garybanz
03-09 11:35 AM
thanks all for suggestions
His company is filing for LCA today and will see where it takes
It's probably going to be too little too late to just file an LCA now.
I am not sure why people like your brother don't get in touch with top attorneys (Murthy/Khanna etc) and get their case back on track, depending on employers to handle such complications is very risky and not necessarily in the best interest of the employee.
His company is filing for LCA today and will see where it takes
It's probably going to be too little too late to just file an LCA now.
I am not sure why people like your brother don't get in touch with top attorneys (Murthy/Khanna etc) and get their case back on track, depending on employers to handle such complications is very risky and not necessarily in the best interest of the employee.
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vsoni
03-31 10:05 AM
This is strange � I was in the same situation you are now few months ago. I had expired visa from company A and I change to company B �six month ago I got visa stamped by Halifax Canada office. I had company visa expired less then one year. I don�t have any AP at that time, may be I am lucky.
I don�t know if any rules changed since then.
I don�t know if any rules changed since then.
bfadlia
03-15 09:26 AM
My wife and I did our medicals last July and applied for our I485. However, my wife was pregnant so the doctor decided to not do x-rays and some vaccinations and inform USCIS it should be done after the pregnancy.
Now after we had the baby, do we have to wait for an RFE to come asking us for the missing part of the medical? Or can we be proactive and go complete the medicals and send it to USCIS?
Our PD and RD are close to becoming current, so we may benefit if the second scenario is possible.
Now after we had the baby, do we have to wait for an RFE to come asking us for the missing part of the medical? Or can we be proactive and go complete the medicals and send it to USCIS?
Our PD and RD are close to becoming current, so we may benefit if the second scenario is possible.
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gconmymind
08-18 04:25 PM
If she uses her H4 Visa stamp to enter , will have to file H4 to H1 Chane of status to be able to work on H1.
She should be able to enter on H4. Then apply for COS from H4 to H1 when she is in US. This should take about 3 months.
If possible, get the H1 visa stamped while in India. She can then enter on H1.
I think there should not be any issues either way...
She should be able to enter on H4. Then apply for COS from H4 to H1 when she is in US. This should take about 3 months.
If possible, get the H1 visa stamped while in India. She can then enter on H1.
I think there should not be any issues either way...
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maccaid
06-22 04:37 PM
If she were to change her name now.. and get a new passport or ID.. it might take longer and jeopardize your ability to file for AOS. Good would be to apply for AOS in her current name now.. and once you get your AOS approved.. then she can change her last name.
to get AOS approved will take very long time right? depending whether I'll be stuck in FBI name check and the date not retrogress when they process my AOS.
I'm EB3-ROW
PD March 23, 2007
to get AOS approved will take very long time right? depending whether I'll be stuck in FBI name check and the date not retrogress when they process my AOS.
I'm EB3-ROW
PD March 23, 2007
gcformeornot
08-14 04:06 PM
"Applications already properly filed with USCIS will also be accepted."
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
Dont worry if you filed everything properly.
Thank you for pointing out.
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
Dont worry if you filed everything properly.
Thank you for pointing out.
more...
vijayfx35
03-02 06:16 PM
Hi,
I've been an infrequent visitor to this site in the past, but it has helped me substantially especially when I've been frustrated with the GC situation - I feel the need to share this, hoping that it might help others. I'm posting in this forum because this is the place people tend to ask questions of lawyers. I'll try to keep this simple so that its easy to understand.
Me: EB2 PD March 2005 for first job. I-140 approved 2006. Promoted to different tile in 2007 Jan, second EB2 filed in March 2007.
Wife: EB2 PD Feb 2007.
During the 'fiasco' of 2007, because I did not have an approved PERM for my new job title, we filed for 485's and 140s through my wife with me as the dependent (Having an AP is worth it when traveling overseas, especially if you anticipate traveling for emergencies and don't have the luxury of checking in for an appointment with the consulate to get a visa renewal - also removes the stress of another interview). Neither of us applied for EADs because we were more secure on the H1 visas - your status is immediately screwed if you switch to EAD and your 485 is denied.
In 2008, I received an RFE on my 2nd PERM application (which was addressed by my company - I have no clue what it was about). In 2009, I received an RFE on my 485 application through my wife, we replied to it through a very good lawyer.
