onemorecame
10-22 02:43 PM
Hi Gurus,
I got You 2 A# number. one is from I-140 and other is from I-485 which i filled on July 2007.
Is it any problem to get 2 A#? if yes then what should be plan of action?
If No then which one is active A# number.
Please advice.
onemorecame.
I got You 2 A# number. one is from I-140 and other is from I-485 which i filled on July 2007.
Is it any problem to get 2 A#? if yes then what should be plan of action?
If No then which one is active A# number.
Please advice.
onemorecame.
sounakc
07-10 05:04 PM
the family based 2 nd group PD cut off is 15 jan 2005
EB-2 PD cut off is 01 oct 2003
say my if my PD is jan 2004 and I have filed for my I-485 (EB-2) during july 07 window (couldnt add my wife since was not married at that time). Can I now file for the I-485 or AOS for my wife now.
cheers
EB-2 PD cut off is 01 oct 2003
say my if my PD is jan 2004 and I have filed for my I-485 (EB-2) during july 07 window (couldnt add my wife since was not married at that time). Can I now file for the I-485 or AOS for my wife now.
cheers
katrina
01-04 02:52 PM
Hi,
I have a serious problem and I am not sure what would be the solution. My wife came on H4 in 2001 and we applied for H1B and we got an approval which was valid until Oct 2006. But, in Mar 2006, due to some personal reasons we applied for COS from H1B to H4 and we got H4 approval which was valid until Aug 27, 2006. Before the expiry of H4 status in August 2006, we decided to apply for H1B and since her H1B was valid until Oct 2006, our attorney applied for H1B under I-539 and they didn't apply for H4 extension simultaneously. Meanwhile, while the H1B was in process, we applied for premium processing later which added few problems. We got an RFE on this case and our attorney answered it by sending appropriate docs but again we got a second RFE which is not answered yet.
Right now she is out of status and also, what will happen if her H1 is rejected and is it possible to apply for H4 right now, since it was expired in Aug 2006. If her H1 is rejected, can we apply for H4 even though her H4 was expired few months back or she has leave the country. Please help us out.
Thanks & Regards,
-- Venkat
I-539 is the request to extend or change the immigrant status,
I don't think your wife can extend her H1b status after she change it to H4 by filled the I-539 from. The only exention in I-539 form is extension to stay.
I'm not a lawyer but as far as my experience, In order for a person who previously has H1b then has H4 get back to their H1b again, they have to reapply for a new H1b visa (the process kind a similar like transfer H1b since it will not count toward the caps).
My sugestion right now is consult with another lawyer and see what they suggest. If you have the ins receipt for the extension (from I-539), see what stated in it. Hold on to that receipt.
you can't rely of people opinion regarding your case, when you have trouble and if you have a good lawyer they should represent you and assure you that they did the right thing. If you're not sure about your lawyer ask another lawyer, keep looking for a lawyer that can give you suggestion and make sense.
Good luck.
I have a serious problem and I am not sure what would be the solution. My wife came on H4 in 2001 and we applied for H1B and we got an approval which was valid until Oct 2006. But, in Mar 2006, due to some personal reasons we applied for COS from H1B to H4 and we got H4 approval which was valid until Aug 27, 2006. Before the expiry of H4 status in August 2006, we decided to apply for H1B and since her H1B was valid until Oct 2006, our attorney applied for H1B under I-539 and they didn't apply for H4 extension simultaneously. Meanwhile, while the H1B was in process, we applied for premium processing later which added few problems. We got an RFE on this case and our attorney answered it by sending appropriate docs but again we got a second RFE which is not answered yet.
Right now she is out of status and also, what will happen if her H1 is rejected and is it possible to apply for H4 right now, since it was expired in Aug 2006. If her H1 is rejected, can we apply for H4 even though her H4 was expired few months back or she has leave the country. Please help us out.
Thanks & Regards,
-- Venkat
I-539 is the request to extend or change the immigrant status,
I don't think your wife can extend her H1b status after she change it to H4 by filled the I-539 from. The only exention in I-539 form is extension to stay.
