MSCapBust
07-25 09:54 PM
Thanks you all for replying.
I have 2 clarifications:
1. Am I allowed to begin work only on 1st Oct 2006?
If I'm exempt from the cap, does that mean I can begin work anytime or am I subject to the yearly schedules dates like everyone else? I keep hearing both versions. Please do clarify.
2. I did NOT get my H1-B stamped on my passport (back in 2002).
Since I was quitting and going back to school, I didn�t bother to get it done and got a new F-1 instead. I do however; have my H1-B approval document. Does this affect anything with regards to the cap? In other words, am I exempt only if I get a H1-B stamping?
I do apologize for asking quite so many times, but I really do want to make sure before I let the cap be reached.
Thanks very much once again.
Slightly more relieved.
I have 2 clarifications:
1. Am I allowed to begin work only on 1st Oct 2006?
If I'm exempt from the cap, does that mean I can begin work anytime or am I subject to the yearly schedules dates like everyone else? I keep hearing both versions. Please do clarify.
2. I did NOT get my H1-B stamped on my passport (back in 2002).
Since I was quitting and going back to school, I didn�t bother to get it done and got a new F-1 instead. I do however; have my H1-B approval document. Does this affect anything with regards to the cap? In other words, am I exempt only if I get a H1-B stamping?
I do apologize for asking quite so many times, but I really do want to make sure before I let the cap be reached.
Thanks very much once again.
Slightly more relieved.
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eb2_hope
08-22 06:55 PM
I support this..I call every second day .....
hope123
12-21 06:29 PM
I applied I-140 with a substitution labor in May'07. Then I applied I-485 on July2nd,2007. Got EAD on Aug20th. Two months back my I-140 was approved. Now I am on EAD. I am working with a very good financial corporation which they are asking me to join as full-time from Jan1st2008. I told my manager that I can join as a full-time from Feb20th 2008. Can any one throw some light on these doubts?
1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
4. Does my new company has to give same exact responsibilities as my labor certificate?
I would appreciate if any one replies to these posts. Thanks in advance.
1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
4. Does my new company has to give same exact responsibilities as my labor certificate?
I would appreciate if any one replies to these posts. Thanks in advance.
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01-26 05:00 PM
Charlotte, NC. decent Indian population and growing,nice weather, midway between NY and ATL
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mihird
07-11 03:30 PM
http://www.congress.org/congressorg/issues/alert/?alertid=9979506&content_dir=ua_congressorg
The button below the article lets you send emails to Bush and Cheney...
The button below the article lets you send emails to Bush and Cheney...
bmeduru11
02-18 11:43 AM
Hi all,
I started working with a company in July 2006 and applied for I-140 in Nov 2006 with an existing labor of Nov 2004. My company is in losses all the time but I am getting more than proffered wage since I joined. Recently I received Intent to deny notice as there is no evidence that company can pay my in 2005. My attorney has replied for Intent to Deny notice and also applied for new I -140 using my own labor.
New I-140 got approved. I send a request for Interfiling to take out old I-140 from my 485 and use the approved I-140. when I checked the status of my case yesterday - both my old I-40 and 485 got denied. I didn't receive Denial notice yet.
Please suggest my any options I have for not losing I-485 and EAD.
I started working with a company in July 2006 and applied for I-140 in Nov 2006 with an existing labor of Nov 2004. My company is in losses all the time but I am getting more than proffered wage since I joined. Recently I received Intent to deny notice as there is no evidence that company can pay my in 2005. My attorney has replied for Intent to Deny notice and also applied for new I -140 using my own labor.
New I-140 got approved. I send a request for Interfiling to take out old I-140 from my 485 and use the approved I-140. when I checked the status of my case yesterday - both my old I-40 and 485 got denied. I didn't receive Denial notice yet.
