dilusa1
07-18 07:44 PM
Thanks for great services..
My situation is as under : " My case is in removal proceedings for violating H1b status for 3 months due to laid off situation, i am working on H1b now and my labor is approved and I-140 is pending, now my priority date is become current for I-485 filing", now who will adjudicate my case, INS or EOIR court, where will i file my I-485.
will court close my removal proceedings based on PD current..
i will really really apprecate your help.
My situation is as under : " My case is in removal proceedings for violating H1b status for 3 months due to laid off situation, i am working on H1b now and my labor is approved and I-140 is pending, now my priority date is become current for I-485 filing", now who will adjudicate my case, INS or EOIR court, where will i file my I-485.
will court close my removal proceedings based on PD current..
i will really really apprecate your help.
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priderock
06-20 05:44 PM
its kinda interesting why there is no appointment available sooner. I am in florida and i heard frmo my attorney on Thursday.. and called 3 doctors Friday morning.. all three said come down right now. Finally went to one of them the same day in the afternoon.. he did some blood work.. gave me MMR and TD.. and did TB test. I want back today morning and got my all the reports.
As far as I know, we need to get only one blood work done.. doctor can test both HIV and Syph in the same one.
There are places (even though not remote) , you cant get appointments for weeks. There must be different reasons for that. I don't think any one answered the OP question:
What blood tests need to be done (apart from HIV and Siphyllis)?
As far as I know, we need to get only one blood work done.. doctor can test both HIV and Syph in the same one.
There are places (even though not remote) , you cant get appointments for weeks. There must be different reasons for that. I don't think any one answered the OP question:
What blood tests need to be done (apart from HIV and Siphyllis)?
willwin
06-30 02:03 PM
Pappu,
Now, is this an indication that the chances are in favorable of a the bills not passing before the new government?
Can you atleast say which way it is going? People awaiting reform can relax for 6 months as well.
I see few volunteers encouraging members to call representatives and also help IV by contributing financially - and they update the forum almost every 5 minutes (thanks to their dedication) - but if the efforts are not going to materialize NOW - should we not relax until the time was appropriate?
Correct me if I was wrong.
Now, is this an indication that the chances are in favorable of a the bills not passing before the new government?
Can you atleast say which way it is going? People awaiting reform can relax for 6 months as well.
I see few volunteers encouraging members to call representatives and also help IV by contributing financially - and they update the forum almost every 5 minutes (thanks to their dedication) - but if the efforts are not going to materialize NOW - should we not relax until the time was appropriate?
Correct me if I was wrong.
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desi3933
06-18 02:56 PM
Hi Gurus,
Please comment on my situation.
My current job, 140 is approved, and employer ready to file 485. But there is also a risk of layoff in coming 2 months. Employer won't revoke I-140, if he had to let me go.
I have another employer interested and has filed H1 transfer. I am in the 7th year of H1.
If I let current employer file I-485, and also get EAD/AP. Then if laid off after 2 months, and new employer ready to wait for 2 months from now, understanding the situation.
1. Can I join the new employer on H1, after 2 months.
Yes, New employer needs to file for H1-B transfer.
Will can cancel my I-485 processing automatically, even though the employer did not revoke the I-140?
No.
2. Should I join the new employer on EAD, which will be approved for 1 year by then?
It may be good idea to join on H1.
Will there be risk of violation of AC21, and 485 or EAD renewal being rejected at later stage? And what would be a fall-back strategy in such case?
GC is for the future job. AC-21 allows to change future employer after I-485 has been filed for 180 calendar days and I-140 is approved.
3. Just join the new employer, as it will be stable job. and not worry about the 485 date. It will be current again next year.
Invoke AC-21.
4. Is there any information, how the AC-21 works? Is it automatic, or do I need to file for some documents when I switch jobs. That would prevent me from taking any job before 6 months. But I may be laid off in 2 months.
Search on these forums. It has been discussed in detail.
Thanks in advance!
See above in blue. This is NOT a legal advice.
Please comment on my situation.
My current job, 140 is approved, and employer ready to file 485. But there is also a risk of layoff in coming 2 months. Employer won't revoke I-140, if he had to let me go.
I have another employer interested and has filed H1 transfer. I am in the 7th year of H1.
If I let current employer file I-485, and also get EAD/AP. Then if laid off after 2 months, and new employer ready to wait for 2 months from now, understanding the situation.