I'm not a lawyer but as far as my experience, In order for a person who previously has H1b then has H4 get back to their H1b again, they have to reapply for a new H1b visa (the process kind a similar like transfer H1b since it will not count toward the caps).
My sugestion right now is consult with another lawyer and see what they suggest. If you have the ins receipt for the extension (from I-539), see what stated in it. Hold on to that receipt.
you can't rely of people opinion regarding your case, when you have trouble and if you have a good lawyer they should represent you and assure you that they did the right thing. If you're not sure about your lawyer ask another lawyer, keep looking for a lawyer that can give you suggestion and make sense.
Good luck.
shukla77
11-14 09:15 PM
:)Wow.. That sounds like a plan..:D:D:D.. What about contacting Lalu...
[QUOTE=kumarc123;195464]Hello all IV members,
Lastly i feel, we should contact some high profile politicians in India, so they can put a question or make some time of arrangement for Indians who are stuck over here, we all know unites states is interested in nuclear deal, if some type of provision is put in there to help Indians in this country
QUOTE]
[QUOTE=kumarc123;195464]Hello all IV members,
Lastly i feel, we should contact some high profile politicians in India, so they can put a question or make some time of arrangement for Indians who are stuck over here, we all know unites states is interested in nuclear deal, if some type of provision is put in there to help Indians in this country
QUOTE]
more...
I-485 approval
08-24 10:52 AM
Hello Prashanthi
Thanks for your valuable input. The Info pass officer told me verbally that my case is now in EB2 but I don't have any written confirmation from USCIS.
How can I get the written communication from USCIS? Please advice.
Thanks
Thanks for your valuable input. The Info pass officer told me verbally that my case is now in EB2 but I don't have any written confirmation from USCIS.
How can I get the written communication from USCIS? Please advice.
Thanks
MYGCBY2010
07-27 02:33 PM
Hi All,
Has anybody used this Freedom of Information Act to obtain the information. I was going over the Form G-639 and it looks like they are asking for couple of information which I don't have and I am not sure if my employer will provide (Thats the sole reason why I want to use this act).The form is asking for the Alien Registration # and Petition #. I dont have them. Also for the information needed to search what needs to be mentioned if I need to get a copy of my Labour certification (Not sure If I could get that ) and my I-140 related documents say (Receipt Notice/Approval Notice). Any advise/input on this is highly appreciated.
Thanks.
Has anybody used this Freedom of Information Act to obtain the information. I was going over the Form G-639 and it looks like they are asking for couple of information which I don't have and I am not sure if my employer will provide (Thats the sole reason why I want to use this act).The form is asking for the Alien Registration # and Petition #. I dont have them. Also for the information needed to search what needs to be mentioned if I need to get a copy of my Labour certification (Not sure If I could get that ) and my I-140 related documents say (Receipt Notice/Approval Notice). Any advise/input on this is highly appreciated.
Thanks.
more...
sendmailtojk
03-31 11:44 PM
At least, get a letter from your employer stating they won't revoke your I-140. If they agree to do so, then file a G-28 appointing a new attorney of your choice; however, if you are happy with your current one and find them affordable, let them know and ensure they will handle your case independent of your employer.
Cheers.
Cheers.
shreekhand
05-04 10:48 PM
I understand that you are a bit tight on money right now, but I would highly recommend as others suggested to hire a good attorney by borrowing some money. Do you want to just want to get in a deeper limbo right now or get it done thoroughly right now?
more...
yabadaba
01-26 10:59 AM
If you want to track how fast are they processing - you have to go by "Notice Date" because that's the day they first saw your Application. If you want to charge AC21 or calculate iVisa Bulletion's Retrogression do by "Receipt Date" for calculating "180 days Portability" etc....
In the "Pre-July 2nd world" those 2 dates used to vary by 1 or 2 days so no one used to care.
Well - so NSC is doing I-140 for Apr 23rd and Texas is July 21st... I would have got my freedom by now if i had filed I-140 at Texas :) Another good thing in this Bulletin Vermont H1b extension processing have moved a lot - from Apr 23rd to Oct 1st 2007 - wow !!!
Good Luck folks!!