Please suggest my any options I have for not losing I-485 and EAD.
more...
siravi
11-23 10:22 AM
nihar,
a couple of members tried help you with this query you posted in another thread earlier... (http://immigrationvoice.org/forum/showthread.php?t=15594)
1) please write clearly. The SMS format (?) is not helping much :(
2) you need to provide some more/basic information as was also requested earlier (above thread, post # 28)
3) as suggested above, really, your best bet would be to talk to an international student advisor at your university/college, since you have been on F1.
a couple of members tried help you with this query you posted in another thread earlier... (http://immigrationvoice.org/forum/showthread.php?t=15594)
1) please write clearly. The SMS format (?) is not helping much :(
2) you need to provide some more/basic information as was also requested earlier (above thread, post # 28)
3) as suggested above, really, your best bet would be to talk to an international student advisor at your university/college, since you have been on F1.
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satishku_2000
08-01 01:53 PM
Response for my RFE on 140 was supposed to be sent in by today. My Law office sent in the resposne using FEDEX overnight yesterday. I come to work in the moring and check the status of FEDEX and it says it is still in transit. I call the fedex office with tracking number and they say there was a big technical problem and hydraulic leak in the plane that was supposed to carry my response. Fedex says they will try to deliver by after mailroom closes today and they are ready to issue a letter stating that its their mistake. Do you guys think my response will be accepted tomorrow or I get a NOID for my 140? My lawyer says that if FEDEX trys to deliver it by today and they fail we should be ok or if they issue NOID we can always rebut back with letter from FEDEX and open a MTR .. any one of you guys have any such experience. I dont want to blame any one here excpet my luck in the whole process.
Any input guys .. I really dont know what to do .. I am almost half paralyzed , I am in 6th year of my H1 and ends in december ..and my PD is Sep 2004 .
Guys any input is appreciated ..
Any input guys .. I really dont know what to do .. I am almost half paralyzed , I am in 6th year of my H1 and ends in december ..and my PD is Sep 2004 .
Guys any input is appreciated ..
more...
tabletpc
05-28 11:32 AM
Greatly apprecite if anyone can give their inputs...
I have PD with dec 2006 and 140 approved. Filed 485 in July 2007. For october 2008 I will be done with 4 years of H1b. I am single and I may not get married untill later 2009 due to some family responsibalities. I am kind of concered about 485 getting approval by then which might jeoperdise my spouse visa later. Based on the present processing speed, mine might take minmum 2 years. But bit concerend what if USCICS make a mistake in processing 485 in terms of picking 485 from a later date and approving it?
So my query is...
1. If I now withdraw my 485 and later change company. SHould I again get a new labor and i140 approved with new company to file for 485.( Here I understand I can port my PD.).
Any inputs will be greatly apprecited....
I have PD with dec 2006 and 140 approved. Filed 485 in July 2007. For october 2008 I will be done with 4 years of H1b. I am single and I may not get married untill later 2009 due to some family responsibalities. I am kind of concered about 485 getting approval by then which might jeoperdise my spouse visa later. Based on the present processing speed, mine might take minmum 2 years. But bit concerend what if USCICS make a mistake in processing 485 in terms of picking 485 from a later date and approving it?
So my query is...
1. If I now withdraw my 485 and later change company. SHould I again get a new labor and i140 approved with new company to file for 485.( Here I understand I can port my PD.).
Any inputs will be greatly apprecited....
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ganguteli
04-23 09:24 AM
Focus on your goal. Emotions may not take you there.
If I am in your place, i wont argue with that lawyer. I will try to get full co-operation from that lawyer, and make him file another LC, after proper review from your side. Obviously you need support from employer also.
It is your choice. And yes you can file legal case against law firm. But then what?
Dude,
Stop having a fake profile with fake dates.
Fill a correct profile or not have any date in your profile.
You say you got your Labor from Atlanta in 01/04/2004 approved. Perm was not even there in 2004.
Current GC Processing Stage
N/A
Priority Date
Before 2000
Green Card Category
EB2
Nationality
India
Country of Chargeability
India
Service Center
California
Labor Type
Regular
Perm Center
Atlanta
Labor Approval Date
01/04/2004
I140-I485 Concurrent Filing
Yes
I140 Mailed Date
08/02/2004
I140 Filing Type
Regular
July 2007 Filer
No
Adjustment of Status Application Type
Adjustment of Status (I-485)
Application Status
Approved
I485 Approval Date
08/06/2006
If I am in your place, i wont argue with that lawyer. I will try to get full co-operation from that lawyer, and make him file another LC, after proper review from your side. Obviously you need support from employer also.
