anilsal
11-15 11:23 PM
Since you are filing your GC through a lawyer, it is their job to advice you when the time comes. Keep them informed about your case and they should research and guide.
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uma001
05-17 03:02 PM
How much time is it taking to get PR. Is it 3 years?
redgreen
03-14 12:14 PM
So what exactly is meant by this switching? How/What does it affect? Where or how you/company/USICS decide whether you are on H1 or EAD?
Thanks coopheal, desi3933.
But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee�s eligibility or change in job duties. So no requirement to cancel H1b.
Thanks coopheal, desi3933.
But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee�s eligibility or change in job duties. So no requirement to cancel H1b.
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gcformeornot
08-29 12:36 PM
I saw many 2nd July Polls but doesn't have full proof information.
So thaught creating New Poll.
Hope everyone will participate in the Poll.
not full proof.
So thaught creating New Poll.
Hope everyone will participate in the Poll.
not full proof.
more...
Michael chertoff
05-14 12:21 PM
You are asking best of best in the area which has US most richest counties and for $300K.
Its hard but housing market slowdown may work in your favor. Very good move, good luck.
Bahot theek Bhaiyaa..
Its hard but housing market slowdown may work in your favor. Very good move, good luck.
Bahot theek Bhaiyaa..
krishnam70
05-01 04:23 PM
Ya I have applied 2 months before my visa expired..Guru's any expert on this forum knows aout the period of stay after an appeal for h1 extension denial..
Unless you receive the denial letter from the USCIS we cannot give any advise. We need to know the reason. If its a trivial matter or not you can definitely do MTR and provide additional information. However this seems to be a case where USCIS has been overzealous in denying the case.
They might be asking some kind of Agreement or Letter from client based on the recent denials. Please be prepared to get such a letter from your client stating the extent of your project ( try to get a letter for the extent of your H1 or beyond that to cover yourself).
goodluck and keep the forum posted on your progress so others may benefit
- cheers
kris
Unless you receive the denial letter from the USCIS we cannot give any advise. We need to know the reason. If its a trivial matter or not you can definitely do MTR and provide additional information. However this seems to be a case where USCIS has been overzealous in denying the case.
They might be asking some kind of Agreement or Letter from client based on the recent denials. Please be prepared to get such a letter from your client stating the extent of your project ( try to get a letter for the extent of your H1 or beyond that to cover yourself).
goodluck and keep the forum posted on your progress so others may benefit
- cheers
kris
more...
sduddukuri
02-23 08:27 PM
I have applied for renewal of H1b and H4 by premium processing on 10-Jan-2010 based on pending green card. I got an RFE for my H1b for which my employer replied on 10-Feb-2010. My H1b got approved where as my wifes H4 got rejected on 22-Feb-2010. Still waiting for denial letter from USCIS. My wifes I-94 got expired on 11-Feb-2010. So is she out of status since 11-Feb-2010. What are my options. Is it better to re-open (MTR) case or go to india and re apply for H4. how is this out of status going to affect her chances of getting renewd in India or her green card application. Any other ideas. Please help.
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banta4u
07-13 03:33 PM
Hee Hee - U think that a lawyer like Greg Siskind - doesn't make sense.....
I bet - he is on the money....
The only thing USCIS can do at it's own discretion is issue Public Notices / Memoranda....Nothing more
I am guessing they can only do is - take back their public notice of 485 rejecting in July....It was their call and they can take it back....Department of State never endorsed the idea....USCIS goofed up on the occassion and got DOS into it and did the 485 rejections....
I bet - he is on the money....
The only thing USCIS can do at it's own discretion is issue Public Notices / Memoranda....Nothing more
I am guessing they can only do is - take back their public notice of 485 rejecting in July....It was their call and they can take it back....Department of State never endorsed the idea....USCIS goofed up on the occassion and got DOS into it and did the 485 rejections....
more...
LondonTown
05-23 12:21 PM
Only one application is needed.
I was in the same situation several years ago and I personally filed ONLY ONE I-129 requesting 'recapture the time' and 'extension of stay' for 7th year.
Your LCA's and I-129s end date should be the date after one year plus days to recapture.
Since USCIS has returned your one year application, you may want to check the end date of the application that USCIS has kept for processing. If the end date is not greater or equal to at least 1 year then there is an issue.
Mr Aggarwal, you might remember you gave me suggestion of going out of US for few days and then my employer can apply 2 I-129 applications simultanously.
Here was my case : I am on H-1B status since May 2005 and my 6 years expired on 12th May 2011. My employer applied for LC on 15th May 2010 which is still pending ( under audit ). In order for us to seek 7th year extension, I went out of US for 4 days and came back bcz I have to be in status on the day my labor was going to be 365 days pending. My employer filed two I-129 applications, ( both applications under normal processing) one for seeing 4 days to recoup, and 2nd application for 7th year extension But USCIS sent 2nd application back alongwith fee and gave us only 1 file number. Why is that?
