cool_desi_gc
08-22 12:48 PM
Paper filed to TSC and my 485 is pending at NSC
PD: EB3 Dec 2002
EAD sent to TSC on July 10th
RD: Jul 11th
ND: Jul13th
EAD expiring on Oct 3rd.So my countdown started.
This is scary man...
PD: EB3 Dec 2002
EAD sent to TSC on July 10th
RD: Jul 11th
ND: Jul13th
EAD expiring on Oct 3rd.So my countdown started.
This is scary man...
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crazyAbtUS
08-14 11:36 PM
I was told by my attorney's office that the application will be rejected if re-filed. I have read though threads which claim that multiple filing is fine, but dont know what to trust!
I480 filed - July,02, waiting for RD/ND
I140, RD-11/03/06, LUD-11/11/07(NSC), Waiting for approval.
I480 filed - July,02, waiting for RD/ND
I140, RD-11/03/06, LUD-11/11/07(NSC), Waiting for approval.
kaisersose
11-30 03:40 PM
They will not approve a derivative case without approving the principal. USCIS does not follow FIFO, so though it is possible they picked up a 485 application from July, the second problem of having a PD available kicks in.
So for this approval to be valid, some IO should have
1. Picked up a July application for processing
2. Ignored the PD requirement
3. Approved the derivative without bothering to first approve the primary.
Three mistakes together is impossible. It is just a data entry error.
So for this approval to be valid, some IO should have
1. Picked up a July application for processing
2. Ignored the PD requirement
3. Approved the derivative without bothering to first approve the primary.
Three mistakes together is impossible. It is just a data entry error.
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supu
12-02 12:16 AM
Same case with me. Its been 20 days in Texas Center.
Actually when i call 3 Agents say its been posted , 1 says , The documnet was never produced.
The postal office does not loose AP. Its USCIS people who dont send them , but just chage the status.........
I have no hope of receing it now.
Actually when i call 3 Agents say its been posted , 1 says , The documnet was never produced.
The postal office does not loose AP. Its USCIS people who dont send them , but just chage the status.........
I have no hope of receing it now.
more...
eb3_nepa
07-20 03:49 PM
Hello Gurus,
I have a question about H1 and L1.
Is it possible for one human being to have a simaltaneous H1 and an L1 visa AT THE SAME TIME. Now before everyone starts thinking i am crazy or laughing hysterically, let me explain my logic.
I have an H1 in a company who has a partner in Canada. I am thinking if i can somehow (IFF possible) without giving up my H1, get a simaltaneous L1 from the Canadian company in a sister concern of my US based company, then my wife could get an L2 and hence get a work permit.
So the plan is:
1) KEEP the original H1B
2) Get the Canadian partner to sponsor A PARALLEL L1 for a job in a sister company of my current company.
3) Apply for an L2 for my wife and get her work permit/SSN.
Now my questions are:
1) Is this possible AT ALL?
2) Can the L1 be extended? and is there any problem/caveat with L1 visas as compared to H1B?
3) My 6 years of H1B are up in 1.5 years so would my wife still be able to keep her L2?
Gurus can you give me some guidance. This tactic can be used by more of you as well, if you are a victim of retrogression and your spouse cant work.
I have a question about H1 and L1.
Is it possible for one human being to have a simaltaneous H1 and an L1 visa AT THE SAME TIME. Now before everyone starts thinking i am crazy or laughing hysterically, let me explain my logic.
I have an H1 in a company who has a partner in Canada. I am thinking if i can somehow (IFF possible) without giving up my H1, get a simaltaneous L1 from the Canadian company in a sister concern of my US based company, then my wife could get an L2 and hence get a work permit.
So the plan is:
1) KEEP the original H1B
2) Get the Canadian partner to sponsor A PARALLEL L1 for a job in a sister company of my current company.
3) Apply for an L2 for my wife and get her work permit/SSN.
Now my questions are:
1) Is this possible AT ALL?
2) Can the L1 be extended? and is there any problem/caveat with L1 visas as compared to H1B?
