vijayfx35
03-02 06:16 PM
Hi,
I've been an infrequent visitor to this site in the past, but it has helped me substantially especially when I've been frustrated with the GC situation - I feel the need to share this, hoping that it might help others. I'm posting in this forum because this is the place people tend to ask questions of lawyers. I'll try to keep this simple so that its easy to understand.
Me: EB2 PD March 2005 for first job. I-140 approved 2006. Promoted to different tile in 2007 Jan, second EB2 filed in March 2007.
Wife: EB2 PD Feb 2007.
During the 'fiasco' of 2007, because I did not have an approved PERM for my new job title, we filed for 485's and 140s through my wife with me as the dependent (Having an AP is worth it when traveling overseas, especially if you anticipate traveling for emergencies and don't have the luxury of checking in for an appointment with the consulate to get a visa renewal - also removes the stress of another interview). Neither of us applied for EADs because we were more secure on the H1 visas - your status is immediately screwed if you switch to EAD and your 485 is denied.
In 2008, I received an RFE on my 2nd PERM application (which was addressed by my company - I have no clue what it was about). In 2009, I received an RFE on my 485 application through my wife, we replied to it through a very good lawyer.
Last year, my original LC PD became current! However, our 485s were tied to my wife's application. After speaking to many lawyers, we understood that there were the following options:-
1. Withdraw the earlier 485s, file completely new ones based on my PD (supposedly the safest from GC point of view, because it leaves no room for confusion. Downside is processing time, app getting lost, losing AP/EAD from earlier 485 etc)
2. File another completely new set of parallel 485s, and leave it to UCSIS to figure out that they needed to pick one with the earlier PD (overkill and confusing as well. UCSIS now deals with 4 485 applications, and chances that they will get confused magnify. High processing time as well)
3. Send a letter requesting that the 485 applications be reviewed based on my PD as opposed to my wife's. (Upside is that its potentially the fastest, is approved by the UCSIS, and you can track it by calling up. Downside is that they may simply don't respond because its not really a legal document that's being sent. Then you get stuck just running for Infopass, SR, Congressman etc)
I have to say that choosing the right lawyer to handle your case is possibly the most important thing you can do. What some of us don't know is that while the earlier stages of the GC process are applications made by the company, the 485 application is an individual application, and you are legally allowed to do so through any lawyer you wish to. In our case, we chose the law firm we trusted, even though it was more expensive. They recommended option 3, and we went with it. That was 4 months ago.
On Saturday (2/25) we received email saying that the card were in processing. This afternoon we got our cards in the mail - a nice surprise.
Moral of the story:-
1. Do your homework, get multiple opinions - no one will care about your GC app like you do.
2. When you move and update the AR-11, make sure you update the address for pending cases as well - this will ensure they mail your GC to the correct place.
3. Don't do anything illegal :)
4. Hire the best lawyer you can if your case is not straightforward. Our lawyer was always willing to talk to us at a few hours notice, was very prompt, and was proactive in checking up on UCSIS updates, bulletins etc.
Best wishes.
I've been an infrequent visitor to this site in the past, but it has helped me substantially especially when I've been frustrated with the GC situation - I feel the need to share this, hoping that it might help others. I'm posting in this forum because this is the place people tend to ask questions of lawyers. I'll try to keep this simple so that its easy to understand.
Me: EB2 PD March 2005 for first job. I-140 approved 2006. Promoted to different tile in 2007 Jan, second EB2 filed in March 2007.
Wife: EB2 PD Feb 2007.
During the 'fiasco' of 2007, because I did not have an approved PERM for my new job title, we filed for 485's and 140s through my wife with me as the dependent (Having an AP is worth it when traveling overseas, especially if you anticipate traveling for emergencies and don't have the luxury of checking in for an appointment with the consulate to get a visa renewal - also removes the stress of another interview). Neither of us applied for EADs because we were more secure on the H1 visas - your status is immediately screwed if you switch to EAD and your 485 is denied.
