GCard_Dream
09-10 12:54 PM
The only difference is reasons for Earthquakes and Shooting stars can be logically and scientifically explained but there is absolutely no logical explanation for USCIS's actions. Big difference. God help us all. :( :confused:
I think members have written tons of pages on forums, spent days not hours predicting the actions of USCIS. But we need to understand that nothing and nobody can predict three things.
1. Earthquakes
2. Shooting stars and
3. USCIS
I think members have written tons of pages on forums, spent days not hours predicting the actions of USCIS. But we need to understand that nothing and nobody can predict three things.
1. Earthquakes
2. Shooting stars and
3. USCIS
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techbuyer77
06-12 03:45 PM
Please help!
I just filed i-485. My pD is Jan 2004
i-140 has been previoulsy approved.
Now my original employer agreed to give me evl, but with the way the economy is going they are not doing well.
I have another employer which I am working now with.
How likely is to get an approval (or an rfe for paystubs?) before 180 days.
I am eb3 row
Thanks, I am very depressed it took too long I guess and the economy changed and now the whole future of my family is pending
I just filed i-485. My pD is Jan 2004
i-140 has been previoulsy approved.
Now my original employer agreed to give me evl, but with the way the economy is going they are not doing well.
I have another employer which I am working now with.
How likely is to get an approval (or an rfe for paystubs?) before 180 days.
I am eb3 row
Thanks, I am very depressed it took too long I guess and the economy changed and now the whole future of my family is pending
cdeneo
04-03 02:48 PM
Anyone who applied and got a canadian tourist visa based on AP please share their experience ... Thanks!
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ragz4u
02-17 11:30 PM
If you are on H1B visa and hoping for a green card, get ready to walk to work.
A lot of people do not know that certain states like Pennsylvania will not issue a driver's licence if your H1B is about to expire in less than one year.
This is not the case in all states, but on inquiring, I learned that most states are going towards this as part of their move to make drivers licenses unavailable to illegals http://www.washingtonpost.com/wp-dyn/articles/A45651-2004Sep23.html
If you are on H1B visa and applying for a green card, as described in this post (http://immigrationvoice.org/forum/showthread.php?t=74), you WILL end up in your sixth year of H1 visa if the current situation does not improve. Then you will be able to extend your visa only ONE year at a time. Which means if you end up in a state like PA, you will have to walk to work or use public transport (if your city has public transport).
But by then many would be married/with kids. In that case, they have to make sure their kids can walk to their school too!
And do not forget the grocery store.....make sure its nearby...
The list is endless.
And just because you are not from PA, do not rejoice. What if your company relocates or gets bought over by another firm and you move to a state which enforces such rules?
And though this is applicable to a certain states right now, it will come to YOUR state very soon....I know a person in PA who is going through this now and I'm sure no one wants to be in his shoes!
<Sarcasm>So why not have a proposal to modify the H1B application form and add a question
Are you aware that your permission to drive a vehicle in USA on H1B visa is valid only for five years? along with the other questions that we already have like 'have you ever been convicted/felon' etc?
</Sarcasm>
Join, volunteer and contribute to ImmigrationVoice. This is your only chance to do something about retrogression while its possible. If we miss the boat this time, be ready to walk to work....
A lot of people do not know that certain states like Pennsylvania will not issue a driver's licence if your H1B is about to expire in less than one year.
This is not the case in all states, but on inquiring, I learned that most states are going towards this as part of their move to make drivers licenses unavailable to illegals http://www.washingtonpost.com/wp-dyn/articles/A45651-2004Sep23.html
If you are on H1B visa and applying for a green card, as described in this post (http://immigrationvoice.org/forum/showthread.php?t=74), you WILL end up in your sixth year of H1 visa if the current situation does not improve. Then you will be able to extend your visa only ONE year at a time. Which means if you end up in a state like PA, you will have to walk to work or use public transport (if your city has public transport).
But by then many would be married/with kids. In that case, they have to make sure their kids can walk to their school too!
And do not forget the grocery store.....make sure its nearby...
The list is endless.
And just because you are not from PA, do not rejoice. What if your company relocates or gets bought over by another firm and you move to a state which enforces such rules?
And though this is applicable to a certain states right now, it will come to YOUR state very soon....I know a person in PA who is going through this now and I'm sure no one wants to be in his shoes!
