tabletpc
08-23 02:59 PM
But using AC21 without having I-140 approved is big risk..u never know how the X emplyer might treat communication with USCICS with RFE is received.
I am presuming many r in a situation where they ahve i-140 pending and 485 filed.
I am presuming many r in a situation where they ahve i-140 pending and 485 filed.
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joelly
04-17 06:12 PM
:eek: I don't get it.
How can someone call themselves anti-immigrant? Those people who belong to the Anti-Immigrant group is actually an immigrant themselves somewhere in time.
We all surely knows who is native american, right?
Lets not forget, America was and continues to prosper because of hardworking and honest immigrants..
How can someone call themselves anti-immigrant? Those people who belong to the Anti-Immigrant group is actually an immigrant themselves somewhere in time.
We all surely knows who is native american, right?
Lets not forget, America was and continues to prosper because of hardworking and honest immigrants..
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a_yaja
09-13 10:37 AM
I'll be graduating from med school next year. Per student counsel/student affair office, my seniors are qualified med professionals and are eligible for eb2 category.
Does immi law allow a person to file H-1B when he/she is a derivative 485 applicant / AOS pending status?
Just trying to explore the possibilities to apply 485 under EB2 category and my current status is 485 EB3 AOS, primary applicant is my spouse. I would really appreciate the valuable suggestions and thoughts.
Thanks,
You should be able to file H1B directly without becoming a student first. Since you already have an EAD (I assume that you have one since you are AOS), you don't even need to file a H1. However, it is your choice to file H1 or not. You do not need to be on a H1 to file for Labor, I-140, etc. You can do that while on AOS.
Does immi law allow a person to file H-1B when he/she is a derivative 485 applicant / AOS pending status?
Just trying to explore the possibilities to apply 485 under EB2 category and my current status is 485 EB3 AOS, primary applicant is my spouse. I would really appreciate the valuable suggestions and thoughts.
Thanks,
You should be able to file H1B directly without becoming a student first. Since you already have an EAD (I assume that you have one since you are AOS), you don't even need to file a H1. However, it is your choice to file H1 or not. You do not need to be on a H1 to file for Labor, I-140, etc. You can do that while on AOS.
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pappu
01-09 12:19 PM
From another thread: IV wants to hear from EB1, EB2ROW and people who are current or are outside processing time members.
Come on fellas, I need your input.
The delays you pointed out are actually being discussed by IV core at this time (part of our 2009 plan if members want to) and we are thinking of making a case for it. In order to do that we will need statistics on our site to prove how many people (our members) are affected. We can use that % dataset to determine the similarity with overall similar cases. We can also use the statistics to make a case for all cases that are current for a long time and still waiting. We will need community's help if you all want to use the stats and graphs for our presentation on this advocacy effort. This effort will be successful if we get help from all members EB1, EB2 ROW and others in all categories that are current for I485 or are outside their application processing times for their other immigration applications. This may become one of our 2009 push with the new administration and we can work on it.
Writing letters is good. But they need to be backed by a campaign and IV name needs to be behind it to make it a national campaign. Not sure how much individual letters may help as we have learnt from past experiences.
Let us have a discussion what EB1, EB2ROW and others that are current want? And also what people whose I140 etc is stuck and are outside processing time want? Are they willing to support such campaign? Can these people get all such folks together on this platform to run this campaign?
Let us know your thoughts.
Come on fellas, I need your input.
The delays you pointed out are actually being discussed by IV core at this time (part of our 2009 plan if members want to) and we are thinking of making a case for it. In order to do that we will need statistics on our site to prove how many people (our members) are affected. We can use that % dataset to determine the similarity with overall similar cases. We can also use the statistics to make a case for all cases that are current for a long time and still waiting. We will need community's help if you all want to use the stats and graphs for our presentation on this advocacy effort. This effort will be successful if we get help from all members EB1, EB2 ROW and others in all categories that are current for I485 or are outside their application processing times for their other immigration applications. This may become one of our 2009 push with the new administration and we can work on it.
Writing letters is good. But they need to be backed by a campaign and IV name needs to be behind it to make it a national campaign. Not sure how much individual letters may help as we have learnt from past experiences.
Let us have a discussion what EB1, EB2ROW and others that are current want? And also what people whose I140 etc is stuck and are outside processing time want? Are they willing to support such campaign? Can these people get all such folks together on this platform to run this campaign?
Let us know your thoughts.
more...
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garybanz
01-11 11:53 AM
How long is your I-485 pending? Ever thought about suing the USCIS? This is still the country of law.
