krishnam70
05-06 11:52 AM
Here is my story, Immigration experts are requested to suggest.......
My H1 started from Oct 05 with Employer A.
Applied Labor in Feb 07, Approved in Feb 07.
I-140 approved in May 07.
Applied I-485 in July 07, still pending.
EAD, AP received in Oct 07 - Expired in Oct 08 (Never Used)
Renewed EAD in Oct 08, valid till Oct 2010.
In Oct 08 H1 expired (3 years), Employer A filed for extension in Sep 08.
The project with Employer A finished on Nov 22, 08. (on H1)
Started new project with Employer B on EAD from Nov 24, 08.
(AC21 was not filed)
Employer A responded an RFE for H1 extension in Jan 09. (3years of Tax
Returns, W2, etc)
Due to miscommunication between me and Employer A, he was notified of my
new job on EAD with Employer B in march 09.
H1 Extension with Employer A got REJECTED on April 26, 09. Reason - End client
contract not submitted. (It was not mentioned in RFE)
Never filed an AC21.
What should I do now ? Will this H1 extension rejection become an
obstable in getting I-485 approved ? Will there be any problem in getting
third extension of EAD if I-485 is still pending ?
Should I appeal this case by submitting all the end client contracts ? But I have
used EAD ...........I have good relation with Employer A and am assuming he will
not revoke my I-140.
Experts please suggest........
Here is my observation
1. Since your H1 with your original employer A was rejected the next step from your employer would be to revoke the H1 petition ( i am not sure if rejection means automatic revocation)
2. You implicitly used AC21 by moving to a new employer and working on an EAD
3. You could have an issue if, employer A revokes your I140. There is some evidence to suggest that lot of such cases are getting NOID and getting rejected. This is based on readings on this forum in other threads.
4. On the contrary if employer A is not withdrawing your I140 which means he is still willing to support your GC ( implicit meaning is that you will work for him in future). You might get an RFE next time you apply for some renewal or just like that on your 485 asking you for 'proof of employment'. In which case you submit the necessary documentation.
The key here really is to make sure your Employer A does not revoke your I140. I know the advocates of AC21 have been arguing in the other threads that it beats the purpose of Ac21 if USCIS is rejecting such cases but its a grey area and certainly a cause for concern.
- cheers
kris
My H1 started from Oct 05 with Employer A.
Applied Labor in Feb 07, Approved in Feb 07.
I-140 approved in May 07.
Applied I-485 in July 07, still pending.
EAD, AP received in Oct 07 - Expired in Oct 08 (Never Used)
Renewed EAD in Oct 08, valid till Oct 2010.
In Oct 08 H1 expired (3 years), Employer A filed for extension in Sep 08.
The project with Employer A finished on Nov 22, 08. (on H1)
Started new project with Employer B on EAD from Nov 24, 08.
(AC21 was not filed)
Employer A responded an RFE for H1 extension in Jan 09. (3years of Tax
Returns, W2, etc)
Due to miscommunication between me and Employer A, he was notified of my
new job on EAD with Employer B in march 09.
H1 Extension with Employer A got REJECTED on April 26, 09. Reason - End client
contract not submitted. (It was not mentioned in RFE)
Never filed an AC21.
What should I do now ? Will this H1 extension rejection become an
obstable in getting I-485 approved ? Will there be any problem in getting
third extension of EAD if I-485 is still pending ?
Should I appeal this case by submitting all the end client contracts ? But I have
used EAD ...........I have good relation with Employer A and am assuming he will
not revoke my I-140.
Experts please suggest........
Here is my observation
1. Since your H1 with your original employer A was rejected the next step from your employer would be to revoke the H1 petition ( i am not sure if rejection means automatic revocation)
2. You implicitly used AC21 by moving to a new employer and working on an EAD
3. You could have an issue if, employer A revokes your I140. There is some evidence to suggest that lot of such cases are getting NOID and getting rejected. This is based on readings on this forum in other threads.