TSC is june 21st for I-140
In the "Pre-July 2nd world" those 2 dates used to vary by 1 or 2 days so no one used to care.
Well - so NSC is doing I-140 for Apr 23rd and Texas is July 21st... I would have got my freedom by now if i had filed I-140 at Texas :) Another good thing in this Bulletin Vermont H1b extension processing have moved a lot - from Apr 23rd to Oct 1st 2007 - wow !!!
Good Luck folks!!
TSC is june 21st for I-140
eastindia
05-14 02:19 PM
It is a very sad story. We people who have legal status feel very very lucky after reading his story. We can only imagine what this poor kid was going tough mentally. He did not have the right to education in college, could not drive and could not pursue his interests. He could not even go back to his country because he did not know anything else other than USA.
These kids deserve a better life than constantly living a life of fear and hopelessness.
These kids deserve a better life than constantly living a life of fear and hopelessness.
more...
new2perm
12-29 10:01 PM
EB3 - Priority date 06/06
Filed on Aug 17th @ Nebraska service center. Received EAD. AP status pending.
Finger printing done on 12/08.
Soft LUD on I-485 for self and spouse on 12/10,12/11,12/15,12/18,12/28.
LUD on approved I-140(approved 10/06) on 12/02. Received the 'Your application has been approved....' email from CRIS too on 12/02!!
This is getting me really tensed :-(
Filed on Aug 17th @ Nebraska service center. Received EAD. AP status pending.
Finger printing done on 12/08.
Soft LUD on I-485 for self and spouse on 12/10,12/11,12/15,12/18,12/28.
LUD on approved I-140(approved 10/06) on 12/02. Received the 'Your application has been approved....' email from CRIS too on 12/02!!
This is getting me really tensed :-(
nlssubbu
12-12 07:30 PM
Hi!
I have an approved H1 until 2009 but expired visa in my passport. I have AP and EAD approved. My lawyer has the original I-485 receipt notice - I only have a fax of it. I am travelling to India in Jan-08.
I am planning to re-enter the USA on AP. Do I need original I-485 receipt to re-enter? OR is AP documents enough? Do I need to carry approved H1-B notice or any other docs?
Thanks for your help!
Vivek.
I-485 receipt notice belongs to you and I do not know why your attorney retained them. If your attorney is not appointed by you and employed through your company, it is all the more better, if you have this copy with you.
If you are planning to re-enter using AP, then have the original I-485 receipt notice and the company letter to be on the safer side.
Have a safe trip!
I have an approved H1 until 2009 but expired visa in my passport. I have AP and EAD approved. My lawyer has the original I-485 receipt notice - I only have a fax of it. I am travelling to India in Jan-08.
I am planning to re-enter the USA on AP. Do I need original I-485 receipt to re-enter? OR is AP documents enough? Do I need to carry approved H1-B notice or any other docs?
Thanks for your help!
Vivek.
I-485 receipt notice belongs to you and I do not know why your attorney retained them. If your attorney is not appointed by you and employed through your company, it is all the more better, if you have this copy with you.
If you are planning to re-enter using AP, then have the original I-485 receipt notice and the company letter to be on the safer side.
Have a safe trip!
more...
kartikiran
12-03 02:40 PM
Here is what I am going through.
On November 17th night I received the news that my father died. Since I did not have AP, I had submitted the AP applicatoin online that night and called the USCIS the next day morning. They bumped up the request to extreme emergency and said that some one will contact me. Since I didnt receive any call for a couple of hours I tried followup a couple of times with USCIS and no one was ready to help except for the standard statement that some one will contact me in 5 days. Then I went to the local office in Chicago, where they said that since the people who who work on AP have already left(it was 3 PM), they will give the AP the next day. I went the next day morninig but the front desk person called the Nebraska office and spoke to them for a while and said that the supervisor has my case infront of him and he will make a decision very soon and I was asked have some patience. It is December 2nd now and I am still waitng for their decision.
I have not seen my father in 5 years and couldnt see him for the last time because my stupidity in not applying for the AP in advance and the USICS's apathy.
Please take this as a lesson and have the AP applied ASAP.
I understand how tough it is to go through what you are going through. I know how it feels when a parent passes away and we are miles away from them.
