pappu
11-25 10:15 PM
We should not wait for CIR.
If it happens its great, but if it does not, then we should have plans ready now. There needs to be effort with the new administration for administrative relief and also to continue the dialog with USCIS and DOL that we have now. We also need to meet lawmakers again in the new congress and see any opportunities for us. All background work needs to happen long before there is even a mention of CIR timeline by lawmakers.
If it happens its great, but if it does not, then we should have plans ready now. There needs to be effort with the new administration for administrative relief and also to continue the dialog with USCIS and DOL that we have now. We also need to meet lawmakers again in the new congress and see any opportunities for us. All background work needs to happen long before there is even a mention of CIR timeline by lawmakers.
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TeddyKoochu
06-25 02:21 PM
Hi Gurus / Attorneys,
I have come to this country in 1999 and have worked for company A and after 7 years , I transferred my H1B to company B based company A's approved I-140 in 2007 before July fiasco. Hence missed the July 2007.
Now I have been working for company B for the last 3 years and got my I-140 approved again and applied for H1B extension. Received RFE asking for client letter.
Client was reluctant to give the letter and my H1B got denied.
Asking client for the letter : Client says that they can't give a letter, it's against their company policy :confused:
My Options :
1. MTR : I am not sure if I can get the client letter to open MTR and also file a new H1 in parallel.
2. Go back to my home country : My employer said that they will apply for a new H1B for consular processing (does this come under quota ?)
I own a home here and now leaving everything in a week is making me worried.
Also my priority date is Nov 2002 under EB3 and I am not sure how I can pursue this from my home country, if needed.
Thanks in advance for all your help and suggestions !!
I think your best bet is to expedite all documents suggested by Pbuckeye, If its a direct client then your employer must have all of MSA/SOW/PO, they should have been sent at the first place or atleast at RFE time. Also if possible try to capture some of your timesheets and work emails; I know some people have used this as evidence. You may also provide the contact details of your manager like phone / email, I have seen instances that when the letter has not been provided USCIS has contacted the manager and all they have to confirm is that you work with them and how long tentatively in the future (This can be counterproductive as well if the response is cold). Iam not sure but if your H1B extension is denied and you have filed a MTR whether you can work legally assuming I94 expired, please check this with your attorney.
With your PD you are atleast 3-4 years from filing 485, worst case if you have to go back you can convert to CP assuming the future job offer from the petitioning company is valid. It’s a very sad situation I hope that your MTR gets approved, all the best.
I have come to this country in 1999 and have worked for company A and after 7 years , I transferred my H1B to company B based company A's approved I-140 in 2007 before July fiasco. Hence missed the July 2007.
Now I have been working for company B for the last 3 years and got my I-140 approved again and applied for H1B extension. Received RFE asking for client letter.
Client was reluctant to give the letter and my H1B got denied.
Asking client for the letter : Client says that they can't give a letter, it's against their company policy :confused:
My Options :
1. MTR : I am not sure if I can get the client letter to open MTR and also file a new H1 in parallel.
2. Go back to my home country : My employer said that they will apply for a new H1B for consular processing (does this come under quota ?)
I own a home here and now leaving everything in a week is making me worried.
Also my priority date is Nov 2002 under EB3 and I am not sure how I can pursue this from my home country, if needed.
Thanks in advance for all your help and suggestions !!
I think your best bet is to expedite all documents suggested by Pbuckeye, If its a direct client then your employer must have all of MSA/SOW/PO, they should have been sent at the first place or atleast at RFE time. Also if possible try to capture some of your timesheets and work emails; I know some people have used this as evidence. You may also provide the contact details of your manager like phone / email, I have seen instances that when the letter has not been provided USCIS has contacted the manager and all they have to confirm is that you work with them and how long tentatively in the future (This can be counterproductive as well if the response is cold). Iam not sure but if your H1B extension is denied and you have filed a MTR whether you can work legally assuming I94 expired, please check this with your attorney.
With your PD you are atleast 3-4 years from filing 485, worst case if you have to go back you can convert to CP assuming the future job offer from the petitioning company is valid. It’s a very sad situation I hope that your MTR gets approved, all the best.
chanduv23
07-25 12:13 PM
Gurus, tell me one thing.
After invoking AC21, what will happen if one is out of job at the time of RFE or NOID request from USCIS?
It is best that you never be out of job. If you lose job, try to get one ASAP. It normally takes a month or two to get one if you work hard and try
After invoking AC21, what will happen if one is out of job at the time of RFE or NOID request from USCIS?
It is best that you never be out of job. If you lose job, try to get one ASAP. It normally takes a month or two to get one if you work hard and try
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CCC2006
10-04 03:32 PM
Hi there,
There is premium processing available for 140 but like for everything else that is premium .. u have to pay a premium for it. I believe $1k.
Best of luck.