1. Can I join the new employer on H1, after 2 months.
Yes, New employer needs to file for H1-B transfer.
Will can cancel my I-485 processing automatically, even though the employer did not revoke the I-140?
No.
2. Should I join the new employer on EAD, which will be approved for 1 year by then?
It may be good idea to join on H1.
Will there be risk of violation of AC21, and 485 or EAD renewal being rejected at later stage? And what would be a fall-back strategy in such case?
GC is for the future job. AC-21 allows to change future employer after I-485 has been filed for 180 calendar days and I-140 is approved.
3. Just join the new employer, as it will be stable job. and not worry about the 485 date. It will be current again next year.
Invoke AC-21.
4. Is there any information, how the AC-21 works? Is it automatic, or do I need to file for some documents when I switch jobs. That would prevent me from taking any job before 6 months. But I may be laid off in 2 months.
Search on these forums. It has been discussed in detail.
Thanks in advance!
See above in blue. This is NOT a legal advice.
more...
glus
04-15 02:24 PM
In employment-based immigration, an I140 is an immigrant petition according to the law. So most likely INS will determinate one must work for 3 years before the I140 is filed. Many people think that an immigrant petition means filing for I485, but I don't think that the case. I140 is the immigrant petition.
I am not an attorney.
G
I am not an attorney.
G
ksvreg
09-25 03:02 PM
You are eligible for H1 extension, though you may need visa stamp and re-entry to be back in H1 status. In such cases, one gets H1 extension approval without new I-94. That's why person needs to get new stamp and re-entry.
*** Not a legal advise ***
____________________________________
Proud Indian-American and Legal Immigrant
Thanks a lot for the information. I understood now how that works after H1B is approved and also to come into H1B status. So, If I apply for H1B extension, Will USCIS expect I-94 which is not older than 6 months or something like that?
*** Not a legal advise ***
____________________________________
Proud Indian-American and Legal Immigrant
Thanks a lot for the information. I understood now how that works after H1B is approved and also to come into H1B status. So, If I apply for H1B extension, Will USCIS expect I-94 which is not older than 6 months or something like that?
more...
bhatt
05-20 12:57 PM
Hello All,
My I485 was filed at TSC and received date is July 26,2007 and notice date is sept 19,2007. MY EAD and AP and other finger prints are done after two months of filed. My priority date (Jun10, 2003) is current for last two months and it is going to retogress after this month end.There is no update for I485 for me and my wife. Now processing times for TSC shows they are working on Aug 08, 2007 filers. In this case cane youguys advice me on following things?
1. Is it good to take Info pass appointment and go for office before end of this month (as it is going to retrogress) and find out status? Before info pass do i need to get any other enquiry?
2. Processing dates for TSC-I485 shows Aug 08, 2007. Is this date recevied date or I485-Notice date?
3.Does Info-pass enquiry cause any negative effects on my I485 processing?
4. Any other guys in the same boat and what you guys are doing?
I really appreciate your advice. Thanks in advance for your good work.
1. If ur attorney is an AILA member, Check ur status through AILA
2. Call the USCIS customer service and submit an SR request
3. do an info-pass to check the status.
Cal the USCIS customer service numer and submit an SR request.
My I485 was filed at TSC and received date is July 26,2007 and notice date is sept 19,2007. MY EAD and AP and other finger prints are done after two months of filed. My priority date (Jun10, 2003) is current for last two months and it is going to retogress after this month end.There is no update for I485 for me and my wife. Now processing times for TSC shows they are working on Aug 08, 2007 filers. In this case cane youguys advice me on following things?
1. Is it good to take Info pass appointment and go for office before end of this month (as it is going to retrogress) and find out status? Before info pass do i need to get any other enquiry?
2. Processing dates for TSC-I485 shows Aug 08, 2007. Is this date recevied date or I485-Notice date?
3.Does Info-pass enquiry cause any negative effects on my I485 processing?
4. Any other guys in the same boat and what you guys are doing?
I really appreciate your advice. Thanks in advance for your good work.
1. If ur attorney is an AILA member, Check ur status through AILA
2. Call the USCIS customer service and submit an SR request
3. do an info-pass to check the status.
Cal the USCIS customer service numer and submit an SR request.
