chunky
07-26 03:21 PM
We are planning to go India in October (after receipt of 185). If I apply for change of status it will be cancelled because she left country before aprooval".
I was thinking if we do not get AP by then she can go to embassy and request for H4 visa. Will it be fine. I am asking too many questions
Quote"As far as I know, if a 485 is pending, a person can continue to be in the US without a visa. So she would not require a H-4.
All the same, I would still get a H-4 as this will be advantageous as,
1. Your receipt has not yet arrived. What if the Application is rejected for initial evidence problem?
2. AP takes a long time to come and she has to make an urgent trip back home?
3. 485 gets denied by mistake. She has to have a valid status to fall back on, so you can file motion to reopen, etc.
The chances of any of the above happening are low, but it is better to anticipate trouble and be as prepared as we can."
I was thinking if we do not get AP by then she can go to embassy and request for H4 visa. Will it be fine. I am asking too many questions
Quote"As far as I know, if a 485 is pending, a person can continue to be in the US without a visa. So she would not require a H-4.
All the same, I would still get a H-4 as this will be advantageous as,
1. Your receipt has not yet arrived. What if the Application is rejected for initial evidence problem?
2. AP takes a long time to come and she has to make an urgent trip back home?
3. 485 gets denied by mistake. She has to have a valid status to fall back on, so you can file motion to reopen, etc.
The chances of any of the above happening are low, but it is better to anticipate trouble and be as prepared as we can."
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asanghi
08-31 12:21 PM
Before voting, I saw the poll results, it said total number of votes = 9345. Then I voted "yes". The total no of votes still stands at 9345.
Prashanthi
06-26 01:41 PM
No matter what the employment contract states as the penalty for leaving the job. If your employer files a case against you for breach of contract the court will decide what damages if any need to be awarded, they will look at all the circumstances involved, you can also file a counter claim for any money you think is owed to you by the company. The court will not honor a predetermined amount mentioned in the contract as damages.
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stirfries
12-02 01:27 PM
Thanks SS777 !!!
I am optimistic as well !!! I am just hoping that I receive the documents by end of this week !
But at the same time, I wouldn't want to sit idle, just hoping !!! :)
I am going to try whatever options that might be available, to speed up the document receipt, if it is possible !!!
Probably, I can set up an appointment with InfoPass, sometime next week, and see what they have to say about this...
The scary part is, I have read several posts by other users who had reported the loss of document once it has been mailed out by USCIS. I hope I do not fall into that category and I want to be aware of the next course of action, if indeed, I fall into that category.
Cancelling my Tickets is the last option that I have in my mind !!!
The things that we have to go through to get a GC !!!! :)
My attorney finally received the AP documents on hand, 16 days after the online status had changed to "Document Production or Oath Ceremony".
At least, now I don't have to think about postponing my Tickets !!!
Hope it works out for all you folks !!!
Good Luck !!!
Thanks,
I am optimistic as well !!! I am just hoping that I receive the documents by end of this week !
But at the same time, I wouldn't want to sit idle, just hoping !!! :)
I am going to try whatever options that might be available, to speed up the document receipt, if it is possible !!!
Probably, I can set up an appointment with InfoPass, sometime next week, and see what they have to say about this...
The scary part is, I have read several posts by other users who had reported the loss of document once it has been mailed out by USCIS. I hope I do not fall into that category and I want to be aware of the next course of action, if indeed, I fall into that category.
Cancelling my Tickets is the last option that I have in my mind !!!
The things that we have to go through to get a GC !!!! :)
My attorney finally received the AP documents on hand, 16 days after the online status had changed to "Document Production or Oath Ceremony".
At least, now I don't have to think about postponing my Tickets !!!
Hope it works out for all you folks !!!
Good Luck !!!
Thanks,
more...
slc_ut
01-17 11:59 AM
nirenjoshi,
When did you get the ITIN number using the letter from the bank ?
1. When you were filing taxes at the beginning of the year.
OR
2. Some other time, by using W7 form by itself.
Please respond.
When did you get the ITIN number using the letter from the bank ?
1. When you were filing taxes at the beginning of the year.
OR
2. Some other time, by using W7 form by itself.
Please respond.
Dhundhun
11-30 02:13 PM
There are cases getting RFEs for photos / even if photos are sent, for not sending letter explaining reasons for AP and for not sending copies I485 receipts.
There are several approved cases without letter or I485 receipts.
But when I did paper based AP renewal, I made a packet of the following and recommend making similar packet:
Packet with top right (application for AP A#...)
.... I131 Application
.... Envelop (on cover describing that it contains photo and check)
........ Two pictures with name and A# on back
........ $305 check in favor of U.S. Department of Homeland Security, USCIS
.... Copy of I485 Receipt Notice
.... Copy of previous AP
.... Photo Ids (all)
........ Copy of Biographic Pages of Passport and
........ Copy of DL and
........ Copy of EAD
.... A Letter stating reason for AP, expecting delays in GC due to swing in PD, nine years of wait.