It is your choice. And yes you can file legal case against law firm. But then what?
Dude,
Stop having a fake profile with fake dates.
Fill a correct profile or not have any date in your profile.
You say you got your Labor from Atlanta in 01/04/2004 approved. Perm was not even there in 2004.
Current GC Processing Stage
N/A
Priority Date
Before 2000
Green Card Category
EB2
Nationality
India
Country of Chargeability
India
Service Center
California
Labor Type
Regular
Perm Center
Atlanta
Labor Approval Date
01/04/2004
I140-I485 Concurrent Filing
Yes
I140 Mailed Date
08/02/2004
I140 Filing Type
Regular
July 2007 Filer
No
Adjustment of Status Application Type
Adjustment of Status (I-485)
Application Status
Approved
I485 Approval Date
08/06/2006
more...
smisachu
12-05 11:12 PM
I asked my attorney the following question. His reply is in caps:
Q) Is it true that I can enter US on AP and still retain my H1 if I declare at port of entry that I would like to use my H1? I would like to retain and use my H1.
A)NO. YOU WOULD ENTER ON THE AP. THEN WHEN THE H-1B IS ABOUT TO EXPIRE, YOU WILL BE ABLE TO APPLY FOR AN H-1B EXTENSION. WHAT SEEMS TO BE A GREY AREA IS THE EXACT STATUS AFTER THE I-94 THAT IS ISSUED BASED ON THE AP EXPIRES, AND BEFORE THE H-1B IS READY TO BE RENEWED. YOU CAN'T TECHNICALLY APPLY FOR AN EXTENSION OF AN H-1B UNLESS IT IS WITHIN 6 MONTHS OF EXPIRING.
What is the feed back you guys have received from your legal counsels? Please share.
Hi,
I have my AP approved and H1B approved until 2010 but have an expired H1B
Visa and I plan to extend my H1B visa some time next year.
I am planning on some business trips and would like to re-enter US multiple times using my Advance parole. Any issues with this?
Once I re enter using AP, can I go back to India and apply for H1B visa extension based on the approved H1B.
Appreciate your responses on this.
Thanks,
Bitz
Q) Is it true that I can enter US on AP and still retain my H1 if I declare at port of entry that I would like to use my H1? I would like to retain and use my H1.
A)NO. YOU WOULD ENTER ON THE AP. THEN WHEN THE H-1B IS ABOUT TO EXPIRE, YOU WILL BE ABLE TO APPLY FOR AN H-1B EXTENSION. WHAT SEEMS TO BE A GREY AREA IS THE EXACT STATUS AFTER THE I-94 THAT IS ISSUED BASED ON THE AP EXPIRES, AND BEFORE THE H-1B IS READY TO BE RENEWED. YOU CAN'T TECHNICALLY APPLY FOR AN EXTENSION OF AN H-1B UNLESS IT IS WITHIN 6 MONTHS OF EXPIRING.
What is the feed back you guys have received from your legal counsels? Please share.
Hi,
I have my AP approved and H1B approved until 2010 but have an expired H1B
Visa and I plan to extend my H1B visa some time next year.
I am planning on some business trips and would like to re-enter US multiple times using my Advance parole. Any issues with this?
Once I re enter using AP, can I go back to India and apply for H1B visa extension based on the approved H1B.
Appreciate your responses on this.
Thanks,
Bitz
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ajay
04-21 10:58 AM
My wife had gone to DMV in fair oaks mall and they had asked her to produce the original I485 and unfortunately we don't carry it. Our license is going to expire next month.
Anybody know what we can do in this situation. Has anybody got a licence recently from VA state.
thanks
Anybody know what we can do in this situation. Has anybody got a licence recently from VA state.
thanks
more...
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gotgc?
09-17 11:48 AM
Your lawyer is right. Since you have an active and approved I-140, your I-485 can NOT be denied. Even if it is denied by mistake, it can be re-opened by MTR.
