nousername
05-06 07:36 PM
update your profile first
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indyanguy
06-29 03:08 PM
I have been trying hard to get an answer for this question without any luck. My corporate attorney doesn't seem to have the slightest inclination on this subject. I would really appreciate responses.
My case details:
Visa on the passport up until Feb 2009
6 year term ending on Feb 2010
Date on I94 in passport is Feb 2010
I140/I485 concurrently applied on July 07
Currently have EB3 I-140 filed based on Substitute Labor at NSC.
Questions -
1. If my I-140 case gets picked up AFTER Feb 2009 (less than 365 days of H1 6 year term ending) and is denied (God forbid!), will I be eligible to file for a post 6 year H1 extension? Since this is Labor Sub, the labor doesn't have my name on it.
2. If yes for (1), will I be eligible for 1 year or 3 years H1 extension?
3. Can I file for a new PERM at that time and get an extension based on that?
4. Do I need to refile I-485?
Please help!
My case details:
Visa on the passport up until Feb 2009
6 year term ending on Feb 2010
Date on I94 in passport is Feb 2010
I140/I485 concurrently applied on July 07
Currently have EB3 I-140 filed based on Substitute Labor at NSC.
Questions -
1. If my I-140 case gets picked up AFTER Feb 2009 (less than 365 days of H1 6 year term ending) and is denied (God forbid!), will I be eligible to file for a post 6 year H1 extension? Since this is Labor Sub, the labor doesn't have my name on it.
2. If yes for (1), will I be eligible for 1 year or 3 years H1 extension?
3. Can I file for a new PERM at that time and get an extension based on that?
4. Do I need to refile I-485?
Please help!
vnanjunda
07-16 12:27 PM
No Problems at Dullas Airport, I weant to india twice with AP they never asked about my employer.
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SunnySurya
07-13 11:56 AM
Folks,
Please advise if you have any knowledge on the issue. Also, I am aware that I will need to take a good lawyer advise on this but what I am looking for is your take.
Background:
During July'07 fiasco I was able to submit my first 485 application on the 07/02/07 itself. Because of the volume of applications received, USICS was taking a long time to issue receipts. Since we all were hearing stories of applications getting lost or returned or denied for no explicit reasons and I was afraid that this window of opportunity may not open for a very long time, I decided to re-file my 485 application based on the same I-140 on Aug 10th, just days before the window closing. Both applications were filed at Nebraska Service Center.
In September 2007 USCIS issued me the receipt notice for the first application. So I decided to put a stop payment on the second application, in the hope that my second application will be rejected without prejudice. That did not happen. I got a letter from USICS threatening me to adversely affect all my future 485 applications. So I paid. A different A# was issued to me for my second application. (So I have two A#s now) Also, per their website, my receipt date for the second application is the date they received the corrected payment, which is some time in late November.
Now, my priority date is current. I am thinking of taking one of the following actions. Please advise, what should be an appropriate course of action.
a) Do Nothing as I might get my first 485 will adjudicated before they start working on the second application, whose receipt date is sometime in November.
b) Send a letter to USICS requesting them to withdraw my application (Please advise what reason should I state)
I am afraid to choose option 2 as they might send my application for some sort of reconciliation.
Thanks
Sunny
Please advise if you have any knowledge on the issue. Also, I am aware that I will need to take a good lawyer advise on this but what I am looking for is your take.
Background:
During July'07 fiasco I was able to submit my first 485 application on the 07/02/07 itself. Because of the volume of applications received, USICS was taking a long time to issue receipts. Since we all were hearing stories of applications getting lost or returned or denied for no explicit reasons and I was afraid that this window of opportunity may not open for a very long time, I decided to re-file my 485 application based on the same I-140 on Aug 10th, just days before the window closing. Both applications were filed at Nebraska Service Center.
In September 2007 USCIS issued me the receipt notice for the first application. So I decided to put a stop payment on the second application, in the hope that my second application will be rejected without prejudice. That did not happen. I got a letter from USICS threatening me to adversely affect all my future 485 applications. So I paid. A different A# was issued to me for my second application. (So I have two A#s now) Also, per their website, my receipt date for the second application is the date they received the corrected payment, which is some time in late November.
