ruchigup
08-22 04:16 PM
Is your current employer supportive with respect to revoking 140 ? It looks like, you are doing H1 not using EAD ?
Yes my employer is supportive with respect to not revoking I-140.
Yes my employer is supportive with respect to not revoking I-140.
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txh1b
08-18 05:31 PM
They would however have to disclose that period of out of stay when they file the GC as G325 A asks for all status history. In other words, you will get screwed.
Whoever has some approval by means of luck or fluke does not make it the law. They will take the bite when time comes. A COS is not the way to go. A visa stamp or travel and re-entry may be a better way and note that it does not erase any earlier out of stay period.
Whoever has some approval by means of luck or fluke does not make it the law. They will take the bite when time comes. A COS is not the way to go. A visa stamp or travel and re-entry may be a better way and note that it does not erase any earlier out of stay period.
akilaakka
07-13 01:54 PM
Check law and Nirenr Joshi,
Mine was paper filed by Attorney.
Checklaw: There is nothing in the law that states you need to have AP continously. If you dont anticpate to travel then you dont need AP.
However if you are in EAD then it is advicable to have AP's as no one can predict emergenices.
Thanks
senthil
Mine was paper filed by Attorney.
Checklaw: There is nothing in the law that states you need to have AP continously. If you dont anticpate to travel then you dont need AP.
However if you are in EAD then it is advicable to have AP's as no one can predict emergenices.
Thanks
senthil
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CantLeaveAmerica
04-01 11:05 AM
Here is the answer! Your filing date was July2, 07. If you filed with NSC, in Feb they had moved their processing dates to July 18th. So your case was assigned to officer for review and he called for interview!.
Then he made a decision: Case approvable pending visa availability!
Hope that helps!
Yes, what Vinnysuru said makes sense completely and seems to be the apt explanation for your case. I have a question though if I may ask?
What did the Immigration officer ask you and what were your answers? Any input from you will be appreciated by all of us if someone here gets an interview call too :)
Then he made a decision: Case approvable pending visa availability!
Hope that helps!
Yes, what Vinnysuru said makes sense completely and seems to be the apt explanation for your case. I have a question though if I may ask?
What did the Immigration officer ask you and what were your answers? Any input from you will be appreciated by all of us if someone here gets an interview call too :)
more...
Green.Tech
06-19 01:56 PM
Bump.
Ramba
04-13 06:13 PM
Hello All,
I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.
These are my friend's details --
EB3 -- India.
I140 approved in July 2007.
485 filed in July 2007.
MS in Engg from USA.
MBA in Finance from top ten school in USA.
Has applied for couple of patents in tech field.
Author of few papers in tech field.
My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.
What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.
Also suggested were EB2-NIW and self-employment options.
What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?
I really appreciate all your replies. Pl treat this as very urgent.
Thanks.
Please post the occupation classification and the Onet code for the initial job for which GC applied. Also post the job descritipn/duties of the job; if known. Also post the currnt job dutiers and title. I can tro some lights.
I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.
These are my friend's details --
EB3 -- India.
I140 approved in July 2007.
485 filed in July 2007.
MS in Engg from USA.
MBA in Finance from top ten school in USA.
Has applied for couple of patents in tech field.
Author of few papers in tech field.
My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.
What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.
Also suggested were EB2-NIW and self-employment options.
What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?
I really appreciate all your replies. Pl treat this as very urgent.
Thanks.
Please post the occupation classification and the Onet code for the initial job for which GC applied. Also post the job descritipn/duties of the job; if known. Also post the currnt job dutiers and title. I can tro some lights.
more...
fromnaija
07-20 04:43 PM
If your friend maintains H status, she could bring her baby back on H4 visa.
Same question. My friend is pregnant and wants to deliver the baby in India. They have filed for AoS now. Howevr they are not sure how to bring ther baby in if they deliver in India.
Same question. My friend is pregnant and wants to deliver the baby in India. They have filed for AoS now. Howevr they are not sure how to bring ther baby in if they deliver in India.
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chanduv23
06-19 10:15 AM
Here is a recap from Murthy bulletin
USCIS Errors in Denying a Case
AILA Liaison requested that, where the USCIS denies a case in error, then the filing fee for a Motion to Reopen or appeal should be waived. It was suggested that the Ombudsman�s office needs to intervene in emergency cases, where time is of the essence.
Although the Ombudsman's office cannot adjudicate or approve a case, it believes that these channels may help in obtaining resolution via internal communications that recommend specific solutions.
It is important that the entire process with USCIS be followed in terms of filing the appeal or motion to reconsider (MTR) or other process. The CIS Ombudsman's office may attempt to intervene to resolve particular matters, but the individual or employer needs to follow the particular agency's guidelines and not miss any deadline or assume that the Ombudsman will resolve all legal concerns within a particular timeframe.
Folks - if we are not willing to help ourselves, we will have to go through these burden. So plese come forward.
If Authorities know about issues that are common and widespread - then necessary steps will be taken to correct them - otherwise we are all bound to suffer
USCIS Errors in Denying a Case
AILA Liaison requested that, where the USCIS denies a case in error, then the filing fee for a Motion to Reopen or appeal should be waived. It was suggested that the Ombudsman�s office needs to intervene in emergency cases, where time is of the essence.
