ItIsNotFunny
10-24 01:51 PM
Why do you want to spent $2000 for lawyer for AC21? If you have same or similar offer letter, why cant you type a simple covering letter for your AC21?Do it yourself. US certified post cost around $2.00. Hiring lawyer for AC21 is waste of money.
This is true, unless you have some complication, don't go for attorney.
This is true, unless you have some complication, don't go for attorney.
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whoever
09-29 03:42 PM
Anyone have a clue?
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looneytunezez
03-08 01:15 PM
Congrats............
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alien2006
09-13 07:54 AM
For completeness, I think you should open a poll for EB3 ROW as well since they have a substantial number of members.
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a_yaja
10-07 01:47 PM
My H1B expire on 9/30 as well as my I-94 also expires 9/30. Some how I miss my H1B extenction. I have EAD that is valid until next year mid. I am working right now what is my current status? Is they any way still i can extend my H1B.
My employer is saying there is no way to extend H1B after crossing the last date. You have to work on EAD.
But my question my I94 is expired on 9/30 then what is my current staus.
thanks in advance.
You need to file a new I-9 with EAD as condition of employment ASAP. Otherwise you are working without authorization as your H1B has expired. As far as status is concerned, you are good as you are on AOS, but file the new I-9 (with HR dept. of your employer) quickly to avoid possible complications in your GC process.
My employer is saying there is no way to extend H1B after crossing the last date. You have to work on EAD.
But my question my I94 is expired on 9/30 then what is my current staus.
thanks in advance.
You need to file a new I-9 with EAD as condition of employment ASAP. Otherwise you are working without authorization as your H1B has expired. As far as status is concerned, you are good as you are on AOS, but file the new I-9 (with HR dept. of your employer) quickly to avoid possible complications in your GC process.
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ramus
07-02 09:50 AM
Please study IV first and then raise any question.
I see people not supporting the CIR which was suppose to be a pro Immigration bill, no matter which part of the society it was supporting. My question is Are you guys out here a Pro or an anti immigration forum?
Or are you guys out here are to fulfill their selfish dreams, stand on others to reach the top.
Can anyone answer me? I really doubt the people out here.
I see people not supporting the CIR which was suppose to be a pro Immigration bill, no matter which part of the society it was supporting. My question is Are you guys out here a Pro or an anti immigration forum?
Or are you guys out here are to fulfill their selfish dreams, stand on others to reach the top.
Can anyone answer me? I really doubt the people out here.
more...
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amulchandra
02-06 06:47 PM
Actually the reply I got was from the attorney(who is HR head I believe) of the non-profit organization itself. What I was told that some companies do accept volunteers but due to ignorance of law on their part.
Volunteering itself means one is not paid for. But H4s cannot volunteer in their own field of expertise. This is what I understood.
Anyway I am planning to file my H1 this year.
On the lighter side of everything may be he is a member of numbersusa...
Volunteering itself means one is not paid for. But H4s cannot volunteer in their own field of expertise. This is what I understood.
Anyway I am planning to file my H1 this year.
On the lighter side of everything may be he is a member of numbersusa...
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Wish_Good
04-30 12:45 AM
Hi All,
My Current Situation: I-140 approved on Jan 22, 2009 with company B, 7th year of my H1 ending July 2009, Current company B applied H1 extension, But H1 extension (No RFE just straight denied) - Denied based on "Old Company A"s I-485 - which was denied in June 26th 2008. Iam still in project and no issue of paystubs and all.
Looks like USCIS didn�t considered my current company�s approved 1-140.
Right now, Employer applied MTR (appeal) provided all documents.. like approved I-140 copy, LC copy and previous H1 copies.. etc.
I don't have EAD.
Please some one share their experience and suggestions:
*Usually how much time they will take to respond this kind of Appeals (MTR).
And also for safe side -- can I file another H1 in premum processing while this MTR is in pending.
*If my MTR appeal decision getting delay... can I work for my employer even after July 13th until I get decision on my H1 Extension. Do I eligible for that or I need to go back India.
Iam really worried, I got 2 younger kids.
I request, Kindly give me your valuable advice.
