kaisersose
04-16 03:11 PM
Thanks for the quick response gurus. Would like to know if anyone else is in the same boat. Also because of this issue, my spouse is resigning her job and going out of US for a H4 stamp. Is there any way we can avoid it as it is a oversight issue?
Thanks
This is jut my opinion, but I would do exactly this. She should not be quitting her job. If you file an MTR quickly, then she is not really breaking any rules.
Even if you get a 485 rejection notice, it is still OK as long as you file an MTR in a timely manner. The case status will change to "under process" and then you will be fine again as long as your lawyer takes care to extensively document your case so that an IO cannot make a mistake about your EB category again.
In short, just keep your jobs and file an MTR ASAP with correct documentation.
Thanks
This is jut my opinion, but I would do exactly this. She should not be quitting her job. If you file an MTR quickly, then she is not really breaking any rules.
Even if you get a 485 rejection notice, it is still OK as long as you file an MTR in a timely manner. The case status will change to "under process" and then you will be fine again as long as your lawyer takes care to extensively document your case so that an IO cannot make a mistake about your EB category again.
In short, just keep your jobs and file an MTR ASAP with correct documentation.
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santb1975
03-28 11:47 PM
We have a potential opportunity to get featured in LA times. We are looking for examples from our student community who has missed the H1B lotto last year and pursued an opportunity in another country or for students who are anxiously waiting this year's Lotto. We have been asking in Southern California for examples from yesterday but no one came forward yet
Many thanks for IV to get this fixed for students. I am student member of IV since 2007.
I have posted this message in other forums and urged the student community to join IV.
IV rocks!
Balan
Many thanks for IV to get this fixed for students. I am student member of IV since 2007.
I have posted this message in other forums and urged the student community to join IV.
IV rocks!
Balan
roseball
04-14 07:22 PM
Once your I-140 is approved with your current employer, with the copy of your 140 approval, your new employer can file for a 3 yr H1 extension. Though it is safe to do so after you get your 3 yr H1 extension based on approved 140 from the current employer and then change jobs, this is also another option which is seldom tried by applicants...But it does work as I have seen some of my friends do so. So the key for you is to get your pending 140 cleared asap......and then ask your new employer to file for your 3 yr H1 extension in premium processing and only resign from your current job after getting H1 approved....Ofcourse, this option only works if you can secure a copy of your I-140 approval from your current employer...Else, go with option 3....
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MYGC2008
03-18 01:04 PM
You left your EX-EMPLOYER in May 2008 and also transfered your H1B to NEW Company.
So tell me what is remaining beteween you and your ex-empoyer???
So he cancelled your H1B and also your I-140 later.
Also Why you did not work with ex-employer after getting a project? You knew that your I-140 was pending right?
So tell me what is remaining beteween you and your ex-empoyer???
So he cancelled your H1B and also your I-140 later.
Also Why you did not work with ex-employer after getting a project? You knew that your I-140 was pending right?
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mnq1979
06-26 10:12 PM
I am thinking to get the AFFEDEVITS of my wife from her FATHER and MOTHER stating the inforation of my her BIRTH.
My wife was born in XYZ city but now her parents reside in ABC city. My question is will it be OK if her parents get the AFFEDEVIT from ABC city stating that she was born on XXX in XYZ city or does the AFFEDEVIT has to be made from XYZ city only.
I just thought of this and wasnt sure if its ok or not. Can any one please clarrify?
Thanks in advance. !!!!
My wife was born in XYZ city but now her parents reside in ABC city. My question is will it be OK if her parents get the AFFEDEVIT from ABC city stating that she was born on XXX in XYZ city or does the AFFEDEVIT has to be made from XYZ city only.
I just thought of this and wasnt sure if its ok or not. Can any one please clarrify?
Thanks in advance. !!!!
mrajatish
09-17 12:02 PM
Explain your comments more clearly - do you mean EB1 unused is not getting used by EB2 India/China? If so, this is a matter of grave concern, and yes, we need to find out more information on this. We have to wait till DOS publishes Visa number usage this year. All EB1 and EB2 numbers should be used by over-subscribed countries in those categories and by no means by EB3.