I wish you had got your document before. But try calling the congressman/woman for more help on this. I understand the time has passed when your presence was desperately needed, but you still can visit home and be that pillar of support or a shoulder to cry on for your family members.
Take Care.
On November 17th night I received the news that my father died. Since I did not have AP, I had submitted the AP applicatoin online that night and called the USCIS the next day morning. They bumped up the request to extreme emergency and said that some one will contact me. Since I didnt receive any call for a couple of hours I tried followup a couple of times with USCIS and no one was ready to help except for the standard statement that some one will contact me in 5 days. Then I went to the local office in Chicago, where they said that since the people who who work on AP have already left(it was 3 PM), they will give the AP the next day. I went the next day morninig but the front desk person called the Nebraska office and spoke to them for a while and said that the supervisor has my case infront of him and he will make a decision very soon and I was asked have some patience. It is December 2nd now and I am still waitng for their decision.
I have not seen my father in 5 years and couldnt see him for the last time because my stupidity in not applying for the AP in advance and the USICS's apathy.
Please take this as a lesson and have the AP applied ASAP.
I understand how tough it is to go through what you are going through. I know how it feels when a parent passes away and we are miles away from them.
I wish you had got your document before. But try calling the congressman/woman for more help on this. I understand the time has passed when your presence was desperately needed, but you still can visit home and be that pillar of support or a shoulder to cry on for your family members.
Take Care.
pappu
06-07 02:11 PM
Transaction ID: 7WK494028G568634H
Thank you
Thank you
more...
GCard_Dream
03-06 05:10 PM
I just wanted to make a comment. I don't have anything against color red; in fact I like red :) . It's not the red dot that bothers me; it's the delay in the GC processing. Peace.
I guess there are some anti-immigrants on the forum who is determined to discourage members by giving red dots. I see too many people receiving red dots for no reason now a days.
Solution. just ignore them.
I guess there are some anti-immigrants on the forum who is determined to discourage members by giving red dots. I see too many people receiving red dots for no reason now a days.
Solution. just ignore them.
rb_248
10-19 04:27 PM
Did you have to change your address while you switched jo?. And if you had changed address, did you inform USCIS. I am trying to find out if address chnge is what triggers RFE for job switch. Also were you on H1B or using EAD with previous employer.
I moved out of state. I owned a home and it took a while to sell. So I stayed at a temporary facility. So effectively I retained the same address. But, we got the cards just before we sold the house. So the answer to your question is No I did not inform USCIS. But, I had a justification not to inform the USCIS.
I moved out of state. I owned a home and it took a while to sell. So I stayed at a temporary facility. So effectively I retained the same address. But, we got the cards just before we sold the house. So the answer to your question is No I did not inform USCIS. But, I had a justification not to inform the USCIS.
more...
sertasheep
03-25 11:18 AM
<EDIT>
added hyperlink to Enquiro Report
</EDIT>
Chidanand Rajaghatta is a guy who spends time in different countries and writes about his travails. Obviously, he's not completely educated on this, and I guess may be we could take this opportunity to make him and TOI aware of our efforts.
I have sent out the following email.(between asteriskes). I'll post any responses I may(will I?) receive.
**********************
Dear Mr. Rajaghatta, and Editor,
I have been a consistent reader of your articles on your travels the world over. The headline for your latest article seemed a little sensational to me, without any mention of the word "Illegal".
The NRI community(read "legal immigrants" and "legal immigrant applicants") are aware of the new Guest Worker program proposed by Mr. George Bush, but it doesn't really affect the Indian diaspora at all, because majority of us are in the US legally.
The article seemed out of context and irrelevant in a esteemed publication such as TOI. Why don't you instead write about current issues that are plaguing the NRI community? Those would be directly relevant to the concerns of affected NRIs and would draw more readers to you.
I have recently concluded a research paper(as part of my Masters program) on the inefficiencies of the US Immigration system, and its impact on applicants, especially from countries such as India and China. The outdated workflows and holes in the Immigration system have led to endless waits and affected many immigration applicants, thereby impacting US economy in terms of tax dollars, jobs lost to overseas(outsourcing), and subsequently, loss of precious foreign exchange to the home countries of these applicants.