Is it because they can accept only 1 application at a time( for 4 days extension) and wont entertain 2nd application unless 1st has been decided?
Or .. Are they going to do processing for whole 1 year and 4 months in same application and returned the extra fee of 2nd application?
I am confused now, because what if they are processing only 1st application and give me just 4 day extension after 2 months. Also, shall my employer be able to file 2nd application after 2 months when I am out of status ?
Please help .
I was in the same situation several years ago and I personally filed ONLY ONE I-129 requesting 'recapture the time' and 'extension of stay' for 7th year.
Your LCA's and I-129s end date should be the date after one year plus days to recapture.
Since USCIS has returned your one year application, you may want to check the end date of the application that USCIS has kept for processing. If the end date is not greater or equal to at least 1 year then there is an issue.
Mr Aggarwal, you might remember you gave me suggestion of going out of US for few days and then my employer can apply 2 I-129 applications simultanously.
Here was my case : I am on H-1B status since May 2005 and my 6 years expired on 12th May 2011. My employer applied for LC on 15th May 2010 which is still pending ( under audit ). In order for us to seek 7th year extension, I went out of US for 4 days and came back bcz I have to be in status on the day my labor was going to be 365 days pending. My employer filed two I-129 applications, ( both applications under normal processing) one for seeing 4 days to recoup, and 2nd application for 7th year extension But USCIS sent 2nd application back alongwith fee and gave us only 1 file number. Why is that?
Is it because they can accept only 1 application at a time( for 4 days extension) and wont entertain 2nd application unless 1st has been decided?
Or .. Are they going to do processing for whole 1 year and 4 months in same application and returned the extra fee of 2nd application?
I am confused now, because what if they are processing only 1st application and give me just 4 day extension after 2 months. Also, shall my employer be able to file 2nd application after 2 months when I am out of status ?
Please help .
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saratswain
11-06 12:27 PM
I did not have it either and I had tow A# number for me. This is what my lawyer did
> Wrote a letter citing ref# to the porting rule
> Submitted evidence
I did it through my company attorney. I have full access to her though.
Please send me a personal msg and I can give templates for the letter, it might help.
Thanks for the information.
Unfortunately my EB2 I140 does not have the EB3 priority date assigned as my attorney did not seek that when applying. Now He is trying to get the EB2 I140 amended with the EB3 priority date. TSC keep rejecting it without giving any reason.
Did you use your own attorney?
--Kiran
> Wrote a letter citing ref# to the porting rule
> Submitted evidence
I did it through my company attorney. I have full access to her though.
Please send me a personal msg and I can give templates for the letter, it might help.
Thanks for the information.
Unfortunately my EB2 I140 does not have the EB3 priority date assigned as my attorney did not seek that when applying. Now He is trying to get the EB2 I140 amended with the EB3 priority date. TSC keep rejecting it without giving any reason.
Did you use your own attorney?
--Kiran
more...
titu1972
08-17 03:31 PM
Hello everyone,
Today 17th August, 2007 my I-485 packet was about to reach at Texas Service Center and unfortunately when I track my packet it shows �Notice Left� on USPS site, they mention they will try to deliver on Next business day. When I called at USPS , one lady picked up phone and she told it was PO Box no so we cant deliver. It is available to them to pick up but the man from USCIS might pick it up on early monday morning. Now I am worried does that mean my mailing date is Aug 17th or Aug 20th.
SO now USCIS will accept my application or not ?? Please advise ? Any body has same situation ?
Notice Left, August 17, 2007, 11:38 am, MESQUITE, TX 75185
Arrival at Unit, August 17, 2007, 11:01 am, MESQUITE, TX 75149
Acceptance, August 16, 2007, 10:09 pm, ATLANTA, GA 30320
If ur EB2 and PD older than Jan 01, 2004 probably you have chance to refile again. During this crunch time don't trust USPS/UPS. Always use fedex...
Hope for the best..
Today 17th August, 2007 my I-485 packet was about to reach at Texas Service Center and unfortunately when I track my packet it shows �Notice Left� on USPS site, they mention they will try to deliver on Next business day. When I called at USPS , one lady picked up phone and she told it was PO Box no so we cant deliver. It is available to them to pick up but the man from USCIS might pick it up on early monday morning. Now I am worried does that mean my mailing date is Aug 17th or Aug 20th.
SO now USCIS will accept my application or not ?? Please advise ? Any body has same situation ?
