Raj Iyer
09-13 12:02 PM
Filing I-140 petition on your behalf signifies immigrant intent. So if you travel outside, you could potentially be denied entry.
The safer option would be wait till your I-140 gets approved, if your PD becomes current, filed I-485. If the PD is not current, seek 3yr H-1B COS under the AC 21 provisions.
The safer option would be wait till your I-140 gets approved, if your PD becomes current, filed I-485. If the PD is not current, seek 3yr H-1B COS under the AC 21 provisions.
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buddyinsd
01-29 02:25 AM
Obama's point was direct. "Others come here from abroad to study in our colleges and universities. But as soon as they obtain advanced degrees, we send them back home to compete against us. It makes no sense."
He needs to get his basics right first. What does he mean that they send them back home to compete against US? 99.99% of them apply for H1Bs in the 20K reserved for students and if that quota gets used up, they even are allowed to get into the regular pool of 65%. With minimal knowledge, Mr. Prez is making big comments...More like a joke :D
Check out some of the reactions (article as well as the comments) to the President's call for Immigration reform!
Obama makes H-1B, Green Card reform a priority - Computerworld Blogs (http://blogs.computerworld.com/17722/obama_makes_h_1b_green_card_reform_a_priority)
He needs to get his basics right first. What does he mean that they send them back home to compete against US? 99.99% of them apply for H1Bs in the 20K reserved for students and if that quota gets used up, they even are allowed to get into the regular pool of 65%. With minimal knowledge, Mr. Prez is making big comments...More like a joke :D
Check out some of the reactions (article as well as the comments) to the President's call for Immigration reform!
Obama makes H-1B, Green Card reform a priority - Computerworld Blogs (http://blogs.computerworld.com/17722/obama_makes_h_1b_green_card_reform_a_priority)
glus
12-11 05:01 PM
You are still on H1 status. Why do you want to apply for AP. Get your H1 stamped when you leave the country and you can get in on H1 status.
Vicks_don: I think you answer is not the best advise. If he asks for help with AP, try to give the person a good advise if you know it. If he goes by your advise, what happens if for some reason he does not get the H1 stamped? A person leaving US should always apply for AP when his/hers I485 is pending if he/she has no visa stamp in his/hers passport. If he goes for H1stamp, and the stamp is denied for whatever reason, he will still be able to come back to the states using the AP and continue I485 application. But if one leaves, and has no valid visa stamp and stamping is denied, one will not be able to come back to the states.
G
Vicks_don: I think you answer is not the best advise. If he asks for help with AP, try to give the person a good advise if you know it. If he goes by your advise, what happens if for some reason he does not get the H1 stamped? A person leaving US should always apply for AP when his/hers I485 is pending if he/she has no visa stamp in his/hers passport. If he goes for H1stamp, and the stamp is denied for whatever reason, he will still be able to come back to the states using the AP and continue I485 application. But if one leaves, and has no valid visa stamp and stamping is denied, one will not be able to come back to the states.
G
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deecha
08-06 11:22 AM
Hello everyone,new to the forum
Anyway,filed i-485 in 1997 and was interview 1999 and stamp in passport adjustment status pending,b;cos of past immigration issues.Then i did recieve letter that my family petition was accepted then two weeks recieved another letter stated my application was denial due to my past issues so i had to leave the country and reapply. My lawyer said she had to file a motion,did charge alot of money.Did not hear anything till i went there to check my status and the officer told me i was in the process of deportation,so she gave me the date.So i went to my lawyer to check if she knew anything and she said your case is pending,so i ask her if she can call and check whereby she did and find out i was in the processes of deportation,now she told she need more money and if i do not pay that amount she can not go the court with me,so i did offer some amount and she refuse.
So i went to the immigration court and i did win the case,and now she find out that i did win the case so trying to be my attorney.
