04-08 12:25 PM
so are you going to get your EAD renewed this time?
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chapsi29
06-27 11:13 AM
I started work on 11/27 and that has been reported as the official start date. We will be talking to the lawyers next week to clarify all these issues. To my knowledge, I should not get a W2 as I did not get paid in 2007. Those wages should appear on my 2008 W2.
Outside of this topic, I have a question. Will I be eligible for the economic stimulus for 2007 if I did not get my W2 ? My husband will be filing the tax return (as joint) but he will not be able to enter my W2 information.
Thanks.
Outside of this topic, I have a question. Will I be eligible for the economic stimulus for 2007 if I did not get my W2 ? My husband will be filing the tax return (as joint) but he will not be able to enter my W2 information.
Thanks.
more...
gopi246
03-20 09:52 PM
Did you contact the SSN department in person or called them.? Its better to go in person and get hold of the supervisor.
My brother had the same issue, but after 2 weeks of waiting, he used to go to the local SSN opffice everyday and somehow was able to get hold of the supervisor. The Supervisor called him once they got the info in their system and also gave him the number. The actual card came after few days in mail. I would suggest you to contact the local SSA office Super/Admin and escalate your case saying you badly need the number to start working.
Thank you very much, I will try and get to the root of the issue. Thanks for you return posts. Now i understand that I have to fight it out.
My brother had the same issue, but after 2 weeks of waiting, he used to go to the local SSN opffice everyday and somehow was able to get hold of the supervisor. The Supervisor called him once they got the info in their system and also gave him the number. The actual card came after few days in mail. I would suggest you to contact the local SSA office Super/Admin and escalate your case saying you badly need the number to start working.
Thank you very much, I will try and get to the root of the issue. Thanks for you return posts. Now i understand that I have to fight it out.
seekerofpeace
04-23 03:33 PM
I am in similar situation. While my street address will also stay the same the building is same I am just changing floors...going from a 1 bed to 2 bed which I have to and can't avoid.
I checked with USPS and they told me that they do automatic mail forwarding for 3 months and which could be expanded...I am not going to intimate USCIS till I have to...I mean delay it as long as you receive your mails you won't miss a thing + the attorney also gets the RFE and their address is fixed and you will get that anyway.
The postal people can mess up delivery too and i have had friends who did not receive letters from USCIS due to delivery problems .....anything and everything can happen.
Point is to delay the notification to avoid an RFE....but if everything else is fine and legit I won't mind filling up the address change notification.
SoP
I checked with USPS and they told me that they do automatic mail forwarding for 3 months and which could be expanded...I am not going to intimate USCIS till I have to...I mean delay it as long as you receive your mails you won't miss a thing + the attorney also gets the RFE and their address is fixed and you will get that anyway.
The postal people can mess up delivery too and i have had friends who did not receive letters from USCIS due to delivery problems .....anything and everything can happen.
Point is to delay the notification to avoid an RFE....but if everything else is fine and legit I won't mind filling up the address change notification.
SoP
more...
fromnaija
07-21 05:24 AM
Not necessarily. Since GC is for future job, it's not impossible for the employer and the employee to be in different cities.
You better check to see if you are invalidating your entire petition.
You may get denied if they determine that the job you are taking is not where you originally stated. I say this because, if you haven't even filed for AoS then you clearly can't be using AC21 portability at this stage.
You better check to see if you are invalidating your entire petition.
You may get denied if they determine that the job you are taking is not where you originally stated. I say this because, if you haven't even filed for AoS then you clearly can't be using AC21 portability at this stage.
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gc_on_demand
04-04 11:29 AM
Can pls add poll to this by month. We atleast know 3 cases..
i voted as sep 2007 from one lawyer posted that news.
i voted as sep 2007 from one lawyer posted that news.
more...
desi3933
02-11 10:43 AM
Hi All,
I am in a situation that my L1B extension application is denied on 02/10/2009. My current L1B is valid till March 31st 2009. I am trying to find the options I have with me now... I have H1B approved from another employer but I have not joined them.
As per my understanding these are the options:
1) This denial is for L1B Blanket Petition, so I think I should be able to apply extension again with L1B individual petition as I believe Obama government is rejecting all L1 Blanket visa as they this people are misusing it...
2) I can join my H1 employer...
Can anyone of you please suggest if these options are correct OR is there any other better option available...
Eagerly waiting for responses...
Thanks,
Gagan Chodhry
Were you in status at the time of L1 extension? Probably not, as your H1 extension was approved with new I-94 starting Oct 1st.