Now, my priority date is current. I am thinking of taking one of the following actions. Please advise, what should be an appropriate course of action.
a) Do Nothing as I might get my first 485 will adjudicated before they start working on the second application, whose receipt date is sometime in November.
b) Send a letter to USICS requesting them to withdraw my application (Please advise what reason should I state)
I am afraid to choose option 2 as they might send my application for some sort of reconciliation.
Thanks
Sunny
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immi_2006
02-15 03:09 PM
Try orbitz.com. You can book tickets from India and pay in USD. If the airline you selected still issues paper tickets instead of e-tickets then orbitz mails the tickets to your US address.
qplearn
09-10 10:31 AM
Bravo!
That is exactly what we want the house members to know. Our lives are on hold; my wife cannot work, and I cannot move!
Also, a BIG THANK YOU for distancing ourselves from the H1B quota issue that the industry is after. That will get us nowhere in the house that struck it down last time from their bill.
Keep up the good work!
qplearn
That is exactly what we want the house members to know. Our lives are on hold; my wife cannot work, and I cannot move!
Also, a BIG THANK YOU for distancing ourselves from the H1B quota issue that the industry is after. That will get us nowhere in the house that struck it down last time from their bill.
Keep up the good work!
qplearn
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stldude
07-18 10:30 AM
I agree.. I cannot put in to words the sense of releif IV has provided for all those GC Seekers out there ( not just Indians) !! ! ! ! ! ! ! Way to go IV...
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GCOP
10-21 05:07 PM
I also called the number 202-224-7703. The lady told me that, it is scheduled for hearing this fall and we can check on Website judiciary.senate.gov . She said, usually they post the date, 1 week before the hearing in the committee. She is also told that, she is going to pass on the message for hearing, to the senators.
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ram04
01-28 10:49 PM
It seems we are in synch.
Sep 04
MTR approved in December 09.
RFE for EVL on 23 rd Jan 23 rd.
Replying this week.
Let us see what is in store.
Sep 04
MTR approved in December 09.
RFE for EVL on 23 rd Jan 23 rd.
Replying this week.
Let us see what is in store.
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hibworker
03-17 12:15 PM
Any recent experiences please.
How easy or difficult is it.
Is it any different in Chennai or in Hyd.
I heard different things like some employer memo or something. Is it related to stamping.
If it is, please share your receent stamping experiences.
Is Canada better.,
Thank you
Bobby.
If your documents are in order then there is really no need to worry. The employer memo you are talking about is about employer - employee relationship. If a worker on H1 visa is working at a client site where his / her employer do not directly control the day to day activity then that person will be denied H1.
In plain terms if you are on staff augmentation project and report to a client manager who controls your day to day assignment and your H1 employer only runs your payroll then there will be issues when you go for stamping with a possibility of your visa getting denied.
How easy or difficult is it.
Is it any different in Chennai or in Hyd.
I heard different things like some employer memo or something. Is it related to stamping.
If it is, please share your receent stamping experiences.
Is Canada better.,
Thank you
Bobby.
If your documents are in order then there is really no need to worry. The employer memo you are talking about is about employer - employee relationship. If a worker on H1 visa is working at a client site where his / her employer do not directly control the day to day activity then that person will be denied H1.
In plain terms if you are on staff augmentation project and report to a client manager who controls your day to day assignment and your H1 employer only runs your payroll then there will be issues when you go for stamping with a possibility of your visa getting denied.
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meridiani.planum
12-14 12:33 PM
- Per my LCA; combination of education and experience is not acceptable. Does that mean my evaluation is of no use? And is this LCA good for me?
Its going to be very hard trying to evaluate a 3 year degree to a 4 year BSCS. You can atleast talk with the person recommended by CPUwiz and see what she thinks...
- If evaluation is using 6yrs of experience to make up for 2yrs of education; CAN I, still (also) show the same 6yrs of experience as job experience?
I doubt if this double dipping is going to work...
- I have another approved RIR (Approved Aug07). In worst case, can I use that RIR to file for new 140 to save my 485? Is there any time limit on RIR case too? Like using it under number of weeks/months?[/COLOR]
LCs expire 180 days after their approval, so you have until Feb next year with this LC. However from what I know you need an approved I-140 to interfile with an existing 485 case. dont know if you can interfile an I-140 which is still pending. talk to a good immigration attorney.