Rajiv Khanna has gone on record about suing USCIS, he says majority of cases don't even get a hearing. Govt uses some kind of a law originally created for handling terror suspects against most of the cases against USCIS. How ever he says California is an exception
Rajiv Khanna has gone on record about suing USCIS, he says majority of cases don't even get a hearing. Govt uses some kind of a law originally created for handling terror suspects against most of the cases against USCIS. How ever he says California is an exception
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adGurkha
06-29 12:47 PM
I asked this before but did not get any answer. Trying my luck again. I lost my OPT card and unfortunately have no records what so ever of it.
Is there a way I can get a copy of this from USCIS?
Is there a way I can get a copy of this from USCIS?
more...
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sunny1000
05-04 01:41 AM
Thanks shar533 for the response. I want to travel by road though and I do have a valid visa.
I just need to get a new I-94 that matches the date on my I-797. I did try local CBP office and they were not willing to change it. They wanted me to apply for I-539 to extend status. So I thought its easier and faster probably to cross the border and get a new I-94.
My question is, If I travel to Canada on my current H1-B to renew my I-94, does it invalidate my pending AP application. Anyone?
Thanks
Your pending AP does not get invalidated (or even come into picture) as you have a valid stamped visa (I am assuming) and your I-94 will be stamped as "Admitted" rather than "Paroled".
It is the Green card application that is considered "abandoned" if you travel without a valid AP, IF you DON'T have a valid dual intent visa. This situation does not apply to you right now.
Good luck with your trip!
I just need to get a new I-94 that matches the date on my I-797. I did try local CBP office and they were not willing to change it. They wanted me to apply for I-539 to extend status. So I thought its easier and faster probably to cross the border and get a new I-94.
My question is, If I travel to Canada on my current H1-B to renew my I-94, does it invalidate my pending AP application. Anyone?
Thanks
Your pending AP does not get invalidated (or even come into picture) as you have a valid stamped visa (I am assuming) and your I-94 will be stamped as "Admitted" rather than "Paroled".
It is the Green card application that is considered "abandoned" if you travel without a valid AP, IF you DON'T have a valid dual intent visa. This situation does not apply to you right now.
Good luck with your trip!
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jonty_11
02-05 02:42 PM
Yedy - I would appreciate that you let a healthy discussion take place on these forums rather than posting wrong information and shunning out people. The community is here to help and there may be many in similar situations. I am talking to a lawyer even before you preached it. This is a forum to get second opinions and real life examples. I am sure no one here (including you) takes the advice from these forums literally and implements it
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asanghi
07-17 06:44 PM
Excellent. I am new in this cage..but I am proud to be here. I will definetly donate generously for 4 core for future lobbying. Also I would think..we need 2 avoid anti-immigration media such as CNN etc. I saw WSJ, Business Week, CNBC(Brian William news at 6.30), CNBC Maria, Washington post, New york time and some other local news paper helping us with covergae on this issue. We shouldn't be helping Lou dobb's kind of guys to boost his ratings. I decided to stay away from that chap!! and CNN. I know many of my friends regulary watch CNN and I advised everyone to switch to other channel..what u guys think. Once again congts all.. sleep well and enjoy..
Yes Shawine, you are right. In fact irrespective of IV's belief that likes of Lou Dobbs' can be ignored, I believe that they actually do significant damage in terms of swaying Americans away from our cause. I think it is essential to counter their agenda.
In fact am currently trying to find out how to set up an H1B fact check database wiki. Does someone know how to set up a free wiki?
Yes Shawine, you are right. In fact irrespective of IV's belief that likes of Lou Dobbs' can be ignored, I believe that they actually do significant damage in terms of swaying Americans away from our cause. I think it is essential to counter their agenda.
In fact am currently trying to find out how to set up an H1B fact check database wiki. Does someone know how to set up a free wiki?
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thomachan72
10-29 06:46 AM
Thanks, I do have the copy of I-140 approval notice with receipt number and all that info.
It's hard to find employers (once again, non consulting ones) who commit to file my GC application again. At best, I get a "we'll gladly transfer your H1-B visa but no commitment on GC" sort of response. Considering a worst case scenario, if I dont have a newly approved PERM by May 2013 and my original PD (July 2008) becomes current, what happens then?
Thanks again!
Asuming you dont have an approved labor by 2013, you will not be able to apply for H1b renewal at that point (even if your PD is not current). The only way you can get further extensions is if you have completed the PERM by then or atleast have PERM pending for 365 days. Join somebody now and then look for others who would be willing to do the PERM immediately. I am not sure how long you can stay now since you are basically out of status as of last week.