You applied for L1 extension on Oct 15th.
Would you mind sharing the denial reason with us?
__________________
Not a legal advice.
I am in a situation that my L1B extension application is denied on 02/10/2009. My current L1B is valid till March 31st 2009. I am trying to find the options I have with me now... I have H1B approved from another employer but I have not joined them.
As per my understanding these are the options:
1) This denial is for L1B Blanket Petition, so I think I should be able to apply extension again with L1B individual petition as I believe Obama government is rejecting all L1 Blanket visa as they this people are misusing it...
2) I can join my H1 employer...
Can anyone of you please suggest if these options are correct OR is there any other better option available...
Eagerly waiting for responses...
Thanks,
Gagan Chodhry
Were you in status at the time of L1 extension? Probably not, as your H1 extension was approved with new I-94 starting Oct 1st.
You applied for L1 extension on Oct 15th.
Would you mind sharing the denial reason with us?
__________________
Not a legal advice.
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texcan
03-02 12:02 AM
Hi,
Unfortunately, I have recently been laid off by my employer on Jan 09. Still I could not transfer my H1B, but I am in process to doing that. One of friend told me told me that I need to transfer my H1B with 2 months. My H1B visa is valid till 2011.
I already requested my ex-employer not to revoke my H1B.
My questions are �
1. How much time I will get to transfer my H1B ?
2. What about my families H4 visa status ?
3. If it is out of status issue , then what should me my immediate action ?
Thanks in advance!
There is no hard and fast rule on number of days allowed for transfer after layoff, generally as long as you have pay stubs for last 1 /2 months there are no problems.
Now since you have already applied for transfer, it makes more sense to wait for result/approval.
you family's h4 status is tied with your h1 status.
IMO since you have now applied for transfer, you are not out of status. So nothing else to do other than wait for USCIS response.
HTH and sorry to hear about layoff. Hope it will work out for you.
Unfortunately, I have recently been laid off by my employer on Jan 09. Still I could not transfer my H1B, but I am in process to doing that. One of friend told me told me that I need to transfer my H1B with 2 months. My H1B visa is valid till 2011.
I already requested my ex-employer not to revoke my H1B.
My questions are �
1. How much time I will get to transfer my H1B ?
2. What about my families H4 visa status ?
3. If it is out of status issue , then what should me my immediate action ?
Thanks in advance!
There is no hard and fast rule on number of days allowed for transfer after layoff, generally as long as you have pay stubs for last 1 /2 months there are no problems.
Now since you have already applied for transfer, it makes more sense to wait for result/approval.
you family's h4 status is tied with your h1 status.
IMO since you have now applied for transfer, you are not out of status. So nothing else to do other than wait for USCIS response.
HTH and sorry to hear about layoff. Hope it will work out for you.
more...
Green.Tech
04-17 12:19 PM
My wife (going to use AP), My little son (US citizen) & my mother-in-law (Visitor Visa) are coming back to Dallas from India on Monday. My mother-in-law left USA in November 2008 and coming back again now. Would it be safe to send all three of them to the same counter at the POE? or would it be safe to send them to 2 separate counters.
My worry is that if they go together, the officer may think that my mother-in-law is here again for baby sitting or something like that since her leaving USA is less than 6 months. I know that there is no such requirement that a person has to be outside US for a certain period of time before entering again, but I am still wondering would it cause any problems. On the flip side if they go to different counters they may let her in without any issues, since my mother-in-law doesn't know English (I am planning to give a letter for the purpose of her trip), Please suggest?
kriskris,
IMHO, I don't think it matters. In the end, it is the IO's decision. There are no guarantees either way, and similarly there should not be an issue either way. Personally, I would want all three to be standing at one counter than at different counters.
My worry is that if they go together, the officer may think that my mother-in-law is here again for baby sitting or something like that since her leaving USA is less than 6 months. I know that there is no such requirement that a person has to be outside US for a certain period of time before entering again, but I am still wondering would it cause any problems. On the flip side if they go to different counters they may let her in without any issues, since my mother-in-law doesn't know English (I am planning to give a letter for the purpose of her trip), Please suggest?
kriskris,
IMHO, I don't think it matters. In the end, it is the IO's decision. There are no guarantees either way, and similarly there should not be an issue either way. Personally, I would want all three to be standing at one counter than at different counters.
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snathan
05-29 09:17 PM
Get a good attorney to solve this issue as practically speaking, you were out of status from period of 2006-2008 as your Company A's Approval overrided your university H1.