Notice Left, August 17, 2007, 11:38 am, MESQUITE, TX 75185
Arrival at Unit, August 17, 2007, 11:01 am, MESQUITE, TX 75149
Acceptance, August 16, 2007, 10:09 pm, ATLANTA, GA 30320
If ur EB2 and PD older than Jan 01, 2004 probably you have chance to refile again. During this crunch time don't trust USPS/UPS. Always use fedex...
Hope for the best..
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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...
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GCVoice
12-20 11:46 AM
Yes. she has a valid H4 Visa stamping till Jan 10. and she is landing in Dec last week.
Thanks in advance
Thanks in advance
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rsrikant
07-20 10:17 AM
sorry for that
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i can open it...
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Antonio Trivelin
June 16th, 2006, 09:16 AM
I took some photos from a concert here in my city in Brazil.
The band is Bar�o Vermelho (http://www.barao.com.br/) (http://www.barao.com.br%29), they are very famous here and the songs are great.
I used a friend�s nikon 50mm 1.8D in all photos, because i just have one len (18-70mm).
Pepeu Gomes:
http://img414.imageshack.us/img414/3093/dsc5933spiceshp72assincopy8vz.jpg (http://imageshack.us)
Pepeu e o baixista da banda dele:
http://img336.imageshack.us/img336/2933/dsc6006bspiceshp72dpiassin7qh.jpg (http://imageshack.us)
Turminha da percuss�o:
http://img441.imageshack.us/img441/2293/dsc6029bshp72dpiassin2qz.jpg (http://imageshack.us)
Esse cara fazia cada careta rrss:
http://img406.imageshack.us/img406/7127/dsc6126spiceshp72dpiassin9vk.jpg (http://imageshack.us)
Frejat e Fernando Magalh�es:
http://img407.imageshack.us/img407/1055/dsc6146bsunsetshp72dpiassin9sx.jpg (http://imageshack.us)
Rodrigo Santos e Fernando Magalh�es:
http://img407.imageshack.us/img407/2607/dsc6157cropspiceshp72dpiassin6.jpg (http://imageshack.us)
Na sequ�ncia 3 do Fernando Magalh�es com a Sra.Gibson
http://img335.imageshack.us/img335/6987/dsc6246spiceshp72dpiassin7zo.jpg (http://imageshack.us)
http://img201.imageshack.us/img201/1640/dsc6258spiceshp72dpiassin4rz.jpg (http://imageshack.us)
Frejat nas poucas vezes que veio a frente:
http://img201.imageshack.us/img201/3899/dsc6312cropshp72dpiassin5ld.jpg (http://imageshack.us)
Participa��o do Pepeu com o Bar�o:
http://img271.imageshack.us/img271/3797/dsc6448cropspiceshp72dpiassin5.jpg (http://imageshack.us)
Well, that�s all folks !!
Antonio
The band is Bar�o Vermelho (http://www.barao.com.br/) (http://www.barao.com.br%29), they are very famous here and the songs are great.
I used a friend�s nikon 50mm 1.8D in all photos, because i just have one len (18-70mm).
Pepeu Gomes:
http://img414.imageshack.us/img414/3093/dsc5933spiceshp72assincopy8vz.jpg (http://imageshack.us)
Pepeu e o baixista da banda dele:
http://img336.imageshack.us/img336/2933/dsc6006bspiceshp72dpiassin7qh.jpg (http://imageshack.us)
Turminha da percuss�o:
http://img441.imageshack.us/img441/2293/dsc6029bshp72dpiassin2qz.jpg (http://imageshack.us)
Esse cara fazia cada careta rrss:
http://img406.imageshack.us/img406/7127/dsc6126spiceshp72dpiassin9vk.jpg (http://imageshack.us)
Frejat e Fernando Magalh�es:
http://img407.imageshack.us/img407/1055/dsc6146bsunsetshp72dpiassin9sx.jpg (http://imageshack.us)
Rodrigo Santos e Fernando Magalh�es:
http://img407.imageshack.us/img407/2607/dsc6157cropspiceshp72dpiassin6.jpg (http://imageshack.us)
Na sequ�ncia 3 do Fernando Magalh�es com a Sra.Gibson
http://img335.imageshack.us/img335/6987/dsc6246spiceshp72dpiassin7zo.jpg (http://imageshack.us)
http://img201.imageshack.us/img201/1640/dsc6258spiceshp72dpiassin4rz.jpg (http://imageshack.us)
Frejat nas poucas vezes que veio a frente:
http://img201.imageshack.us/img201/3899/dsc6312cropshp72dpiassin5ld.jpg (http://imageshack.us)
Participa��o do Pepeu com o Bar�o:
http://img271.imageshack.us/img271/3797/dsc6448cropspiceshp72dpiassin5.jpg (http://imageshack.us)
Well, that�s all folks !!