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sammyb
11-28 02:37 PM
I have registered on USCIS website for I-485, AP and EAD. When I logged on today I saw last updated date modified to 11/25/2007.
Email notification for all the registerd cases is turned on. I did not receive any email notification for the updates
Just wondering if some one else in the same boat not receiving emails.
I have given my hotmail email ID, if that matters ?
Any Idea ...
there won't be any mail sent to you ... what ever you have seen is called soft update ...
Email notification for all the registerd cases is turned on. I did not receive any email notification for the updates
Just wondering if some one else in the same boat not receiving emails.
I have given my hotmail email ID, if that matters ?
Any Idea ...
there won't be any mail sent to you ... what ever you have seen is called soft update ...
more...
Rb_newsletter
09-16 01:39 PM
Why even this discussion. there are many who no longer work for the sponsor even before getting the GC. What do you think happens if they find out? have you heard of anybody whose GC was affected?
because this will be a question when the candidate goes for citizenship. If candidate cannot convince the officer that his/her intention was to work with GC sponsor then citizenship may not be given.
because this will be a question when the candidate goes for citizenship. If candidate cannot convince the officer that his/her intention was to work with GC sponsor then citizenship may not be given.
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smartboy75
10-17 04:06 PM
Let me add one more wrinkle:
Do you guys think I would lose my right to use EAD if I move to another employer by transferring my H1B? (I still have 2 years on it).
Please research the forumn for answer to your question...has been discussed a lot of times before...
To answer in short...You will loose your right to use EAD if your I40 is still pending and your employer decides to revoke it...
Do you guys think I would lose my right to use EAD if I move to another employer by transferring my H1B? (I still have 2 years on it).
Please research the forumn for answer to your question...has been discussed a lot of times before...
To answer in short...You will loose your right to use EAD if your I40 is still pending and your employer decides to revoke it...
more...
NKR
11-11 11:24 AM
I would love to trade places with you if I could buddy, so just relax� on the other hand I sympathize with you, a 2001 PD seems so old to me. Being current is the boon, for you to have to stick with the same employer is the curse.
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viva
01-27 08:02 PM
Forget it....It seems there is no interest in people contributing to this site..
cowards...misers....u will repent your miserliness when you do not get any bill with green card relief......at that time, it will too late to do anything.....
cowards...misers....u will repent your miserliness when you do not get any bill with green card relief......at that time, it will too late to do anything.....
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philly2004
06-12 01:30 PM
Any thoughts why EB2 India hasn't gone beyond Apr 04 for over a year.
Is this because of EB3 to EB2 conversions? If so then the likelihood of EB2 - I dates moving a lot in Oct bulletin are low.
Are there any 'guesstimates' out there for the number of EB3 to EB2 conversions?
Is this because of EB3 to EB2 conversions? If so then the likelihood of EB2 - I dates moving a lot in Oct bulletin are low.
Are there any 'guesstimates' out there for the number of EB3 to EB2 conversions?
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plusme
10-18 03:37 PM
Hi,
My I140 got rejected with reason "Education Equivalency" not once but twice, because I just have 3 years of Bachelor's degree (BSc Comp Science) and one year of diploma in computer science.
So my employer reappealed it, now the status of my I-140 is showing as "Sent to AAO" would like to know if there are any chance's of getting I140 approved? Did anyone had this kind of issue. Please reply!
Thank you.
My I140 got rejected with reason "Education Equivalency" not once but twice, because I just have 3 years of Bachelor's degree (BSc Comp Science) and one year of diploma in computer science.
So my employer reappealed it, now the status of my I-140 is showing as "Sent to AAO" would like to know if there are any chance's of getting I140 approved? Did anyone had this kind of issue. Please reply!
Thank you.
more...
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GCA
05-18 06:04 PM
Since the queue for EB3 India is very long, and if many EB3 India people change over to EB2, that will slow down EB2 India and this is what the May 2011 Visa Bulletin also says.
But shouldnt this make EB3 India go faster?
Then why do we see slow movement in EB3 India?
EB3 is currently in mid 2002. All EB3 filers till 2003 and may be early 2004 have waited enough and don't want to port at this time. till mid 2003, most of them received the GC during 2007 From my perspective, I don't even care if it ever comes. Couple of more years on EAD and I am set to go back. Having said that, I will still take the gc anytime it comes and if comes:). Just not after it.