3) My 6 years of H1B are up in 1.5 years so would my wife still be able to keep her L2?
Gurus can you give me some guidance. This tactic can be used by more of you as well, if you are a victim of retrogression and your spouse cant work.
gcdreamer05
01-21 01:22 PM
Man wish it was true, or atleast let them make the damn thing current again so that i can file 485 for my wife.... atleast she gets EAD to start working......... and i can also get stimulus benefit...
more...
ss2005
07-24 10:17 AM
Hi hydubadi,
I am aslo in same situation ... FNU and Pending 485.
My attorney says... just write a letter after chaning the name in passport. Mine is a name split issue.
My old passport has Last Name = Last Name + First NAme and First NAme = Blank and visa etc it is FNU
I got my H1B visa inside the US and when I went to the consulate, the lady refused to stamp my visa. I had to go to the passport office and get an "observation" that my name should be read as
First Name : "FirstName"
Last Name : "LastName"
I am aslo in same situation ... FNU and Pending 485.
My attorney says... just write a letter after chaning the name in passport. Mine is a name split issue.
My old passport has Last Name = Last Name + First NAme and First NAme = Blank and visa etc it is FNU
I got my H1B visa inside the US and when I went to the consulate, the lady refused to stamp my visa. I had to go to the passport office and get an "observation" that my name should be read as
First Name : "FirstName"
Last Name : "LastName"
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pamposh
10-26 08:34 AM
Do not believe on online status. Couple of my frds got their EAD and still online status is " Case Received and Pending". Looks like they are not updating the status on regular basis.
I am one of those as well. My online status shows the regular "case received on so n so" message. I got my EAD about 10 days ago n so is with my spouse.
I am one of those as well. My online status shows the regular "case received on so n so" message. I got my EAD about 10 days ago n so is with my spouse.
more...
pbojja
03-30 11:30 PM
Congratulations !! When was your last FP done ? Did you get the second FP ?
Thanks ..October 2007 . No second FP
Thanks ..October 2007 . No second FP
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avi
01-10 09:00 PM
Me (and two of my colleagues are) in the same boat!
July first week filer -
Receitps /EAD/AP received for both me and my wife
No FP for either of us .. same is the case with the others
July first week filer -
Receitps /EAD/AP received for both me and my wife
No FP for either of us .. same is the case with the others
more...
kishdam
03-17 10:18 AM
I was reading at immigration-law.com that a new bill SUSTAIN act is introduced by Lamar Smith in the house and is referred to the judiciary committee. This bill seems proposing the increase of H1B numbers from 65k to 195k. Does this bill have any EB related measures? This bill may be unlikely to get voted anytime soon but if it has some EB measures at least we get some exposure.
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anilsal
07-30 06:36 AM
W2s to indicate annual salaries in the last 1-3 years such that they know that you made at least as much as the labor application said.
more...
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ireddy
08-11 02:01 PM
I applied for passport renewal (Chicago consulate) without name change form. In the Online application, I splitted the name as needed (earlier my name was under Given name). The renewal passport was sent to me with the way I entered the name (splitting) without any additional forms or affidavits.
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raysaikat
06-10 10:18 PM
I'm confused - Everyone who has a 140 is supposed to have a Labor and very likely that will be more than 365 days old. So why do anyone need 140 approval in that sense ?
And not all EB applicants have labor. EB1 and EB2-NIW have no labor. Such applicants would benefit greatly from this rule since USCIS is taking a ridiculous amount of time to adjudicate I-140's.
And not all EB applicants have labor. EB1 and EB2-NIW have no labor. Such applicants would benefit greatly from this rule since USCIS is taking a ridiculous amount of time to adjudicate I-140's.
more...
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tinku01
07-16 04:22 PM
Bluez,
How are you planning to get PCC from consulate. I live in colorado and going to SFO would be very expensive as well as time consuming. Do you know how much time consulate would take through mail? I am skeptical whether they would send my passport back by Aug 15 or not as I am planing to leave on Aug 15.
