gcpadmavyuh
09-21 03:58 PM
You both are right!
Employer can revoke an unapproved 140 any time, but the revocation does not affect your 485 approval. The IO will approve your 485 in due course if 140 was approvable at the time of application (ie, if it has'nt been revoked).
However the trouble with invoking AC21 without 140 being approved is when there is an RFC. This 140 was not approvable at the time of application, because of additional documentation requirement... The original employer should be willing to answer it or else 140 will be denied and so will the 485.
Can someone use AC21 if the I-140 is not approved? I think it is risky because employer can revoke I-140 and you will be OOS
employer can revoke the I-140 at any time. If you have crossed 180 days since filing I-485, the revocation does not effect your I-485 approval.
Employer can revoke an unapproved 140 any time, but the revocation does not affect your 485 approval. The IO will approve your 485 in due course if 140 was approvable at the time of application (ie, if it has'nt been revoked).
However the trouble with invoking AC21 without 140 being approved is when there is an RFC. This 140 was not approvable at the time of application, because of additional documentation requirement... The original employer should be willing to answer it or else 140 will be denied and so will the 485.
Can someone use AC21 if the I-140 is not approved? I think it is risky because employer can revoke I-140 and you will be OOS
employer can revoke the I-140 at any time. If you have crossed 180 days since filing I-485, the revocation does not effect your I-485 approval.
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ramus
07-06 10:43 AM
It is not easy to ask anything we like. Recapturing visa need bill in both house and senate. IV is working hard on many action items. Please start taking part in all action items asap.
Thanks for your support.
As part of Class action lawsuit can we ask for recapturing of all unused visa numbers? I believe the number is at least 300K, it covers the green cards for 2003, 2004 and 2005. 2006 can go with 2008 quota. So everyone will be happy.
I believe this is the provision we should fight for instead of CIRcus.
What are your thoughts?
Thanks
Sree
Thanks for your support.
As part of Class action lawsuit can we ask for recapturing of all unused visa numbers? I believe the number is at least 300K, it covers the green cards for 2003, 2004 and 2005. 2006 can go with 2008 quota. So everyone will be happy.
I believe this is the provision we should fight for instead of CIRcus.
What are your thoughts?
Thanks
Sree
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memyselfandus
10-07 09:57 AM
Hi, I just got the H1 extension receipt, did you gave expired I94 when you travel ?
Thx
You need to always hand over your I94; whether it is expired or not. When you re-enter into this country you will be issued I94 based on either your h1b or AP or what ever visa you might have that is effective at the time ...
Thx
You need to always hand over your I94; whether it is expired or not. When you re-enter into this country you will be issued I94 based on either your h1b or AP or what ever visa you might have that is effective at the time ...
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perm2gc
05-22 01:30 PM
OK, my bad for getting the name of the lobbying firm wrong. The moderator is free to change the name of the thread.
Anyway, now that I know that the name is Patton Boggs, doesn't anyone (out of curiosity) want to get their point of view? What does PB have to say about the fact that none of the provisions for legal immigrants went into the CIR? What's their take on the chances that favorable amendments for legal immigrants will make it?
Of course there are no guarantees in life. No one's going to say IV didn't try hard enough even if the CIR in the current form passes. Likewise, I am not saying PB hasn't done much or did not deliver. My questions do not reflect IV's choice to go with PB.
As I said, it just would be interesting to know ... ...
But if no one else finds it interesting, ignore this thread. Don't reply to it.
Thanks,
Jayant
Please stop thinking about what our lobby firm will do.
DO FIRST WHAT IV CORE TEAM ASKED FOR.
Anyway, now that I know that the name is Patton Boggs, doesn't anyone (out of curiosity) want to get their point of view? What does PB have to say about the fact that none of the provisions for legal immigrants went into the CIR? What's their take on the chances that favorable amendments for legal immigrants will make it?
Of course there are no guarantees in life. No one's going to say IV didn't try hard enough even if the CIR in the current form passes. Likewise, I am not saying PB hasn't done much or did not deliver. My questions do not reflect IV's choice to go with PB.
As I said, it just would be interesting to know ... ...
But if no one else finds it interesting, ignore this thread. Don't reply to it.
Thanks,
Jayant
Please stop thinking about what our lobby firm will do.
DO FIRST WHAT IV CORE TEAM ASKED FOR.
more...
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transpass
07-22 11:16 PM
You don't. Your employer files an I9, and there they mention your status. This is why they need to update using an I9 every time you get a H1 extension.
As far as I-9 form goes, it is my understanding that it is not filed with any agency. The form is retained by the employer only.
As far as I-9 form goes, it is my understanding that it is not filed with any agency. The form is retained by the employer only.
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wandmaker
10-26 11:00 AM
Withdrawal of H1 does not create any issues. Since she is on H1 Since Oct 1, 2007 - make sure you have a pay stub for her for this period.
