eb3retro
04-30 09:23 PM
One of my friend who applied for an EAD renewal got it approved. But it went back to USCIS as undeliverable by post office. So he calls USCIS and opens an SR, and the rep says that his PR card application has been approved and will be remailed to him. Which means, they initially sent the GC instead of EAD. Can this happen? His PD is not current, he is from india with a PD of 2004.
Also, after he opened an SR for this, he received a notice from USCIS via postal mail that an SR was created and that they are remailing the PR card and if he does not receive it within 60 days, he needs to call them.
I told him that they are mistaking PR card for an EAD card and its the EAD card thats coming back to him. Anyone here had such an experience?? And defenitely my friend is just not excited too as he knows USCIS does not even know to put the correct card name in the notice.
Also, after he opened an SR for this, he received a notice from USCIS via postal mail that an SR was created and that they are remailing the PR card and if he does not receive it within 60 days, he needs to call them.
I told him that they are mistaking PR card for an EAD card and its the EAD card thats coming back to him. Anyone here had such an experience?? And defenitely my friend is just not excited too as he knows USCIS does not even know to put the correct card name in the notice.
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leoindiano
02-24 12:26 PM
I have a freind whose DUI came up when he went to stamping in CANADA...They gave him the visa after 10 days, after clearance from FBI, This is most likely the same...If the charges are reduced before you filed I-485, then it should not be a problem. You just show them the proof. Having attorney with you will definitely help.
aadimanav
12-10 04:28 PM
Hi Everyone,
Here is the scenario:
Category: EB3-INDIA
PD: APRIL 2004:
140: Approved.
485 filed on July 2nd, 2007 (of course, still pending)
Changed Employer after invoking AC21 (without sending any documentation to USCIS)
There is possibility that my new employer (where I am working on EAD) may get ready to file gc for me in EB2.
Now, here are my question:
1) Since my EB3 485 is pending, is it possible for another employer to file under EB2? Is this the process which is called Inter-filing? Has anyone done that?
2) At what stage previous EB3 PD can be used ? At the time of 140 filing, 140 approval or new 485 filing?
3) What if new EB2 I40 gets rejected? Does it have any impact on old EB3 approved 140 and pending 485?
4) Does the scenario look too risky?
5) Any one in the same boat?
Thanks in advance.
Here is the scenario:
Category: EB3-INDIA
PD: APRIL 2004:
140: Approved.
485 filed on July 2nd, 2007 (of course, still pending)
Changed Employer after invoking AC21 (without sending any documentation to USCIS)
There is possibility that my new employer (where I am working on EAD) may get ready to file gc for me in EB2.
Now, here are my question:
1) Since my EB3 485 is pending, is it possible for another employer to file under EB2? Is this the process which is called Inter-filing? Has anyone done that?
2) At what stage previous EB3 PD can be used ? At the time of 140 filing, 140 approval or new 485 filing?
3) What if new EB2 I40 gets rejected? Does it have any impact on old EB3 approved 140 and pending 485?
4) Does the scenario look too risky?
5) Any one in the same boat?
Thanks in advance.
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cdeneo
01-05 04:44 PM
I did not make the mistake of sending her abroad, she had gone on her own accord and overstayed until her AP expired and now wants to come back (as I said some of these issues were not in my control).
Thanks for suggesting the I-131 route, I will look into it and also ask an attorney for guidance in this regard.
Sorry to know about your situation....
Since you are not on h1b , she is not on h4, so question of coming back on h4 with AP is not there.
This is very tricky, there is only one solution.
You can apply for AP from outside USA only if on emergency humanitarian situations. Look at Form I-131, there is an option to apply from outside USA.
Look at part one of the I-131 document and talk to your attorney if you can show such a need for an emergency humaitarian situation.
If you had already known about this, why did you make the mistake of sending her abroad....
Thanks for suggesting the I-131 route, I will look into it and also ask an attorney for guidance in this regard.
Sorry to know about your situation....
Since you are not on h1b , she is not on h4, so question of coming back on h4 with AP is not there.
This is very tricky, there is only one solution.
You can apply for AP from outside USA only if on emergency humanitarian situations. Look at Form I-131, there is an option to apply from outside USA.
Look at part one of the I-131 document and talk to your attorney if you can show such a need for an emergency humaitarian situation.
If you had already known about this, why did you make the mistake of sending her abroad....