In 2008, I received an RFE on my 2nd PERM application (which was addressed by my company - I have no clue what it was about). In 2009, I received an RFE on my 485 application through my wife, we replied to it through a very good lawyer.
Last year, my original LC PD became current! However, our 485s were tied to my wife's application. After speaking to many lawyers, we understood that there were the following options:-
1. Withdraw the earlier 485s, file completely new ones based on my PD (supposedly the safest from GC point of view, because it leaves no room for confusion. Downside is processing time, app getting lost, losing AP/EAD from earlier 485 etc)
2. File another completely new set of parallel 485s, and leave it to UCSIS to figure out that they needed to pick one with the earlier PD (overkill and confusing as well. UCSIS now deals with 4 485 applications, and chances that they will get confused magnify. High processing time as well)
3. Send a letter requesting that the 485 applications be reviewed based on my PD as opposed to my wife's. (Upside is that its potentially the fastest, is approved by the UCSIS, and you can track it by calling up. Downside is that they may simply don't respond because its not really a legal document that's being sent. Then you get stuck just running for Infopass, SR, Congressman etc)
I have to say that choosing the right lawyer to handle your case is possibly the most important thing you can do. What some of us don't know is that while the earlier stages of the GC process are applications made by the company, the 485 application is an individual application, and you are legally allowed to do so through any lawyer you wish to. In our case, we chose the law firm we trusted, even though it was more expensive. They recommended option 3, and we went with it. That was 4 months ago.
On Saturday (2/25) we received email saying that the card were in processing. This afternoon we got our cards in the mail - a nice surprise.
Moral of the story:-
1. Do your homework, get multiple opinions - no one will care about your GC app like you do.
2. When you move and update the AR-11, make sure you update the address for pending cases as well - this will ensure they mail your GC to the correct place.
3. Don't do anything illegal :)
4. Hire the best lawyer you can if your case is not straightforward. Our lawyer was always willing to talk to us at a few hours notice, was very prompt, and was proactive in checking up on UCSIS updates, bulletins etc.
Best wishes.
wallpaper long dark brn/red hair,
manderson
05-03 07:28 AM
ditto janakp and lonedesi
rbalaji5
11-16 11:55 AM
Hi, I recently got a H1B extension stamping in Chennai consulate upto 2010 and I came back to SFO last week. Since my passport is expiring on July 2009. I-94 was issued upto July 2009.
Now my issue is to extend my I-94 upto the validity of H1B visa. I went through similar thread and it says crossing US border to Mexico or Canada will do to get the new I-94. So I am planning to make a trip to Mexico after my passport got renewed to renew I-94. Does it work?. Or do I have to go out of American Continent to get the new I-94. Some thread from (other sites) said, I need to go out American Continent..Is it true?.
Or is there any other way to extend my I-94 without crossing the border?.
Gurus - Please help if you faced any similar situation and sucessfully got your i-94 renewed.
Now my issue is to extend my I-94 upto the validity of H1B visa. I went through similar thread and it says crossing US border to Mexico or Canada will do to get the new I-94. So I am planning to make a trip to Mexico after my passport got renewed to renew I-94. Does it work?. Or do I have to go out of American Continent to get the new I-94. Some thread from (other sites) said, I need to go out American Continent..Is it true?.
Or is there any other way to extend my I-94 without crossing the border?.
Gurus - Please help if you faced any similar situation and sucessfully got your i-94 renewed.
2011 (1564-1642) Italian
gc_mania_03
06-24 10:00 AM
Even I am going back to school full-time with my wife on EAD with AOS pending. As far as I know there are no issues. If there are any specifics in your case, just consult your attorney.
I remember in one of the calls with attorney[organized by IV], I was told I don't have to worry about producing pay-stubs.
-gc_mania_03
I remember in one of the calls with attorney[organized by IV], I was told I don't have to worry about producing pay-stubs.
-gc_mania_03
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Toxic'
May 20th, 2005, 11:59 PM
Well I seem to have run into more confusion...