I do need to file for Ead because my old one was revorke,do i have to file for another i-485 or not?Another thing my lawyer had my file how do i track my old receipt number.Can someone please help me, i do have the original judgement from the immigration court
Get a new competent lawyer ! If you were in deportation proceedings and you won the case, then the IJ should have granted you the adjustment of status right then and there.
Anyway,filed i-485 in 1997 and was interview 1999 and stamp in passport adjustment status pending,b;cos of past immigration issues.Then i did recieve letter that my family petition was accepted then two weeks recieved another letter stated my application was denial due to my past issues so i had to leave the country and reapply. My lawyer said she had to file a motion,did charge alot of money.Did not hear anything till i went there to check my status and the officer told me i was in the process of deportation,so she gave me the date.So i went to my lawyer to check if she knew anything and she said your case is pending,so i ask her if she can call and check whereby she did and find out i was in the processes of deportation,now she told she need more money and if i do not pay that amount she can not go the court with me,so i did offer some amount and she refuse.
So i went to the immigration court and i did win the case,and now she find out that i did win the case so trying to be my attorney.
I do need to file for Ead because my old one was revorke,do i have to file for another i-485 or not?Another thing my lawyer had my file how do i track my old receipt number.Can someone please help me, i do have the original judgement from the immigration court
Get a new competent lawyer ! If you were in deportation proceedings and you won the case, then the IJ should have granted you the adjustment of status right then and there.
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cygent
12-08 07:31 PM
Thank you very much.
You are very welcome Pappu. Now let us put it to much good use!! C'mon everybody lets do this!! It is time to turn things around this holiday season.
You are very welcome Pappu. Now let us put it to much good use!! C'mon everybody lets do this!! It is time to turn things around this holiday season.
CADude
07-02 03:05 PM
People can married because date are current. :D INDEED AMERICA IS GOOD PLACE. :p
USCIS and DOS played ping pong on us.
USCIS played June Fool.
We are panned.
I told my wife that I will get her EAD in 3 months. Now what I should I say. I am insulted embarassed.
I planned to leave my company in 6 months. Now again I am struck.
I decided to marry a girl just because the dates are current. Now I am struck.
Oh USCIS(GOD)!!, Why did you do this me?
USCIS and DOS played ping pong on us.
USCIS played June Fool.
We are panned.
I told my wife that I will get her EAD in 3 months. Now what I should I say. I am insulted embarassed.
I planned to leave my company in 6 months. Now again I am struck.
I decided to marry a girl just because the dates are current. Now I am struck.
Oh USCIS(GOD)!!, Why did you do this me?
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gjoe
10-03 03:44 PM
I want that one strong message to be "Abolish modern form of Slavery" . This is possible and much easier than trying to tell people that we are legal and the bigger group is illegal.
The bottom line is slavery of both legal and illegals here, we should work to have this abolished in all forms.
The bottom line is slavery of both legal and illegals here, we should work to have this abolished in all forms.
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shadowbuddy
03-15 02:14 AM
Hi All,
I need your help and suggestions. In November of last year my wife and I submitted our medicals and AOS applications. Our checks were never cashed. I informed my lawyer after a month of not seeing the checks cash and raised the question then. They replied that there is a lot of mail going through that room and just wait a bit more. Another month went by, nothing. Then another.
Here it is March 2009 and my lawyer finally contacts USCIS to find out that they cannot find my original application. (no receipt notice was issued) During the entire last year and right up until March my Prioirty Date was always current. Now there is SEVERE retrogression and my PD date is now not current.
We have to refile. I re-wrote the checks and we are submitting the package again.
How can we demand that our application be accepted based on the original filing date of November when we were current?
would the dated medicals prove that we submitted in November. Who would get their paperwork done then sit on it for months right?!?!?!
How do we challenge USCIS based on their error. My lawyer said they have a delivery confirmation for the original application however I have not seen that.
thanks!