You should relax, in other words.
That is the advantage of having multiple immigrant petitions (one or more combination of I-140 and I-130).
Good Luck to you.
*** Not a legal advise ***
Thanks a lot for all your responses...i am optimistic now...hope they keep my AOS pending as I am from EB3-India, I may not get a chance to refile I-485 with my 2006 PD in the next 20 years....once again, thanks to you all...
You should relax, in other words.
That is the advantage of having multiple immigrant petitions (one or more combination of I-140 and I-130).
Good Luck to you.
*** Not a legal advise ***
Thanks a lot for all your responses...i am optimistic now...hope they keep my AOS pending as I am from EB3-India, I may not get a chance to refile I-485 with my 2006 PD in the next 20 years....once again, thanks to you all...
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mhtanim
09-15 02:05 PM
I can see it. Refresh your browser
Thanks inskrish for the news.
Anyway, the Proc. dates are a heap of bull shit. The NSC Proc date for I-485 says July 08 2007. We all know the dates were 'U' and noone could have filed a I-485 between July 2 - July 17th (July 2 fiasco). So how can the oldest application that the NSC is blocked on can be dated July 08 2007 !!!
Even if they came across ineligible applications like that, wouldn't they just outright reject them and quickly move on to some other application that they can process??? Why would they consider themselves blocked on such application(s) and issue the processing date to reflect such transient status ???
Some people actually did file during July 2 through July 17 and I am one of them. My law firm (one of the top immigration law firms) was actively involved with the AILF to file the lawsuit against DOS at that time. The law firm recommended all their clients to file I-485 even after July 1st as they though AILF has really good chances of winning the lawsuit.
Thanks inskrish for the news.
Anyway, the Proc. dates are a heap of bull shit. The NSC Proc date for I-485 says July 08 2007. We all know the dates were 'U' and noone could have filed a I-485 between July 2 - July 17th (July 2 fiasco). So how can the oldest application that the NSC is blocked on can be dated July 08 2007 !!!
Even if they came across ineligible applications like that, wouldn't they just outright reject them and quickly move on to some other application that they can process??? Why would they consider themselves blocked on such application(s) and issue the processing date to reflect such transient status ???
Some people actually did file during July 2 through July 17 and I am one of them. My law firm (one of the top immigration law firms) was actively involved with the AILF to file the lawsuit against DOS at that time. The law firm recommended all their clients to file I-485 even after July 1st as they though AILF has really good chances of winning the lawsuit.
more...
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gopi246
03-20 09:52 PM
Did you contact the SSN department in person or called them.? Its better to go in person and get hold of the supervisor.
My brother had the same issue, but after 2 weeks of waiting, he used to go to the local SSN opffice everyday and somehow was able to get hold of the supervisor. The Supervisor called him once they got the info in their system and also gave him the number. The actual card came after few days in mail. I would suggest you to contact the local SSA office Super/Admin and escalate your case saying you badly need the number to start working.
Thank you very much, I will try and get to the root of the issue. Thanks for you return posts. Now i understand that I have to fight it out.
My brother had the same issue, but after 2 weeks of waiting, he used to go to the local SSN opffice everyday and somehow was able to get hold of the supervisor. The Supervisor called him once they got the info in their system and also gave him the number. The actual card came after few days in mail. I would suggest you to contact the local SSA office Super/Admin and escalate your case saying you badly need the number to start working.
Thank you very much, I will try and get to the root of the issue. Thanks for you return posts. Now i understand that I have to fight it out.
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file485
09-27 11:16 AM
this is a hot topic right now..!!
many of us who filed our labor right in the age-old days, atleast me,had no idea of EB2/3 category and it will affect our life so drastically. The paralegal/attnys just filed it(at that point of time just filing the LC was crucial..)
anyway,for retaining the old EB3 PD for the later EB2 date..should the salaries match..?? obviuosly, they wouldnt...?? then how will this be doable..
In no way,this situation can be treated as a substituted labor...