USCIS is expecting that you submitted Company A's Approval for transfer instead of University's H1B Approval
This is not a legal advise. Please get in touch with a immigration attorney.
I dont think is correct and its misleading. I dont think one company's H1 approval will override other H1B.
USCIS is expecting that you submitted Company A's Approval for transfer instead of University's H1B Approval
This is not a legal advise. Please get in touch with a immigration attorney.
I dont think is correct and its misleading. I dont think one company's H1 approval will override other H1B.
more...
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karanp25
07-30 01:47 PM
If u r a dependent, then ur EAD case is much simpler than the primary's case, logocally speaking...
Don't try to make too much logic out of USCIS. It's all random and they work as they please.
I got a similar situation but the thing is that both myself and my spouse got our EAD's but my application on the website shows pending while it is approved for my spouse. Don't know why my application is still showing pending. Could it be because I am the dependent on the application and not primary ?
Don't try to make too much logic out of USCIS. It's all random and they work as they please.
I got a similar situation but the thing is that both myself and my spouse got our EAD's but my application on the website shows pending while it is approved for my spouse. Don't know why my application is still showing pending. Could it be because I am the dependent on the application and not primary ?
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arnab221
11-21 03:09 PM
The airlines generally take them away and send it to USCIS.
more...
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pd_recapturing
08-24 02:49 PM
I did exactly the same thing. I had a EB3 May 2004 I-140 approved and I applied 485 with this. during the first quarter of this year, I applied a new labor in EB2 and got it approved in 2 months. I applied I-140 EB2 in premium on 29th June and got it approved. Now my lawyer is going to interfile this new I-140 with my existing pending 485.
First of all, dont worry with your old 140 while applying new one. They would not touch your old 140. The only issue right now is that there is no PP of 140 so you might need to wait up to one year to see 140 approved and that might kill the purpose.Just pray that they start PP soon.
First of all, dont worry with your old 140 while applying new one. They would not touch your old 140. The only issue right now is that there is no PP of 140 so you might need to wait up to one year to see 140 approved and that might kill the purpose.Just pray that they start PP soon.
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Scythe
11-21 04:49 PM
You posted that at 2:42 AM, so technically it was already Saturday.
more...
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niceguy
02-22 06:22 PM
For me they accepted interfiling and it introduced another problem. I had 140/485 filed with sub LC and before they looked at this concurrent file, another I140 with my original LC approved. Both are in EB2. We asked uscis to use my second approved I140 in place of pending I140 (lc sub). After 6 months, they looked at my concurrent file, sent rfe and denied my first I140 as they didn't agree my BITS-pilani MS is equal to US masters.
Then they looked at our request on interfiling that was sent 6 months before, then sent an intent to revoke on my approved I140 too with the same reason. Our attorney replied this time equating my AMIETE to US bachelors since they any way denied with Masters. We are still waiting after 2 months+.
The moral is, they accept the interfiling, but it takes time for them to put it in your file - some one said 2-3 months. You don't receive any ack on successful interfiling though.
Hope this helps.
Then they looked at our request on interfiling that was sent 6 months before, then sent an intent to revoke on my approved I140 too with the same reason. Our attorney replied this time equating my AMIETE to US bachelors since they any way denied with Masters. We are still waiting after 2 months+.
The moral is, they accept the interfiling, but it takes time for them to put it in your file - some one said 2-3 months. You don't receive any ack on successful interfiling though.
Hope this helps.
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diesel
03-01 09:29 AM
Now they are saying 17 months (until 9/30/2007)
Is a year 10 months? What kind of math is this? :confused:
Is a year 10 months? What kind of math is this? :confused:
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sumanitha
07-12 05:35 PM
Take one by one and try to answer properly.
1. What is CIS is returning visa #'s to DOS.?
There are some unused and unallocated visa numbers reported by various means. Few# got reported by consulate abroad and few reported by USCIS.
2. How USCIS and Consulate can report unused Visa #'s?
You might be reading the I-485 rejection cases by CIS and Consulate
You might be hearing about USCIS is unable to process the applications received
You might be hearing people could not able to file whose cased were current in June.
All these Visa #'s are reported back
3. To me around 20000 such numbers are available for this years quota
4. Can my applications sneak into this #?
Answer is uncertain.
If your have an old priority dates then probability is high
If you have recent 05/06/07 priority date then there could be issues in issuing an EAD. People whose PD are old will take legal action against USCIS of they do not consider their case and approve yours.