Last year, my original LC PD became current! However, our 485s were tied to my wife's application. After speaking to many lawyers, we understood that there were the following options:-
1. Withdraw the earlier 485s, file completely new ones based on my PD (supposedly the safest from GC point of view, because it leaves no room for confusion. Downside is processing time, app getting lost, losing AP/EAD from earlier 485 etc)
2. File another completely new set of parallel 485s, and leave it to UCSIS to figure out that they needed to pick one with the earlier PD (overkill and confusing as well. UCSIS now deals with 4 485 applications, and chances that they will get confused magnify. High processing time as well)
3. Send a letter requesting that the 485 applications be reviewed based on my PD as opposed to my wife's. (Upside is that its potentially the fastest, is approved by the UCSIS, and you can track it by calling up. Downside is that they may simply don't respond because its not really a legal document that's being sent. Then you get stuck just running for Infopass, SR, Congressman etc)
I have to say that choosing the right lawyer to handle your case is possibly the most important thing you can do. What some of us don't know is that while the earlier stages of the GC process are applications made by the company, the 485 application is an individual application, and you are legally allowed to do so through any lawyer you wish to. In our case, we chose the law firm we trusted, even though it was more expensive. They recommended option 3, and we went with it. That was 4 months ago.
On Saturday (2/25) we received email saying that the card were in processing. This afternoon we got our cards in the mail - a nice surprise.
Moral of the story:-
1. Do your homework, get multiple opinions - no one will care about your GC app like you do.
2. When you move and update the AR-11, make sure you update the address for pending cases as well - this will ensure they mail your GC to the correct place.
3. Don't do anything illegal :)
4. Hire the best lawyer you can if your case is not straightforward. Our lawyer was always willing to talk to us at a few hours notice, was very prompt, and was proactive in checking up on UCSIS updates, bulletins etc.
Best wishes.
I've been an infrequent visitor to this site in the past, but it has helped me substantially especially when I've been frustrated with the GC situation - I feel the need to share this, hoping that it might help others. I'm posting in this forum because this is the place people tend to ask questions of lawyers. I'll try to keep this simple so that its easy to understand.
Me: EB2 PD March 2005 for first job. I-140 approved 2006. Promoted to different tile in 2007 Jan, second EB2 filed in March 2007.
Wife: EB2 PD Feb 2007.
During the 'fiasco' of 2007, because I did not have an approved PERM for my new job title, we filed for 485's and 140s through my wife with me as the dependent (Having an AP is worth it when traveling overseas, especially if you anticipate traveling for emergencies and don't have the luxury of checking in for an appointment with the consulate to get a visa renewal - also removes the stress of another interview). Neither of us applied for EADs because we were more secure on the H1 visas - your status is immediately screwed if you switch to EAD and your 485 is denied.
In 2008, I received an RFE on my 2nd PERM application (which was addressed by my company - I have no clue what it was about). In 2009, I received an RFE on my 485 application through my wife, we replied to it through a very good lawyer.
Last year, my original LC PD became current! However, our 485s were tied to my wife's application. After speaking to many lawyers, we understood that there were the following options:-
1. Withdraw the earlier 485s, file completely new ones based on my PD (supposedly the safest from GC point of view, because it leaves no room for confusion. Downside is processing time, app getting lost, losing AP/EAD from earlier 485 etc)
2. File another completely new set of parallel 485s, and leave it to UCSIS to figure out that they needed to pick one with the earlier PD (overkill and confusing as well. UCSIS now deals with 4 485 applications, and chances that they will get confused magnify. High processing time as well)
3. Send a letter requesting that the 485 applications be reviewed based on my PD as opposed to my wife's. (Upside is that its potentially the fastest, is approved by the UCSIS, and you can track it by calling up. Downside is that they may simply don't respond because its not really a legal document that's being sent. Then you get stuck just running for Infopass, SR, Congressman etc)
I have to say that choosing the right lawyer to handle your case is possibly the most important thing you can do. What some of us don't know is that while the earlier stages of the GC process are applications made by the company, the 485 application is an individual application, and you are legally allowed to do so through any lawyer you wish to. In our case, we chose the law firm we trusted, even though it was more expensive. They recommended option 3, and we went with it. That was 4 months ago.