I've updated the firmware to 2.0 and I'm not sure if its changed the menu in the D70 or not but I was looking up the "exposure bracketing" that you suggested and on page 88 of the manual it shows (in the top image) the "Menu" opened with the (i believe its the Details tab, it has the small pencil), and then it shows the "12 BKT Set" titled at the top... followed by the Flash & Exposure settings below it... My menu doesn't show any of these... infact alot of my menu looks different than the manual since the update, which if I'm not mistaken was one of the updates within the firmware. Only now I don't know where to find what the manual shows.
Toxic'
I've updated the firmware to 2.0 and I'm not sure if its changed the menu in the D70 or not but I was looking up the "exposure bracketing" that you suggested and on page 88 of the manual it shows (in the top image) the "Menu" opened with the (i believe its the Details tab, it has the small pencil), and then it shows the "12 BKT Set" titled at the top... followed by the Flash & Exposure settings below it... My menu doesn't show any of these... infact alot of my menu looks different than the manual since the update, which if I'm not mistaken was one of the updates within the firmware. Only now I don't know where to find what the manual shows.
Toxic'
pbojja
08-15 03:39 PM
My I140 is approved on 12th August . Looks like they found the transfered files atlast.
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sapking
07-18 01:41 AM
Consult with experienced immigration attorney.
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needhelp!
07-25 10:57 AM
Not flowers ... any other time, an emphatic YES.
But we just used flowers as a sarcastic "Thank You, USCIS" .... so it is not the best idea ... just a note of Thanks, email or letter - to let her know we are grateful for her stance. It is important that we acknowledge the efforts of people who work to help us.
Everyone is going to think twice now when they get a bouquet of flowers.. lol
But we just used flowers as a sarcastic "Thank You, USCIS" .... so it is not the best idea ... just a note of Thanks, email or letter - to let her know we are grateful for her stance. It is important that we acknowledge the efforts of people who work to help us.
Everyone is going to think twice now when they get a bouquet of flowers.. lol
more...
indyanguy
08-07 09:17 AM
sometimes, labor subs can be genuine cases as well....
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pd_recapturing
06-20 05:35 PM
I am confused. I have I 140 approval copy but it does not have A# in it. I know lots of people who have approved I 140 and they have A# in it. Please let me know what should I do in this case?
more...
Indiaxyz
03-27 05:41 PM
Hi iyera,
As per my immig. atty it takes between 2-3 months for the h1 to h4 processing. Unfortunately there is no premium processing for h4 unless you piggy back it with an h1 processing. Hope this helps.
As per my immig. atty it takes between 2-3 months for the h1 to h4 processing. Unfortunately there is no premium processing for h4 unless you piggy back it with an h1 processing. Hope this helps.
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mikemeyers
11-07 01:57 PM
My H1 is approved on Oct 23, 2006. I was on F1. Before my OPT grace period expired on July 20, 2006, I enrolled in a school with new I-20 on July 5th, 2006. I have been taking one class every month for last three months to maintain full time status. If I stop taking classes now, would it be a some kind of problem when I go for visa stamping?
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no-tec
10-14 07:24 PM
i have one- im no-tec no one likes me though ? :q:
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wandmaker
10-26 01:18 PM
Simple Answer is NO
*If 140 premium processing reinstated in the near future, at least 3-4 weeks before your H1B expires.
It is difficult to obatain approved vacation from my employer.
Apartment from leaving the country and recapturing, are there any alternatives.
Please advice
*If 140 premium processing reinstated in the near future, at least 3-4 weeks before your H1B expires.
It is difficult to obatain approved vacation from my employer.
Apartment from leaving the country and recapturing, are there any alternatives.
Please advice
more...
pictures Masks Vintage - Red Hair
raysaikat
08-22 02:48 AM
Thanks for your suggestions - minimalist,prem_goel,gconmymind.
If she attends for the visa stamping in India,
1) When can she go to consulate - before October 1 or after October 1.