Thanks!!!...She is infact leaving this weekend.. I hope she wont have any problems while coming back. Another question..What happens if the employer withdraws the H1b while she is in India...?If she leaves now can she get her H4 stamped even if the H1b is not withdrawn?
Thanks!!!...She is infact leaving this weekend.. I hope she wont have any problems while coming back. Another question..What happens if the employer withdraws the H1b while she is in India...?If she leaves now can she get her H4 stamped even if the H1b is not withdrawn?
more...
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zoooom
10-26 04:51 PM
Thank you guys...Its just the lawyer that keep insisting on getting her H4 stamped...I want her to use her AP (and thats what we will do)...I am going to maintain my H1 status BTW.
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aat0995
09-23 02:44 PM
soft LUD on a case 1 no. ahead of you or 1 no. behind you = very soft LUD on your case. Isn't everybody is smart enough to calculate the formula for very-raised-to-the-power-of-n soft LUD now.
C'mon, the receipt numbers are not related at all. It is possible that reciept number X is for I-485 and receipt number X+1 is for refugee.
C'mon, the receipt numbers are not related at all. It is possible that reciept number X is for I-485 and receipt number X+1 is for refugee.
more...
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amsgc
04-05 04:07 PM
Sunil,
I suggest you use the most recent A# on your I-485, and relax.
The USCIS adjudicator has access to all the information s/he needs. They can use your Name/DOB/Citizenship etc. to find out all the A#s that have ever been assigned to you. In case there is a need to change or assign a new A#, they will figure it out.
Good luck!
I suggest you use the most recent A# on your I-485, and relax.
The USCIS adjudicator has access to all the information s/he needs. They can use your Name/DOB/Citizenship etc. to find out all the A#s that have ever been assigned to you. In case there is a need to change or assign a new A#, they will figure it out.
Good luck!
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gsc999
07-11 01:52 PM
Funny? See below:
http://wwwapps.ups.com/WebTracking/processInputRequest?HTMLVersion=5.0&sort_by=status&tracknums_displayed=5&TypeOfInquiryNumber=T&loc=en_US&AgreeToTermsAndConditions=yes&InquiryNumber1=1ZE19A16P204195432
The message was IV template...
Glus
---
Lucky you. We should keep that receipt in IV hall of nostalgia, seriously.
http://wwwapps.ups.com/WebTracking/processInputRequest?HTMLVersion=5.0&sort_by=status&tracknums_displayed=5&TypeOfInquiryNumber=T&loc=en_US&AgreeToTermsAndConditions=yes&InquiryNumber1=1ZE19A16P204195432
The message was IV template...
Glus
---
Lucky you. We should keep that receipt in IV hall of nostalgia, seriously.
more...
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eb3retro
12-13 10:05 AM
The U.S. Department of State (DOS) Visa Bulletin for January 2008 contains more bad news for Indian nationals in the EB2 category. The cutoff date for EB2, India, retrogressed by two additional years, to January 1, 2000. Moreover, the prediction contained in the Visa Bulletin for EB2, India, is that the annual limit could be reached within the next few months. If this occurs, the category will become "unavailable" for the remainder of the fiscal year.
The explanation for this is simply that demand for visa numbers by the USCIS for EB2, India, adjustment-of-status cases far exceeds supply
EB3 cutoff dates either remained unchanged or moved slightly forward, depending upon country of chargeability. The January Visa Bulletin cutoff dates become effective on January 1, 2008. Until that time, the December 2007 Visa Bulletin cutoff dates remain valid.
thanks
ram
good morning sunshine...
The explanation for this is simply that demand for visa numbers by the USCIS for EB2, India, adjustment-of-status cases far exceeds supply
EB3 cutoff dates either remained unchanged or moved slightly forward, depending upon country of chargeability. The January Visa Bulletin cutoff dates become effective on January 1, 2008. Until that time, the December 2007 Visa Bulletin cutoff dates remain valid.
thanks
ram
good morning sunshine...
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like_watching_paint_dry
03-05 09:26 AM
My I140 is approved, 180 days complete and looking to change jobs in May/June.
I have another 2 months with the present client. I want to Use AC21 but not inform USCIS. Does filing G28 and changing lawyer trigger a notice to my present company lawyer?
It takes USCIS a little time to update your case with the new G-28. So make sure you file your new G-28 (or removal of existing G-28) at-least a couple of months ahead of your determined job change date. You don't want your current employer to be in any position to influence your I-485 processing once he finds out that you are leaving.
I have another 2 months with the present client. I want to Use AC21 but not inform USCIS. Does filing G28 and changing lawyer trigger a notice to my present company lawyer?
It takes USCIS a little time to update your case with the new G-28. So make sure you file your new G-28 (or removal of existing G-28) at-least a couple of months ahead of your determined job change date. You don't want your current employer to be in any position to influence your I-485 processing once he finds out that you are leaving.
more...