Thank You All,
Wish Good
My Current Situation: I-140 approved on Jan 22, 2009 with company B, 7th year of my H1 ending July 2009, Current company B applied H1 extension, But H1 extension (No RFE just straight denied) - Denied based on "Old Company A"s I-485 - which was denied in June 26th 2008. Iam still in project and no issue of paystubs and all.
Looks like USCIS didn�t considered my current company�s approved 1-140.
Right now, Employer applied MTR (appeal) provided all documents.. like approved I-140 copy, LC copy and previous H1 copies.. etc.
I don't have EAD.
Please some one share their experience and suggestions:
*Usually how much time they will take to respond this kind of Appeals (MTR).
And also for safe side -- can I file another H1 in premum processing while this MTR is in pending.
*If my MTR appeal decision getting delay... can I work for my employer even after July 13th until I get decision on my H1 Extension. Do I eligible for that or I need to go back India.
Iam really worried, I got 2 younger kids.
I request, Kindly give me your valuable advice.
Thank You All,
Wish Good
more...
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SunnySurya
07-13 12:49 PM
Reading your post, it seems that it is better for me to do nothing (option A).
talk to an attorney.
I have a similar problem with 2 485s, one as primary, one as dependent. The PDs are 18 months apart, and both are not going to be current in August. Had ending up filing both in the July fiasco because both attorneys were dillydallying on filing and we were hoping atleast one gets through, now both did.
My attorney is now advising me NOT to withdraw one on my own, because USCIS in its own confusion might end up withdrawing BOTH petitions. This also happened to someone recently on the forum (I-140 in one case got denied, and all four 485s were denied, without USCIS realizing that 2 were tied to another I-140 which is still around). He believes we will either get an approval outright and the second petition will be automatically nullified, or we'll get an RFE.
talk to an attorney.
I have a similar problem with 2 485s, one as primary, one as dependent. The PDs are 18 months apart, and both are not going to be current in August. Had ending up filing both in the July fiasco because both attorneys were dillydallying on filing and we were hoping atleast one gets through, now both did.
My attorney is now advising me NOT to withdraw one on my own, because USCIS in its own confusion might end up withdrawing BOTH petitions. This also happened to someone recently on the forum (I-140 in one case got denied, and all four 485s were denied, without USCIS realizing that 2 were tied to another I-140 which is still around). He believes we will either get an approval outright and the second petition will be automatically nullified, or we'll get an RFE.
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sriharirag
07-16 10:47 AM
Here is the full article.
>>>>>>>>>>>
U.S. to Reverse
Some Denials
Of Work Visas
By MIRIAM JORDAN
July 16, 2007; Page A2
Looking to resolve a messy immigration tangle, the U.S. government is close to announcing that it will accept at least some applications for work-based green cards that were filed by thousands of skilled workers in early July at the government's invitation and then abruptly rejected.
Tens of thousands of skilled workers, many of them in the U.S. on temporary H1B visas, responded to an official invitation, in a June 12 "visa bulletin" issued by the State Department, to take the final step in July toward attaining U.S. permanent residency. That sent workers, their families and their employers scrambling to compile paperwork and meet other requirements such as medical exams. Normally, eligible employment-sponsored workers wait years for their numbers to be called.
Then, July 2, as applications poured into processing centers, the State Department announced in a bulletin "update" that no employment-based immigrant visas were left for the fiscal year ending Sept. 30 because of "sudden backlog reduction" by U.S. Citizenship and Immigration Services. USCIS announced it would reject applications that it received.
People familiar with the situation say that officials are working out the final details of a plan that would at least partially rectify the problem.
It isn't clear, however, whether the immigration agency will now accept all applications and process them later, accept only those that have arrived, or come up with some other approach.
The July 2 decision provoked outrage among immigration lawyers, foreign workers and their employers. July 5, Microsoft Corp. announced that it plans soon to open a software-development center in Vancouver, Canada, with a view to "recruit and retain highly skilled people affected by immigration issues in the U.S." The announcement sent a clear signal to the government of the high-tech industry's dissatisfaction with the visa situation.
July 6, a large Chicago immigration law firm filed a lawsuit seeking class-action status against the government. Separately, the American Immigration Law Foundation, a nonprofit group, said it will file this week its own suit seeking class-action status.