How are you planning to get PCC from consulate. I live in colorado and going to SFO would be very expensive as well as time consuming. Do you know how much time consulate would take through mail? I am skeptical whether they would send my passport back by Aug 15 or not as I am planing to leave on Aug 15.
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indianindian2006
10-09 08:34 PM
My RFE is with regards to Employer's ability to pay. Somehow, my employer hasn't submitted anything yet and the deadline is on Thurs Oct. 11. What will happen if we are not able to submit anything by the deadline? Will the app automatically get denied?
According to what I have read,if the additional evidence is not sent out by the deadline then they will decide the case with the evidence that they have on hand,which is most likely not enough for them to approve the case.After they decide the case and if it goes against you then your option is motion to reopen the case or an appeal.Contact your employer and attorney to send the papers ASAP.
Good luck.
According to what I have read,if the additional evidence is not sent out by the deadline then they will decide the case with the evidence that they have on hand,which is most likely not enough for them to approve the case.After they decide the case and if it goes against you then your option is motion to reopen the case or an appeal.Contact your employer and attorney to send the papers ASAP.
Good luck.
more...
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extra_mint
04-22 11:49 AM
I got the exact same RFE and I am with the same employer (though company name changed due to merger) since start. I got RFE last week only so I am working on the response
Based on my research the response should be
List of job duties (this should match with what was in your Labor) and if the title differs then you can give details that new titile has same job duties as the old job title
Also I checked this is pretty normal RFE (many people get it)
Check the link below
http://immigrationplus.blogspot.com/2006/07/i-485-rfe-employment-verification.html[/URL]
Sorry, the reason I meant strange was due to the nature of questions - different from the RFE's received currently by many of the IV members.
Sorry for the confusion. But please do help me if you have any inputs.
In my response to the RFE should I say that my job title in my LC/I-140 position as being my current position or the one in H1-B visa application?
Based on my research the response should be
List of job duties (this should match with what was in your Labor) and if the title differs then you can give details that new titile has same job duties as the old job title
Also I checked this is pretty normal RFE (many people get it)
Check the link below
http://immigrationplus.blogspot.com/2006/07/i-485-rfe-employment-verification.html[/URL]
Sorry, the reason I meant strange was due to the nature of questions - different from the RFE's received currently by many of the IV members.
Sorry for the confusion. But please do help me if you have any inputs.
In my response to the RFE should I say that my job title in my LC/I-140 position as being my current position or the one in H1-B visa application?
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jsb
11-14 12:11 PM
Well, are you sure I would need to work for this "future employer" for 6 months?
AC21 does not have a limit on the number of times you switch employers. Technically, if you were working for Employer A at the time of the RFE and submit a EVL from Employer A, you could then switch to Employer B immediately on AC21. In this scenario, I haven't worked with A for 6 months.
Is this scenario different because A is not a future employer?
With LC, I-140 and I-485 process, intentions of employee/employer relationship are expected to be bonafide, otherwise it would be fraud. Although a lot of people mention here, and some attorneys suggest, to work for 6 months for the sponsoring employer, there doesn't appear to be any law on that. Circumstances can change any time (AC21 supports that). Therefore, six month, or whatever period you may want to fix, is merely to strength the case that the sponsorship was bonafide. AC21 guidelines are quite lenient in that matter.
Bottomline is whatever happened, or you can provide, to support that there was no fraudulent intent, you are fine. If situation is not clear, and someone decides to contend, courts may come into picture.
Some people mention that six-month working could haunt you at citizenship time, but I doubt that. USCIS have a lot of other things to look at. If you have been a good citizen until then you should be fine.
AC21 does not have a limit on the number of times you switch employers. Technically, if you were working for Employer A at the time of the RFE and submit a EVL from Employer A, you could then switch to Employer B immediately on AC21. In this scenario, I haven't worked with A for 6 months.
Is this scenario different because A is not a future employer?
