Bpositive
01-10 10:38 PM
My wife is planning to travel on AP while H1B is pending administrative processing after a Chennai Consulate interview. We have submitted the required information but she needs to rejoin work and can't wait beyond our existing travel plans.
Has anyone gone through a similar situation. Should we be having any port of entry concerns?
Has anyone gone through a similar situation. Should we be having any port of entry concerns?
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nashim
07-16 04:06 PM
1) Yes
2) Yes
3) approval letter from my previous employer is not required. Old employer can revoke I-140 any time not PD
2) Yes
3) approval letter from my previous employer is not required. Old employer can revoke I-140 any time not PD
Gigantic697
10-12 09:33 PM
She can get letter from her employer that mentions that she's on maternity leave to prove that she is still employed and also that she can join back.
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gmail
07-21 08:40 PM
Hi,
I applied I-140/485 last July. In November, 2007 I left the previous employer, i.e. before 180 days. In April, 2008, my I-140 is approved, i.e. after 180 days. I have worked for them for 4.5 years.
Now my lawyer told me that legally my I-140 deems invalid because I left before 180 days. I and my ex-employer has to prove that I had the good intent to work for them and my ex-employer had the good intent to hire me after GC is approved. I will have the burden of proof. Since my ex-employer is not willing to cooperate, my GC can be denied or revoked.
What's your opinion on this?
Thanks!
I applied I-140/485 last July. In November, 2007 I left the previous employer, i.e. before 180 days. In April, 2008, my I-140 is approved, i.e. after 180 days. I have worked for them for 4.5 years.
Now my lawyer told me that legally my I-140 deems invalid because I left before 180 days. I and my ex-employer has to prove that I had the good intent to work for them and my ex-employer had the good intent to hire me after GC is approved. I will have the burden of proof. Since my ex-employer is not willing to cooperate, my GC can be denied or revoked.
What's your opinion on this?
Thanks!
more...
GCwaitforever
06-19 04:09 PM
I heard that once we start using EAD (immigrant intent), we could never go back to using H-1B (quasi non-immigrant). Many lawyers suggest not using EAD as yet because if I-485 is ever rejected for any reason, we could still be on H-1B and go on for few more years and leave the country comfortably. Without H-1B in those circumstances, we would be out of any status and we have to leave the country immediately.
Your friend might have applied for EAD, but primarily he must be staying on H-1B only. His wife could be using the EAD very much.
Your friend might have applied for EAD, but primarily he must be staying on H-1B only. His wife could be using the EAD very much.
GCwaitforever
04-11 11:47 AM
Congratulations on getting GC. You are out of this hellhole.
more...
eb3_nepa
08-14 04:16 PM
never though i could get so much experience with neurosis (mine and everyone else's) in a such a short time...guess i should thank USCIS- and apply for EB1 as a international expert :D:p
Paskal maybe you should call up USCIS NSC and ask them the names of all their Mail room clerks. Tell them ur calling on behalf of Homeland security!:p
Then call up UPS, USPS, DHL and Fedex to get the common times when the delivery trucks stopped by NSC to drop off applications and threaten to sue them if they dont give u exact details of number of applications dropped off with each delivery. Once again tell them its a matter of national security!!
Finally create a POLL of Delivery Times v/s Mail room clerk and combine all threads. ;)
Paskal maybe you should call up USCIS NSC and ask them the names of all their Mail room clerks. Tell them ur calling on behalf of Homeland security!:p
Then call up UPS, USPS, DHL and Fedex to get the common times when the delivery trucks stopped by NSC to drop off applications and threaten to sue them if they dont give u exact details of number of applications dropped off with each delivery. Once again tell them its a matter of national security!!
Finally create a POLL of Delivery Times v/s Mail room clerk and combine all threads. ;)
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prasadn
02-04 02:08 PM
:confused: Does anyone have multiple RFE for I-140? :confused:
I am kind of curious to know if there is anyone like me in same boat. I got 2 RFE (off course one after another once we answer first one) for my I-140 in year 2008. First RFE I got it regarding ability to pay which we answer in January 2008. I got another RFE in August 2008. Second RFE was kind of mix of ability to pay and education validation. For second RFE they ask for university transcript, all experience letter matching with job description from labor certificate, last year's W2 and company's last year bank statement(year 2007). It was one of the huge list I had seen from USCIS.
Long story short what the hell are they doing with all documents they are asking from us? Its being 3 and half months we have answer 2nd RFE but there is no single response from NSC except they have received the documents and processing has resumed. My I-140 is stuck at NSC from January 2007. How long do I have to wait to get my I-140 approval?:mad:
How do I can contact NSC to know what the hell are they doing with my I-140? Guys share your experience so we all can prevail this another backlog mess.
I had got multiple RFE's on my I-140. I got the first one in Oct 2008, and got the second one about a month after our response to the first. We responded to the second RFE on Nov 5th, 2008 and the status changed to "Case processing resumed", and even after 60 days there was no decision made on the case as promised. My lawyer placed a phone call on Jan 18th (I believe she opened a SR) and application got approved on the 20th. Just sharing my experience.