Although the Ombudsman's office cannot adjudicate or approve a case, it believes that these channels may help in obtaining resolution via internal communications that recommend specific solutions.
It is important that the entire process with USCIS be followed in terms of filing the appeal or motion to reconsider (MTR) or other process. The CIS Ombudsman's office may attempt to intervene to resolve particular matters, but the individual or employer needs to follow the particular agency's guidelines and not miss any deadline or assume that the Ombudsman will resolve all legal concerns within a particular timeframe.
Folks - if we are not willing to help ourselves, we will have to go through these burden. So plese come forward.
If Authorities know about issues that are common and widespread - then necessary steps will be taken to correct them - otherwise we are all bound to suffer
more...
abhatti
07-16 02:56 PM
where do you all see/consult for updates or news on USCIS activities?
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mariusp
02-22 09:28 PM
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
TSC
485: went from May 24 to April 10, 2007 :(
140: June 23, 2007
NSC
485: July 30, 3007
140: Jan 22, 2007
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
TSC
485: went from May 24 to April 10, 2007 :(
140: June 23, 2007
NSC
485: July 30, 3007
140: Jan 22, 2007
more...
GCard_Dream
07-13 05:41 PM
Alright.. I had the power (zee.. I am so powerful) to give you some reputation in IV society and I did that because you sound like a very nice person. :D
Now go and do some good work for this society like donating money to IV or doing volunteer work.. something of that nature to build up more reputation. :D
It's good to find humor in difficult times like yesterday and today. I have seen so many funny posts today that I have been laughing my head off despite the uncertainty surrounding VB fiasco.
Man, this is so funny, Somebody give me some good or atleast some bad reputation :D :D :D :D
Now go and do some good work for this society like donating money to IV or doing volunteer work.. something of that nature to build up more reputation. :D
It's good to find humor in difficult times like yesterday and today. I have seen so many funny posts today that I have been laughing my head off despite the uncertainty surrounding VB fiasco.
Man, this is so funny, Somebody give me some good or atleast some bad reputation :D :D :D :D
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snathan
03-31 04:24 PM
Client lawyers have advised against it. So vendor can't do anything. I'm still trying to see if they can fax it directly to the consulate or send it in seal envelope to them
Everyone from HR Head to Technology Heads are involved and are doing the best to help me. And then I'm just a contractor whom they can always kick to the curbside.
So the final option if everything else is not working...join your client and get the H1 transfer. So you dont need to lose your job and can come back soon
Everyone from HR Head to Technology Heads are involved and are doing the best to help me. And then I'm just a contractor whom they can always kick to the curbside.
So the final option if everything else is not working...join your client and get the H1 transfer. So you dont need to lose your job and can come back soon
more...
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manusingh
01-08 10:06 AM
My wife attended for H4 stamping at Hyderabad consulate yesterday, 10/13/09. The consulate officer was asking for my current visa copy even though my wife gave my H1B extension approval copy with valid I-94.
Here is the immigration status so far:
1. Current H1 valid from Oct 09-Sep 11 with I-94
2. Earlier changed from L1 to H1 in April 2007. Then traveled to India using AP as I filed for 485 in Aug 07.
3. Had L1 visa stamping in Jan 2006.
So my old passport has L1 visa and new passport has AP stamp. Now I am thinking to answer the US Consulate Hyderabad explaining my current status - that I have a approved H1 petition but no visa stamping.
Please let me know your suggestions!!! Is there any chance that the visa can be rejected and revoked.
Now my last option is to apply for AP for my wife while she is in India.
Can I apply for AP when she is in India?
Thanks
Hi
Does your wife got H-1B stamped, could you pl send us all details. It may help us.
Here is the immigration status so far:
1. Current H1 valid from Oct 09-Sep 11 with I-94
2. Earlier changed from L1 to H1 in April 2007. Then traveled to India using AP as I filed for 485 in Aug 07.
3. Had L1 visa stamping in Jan 2006.
So my old passport has L1 visa and new passport has AP stamp. Now I am thinking to answer the US Consulate Hyderabad explaining my current status - that I have a approved H1 petition but no visa stamping.
Please let me know your suggestions!!! Is there any chance that the visa can be rejected and revoked.
Now my last option is to apply for AP for my wife while she is in India.
Can I apply for AP when she is in India?
Thanks
Hi
Does your wife got H-1B stamped, could you pl send us all details. It may help us.
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makemygc
07-18 02:16 PM
Atlanta PERM Center belongs to DOL not USCIS
My mistake. You don't need to bold it.
My mistake. You don't need to bold it.
more...
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andy_traps
03-26 07:31 PM
Hi,
Does anyone know if people on H4 are allowed to work unpaid? For example, can a person on an H4 visa file for an H1B visa with a start date of October 1st, 2007 but work on a volunteer basis (i.e., unpaid) at the same job while waiting for the H1B to come?
