pointlesswait
05-03 02:25 PM
> eligibility to file 140 will be a great help.
is that just a "blog for thought" or does it represent a possobility????
any idea?
is that just a "blog for thought" or does it represent a possobility????
any idea?
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sanbaj
07-25 04:22 PM
GC_Wait2002,
I see your situation. I have recently got my I140 Interfiling approved. My case was simple EB2 to EB2 with the same company. As your EB2 I140 is approved now, but EB3 I140 is still pending. therefore, I am not sure you can Interfile. Logically, you should be able to as in Interfiling one is just requesting to conider another approved I140 and that is exactly what you will do. Check with your lawyer or the lawyer thread on IV. I wrote the text of the document which my lawyer filed at: http://immigrationvoice.org/forum/showthread.php?p=233421#poststop. You or your lawyer can use that to draft your letter.
Please consult a Interfile cases experienced Lawyer to make sure that the right thing is done at the right time.
Best of Luck.
I see your situation. I have recently got my I140 Interfiling approved. My case was simple EB2 to EB2 with the same company. As your EB2 I140 is approved now, but EB3 I140 is still pending. therefore, I am not sure you can Interfile. Logically, you should be able to as in Interfiling one is just requesting to conider another approved I140 and that is exactly what you will do. Check with your lawyer or the lawyer thread on IV. I wrote the text of the document which my lawyer filed at: http://immigrationvoice.org/forum/showthread.php?p=233421#poststop. You or your lawyer can use that to draft your letter.
Please consult a Interfile cases experienced Lawyer to make sure that the right thing is done at the right time.
Best of Luck.
gc_peshwa
09-14 02:41 AM
gc_peshwa,
You like to make extraneous comparisons ? Comparing yourself to Nazi treatment of jews in the 1930's and 40's. :confused: Had a bad day or lost your mental balance like Raghunathrao peshwa ?? :rolleyes:
I dont know about you but I certainly don't enjoy the daily grind of "When will I get GC?", BTW Raghunathrao was one of the bravest Maratha warriors of his time, albeit misguided :(
I dont mind your comments shreekhand...I just pray your thoughts turn as sweet as your handle:D
Amen.
You like to make extraneous comparisons ? Comparing yourself to Nazi treatment of jews in the 1930's and 40's. :confused: Had a bad day or lost your mental balance like Raghunathrao peshwa ?? :rolleyes:
I dont know about you but I certainly don't enjoy the daily grind of "When will I get GC?", BTW Raghunathrao was one of the bravest Maratha warriors of his time, albeit misguided :(
I dont mind your comments shreekhand...I just pray your thoughts turn as sweet as your handle:D
Amen.
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gc_in_30_yrs
01-22 06:59 PM
"thank you" looks a small word but it is the only word i have to convey my thanks.
fighters wont stop fighting until they win.
we are fighters.
fighters wont stop fighting until they win.
we are fighters.
more...
GCNirvana007
04-07 05:15 PM
Hi Friends.
I got the pink slip 3 weeks back with one month severance. So my target was to secure the job in one month to avoid loss of pay. Finally secured the job with 3 offers from 3 top companies.
Some tips if it may be helpful to others , that I recently expereinced
1. Read your resume thoroughly and see if there are anything that you can improve and make the resume with the core skills, do not make the resume of mix of different profiles, like dba, architect, project manager, make them all seperate.
2. Try to make the submission to the direct employer or recruiter on top of the chain. You can do that finding contacts on linked in.
3. Do not compromise a lot, this makes these recruiters to think that you are vulnerable for any exploitation, (happened with me, I kicked there butt after getting selected and telling them on why did I do that)
All the best to everyone.
Good stuff buddy.
Immigration forum can always make an exception for job opportunities/sharing. I remember seeing a thread dedicated to it as well. Best thing to do, help each other.
I got the pink slip 3 weeks back with one month severance. So my target was to secure the job in one month to avoid loss of pay. Finally secured the job with 3 offers from 3 top companies.