Find out/research as much as you can on this - we need to understand what is going on.
Find out/research as much as you can on this - we need to understand what is going on.
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wandmaker
04-04 11:47 AM
The work location in LCA was company headquarter in Houston. H1 petition was submitted with LCA from Houston.
I have worked in Colorado from 2005 onwards. Company obtained LCA for Colorado, but did not file amendment with USCIS. They paid wages as per Colorado LCA, also filed CO state tax, etc. This was the scenario for both 2005 and 2007 h1 petitions.
Violation of visa terms. One can not predict the success rate of h4 stamping, it is upto the consular officer. Getting a H4 just gives you an option to make a lawfull entry and live in the US, does not eliminate the risk of 485 denial because one should have maintained the proper status until the filing of 485.
I have worked in Colorado from 2005 onwards. Company obtained LCA for Colorado, but did not file amendment with USCIS. They paid wages as per Colorado LCA, also filed CO state tax, etc. This was the scenario for both 2005 and 2007 h1 petitions.
Violation of visa terms. One can not predict the success rate of h4 stamping, it is upto the consular officer. Getting a H4 just gives you an option to make a lawfull entry and live in the US, does not eliminate the risk of 485 denial because one should have maintained the proper status until the filing of 485.
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Cataphract
02-19 07:40 PM
I want to Thank everyone for turning up for today's meeting, it was a good discussion and I am glad that we got to know each other better.
I am summarizing the things that we discussed and the "Next Steps" that we agreed upon.
These ideas can be applied to any region so any of you guys reading this, feel free to implement them for your region.
This is what we are planning to do in the next few days:
Publicize ImmigrationVoice.org in any/all manner possible within the community to raise awareness about our problems and to persuade more people to join. i.e. place materials in grocery stores, temples, or in other high traffic areas
Always monitor the media for any shred of positive stories about legal immigrants and as we find them, send materials from IV.org to the specific reporter highlighting the problems that we are currenty facing.
Contact all of your respective Congressional representatives and request an In-person meeting in order for us to present our case. If meeting reqeust is denied take names of senior aides and send relevant materials and then follow up to check on progress as to what they are doing about it. Keep bugging them, that is the only way they will respond.
Spread the word to your friends who are still waiting to join us, ask them to contribute to the site or devote their time to this cause. I suggest each of us make a goal of sending an email to atleast 10 people in the next week.
Meet with other resources and networking groups that are sympathetic to our plight (i.e. Indian CEO's council, www.usinpac.com, Indian ambassadaor in DC etc.... ) and ask for their support.
One of the strategic point that was discussed was about the McCain-Kennedy immigration bill and I along with some of the other members am of the opinion that this bill is such a behemoth and contains some radical; provisions on illegal immigration which may eventually hurt it and it may even die.
Since some of the relief measure that we are seeking are part of this bill, if it dies we will be hurt as well. We think we need to work with Quinn-Gillespie to strategize about how we can insert (if possible) provisions related to legal immigration to a bill that has a very good chance of passing. i.e. the PACE bill by Senator Pete Domenici - we need to put pressure on him, flood his office with our emails/faxes and also at the same time talk to our lobbyists to insert our provisions in his bill as it is almost guaranteed to pass.
That is all from me for now. We plan to take action and meet again soon.
Anyone with other ideas, suggestions is welcome to post them and we can incorporate them as well.
Thanks Everybody for your support and time.
I am summarizing the things that we discussed and the "Next Steps" that we agreed upon.
These ideas can be applied to any region so any of you guys reading this, feel free to implement them for your region.
This is what we are planning to do in the next few days:
Publicize ImmigrationVoice.org in any/all manner possible within the community to raise awareness about our problems and to persuade more people to join. i.e. place materials in grocery stores, temples, or in other high traffic areas
Always monitor the media for any shred of positive stories about legal immigrants and as we find them, send materials from IV.org to the specific reporter highlighting the problems that we are currenty facing.