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mrsr
05-25 12:02 PM
I recently came to know like many desi comanies applying the h1 s for their whole family tree,like cousins, bros, sisters.
think about them they will sit on the bench forever, also they cannot complain.
We are inviting the trouble for our own future. I am not aganist the H1b program,but i am aganist about this family business. They come here on fake resumes and fake degrees.
I would encourage every one to complain aganist them, so that real experienced people will not be screwd up.
they also play tricks like one person will take the interview for the other one and so forth.
Desi consulting is a big mess.
we should act on it.
think about them they will sit on the bench forever, also they cannot complain.
We are inviting the trouble for our own future. I am not aganist the H1b program,but i am aganist about this family business. They come here on fake resumes and fake degrees.
I would encourage every one to complain aganist them, so that real experienced people will not be screwd up.
they also play tricks like one person will take the interview for the other one and so forth.
Desi consulting is a big mess.
we should act on it.
Sreenuuk
08-07 09:29 AM
are you dumb or something????
this has been out for weeks...we are waiting for the september bulletin
what a moron!
Relax guys...sorry ..
do you need to use these kind of words for posting a thread which I did by mistake?
this has been out for weeks...we are waiting for the september bulletin
what a moron!
Relax guys...sorry ..
do you need to use these kind of words for posting a thread which I did by mistake?
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satishtr
04-23 09:29 AM
Passage of Immigration reform in the senate was not at all a problem, they have passed it more then once before. It is the house that rejected all of them. No wonder pelosi dosn't want any of it :), but again she is a strong women who passed health care reform... There is more probablity of this thing going through if the house passed the resolution first, just like the other legislation.
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sathishav
03-01 02:07 PM
If i understood your post correctly, you have ported of an unapproved I140. I do understand this is for a "future job", but still you have used AC21.
I agree with your attorney to file, because, if you had worked for Company A and moved AFTER I140 approved and I485 pending for 180 days, you don't have to worry about their status. Since you have not yet worked for them, it safe severe your ties by filing AC21.
http://www.myvisajobs.com/Document/YatesMay05.pdf
Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-
485 that has been pending for 180 days or more, the following procedures should
be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on
it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If additional evidence is necessary to resolve a material post-filing
issue such as ability to pay, an RFE can be sent to try to resolve the
issue. When a response is received, and if the petition is approvable,
follow the procedures in part A above.
I agree with your attorney to file, because, if you had worked for Company A and moved AFTER I140 approved and I485 pending for 180 days, you don't have to worry about their status. Since you have not yet worked for them, it safe severe your ties by filing AC21.
http://www.myvisajobs.com/Document/YatesMay05.pdf
Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-
485 that has been pending for 180 days or more, the following procedures should
be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on
it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If additional evidence is necessary to resolve a material post-filing
issue such as ability to pay, an RFE can be sent to try to resolve the
issue. When a response is received, and if the petition is approvable,
follow the procedures in part A above.
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teky
11-12 03:57 PM
Vancouver stamping experience (Oct 2009):
Guys we successfully had our H1B visa stamping done in Vancouver, Canada. First let me start about Vancouver and man what a beautiful place it is. It�s also called Glass City but has its own natural side in which no city can come close.
We flew into Vancouver from Seattle, WA and stayed at Days inn near West Pender St, which we did not like at all. Also take some time for taking pictures inside Vancouver airport. I think they are beautifying the airport for the Winter Olympics in 2010 but the totem poles and some exhibits are worth watching. Taxi ride to the airport is about 30$.
One advantage with Days Inn on West Pender is walking distance to the US embassy. One the visa day we came at 9:00 AM (Tuesday) to the consulate with DS-160 confirmation letter. We uploaded the photos during our electronic submission but better to have additional photos as we have seen many people being sent out as the picture in the application was not clear. The whole process took about 2 Hours and I was back to the hotel room by about 11:30 AM.
After the consulate visit on Tuesday we immediately shifted to Century Plaza Hotel & Spa. We got a good deal for Century Plaza and were surprised at the level of luxury we got.
I was only asked for my H1B approval document. The officer asked questions about our previous work location as he was from the same place. I was told to collect the document on Thursday as Wednesday was a holiday. We booked our tickets for Friday as we thought it would take two days to get our passport back.