Some tips if it may be helpful to others , that I recently expereinced
1. Read your resume thoroughly and see if there are anything that you can improve and make the resume with the core skills, do not make the resume of mix of different profiles, like dba, architect, project manager, make them all seperate.
2. Try to make the submission to the direct employer or recruiter on top of the chain. You can do that finding contacts on linked in.
3. Do not compromise a lot, this makes these recruiters to think that you are vulnerable for any exploitation, (happened with me, I kicked there butt after getting selected and telling them on why did I do that)
All the best to everyone.
Good stuff buddy.
Immigration forum can always make an exception for job opportunities/sharing. I remember seeing a thread dedicated to it as well. Best thing to do, help each other.
austingc
09-01 10:21 AM
Thank you for your help in this regard. My attorney submitted
1. Expert Opinion Letter
2. University Letter
and the I-140 RFE was cleared in 2 days and got the approval today (per USCIS case status).
Mine was PP.
That’s great news. Congratulations.
1. Expert Opinion Letter
2. University Letter
and the I-140 RFE was cleared in 2 days and got the approval today (per USCIS case status).
Mine was PP.
That’s great news. Congratulations.
more...
DSLStart
07-15 10:03 AM
thats weird!
watchout buddy, some chick working at USCIS might be attracted to you and wants to get your new pics for every application you make.... :D
When my AP came up for renewal my attorney asked to get new set of photos.
In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
Anyone else had same experience ?
watchout buddy, some chick working at USCIS might be attracted to you and wants to get your new pics for every application you make.... :D
When my AP came up for renewal my attorney asked to get new set of photos.
In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
Anyone else had same experience ?
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gcformeornot
01-12 09:52 AM
lots of delays for many applicants. I personally know 2 people waiting. One waiting for more than 2 months. Other one just about a month.....:eek:
more...
skp71
05-06 10:10 AM
If that's the case why should they pre-adjudicate 485s? Lot of guys getting REFs whose PD is 2003. If USCIS wants to approve after 3-4 years, they would not preapprove 485s. That logic won't work out.
If you think out-off-box.... guess what? If US-govt wants to give employment-based-green card based on priority date. Then there won�t be any new immigration law in place without clearing Backlog center cases/queue and I140.
So what... As per the labor department web site, the DOL needs another 17/18 months to clear all pending labors.
I guess any new bill to become law will take another 19 to 24 months. Keep your spirit going to support the best immigration-bill.
My 2 cents.
If you think out-off-box.... guess what? If US-govt wants to give employment-based-green card based on priority date. Then there won�t be any new immigration law in place without clearing Backlog center cases/queue and I140.
So what... As per the labor department web site, the DOL needs another 17/18 months to clear all pending labors.
I guess any new bill to become law will take another 19 to 24 months. Keep your spirit going to support the best immigration-bill.
My 2 cents.
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Dhundhun
06-25 02:16 AM
Thanks for replying.
For question number 3 can you give more details. What is AVR.
Basically when going to neighbouring countries we give our I94 card and when entering the country(USA) they give a new I94card and stamp and put the date on it.
so is it advisable to go out of country and reenter that way i will have new I94 card with new date on it, My only concern i got my ssn does it mean i lost H4 status as H4 are never given ssn, so in this situation if i go out of country and enter again will they put me questions as i have valid visa, i never applied AP and applied EAD but never used it.
AVR stands for Automatic Visa Revalidation (http://www.wright.edu/ucie/students/travelautorevalidation.html).
AVR is used, when travel is less than 30 days, Visa expired but I94 is valid.
As a result of AVR procedures (even if you don't want to use AVR because you have valid visa), when you go to neighbouring country (such as Canada) and returning, at POE (point of entry) officer asks for I94 and if I94 is valid, you don't get new I94.
Getting SSN does not put you out of H4 status. You need to show intention to work - as one of the examples using I-9 form to notify an employer puts out of H4 status.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=31b3ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
You have valid Visa.