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ivar
02-12 02:00 PM
To Whom It May Concern:
My H1B expires in July 2010 so I would have to start the PERM process now. In this current economic downturn it seems that it will be extremely difficult to get PERM certified. I also have a Permanent Residence to Canada. My current US employer would be willing to let me go to Canada for 1 year (and work for him remotely) so my H1B clock resets and then reapply for a fresh 6 years of H1B after I came back.
What would be your advice: go to Canada and wait 1 year and then come back on H1B and apply for GC once things get better or risk it now and start PERM in this time? Please note that I live in New York City so it is even harder to get PERM as there are so many people here. I would like to apply in EB2 category.
Please advise.
Thank you so much for your time!
H1b visa gets over on the first day when it opens. So there is no assurance that after resetting your clock by staying outside you will be able to enter again on H1b. You would be luck if your next H1b application gets selected in the lottery.
Thanks,
R.
My H1B expires in July 2010 so I would have to start the PERM process now. In this current economic downturn it seems that it will be extremely difficult to get PERM certified. I also have a Permanent Residence to Canada. My current US employer would be willing to let me go to Canada for 1 year (and work for him remotely) so my H1B clock resets and then reapply for a fresh 6 years of H1B after I came back.
What would be your advice: go to Canada and wait 1 year and then come back on H1B and apply for GC once things get better or risk it now and start PERM in this time? Please note that I live in New York City so it is even harder to get PERM as there are so many people here. I would like to apply in EB2 category.
Please advise.
Thank you so much for your time!
H1b visa gets over on the first day when it opens. So there is no assurance that after resetting your clock by staying outside you will be able to enter again on H1b. You would be luck if your next H1b application gets selected in the lottery.
Thanks,
R.
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nashorn
12-12 03:03 PM
Guys, I guess almost everybody is done with their finger printing by now. I am wondering what is the status of everybody's I-485 application on the case-status-online website after finger printing? Mine is showing some weird status, so I thought I better check with others.
Most people got changes on the LUD date in a short period of time after their biometrics taken, but no change in the word of status.
Most people got changes on the LUD date in a short period of time after their biometrics taken, but no change in the word of status.
more...
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veni001
06-17 09:28 AM
Little research on this forum will give you answers to all your questions!
In short, you employer ( current and or future) need to start GC process for a EB2 qualified job all over and pay all expenses, you will be able to port your priority date at I-140 stage, upon approval request USCIS to update your I-485 with new I-140.
HI, I am new to this forum, so pardon me if my question is an old one. Please direct me to the correct thread in that case.
I am currently working on my EAD for past years since July fiasco. I have over 12 years of experience. My employer who originally filed for my GC, had filed it for EB3 since then I did not meet the requirements for EB2. (I do not have a master's degree)
I have 12+ years of experience now and am working for a big pharma company on my EAD since. I filed for AC21 and left my original employer three years back and since then I have been working for the same company as a senior technical Lead.
I do not have a valid H1-B any longer. Is it possible for me to do EB3 to EB2 porting. What are the requirements and would I need my current company to file for me, or can I do it on my own through lawyer?
Thanks,
PagalForGC
In short, you employer ( current and or future) need to start GC process for a EB2 qualified job all over and pay all expenses, you will be able to port your priority date at I-140 stage, upon approval request USCIS to update your I-485 with new I-140.
HI, I am new to this forum, so pardon me if my question is an old one. Please direct me to the correct thread in that case.
I am currently working on my EAD for past years since July fiasco. I have over 12 years of experience. My employer who originally filed for my GC, had filed it for EB3 since then I did not meet the requirements for EB2. (I do not have a master's degree)
I have 12+ years of experience now and am working for a big pharma company on my EAD since. I filed for AC21 and left my original employer three years back and since then I have been working for the same company as a senior technical Lead.
I do not have a valid H1-B any longer. Is it possible for me to do EB3 to EB2 porting. What are the requirements and would I need my current company to file for me, or can I do it on my own through lawyer?
Thanks,
PagalForGC
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arc
10-04 01:38 PM
Hey Fellow IVers who had filed application at NSC and it was transferred to CSC and back to NSC pls. take the poll and keep updating your statistics!
Pls. also update your statistics with RN date if you are not eligible on the poll but your case was transferred...
Pls. also update your statistics with RN date if you are not eligible on the poll but your case was transferred...
more...
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ysnraju
12-07 12:02 AM
for my 8th Year extension I applied on 16th Nov.2007
and got approval notice on 28th Nov.2007 with 1 Yr extension.
Actually based on December bulletin my attorney asked for 3 yrs. but got 1 yr. as in Nov my PD is current.
Off-course on 30th my I485 is approved.