The Friday journey meant we had lots of time to visit some amazing places in Vancouver, Canada. We visited Stanley park (must visit), Granville Island (very expensive-not much to do-liked the boat taxi), Canada place (beautiful spot for a great view), Robson street (nice street for shopping), Victoria Island (long travel but a worthy one), Caplilano suspension bridge (Did not find it too surprising), Bushart gardens-Victoria Island (must visit) and Parliament building-Victoria Island (must visit). Heard lot of good reviews about British Columbia history museum but missed it. Public transportation is great in Vancouver but do take enough time if you are planning for it. Also do take two days if you want to cover Victoria Island. The journey (Bus+BCFerry) itself takes half day.
Some of the places I would recommend for food are Banana leaf Malaysian restaurant, India Bistro and Sala Thai.
We were very depressed by the thought of another Visa stamping but Vancouver visit changed the entire episode. Been to Toronto and Ottawa before but nothing like Vancouver.
Guys we successfully had our H1B visa stamping done in Vancouver, Canada. First let me start about Vancouver and man what a beautiful place it is. It�s also called Glass City but has its own natural side in which no city can come close.
We flew into Vancouver from Seattle, WA and stayed at Days inn near West Pender St, which we did not like at all. Also take some time for taking pictures inside Vancouver airport. I think they are beautifying the airport for the Winter Olympics in 2010 but the totem poles and some exhibits are worth watching. Taxi ride to the airport is about 30$.
One advantage with Days Inn on West Pender is walking distance to the US embassy. One the visa day we came at 9:00 AM (Tuesday) to the consulate with DS-160 confirmation letter. We uploaded the photos during our electronic submission but better to have additional photos as we have seen many people being sent out as the picture in the application was not clear. The whole process took about 2 Hours and I was back to the hotel room by about 11:30 AM.
After the consulate visit on Tuesday we immediately shifted to Century Plaza Hotel & Spa. We got a good deal for Century Plaza and were surprised at the level of luxury we got.
I was only asked for my H1B approval document. The officer asked questions about our previous work location as he was from the same place. I was told to collect the document on Thursday as Wednesday was a holiday. We booked our tickets for Friday as we thought it would take two days to get our passport back.
The Friday journey meant we had lots of time to visit some amazing places in Vancouver, Canada. We visited Stanley park (must visit), Granville Island (very expensive-not much to do-liked the boat taxi), Canada place (beautiful spot for a great view), Robson street (nice street for shopping), Victoria Island (long travel but a worthy one), Caplilano suspension bridge (Did not find it too surprising), Bushart gardens-Victoria Island (must visit) and Parliament building-Victoria Island (must visit). Heard lot of good reviews about British Columbia history museum but missed it. Public transportation is great in Vancouver but do take enough time if you are planning for it. Also do take two days if you want to cover Victoria Island. The journey (Bus+BCFerry) itself takes half day.
Some of the places I would recommend for food are Banana leaf Malaysian restaurant, India Bistro and Sala Thai.
We were very depressed by the thought of another Visa stamping but Vancouver visit changed the entire episode. Been to Toronto and Ottawa before but nothing like Vancouver.
hair Real Madrid Wallpaper
indyanguy
06-29 07:28 PM
Thanks for the reply. Here's why it becomes more complicated. I asked my attorney about starting a new EB2 process (I have a MS from US). However, the attorney says he doesn't recommend starting a new PERM process as he strongly believes that this will affect the current EB3 I-140 application. He feels that USCIS will look at the ongoing EB3 application and deem it unnecessary to approve it (as I would have applied for a different position for EB2). Hence I might lose my PD !!
He suggests that I wait till my EB I-140 is approved. But that might take another year considering the slow NSC processing times!!
Any suggestions?
He suggests that I wait till my EB I-140 is approved. But that might take another year considering the slow NSC processing times!!
Any suggestions?
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webm
08-27 02:42 PM
What was the cause for H1B rejection??
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Keeme
06-25 02:15 PM
^^^^^^
Excellent initiative ! Let's do it !
Excellent initiative ! Let's do it !
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LostInGCProcess
11-06 02:47 PM
Guys,
I wonder if anyone has any info about this.
A friend comes here on h-1b. She works for 6 years on h1 and files for adjustment of status. She can't do 7th year due to PERM filed and approved less than a year ago. Now, her H-1B expired and she is her as AOS pending, without H1. Now, she is afraid there may be something wrong with her 485 and wants to switch back to H-1b. Can she do it? Can she do go back to H-1B status? The thing is that now her Perm and I140 are approved and she is entitled to 7th H-1B extension, but she is an "Adjustee". Please let me know if anyone was able to change from AOS to H-1B without leaving the US. Thank you for you info.
glus, Since she now has an approved I140, she is eligible for a 3 year H1 extension, provided her PD is not current. She need not be continuously be on H1 to be eligible for applying H1 for the 7th year.
