Friday, June 10, 2011

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  • webm
    05-04 08:33 PM
    Did anybody had expierence that they missed a appointment for any reason. What to do next? Go to center and request for reschedule or call national service center?

    Its a worth to try..give it a shot..take Infopass or call nation server center etc..




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  • ronhira
    10-02 03:31 PM
    this is another ANTI IMMIGRANT TROLL ALERT




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  • Jaime
    09-05 05:08 PM
    Retrogression affects ALL countries. ROW EB3 has been retrogressed for some time.

    Please be careful to not spread misconceptions about who is, or is not, affected.

    Well, right now it is all "U" on the visa bulletin, you are right. But I assure you that come October and the following months there will be visas for our Egyptian friend and ROW.




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  • guesswho
    03-13 04:58 PM
    Why is your lawyer is advising that? If you are maintaining H1/H4 status, you can absolutely go to India, get ur H1/H4 stamped and come back. I did that in Jan 2008 (my I-485 was pending and I had not applied for AP/EAD at that time. The consulate knew I had a pending I-485 application as I indicated that on the visa form), got my visa stamped and came back on H1B.

    The drawbacks I can think of -
    - ur H1 is delayed pending any kind of checks, then you don't have ur AP to rely on.
    - I don't know how it will affect your pending AP application.


    HI fellow members..

    I duly filed for AP along with my my 485 in OCT 2007. They messed up the photos on the AP. They put my wife's photo on mine and vice versa. We asked for a correction and they interchanged the case nos on the AP issued.

    So after 2 years they still have not given me a valid AP document. I refiled again last week.

    I have to attend my sisters wedding in June this year. We are still maintaining our H1/H4 status. My H1 is valid till 2011.

    Is it ok to leave the country without an AP and re-enter on H1.? I will have to apply for H1visa at the chennai consulate.

    My lawyer advises me not to go without an AP. Not going is not an option for me. Has anyone here re-entered in H1 visa after stamping whiel their I485 is pending.

    Im so tired of this immigration game. 0 Accountability. ..they told my lawyer they will not issue a correction to the wrong AP issued since it has already been approved till 2010 and I will have wait till 2010 to re-apply for correct AP and I cannot travel outside till 2010..do these people understand what they are doing ??

    Pls take a moment to reply



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  • jsb
    08-13 09:26 PM
    EB2 India
    PD 5/2004
    I-140 approved 6/2006 TSC
    I-485 delivered Jul 2, NSC
    LUD on I-140 7/28/2007
    No receipts or check cashing yet



    Hi,

    My application reached NSC on july 2nd 10.25 am & the LUD on my I-140 was changed on July 28th still no receipt notice or the cheque got cashed. No idea whatz going????

    So I guess the LUD change is nothing relevant to I-485 filing.

    Thanks & Regds
    MV




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  • andy garcia
    09-08 07:53 PM
    I filed for 485 in July without EAD and AP document since my H1B is valid for another 2 years. In a month's time the most unfortunate thing happened. The company that sponsored my H1B/Green Card just got acquired. It is anticipated that as a result several people will get laid off including me. I have yet to recieve the reciept notice for 485. What happens when something like this happens 180 days before? What are my options if I were to get laid off?
    1) Get H1B transfer to another company and hope that old employer won't revoke I-140.
    2) Don't get H1B transfer, don't work at all, apply for EAD and AP and wait for the next 5 months to pass. Again hope that employer doesn't revoke I-140.
    I have very good relations with employer and so far I have never needed to bend any rules, but don't know what the new people will be like.

    If you are on H1B status your employer has to cancel your visa once they lay you off. You need to transfer your H1 before they cancel it, otherwise you will be out of status.



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  • BPforGC
    08-13 06:13 PM
    1) The award you submitted was academic in nature. USCIS maintains that student awards such as fellowships, scholarships do not meet this criteria. Do you have anythingelse that is nationally recognized? Show me the evidence.

    2) You submitted your work at research meetings. That is what researchers are supposed to do. How is your work is above and beyond what is out there in those meetings? "Consequently, it does not follow that all scientists who are asked to present their findings enjoy sustained acclaim in their field". Show me how your presentation history exceeds others.

    3) Show the clear evidence that you have performed a leading and critical role in your organization.

    4) You published several papers. But scientists are supposed to publish and dessiminate their work. Please resubmit updated citation listing. Please submit objective listing that your publication history exceeds the rest of the field.

    Gurus... do I have a chance with these questions. I don't have any other national or international award such as Presidential Medal or Nobel Prize.

    My presentation at international conferences are posters. Nothing great such as plenary talk.

    I can submit more evidence of publications and citations.
    Letter about my role and responsibilities as leader in my institution.

    Thats it. Do I have a chance?




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  • getrdone
    11-12 02:51 PM
    http://mexico.usembassy.gov/eng/evisas_third_country.html



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  • eb2dec2005
    02-24 06:30 PM
    First speak to your employer if they
    a) sent a cancellation for H1B
    b) If they received any notice from USCIS/request for information or if they have any information about this
    c) Though it is not mandatory to file AC21 you can still file AC21 based on a consultation with an attorney.

    Most important thing is to know if your employer has informed USCIS about any updates or if the company has received any notification from them

    - good luck
    kris

    I spoke to my employer and he said they cancelled my H1B and not my GC. So i ma assuming my I140 was not revoked.

    thanks for your advice.