There is premium processing available for 140 but like for everything else that is premium .. u have to pay a premium for it. I believe $1k.
Best of luck.
more...
lskreddy
06-10 07:56 PM
Well, at least someone will benefit out of this.
I hope this is a precursor to something more broader..
I hope this is a precursor to something more broader..
johny120
08-24 08:52 AM
So just to be clear:
What most of you on this forum are suggesting is that I should apply for EAD/AP right away and also maintain my H1.
Do I need to go through my lawyer to apply for EAD/AP or I can apply it on my own? What is the USCIS fees for the same?
TIA
What most of you on this forum are suggesting is that I should apply for EAD/AP right away and also maintain my H1.
Do I need to go through my lawyer to apply for EAD/AP or I can apply it on my own? What is the USCIS fees for the same?
TIA
more...
paskal
07-24 02:04 AM
Thanks Fromnaija!
Good info :)
Good info :)
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JK747
07-16 09:25 AM
That does not make sense! Peaople on H4 are not allowed to work, period! Thats how the Visa category is defined. Now, how will one on H4 to work? Enter EAD! So, while EAD allows him/her to work, it changes the Visa status (be it H1 or H4) to AOS. It does not matter if you travel outside or not.
I do not know how you extended your spouse's H4 with the help of the attorney. It is an error on USCIS part, may be because you (or your spouse's employer) have not notified the USCIS about your spouse using the EAD for employment.
Micofrost is CORRECT. My wife is on H4 and working on EAD currently. My lawyer had also confirmed that working on EAD does not affect H4 status.
I do not know how you extended your spouse's H4 with the help of the attorney. It is an error on USCIS part, may be because you (or your spouse's employer) have not notified the USCIS about your spouse using the EAD for employment.
Micofrost is CORRECT. My wife is on H4 and working on EAD currently. My lawyer had also confirmed that working on EAD does not affect H4 status.
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desi3933
05-21 06:50 AM
I understand two I-140s, one existing (EB-3) and second new I-140 (EB2), but you have also mentioned more. Why need more than two, in what circumstances?
Example -
PD Jan 2002 EB-3 I-140 (Job Title: Senior Programmer)
Filed new I-140 on March 2004 for EB-2 I-140 (Job Title: Project Manager) and claimed earlier PD of Jan 2002
Filed new I-140 on Feb 2009 for EB-1 I-140 (Job Title: Director Software Division) and claimed earlier PD of Jan 2002
Beneficiary can claim PD of Jan 2002 with his EB-1 I-140.
Please note that I-140s can belong to any employer, but they all must belong to same beneficiary.
_________________________
Not a legal advice.
US citizen of Indian origin
.
Example -
PD Jan 2002 EB-3 I-140 (Job Title: Senior Programmer)
Filed new I-140 on March 2004 for EB-2 I-140 (Job Title: Project Manager) and claimed earlier PD of Jan 2002
Filed new I-140 on Feb 2009 for EB-1 I-140 (Job Title: Director Software Division) and claimed earlier PD of Jan 2002
Beneficiary can claim PD of Jan 2002 with his EB-1 I-140.
Please note that I-140s can belong to any employer, but they all must belong to same beneficiary.
_________________________
Not a legal advice.
US citizen of Indian origin
.
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jsb
01-26 09:41 AM
If I check my case online I see following
On July 24, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail ...
On Receipt Notice I-797C -Notice of Action I see following
Received Date : June 25, 2007
Notice Date : July 25, 2007
I dont know why online case status says that "On July 24, 2007, we received ...."
Do anyone of you see such date mismatch.
Thanks,
Yes, this is very common. See my post of 01/23/2009 above. In my case, and many others, this difference is of several months (RD is July 2,'07, but online RD is Oct 11,'07, which made me down in the list for processing sequence by 1000's of cases)
On July 24, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail ...
On Receipt Notice I-797C -Notice of Action I see following
Received Date : June 25, 2007
Notice Date : July 25, 2007
I dont know why online case status says that "On July 24, 2007, we received ...."
Do anyone of you see such date mismatch.
Thanks,
Yes, this is very common. See my post of 01/23/2009 above. In my case, and many others, this difference is of several months (RD is July 2,'07, but online RD is Oct 11,'07, which made me down in the list for processing sequence by 1000's of cases)
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yabadaba
04-07 09:50 AM
This is the question on the N400 (application for citizenship)
"Where have you worked (or, if you were a student, what schools did you attend) during the last five years? Include military service.Begin with your current or latest employer and then list every place you have worked or studied for the last five years. If you need more space, use a separate sheet of paper."
what if a person changes his job immidiately after 485 approval and does not apply for citizenship until 6 years?