4. On the contrary if employer A is not withdrawing your I140 which means he is still willing to support your GC ( implicit meaning is that you will work for him in future). You might get an RFE next time you apply for some renewal or just like that on your 485 asking you for 'proof of employment'. In which case you submit the necessary documentation.
The key here really is to make sure your Employer A does not revoke your I140. I know the advocates of AC21 have been arguing in the other threads that it beats the purpose of Ac21 if USCIS is rejecting such cases but its a grey area and certainly a cause for concern.
- cheers
kris
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bindas74
01-17 06:15 PM
I see that Dream Act folks are trying to get > 60000 points, to showcase their support. We need to match for the posts like Legal Immigration in there. Currently the top posts for "legal immigration" are around 2000 points. Not many ppl are not taking interest.
Please vote up on our causes! Easy job..but please act!
I think anti-immigrant groups are voting down on pro-immigrant policies. So, one should vote down on all anti-immigrant policies as well. Just voting up on pro-immigrantion policies wont help I guess
Please vote up on our causes! Easy job..but please act!
I think anti-immigrant groups are voting down on pro-immigrant policies. So, one should vote down on all anti-immigrant policies as well. Just voting up on pro-immigrantion policies wont help I guess
bharol
08-15 01:29 AM
I have now created public spreadsheet for the status of the people on this forum. You do not even have to login to be able to edit it. The url is as follows:
http://spreadsheets.google.com/ccc?key=pQG8H7vLQOz5-YnFYQw71PA&hl=en
I may have missed some people, so please double check and add yourself. Please make sure that the date format is the same as existent so that it becomes consistent and easy to slice , dice and research. Please do not sort the data. We will sort it later on. If you sort it, the title row is also sorted plus there is too much of sorting while people are editing.
How to add an enty?
it does not let me.
http://spreadsheets.google.com/ccc?key=pQG8H7vLQOz5-YnFYQw71PA&hl=en
I may have missed some people, so please double check and add yourself. Please make sure that the date format is the same as existent so that it becomes consistent and easy to slice , dice and research. Please do not sort the data. We will sort it later on. If you sort it, the title row is also sorted plus there is too much of sorting while people are editing.
How to add an enty?
it does not let me.
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senthil1
02-10 02:15 PM
Another issue is no Banks or Companies issued any statement. Simply they will be accepting the conditions to get the money. Nothing is going to acheived when a few people go for ralley as it will turn out to be get together.When any of the provision comes for Tech companies Compete America and Microsoft would have opposed it.
You are missing the point. Let me start by saying that I AM ON EAD. I do not work for the financial sector. I am NOT affected by the H-1B ban.
The problem is not H-1B ban in itself, but the growing rhetoric that puts legal EB community right along the side with border jumpers. I see the same sense of resentment towards EB immigrants that people have towards illegal immigrants. This is deeply troubling.
There is not a single lawmaker who is questioning the antics used by the anti-EB advocates. The Senate passed the Grassley amendment with voice vote, without any debate or comments. Nobody even asked for a count. In a sense, silence is acceptance (by everybody) of the allegations made by anti-EB advocates. This shows the direction in which the EB reform is headed (or not headed). If the current trend continues, CIR will come and go without any measures for EB immigration. All of us will be left hanging with our EADs forever.
The H-1B ban is just the tip of the iceberg. When you say its not affecting people with EAD, I feel like you are watching the ocean recede signaling the oncoming tsunami and you are saying that oh, the water is going away, I am sitting on the beach, no problems here.
The Congress will pass the provisions that they think is in the best interest of the country. We can't and won't fight that. If abolishing H-1B or EB entirely is part of that, so be it. But let it not be under false pretenses that people like you and me are cheap and somehow stealing jobs. Lets do our part to ensure that they make an informed decision. Calling us cheap laborers is a slap on our face. The least we can do is stand up for ourselves.