Contact all of your respective Congressional representatives and request an In-person meeting in order for us to present our case. If meeting reqeust is denied take names of senior aides and send relevant materials and then follow up to check on progress as to what they are doing about it. Keep bugging them, that is the only way they will respond.
Spread the word to your friends who are still waiting to join us, ask them to contribute to the site or devote their time to this cause. I suggest each of us make a goal of sending an email to atleast 10 people in the next week.
Meet with other resources and networking groups that are sympathetic to our plight (i.e. Indian CEO's council, www.usinpac.com, Indian ambassadaor in DC etc.... ) and ask for their support.
One of the strategic point that was discussed was about the McCain-Kennedy immigration bill and I along with some of the other members am of the opinion that this bill is such a behemoth and contains some radical; provisions on illegal immigration which may eventually hurt it and it may even die.
Since some of the relief measure that we are seeking are part of this bill, if it dies we will be hurt as well. We think we need to work with Quinn-Gillespie to strategize about how we can insert (if possible) provisions related to legal immigration to a bill that has a very good chance of passing. i.e. the PACE bill by Senator Pete Domenici - we need to put pressure on him, flood his office with our emails/faxes and also at the same time talk to our lobbyists to insert our provisions in his bill as it is almost guaranteed to pass.
That is all from me for now. We plan to take action and meet again soon.
Anyone with other ideas, suggestions is welcome to post them and we can incorporate them as well.
Thanks Everybody for your support and time.
more...
karthikgk
10-19 07:13 PM
Same situation here for my wife, we applied only on 29 Jun and current EAD expiring on 22 Aug. We totally forgot about it. She is working for a very reputed bank in NY. Yesterday she received a call from HR asking if she had applied for EAD renewal. She explained the situation and asked them what to do. This is their reply:"That's not a problem. You can work for 180 days after expiry. Just send me a copy of the receipt notice once you receive it".
I think this essentially means the 245(k). So I went back to read the same top to bottom, and looks like you are allowed to work not exceeding 180 days.
I will update once i get more clarification.
Hello,
Looks like probably me and my wife will end up in a situation with an expired EAD - we did receive a receipt of our renewal application.
What did you guys do? Did you continue working after the EAD expired? Or take a temporary break? Or did u luck out and got ur EAD just in time?
Any help/suggestion/advise is much appreciated - as you may imagine, I am worried sick
I think this essentially means the 245(k). So I went back to read the same top to bottom, and looks like you are allowed to work not exceeding 180 days.
I will update once i get more clarification.
Hello,
Looks like probably me and my wife will end up in a situation with an expired EAD - we did receive a receipt of our renewal application.
What did you guys do? Did you continue working after the EAD expired? Or take a temporary break? Or did u luck out and got ur EAD just in time?
Any help/suggestion/advise is much appreciated - as you may imagine, I am worried sick
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ssnd03
01-02 07:18 PM
Hi Everybody,
I know that nobody has an answer for my question, but still i would like to get the views/inputs from the seniors here , who have experience with USCIS.
When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??
Most likely in about two (2) years
I know that nobody has an answer for my question, but still i would like to get the views/inputs from the seniors here , who have experience with USCIS.
When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??
Most likely in about two (2) years
more...
dilipb
04-21 03:20 PM
This query is for a friend of mine.
His labor and 140 was pre-approved.
In jun 2007 he applied for 485 / EAD and AP.
He got EAD, is working on it.
He also used AP to go to india and back.
His H1 is already expired this month.
All he has is a new AP based new i94 which expires on the day his EAD expires.
Now his drivers license is expiring.
Does anyone know the documents he will be required to submit to DL center to get DL extended.
Also the most important thing is, can the DL somehow be extended for more than 1 year. Because doing this every year is a pain.
Thanks in advance.
His labor and 140 was pre-approved.
In jun 2007 he applied for 485 / EAD and AP.
He got EAD, is working on it.
He also used AP to go to india and back.
His H1 is already expired this month.