"Where have you worked (or, if you were a student, what schools did you attend) during the last five years? Include military service.Begin with your current or latest employer and then list every place you have worked or studied for the last five years. If you need more space, use a separate sheet of paper."
what if a person changes his job immidiately after 485 approval and does not apply for citizenship until 6 years?
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vsrinir
11-25 09:04 AM
http://www.ilw.com/immigdaily/digest/2008,1125.shtm
The Detroit Free Press quotes Senate Majority Leader Reid "On immigration, there's been an agreement between [Mr.] Obama and [Mr.] McCain to move forward on that. ... We'll do that"; and "We've got McCain and we've got a few others. I don't expect much of a fight at all." A report in The Cherry Hill Courier Post quotes a spokesman for the Senate Majority Leader "[Mr. Reid] plans to take up immigration reform but is still working with the new administration on timing ... House leaders also have promised to consider measures." As to when comprehensive immigration reform will come up before Congress, Immigration Daily has learnt that it will come to the floor early in 2009 though it is not currently planned for Mr. Obama's first 100 days. The Cherry Hill Courier Post quotes Sen. Menendez "If lawmakers don't consider the issue early, it could 'slide into midterms' -- the 2010 election -- and again become a contentious campaign issue. This is one of those issues that needs to be done early on."
Sen. Menendez and Rep. Gutierrez are on the warpath for early passage of CIR in the 111th Congress. Sen. Menendez had the courage to singlehandedly block a five year extension of E-Verify, and will doubtless push for a significant immigration benefits downpayment before March 6th when E-Verify is set to expire. Rep. Gutierrez and the House Hispanic caucus successfully blocked immigration benefits legislation in the 110th Congress to ensure continued support for CIR. The election results have strenghthened the hand of CIR supporters in Congress. We believe that Sen. Menendez and Rep. Gutierrez are on the right track, and urge immigration advocates to support their efforts.
The Detroit Free Press quotes Senate Majority Leader Reid "On immigration, there's been an agreement between [Mr.] Obama and [Mr.] McCain to move forward on that. ... We'll do that"; and "We've got McCain and we've got a few others. I don't expect much of a fight at all." A report in The Cherry Hill Courier Post quotes a spokesman for the Senate Majority Leader "[Mr. Reid] plans to take up immigration reform but is still working with the new administration on timing ... House leaders also have promised to consider measures." As to when comprehensive immigration reform will come up before Congress, Immigration Daily has learnt that it will come to the floor early in 2009 though it is not currently planned for Mr. Obama's first 100 days. The Cherry Hill Courier Post quotes Sen. Menendez "If lawmakers don't consider the issue early, it could 'slide into midterms' -- the 2010 election -- and again become a contentious campaign issue. This is one of those issues that needs to be done early on."
Sen. Menendez and Rep. Gutierrez are on the warpath for early passage of CIR in the 111th Congress. Sen. Menendez had the courage to singlehandedly block a five year extension of E-Verify, and will doubtless push for a significant immigration benefits downpayment before March 6th when E-Verify is set to expire. Rep. Gutierrez and the House Hispanic caucus successfully blocked immigration benefits legislation in the 110th Congress to ensure continued support for CIR. The election results have strenghthened the hand of CIR supporters in Congress. We believe that Sen. Menendez and Rep. Gutierrez are on the right track, and urge immigration advocates to support their efforts.
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Appu
07-09 02:38 PM
Both my wife and I applied for our AOS together during the July fiasco. My wife received a RFE for another medical exam today. We both did our medical at the same time and were submitted with the AOS application but only my wife received the RFE for medical. I did receive another RFE but not for medical.
Why would she receive the RFE for medical? Does the medical exam also expire as the finger print does? If it does expire then why would only one of us receive the medical RFE and not the other?
1) Did you both get TB tested? The rules have changed. This is the most common cause for an RFE on medical exam.
2) Is she on any medication? Sometimes this requires a certificate from the prescribing physician. No big deal
Overall, there is probably no cause to worry about this. In fact, this could mean you are close to being approved. Same thing happened to me (see my history in my sig line).
Why would she receive the RFE for medical? Does the medical exam also expire as the finger print does? If it does expire then why would only one of us receive the medical RFE and not the other?
1) Did you both get TB tested? The rules have changed. This is the most common cause for an RFE on medical exam.
2) Is she on any medication? Sometimes this requires a certificate from the prescribing physician. No big deal
Overall, there is probably no cause to worry about this. In fact, this could mean you are close to being approved. Same thing happened to me (see my history in my sig line).
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eb3_nepa
07-09 02:05 PM
Try complaining to the local Bar association. Thats the advice someone gave me. Also try the Better Business Bureau.
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Pagal
12-03 02:39 PM
Hello,
As you have aged out, please check whether your 485 is still considered as 'dependent' or whether you are now a 'primary' applicant.
If you are primary, staying out of country before GC issue is legally fine (though you may need to prove to IO at PoE as to why you want to enter US before GC is issued).