Time is short. We can't expect people to travel from far. We don't need thousands of people. Even 10 people can make such a protest meaningful if we do it effectively and time it right. I welcome any and all suggestions from others - including criticism, which will only make our efforts more effective.
You are missing the point. Let me start by saying that I AM ON EAD. I do not work for the financial sector. I am NOT affected by the H-1B ban.
The problem is not H-1B ban in itself, but the growing rhetoric that puts legal EB community right along the side with border jumpers. I see the same sense of resentment towards EB immigrants that people have towards illegal immigrants. This is deeply troubling.
There is not a single lawmaker who is questioning the antics used by the anti-EB advocates. The Senate passed the Grassley amendment with voice vote, without any debate or comments. Nobody even asked for a count. In a sense, silence is acceptance (by everybody) of the allegations made by anti-EB advocates. This shows the direction in which the EB reform is headed (or not headed). If the current trend continues, CIR will come and go without any measures for EB immigration. All of us will be left hanging with our EADs forever.
The H-1B ban is just the tip of the iceberg. When you say its not affecting people with EAD, I feel like you are watching the ocean recede signaling the oncoming tsunami and you are saying that oh, the water is going away, I am sitting on the beach, no problems here.
The Congress will pass the provisions that they think is in the best interest of the country. We can't and won't fight that. If abolishing H-1B or EB entirely is part of that, so be it. But let it not be under false pretenses that people like you and me are cheap and somehow stealing jobs. Lets do our part to ensure that they make an informed decision. Calling us cheap laborers is a slap on our face. The least we can do is stand up for ourselves.
Time is short. We can't expect people to travel from far. We don't need thousands of people. Even 10 people can make such a protest meaningful if we do it effectively and time it right. I welcome any and all suggestions from others - including criticism, which will only make our efforts more effective.
more...
jsb
04-17 09:30 AM
Here is what I understand, but make sure you seek professional opinion before making any move.
He can simply submit another I-485 as the derivative of your application. Of course that can only happen when your PD becomes current. He does not have to withdraw his own application. If he gets GC as your derivative, his other I-485 will automatically become invalid.
Sending a new 485 as derivative means new fee too. RFE suggests that case is active in some way. Therefore, there is no harm in sending a second letter about the relationship, including marriage certificates etc, with A# and Receipt # references of both (these are the only two references in their system, PD's are only on paper). Best..
He can simply submit another I-485 as the derivative of your application. Of course that can only happen when your PD becomes current. He does not have to withdraw his own application. If he gets GC as your derivative, his other I-485 will automatically become invalid.
Sending a new 485 as derivative means new fee too. RFE suggests that case is active in some way. Therefore, there is no harm in sending a second letter about the relationship, including marriage certificates etc, with A# and Receipt # references of both (these are the only two references in their system, PD's are only on paper). Best..
kshitijnt
07-27 02:46 PM
Hi,
My I-140/I-485 are pending. I had also applied for my EAD card which I received promptly. The EAD card will expire in October, 2008. You know, at least until the I-140 gets approved, I don't need the EAD card. Can I just let it expire and renew it when I need it? Or will it be a separate application when I try to renew an expired EAD.
Thanks.
If your renewal requires fees, I would not get it approved.
My I-140/I-485 are pending. I had also applied for my EAD card which I received promptly. The EAD card will expire in October, 2008. You know, at least until the I-140 gets approved, I don't need the EAD card. Can I just let it expire and renew it when I need it? Or will it be a separate application when I try to renew an expired EAD.
Thanks.
If your renewal requires fees, I would not get it approved.
more...
loudobbs
09-25 11:21 AM
before the new quota begins..
Any ideas how many visas are left? I still see a few approvals in ...
Could we see more approvals coming starting Oct 1 st?
I am getting desperate. MY PD is Aug 03 EB2 and it is current. Every day is a torture working for my current employer...
my last resort will be AC-21 Jan 2008
Any ideas how many visas are left? I still see a few approvals in ...