Anytime. In particular, she can go to the consulate before Oct 1. Usually the consulate gives a visa stamp with validity date no earlier than 15 days from the start of the H1-B status (Oct 1 in this case). Since she will return after Oct 1, there will be no problem.
2) Does she needs to carry the H1 documents as new H1 candidate or it is a different list. ( She is in here for almost 1.5 yrs on h4, she will not have paystubs. ) . if different can you pls provide me the link where i can find the same(H4 to H1 visa interview).
She will be a new candidate. Her 6 year clock for H status has already started, though. I.e., she only has 4.5 years left.
3) While leaving the country which I-94 she need to give it back(the one with new h1 petition / the I94 which she received she came in as H4)
Her I-94 for the current status (i.e., the one she got when she entered as H4). The new I-94's validity date should be Oct 1; i.e., it is not in effect. However, when she reenters, she will get a new I-94 reflecting her new status. So the I-94 that is attached with the I-797 form will never be used.
4) Can they ask for more details like client letter,etc - chennai
Yes. The consulate will of course treat her like any other H1-B visa applicant. The consulate should ensure that the employment is legitimate and she has the right skills claimed in the LCA.
If she plans to come back on H4
1) Will she have any issues at port of entry. Can they ask why she is coming on H4 if she has H1.
Thanks in advance.
Not sure I understand the question. If she chooses to come back as H4, then POE officers should not ask anything about H1-B as such. But perhaps she should keep all documentations just in case.
If she attends for the visa stamping in India,
1) When can she go to consulate - before October 1 or after October 1.
Anytime. In particular, she can go to the consulate before Oct 1. Usually the consulate gives a visa stamp with validity date no earlier than 15 days from the start of the H1-B status (Oct 1 in this case). Since she will return after Oct 1, there will be no problem.
2) Does she needs to carry the H1 documents as new H1 candidate or it is a different list. ( She is in here for almost 1.5 yrs on h4, she will not have paystubs. ) . if different can you pls provide me the link where i can find the same(H4 to H1 visa interview).
She will be a new candidate. Her 6 year clock for H status has already started, though. I.e., she only has 4.5 years left.
3) While leaving the country which I-94 she need to give it back(the one with new h1 petition / the I94 which she received she came in as H4)
Her I-94 for the current status (i.e., the one she got when she entered as H4). The new I-94's validity date should be Oct 1; i.e., it is not in effect. However, when she reenters, she will get a new I-94 reflecting her new status. So the I-94 that is attached with the I-797 form will never be used.
4) Can they ask for more details like client letter,etc - chennai
Yes. The consulate will of course treat her like any other H1-B visa applicant. The consulate should ensure that the employment is legitimate and she has the right skills claimed in the LCA.
If she plans to come back on H4
1) Will she have any issues at port of entry. Can they ask why she is coming on H4 if she has H1.
Thanks in advance.
Not sure I understand the question. If she chooses to come back as H4, then POE officers should not ask anything about H1-B as such. But perhaps she should keep all documentations just in case.
dresses She should stick to red hair.
nefrateedi
08-29 12:28 PM
Thank you nefrateedi,
My concurrent filing of I-140 and 485 was filed on August 17th, 2007.
Is it not after July 30?...that you could submit to either to Nebraska or Texas?
Is it ok like this?
Thank you again.
USCIS had issued a Direct Filing Update which stated that if the application was filed after July 30, it would have to be filed at the center which has jurisdiction over the state the applicant lives in, which in your case is Massachusetts.
USCIS has been transfering a lot of applications between the various service centers lately due to the July fiasco. Based on reports from the Ombudsman, USCIS is trying to avoid any unnecessary rejections, and take a more 'customer service' based approach, so hopefully you will be ok, and they'll just transfer the case to the appropriate service center.
I'm not a lawyer by any means, so please use this advice at your own discretion.
Good luck!
My concurrent filing of I-140 and 485 was filed on August 17th, 2007.
Is it not after July 30?...that you could submit to either to Nebraska or Texas?
Is it ok like this?
Thank you again.