Its going to be very hard trying to evaluate a 3 year degree to a 4 year BSCS. You can atleast talk with the person recommended by CPUwiz and see what she thinks...
- If evaluation is using 6yrs of experience to make up for 2yrs of education; CAN I, still (also) show the same 6yrs of experience as job experience?
I doubt if this double dipping is going to work...
- I have another approved RIR (Approved Aug07). In worst case, can I use that RIR to file for new 140 to save my 485? Is there any time limit on RIR case too? Like using it under number of weeks/months?[/COLOR]
LCs expire 180 days after their approval, so you have until Feb next year with this LC. However from what I know you need an approved I-140 to interfile with an existing 485 case. dont know if you can interfile an I-140 which is still pending. talk to a good immigration attorney.
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USDream2Dust
06-14 04:24 PM
Hey Nixstor,
I have already started looking and yes I agree. I would not hurry up things. I would take my time and get something good regardless my company pays or not.
Also I am going to do an official contract with my company and they would be paying utilities like internet and others separately. They would also add work insurance to it. It could be possible that another 2 people apart from me would work at my home office. Are you sure that it is not taxable if I get money from my employer as rent?
Any way thanks. I really appreciate all your responses. Market is bad and NJ is terrible for house. I am getting old houses for 500k and prices are not reducing any time. I have been watching it for 5 months now.
I have already started looking and yes I agree. I would not hurry up things. I would take my time and get something good regardless my company pays or not.
Also I am going to do an official contract with my company and they would be paying utilities like internet and others separately. They would also add work insurance to it. It could be possible that another 2 people apart from me would work at my home office. Are you sure that it is not taxable if I get money from my employer as rent?
Any way thanks. I really appreciate all your responses. Market is bad and NJ is terrible for house. I am getting old houses for 500k and prices are not reducing any time. I have been watching it for 5 months now.
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gcpool
10-15 10:57 PM
Try contacting your local senator
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sparky_jones
02-18 04:15 PM
I have my first GC interview next month. I had a DUI few years back that I forgot to mention in the 485 app as I thought this was a traffic related offense. I want to know what are my options now? My lawyer suggests I file for some kind of waiver and suggests I take an attorney with me to the interview. She also asked me to get court certified copies of the conviction and that I completed all the required tasks assigned by the court.
Is this going to affect my GC in anyway? I need some guidance here.
Did the interview request from USCIS specifically mention the DUI?
Here's some information that might help you understand your situation better: http://www.californiadui.com/articles/immigration-issues-of-dui.php
I think it's not the prior DUI conviction, but the failure to disclose the prior DUI conviction that poses a potential problem. However, this is not something that cannot be taken care of with the help of an experienced attorney. There are numerous folks who have found themselves in a similar situation and have gone on to successfully get their GC. I agree with the advice provided by the gentleman above.
Is this going to affect my GC in anyway? I need some guidance here.
Did the interview request from USCIS specifically mention the DUI?
Here's some information that might help you understand your situation better: http://www.californiadui.com/articles/immigration-issues-of-dui.php
I think it's not the prior DUI conviction, but the failure to disclose the prior DUI conviction that poses a potential problem. However, this is not something that cannot be taken care of with the help of an experienced attorney. There are numerous folks who have found themselves in a similar situation and have gone on to successfully get their GC. I agree with the advice provided by the gentleman above.
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whiteStallion
03-04 07:44 PM
Congratulations ! Its party time! :D
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seetheavatar
09-03 10:39 AM
My I485 application was approved aug 2nd and I got the card on aug 15th.
In the mean time my spouse application was also approved on aug 2nd but last week we got an email saying the card is returned undeliverable on aug 23rd.and aug 24th we got another email saying a notice was sent to the same address and that was also undelivered and there would be serious effects if the address is not updated.
We got our finger prints and everything in the same address and I am not sure why it was returned undeliverable.
Also I called the customer service on Aug23rd and 24th and updated the address.
any one in the same situation?
Does anyone know how long it would take for them to resend the card?