All he has is a new AP based new i94 which expires on the day his EAD expires.
Now his drivers license is expiring.
Does anyone know the documents he will be required to submit to DL center to get DL extended.
Also the most important thing is, can the DL somehow be extended for more than 1 year. Because doing this every year is a pain.
Thanks in advance.
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shx
10-12 10:46 PM
As of October 12, 2007, USCIS has completed initial data entry and issued receipt notices for applications and petitions received on or before the dates indicated:
California Service Center
Form Number Date Received
I-130 8/30/2007
N-400 8/01/2007
All Other Forms 7/30/2007
Nebraska Service Center
Form Number Date Received
I-131 8/14/2007
I-140 8/14/2007
I-485 Employment
Based 8/14/2007
I-485 Asylee 8/07/2007
I-485 Refugee 7/16/2007
I-765 8/14/2007
N-400 7/29/2007
All Other Forms 8/05/2007
Texas Service Center
Form Number Date Received
I-131 8/13/2007
I-140 concurrently filed
with I-485 8/13/2007
I-485 Employment
Based * 8/13/2007
I-765 8/13/2007
N-400 7/18/2007
All Other Forms 9/16/2007
*California Service Center and Vermont Service Center are currently assisting in data entry of employment-based I-485 and related forms (I-140, I-765, and I-131) received at Texas Service Center between the dates of 7/28 and 8/8. As a result, some applicants may receive receipt notices from a service center different than the one they originally applied to.
Vermont Service Center
Form Number Date Received
I-130 7/29/2007
N-400 7/25/2007
All Other Forms 8/01/2007
USCIS Lockbox
Form Number Date Received
TPS 9/13/2007
California Service Center
Form Number Date Received
I-130 8/30/2007
N-400 8/01/2007
All Other Forms 7/30/2007
Nebraska Service Center
Form Number Date Received
I-131 8/14/2007
I-140 8/14/2007
I-485 Employment
Based 8/14/2007
I-485 Asylee 8/07/2007
I-485 Refugee 7/16/2007
I-765 8/14/2007
N-400 7/29/2007
All Other Forms 8/05/2007
Texas Service Center
Form Number Date Received
I-131 8/13/2007
I-140 concurrently filed
with I-485 8/13/2007
I-485 Employment
Based * 8/13/2007
I-765 8/13/2007
N-400 7/18/2007
All Other Forms 9/16/2007
*California Service Center and Vermont Service Center are currently assisting in data entry of employment-based I-485 and related forms (I-140, I-765, and I-131) received at Texas Service Center between the dates of 7/28 and 8/8. As a result, some applicants may receive receipt notices from a service center different than the one they originally applied to.
Vermont Service Center
Form Number Date Received
I-130 7/29/2007
N-400 7/25/2007
All Other Forms 8/01/2007
USCIS Lockbox
Form Number Date Received
TPS 9/13/2007
more...
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TeddyKoochu
01-24 10:20 AM
Based on the information available i am expecting EB2-I will get 8-12K visa this year (2011), unlike 20k last year (2010). Which means the PD will move as far as Nov-06 or Dec-06 the best this year.
No FB Spillover
High PERM approvals
Also porting may play a big role this year (EB3-ROW to EB2-ROW and EB3-I to EB2-I).
The high perm approvals are not translating into high I140 approvals refer to the completions on the dashboard also RFE's are on the rise. So we may still get the same spillover this year even without any kind if FB. The 485 approvals for both Eb1 and EB2 ROW are way down this year from last year on that website.
No FB Spillover
High PERM approvals
Also porting may play a big role this year (EB3-ROW to EB2-ROW and EB3-I to EB2-I).
The high perm approvals are not translating into high I140 approvals refer to the completions on the dashboard also RFE's are on the rise. So we may still get the same spillover this year even without any kind if FB. The 485 approvals for both Eb1 and EB2 ROW are way down this year from last year on that website.