<Sarcasm>So why not have a proposal to modify the H1B application form and add a question
Are you aware that your permission to drive a vehicle in USA on H1B visa is valid only for five years? along with the other questions that we already have like 'have you ever been convicted/felon' etc?
</Sarcasm>
Join, volunteer and contribute to ImmigrationVoice. This is your only chance to do something about retrogression while its possible. If we miss the boat this time, be ready to walk to work....
more...
snathan
07-27 11:44 PM
Hi All!
Appreciate if you have any suggestion for my case:
My case is regarding I-140 and I-485 being denied (Admin mistake at USCIS end) which were filed in July 2007 using substitution labor.
USCIS denied my 140 application by saying that they received my 140 application on 18th July 2007 and the last date was 16th July 2007. The receive date on my 140 notice is 16th July 2007 so it is clearly a mistake at USCIS end, not sure from where they got 18th July 2010.
My lawyer then filed the MTR/Appeal for 140 and USCIS sent the case to AAO. I am not sure even though the case was so strong why USCIS didn�t approve it in MTR and sent it for appeal. In I-290B form my lawyer selected the option of both MTR and Appeal. Lawyer also didn't file any appeal for 485, because as per him USCIS will automatically open I-485 once I-140 is opened or approved. So I-485 is still lying in denied state and hasn't been opened by USCIS.
I am looking for if there is any way I can reopen my I-485 so that i can renew my EAD which is about to expire in few months. I dont think USCIS will renew the EAD if 485 is in denied stage.
Also if my 485 is opened i can file 485/EAD for my wife too as my PD is current.
Or if there is any other option I can get my 485 opened instead of waiting for AAO for 2 years to process my case.
EB2 PD Date: Dec 2005.
I-140 denied: 10 Dec 2009
I-140 appealed: 05 Jan 2010
I-140 sent to AAO: Feb 25 2010
I-485 Denied: 31 Dec 2009
I-485 appeal: none
Appreciate your help and if you can point me in right direction.
Thanks,
Rocky
The day when the I-485 was denied, your EAD became invalid. If you are using the same for your work its illegal or unauthorized work.
Appreciate if you have any suggestion for my case:
My case is regarding I-140 and I-485 being denied (Admin mistake at USCIS end) which were filed in July 2007 using substitution labor.
USCIS denied my 140 application by saying that they received my 140 application on 18th July 2007 and the last date was 16th July 2007. The receive date on my 140 notice is 16th July 2007 so it is clearly a mistake at USCIS end, not sure from where they got 18th July 2010.
My lawyer then filed the MTR/Appeal for 140 and USCIS sent the case to AAO. I am not sure even though the case was so strong why USCIS didn�t approve it in MTR and sent it for appeal. In I-290B form my lawyer selected the option of both MTR and Appeal. Lawyer also didn't file any appeal for 485, because as per him USCIS will automatically open I-485 once I-140 is opened or approved. So I-485 is still lying in denied state and hasn't been opened by USCIS.
I am looking for if there is any way I can reopen my I-485 so that i can renew my EAD which is about to expire in few months. I dont think USCIS will renew the EAD if 485 is in denied stage.
Also if my 485 is opened i can file 485/EAD for my wife too as my PD is current.
Or if there is any other option I can get my 485 opened instead of waiting for AAO for 2 years to process my case.
EB2 PD Date: Dec 2005.
I-140 denied: 10 Dec 2009
I-140 appealed: 05 Jan 2010
I-140 sent to AAO: Feb 25 2010
I-485 Denied: 31 Dec 2009
I-485 appeal: none
Appreciate your help and if you can point me in right direction.
Thanks,
Rocky
The day when the I-485 was denied, your EAD became invalid. If you are using the same for your work its illegal or unauthorized work.
pthoko
07-05 03:07 PM
Hi All,
Please clarify my doubts if you can.
The G-325A form is asking for dates of previous employment. I have an issue here.....
I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.
H1 employer also applied for a change of status, I was not aware of the whole status issue that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.
So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.
Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??
If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.
Any advice is appreciated. I'm afraid to talk about this to my current company attorney....
Thanks.
Please clarify my doubts if you can.
The G-325A form is asking for dates of previous employment. I have an issue here.....