Could we see more approvals coming starting Oct 1 st?
I am getting desperate. MY PD is Aug 03 EB2 and it is current. Every day is a torture working for my current employer...
my last resort will be AC-21 Jan 2008
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hemasar
05-25 03:29 PM
Does anyone have recent experience with the Chicago office of Consulate of India for passport renewal. How long does it take? 2 weeks, 3 weeks, more than 3 weeks.
I renewed my passport at Chicago in 2003 it took just one week. I felt they are much better than the central government offices in India.
I renewed my passport at Chicago in 2003 it took just one week. I felt they are much better than the central government offices in India.
more...
ramaonline
07-10 07:37 PM
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?
[I]H1 term of 6 years includes l1 time and excludes vacation periods
2. Can he do H1 transfer using AC21 without I140 approval?
Not sure what you are looking for. 1 year H1 extension is possible since labor PD is 2004. The extension also allows you to transfer / change employers[I]
As 6 years are going to be expired?
3. What if the old employer revokes his I140 now? His GC process is invalid?
premium processing for 140 is available in some cases - chk the faq on uscis website. If the 140 is withdrawn prior to approval then the PD cannot be ported. If it is revoked after approval then u can retain the PD for any new GC process. 3 year h1 extn is also possible
4. If we leave about GC, Can he do H1 transfer atleast?
Yes based on approved LC + h1 extension.
Note that gc is for a future job offer.
- 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?
[I]H1 term of 6 years includes l1 time and excludes vacation periods
2. Can he do H1 transfer using AC21 without I140 approval?
Not sure what you are looking for. 1 year H1 extension is possible since labor PD is 2004. The extension also allows you to transfer / change employers[I]
As 6 years are going to be expired?
3. What if the old employer revokes his I140 now? His GC process is invalid?
premium processing for 140 is available in some cases - chk the faq on uscis website. If the 140 is withdrawn prior to approval then the PD cannot be ported. If it is revoked after approval then u can retain the PD for any new GC process. 3 year h1 extn is also possible
4. If we leave about GC, Can he do H1 transfer atleast?
Yes based on approved LC + h1 extension.
Note that gc is for a future job offer.
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eb2_mumbai
10-28 09:33 AM
I am not 100 % sure on how pre-approved labors are judged but isnt it true that you should be qualifying from the PD of that labor so in your case 2004. This would mean your 2007 MS will not be accepted since that is after the labor. Now your BSc + 1 Yr PGD might work only if you have them in same field. I mean not guranteed but least you have a chance to appeal. But say they are totally different fields then it might not work. Example BCom + 1 Yr Computer Diploma will not cut the ice in this difficult period. If you need better answers you need to put in more details.
more...
SherazKhan
12-05 06:57 PM
The RFE just asked for a copy of my NSEERS registration on the back of my I-94. Its been send by my lawyer
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ps57002
10-17 10:00 PM
Hi Ps57002 good to see you here.
I saw you in . I was h12GC in .
My case also similar:
PERM Applied - 04/24/2007 - EB3.
Perm Approved - 08/14/2007.
I-140 E-filed - 08/16/2007. Got Online Receipt. Sent the required Documents to USCIS after a week.
I-485/EAD/AP - Posted on 08/16/2007. Included the Online Labor Approval Petition without signatures and Online receipt of I-140.
Received USCIS on 08/17/2007.
Waiting for Receipts.
Don't know whether it will be accepted or will get an RFE.
Hey keep me posted on your status.
I can be reached at sudhakar226@yahoo.com or 862-754-8326.
Good Luck.
UPDATE:
My checks cashed today, got receipts from back of checks...have 4 different receipt numbers, used it to check on uscis...
my concerns..
case was sent to nebraska though should've been texas as employer is in NY, so thought it would be transfered...it wasn't. it shows at nebraska
4 different receipt numbers show 1 case for 140, 1 case for AP, and 2 cases for 485???? 2????... NO EAD. (my check for 485/ead were one check though in it's memo part i put 485/ead). what should i do? now my ead will be delayed cause i have no case for that.
they can't reject a case after cashing checks, right???? i mean they can ask for RFE esp for my missing labor hard copy approval, but not reject. why cash in first place then??? right???