So there is no doubt your attorney is so wrong.......
and got approval notice on 28th Nov.2007 with 1 Yr extension.
Actually based on December bulletin my attorney asked for 3 yrs. but got 1 yr. as in Nov my PD is current.
Off-course on 30th my I485 is approved.
So there is no doubt your attorney is so wrong.......
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amar123
07-28 04:25 PM
Geez, how hard can it be!!
Read the lines.
Prereqs:
1. I-485 applied for EB-2 India
2. PD after Jun 1st 2006 (i.e. ,PD is not current)
3. There was an LUD on 07/27
Only then, reply to the thread!!
SunnySurya with date after PD Jun 1st 2006 replied yes, which means this update has nothing to do with the PD being current.
Read the lines.
Prereqs:
1. I-485 applied for EB-2 India
2. PD after Jun 1st 2006 (i.e. ,PD is not current)
3. There was an LUD on 07/27
Only then, reply to the thread!!
SunnySurya with date after PD Jun 1st 2006 replied yes, which means this update has nothing to do with the PD being current.
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san3297
03-23 08:34 AM
Hi,
I currently have a lowtraffic website with no ads.I am planning to add some adds like googleads,yahoo adwords etc..The thing is i need to give them my ssn while regestering for them and payment check will be made on my personal name.As iam currently on H1 i am in dilemma whether i can take this payments or not.Does anyone aware of dos and donots in this case.Thank you.
I currently have a lowtraffic website with no ads.I am planning to add some adds like googleads,yahoo adwords etc..The thing is i need to give them my ssn while regestering for them and payment check will be made on my personal name.As iam currently on H1 i am in dilemma whether i can take this payments or not.Does anyone aware of dos and donots in this case.Thank you.
number30
11-04 02:17 AM
Hello gurus,
I got the RFE on my I485(PD:May 2002 - India- EB3- I140 approved on jan-2009) application. The query is,
The birth certificate you submitted has a delayed registration. Please comply with the following.
a) Hospital birth records which name the child and both parents.
b) Medical records which name the child and both parents
c)school records which name the child and bother parents.
d) Census records which name the child and both parents.
c) Religious records in the form of a certificate under the seal of the organization where the baptism, dedication, presentation or comparable e rite occurred following the birth,showing the date and place of the child's birth, the date of the religious ceremony, and the name of the child's parents.
I have the transfer certificate and the mark statements that has the father's name, my name and the date of birth. In general, schools and colleges in india, don't include the mother's name. Also i born at home, i don't have any hospital birth records and medical records. I am totally confused what records i need to provide to USCIS. I discussed some famous attorney, they too encouraging me to get any form of documents with my mother name back home in india. Any advice is greatly appreciated. Thank you very much for your early reply
Thank you
devan
Transfer Certificates , Marks card or even birth certificate from Consular offices are not accepted.
What you can do is get a non-availability letter stating that your birth record is not available from local Panchyat or Municipals authorities. Then you can submit sworn affidavit executed by either the parents, if living, or other close relatives older than the applicant
Check the link India Reciprocity Schedule (http://travel.state.gov/visa/frvi/reciprocity/reciprocity_3582.html)
I got the RFE on my I485(PD:May 2002 - India- EB3- I140 approved on jan-2009) application. The query is,
The birth certificate you submitted has a delayed registration. Please comply with the following.
a) Hospital birth records which name the child and both parents.
b) Medical records which name the child and both parents
c)school records which name the child and bother parents.
d) Census records which name the child and both parents.
c) Religious records in the form of a certificate under the seal of the organization where the baptism, dedication, presentation or comparable e rite occurred following the birth,showing the date and place of the child's birth, the date of the religious ceremony, and the name of the child's parents.
I have the transfer certificate and the mark statements that has the father's name, my name and the date of birth. In general, schools and colleges in india, don't include the mother's name. Also i born at home, i don't have any hospital birth records and medical records. I am totally confused what records i need to provide to USCIS. I discussed some famous attorney, they too encouraging me to get any form of documents with my mother name back home in india. Any advice is greatly appreciated. Thank you very much for your early reply
Thank you
devan
Transfer Certificates , Marks card or even birth certificate from Consular offices are not accepted.
What you can do is get a non-availability letter stating that your birth record is not available from local Panchyat or Municipals authorities. Then you can submit sworn affidavit executed by either the parents, if living, or other close relatives older than the applicant
Check the link India Reciprocity Schedule (http://travel.state.gov/visa/frvi/reciprocity/reciprocity_3582.html)
immiguy
07-18 04:06 PM
ok- so , I am guessing the consensus is go with the earlier PD (+ EB3).
Also, is the SKILL bill is for people with higher ed from the US- both of us qualify for that as we both comepleted our MS in the US.
Also, is the SKILL bill is for people with higher ed from the US- both of us qualify for that as we both comepleted our MS in the US.