I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.
H1 employer also applied for a change of status, I was not aware of the whole status issue that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.
So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.
Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??
If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.
Any advice is appreciated. I'm afraid to talk about this to my current company attorney....
Thanks.
more...
aguy
01-05 12:53 PM
The reason I ask is, someone sent me this from the NAFSA Adviser's Manual (2006 release) (check the last point) -
7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.
H-1B automatic revalidation different than that for F and J nonimmigrants
F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.
7.27.2.2
Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.
7.27.2.3 Revalidation of H visas in the United States no longer possible
Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.
7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.
It is not clear if this is exclusive of 7.27.2.1. See me dilemma?
7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.
H-1B automatic revalidation different than that for F and J nonimmigrants
F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.
7.27.2.2
Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.
7.27.2.3 Revalidation of H visas in the United States no longer possible
Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.
7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.
It is not clear if this is exclusive of 7.27.2.1. See me dilemma?
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meridiani.planum
05-05 12:26 AM
I was not aware of the 120 days... I filed my wifes EAD day 138 days before expiry (should have been more carefull!)... So what happens now? Rejection? Denial? RFE?
Also what docs should be send after efiling, if any?
rejected. Meaning they will return it with your filing fees:
http://www.immigration-law.com/Archive%20XVI.html
02/14/2008: USCIS Clarification of Denial vs. Rejection of EAD Renewal Application Filed Earlier Than 120 Days Prior to Expiration of EAD
* We posted this message on 02/04/2008 and raised this issue. The AILA has just reported that the USCIS clarified its message that the premature filing would be "rejected" rather than "denied." What this means is that the filers will at least save the filing fees
Also what docs should be send after efiling, if any?
rejected. Meaning they will return it with your filing fees:
http://www.immigration-law.com/Archive%20XVI.html
02/14/2008: USCIS Clarification of Denial vs. Rejection of EAD Renewal Application Filed Earlier Than 120 Days Prior to Expiration of EAD
* We posted this message on 02/04/2008 and raised this issue. The AILA has just reported that the USCIS clarified its message that the premature filing would be "rejected" rather than "denied." What this means is that the filers will at least save the filing fees
more...
mp70
07-19 08:15 AM
It is good to carry all possible documents. However for extensions they just check the I-797 along with the DS-156 and 157. They did not ask any other document. Hope this helped. Regards - MP70.
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Kushal
07-17 01:53 PM
Not a single contribution by anyone....
I think CORE and all active members should shut this website down right now and let all the non paying members feel the misery without this site...
Order Details - Jul 17, 2007 11:19 AM PDT
Google Order #537910701830239
I think CORE and all active members should shut this website down right now and let all the non paying members feel the misery without this site...
Order Details - Jul 17, 2007 11:19 AM PDT
Google Order #537910701830239
more...
virtual55
07-17 01:57 PM
Not a single contribution by anyone....
I think CORE and all active members should shut this website down right now and let all the non paying members feel the misery without this site...
That's why we need paid website, so info can be passed to only paid members who are really serious about these issues
and people like AILA will not have our info.
http://immigrationvoice.org/forum/showthread.php?t=5997&highlight=paid+website
I think CORE and all active members should shut this website down right now and let all the non paying members feel the misery without this site...
That's why we need paid website, so info can be passed to only paid members who are really serious about these issues
and people like AILA will not have our info.
http://immigrationvoice.org/forum/showthread.php?t=5997&highlight=paid+website
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ufo2002
09-11 04:50 PM
EB3 RoW is 3rd biggest group... so not everybody is Indian after all!
Just j/k, :p
Just j/k, :p
more...
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dce.deepak
11-08 08:30 PM
Labor needs to be applied accordingly too.. mention of masters degree and experience in job duties and posting
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indyanguy
06-07 07:32 PM
any help?
more...
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maximus777
10-27 04:18 PM
Last week I had the unfortunate experience of being "let go". This is my current situation:
EB-2 India PD July 2008
I-140 approved in April 2009
Currently on 7th year of my H1-B which is valid till May 2013.
Now the question I have is, if I were to transfer my H1-B visa to some other company (non consulting fulltime role), will I get an additional 3 years extension, i.e., till Oct 2013 or will it be only till May 2013?
Greatly appreciate any thoughts here. Thanks!