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surge
02-16 10:38 AM
HI Surge
As far as i have understood , if you have filed your I485 before expiry of your I-94 then you are legal in the country and you can use your AP to travel.
not really, but close.
i-94 expire 10/01/2007. married 09/12/2007. i-485 received by uscis on 11/26/2007.
As far as i have understood , if you have filed your I485 before expiry of your I-94 then you are legal in the country and you can use your AP to travel.
not really, but close.
i-94 expire 10/01/2007. married 09/12/2007. i-485 received by uscis on 11/26/2007.
more...
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like_watching_paint_dry
12-21 09:40 AM
tell your friend to put 33% less effort on the project work. take 1.5 days in a week off for searching for other jobs and talk to a lawyer, DOL. with the offer letter he can be sued by a gain-share arrangement with some lawyer - these lawyers charge no upfront fees but the lawyer takes x% of the damages awarded... better a blood sucking lawyer make the money than a blood sucking employer.
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rahulpaper
08-26 01:27 PM
Did you do medical or not?
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krishmunn
02-02 07:53 AM
If you are working in a arbitrary job in a location different from where TVU is (which indicates you never attended classes in TVU) , you are in serious trouble. Your best bet in that case is to quietly leave US ASAP or change your status to H1/H4 if possible.
In any case, stop working immediately and talk to an attorney.
In any case, stop working immediately and talk to an attorney.
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vamsi_poondla
01-18 02:39 PM
All the best....Floridans....hope you will write the letters this weekend without fail..We need to do this simple thing to show our strength.
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indio0617
09-21 04:53 PM
Currently since labour is progressing really slowly and considering that it looks like fresh labour will get approved quickly .. but folks will have to wait 4-5 years to get into the 140/485 stage, are there are efforts being made by IV to get dependents say an interim EAD, so that they can start working, rather than be a victim of the process.
I think the biggest casualty of the process are the dependents, who unless qualified to get an h1, have no option but sit at home. I know both male and female dependents in this situation.
Wouldn't it make sense to lobby for an interim EAD in following cases:
1. if labour has not been cleared say for a long time period .. (maybe 2 years), or
2. cleared .. but people have waited a long time period but the dates for 140/485 are not current?
Not sure if this issue has been debated before.
vivache:
Top on IV's goals is 'ability to file for I-485' even when visa number is not available. As you perhaps know this will enable securing an EAD. Hope this answers your question.
I think the biggest casualty of the process are the dependents, who unless qualified to get an h1, have no option but sit at home. I know both male and female dependents in this situation.
Wouldn't it make sense to lobby for an interim EAD in following cases:
1. if labour has not been cleared say for a long time period .. (maybe 2 years), or
2. cleared .. but people have waited a long time period but the dates for 140/485 are not current?
Not sure if this issue has been debated before.
vivache:
Top on IV's goals is 'ability to file for I-485' even when visa number is not available. As you perhaps know this will enable securing an EAD. Hope this answers your question.
jai_immigration
04-30 03:51 PM
I have done interfiling myself with PD of March 2000, no luck yet. Interfile is a matter of luck, there is no guarantee that the letter you send will reach your file. Also USCIS does not give any confirmation that received your interfile and will transfer the PD. All depends on when they process your case and see your interfile, they may take action.
I had sent my interfile January sent by Fax and also by Fedex, followed up with a phone call numerous times. Not discouraging, but wanted to share my experience.
I had sent my interfile January sent by Fax and also by Fedex, followed up with a phone call numerous times. Not discouraging, but wanted to share my experience.
sagar_nyc
02-11 11:45 PM
I am with the same employer. Thanks for your answer
Sagar,
I have the same issue and mine got approved on Sep 10. I contacted my attorney and he told me the same answer as your Lawyer.
Did you use AC21 or still with the same Employer?
I am planning to use AC21 but because of this issue I'm kind of hesitate to do so.
Sagar,
I have the same issue and mine got approved on Sep 10. I contacted my attorney and he told me the same answer as your Lawyer.
Did you use AC21 or still with the same Employer?
I am planning to use AC21 but because of this issue I'm kind of hesitate to do so.