With LC, I-140 and I-485 process, intentions of employee/employer relationship are expected to be bonafide, otherwise it would be fraud. Although a lot of people mention here, and some attorneys suggest, to work for 6 months for the sponsoring employer, there doesn't appear to be any law on that. Circumstances can change any time (AC21 supports that). Therefore, six month, or whatever period you may want to fix, is merely to strength the case that the sponsorship was bonafide. AC21 guidelines are quite lenient in that matter.
Bottomline is whatever happened, or you can provide, to support that there was no fraudulent intent, you are fine. If situation is not clear, and someone decides to contend, courts may come into picture.
Some people mention that six-month working could haunt you at citizenship time, but I doubt that. USCIS have a lot of other things to look at. If you have been a good citizen until then you should be fine.
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lost_in_migration
05-15 08:29 AM
Not many replies from Non-Indian categories :(
jthomas
05-06 03:44 PM
This conference is for lawyers and employers and organized by lawyers. The organizers are charging fees for it too.
So what will IV gain by meeting lawyers and paying money to just get in?
Or by showing our face to USCIS official, Do you think by showing your face you will get your greencard and can promote IV? If that is true why don't you go and sit in front of USCIS and show your face to everyone entering that building?
And if you want to go then go. Why do you want IV to pay your $350?
Doing something is always better than doing nothing. If IV members would go for the meeting there are chances that they would meet some people and talk to them. In the next meeting these people would go to the stage and talk about IV. If one does not do anything there is a high chance that one would do anything in future.
Please motivate IV members to do something. It does not matter whether it would bear results or not. After few errors they would be doing better and right things. Lets walk the talk and not talk talk talk.
So what will IV gain by meeting lawyers and paying money to just get in?
Or by showing our face to USCIS official, Do you think by showing your face you will get your greencard and can promote IV? If that is true why don't you go and sit in front of USCIS and show your face to everyone entering that building?
And if you want to go then go. Why do you want IV to pay your $350?
Doing something is always better than doing nothing. If IV members would go for the meeting there are chances that they would meet some people and talk to them. In the next meeting these people would go to the stage and talk about IV. If one does not do anything there is a high chance that one would do anything in future.
Please motivate IV members to do something. It does not matter whether it would bear results or not. After few errors they would be doing better and right things. Lets walk the talk and not talk talk talk.
backtoschool
12-28 12:32 PM
I spoke to some one and he has told me the following:
(1) Yes, you can take off of education outside US . Make sure that employer does not revoke I-140. And uey, ofcourse you will be returning for a similar job.. ( Yeh right I will do the same job after investing in MBA. LOL. I wont.. its on paper)
(2) EAD and AP can be applied on one;s behalf in his or her abscence from the US. The catch is that one must return tothe US before the AP that you used to exit before it expires. So the plan would be apply for new AP in your abscence as soon as it is approved return to US for a day or two pick the new one and exit again.
(3) 485/GC is for future jobs.
(4) Looks like it is possible.. this is :"similar to a situation where in yoru co decides to send you to a mission outside US for extended period.
Other questions for folks who asked me:
My stats
EB3 - india
PD Jul 2002
No, i am not stuck in the name check stuff. Just the BS wait!!!
SO, guys who else is moving outside US for education?
(1) Yes, you can take off of education outside US . Make sure that employer does not revoke I-140. And uey, ofcourse you will be returning for a similar job.. ( Yeh right I will do the same job after investing in MBA. LOL. I wont.. its on paper)
(2) EAD and AP can be applied on one;s behalf in his or her abscence from the US. The catch is that one must return tothe US before the AP that you used to exit before it expires. So the plan would be apply for new AP in your abscence as soon as it is approved return to US for a day or two pick the new one and exit again.
(3) 485/GC is for future jobs.
(4) Looks like it is possible.. this is :"similar to a situation where in yoru co decides to send you to a mission outside US for extended period.
Other questions for folks who asked me:
My stats
EB3 - india
PD Jul 2002
No, i am not stuck in the name check stuff. Just the BS wait!!!
SO, guys who else is moving outside US for education?
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