Refer to http://immigrationvoice.org/forum/showthread.php?t=18737 at the end of first post also.
In this approach, there is little chance of getting RFE due to missing items and photos also will remain safe inside the inner envelop, until required.
Update: Received both APs in less than 2 months.
There are several approved cases without letter or I485 receipts.
But when I did paper based AP renewal, I made a packet of the following and recommend making similar packet:
Packet with top right (application for AP A#...)
.... I131 Application
.... Envelop (on cover describing that it contains photo and check)
........ Two pictures with name and A# on back
........ $305 check in favor of U.S. Department of Homeland Security, USCIS
.... Copy of I485 Receipt Notice
.... Copy of previous AP
.... Photo Ids (all)
........ Copy of Biographic Pages of Passport and
........ Copy of DL and
........ Copy of EAD
.... A Letter stating reason for AP, expecting delays in GC due to swing in PD, nine years of wait.
Refer to http://immigrationvoice.org/forum/showthread.php?t=18737 at the end of first post also.
In this approach, there is little chance of getting RFE due to missing items and photos also will remain safe inside the inner envelop, until required.
Update: Received both APs in less than 2 months.
more...
venky08
07-28 05:07 PM
quite interesting find...do you have a reference?
Even though India is by far the country of birth with the most high skilled immigrants to the US, it still takes up less than half of the number of high skilled immigrants. By some discussions going on on this forum, you would think 95% of the high skilled immigrants come from India.
Even though India is by far the country of birth with the most high skilled immigrants to the US, it still takes up less than half of the number of high skilled immigrants. By some discussions going on on this forum, you would think 95% of the high skilled immigrants come from India.
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varshadas
09-14 04:37 PM
I was really glad to hear the IV ad and also Jay's interview. Many people in New Jersey listen to this station so, lets hope that a lot of people got this message.
Thanks
Varsha
Thanks
Varsha
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StuckInTheMuck
08-04 09:53 AM
Another July 2 TSC filer. Got email today about RFE notice sent (don't know yet, but guess is medical - skipped this form in the original petition to beat the July 2 deadline).
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Bhaskar_80
06-10 02:42 PM
Once again Thanks Mr. Glutin,
So it means, when I apply for H1B Transfer this time, I will get an H1B Visa valid till May 2012 right? Please let me know whether my assumption is right.
Also am I eligible to process my i140 through Premium Processing?
Thanks and Regards,
So it means, when I apply for H1B Transfer this time, I will get an H1B Visa valid till May 2012 right? Please let me know whether my assumption is right.
Also am I eligible to process my i140 through Premium Processing?
Thanks and Regards,
more...
Better_Days
12-01 12:55 PM
Guys,
I want to know what are the chances of getting I-140 approve if we file a new petition and current I-140 appeal process is pending with USCIS. My I-140 was denied on education basis. In denial notice USCIS wrote that we did not prove that my 3+3 (Diploma + Engg degree from India) degree is not equivalent to B.S in Computer science from Labor certification.
Guys please share your experience with me since its important for me to get I-140 approve for future growth.
Thanks
To answer your original question, my I-140 under EB3 was denied on the basis that my 3-year Bachelor in Computer Science was not equivalent to a 4-year BCS degree. I appealed to the AAO and attached an evaluation from Sheila Danzig.
While the AAO was pending, I started the process from scratch by filing a new PERM and my second I-140 was approved. So I guess it is possible to file a new I-140 while the original one is under appeal.
I want to know what are the chances of getting I-140 approve if we file a new petition and current I-140 appeal process is pending with USCIS. My I-140 was denied on education basis. In denial notice USCIS wrote that we did not prove that my 3+3 (Diploma + Engg degree from India) degree is not equivalent to B.S in Computer science from Labor certification.
Guys please share your experience with me since its important for me to get I-140 approve for future growth.
Thanks
To answer your original question, my I-140 under EB3 was denied on the basis that my 3-year Bachelor in Computer Science was not equivalent to a 4-year BCS degree. I appealed to the AAO and attached an evaluation from Sheila Danzig.
While the AAO was pending, I started the process from scratch by filing a new PERM and my second I-140 was approved. So I guess it is possible to file a new I-140 while the original one is under appeal.
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laksmi
12-03 08:02 PM
I am also in same boat, I was gathering information on the same and found different solutions.
1)To be on safer side you can transfer H1B and also invoke AC21 to the new employer, if the new employer is willing to support,
2)If H1B is not revoked by the old employer then Yes , you can work on EAD or H1B for the same old employer
3) since I140 is approved for more then 6 months, you are safe, he may not have options to revoke I140.