EB-2 India PD July 2008
I-140 approved in April 2009
Currently on 7th year of my H1-B which is valid till May 2013.
Now the question I have is, if I were to transfer my H1-B visa to some other company (non consulting fulltime role), will I get an additional 3 years extension, i.e., till Oct 2013 or will it be only till May 2013?
Greatly appreciate any thoughts here. Thanks!
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Pallavi79
02-15 09:28 AM
<quote>In light of the bill that has been passed which doesnot allow forfresh H-1 B as well as H-1 B renewals</quote>
there is no such law. I understand now a days frequent RFEs. But you can take it easy as long as you have job.
there is no such law. I understand now a days frequent RFEs. But you can take it easy as long as you have job.
more...
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nvodela
09-29 02:31 AM
Check your private message
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jackisback
05-04 12:08 PM
Should this not come from USCIS rather than coming from AILA? I would think this should be a press release or "news" on the USCIS website if they are starting this pilot.
Are we supposed to be worried about sending this email since someone has got access to the AILA letter and posted it here in IV?
This should be coming from USCIS or the attorney's offices...
Are we supposed to be worried about sending this email since someone has got access to the AILA letter and posted it here in IV?
This should be coming from USCIS or the attorney's offices...
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HOPE_GC_SOON
06-05 06:27 PM
Hi
What is is your 140 Filing Date and which center ?? When did you see Status change online. Did you see any change, while the appln. is being taken for processing.
Actually, my question, is my 140 went to TSC on Aug 29, 2007 (From NSC), As per latest procesing statistics, I see, upto Aug 26,2007, cases were cleared by May 15th. My case, must have been taken for processing by now. But I donot see any Status Change.
Donot know, how correct are these Processing Statitstics. Did 140 processing Date go back in TCS. How do I know, approx. date of my 140 clearance. I am really in need of the same, as I am running a tough situation.:mad::o
Appreciate any inputs to this situation of mine. :)
thanks.
My I-140 was approved on 5/8/2008 and my attorney received the original approval notice on 5/14/2008. The online status on uscis website was like "approved, approval notice sent" at that time. But since 5/22/2008, the onlien status changed again into:
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Document mailed to applicant.
On May 22, 2008 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Anybody has any idea what this "New document" could be? My attorney said he has not received anything yet. Thanks in advance.
What is is your 140 Filing Date and which center ?? When did you see Status change online. Did you see any change, while the appln. is being taken for processing.
Actually, my question, is my 140 went to TSC on Aug 29, 2007 (From NSC), As per latest procesing statistics, I see, upto Aug 26,2007, cases were cleared by May 15th. My case, must have been taken for processing by now. But I donot see any Status Change.
Donot know, how correct are these Processing Statitstics. Did 140 processing Date go back in TCS. How do I know, approx. date of my 140 clearance. I am really in need of the same, as I am running a tough situation.:mad::o
Appreciate any inputs to this situation of mine. :)
thanks.
My I-140 was approved on 5/8/2008 and my attorney received the original approval notice on 5/14/2008. The online status on uscis website was like "approved, approval notice sent" at that time. But since 5/22/2008, the onlien status changed again into:
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Document mailed to applicant.
On May 22, 2008 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Anybody has any idea what this "New document" could be? My attorney said he has not received anything yet. Thanks in advance.
diptam
08-13 05:14 PM
7:30 AM folks started getting receipts now - We 11:30 AM guys have to wait at least 2-3 more weeks :D :D
By the way - guys whose things gone between 9 to 9:30 got receipts the first ( there are exceptions though) - After Coffee everyone was charged !! The early (7:30) guys are penalized for too much alertness and late (11:30) guys are taken care of for too much laziness.
I've never imagined that i'll see such interesting stuffs in GC process at US.
Same here...mine was signed by GERKENSMEYER AT 11.34am
By the way - guys whose things gone between 9 to 9:30 got receipts the first ( there are exceptions though) - After Coffee everyone was charged !! The early (7:30) guys are penalized for too much alertness and late (11:30) guys are taken care of for too much laziness.
I've never imagined that i'll see such interesting stuffs in GC process at US.
Same here...mine was signed by GERKENSMEYER AT 11.34am
reedandbamboo
08-29 12:54 PM
volunteer as a writer.
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