I need your help and suggestions. In November of last year my wife and I submitted our medicals and AOS applications. Our checks were never cashed. I informed my lawyer after a month of not seeing the checks cash and raised the question then. They replied that there is a lot of mail going through that room and just wait a bit more. Another month went by, nothing. Then another.
Here it is March 2009 and my lawyer finally contacts USCIS to find out that they cannot find my original application. (no receipt notice was issued) During the entire last year and right up until March my Prioirty Date was always current. Now there is SEVERE retrogression and my PD date is now not current.
We have to refile. I re-wrote the checks and we are submitting the package again.
How can we demand that our application be accepted based on the original filing date of November when we were current?
would the dated medicals prove that we submitted in November. Who would get their paperwork done then sit on it for months right?!?!?!
How do we challenge USCIS based on their error. My lawyer said they have a delivery confirmation for the original application however I have not seen that.
thanks!
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gcpool
03-12 06:29 AM
The above is right. But make sure its applied all over the application. If not the application will be returned to you. Use the above argument in the front and then attach both the I-140s and then mark on the I-140 which is original one and which ones priority date is being used.
Do this for every applicant. Get it done via an attorney who has done this before. Most of them dont even have a clue how to do it.
It can be done at I-485 stage.
Thank you all for your response. As per him ( my attorney) - you apply for I-485 with the new I-140. Provide reference to earlier PD as reason for your application. He provided the following text from the USCIS's I-140/I-485 adjudication document.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification
ANYBODY HAS A DOCUMENT COUNTERING IT ( STATING IT CAN NOT BE DONE AT I-485 OR IT MUST BE DONE AT I-140). PLEASE PROVIDE LINKS OR REFERENCES. SORRY FOR THE URGENCY.
Do this for every applicant. Get it done via an attorney who has done this before. Most of them dont even have a clue how to do it.
It can be done at I-485 stage.
Thank you all for your response. As per him ( my attorney) - you apply for I-485 with the new I-140. Provide reference to earlier PD as reason for your application. He provided the following text from the USCIS's I-140/I-485 adjudication document.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification
ANYBODY HAS A DOCUMENT COUNTERING IT ( STATING IT CAN NOT BE DONE AT I-485 OR IT MUST BE DONE AT I-140). PLEASE PROVIDE LINKS OR REFERENCES. SORRY FOR THE URGENCY.
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bestia
07-16 10:52 PM
I believe USCIS has a confidentiality agreement with their employees and you donot want him to lose his job.
-C.
He will not lose his job. He will be criminally prosecuted.
-C.
He will not lose his job. He will be criminally prosecuted.
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BECsufferer
10-09 03:04 PM
Mate;
Last year in March end I had an opportunity to go for business trip to Frankfurt, it was technical conference of my company. Just 5 days before the due date, my H1 was to expire. Thanks to this moron in my HR, the whole H1 renenwal was delayed to just 2 weeks before expiry. We paid extra to expedite the H1 renewal, fixed Visa stamping/interview apointment at Ottawa, ON same week as we applied for visa renewal. In-fact I had apointments paid for two consecutive days(friday and monday), just in-case the documents do not arrive on time. And they didn't ( aka Murphy Law) till saturday. So headed out on Sunday to Ottawa from MI. arrived Monday morning, got the visa extended next day. Arrived back in office on Wednesday morning, sent all the documents to Chicago consulate office, with same day delivery. Anxiously awaited to hear-back till Tursday afternoon. Started frantically calling consulate office on Friday Morning. Believe it or not someone did returnback my repeated calls and complained about why I was calling everyone in office and in future try to send application atleast 1-2 weeks before travel. My flight was booked for Saturday 3:00 pm in afternoon and believe it or not I collected my passport with visa at noon!!!:rolleyes:
P.S: Trip was great and in-fact also got chance to visit Paris!!!:cool:
Last year in March end I had an opportunity to go for business trip to Frankfurt, it was technical conference of my company. Just 5 days before the due date, my H1 was to expire. Thanks to this moron in my HR, the whole H1 renenwal was delayed to just 2 weeks before expiry. We paid extra to expedite the H1 renewal, fixed Visa stamping/interview apointment at Ottawa, ON same week as we applied for visa renewal. In-fact I had apointments paid for two consecutive days(friday and monday), just in-case the documents do not arrive on time. And they didn't ( aka Murphy Law) till saturday. So headed out on Sunday to Ottawa from MI. arrived Monday morning, got the visa extended next day. Arrived back in office on Wednesday morning, sent all the documents to Chicago consulate office, with same day delivery. Anxiously awaited to hear-back till Tursday afternoon. Started frantically calling consulate office on Friday Morning. Believe it or not someone did returnback my repeated calls and complained about why I was calling everyone in office and in future try to send application atleast 1-2 weeks before travel. My flight was booked for Saturday 3:00 pm in afternoon and believe it or not I collected my passport with visa at noon!!!:rolleyes:
P.S: Trip was great and in-fact also got chance to visit Paris!!!:cool:
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GetGC08
05-11 09:14 AM
You were out of status in those 5 months. It does not matter at LC and I-140 stages only at I-485. However upto 180 days of out of status is forgiven when you file your 485, so you should be ok. THis is IN CASE you get an RFE for this. There is a good chance USCIS might even overlook this. Also if you left the US and returned any time after tha tou tof status, your slate is wiped clean (they are only supposed to check your status since your last entry into the US). So either way you should be ok... dont worry about it.
Hi,
Thanks a lot for your reply. I really appreciate it.
Well as you said if I went to India after those 5 months(when I was on bench) than that period of 5 months when I was on bench will be wiped out(it will be gone,clean). It means that USCIS will check my status after my last entry in to US!!
OR they may check everything when ever I was in US including when I was on bench(including my first entry into US to till date i.e. From Feb 2005 - Till date)????
I went to India in Nov 2006 & came back, so in that case my old records would be clean. B'cos I was on bench for 5 months in 2005.
Correct me if I am wrong on this.
Also as you said this will come in case of I-485 & USCIS might overlook this & may send RFE!! Any idea how to respond that kind of RFE??
I will really appreciate your response.
Thanks.
Hi,
Thanks a lot for your reply. I really appreciate it.
Well as you said if I went to India after those 5 months(when I was on bench) than that period of 5 months when I was on bench will be wiped out(it will be gone,clean). It means that USCIS will check my status after my last entry in to US!!
OR they may check everything when ever I was in US including when I was on bench(including my first entry into US to till date i.e. From Feb 2005 - Till date)????
I went to India in Nov 2006 & came back, so in that case my old records would be clean. B'cos I was on bench for 5 months in 2005.
Correct me if I am wrong on this.
Also as you said this will come in case of I-485 & USCIS might overlook this & may send RFE!! Any idea how to respond that kind of RFE??
I will really appreciate your response.
Thanks.
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sunshine2007
08-27 04:57 PM
Sad to see this friend. I dont think it affects principal candidate's processing but dependant's processing may be in trouble.
thanks for you understanding....i don't want her processing to be closed. if we're divorces can her processing still be on?
thanks for you understanding....i don't want her processing to be closed. if we're divorces can her processing still be on?
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matreen
10-07 03:59 PM
i am going to do almost exactly what you are thinking in a matter of few days. i spoke to two lawyers. essentially, ac21 allows this and there is nothing that you have to really do. Of course, i am assuming that you are moving into a job that has the similar job duties as specified in your labor application. what you need to do is make 100% sure that you have documentation to prove this job duties similarity. if you are going to get an SOW from your client, make sure that the SOW is similar to your labor. if you can, do get a letter from your client (where you will do your actual work) stating your job responsibilities, work content etc. you will also need to document/prove actual existence of your business by showing your tax transactions, invoices/receipts etc. also, make sure that you are spending 40 hours (or whatever is the equivalent of a full time job) doing your labor certified job... all this will be required only if USCIS sends you an RFE or calls you for an interview.
wish you luck
Don't you think if you're changing jobs and new job has to be fulltime with new employer? not contract?