So may I take it from this thread, bottom line that we cant do it..
many of us who filed our labor right in the age-old days, atleast me,had no idea of EB2/3 category and it will affect our life so drastically. The paralegal/attnys just filed it(at that point of time just filing the LC was crucial..)
anyway,for retaining the old EB3 PD for the later EB2 date..should the salaries match..?? obviuosly, they wouldnt...?? then how will this be doable..
In no way,this situation can be treated as a substituted labor...
So may I take it from this thread, bottom line that we cant do it..
more...
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man-woman-and-gc
03-10 10:48 AM
. I had the same. you should be getting an Interview at the local office soon(in one or two months time). They want to verify something regarding your case. In my case it was the missing vaccination document
Thankks for responding. Atleast now I know that my application is alive at USCIS.
Thankks for responding. Atleast now I know that my application is alive at USCIS.
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yjprakash
10-24 04:58 PM
finally status for EAD and AP changed to " documents mailed".
But yesterday i received a letter from USCIS related to the fax I did before.
and as per that letter, my request to expedite my EAD and AP is not valid(?????????????) so they sent my fax back (print out). I really dont understand this!!!!!!!!!!
waiting for EAD & AP hopefully I will get it tomorrow.
But yesterday i received a letter from USCIS related to the fax I did before.
and as per that letter, my request to expedite my EAD and AP is not valid(?????????????) so they sent my fax back (print out). I really dont understand this!!!!!!!!!!
waiting for EAD & AP hopefully I will get it tomorrow.
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Dhundhun
07-16 03:53 PM
If the processing date is July 17, on what basis they are selecting files which has reciept date July 30...
In case of EADs, we saw that for straight forward cases, they sent card in even 2 weeks, where on website Processing Date used to be reported 90 days before posting date.
So perhaps the simpler cases, which they though to be complete, while receiving FP feedback or Name Check feedback - just a guess - and yes while Processing Date is July 17, people of much later dates got approved. This is despite USCIS telling that applications will be processed in order.
In case of EADs, we saw that for straight forward cases, they sent card in even 2 weeks, where on website Processing Date used to be reported 90 days before posting date.
So perhaps the simpler cases, which they though to be complete, while receiving FP feedback or Name Check feedback - just a guess - and yes while Processing Date is July 17, people of much later dates got approved. This is despite USCIS telling that applications will be processed in order.
bharad
09-18 04:26 PM
My PD is oct 2004 it is way-off from the current priority dates according to the visa bulleting, but still I received the EAD for only one year(approval date: 9/11/2008). Did you receive any positive info from the INFO-PASS appointment?
:)
That's the only logical thing to do right now, sending original EAD might be a bit risky.....i will update after my info pass appointment.
:)
That's the only logical thing to do right now, sending original EAD might be a bit risky.....i will update after my info pass appointment.
MYGCBY2010
07-27 04:21 PM
I had filed FOIA request to USCIS requesting a copy of I140 approval notice. My I140 was approved after which I changed employer. I need I140 approval notice to keep my original priority date.
But after filing G639, I got a response back from USCIS saying the case has been sent to DoS for visa approval and that I should contact DoS directly regarding the case.
Also remember, G639 form is for FOIA request for USCIS only.
You need to file a letter to DoS (google "DOS + foia" and you would see format of the letter)
Other than this,I have also filed Form I824 (Action on approved petition) with $200 filing fees requesting I140 approval from USCIS. I guess looking at the processing time, I will have to wait for another 6 months before I hear back from USCIS
Did you put in your A# OR THE Petition Number 3 in that form. Please respond.
But after filing G639, I got a response back from USCIS saying the case has been sent to DoS for visa approval and that I should contact DoS directly regarding the case.
Also remember, G639 form is for FOIA request for USCIS only.
You need to file a letter to DoS (google "DOS + foia" and you would see format of the letter)
Other than this,I have also filed Form I824 (Action on approved petition) with $200 filing fees requesting I140 approval from USCIS. I guess looking at the processing time, I will have to wait for another 6 months before I hear back from USCIS
Did you put in your A# OR THE Petition Number 3 in that form. Please respond.
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