Antonio
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dpp
07-24 01:31 PM
There is no 180 days wait period for derivatives. For you to change jobs, you need to wait 180 days to use AC21, but for the dependents, they can do whatever they want and whenever they want after they receive EAD card. It is like GC for them, but only difference is they need to renew EAD every year unlike GC. Otherthan that it is all fine as long you maintain your AOS status properly.
I just applied I-485 with EAD/AP on July 2nd. my wife also has H1. I am the primary to 485.
Question:
My wants to go for permanent position on EAD. When she will eligible for permanent position? After 180 days or can before?
Please seniors advice on this. because she is going to get contract-to-hire position.
I just applied I-485 with EAD/AP on July 2nd. my wife also has H1. I am the primary to 485.
Question:
My wants to go for permanent position on EAD. When she will eligible for permanent position? After 180 days or can before?
Please seniors advice on this. because she is going to get contract-to-hire position.
more...
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greencard_fever
08-19 06:31 PM
I have the copy from Murthy.com [they still have it on]....
send me ur copy to : 509 355 3413
Thanks,
Here is the link for that document..
http://www.uscis.gov/files/pressrelease/H1BExtend_07_23_04.pdf
send me ur copy to : 509 355 3413
Thanks,
Here is the link for that document..
http://www.uscis.gov/files/pressrelease/H1BExtend_07_23_04.pdf
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sanjay
08-29 12:29 PM
I saw many 2nd July Polls but doesn't have full proof information.
So thaught creating New Poll.
Hope everyone will participate in the Poll.
where is the poll? Any way there more than 5 - 6 polls as of now and there is no way to find a full proof information. We all do more speculations and analysis. So, no need to create new threads with these polls. We got many.
So thaught creating New Poll.
Hope everyone will participate in the Poll.
where is the poll? Any way there more than 5 - 6 polls as of now and there is no way to find a full proof information. We all do more speculations and analysis. So, no need to create new threads with these polls. We got many.
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iwantmygcnow
10-15 04:06 PM
Thank you
desi3933
02-06 08:12 AM
Recently I was asked by a state University to submit additional documentation to prove my legal resident status in the United States after I presented I-485 receipt notice.
......
There is no status during the time I-485 is pending, unless, the person is maintaining other allowed non-immigrant status such as H-1, H-4, L-1, L-2. What commonly referred as "AOS status" is nothing but period of authorized stay.
The pendancy of an affirmative application for adjustment of status is designated as a period of stay authorized by the Secretary of Homeland Security, during which an applicant does not accrue unlawful presence.
http://www.state.gov/documents/organization/87120.pdf
[From the PDF file]
b. DHS has interpreted "period of stay authorized by the Secretary of Homeland Security" to include:
.......
........
(5) For aliens who have properly filed an application for adjustment of status to that of a lawful permanent resident (LPR), the entire period of the pendency of the application, even if the application is subsequently denied or abandoned, provided the alien did not file for adjustment "defensively" (i.e., after deportation proceedings had already been initiated) .....
[pdf]
*******************************************
_________________________
US citizen of Indian origin
Not a legal advice.
......
There is no status during the time I-485 is pending, unless, the person is maintaining other allowed non-immigrant status such as H-1, H-4, L-1, L-2. What commonly referred as "AOS status" is nothing but period of authorized stay.
The pendancy of an affirmative application for adjustment of status is designated as a period of stay authorized by the Secretary of Homeland Security, during which an applicant does not accrue unlawful presence.
http://www.state.gov/documents/organization/87120.pdf
[From the PDF file]
b. DHS has interpreted "period of stay authorized by the Secretary of Homeland Security" to include:
.......
........
(5) For aliens who have properly filed an application for adjustment of status to that of a lawful permanent resident (LPR), the entire period of the pendency of the application, even if the application is subsequently denied or abandoned, provided the alien did not file for adjustment "defensively" (i.e., after deportation proceedings had already been initiated) .....
[pdf]
*******************************************
_________________________
US citizen of Indian origin
Not a legal advice.
vijayam
09-15 04:59 PM
Hi,
I am a F1 student and am on OPT now. I got my H1B visa approved from Oct-1 2006 to Sep-30 2009.
But my school said I cannot get my degree certificate till December 2006.
My question is when I apply for my Green card will I be considered into EB2 list or EB3 list. On what basis will this be decided.
Please suggest.
Thank you,
Vijaya.
I am a F1 student and am on OPT now. I got my H1B visa approved from Oct-1 2006 to Sep-30 2009.
But my school said I cannot get my degree certificate till December 2006.
My question is when I apply for my Green card will I be considered into EB2 list or EB3 list. On what basis will this be decided.
Please suggest.
Thank you,
Vijaya.
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