Thanks
In the mean time my spouse application was also approved on aug 2nd but last week we got an email saying the card is returned undeliverable on aug 23rd.and aug 24th we got another email saying a notice was sent to the same address and that was also undelivered and there would be serious effects if the address is not updated.
We got our finger prints and everything in the same address and I am not sure why it was returned undeliverable.
Also I called the customer service on Aug23rd and 24th and updated the address.
any one in the same situation?
Does anyone know how long it would take for them to resend the card?
Thanks
more...
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ppt.b
07-10 09:58 PM
My observation... based on i140 application
My case was sent to NSC and it remained in NSC, however applications of 5 colleagues of mine got transfered to TSC... and another 3 remained at NSC
There seems to be a pattern on how they transfer cases from NSC to TSC based on last name (this is totally based on a very small specimen)... posting it here to know if it holds any water
Last name starting with A, C, E, G, I, K..... transfered to TSC
Last name starting with B, D, F, H, J, L..... stayed at NSC
any comments? again this is only based on my observation on a very small # of cases
Nope! My surname starts with H and my case was transferred to TSC. I guess if u chose a small enough sample size, you can prove anything. Isn't statistics wonderful ? :D You gotta love it!
My case was sent to NSC and it remained in NSC, however applications of 5 colleagues of mine got transfered to TSC... and another 3 remained at NSC
There seems to be a pattern on how they transfer cases from NSC to TSC based on last name (this is totally based on a very small specimen)... posting it here to know if it holds any water
Last name starting with A, C, E, G, I, K..... transfered to TSC
Last name starting with B, D, F, H, J, L..... stayed at NSC
any comments? again this is only based on my observation on a very small # of cases
Nope! My surname starts with H and my case was transferred to TSC. I guess if u chose a small enough sample size, you can prove anything. Isn't statistics wonderful ? :D You gotta love it!
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ayaskant
02-01 10:20 AM
Thanks kanshul for ur reply. What is your suggestion for me.
Should I stick onto my current employer.
Do you have any clue when will be the date current for me.Any chance in this year?
My clients have made my life hell forcing me to join in the company as permanent.
Should I stick onto my current employer.
Do you have any clue when will be the date current for me.Any chance in this year?
My clients have made my life hell forcing me to join in the company as permanent.
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texanguy
12-15 05:04 PM
Have anyone heard any updates from AILA about this issue? if one knows this for sure, atleast in these days, people can start working a second (may be non-technical) job on EAD...that way you should be able to save some money for the rainy days...
ivgclive
04-25 10:53 PM
Here is my situation: I was on my 6th year of the h1b visa (I had about 3 months left of valid visa) when I left the country in January 2010 to live abroad...In August 2010 I came back to the US on a tourist visa and I applied to get the 3 months I had left on my H1b in November.
After waiting for over 4 months, I received the approval notice from immigration for the h1b valid only for 1 day!! (4/20/11-4/21/11)...I received the approval notice on the mail on 4/23, 2 days after the visa was valid...so basically, by the time I received the notice in the mail, I was already out of status.
If I apply for an extension this week, do you think that they will approve my 7th year extension or they might deny it based on the fact that I applied after my H1b visa expired? If they deny it, what are my options to stay in the country?
What would the employer gain by applying H1B if only 3 months left?
After waiting for over 4 months, I received the approval notice from immigration for the h1b valid only for 1 day!! (4/20/11-4/21/11)...I received the approval notice on the mail on 4/23, 2 days after the visa was valid...so basically, by the time I received the notice in the mail, I was already out of status.
If I apply for an extension this week, do you think that they will approve my 7th year extension or they might deny it based on the fact that I applied after my H1b visa expired? If they deny it, what are my options to stay in the country?
What would the employer gain by applying H1B if only 3 months left?
anilsal
01-06 08:24 PM
a while back I had read on the forums (do not know whether it was IV or elsewhere) where a guy got a visit from USCIS because he availed unemployment benefits for sometime.
I have also read about people getting benefits on AOS without any trouble.
Again, it is better to be safe.
Consult your lawyer.
I have also read about people getting benefits on AOS without any trouble.
Again, it is better to be safe.
Consult your lawyer.
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