On Saturday (2/25) we received email saying that the card were in processing. This afternoon we got our cards in the mail - a nice surprise.
Moral of the story:-
1. Do your homework, get multiple opinions - no one will care about your GC app like you do.
2. When you move and update the AR-11, make sure you update the address for pending cases as well - this will ensure they mail your GC to the correct place.
3. Don't do anything illegal :)
4. Hire the best lawyer you can if your case is not straightforward. Our lawyer was always willing to talk to us at a few hours notice, was very prompt, and was proactive in checking up on UCSIS updates, bulletins etc.
Best wishes.
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malaGCPahije
04-15 10:31 AM
India
Enjoy your freedom. Pray for us.
Enjoy your freedom. Pray for us.
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Ann Ruben
02-23 10:58 PM
There are basically three options in your wife's case: Do nothing, file MTR, or travel abroad to obtain visa. It is not possible to evaluate these options without knowing the basis for the denial. Knowing whether or not your wife has a pending AOS along with a valid AP is also essential for making any recommendation about how to proceed.
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anu_t
07-24 01:19 PM
If one has a copy of 140 but it has been revoked (no fraud) , when applied for porting how does USCIS finds out the cause of revoking 140? Does USCIS has some kind of data regarding that?
Like what if the labour has been substituted? How one will get this information?
Like what if the labour has been substituted? How one will get this information?
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hoosier07
07-18 02:59 PM
Hello guys,
First of all thank you very much for your answers in advance.
I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.
I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.
I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.
So, here are my questions:
Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?
I am not planning to change my job. So, would my I-140 have an expiration date?
Do you have any other suggestions? Thank you!
First of all thank you very much for your answers in advance.
I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.
I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.
I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.
So, here are my questions:
Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?
I am not planning to change my job. So, would my I-140 have an expiration date?
Do you have any other suggestions? Thank you!
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aat0995
01-15 12:03 PM
Wow! That should save me a bunch. I smell immigrationvoice is getting another donation soon :).
Now what aranya said would be wrong right? I just want to confirm as quite a few employers follow this practice. As mine is a govt. agency if it is a law I assume they will follow it. But just wanted to confirm..
Thanks!!
Now what aranya said would be wrong right? I just want to confirm as quite a few employers follow this practice. As mine is a govt. agency if it is a law I assume they will follow it. But just wanted to confirm..
Thanks!!
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adde72
07-17 06:03 PM
I agree.. The flower campaign shouldn't be taken for granted.. let it just be special.. Thank you cards adn notes will be the best..
Agreed. Its should remain in History for USCIS july VB fiasco
Agreed. Its should remain in History for USCIS july VB fiasco
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immihelp1
09-28 04:04 PM
Singhsa,
I am having FP appointmenet at Newark NJ ASC on Oct 2nd.
Can you please share your experience?
Thanks,
I am having FP appointmenet at Newark NJ ASC on Oct 2nd.
Can you please share your experience?
Thanks,
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gc_relief
04-27 03:24 PM
I have updated my profile..
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ItIsNotFunny
11-06 04:57 PM
Glad to see your initiatives. But our focus should be different.
The Economy is in very bad shape. Unemployement is rising. At this moment any bill that ask for GC number increase won't pass. We need to wait for atleast few months.
In the meantime as a temprory releif we should push the "Country quoto elimination bill" that does not increase GC numbers.
Also please take a look at my plan that I presented couple of weeks earlier. It is a compromise bill and I feel it has the best chance to pass during lameduck session. My plan gives at least some releif to people waiting for 7 years or waiting for months with PD current.
Please keep the spirit alive. Thanks.
You are right. I guess GC for House concept may fly. Guys, think over it!
The Economy is in very bad shape. Unemployement is rising. At this moment any bill that ask for GC number increase won't pass. We need to wait for atleast few months.
In the meantime as a temprory releif we should push the "Country quoto elimination bill" that does not increase GC numbers.
Also please take a look at my plan that I presented couple of weeks earlier. It is a compromise bill and I feel it has the best chance to pass during lameduck session. My plan gives at least some releif to people waiting for 7 years or waiting for months with PD current.