Thanks,
Andy
Does anyone know if people on H4 are allowed to work unpaid? For example, can a person on an H4 visa file for an H1B visa with a start date of October 1st, 2007 but work on a volunteer basis (i.e., unpaid) at the same job while waiting for the H1B to come?
Thanks,
Andy
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same_old_guy
02-20 06:53 PM
invincibleasian :
Could you please share your experience with FOIA application for I-140. Did you finally get the copy ?
Also, what all document you need to apply for it ?
I am planning to do that since my employer denied me for getting I-140 copy.
Appreciate your resposne.
Could you please share your experience with FOIA application for I-140. Did you finally get the copy ?
Also, what all document you need to apply for it ?
I am planning to do that since my employer denied me for getting I-140 copy.
Appreciate your resposne.
more...
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anilsal
08-05 04:09 PM
the process of interviews. Can you please tell us how you are notified about a possible interview, how much time you have to prepare for the interview (15 day notice, 30day notice??), how one can postpone the interview (calling USCIS or need to send a letter) etc.
This will benefit members.
This will benefit members.
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rajuseattle
04-27 07:55 PM
According to USCIS's interpretation of the backlog the pending applicants from retrogressed countries do not count as the backlog because they can not process those petitions until VISA dates moves further.
I hope once they make this information available on their WEB site or to respond to IV's request to disclose the pending AoS applicants based on country of chargeability and category, we will know how many AoS pending and can judge how long it will take to receive our GCs.
I am glad atleast they r acknowledging the fact that their is backlog and they are serious about clearing the backlogs. I can imagine the July-Aug 2007 concurrent filers are now receiving their I-140 approvals. In this bad economy one need to have I-140 approval to use AC-21 provision in case of layoffs.
No hopes on CIR , that debate will be their for a while until economy starts improving, until then no reform or any releif for legal immigrants....people just talking baout US protectionism and bla bla bla...nobody cares few thousand indians and chinese applicant's petitions rotting in the USCIS service centres for years for no VISA numbers.
I hope once they make this information available on their WEB site or to respond to IV's request to disclose the pending AoS applicants based on country of chargeability and category, we will know how many AoS pending and can judge how long it will take to receive our GCs.
I am glad atleast they r acknowledging the fact that their is backlog and they are serious about clearing the backlogs. I can imagine the July-Aug 2007 concurrent filers are now receiving their I-140 approvals. In this bad economy one need to have I-140 approval to use AC-21 provision in case of layoffs.
No hopes on CIR , that debate will be their for a while until economy starts improving, until then no reform or any releif for legal immigrants....people just talking baout US protectionism and bla bla bla...nobody cares few thousand indians and chinese applicant's petitions rotting in the USCIS service centres for years for no VISA numbers.
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belmontboy
04-22 09:33 PM
In fiscal year 2006, there were 5 Indian firms in the top 10 users of H1B visa.
http://www.networkworld.com/community/?q=node/15273
However, when it comes to PERM filing there is only 1 Indian company in the top 10 list of PERM filers. That is very interesting. Does it mean that Indian companies do not encourage or support GC process as much as the American companies do? I sure hope that's not the case and employees of those Indian companies are getting a fare shot at the Greencard.
Indian companies like wipro, infosys discourage GC processes.
http://www.networkworld.com/community/?q=node/15273
However, when it comes to PERM filing there is only 1 Indian company in the top 10 list of PERM filers. That is very interesting. Does it mean that Indian companies do not encourage or support GC process as much as the American companies do? I sure hope that's not the case and employees of those Indian companies are getting a fare shot at the Greencard.
Indian companies like wipro, infosys discourage GC processes.
stxvr
07-07 04:24 PM
I am on H1B. I am palnning to file AOS. Category F1 is Child of unmarried son of US citizen(family based).
The LCA and Petition papers used for the my H1 Visa (at consulate interview) has the Job Title Programmer I and location A. But before coming to USA I got reassigned and I got a new LCA from the company (I got new LCA in India itself). Recently I looked into that New LCA it has recorded my Job Title as Programmer II and my current location location B.
I have following question.
My questions:
1. Does this Probrammer I/ Probrammer II change in LCAs affects my AOS.
2. If my oroginal petition and LCA has the job title programmer I and after that I got new LCA for new location with Job title programmer II than it is OK Or I must have to have the job title programmer I (same as matching with original petition)
The LCA and Petition papers used for the my H1 Visa (at consulate interview) has the Job Title Programmer I and location A. But before coming to USA I got reassigned and I got a new LCA from the company (I got new LCA in India itself). Recently I looked into that New LCA it has recorded my Job Title as Programmer II and my current location location B.
I have following question.
My questions:
1. Does this Probrammer I/ Probrammer II change in LCAs affects my AOS.
2. If my oroginal petition and LCA has the job title programmer I and after that I got new LCA for new location with Job title programmer II than it is OK Or I must have to have the job title programmer I (same as matching with original petition)
webpromo
03-27 12:36 PM
this is not a game , this happened really to me .I am Indian .They did not gave my passport back . They took my passport and send me to Bangalore Airport back .I know they don't have any right to hold any one's property that too a country citizenship passport.I am looking for an answer and advice , not question for a question
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