Can we invoke AC21 on temp contracting job?
As you said if you go with contracing job where you will be running your payroll? Is it on your new owned company on your name? Or it has to be someone else name like spouse or friend?
Thanks,
Matt
wish you luck
Don't you think if you're changing jobs and new job has to be fulltime with new employer? not contract?
Can we invoke AC21 on temp contracting job?
As you said if you go with contracing job where you will be running your payroll? Is it on your new owned company on your name? Or it has to be someone else name like spouse or friend?
Thanks,
Matt
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kshitijnt
12-02 06:07 PM
I am in US right now on H1B status, I've my wife on H4 status, I'll be leaving to renew my H1B again, but I heard that some people get their case under review for months, so I am planning to re-enter to US using my AP in case this happened to me.
My question now:
Would re-entering to US using my AP void my wife's H4 status? Knowing the fact that I'll be working with my H1B status and I am not planning to use my EAD
If you can provide me with some links on USCIS supporting this, it would be great
Yes in that case your wife will be in AOS status. As long has she has a pending 485, this should not matter. Her status is always tied to your status.
My question now:
Would re-entering to US using my AP void my wife's H4 status? Knowing the fact that I'll be working with my H1B status and I am not planning to use my EAD
If you can provide me with some links on USCIS supporting this, it would be great
Yes in that case your wife will be in AOS status. As long has she has a pending 485, this should not matter. Her status is always tied to your status.
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life99f
05-25 09:33 AM
At least, the article shows the TWO side's stories from the people who against us and the people who favor us.
And more important is finally someone is focusing on EB problem.
Did you think it was for us then?
And more important is finally someone is focusing on EB problem.
Did you think it was for us then?
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kshitijnt
12-02 06:07 PM
I am in US right now on H1B status, I've my wife on H4 status, I'll be leaving to renew my H1B again, but I heard that some people get their case under review for months, so I am planning to re-enter to US using my AP in case this happened to me.
My question now:
Would re-entering to US using my AP void my wife's H4 status? Knowing the fact that I'll be working with my H1B status and I am not planning to use my EAD
If you can provide me with some links on USCIS supporting this, it would be great
Yes in that case your wife will be in AOS status. As long has she has a pending 485, this should not matter. Her status is always tied to your status.
My question now:
Would re-entering to US using my AP void my wife's H4 status? Knowing the fact that I'll be working with my H1B status and I am not planning to use my EAD
If you can provide me with some links on USCIS supporting this, it would be great
Yes in that case your wife will be in AOS status. As long has she has a pending 485, this should not matter. Her status is always tied to your status.
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SGP
09-28 09:28 AM
You have to file PERM again also I140
Sailing in exact same boat. Surely will appreciate replies from Raj.
^
Sailing in exact same boat. Surely will appreciate replies from Raj.
^
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ashima
09-12 08:44 PM
i had tb 5 years ago,and i am perfectly ok but in x-ray still has scars.what should i do?i have a lots of tention ?becoz in gc medical exam is compulsory .even though i am perfectly ok now still have scars.plz suggest me what should i do?
akmypoints
10-29 02:15 PM
Adding to the scenario above, what if the old company (which got I-140 approval) agress to continue the GC process? In that case, can't we apply for H1 extension with Company B using approved I-140 with Company A? After all, GC is a future employment application
chanduv23
03-20 03:43 PM
How many of you support this idea ?
Rally in DC in the morning and Fasting till 5PM in front of the capitol.
Why are we talking about rally all of a sudden?
Rally in DC in the morning and Fasting till 5PM in front of the capitol.
Why are we talking about rally all of a sudden?