Please keep the spirit alive. Thanks.
You are right. I guess GC for House concept may fly. Guys, think over it!
more...
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waitingforgc
06-05 09:37 PM
I applied for my H-1 extension in mid April and my current H-1 is valid till mid August. After reading about the waiting times in the posts above I am wondering what happens if I don't get the approval until mid August. Will I be out of status ?
Thanks
Thanks
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rajeshalex
10-01 04:34 PM
We can suggest this to ombudsman. Its wastage of time and money on the applicant and the USCIS(tax payers money)
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Can2004
03-14 10:54 AM
Hi everyone,
I have a related question. I am a canadian citizen now and am still maintaining an H1b. My H1b stamp had expired in 2007 though.
I had applied for AP in january but its still pending at NSC.
Now I have to go to India for my brother's marriage.
My question to you all is-Since I am still on H1B (and If am not wrong, canadian citizens do not require H1B stamps)-- will it be ok if I travel without an AP.
Thanks
I have a related question. I am a canadian citizen now and am still maintaining an H1b. My H1b stamp had expired in 2007 though.
I had applied for AP in january but its still pending at NSC.
Now I have to go to India for my brother's marriage.
My question to you all is-Since I am still on H1B (and If am not wrong, canadian citizens do not require H1B stamps)-- will it be ok if I travel without an AP.
Thanks
gsc999
09-05 06:13 PM
Does anybody know if Egyptians also have a backlog. Does that also mean that an egyptian with a later priority date can be accepted before an Indian because of the quotas. We need a change in the immigration system. I filed my I-485 in July w no receipt yet. Does that mean I can also expect a long wait.
Kaifa Hailaikum magician7989, Anna Kulyam Arby :-) shwaya shwaya. Mafeesh Mushaikil.
As Franklin, rightly points out EB3 ROW has been retrogressed for many years and there is a high probability of that being the case for October visa bulletin.
Also, even after applying for I-485, people get stuck in FBI name check for years. Per the latest USCIS Ombudsman report and follow-up information, there are more than 200K people stuck in FBI name check alone.
So please don't take things for granted once you are able to file for I-485. Make us stronger and make your chances of securing a GC sooner by joining IV and asking lawmakers to reform the immigration system for law abiding legal immigrants. Come to the rally in DC, if you can't afford the ticket let me know. I promise to share some anecdotes about my stay in Egypt, Amr Diab music etc with you. My favorite was "Noor El Ain" Probably you would be able to fill me in with some newer hits.
Kaifa Hailaikum magician7989, Anna Kulyam Arby :-) shwaya shwaya. Mafeesh Mushaikil.
As Franklin, rightly points out EB3 ROW has been retrogressed for many years and there is a high probability of that being the case for October visa bulletin.
Also, even after applying for I-485, people get stuck in FBI name check for years. Per the latest USCIS Ombudsman report and follow-up information, there are more than 200K people stuck in FBI name check alone.
So please don't take things for granted once you are able to file for I-485. Make us stronger and make your chances of securing a GC sooner by joining IV and asking lawmakers to reform the immigration system for law abiding legal immigrants. Come to the rally in DC, if you can't afford the ticket let me know. I promise to share some anecdotes about my stay in Egypt, Amr Diab music etc with you. My favorite was "Noor El Ain" Probably you would be able to fill me in with some newer hits.
imh1b
07-29 02:35 PM
Spillover from Family to Employment will occur for FY 2010-2011. Not for September.
Family spillover for 2009-10 is approximately 10500, and is already allocated.
We wouldn't know this number until DOS publishes Immigration Statistics for 2010.
You are right. He said end of year for spillover from family. So I understood as September,
I also asked how many visas a left. He said only about 9 thousand for EB2 in total. They approved a lot this month. Next month more approvals will happen. For EB3 India he said only a couple of hundred are available till end of September.
Family spillover for 2009-10 is approximately 10500, and is already allocated.
We wouldn't know this number until DOS publishes Immigration Statistics for 2010.
You are right. He said end of year for spillover from family. So I understood as September,
I also asked how many visas a left. He said only about 9 thousand for EB2 in total. They approved a lot this month. Next month more approvals will happen. For EB3 India he said only a couple of hundred are available till end of September.
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