USCIS had issued a Direct Filing Update which stated that if the application was filed after July 30, it would have to be filed at the center which has jurisdiction over the state the applicant lives in, which in your case is Massachusetts.
USCIS has been transfering a lot of applications between the various service centers lately due to the July fiasco. Based on reports from the Ombudsman, USCIS is trying to avoid any unnecessary rejections, and take a more 'customer service' based approach, so hopefully you will be ok, and they'll just transfer the case to the appropriate service center.
I'm not a lawyer by any means, so please use this advice at your own discretion.
Good luck!
more...
makeup ReD hAiR
Heart
10-08 12:51 PM
Thanks to you all, I will update after talking to an attorney.
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gcgonewild
07-29 02:27 PM
Spillover from Family to Employment will occur for FY 2010-2011. Not for September.
Family spillover for 2009-10 is approximately 10500, and is already allocated.
We wouldn't know this number until DOS publishes Immigration Statistics for 2010.
My lawyer says there is going to be about 5-10K spillover from Family to employment based. Gurus can you estimate how much dates will move if that happens. I am hoping nothing for EB3 though :(
Family spillover for 2009-10 is approximately 10500, and is already allocated.
We wouldn't know this number until DOS publishes Immigration Statistics for 2010.
My lawyer says there is going to be about 5-10K spillover from Family to employment based. Gurus can you estimate how much dates will move if that happens. I am hoping nothing for EB3 though :(
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ash_2005
09-12 03:36 PM
Not in the system yet, and no checks cashed.
Submitted: June 30, 2007
Reached USCIS: July 2nd, 2007
Signed for by: J.Barrett @ 10:25 AM
I have no clue as to what is going on here ...worrying indeed.
Submitted: June 30, 2007
Reached USCIS: July 2nd, 2007
Signed for by: J.Barrett @ 10:25 AM
I have no clue as to what is going on here ...worrying indeed.
Ruta
07-17 05:25 PM
D.After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
Doesnt this clearly state we are eligible to apply? Visa Bulletin #107 is correct and # 108 is withdrawn??? I think E. states that from August they are uncertain how visa numbers will be allocated fo next month?
Doesnt this clearly state we are eligible to apply? Visa Bulletin #107 is correct and # 108 is withdrawn??? I think E. states that from August they are uncertain how visa numbers will be allocated fo next month?
kartikiran
10-05 03:48 PM
Administrators, I am sure the question from "bluekayal" was an innocent one.
Honestly, I believe in IV as an organization which does not differentiate race, gender, country, category etc.
I am well aware that there are lot of ladies who are well represented in IV Core and its initiatives. I understand very well, how much they contribute when they volunteer for IV activities, especially after everything that a woman does with juggling time between family and work.
Also I am sure others will understand that there are more advisors who are not men, but they probably would not have agreed to present themselves yet, publicly as part of the board for ImmigrationVoice.
Again, hats off to all your efforts & no need to remove the hats to scratch your head...;)
Thanks bluekayal, we appreciate your comments. At this time we can just share with you that IV works with many more advisers and this is a partial list, based on the formalities and complexities of public announcement.
IV does not make judgment based on any denomination that divides us as humans. Frankly, we are scratching our head with your comments.
Honestly, I believe in IV as an organization which does not differentiate race, gender, country, category etc.
I am well aware that there are lot of ladies who are well represented in IV Core and its initiatives. I understand very well, how much they contribute when they volunteer for IV activities, especially after everything that a woman does with juggling time between family and work.
Also I am sure others will understand that there are more advisors who are not men, but they probably would not have agreed to present themselves yet, publicly as part of the board for ImmigrationVoice.
Again, hats off to all your efforts & no need to remove the hats to scratch your head...;)
Thanks bluekayal, we appreciate your comments. At this time we can just share with you that IV works with many more advisers and this is a partial list, based on the formalities and complexities of public announcement.
IV does not make judgment based on any denomination that divides us as humans. Frankly, we are scratching our head with your comments.
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