EB3 to EB2 porting is more done by filers from 2004 thru' 2007 and for a good reason too. ( they will not get in a decade if they stay in EB3 unless recapture or other bills goes thru').
So to answer the question, porting will not easy the traffic until the date moves to end of 2003, then you can see some improvement as some of the original EB3's have made a smart choice and probably weree citizens by then.
But shouldnt this make EB3 India go faster?
Then why do we see slow movement in EB3 India?
EB3 is currently in mid 2002. All EB3 filers till 2003 and may be early 2004 have waited enough and don't want to port at this time. till mid 2003, most of them received the GC during 2007 From my perspective, I don't even care if it ever comes. Couple of more years on EAD and I am set to go back. Having said that, I will still take the gc anytime it comes and if comes:). Just not after it.
EB3 to EB2 porting is more done by filers from 2004 thru' 2007 and for a good reason too. ( they will not get in a decade if they stay in EB3 unless recapture or other bills goes thru').
So to answer the question, porting will not easy the traffic until the date moves to end of 2003, then you can see some improvement as some of the original EB3's have made a smart choice and probably weree citizens by then.
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dba9ioracle
09-23 02:19 PM
an email reply saying " ... Based on your request we researched the status of this case. We are actively processing this case. However, we have to perform additional review on this case and this has caused a longer processing time. If you do not receive a decision or other notice of action from us within 6 months of this letter, please call customer service at the number provided below." :rolleyes:
My understanding ... bullshit! You ain't doing nothing.
I got similar letter for my SR regarding EAD. After I got this letter, my EAD was approved in 80 days. My EAD was pending for more than 270 days when my lawyer opened an SR. I got my EAD exactly after 365 days.
I am sure somebody is working on your case.
My understanding ... bullshit! You ain't doing nothing.
I got similar letter for my SR regarding EAD. After I got this letter, my EAD was approved in 80 days. My EAD was pending for more than 270 days when my lawyer opened an SR. I got my EAD exactly after 365 days.
I am sure somebody is working on your case.
more...
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vxg
09-18 04:09 PM
vxg...I disagree with your statement that "stamp...can be forged'. Anything can be forged (e.g. passport, money). If the I-551 is legit what do you have to be afraid of?
wandmaker is correct. Take infopass, tell them you may have to travel soon and get the stamp. I've done it...nothing wrong with that. By the way, since your I-485 is approved, your AP is no longer valid and you should not use it.
What is stated came from my lawyer and a friend of mine ran into trouble in India where immigration folks gave him hard time and did not believe the stamp when he was returning. At US entry point you will be OK with stamp however you need approval notice as local office will not stamp passport without you having the notice.
wandmaker is correct. Take infopass, tell them you may have to travel soon and get the stamp. I've done it...nothing wrong with that. By the way, since your I-485 is approved, your AP is no longer valid and you should not use it.
What is stated came from my lawyer and a friend of mine ran into trouble in India where immigration folks gave him hard time and did not believe the stamp when he was returning. At US entry point you will be OK with stamp however you need approval notice as local office will not stamp passport without you having the notice.
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dexter
12-16 01:37 PM
Hi All,
My perm application was denied and the resson for denial is -
"The newspaper used by the employer to advertise the job opportunity per the mandatory recruitment step provisions is not a newspaper of general circulation in the area of intended employment which has a Sunday circulation"
Once we received the denial, the attorney found out that he made a mistake in the perm application and the news paper mentioned in the perm application was not the news paper in which the advertisement was placed. Now they are filing an appeal to reverse the certifying officers decision. Also the news paper mentioned the perm application is a valid news paper for the area of intended employment. The attorney is submitting evidence to the same.
As I am in the 6th year of my H1b, what are my options? I was out of the country for 88 days in the last 5 years and can use it for H1B recapture.
Would it make sense for me to ask my employer to file for a new perm application or should I wait for the appeal's decision.
Thank you your help.
My perm application was denied and the resson for denial is -
"The newspaper used by the employer to advertise the job opportunity per the mandatory recruitment step provisions is not a newspaper of general circulation in the area of intended employment which has a Sunday circulation"
Once we received the denial, the attorney found out that he made a mistake in the perm application and the news paper mentioned in the perm application was not the news paper in which the advertisement was placed. Now they are filing an appeal to reverse the certifying officers decision. Also the news paper mentioned the perm application is a valid news paper for the area of intended employment. The attorney is submitting evidence to the same.