Applicants are forced to spend precious time and effort in speculating and predicting the outcome of their immigration benefits. As per a Internet search engine study, (See Enquiro Search Engine Report, Aug 2005 http://www.enquiro.com/net-profit/Murthy-vs-Goliath.asp ), it is the website of a US Immigration Lawyer (across all practices) that gets the most eyeballs(hits), worldwide! This is testimony to the fact that several hours are spent by applicants in anticipation and speculation.
I would more than willing to collaborate and share these thoughts with you, to fuel your interest further.
May I also draw your attention to some of the grass-roots organizations fighting for these causes? One notable organization is "Immigration Voice" which is gaining great momentum.(www.immigrationvoice.org)
Best Regards
************
"Celebrate, Have Faith and Maintain Hope"--the byline of a popular immigration attorney. Isn't this quite true?
added hyperlink to Enquiro Report
</EDIT>
Chidanand Rajaghatta is a guy who spends time in different countries and writes about his travails. Obviously, he's not completely educated on this, and I guess may be we could take this opportunity to make him and TOI aware of our efforts.
I have sent out the following email.(between asteriskes). I'll post any responses I may(will I?) receive.
**********************
Dear Mr. Rajaghatta, and Editor,
I have been a consistent reader of your articles on your travels the world over. The headline for your latest article seemed a little sensational to me, without any mention of the word "Illegal".
The NRI community(read "legal immigrants" and "legal immigrant applicants") are aware of the new Guest Worker program proposed by Mr. George Bush, but it doesn't really affect the Indian diaspora at all, because majority of us are in the US legally.
The article seemed out of context and irrelevant in a esteemed publication such as TOI. Why don't you instead write about current issues that are plaguing the NRI community? Those would be directly relevant to the concerns of affected NRIs and would draw more readers to you.
I have recently concluded a research paper(as part of my Masters program) on the inefficiencies of the US Immigration system, and its impact on applicants, especially from countries such as India and China. The outdated workflows and holes in the Immigration system have led to endless waits and affected many immigration applicants, thereby impacting US economy in terms of tax dollars, jobs lost to overseas(outsourcing), and subsequently, loss of precious foreign exchange to the home countries of these applicants.
Applicants are forced to spend precious time and effort in speculating and predicting the outcome of their immigration benefits. As per a Internet search engine study, (See Enquiro Search Engine Report, Aug 2005 http://www.enquiro.com/net-profit/Murthy-vs-Goliath.asp ), it is the website of a US Immigration Lawyer (across all practices) that gets the most eyeballs(hits), worldwide! This is testimony to the fact that several hours are spent by applicants in anticipation and speculation.
I would more than willing to collaborate and share these thoughts with you, to fuel your interest further.
May I also draw your attention to some of the grass-roots organizations fighting for these causes? One notable organization is "Immigration Voice" which is gaining great momentum.(www.immigrationvoice.org)
Best Regards
************
"Celebrate, Have Faith and Maintain Hope"--the byline of a popular immigration attorney. Isn't this quite true?
nixstor
06-28 10:55 PM
I will look at the I-485 application on Saturday and will send all my applications to the center listed for EB applications. As of now it is NSC.
ravi2patel
07-24 08:41 AM
If the new company has a "succession of interest" clause in its take over, basically where it "succeeds to the interests and conditions of the previous company", including it's immigration interests such as your employment based immigrant visa application, you should be able to continue with your application. I guess you would have to include a "succession of interest" document with your application.
I had to do the same thing with my company when it was taken over. However, this happened during labor certification stage so I dont know if it would be different for I-485. Please c nsult with an attorney though, maybe even three or four different ones and give them the exact details of the takeover.
Hi..what is "succession of interest" document...is it the actual 'merger' contract ?
Other problem i have is getting hold of an attorny as all are busy with the aug.17th deadliners...let me know any good ones in central,NJ area. Thanks
I had to do the same thing with my company when it was taken over. However, this happened during labor certification stage so I dont know if it would be different for I-485. Please c nsult with an attorney though, maybe even three or four different ones and give them the exact details of the takeover.