Meanwhile, disgruntled green-card applicants cried foul, saying they had been unfairly treated by the government despite playing by the rules.
July 10, they registered their disappointment at the immigration system by dispatching hundreds of flower bouquets to the office of U.S. Citizenship and Immigration Services chief Emilio Gonzalez.
The next day, Rep. Zoe Lofgren (D-Calif.), whose district includes Silicon Valley, sent a letter to Secretary of Homeland Security Michael Chertoff requesting "all correspondence, emails, memoranda, notes, field guidance or other documentation" leading to the immigration system's about-face July 2.
The problem may have resulted from a communications breakdown between the State Department, which issues a monthly bulletin detailing who is eligible to file a green-card application, and USCIS, which processes the visa applications. The State Department has said that its role is to ensure that every visa slot available is used. In the past, however, the immigration agency has failed to use all of the slots.
Write to Miriam Jordan at miriam.jordan@wsj.com
>>>>>>>>>>>
U.S. to Reverse
Some Denials
Of Work Visas
By MIRIAM JORDAN
July 16, 2007; Page A2
Looking to resolve a messy immigration tangle, the U.S. government is close to announcing that it will accept at least some applications for work-based green cards that were filed by thousands of skilled workers in early July at the government's invitation and then abruptly rejected.
Tens of thousands of skilled workers, many of them in the U.S. on temporary H1B visas, responded to an official invitation, in a June 12 "visa bulletin" issued by the State Department, to take the final step in July toward attaining U.S. permanent residency. That sent workers, their families and their employers scrambling to compile paperwork and meet other requirements such as medical exams. Normally, eligible employment-sponsored workers wait years for their numbers to be called.
Then, July 2, as applications poured into processing centers, the State Department announced in a bulletin "update" that no employment-based immigrant visas were left for the fiscal year ending Sept. 30 because of "sudden backlog reduction" by U.S. Citizenship and Immigration Services. USCIS announced it would reject applications that it received.
People familiar with the situation say that officials are working out the final details of a plan that would at least partially rectify the problem.
It isn't clear, however, whether the immigration agency will now accept all applications and process them later, accept only those that have arrived, or come up with some other approach.
The July 2 decision provoked outrage among immigration lawyers, foreign workers and their employers. July 5, Microsoft Corp. announced that it plans soon to open a software-development center in Vancouver, Canada, with a view to "recruit and retain highly skilled people affected by immigration issues in the U.S." The announcement sent a clear signal to the government of the high-tech industry's dissatisfaction with the visa situation.
July 6, a large Chicago immigration law firm filed a lawsuit seeking class-action status against the government. Separately, the American Immigration Law Foundation, a nonprofit group, said it will file this week its own suit seeking class-action status.
Meanwhile, disgruntled green-card applicants cried foul, saying they had been unfairly treated by the government despite playing by the rules.
July 10, they registered their disappointment at the immigration system by dispatching hundreds of flower bouquets to the office of U.S. Citizenship and Immigration Services chief Emilio Gonzalez.
The next day, Rep. Zoe Lofgren (D-Calif.), whose district includes Silicon Valley, sent a letter to Secretary of Homeland Security Michael Chertoff requesting "all correspondence, emails, memoranda, notes, field guidance or other documentation" leading to the immigration system's about-face July 2.
The problem may have resulted from a communications breakdown between the State Department, which issues a monthly bulletin detailing who is eligible to file a green-card application, and USCIS, which processes the visa applications. The State Department has said that its role is to ensure that every visa slot available is used. In the past, however, the immigration agency has failed to use all of the slots.
Write to Miriam Jordan at miriam.jordan@wsj.com
more...
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sathish_gopalan
07-19 12:27 AM
I am on EAD currently. Priority date is Nov 2004 (EB3).
I just switched to a new employer using AC21. Can I file for my EB2 and then interfile AOS ?.
I understand that we need to file new Labor and I140. What happens at I485 ?. Do we need to revoke the current I485 and then apply for a new one. What will be status at that point and what will happen to the EAD ?.
Please point me to any thread if this has already been discussed.