As I am in the 6th year of my H1b, what are my options? I was out of the country for 88 days in the last 5 years and can use it for H1B recapture.
Would it make sense for me to ask my employer to file for a new perm application or should I wait for the appeal's decision.
Thank you your help.
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alias
02-07 11:07 AM
This is a very genuine concern. I being the only son have worries on the same lines too. Although my parents are healthy and doing fine at this time but I get really get tensed to fathom what is there down the line in another 5 years or so. Bringing them here is not an option, medical insurance will not cover pre-existing condition neither is there any visa other than B2. Two options come to my mind:
1) I take up job which requires lot of travel, back-and-forth to India.
2) I move for good to India.
3) Look for a full-time nurse to be available to take care of them and I travel to India once in every 3 months, may be just for a week or so each time.
All three options put a dent in your life. But I guess the golden period of life is over, remaining period of life will go raising your kids, looking after your parents. Sometimes I like the American culture a lot; you get to enjoy all life long!
1) I take up job which requires lot of travel, back-and-forth to India.
2) I move for good to India.
3) Look for a full-time nurse to be available to take care of them and I travel to India once in every 3 months, may be just for a week or so each time.
All three options put a dent in your life. But I guess the golden period of life is over, remaining period of life will go raising your kids, looking after your parents. Sometimes I like the American culture a lot; you get to enjoy all life long!
beautifulMind
08-02 01:23 PM
I sent money orders for 485. is there a way to track if money orders were cashed by USCIS..the money already left my bank once the money order was issued by my bank
h1denied
03-16 08:17 AM
I was working with Employer-A till 30/Nov/08 and then filed H1 transfer with employer-B. I started working with Employer B on Dec/08/08 as we received the receipt.
My H1B visa transfer with Employer-B was denied on Mar/02/2009 as the contract between Employer-B and Client was not signed by Client.
My current H1B transfer is denied and previous H1B and I-94 is expired.
Current H1B transfer:
Start date: Nov-21-08,
RFE received: Dec-30-08,
RFE responded: Feb-06-09
RFE expiry date: Feb-10-09
Received Denial: Mar-02-09.
Previous H1B with Employer-A expired: Jan-31-09.
I-94 expired: Feb-10-2009.
What are my options? I believe that I am out of status since Mar/02/09 (Denial date). Is there any way that I can stay on H1 status in US? I think H1 transfer is not possible as my current H1 is denied and previous H1 is expired. Can anyone confirm?
If any new employer sponsors H1 for me with premium processing (I think I dont need to go through 2009 lottery system as I have already got H1 in 2006 cap), Is it legal for an employer to sponsor new H1B when beneficiary is out of status in US? Should I leave US and then my new employer can file fresh H1 using same 2006 cap so I dont need to go trhough 2009 lottery. Which is the good option? Should I stay in US or India while filing new H1? Within how much time should I leave the country? Is it ok to overstay for 15-20 days after denial?
Please guide me asap. Thanking you in advance!
My H1B visa transfer with Employer-B was denied on Mar/02/2009 as the contract between Employer-B and Client was not signed by Client.
My current H1B transfer is denied and previous H1B and I-94 is expired.
Current H1B transfer:
Start date: Nov-21-08,
RFE received: Dec-30-08,
RFE responded: Feb-06-09
RFE expiry date: Feb-10-09
Received Denial: Mar-02-09.
Previous H1B with Employer-A expired: Jan-31-09.
I-94 expired: Feb-10-2009.
What are my options? I believe that I am out of status since Mar/02/09 (Denial date). Is there any way that I can stay on H1 status in US? I think H1 transfer is not possible as my current H1 is denied and previous H1 is expired. Can anyone confirm?
If any new employer sponsors H1 for me with premium processing (I think I dont need to go through 2009 lottery system as I have already got H1 in 2006 cap), Is it legal for an employer to sponsor new H1B when beneficiary is out of status in US? Should I leave US and then my new employer can file fresh H1 using same 2006 cap so I dont need to go trhough 2009 lottery. Which is the good option? Should I stay in US or India while filing new H1? Within how much time should I leave the country? Is it ok to overstay for 15-20 days after denial?
Please guide me asap. Thanking you in advance!
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