5. What would August VB have?
If they do not approve any July2 filling then here is what they will do
a) Retain petition with old PD and adjust them in Aug
b) Reject all I-485 application for candidates recent PD
They are making a decision fast, that the reason Aug VB is not yet published
6. Will USCIS reverse the new decision?
Answer is NO. Why? There is no such pattern in USCIS behavior and July time is running out.
7. How about Law suite?
:) Do not worry there is a slick chance. All govt depts. are inter related.
Don�t you think Justice dept does not know about this before issuing the reversal notification in July. All CIS communication also being forwarded to Justice dept.
State--> Immigration --> Justice are all same with different names.
I have no hope from this process. It's just building a fake hope.
8. People are still filling the application.
Candidates are filling because of advice of their attorney. When you deal with the attorney directly they will encourage you to apply because they will get the money now.
There is no guarantee that you will process your application from XYZ law firm in Oct.
If you file now through them, you are bonded with him until you hear some good news from CIS.
There is a say in India.. Always try to out of trouble and Attorney. They will tell everything is possible.
Another thing after July 16th, I am not sure if they can charge money to you directly. They will rush you to pay before just 16th.
Declaimer: I am not an attorney or do not have any background of law. This is my conclusion from reading IV and many other forums. My PD is 2007 EB2.
I dont think whatever you are saying is true...
State--> Immigration --> Justice are all same with different names.
Please be careful while you post since lot of people are viewing it.
1. What is CIS is returning visa #'s to DOS.?
There are some unused and unallocated visa numbers reported by various means. Few# got reported by consulate abroad and few reported by USCIS.
2. How USCIS and Consulate can report unused Visa #'s?
You might be reading the I-485 rejection cases by CIS and Consulate
You might be hearing about USCIS is unable to process the applications received
You might be hearing people could not able to file whose cased were current in June.
All these Visa #'s are reported back
3. To me around 20000 such numbers are available for this years quota
4. Can my applications sneak into this #?
Answer is uncertain.
If your have an old priority dates then probability is high
If you have recent 05/06/07 priority date then there could be issues in issuing an EAD. People whose PD are old will take legal action against USCIS of they do not consider their case and approve yours.
5. What would August VB have?
If they do not approve any July2 filling then here is what they will do
a) Retain petition with old PD and adjust them in Aug
b) Reject all I-485 application for candidates recent PD
They are making a decision fast, that the reason Aug VB is not yet published
6. Will USCIS reverse the new decision?
Answer is NO. Why? There is no such pattern in USCIS behavior and July time is running out.
7. How about Law suite?
:) Do not worry there is a slick chance. All govt depts. are inter related.
Don�t you think Justice dept does not know about this before issuing the reversal notification in July. All CIS communication also being forwarded to Justice dept.
State--> Immigration --> Justice are all same with different names.
I have no hope from this process. It's just building a fake hope.
8. People are still filling the application.
Candidates are filling because of advice of their attorney. When you deal with the attorney directly they will encourage you to apply because they will get the money now.
There is no guarantee that you will process your application from XYZ law firm in Oct.
If you file now through them, you are bonded with him until you hear some good news from CIS.
There is a say in India.. Always try to out of trouble and Attorney. They will tell everything is possible.
Another thing after July 16th, I am not sure if they can charge money to you directly. They will rush you to pay before just 16th.
Declaimer: I am not an attorney or do not have any background of law. This is my conclusion from reading IV and many other forums. My PD is 2007 EB2.
I dont think whatever you are saying is true...
State--> Immigration --> Justice are all same with different names.
Please be careful while you post since lot of people are viewing it.
unseenguy
06-09 12:53 PM
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
I entered on H1 visa this year. Me and my wife both arrived at the airport, I told the officer, my wife has AP and I have H1 visa. To which he said, where is your AP. I said, I have it but I prefer to use H1. Is it possible? He said thats fine. Your choice.
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
I entered on H1 visa this year. Me and my wife both arrived at the airport, I told the officer, my wife has AP and I have H1 visa. To which he said, where is your AP. I said, I have it but I prefer to use H1. Is it possible? He said thats fine. Your choice.
lalithkx
07-29 05:54 PM
Did anyone ask about EB3-India backlog?
There is nothing to ask about EB3-India. It is retrogressed. There are no visas numbers available. Unless some new legislation is passed, Ombudsman or USCIS or anybody can do nothing about it. You have to wait for next year quota :=)
There is nothing to ask about EB3-India. It is retrogressed. There are no visas numbers available. Unless some new legislation is passed, Ombudsman or USCIS or anybody can do nothing about it. You have to wait for next year quota :=)
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