Hi..what is "succession of interest" document...is it the actual 'merger' contract ?
Other problem i have is getting hold of an attorny as all are busy with the aug.17th deadliners...let me know any good ones in central,NJ area. Thanks
MeraNaamJoker
09-17 10:32 AM
Thank you for your responses.
My situation is different, since my 485 is not yet approved (PD Dec 2006 EB2).
Company A applied for my GC (140 approved and 485 filed in July 2007), but I have never worked for company-A. I had been working for company-B during all these on H1. However I am now with company-C for last 6 months using EAD.
I have never done the AC-21, since my lawyer said that is not required since I was with company-B and did not change jobs in between.
In my case, company-A is not closing down, and I am willing to work for them after 6 months or so.
My question is are there any risks in my 485 in this context?
Should I be moving to company-A to reduce any risk?
Would appreciate your responses in this.
Again the issue here will revert to the topic of SHAM EMPLOYMENT.
Either you should be working for the sponsor company or file AC21 and port out the process. That helps you to be on the safer side.
Even after filing AC21 two and half years back, my original approval notices went to my original GC sponsoring company's attorney's office.
My situation is different, since my 485 is not yet approved (PD Dec 2006 EB2).
Company A applied for my GC (140 approved and 485 filed in July 2007), but I have never worked for company-A. I had been working for company-B during all these on H1. However I am now with company-C for last 6 months using EAD.
I have never done the AC-21, since my lawyer said that is not required since I was with company-B and did not change jobs in between.
In my case, company-A is not closing down, and I am willing to work for them after 6 months or so.
My question is are there any risks in my 485 in this context?
Should I be moving to company-A to reduce any risk?
Would appreciate your responses in this.
Again the issue here will revert to the topic of SHAM EMPLOYMENT.
Either you should be working for the sponsor company or file AC21 and port out the process. That helps you to be on the safer side.
Even after filing AC21 two and half years back, my original approval notices went to my original GC sponsoring company's attorney's office.
eb3retro
10-24 03:47 PM
Once H-1B extension is received, one gets all the luxuries like any other H-1B. You can change jobs any day you want. Having that said, there are few things you have to re-do. Get the H-1B stamped if you change jobs. You have to re-start the GC process from scratch, yet you get to keep the PD and at the same time can switch to any EB catagory.
Before LC PERM process started, people didn't change jobs as LC could take any where from 2 to 4 years and re-starting the GC process was just no brainer. Now, as it takes 45days or less (theoraticaly) people easily change jobs and get H-1 transferred as well as get new GC process started and get LC in 45 days and then I-140 approved (with premium processing) in another 2 weeks.
So you once you change jobs you can get to the same stage where you are in two months if you start GC process right-away.
For tips to the other readers.
Some employers has company policy where they support the H-1 transfer (financially also) and then one has to wait for 1 or 2 years before they initiate GC process. The mostly the excuse is "Budget is fixed for a year".
One can propose a solution to this. Ask them, "What if I pay for the charges incurred for GC process if they agree to initiate right away and when s/he finishes one year of employment, reimburse the charges"
This has worked in many cases as doing such bothe employer and employee gets best of both worlds.
Great advice, I sincerely thank you for your time.
Before LC PERM process started, people didn't change jobs as LC could take any where from 2 to 4 years and re-starting the GC process was just no brainer. Now, as it takes 45days or less (theoraticaly) people easily change jobs and get H-1 transferred as well as get new GC process started and get LC in 45 days and then I-140 approved (with premium processing) in another 2 weeks.
So you once you change jobs you can get to the same stage where you are in two months if you start GC process right-away.
For tips to the other readers.
Some employers has company policy where they support the H-1 transfer (financially also) and then one has to wait for 1 or 2 years before they initiate GC process. The mostly the excuse is "Budget is fixed for a year".
One can propose a solution to this. Ask them, "What if I pay for the charges incurred for GC process if they agree to initiate right away and when s/he finishes one year of employment, reimburse the charges"
This has worked in many cases as doing such bothe employer and employee gets best of both worlds.
Great advice, I sincerely thank you for your time.
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