I just switched to a new employer using AC21. Can I file for my EB2 and then interfile AOS ?.
I understand that we need to file new Labor and I140. What happens at I485 ?. Do we need to revoke the current I485 and then apply for a new one. What will be status at that point and what will happen to the EAD ?.
Please point me to any thread if this has already been discussed.
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go_gc_way
07-18 07:45 PM
Hello Atul
I agree only crying baby gets milk.
But only lucky applicants get green card :). Its not based on eligibility alone.
Now about protests and demonstrations. I dont think it will work in the US for a myriad of reasons.
I think every year about 30K or more people are coming from India
on H1B. I think half of them apply for GC. At least 200K Indian nationals
alone waiting in the line for GC. Why IV has only 5k? We should have atlease 50K members.
A working plan would be get atleast 100K people to our organization and have everybody contribute $100. That would give us $10Million. We can hire top people and companies to get it done. And donate big funds to these politician.
What I told is just a dream. Most of us here are free riders. In my company there are 5 people who are affected. I'm the only who checks regulary this site. I have to tell them again and again and again to send a fax or donate.
So what to do?
thanks
babu
Why only 5k and why only less contribute ? This time there is a membership drive, all need sincerely try increase membership of the forum.
I agree only crying baby gets milk.
But only lucky applicants get green card :). Its not based on eligibility alone.
Now about protests and demonstrations. I dont think it will work in the US for a myriad of reasons.
I think every year about 30K or more people are coming from India
on H1B. I think half of them apply for GC. At least 200K Indian nationals
alone waiting in the line for GC. Why IV has only 5k? We should have atlease 50K members.
A working plan would be get atleast 100K people to our organization and have everybody contribute $100. That would give us $10Million. We can hire top people and companies to get it done. And donate big funds to these politician.
What I told is just a dream. Most of us here are free riders. In my company there are 5 people who are affected. I'm the only who checks regulary this site. I have to tell them again and again and again to send a fax or donate.
So what to do?
thanks
babu
Why only 5k and why only less contribute ? This time there is a membership drive, all need sincerely try increase membership of the forum.
more...
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gcformeornot
09-25 03:53 PM
When 140 is revoked USCIS generally send NOID and ask from a offer letter from intended(new) employer. If you can not provide a letter from new employer... they will deny 485.... sorry.
Your EAD is valid, but it is useful only if you have a new job.
Your EAD is valid, but it is useful only if you have a new job.
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xbohdpukc
03-11 09:58 AM
But the point is - Has he/she said it can not be done at I-485?:confused:
To my best knowledge the PD is set at the I-140 stage. As a matter of fact, there's a field in the administrative part of that form where the PD is stated. Short of saying that it wouldn't be possible to claim an earlier PD at the I-485 stage I would assume that your lawyer should jump much more loops to get you an earlier PD then.
To my best knowledge the PD is set at the I-140 stage. As a matter of fact, there's a field in the administrative part of that form where the PD is stated. Short of saying that it wouldn't be possible to claim an earlier PD at the I-485 stage I would assume that your lawyer should jump much more loops to get you an earlier PD then.
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pani_6
07-03 12:06 PM
OK if I go the convert to Eb2 route..when do Ihave to shift to the new employer..after the new PERM is approved or after the I-14o is approved??.
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bobsmith
07-30 05:00 PM
Any comment?
http://thehill.com/leading-the-news/specter-has-new-immigration-package-2007-07-27.html
Specter has new immigration package
By Elana Schor
July 27, 2007
The Senate Judiciary Committee�s senior Republican said on Thursday that he is on the verge of offering a new immigration reform package, making significant changes that could win over recalcitrant members from both parties.
Sen. Arlen Specter (Pa.), who accompanied President Bush Thursday on his visit to Pennsylvania, said he has spoken to Bush and the two Cabinet members who have led immigration talks about his new bill. Specter also told reporters that he has spoken to most senators involved in this spring�s failed �grand bargain,� outlining his plan and appealing for a restart to the arduous immigration debate.
