willgetgc2005
03-22 07:38 PM
We have prepared a new document for public release analyzing this problem.
You can find it here (http://www.immigrationvoice.org/index.php?option=com_content&task=view&id=70&Itemid=36) and at least for now directly on our home page.
It appears that the community of affected parties does not realize this yet -- please circulate this memo widely -- send it to your own lawyer too.
sent to my attorney. Hope they understand it :--))
You can find it here (http://www.immigrationvoice.org/index.php?option=com_content&task=view&id=70&Itemid=36) and at least for now directly on our home page.
It appears that the community of affected parties does not realize this yet -- please circulate this memo widely -- send it to your own lawyer too.
sent to my attorney. Hope they understand it :--))
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GCwaitforever
07-12 07:29 AM
Part of the problem is the employers do not have a long term plan for their companies. They are always on look out for a fast buck. If employee satisfaction and client satisfaction are more, the company has better chance of growing. Typically when the client is satisfied, the company gets more projects and this way the set-up costs like relocation, travel expenses come down. Companies can not break the law just because they are not able to make a profit.
saint_2010
09-10 06:43 AM
yes...really what might have happened that day?..
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sanjay
02-23 10:21 PM
I need an info from some one who had filed AC21 with an attorney. I want to apply my AC21 and asked my attorney to do so. But he is asking for $1500.00. Is this amount normal or I was asked for an abnormal amount. I thought its just informing USCIS by sending a letter only. But, is he charging me $1500 just to draft a letter?
I am looking for a constructive answer instead of vague assumptions / replies. It's an urgent issue for me to deal with.
I am looking for a constructive answer instead of vague assumptions / replies. It's an urgent issue for me to deal with.
more...
ssterian01
07-07 04:38 PM
Quickly, this is what I know so far. If you bring your wife here on H4 and then decide to work on EAD you will have to change her to F1 before you stop your H1B.
This is because she will have to be in status to aply for change of status (H4 to F1). Howeve she will be stuck in US after she will be on F1, because no US Emabassy will not stamp her F1 visa in India or elsewhere is you are in US and have applied for GC
So, no problme if she comes on H4, then switches to F1 (while you are still on H1B) and stays on F1 until your dates get current and you add her on your app. After she gets F1 from H4 though, she has to stay in the US
This is because she will have to be in status to aply for change of status (H4 to F1). Howeve she will be stuck in US after she will be on F1, because no US Emabassy will not stamp her F1 visa in India or elsewhere is you are in US and have applied for GC
So, no problme if she comes on H4, then switches to F1 (while you are still on H1B) and stays on F1 until your dates get current and you add her on your app. After she gets F1 from H4 though, she has to stay in the US
vaishnavilakshmi
06-22 08:50 PM
Hi friends,
thanq so much for the suggestions.Now i have decided not to change my last name until i get my greencard in my hand.Hope everything goes fine .
vaishu
thanq so much for the suggestions.Now i have decided not to change my last name until i get my greencard in my hand.Hope everything goes fine .
vaishu
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GC4US
08-29 12:10 PM
When were your applications filed? If it was before July 30, your I-485 could be filed at either Nebraska or Texas.
Thank you nefrateedi,
My concurrent filing of I-140 and 485 was filed on August 17th, 2007.
Is it not after July 30?...that you could submit to either to Nebraska or Texas?
Is it ok like this?
Thank you again.
Thank you nefrateedi,
My concurrent filing of I-140 and 485 was filed on August 17th, 2007.
Is it not after July 30?...that you could submit to either to Nebraska or Texas?
Is it ok like this?
Thank you again.
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redcard
08-17 02:36 PM
Hi Everyone,
I'm trying to get my SSN Done. I'm on a dependent H4 Visa and have my H1 approval .
I visited the SSN office with My I797, State ID and Passport : SSN officer straightforwardly rejected as I dont have my EAD card.
The Officer asked me to visit USCIS office to apply for EAD.