4)If you have validity of H1B stamping on your passport then no need of using AP as well to go in and out of country, even after using EAD.
please advice on the same, good questions synergy.
1)To be on safer side you can transfer H1B and also invoke AC21 to the new employer, if the new employer is willing to support,
2)If H1B is not revoked by the old employer then Yes , you can work on EAD or H1B for the same old employer
3) since I140 is approved for more then 6 months, you are safe, he may not have options to revoke I140.
4)If you have validity of H1B stamping on your passport then no need of using AP as well to go in and out of country, even after using EAD.
please advice on the same, good questions synergy.
more...
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s416504
11-16 01:30 PM
After entering US on AP you need to inform you employer. Your status after entering on AP makes you a Parolee ??????????
Inform verbally/New I9 Form? I haven't done this in past. I did used AP 2-3 times in past & haven't informed employer. What employer is going to do if we inform that we are on parolee status? Any USCIS law tells this to do?
Can any lawyer comment on this situation?
If you enter US using your AP even for the same employer you will no longer have your H1B status valid, you an return back to H1B status only after a renewal. After entering US on AP you need to inform you employer. Your status after entering on AP makes you a Parolee.
Inform verbally/New I9 Form? I haven't done this in past. I did used AP 2-3 times in past & haven't informed employer. What employer is going to do if we inform that we are on parolee status? Any USCIS law tells this to do?
Can any lawyer comment on this situation?
If you enter US using your AP even for the same employer you will no longer have your H1B status valid, you an return back to H1B status only after a renewal. After entering US on AP you need to inform you employer. Your status after entering on AP makes you a Parolee.
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gchope100
04-13 06:33 PM
Hi!,
Anyone who is done with interview process and their PD became current in April or May Bulletin got any I-485 approvals??
Anyone who is done with interview process and their PD became current in April or May Bulletin got any I-485 approvals??
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GC Struggle
04-16 02:46 PM
Ask your attorney to file an MTR. (ensure it done within 30 days of denial). When you file an MTR it sent back to the service center that had actually denied the petetion (in your case NSC) asking the IO to revisit his decsion (with any additional information that your attorney would add). If the IO is unable to make a decision, then he will refer your case to Administrative Appeals Unit.
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21stIcon
05-04 01:07 PM
I've been monitoring BEC&PERM for the past 30 days and delved deeper on all labor processing thread, but found none on denials of conversion, please point out some reference URLs for PERM conversion denials that would be helpful.
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canleo98
09-26 04:15 PM
Hi, I received the RNs of my wife and me (485,765 and 131) by calling the USCIS today. Online status check shows the receipt date of 09/24. I dont see my checks cashed yet. How much time it takes to get the check cashed ?
My RN date was Aug 24th and check was cashed on Aug 28th. I guess it usually takes 3-4 days to encash the checks.
My RN date was Aug 24th and check was cashed on Aug 28th. I guess it usually takes 3-4 days to encash the checks.
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pash02
05-26 11:37 AM
Thanks to IV core members, QGA, senators and their staff.
Kudos to Immigration Voice!
Kudos to Immigration Voice!
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UniGum
09-21 02:45 PM
let us hope and pray bec will do something to finish this ASAP.... it's too much depressing....
meridiani.planum
07-30 06:24 AM
I have a unique problem with possibly getting a green card too early. Please let me know how I can make this situation better. My priority date in EB2 India is in Jan 2006, which means potentially I could get my green card in 2-3 months.
I plan to get engaged in December 2008 and married in December 2009 to an Indian born Australian citizen. As far as I can see, her chargeability would be from India.
What are my options to make my life easier and to be able to successfully bring my future wife to the US the easiest possible way. So far, I have 2 options:
1. Use the special E3 work visa for Australian citizens.
2. If I dont get my GC within the next few months, do an early court marriage and invoke the following-to-join spouse when she is ready to come to the US.
If you follow #1 while you will have your GC immediately your wife will need to maintain her E3 visa until your PD is current again.
I plan to get engaged in December 2008 and married in December 2009 to an Indian born Australian citizen. As far as I can see, her chargeability would be from India.
What are my options to make my life easier and to be able to successfully bring my future wife to the US the easiest possible way. So far, I have 2 options:
1. Use the special E3 work visa for Australian citizens.
2. If I dont get my GC within the next few months, do an early court marriage and invoke the following-to-join spouse when she is ready to come to the US.
If you follow #1 while you will have your GC immediately your wife will need to maintain her E3 visa until your PD is current again.
sundarpn
05-29 09:51 PM
Oh I did not know that one person can send webfax for each state.
When I click that link it said "You have already sent it"
I'll check again now
When I click that link it said "You have already sent it"
I'll check again now
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