It's hard to find employers (once again, non consulting ones) who commit to file my GC application again. At best, I get a "we'll gladly transfer your H1-B visa but no commitment on GC" sort of response. Considering a worst case scenario, if I dont have a newly approved PERM by May 2013 and my original PD (July 2008) becomes current, what happens then?
Thanks again!
Asuming you dont have an approved labor by 2013, you will not be able to apply for H1b renewal at that point (even if your PD is not current). The only way you can get further extensions is if you have completed the PERM by then or atleast have PERM pending for 365 days. Join somebody now and then look for others who would be willing to do the PERM immediately. I am not sure how long you can stay now since you are basically out of status as of last week.
more...
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GoneSouth
04-18 05:52 PM
Contact the federal elected representative in your employer's district. If they are not immigrant friendly, try the elected representative in your district (if different). There is a congressional liason inquiry process that can be leveraged to expedite your LC application. My application was pending for 8 months with no new status from DoL. I contacted my employer's congressman, explained the situation, and supplied a letter from my attorny, and my LC was approved within 3 weeks.
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ghost
07-19 02:19 PM
Ok , just got off the phone with my lawyer.He says we can not file a I485 because the priority date is not current. EB3 is showing 01OCT01 and we can only file that form the bulletin is showing April2002. He says we are not eligible for that...
So now you are getting a feel of the whole mess we all are into. Welcome to the club!
Anyways, from all your posts I gather that your wife's GC application is in EB3 category with a Priority Date (PD) of April 2002.
You've never mentioned your country of citizenship but as of July 2006, the PD is not current for any one. Check out the bulletin at: http://travel.state.gov/visa/frvi/bulletin/bulletin_1770.html
Click on July 2006 and scroll all the way to the section of "Employment Based" Table. The first column (employment based) of this table lists categories. Yours, EB3, is 3rd. Now, depending on your country of citizenship you can check the available PD. Department of State updates this web page every month but because of current retrogression problem there is not a lot of movement for EB3 PD's.
You have other options like changing your employer and porting your PD to the new employer. Search in the forums for "Porting Priority Date" for more information. You should talk to your lawyer about this possibility.
Good Luck!
So now you are getting a feel of the whole mess we all are into. Welcome to the club!
Anyways, from all your posts I gather that your wife's GC application is in EB3 category with a Priority Date (PD) of April 2002.
You've never mentioned your country of citizenship but as of July 2006, the PD is not current for any one. Check out the bulletin at: http://travel.state.gov/visa/frvi/bulletin/bulletin_1770.html
Click on July 2006 and scroll all the way to the section of "Employment Based" Table. The first column (employment based) of this table lists categories. Yours, EB3, is 3rd. Now, depending on your country of citizenship you can check the available PD. Department of State updates this web page every month but because of current retrogression problem there is not a lot of movement for EB3 PD's.
You have other options like changing your employer and porting your PD to the new employer. Search in the forums for "Porting Priority Date" for more information. You should talk to your lawyer about this possibility.
Good Luck!
more...
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dingudi
03-05 12:03 PM
Yep..not to worry..just go there on the date of appt..they'll just ask you to come back when the finger heals...I cut my finger...officer made a notation on my form and asked me to come when it heals..I went after a month and got it done
DO they tell you to reschedule the appointment or just ask you to come with FP notice by doing walk-in after it heals. Also do they put a note in their system that you could not give the FP because of so and so reason. Also anyone knows what Boston ASC does , whether they permit walk-ins during the week.
You said you went after a month, so I assume that they must have noted that you did appear for the FP but could not do it.
Sorry if I am sounding a little desperate but I just want to get this over with the right way without any hassles.
DO they tell you to reschedule the appointment or just ask you to come with FP notice by doing walk-in after it heals. Also do they put a note in their system that you could not give the FP because of so and so reason. Also anyone knows what Boston ASC does , whether they permit walk-ins during the week.
You said you went after a month, so I assume that they must have noted that you did appear for the FP but could not do it.
Sorry if I am sounding a little desperate but I just want to get this over with the right way without any hassles.
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cdeneo
03-04 07:59 PM
Is there a way to find out if one's FP has cleared or not? I guess infopass appt may be one way - just wondering if there was an easier way to know where one stands ...
Thanks!
Thanks!
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snathan
02-09 02:39 PM
Guys Please contribute...Thats the need of hour.
http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000
http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000
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pani_6
07-03 06:24 PM
So I have to join the new employer only after the new I-140 is approved right..my current I-140 is already approved..