Thanks,
Prasad
I am kind of curious to know if there is anyone like me in same boat. I got 2 RFE (off course one after another once we answer first one) for my I-140 in year 2008. First RFE I got it regarding ability to pay which we answer in January 2008. I got another RFE in August 2008. Second RFE was kind of mix of ability to pay and education validation. For second RFE they ask for university transcript, all experience letter matching with job description from labor certificate, last year's W2 and company's last year bank statement(year 2007). It was one of the huge list I had seen from USCIS.
Long story short what the hell are they doing with all documents they are asking from us? Its being 3 and half months we have answer 2nd RFE but there is no single response from NSC except they have received the documents and processing has resumed. My I-140 is stuck at NSC from January 2007. How long do I have to wait to get my I-140 approval?:mad:
How do I can contact NSC to know what the hell are they doing with my I-140? Guys share your experience so we all can prevail this another backlog mess.
I had got multiple RFE's on my I-140. I got the first one in Oct 2008, and got the second one about a month after our response to the first. We responded to the second RFE on Nov 5th, 2008 and the status changed to "Case processing resumed", and even after 60 days there was no decision made on the case as promised. My lawyer placed a phone call on Jan 18th (I believe she opened a SR) and application got approved on the 20th. Just sharing my experience.
Thanks,
Prasad
more...
eilsoe
10-02 03:57 PM
It takes about 2 minutes to make those blobs... so, credit isn't REALLY that important with these blobs...
But yes, give credit where it belongs. :)
That's what i do too...
But yes, give credit where it belongs. :)
That's what i do too...
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nixstor
12-07 10:35 PM
Please send message to all your friends on your social networking websites like
Orkut, facebook, myspace etc. I know how much time people spend on orkut.
Here is a sample message
Guys,
Just wanted to let you know, if you are not already aware of the bill that provides relief to the Green Card situation is tied to an appropriations bill by Sen Cornyn. Here are some links that can give you more info about whats going on regarding our future in USA. Express your support over the phone and email.
Call your senators/congressman. Login and send web faxes asap.
http://immigrationvoice.org/forum/showthread.php?t=2483
http://immigrationvoice.org/forum/showthread.php?t=2484
http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
You can get senators and congressman for your state and district at senate.gov and house.gov respectively by punching in your zip code.
Pass this message to your buddies whom you think it would be useful.
Orkut, facebook, myspace etc. I know how much time people spend on orkut.
Here is a sample message
Guys,
Just wanted to let you know, if you are not already aware of the bill that provides relief to the Green Card situation is tied to an appropriations bill by Sen Cornyn. Here are some links that can give you more info about whats going on regarding our future in USA. Express your support over the phone and email.
Call your senators/congressman. Login and send web faxes asap.
http://immigrationvoice.org/forum/showthread.php?t=2483
http://immigrationvoice.org/forum/showthread.php?t=2484
http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
You can get senators and congressman for your state and district at senate.gov and house.gov respectively by punching in your zip code.
Pass this message to your buddies whom you think it would be useful.
more...
ahaadi
07-10 09:28 PM
In case his I-140 was approved then there are no problems for this scenario right?
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satishku_2000
09-05 05:33 PM
True, this affects everyone really, but was just saying from what I have seen of my ROW friends. Getting green cards within 1-2 years while the bulk of us wait for 5-6+
My point was people from countries that require Special registration have higher chances of getting struck in the name check. Dont ask me for the proof .. Its just a wild guess I am making . I may be wrong too
http://www.isss.umn.edu/INSGen/INSspecreg.html#who
Going by the things I think people from certain countries will be scrutinized under microscope.
My point was people from countries that require Special registration have higher chances of getting struck in the name check. Dont ask me for the proof .. Its just a wild guess I am making . I may be wrong too
http://www.isss.umn.edu/INSGen/INSspecreg.html#who
Going by the things I think people from certain countries will be scrutinized under microscope.
more...
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reno_john
01-19 08:54 PM
For 140 approval it takes anywhere between 6 to 8 months. Last year, the wait time was less.This is normal and the wait time will keep on increasing. Because last year there was few number of labors approved but as the days pass by that number will keep on increasing. My friend with I140(NSC) applied date of June 2006 was approved last week. My first I140(TSC) applied on Feb 2006 was approved by August 2006 and my second I140(NSC) applied in Sep 2006 is pending till today.
And if you try to break the queue by premium processing then the chances of getting a dumb RFE( A no sense evidence to the case applied) is 99.99% because they want more time to process the case.
And if you try to break the queue by premium processing then the chances of getting a dumb RFE( A no sense evidence to the case applied) is 99.99% because they want more time to process the case.
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humdesi
11-06 11:09 AM
So barring a once in 5 year trip/mail to consulate, there are no issues with PIO.
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.
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.
more...
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ASR
07-08 02:51 PM
Hi All,
Give me all your valuable suggestions for the below case:
- Got a full time offer for my wife who is working on H1 and has EAD too.