Once you get the H1 paper, you would have to enter the US, so that the status changes from "Adjustee" to "admitted" i.e., H1 status...or, if the H-1B paper come with the I-94 stub, you need not travel out and get it.
I wonder if anyone has any info about this.
A friend comes here on h-1b. She works for 6 years on h1 and files for adjustment of status. She can't do 7th year due to PERM filed and approved less than a year ago. Now, her H-1B expired and she is her as AOS pending, without H1. Now, she is afraid there may be something wrong with her 485 and wants to switch back to H-1b. Can she do it? Can she do go back to H-1B status? The thing is that now her Perm and I140 are approved and she is entitled to 7th H-1B extension, but she is an "Adjustee". Please let me know if anyone was able to change from AOS to H-1B without leaving the US. Thank you for you info.
glus, Since she now has an approved I140, she is eligible for a 3 year H1 extension, provided her PD is not current. She need not be continuously be on H1 to be eligible for applying H1 for the 7th year.
Once you get the H1 paper, you would have to enter the US, so that the status changes from "Adjustee" to "admitted" i.e., H1 status...or, if the H-1B paper come with the I-94 stub, you need not travel out and get it.
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wandmaker
11-22 12:28 PM
She should enter in the US on H4, for which you will need to keep your H1 valid at least until the time of her entry.
Correction: He has to maintain the H1 even after his wife enters the USA in H4 status. If he looses H1B status by any means, his wife's H4 is invalid and she will be out of status. So, he has to maintain H1B status until his wife files AOS/485.
Correction: He has to maintain the H1 even after his wife enters the USA in H4 status. If he looses H1B status by any means, his wife's H4 is invalid and she will be out of status. So, he has to maintain H1B status until his wife files AOS/485.
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agt
05-23 08:21 PM
can you pls reveal the name of your employer?
Thanks for your Reply.
Right now I am planning to lodge a complaint to DOL against this body shopper.
The problem is that in the past no one dared to file a complaint and thats why now it becomes his habit to threat every one for lay off and sending to India and exploiting the
H1B visa holder.
Thanks for your Reply.
Right now I am planning to lodge a complaint to DOL against this body shopper.
The problem is that in the past no one dared to file a complaint and thats why now it becomes his habit to threat every one for lay off and sending to India and exploiting the
H1B visa holder.
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sangmami
06-07 05:03 PM
guys..can any1 update what happend in senate as for as the bill is concerned.I was out for sometime and when i came back i am listening to stem cell research
Thanks
Thanks
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gps001
02-23 03:04 PM
I don't want to use EAD/AP, as I want to have a backup.
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cherish37
10-24 03:03 PM
Hi sreedhar,
I am a July 2nd filer, after a long long wait, finally got my checks cleared on Oct 11, 2007, my lawyer received the I-765 and FP notices on 10/19, but not the I-485 receipt. Receipt date is 8/14, different A#s, Not able to check status online. Seems I am the lucky one got experience of all kinds of problems that July 2nd filer encountered.
Most importantly, without the physical I-485 receipt, I am not able to apply for AP... I am very worry about if the I-485 receipt was lost in mail.
I am a July 2nd filer, after a long long wait, finally got my checks cleared on Oct 11, 2007, my lawyer received the I-765 and FP notices on 10/19, but not the I-485 receipt. Receipt date is 8/14, different A#s, Not able to check status online. Seems I am the lucky one got experience of all kinds of problems that July 2nd filer encountered.
Most importantly, without the physical I-485 receipt, I am not able to apply for AP... I am very worry about if the I-485 receipt was lost in mail.
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emmNemm
12-10 06:02 PM
Wow. Leo, you are rude and over-confident. Please refrain from answering question if you do not have the right attitude.
leo2606
12-10 06:37 PM
Ok sir I am sorry.
I felt like some one asking "I don't have US visa, my H1-B petion is pending, will they allow me to enter?"
I am not rude man, it is really a silly question.
Wow. Leo, you are rude and over-confident. Please refrain from answering question if you do not have the right attitude.
I felt like some one asking "I don't have US visa, my H1-B petion is pending, will they allow me to enter?"
I am not rude man, it is really a silly question.
Wow. Leo, you are rude and over-confident. Please refrain from answering question if you do not have the right attitude.
mallu
10-22 11:14 PM
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