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forgerator
04-08 08:12 PM
US govt. must get all their money from HBSC and then strip them of their US citizenship and deport them. You can do everything in America except cheat more than allowed on taxes. Everyone enjoys a little wriggle space with taxes...the IRS knows that about each filer. Certain things however cannot and should not be done. These evaders are nothing but THEIVES stealing from us ALL. :mad:
I believe US citizenship cannot be revoked unless you're charged with treason or something.
I believe US citizenship cannot be revoked unless you're charged with treason or something.
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tampacoolie
07-05 07:31 PM
Anyone with US earned income can contribute to 401(k) and IRA. I have my own Roth IRA and employer 401k plan. I contribute to both.
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kanyewest
04-21 06:54 PM
Thank you for the quick response. I see that you are in Center City Philly. My prospective employer is also located in the same area and he does not have an immigration attorney, may be I can retain your services.
I understand the 'Yes' to the first question.
For the second - I do not have the most recent paystubs as I have not been employed for the past 2 months. In addition, I cannot provide paystubs for any period in 2009, that I was employed as I was not paid by my employer.
The last paystubs I have are for Sep 2008. I also have W2 for 2006, 2007 and 2008 (though 2008 one is deficient for 3 months).
Is it possible that I do not submit my paystubs and W2 and only submit my earlier H1 approval notice, valid I-94, and Pending H4 COS Receipt Notice? With this documentation, can we expect an H1 approval and in the worst case expect COS denial?
I am thinking, if H1 gets approved, I will travel abroad and obtain a new I-94 at POE.
Please recommend a safe approach. The new employer wants me to begin in 3 weeks, and I am wondering what is the best approach.
Thank you in advance for your time and recommendations.
I understand the 'Yes' to the first question.
For the second - I do not have the most recent paystubs as I have not been employed for the past 2 months. In addition, I cannot provide paystubs for any period in 2009, that I was employed as I was not paid by my employer.
The last paystubs I have are for Sep 2008. I also have W2 for 2006, 2007 and 2008 (though 2008 one is deficient for 3 months).
Is it possible that I do not submit my paystubs and W2 and only submit my earlier H1 approval notice, valid I-94, and Pending H4 COS Receipt Notice? With this documentation, can we expect an H1 approval and in the worst case expect COS denial?
I am thinking, if H1 gets approved, I will travel abroad and obtain a new I-94 at POE.
Please recommend a safe approach. The new employer wants me to begin in 3 weeks, and I am wondering what is the best approach.
Thank you in advance for your time and recommendations.
deecha
07-16 05:14 PM
Hey,
My I-140 was filed in June 2006. It was based on the LC Substitution from the same company..but filed with the copy of the LC. It has been still pending for more than a year with TSC. Last inquired with USCIS in Jan 07, USCIS came back to us and said it requires an additional review. But the LUD remain the same as June 2006.
My lawyer said she will another inquiry with USCIS in August 2007 as 6 months waiting period will be over from last inquiry....
In my case, I never received the original PERM LC. Perhaps it got lost in the mail or they forgot totally about the issue that's why he had to file with a copy.
My I-140 was filed in June 2006. It was based on the LC Substitution from the same company..but filed with the copy of the LC. It has been still pending for more than a year with TSC. Last inquired with USCIS in Jan 07, USCIS came back to us and said it requires an additional review. But the LUD remain the same as June 2006.
My lawyer said she will another inquiry with USCIS in August 2007 as 6 months waiting period will be over from last inquiry....
In my case, I never received the original PERM LC. Perhaps it got lost in the mail or they forgot totally about the issue that's why he had to file with a copy.
newyorker123
09-28 10:06 AM
I had filed an FOIA for a copy of my COMPLETE ALIEN file. I found my I-140 approval as part of those documents.
It might not be a bad idea to file FOIA again to request the entire Alien file and not just the I-485 file. That is likely to give you the results you're looking for.
I can see Approval stamp and date on my I-140 application. I just dont see I-140 approval notice(like the I-140 receipt they sent out). If I want to use AC-21 or use porting to EB-2 is my I140 application with approval stamp is good enough ??
Again my original question can I submit another FOIA just to get the I-140 approval notice???
It might not be a bad idea to file FOIA again to request the entire Alien file and not just the I-485 file. That is likely to give you the results you're looking for.
I can see Approval stamp and date on my I-140 application. I just dont see I-140 approval notice(like the I-140 receipt they sent out). If I want to use AC-21 or use porting to EB-2 is my I140 application with approval stamp is good enough ??
Again my original question can I submit another FOIA just to get the I-140 approval notice???
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