I hope you hear something soon too...keep me updated.
I saw you in . I was h12GC in .
My case also similar:
PERM Applied - 04/24/2007 - EB3.
Perm Approved - 08/14/2007.
I-140 E-filed - 08/16/2007. Got Online Receipt. Sent the required Documents to USCIS after a week.
I-485/EAD/AP - Posted on 08/16/2007. Included the Online Labor Approval Petition without signatures and Online receipt of I-140.
Received USCIS on 08/17/2007.
Waiting for Receipts.
Don't know whether it will be accepted or will get an RFE.
Hey keep me posted on your status.
I can be reached at sudhakar226@yahoo.com or 862-754-8326.
Good Luck.
UPDATE:
My checks cashed today, got receipts from back of checks...have 4 different receipt numbers, used it to check on uscis...
my concerns..
case was sent to nebraska though should've been texas as employer is in NY, so thought it would be transfered...it wasn't. it shows at nebraska
4 different receipt numbers show 1 case for 140, 1 case for AP, and 2 cases for 485???? 2????... NO EAD. (my check for 485/ead were one check though in it's memo part i put 485/ead). what should i do? now my ead will be delayed cause i have no case for that.
they can't reject a case after cashing checks, right???? i mean they can ask for RFE esp for my missing labor hard copy approval, but not reject. why cash in first place then??? right???
I hope you hear something soon too...keep me updated.
more...
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mbawa2574
02-10 10:28 AM
Hello Pappu
I have emailed a draft to the chapter leader and have cc'ed the email address below. I have asked a former editor of one of the big dailies to review it and to suggest if other outlets can run with the piece.
BR
Please PM me and I can give out the details.
THX
I have emailed a draft to the chapter leader and have cc'ed the email address below. I have asked a former editor of one of the big dailies to review it and to suggest if other outlets can run with the piece.
BR
Please PM me and I can give out the details.
THX
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anilsal
11-06 11:14 AM
There is an issue. You have to make a trip to the local police station every six months to register your child. If you're lucky, the officials will be polite and helpful and do this without fuss. But knowing India very well, they're more likely to create a fuss till you've bribed them. Also, now they know where your child lives and the fact that he/she is a US citizen. Who knows, what kind of people they will pass on this information to...
Conspiracy theories aside, the whole procedure reeks of the way sex offenders have to register with the police in the US - I just don't like it.
So this Police station registration is if the child starts to live in India or when the child visits India? Where is this rule documented?
If such rules exist, then there should be a formal complaint with the nearest Consulate General. They are reasonable people.
Conspiracy theories aside, the whole procedure reeks of the way sex offenders have to register with the police in the US - I just don't like it.
So this Police station registration is if the child starts to live in India or when the child visits India? Where is this rule documented?
If such rules exist, then there should be a formal complaint with the nearest Consulate General. They are reasonable people.
more...
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rbharol
08-23 04:34 PM
I talked to the contact person at competeamerica.org
According to him They won�t vote on any immigration bills till after the election.
So it seems it will be after november only.
But look at the positive side. We have more time to contact the law makers.
According to him They won�t vote on any immigration bills till after the election.
So it seems it will be after november only.
But look at the positive side. We have more time to contact the law makers.
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keshtwo
07-05 04:32 PM
Dudes and Dudettes,
Stop whining. The DOS giveth and DOS taketh away. Its nothing to do with our being united or not. If we could do anything concrete, believe me, people would be on it. no one wants to waste time on inconsequential ideas.
Stop whining. The DOS giveth and DOS taketh away. Its nothing to do with our being united or not. If we could do anything concrete, believe me, people would be on it. no one wants to waste time on inconsequential ideas.
more...