Please help me with this situation..Does a H1 get an EAD and then a SSN?
Thanks N Regards,
Sushie
Sushie
You can either be on H4 or H1.If you are on H4 you will not get an SSN No. Dependents are not eligible for SSN. You can get a denial letter from SSN office which will help you to get a Drivers License.
In case you entered the country on h4 and have now changed to H1, you would have received the approval notice with a new I-94 card printed on it at the bottom of the notice. Show that approval notice to SSN office and explain that you have changed your status to H1-B while in US. That should get you an SSN. On the other hand if your approval notice does not have the I-94 printed at the bottom of the notice, that means you have an H1-B approval but need to go out of US to get your H1 visa stamped. Until you do that your status is H4. So please check your approval notice,
I'm trying to get my SSN Done. I'm on a dependent H4 Visa and have my H1 approval .
I visited the SSN office with My I797, State ID and Passport : SSN officer straightforwardly rejected as I dont have my EAD card.
The Officer asked me to visit USCIS office to apply for EAD.
Please help me with this situation..Does a H1 get an EAD and then a SSN?
Thanks N Regards,
Sushie
Sushie
You can either be on H4 or H1.If you are on H4 you will not get an SSN No. Dependents are not eligible for SSN. You can get a denial letter from SSN office which will help you to get a Drivers License.
In case you entered the country on h4 and have now changed to H1, you would have received the approval notice with a new I-94 card printed on it at the bottom of the notice. Show that approval notice to SSN office and explain that you have changed your status to H1-B while in US. That should get you an SSN. On the other hand if your approval notice does not have the I-94 printed at the bottom of the notice, that means you have an H1-B approval but need to go out of US to get your H1 visa stamped. Until you do that your status is H4. So please check your approval notice,
more...
roseball
07-11 12:52 PM
Hello friends,
My prority will be current in Aug, next month. I filed I485 last july and my I140 is also approved long back in 2006. After filing I485 i do not see any LUD or anything on my case.
What will be the chances to get my I485 approve ? Do i need to followup / take appointment ( Infopass) etc ?
Appriciate your thoughts...
Well, one of my colleagues with EB-2 India PD of Nov 2003 took an InfoPass appointment as soon as the bulletin came out with his PD being current. IO told him that he is all set and should get his I-485 approved as soon as his application is picked for processing as per the processing dates....He did not see any LUDs...He applied his 485 in Jun 2007...He got the welcome email in the first week of the month when his PD was current...
So I am not sure if his InfoPass appointment triggered anything or his application was picked randomly..Whatever it is, its worth taking an InfoPass because it is the only thing in your control...Good luck..
My prority will be current in Aug, next month. I filed I485 last july and my I140 is also approved long back in 2006. After filing I485 i do not see any LUD or anything on my case.
What will be the chances to get my I485 approve ? Do i need to followup / take appointment ( Infopass) etc ?
Appriciate your thoughts...
Well, one of my colleagues with EB-2 India PD of Nov 2003 took an InfoPass appointment as soon as the bulletin came out with his PD being current. IO told him that he is all set and should get his I-485 approved as soon as his application is picked for processing as per the processing dates....He did not see any LUDs...He applied his 485 in Jun 2007...He got the welcome email in the first week of the month when his PD was current...
So I am not sure if his InfoPass appointment triggered anything or his application was picked randomly..Whatever it is, its worth taking an InfoPass because it is the only thing in your control...Good luck..
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chanduv23
12-18 10:01 AM
Prashanthi Reddy will be on IV chat tonight at 9.30 PM EST
more...
sanjeev_2004
08-13 10:41 PM
LUD mean every one whose LUD happend today will get Reciept next week or it means batch mass update.
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Legal_In_A_Limbo
04-27 09:22 PM
same happened with me, already posted on couple of other threads.
Hi,
My H1 which was approved back in 2006 has been re-opened today...This is the status I see on USCIS web-site
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on April 26, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.