- She decided to transfer her H1 instead of using EAD.
- My wife has sent all the necessary documentation to the lawyer.
- Mean while, we got I-485 approved. As per lawyer, upon 485 approved, H1b and EAD is no longer valid.
- We have not received I 485 approval notice through mail yet. We just have email from immigration
Our question is on what should be the valuable document that can be shown as eligibility proof to work as we have not received I-485 mail and cards yet.
Another question is: Can we visit local USCIS office for the temporary green card stamp based on the email got from immigration.
Your response is highly appreciated.
Give me all your valuable suggestions for the below case:
- Got a full time offer for my wife who is working on H1 and has EAD too.
- She decided to transfer her H1 instead of using EAD.
- My wife has sent all the necessary documentation to the lawyer.
- Mean while, we got I-485 approved. As per lawyer, upon 485 approved, H1b and EAD is no longer valid.
- We have not received I 485 approval notice through mail yet. We just have email from immigration
Our question is on what should be the valuable document that can be shown as eligibility proof to work as we have not received I-485 mail and cards yet.
Another question is: Can we visit local USCIS office for the temporary green card stamp based on the email got from immigration.
Your response is highly appreciated.
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centrum
09-25 07:48 PM
You might have recevied I-94 at POE when you entered in USA with H1B visa (or it may be part of your h1b approval notice) For H1b extension, you need to attach the copy of the latest I-94. I dont think you need to attach copy of passport, when you extend H1B status or I-94 with in USA.
Yes, it was a part of my approval notice. I just looked at the I-94, and it says that the expiration is same as the H-1B visa. So I'm guessing I should have no problem to go through H-1B extension, PERM, and green card application with an expired passport as long as maintain legal status and don't leave the country, right?
I'm glad I asked on this site first before I enrolled at a random graduate school.
Yes, it was a part of my approval notice. I just looked at the I-94, and it says that the expiration is same as the H-1B visa. So I'm guessing I should have no problem to go through H-1B extension, PERM, and green card application with an expired passport as long as maintain legal status and don't leave the country, right?
I'm glad I asked on this site first before I enrolled at a random graduate school.
more...
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lazycis
12-05 12:14 PM
Unfortunately I-485 class action is more complicated (different types of immigrant visas, different statutes, etc.). The only one I know of, ImmigrationPortal.Com v Ridge (03-cv-02606, District of Columbia, was not certified as class. Also, ACLU have little interest in pushing I-485 lawsuit as there is no immediate benefit, GC holders cannot vote. This may be another action item for IV - Immigrationportal suit failed in part because there was no organization behind the suit. Right now the majority is concerned about EAD/AP, but if FBI name check does not change, the wait can be decades based on the volume of applications and current "efficiency" of the FBI NNCP.
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kumarc123
03-03 12:07 PM
Hello there,
This is great news although I have a question. My wife is a endodontist (dentist, speciality in root canal surgery), (H1, EB2 India). She teaches at a university and practises in there. She has some publications as well (she does not qualify for EB1, as we dont want to go for a tenure track) Will she qualify under this physicians bill? She has 6 years experience in this filed.
Thank you
This is great news although I have a question. My wife is a endodontist (dentist, speciality in root canal surgery), (H1, EB2 India). She teaches at a university and practises in there. She has some publications as well (she does not qualify for EB1, as we dont want to go for a tenure track) Will she qualify under this physicians bill? She has 6 years experience in this filed.
Thank you
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NELLAIKUMAR
02-24 09:04 PM
Hello,
Can someone with knowledge in matter please help. If I change the status to from H1 to H4 using form I-539 and submit my resignation to my employer, he is most likely going to request USCIS to cancel my H1. Is it possible even in these cases to apply again for a change of status back to H1 from H4 after a year if I get a job with another employer without having to go through the quota? Thanks for your help.
Thanks...
Can someone with knowledge in matter please help. If I change the status to from H1 to H4 using form I-539 and submit my resignation to my employer, he is most likely going to request USCIS to cancel my H1. Is it possible even in these cases to apply again for a change of status back to H1 from H4 after a year if I get a job with another employer without having to go through the quota? Thanks for your help.
Thanks...
whitecollarslave
01-23 01:37 PM
$1000 is a lot for Premium Processing and VSC is profiting a lot from this. They are running a business for sure....
Its only extensions which are a long time.
USCIS is self-funded from application fees. They don't get any other funding as far as I know. So, sure they are running a business.
I know its not cheap, but atleast there is a way. I have been in this long enough to know times when it took a long time without an option of premium processing.
You can always make your employer pay for the fees.
Its only extensions which are a long time.
USCIS is self-funded from application fees. They don't get any other funding as far as I know. So, sure they are running a business.
I know its not cheap, but atleast there is a way. I have been in this long enough to know times when it took a long time without an option of premium processing.
You can always make your employer pay for the fees.
funny
10-08 03:46 PM
Good news....Very bold move by Indian Govt.