�I�m ready to unveil it now,� Specter said. �I�ve got letters to the 100 senators on my desk.�
Specter explained the new measure would omit the controversial �Z visa� program, which would have given the nation�s 12 million illegal immigrants a path to citizenship. Removing the Z visa would offer conservatives less opening to tag the bill as �amnesty.� But he would leave intact the family reunification standard that this spring�s defunct immigration bill partially replaced with a skills-based system.
The lone change in the status of the 12 million, Specter said, would be removing their status as fugitives from justice, an attempt to diminish their incentive to remain outside the system and in fear of deportation.
Specter added that he already has met with �stakeholders� from outside groups involved in the complex immigration debate, and he plans to hold more sit-downs next week. Offering green cards to immigrants seeking employment in the high-tech industry is under consideration, he said.
http://thehill.com/leading-the-news/specter-has-new-immigration-package-2007-07-27.html
Specter has new immigration package
By Elana Schor
July 27, 2007
The Senate Judiciary Committee�s senior Republican said on Thursday that he is on the verge of offering a new immigration reform package, making significant changes that could win over recalcitrant members from both parties.
Sen. Arlen Specter (Pa.), who accompanied President Bush Thursday on his visit to Pennsylvania, said he has spoken to Bush and the two Cabinet members who have led immigration talks about his new bill. Specter also told reporters that he has spoken to most senators involved in this spring�s failed �grand bargain,� outlining his plan and appealing for a restart to the arduous immigration debate.
�I�m ready to unveil it now,� Specter said. �I�ve got letters to the 100 senators on my desk.�
Specter explained the new measure would omit the controversial �Z visa� program, which would have given the nation�s 12 million illegal immigrants a path to citizenship. Removing the Z visa would offer conservatives less opening to tag the bill as �amnesty.� But he would leave intact the family reunification standard that this spring�s defunct immigration bill partially replaced with a skills-based system.
The lone change in the status of the 12 million, Specter said, would be removing their status as fugitives from justice, an attempt to diminish their incentive to remain outside the system and in fear of deportation.
Specter added that he already has met with �stakeholders� from outside groups involved in the complex immigration debate, and he plans to hold more sit-downs next week. Offering green cards to immigrants seeking employment in the high-tech industry is under consideration, he said.
more...
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aamchimumbai
12-05 02:13 PM
Was your wife successful in getting an H1B visa stamped in her passport? If yes, could you please share your experience for the visa stamping interview/documents, etc. Your post will be helpful for some who plan to return on H1B/H4 (including me).
Thanks.
My wife would be travelling to India soon and the question is whether to use AP or go for a H1 visa. She has been working on H1 (but no H1 visa yet) and also has a valid AP. The 485 is pending on my name.
In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
Many Thanks !!!
Thanks.
My wife would be travelling to India soon and the question is whether to use AP or go for a H1 visa. She has been working on H1 (but no H1 visa yet) and also has a valid AP. The 485 is pending on my name.
In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
Many Thanks !!!
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sukhwinderd
09-12 03:41 PM
online recipt date will show as 7/31 but that is not recipt date..u should be able to 7/2 in the acutal original notice..same thing happened to me..so dont worry
thanks
thanks
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psvk
05-20 12:32 AM
mrane1,
Did you get back the documents from USCIS ? I too have done similar mistake sending the applications 2 days in advance. Not sure when would I get the application back.
Did you guys get a receipt notice, In my case I did.
Did you get back the documents from USCIS ? I too have done similar mistake sending the applications 2 days in advance. Not sure when would I get the application back.
Did you guys get a receipt notice, In my case I did.
vamsi_poondla
11-27 09:51 AM
Whoever invoked this please share your experiences, dos and donts.
BharatPremi
07-22 01:55 AM
My H1-B visa expired on June 16, 2007. Extension (I-129) has been filed in May 2007 (before expiration). It has not been approved yet. It's still pending. My LC has been approved on July 09, 2007 and my PD is April 2004. My question is: Can I file concurrently I-140 and I-485? Will my application be rejected or will an RFE be issued?
Thanks for your input.
Solong:confused:
Yes you can file your 485. Just tell your lawyer not to forget to attach the H1 extension application receipt.
Thanks for your input.
Solong:confused:
Yes you can file your 485. Just tell your lawyer not to forget to attach the H1 extension application receipt.