I have used AC-21 and been working with new employer on EAD since April, 2008. I talked to my old employer and they said they have sent a request to withdraw my H-1B and all other immigration applications. So, I am assuming that they have also withdrawn 140. He also said when someone leaves the company its a normal process to withdraw all the immigration related documents.
Can you please tell me, what will happen to my cases. If someone has gone through the same, if they can share their experiece that will be really appreciated.
Hi,
My H1 which was approved back in 2006 has been re-opened today...This is the status I see on USCIS web-site
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on April 26, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.
I have used AC-21 and been working with new employer on EAD since April, 2008. I talked to my old employer and they said they have sent a request to withdraw my H-1B and all other immigration applications. So, I am assuming that they have also withdrawn 140. He also said when someone leaves the company its a normal process to withdraw all the immigration related documents.
Can you please tell me, what will happen to my cases. If someone has gone through the same, if they can share their experiece that will be really appreciated.
more...
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vinzak
10-14 12:21 PM
Most likely her uncle sponsored his sibling and she was a dependant under 21 of that sibling (ie. one of her parent's) while applying.
Once she has a GC it doesn't matter how she got it. The same rule applies, unless she got it through marriage, which doesn't seem to be the case here.
To apply for citizenship she not only has to maintain residency but be present in the US for a majority of Five continous years. To maintain residency she only has enter the US once every year.
Is she normally resident in the US or outside the US?
Once she has a GC it doesn't matter how she got it. The same rule applies, unless she got it through marriage, which doesn't seem to be the case here.
To apply for citizenship she not only has to maintain residency but be present in the US for a majority of Five continous years. To maintain residency she only has enter the US once every year.
Is she normally resident in the US or outside the US?
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gc_maine2
07-03 03:21 PM
see answers in Red
Hello all,
I need clarifications on how to answer certain questions in the I-134 form. Can someone here please help?
__________________________________________________ _______________
2. I am __ years of age and have resided in the United States since (date) ______
Do I enter the date I first landed in the US, or the most recent landing?Yes date of first time entry into US
__________________________________________________ _______________
3. Name of spouse and children accompanying or following to join person:
I am sponsoring my mother and father. Do I name them here? Or should I have separate I-134 forms for each parent and leave "Name of spouse" above blank?You need 2 i-134 forms, for your father write your mother name, & for your mother's 134 write your father name
__________________________________________________ _______________
7. I am employed as or engaged in the business of _______ with _______
Should I enter my company's business type in the first blank and name of the company in the second blank?Your title"programmer" with .. Company Name______________________________________________ ___________________
8. The following persons are dependent on me for support:
My wife and I file our tax as married/joint, and we do not claim each other as dependents. Should I leave the above item blank? Do I leave this blank?
__________________________________________________ _______________
9. I have previously submitted affidavit(s) of support for the following person(s). If none, state none.
I had sponsored my wife's H4 when she came to the US 2 years ago. I'm not sure if I did I-134. Do generally people file this during H4 sponsorship?I don't think you need to write your wife name, this is generally of you have sponsored visitor visa for your brother sister., in-laws.. ect.. if you have not sponsored anyone don't write anything
__________________________________________________ _______________
10. I have submitted a visa petition(s) to U.S. Citizenship and Immigration Services (USCIS) on behalf of the......Date Submitted?
I had of course sponsored my wife's H4. For date submitted, what date should I use? "None" , but check with others
__________________________________________________ _______________
11. I xIntend xdo not intend to make specific contributions to the support of the person(s) named in item 3
What should I enter here?
Check Intent to & wirite that all expenses incl. but not limited to ticket, accomdation, medical & . if you want exact text PM me
__________________________________________________ _______________
Thanks in advance!
Hello all,
I need clarifications on how to answer certain questions in the I-134 form. Can someone here please help?