If your I-485 was dependent, there should not be any restriction on you staying out of country for extended periods of time.
Of course, pl consult an experienced attorney before making any decision...good luck w LSE...beautiful school in a beautiful city! :)
As you have aged out, please check whether your 485 is still considered as 'dependent' or whether you are now a 'primary' applicant.
If you are primary, staying out of country before GC issue is legally fine (though you may need to prove to IO at PoE as to why you want to enter US before GC is issued).
If your I-485 was dependent, there should not be any restriction on you staying out of country for extended periods of time.
Of course, pl consult an experienced attorney before making any decision...good luck w LSE...beautiful school in a beautiful city! :)
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yak2121
03-25 12:36 AM
We are most fortunate, thanks to Mr. Bill Gates, Rep Smith's current bill will triple our h1b cap and it will pass. all 3 american candidates support us. we are winning:D:D:D
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shivarajan
11-23 10:41 PM
ICICI is worst when it comes to exchange rates:
I have used many transfer services in past years so far and these are worth mentioning.
In Order of exchange rates:
-SBI Online (Now simple to register too and very nice one)
-Remit2India (has specials, but careful they don't fullfill it)
-HDFC (Internally uses same service of remit2India)
-CityBank
-ICICI
-Western Union
Remember all of them ask for SSN nowadays and having SSN on some unreliable site databases may be little risky.
:D
I have used many transfer services in past years so far and these are worth mentioning.
In Order of exchange rates:
-SBI Online (Now simple to register too and very nice one)
-Remit2India (has specials, but careful they don't fullfill it)
-HDFC (Internally uses same service of remit2India)
-CityBank
-ICICI
-Western Union
Remember all of them ask for SSN nowadays and having SSN on some unreliable site databases may be little risky.
:D
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chakdepatte
12-10 11:43 AM
Just throw away your legal papers. change your name, show your photograph with the statue of liberty and declare yourself illegal in the country for last 5 years. go to school, enjoy a better in-state tuition and get a better job. Green Card Voila!!!!
Dream act just proves that nothing will be done for hard working non shitizens. Legals should work and wait or leave as they dont have any DREAM. And yes we got a spineless president on that.
Keep dreaming. DREAM act ain't going anywhere.
Oye chuck they fatte.
Dream act just proves that nothing will be done for hard working non shitizens. Legals should work and wait or leave as they dont have any DREAM. And yes we got a spineless president on that.
Keep dreaming. DREAM act ain't going anywhere.
Oye chuck they fatte.
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randomdude
12-07 12:34 PM
I have my EAD for a rainy day.
In some cases where transfers from one center to another affected the RD, the concept is gray. if you are a risk taker you can try to swing it, but I do not recommend it. Check the RD on your 485 receipt. If it is 180 days from that date you are fine.
The only problem that can come by moving earlier is your employer may revoke your 140. There is no reason for them to do it, except out of spite (earlier they had the advantage of reusing the labor for someone else). If your relations with your employer will be smooth even after you move on, then that risk is alleviated.
Also remember that your 140 should be approved before you invoke AC21 to avoid potential problems from that area.
Thanks again for your reply KaiserSose
FYI, I sent my app to NSC and got a receipt from them. Then it got transferred to TSC which sent me a notice after 2 months. I do have the correct date on my receipt from NSC though and will wait for 180 days to finish based on this receipt date. I hope that eliminates all the risk, right?
As far as I140 goes, its already approved. :)
I am guessing there are no issues with me moving to AC21, correct?
In some cases where transfers from one center to another affected the RD, the concept is gray. if you are a risk taker you can try to swing it, but I do not recommend it. Check the RD on your 485 receipt. If it is 180 days from that date you are fine.
The only problem that can come by moving earlier is your employer may revoke your 140. There is no reason for them to do it, except out of spite (earlier they had the advantage of reusing the labor for someone else). If your relations with your employer will be smooth even after you move on, then that risk is alleviated.
Also remember that your 140 should be approved before you invoke AC21 to avoid potential problems from that area.
Thanks again for your reply KaiserSose
FYI, I sent my app to NSC and got a receipt from them. Then it got transferred to TSC which sent me a notice after 2 months. I do have the correct date on my receipt from NSC though and will wait for 180 days to finish based on this receipt date. I hope that eliminates all the risk, right?
As far as I140 goes, its already approved. :)
I am guessing there are no issues with me moving to AC21, correct?
lskreddy
08-31 12:28 PM
Don't pay any attention to this stupid poll. Can you imagine what the poll would look like if it is conducted with-in IV? Something like: 99% yes, 1% No.
arunmohan
02-04 05:03 PM
Hello All:
Please let us meet in the weekdays for lunch. Please decide day and time. I will be there.
Please let us meet in the weekdays for lunch. Please decide day and time. I will be there.
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