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danila
07-27 07:45 AM
Part 6 , Processing Information On Page8 of I-765 Instructions states =>
"Interim EAD. If you have not received a decision within90 days of receipt by USCIS of a properly filed EADapplication or within 30 days of a properly filed initial EADapplication based on an asylum application filed on or afterJanuary 4, 1995, you may obtain interim work authorization byappearing in person at your local USCIS district office. Youmust bring proof of identity and any notices that you havereceived from USCIS in connection with your application foremployment authorization."
Notice that Interim EAD is for ASYLUM Applicants.
Not true. It is 30 days for the asylum based apps and 90 days for the rest.
"Interim EAD. If you have not received a decision within90 days of receipt by USCIS of a properly filed EADapplication or within 30 days of a properly filed initial EADapplication based on an asylum application filed on or afterJanuary 4, 1995, you may obtain interim work authorization byappearing in person at your local USCIS district office. Youmust bring proof of identity and any notices that you havereceived from USCIS in connection with your application foremployment authorization."
Notice that Interim EAD is for ASYLUM Applicants.
Not true. It is 30 days for the asylum based apps and 90 days for the rest.
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dealsnet
10-23 01:52 PM
These people have a big microsoft word file with some information. Take your $1000 and will do 'find and replace' option in the WORD to change into your name. You may think you have a ton of info to support your case. Everyone doing with them will have the same file (only name is changed).
Now USCIS knows this, and will be doomed.
Please save yourself money and time. I used CCI. I paid $925. Sheila will talk like its a piece of cake to get the approval. Its a BIG LIE. Actually CCI is flagged by USCIS. She will also give you a pdf document of 50 mb or so for you to take a print out and if in case you send it, you application is doomed. After submitting her evaluation, mine got denied. Talk to a good attorney like murthy and take a chance with them instead of spending a grand with this women.
Now USCIS knows this, and will be doomed.
Please save yourself money and time. I used CCI. I paid $925. Sheila will talk like its a piece of cake to get the approval. Its a BIG LIE. Actually CCI is flagged by USCIS. She will also give you a pdf document of 50 mb or so for you to take a print out and if in case you send it, you application is doomed. After submitting her evaluation, mine got denied. Talk to a good attorney like murthy and take a chance with them instead of spending a grand with this women.
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kondur_007
08-04 10:07 AM
Hey, great example and at a good time.
This is the second major area that needs a great improvement (first being the legislative changes to increase visa numbers somehow). I can't tell, which one of these two issues is more important.
Now that PD is current for a large number of EB2s, you will see approvals coming randomly (not in order of PDs or RDs); largely due to inefficiency of USCIS. They simply dont have enough resources or mechanism to utilize current resources to deal with what they are dealing with. And so, we come across issues like these. It is unfortunate and sad that things at USCIS are running worse than any government office in third world countries.
Regardless, I am glad to see one more example of "Gandhigiri at work". At least he got his GC.
This is the second major area that needs a great improvement (first being the legislative changes to increase visa numbers somehow). I can't tell, which one of these two issues is more important.
Now that PD is current for a large number of EB2s, you will see approvals coming randomly (not in order of PDs or RDs); largely due to inefficiency of USCIS. They simply dont have enough resources or mechanism to utilize current resources to deal with what they are dealing with. And so, we come across issues like these. It is unfortunate and sad that things at USCIS are running worse than any government office in third world countries.
Regardless, I am glad to see one more example of "Gandhigiri at work". At least he got his GC.
GMKrishna
10-05 05:55 PM
This announcement proves that IV is a very democratic, honest and competitive organization for the cause of legal and highly skilled immigrants.
Good job IV.
Thanks,
Good job IV.
Thanks,
suny_saini
08-06 07:17 AM
I-140 was approved on october 08, 2002
and it was filed on may 20, 2003
i dnt think that my dad filed I-485.
and it was filed on may 20, 2003
i dnt think that my dad filed I-485.
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