__________________________________________________ _______________
2. I am __ years of age and have resided in the United States since (date) ______
Do I enter the date I first landed in the US, or the most recent landing?Yes date of first time entry into US
__________________________________________________ _______________
3. Name of spouse and children accompanying or following to join person:
I am sponsoring my mother and father. Do I name them here? Or should I have separate I-134 forms for each parent and leave "Name of spouse" above blank?You need 2 i-134 forms, for your father write your mother name, & for your mother's 134 write your father name
__________________________________________________ _______________
7. I am employed as or engaged in the business of _______ with _______
Should I enter my company's business type in the first blank and name of the company in the second blank?Your title"programmer" with .. Company Name______________________________________________ ___________________
8. The following persons are dependent on me for support:
My wife and I file our tax as married/joint, and we do not claim each other as dependents. Should I leave the above item blank? Do I leave this blank?
__________________________________________________ _______________
9. I have previously submitted affidavit(s) of support for the following person(s). If none, state none.
I had sponsored my wife's H4 when she came to the US 2 years ago. I'm not sure if I did I-134. Do generally people file this during H4 sponsorship?I don't think you need to write your wife name, this is generally of you have sponsored visitor visa for your brother sister., in-laws.. ect.. if you have not sponsored anyone don't write anything
__________________________________________________ _______________
10. I have submitted a visa petition(s) to U.S. Citizenship and Immigration Services (USCIS) on behalf of the......Date Submitted?
I had of course sponsored my wife's H4. For date submitted, what date should I use? "None" , but check with others
__________________________________________________ _______________
11. I xIntend xdo not intend to make specific contributions to the support of the person(s) named in item 3
What should I enter here?
Check Intent to & wirite that all expenses incl. but not limited to ticket, accomdation, medical & . if you want exact text PM me
__________________________________________________ _______________
Thanks in advance!
more...
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sdeshpan
07-22 02:53 PM
If the I-140 has been approved, you are entitled to use the PD on any subsequent I-140 unless it is revoked based on fraud or misrepresentation.
Hello Ann - Is that the case even if the new job has a slightly different job profile than the first one that you have an approved I-140 for? Is there anything specific to keep in mind in terms of same/similar job classification?
Thanks!
Hello Ann - Is that the case even if the new job has a slightly different job profile than the first one that you have an approved I-140 for? Is there anything specific to keep in mind in terms of same/similar job classification?
Thanks!
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Dakshini R. Sen
06-25 10:33 AM
Yes, until her I-485 application is approved she can apply for the EAD as well as the AP. Provided you have received the permanent residency card, you do not have to do anything. AC21 filing is irrelevant in your case.
Dakshini R. Sen, P.C.
Law Offices of Dakshini R. Sen P.C. , Immigration Lawyer US. (http://www.dakshinisen.com)
212-242-1677
713-278-1677
Dakshini R. Sen, P.C.
Law Offices of Dakshini R. Sen P.C. , Immigration Lawyer US. (http://www.dakshinisen.com)
212-242-1677
713-278-1677
more...
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ItIsNotFunny
09-22 03:06 PM
Please post how many people you called!