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  • aaaa4321
    08-24 11:47 PM
    Does anyone have an idea about this week receipt update as it is not out yet.
    Please advice.



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  • gimme_GC2006
    03-25 09:23 PM
    ok..from what I have been hearing from my multiple friends and company's attorneys, USCIS has been digging deep into most of the 485s..

    Our company guy said, there is some new policy in 485 processing which is causing them to gather lot of other information (I havent seen this policy published anywhere..so thought this guy is bluffing)..but I dont know many ppl have been saying about such RFEs or RFEs which were not raised before are more common now.

    Look at my other thread as an example.

    Hopefully you resolve it fast




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  • CaveMan232
    10-22 12:50 AM
    How long would this whole process take by the time 140 is approved?



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  • sandyn16
    11-01 12:30 AM
    I faced the same situation last year when my I94 expired because my passport expired in April 2007. I got my passport renewed but missed the I94 expiry date.
    I consulted my attorney and he advised leaving the country asap and coming back. I went to Canada (since I had a Canadian visitor visa) via Buffalo and came back, but the immigration officer told me am fine as long as my I797 is valid.
    I heeded my lawyers advise finally and visited India for a few weeks and came back and got new I94.
    Based on the information I gathered at that time, there is some time period , I think 40 days after the I94 expiry date by which you can file for new I94 within this country else you have to go out of the country and come back.




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  • kevinkris
    07-10 05:33 PM
    Hi,

    My friend has this scenario and want expert advise from IV members.

    - On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
    years in 3 months.
    - Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
    I485 (July fiasco)
    - I140 still pending

    Question:

    1. Does L1 period is counted for H1 extention?
    2. Can he do H1 transfer using AC21 without I140 approval?
    As 6 years are going to be expired?
    3. What if the old employer revokes his I140 now? His GC process is invalid?
    4. If we leave about GC, Can he do H1 transfer atleast?

    Thanks for your valuable suggestions.



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  • eastindia
    05-14 02:57 PM
    Any idea what Tech firms are doing to help CIR?




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  • waiting4gc
    07-18 03:06 PM
    As long as you file I 140 as soon as your labor is approved. Spouse has nothing to do with application till it hits the 485 stage so you can file your 485 later.

    Make sure you file your 140 in the regular channels and it should take some time to get approved.

    Even if you decide to change jobs, after 140 is approved, the priority date is yours. So if you have a copy of the approved I 140 when you change jobs, you have to start the process all over again but by submitting the approved I 140 from previous company, you can maintain the priority date.

    Hello guys,

    First of all thank you very much for your answers in advance.

    I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.

    I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.

    I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.

    So, here are my questions:

    Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?

    I am not planning to change my job. So, would my I-140 have an expiration date?

    Do you have any other suggestions? Thank you!



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  • GC Struggle
    04-09 12:31 PM
    Nothing to worry. - It means that your case has been transferred to your local office.




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  • sweet_jungle
    12-30 01:17 PM
    What you are saying may be logically correct, but USCIS needs the proof on paper. USCIS needs I-140 approval notice to give you 3-year H1B extension. You can try without that, but not gauranteed anything. Same with I-140 applying also, they need original copy of labour approval to file I-140. USCIS has proper application rejection procedures for all this. May be they are not having proper Approval procedures, but they do have proper Rejection procedures depending on documents required to file something.

    So finally, you have to get I-140 approval notice, otherwise they won't grant 3-year H1B extension.

    Requirement of labour approval is different. That comes from a different agency, DOL. For I-140, USCIS will be able to get all the information by entering case number. They should be able to link everything with the alien registration number.
    Anyways, if for first time, I get 1 year extension, then for next time, my G-639 should come through. H-1 costs are borne by companies, so, should not matter.




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  • viswanadh73
    01-04 08:47 AM
    hi gjoe,
    thanks for your reply. now EB3 Priority dates are gone back to 2001. say there is no visa numbers available after the 485 applications processed which are submitted in july and aug 2007. then waht they do? they have to keep the processed applications aside untill the visa numbers available right? so at that time which one become priority is Labour filing date or 485 RD?




    garybanz
    10-28 09:41 AM
    Congrats ! I guess the 3 green card is a magic number as mine was 10 yrs stay and 3 GC applications as well.

    Did you receive the I-797 approval letter and at which service center was your case approved at.

    Thanks

    Nope did not getthe I-797 yet, just an e-mail from USCIS. This was at NSC

    Did you get your physical green card? Have you completed your FP?




    sidbee
    02-22 12:37 PM
    I am not a lawyer , and this is not a legal advise.

    According to my study , and talk with some lawyers .. Yes it could be same.

    But if the Job description is same (not more than 50% different) , then u cannot use the experienced gained in the previous job with the same employer.

    Eg .

    You had 7 years of experience , and u worked as a software engineer (which required BS + 3 years of exp in c), and Ur company filed Ur GC in eb3.

    Now u get promoted to Senior Software Engineer (which required BS + 6 years of exp in c),Now if u had 6 years of exp in c before joining this company in the previous job. you should be eligible to file in EB2 based on Ur previous work ex.

    Talk to Ur attorney about the points i mentioned.



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