Trent Franks (R-Ariz.)202- 225-4576
Steve King (R-Iowa)202- 225-4426 (NOT IN FAVOR)
Mike Pence (R-Ind.) 202-225-3021
Louie Gohmert (R-Texas) 202-225-3035
Lamar S. Smith (R-Texas), Ranking Member 202- 225-4236 (NOT IN FAVOR)
Steve Chabot (R-Ohio) 202-225-2216
Chris Cannon (R-Utah)202- 225-7751
Jim Jordan (R-Ohio) 202-225-2676
Bob Goodlatte (R-Va.)202- 225-5431
J. Randy Forbes (R-Va.)202- 225-6365
Tom Feeney (R-Fla.) 202-225-2706 (NOT IN FAVOR)
Ric Keller (R-Fla.)202- 225-2176
Elton Gallegly (R-Calif.)202- 225-5811
Darrell Issa (R-Calif.)202- 225-3906 (NOT IN FAVOR)
Dan Lungren (R-Calif.)202- 225-5716
Brad Sherman (D-Calif.) 202-225-5911
Adam B. Schiff (D-Calif.)202- 225-4176
Rick Boucher (D-Va.) 202-225-3861
Robert C. Scott (D-Va.) (202) 225-8351
Betty Sutton (D-Ohio) 202-225-3401
Howard Coble (R-N.C.) 202-225-3065
Steve Cohen (D-Tenn.)202- 225-3265
John Conyers (D-Mich.), Chairman 202-225-5126
William D. Delahunt (D-Mass.)202- 225-3111
Keith Ellison (D-Minn.) 202-225-4755
Luis Gutierrez (D-Ill.)202- 225-8203
Howard L. Berman (D-Calif.) 202-225-4695
Trent Franks (R-Ariz.)202- 225-4576
Steve King (R-Iowa)202- 225-4426 (NOT IN FAVOR)
Mike Pence (R-Ind.) 202-225-3021
Louie Gohmert (R-Texas) 202-225-3035
Lamar S. Smith (R-Texas), Ranking Member 202- 225-4236 (NOT IN FAVOR)
Steve Chabot (R-Ohio) 202-225-2216
Chris Cannon (R-Utah)202- 225-7751
Jim Jordan (R-Ohio) 202-225-2676
Bob Goodlatte (R-Va.)202- 225-5431
J. Randy Forbes (R-Va.)202- 225-6365
Tom Feeney (R-Fla.) 202-225-2706 (NOT IN FAVOR)
Ric Keller (R-Fla.)202- 225-2176
Elton Gallegly (R-Calif.)202- 225-5811
Darrell Issa (R-Calif.)202- 225-3906 (NOT IN FAVOR)
Dan Lungren (R-Calif.)202- 225-5716
Brad Sherman (D-Calif.) 202-225-5911
Adam B. Schiff (D-Calif.)202- 225-4176
Rick Boucher (D-Va.) 202-225-3861
Robert C. Scott (D-Va.) (202) 225-8351
Betty Sutton (D-Ohio) 202-225-3401
Howard Coble (R-N.C.) 202-225-3065
Steve Cohen (D-Tenn.)202- 225-3265
John Conyers (D-Mich.), Chairman 202-225-5126
William D. Delahunt (D-Mass.)202- 225-3111
Keith Ellison (D-Minn.) 202-225-4755
Luis Gutierrez (D-Ill.)202- 225-8203
Howard L. Berman (D-Calif.) 202-225-4695
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uslegals
11-04 03:15 PM
radhay - i have sent you a PM. I would appreciate it if you can please respond.
Thank you!
Thank you!
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gcgreen
07-22 02:31 AM
Quoting the AC21 memo:
"Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
"Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
hemamani
06-25 06:03 PM
Hi...
I called Ciudad Juarez, Mexico - -800-919-1754 (with a cost of US$7.00 per call payable by Visa or MasterCard) and checked up with the customer service with my petition number whether he could see my petition details in his system. He told me that he could see my petition details in the system. And, I asked him whether that information is from PIMS? But, he told me that he is not sure what system is that but he could see my petition information.
Does anyone have thoughts on this ... ie., MY Petition information is available in PIMS right now? If so, when will I get the passports stamped?
Thanks!
I called Ciudad Juarez, Mexico - -800-919-1754 (with a cost of US$7.00 per call payable by Visa or MasterCard) and checked up with the customer service with my petition number whether he could see my petition details in his system. He told me that he could see my petition details in the system. And, I asked him whether that information is from PIMS? But, he told me that he is not sure what system is that but he could see my petition information.
Does anyone have thoughts on this ... ie., MY Petition information is available in PIMS right now? If so, when will I get the passports stamped?
Thanks!
ArkBird
12-08 03:40 PM
How? We are not citizens.
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