#1. You go to India and when you come back, you get new I94.
#2. If you go to Canada, after I94 is expired (less than 6 months out of status) you defenetely get new I94.
#3. If you go to Canada, while I94 is valid you may request new I94. For business visitor they refuse new I94. Can someone commet, what happens in case of H1B or H4 Visa?
For question number 3 can you give more details. What is AVR.
Basically when going to neighbouring countries we give our I94 card and when entering the country(USA) they give a new I94card and stamp and put the date on it.
so is it advisable to go out of country and reenter that way i will have new I94 card with new date on it, My only concern i got my ssn does it mean i lost H4 status as H4 are never given ssn, so in this situation if i go out of country and enter again will they put me questions as i have valid visa, i never applied AP and applied EAD but never used it.
AVR stands for Automatic Visa Revalidation (http://www.wright.edu/ucie/students/travelautorevalidation.html).
AVR is used, when travel is less than 30 days, Visa expired but I94 is valid.
As a result of AVR procedures (even if you don't want to use AVR because you have valid visa), when you go to neighbouring country (such as Canada) and returning, at POE (point of entry) officer asks for I94 and if I94 is valid, you don't get new I94.
Getting SSN does not put you out of H4 status. You need to show intention to work - as one of the examples using I-9 form to notify an employer puts out of H4 status.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=31b3ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
You have valid Visa.
#1. You go to India and when you come back, you get new I94.
#2. If you go to Canada, after I94 is expired (less than 6 months out of status) you defenetely get new I94.
#3. If you go to Canada, while I94 is valid you may request new I94. For business visitor they refuse new I94. Can someone commet, what happens in case of H1B or H4 Visa?
more...
skdskd
08-26 09:32 PM
I am not well aware of what is to be done. But isn't it a good idea to mail USCIS explaining the situation and possible extension you may need. This keeps USCIS informed about your situation in advance.
I think so too
I think so too
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LostInGCProcess
02-24 05:33 PM
Hi-
I will be applying for my 3rd H1-B extension soon. If for some reason the H1-B renewal gets rejected, do rules allow for applying for a H1-B transfer soon after the rejection.
Thanks
If your 3rd H1B renewal is rejected and lets assume your current H1 also is expired, then you would have to leave US immediately. There is no grace period as such. But practically, if it takes some time to windup, there is nothing much you could do about it.
If the extension is rejected before the current H1 expires, you have the chance to file again thru the same employer or another one.
However, keep in mind, you can always challenge the decision of USCIS, if you think you have a strong case.
Chao
I will be applying for my 3rd H1-B extension soon. If for some reason the H1-B renewal gets rejected, do rules allow for applying for a H1-B transfer soon after the rejection.
Thanks
If your 3rd H1B renewal is rejected and lets assume your current H1 also is expired, then you would have to leave US immediately. There is no grace period as such. But practically, if it takes some time to windup, there is nothing much you could do about it.
If the extension is rejected before the current H1 expires, you have the chance to file again thru the same employer or another one.
However, keep in mind, you can always challenge the decision of USCIS, if you think you have a strong case.
Chao
more...
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ivar
07-12 06:30 PM
Is it legal to file two I-485's ? If anyone can point to exact legal document or clause number.
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floridasun
01-27 02:37 PM
Congratulations - enjoy your FREEDOM ! BTW I have the same priority date - only one trivial difference - EB 3 :eek:
We recd. our 485 approval last week and recd. the cards in the mail earlier this week. We were interviewed at the local USCIS for our 485's, 2 weeks ago. It went really smooth and case was approved the same day as the interview.
I would like to whole-heartedly thank IV core and all IV members. This site has been an amazing resource of information & support for us thru our journey. I became a IV member during the July 2007 fiasco. We were there at the IV rally in DC in Sept 2007, have attended local chapter meetings. We will continue to support IV in it's mission.
Thanks everybody.!
EB-II (India)
PD - April 2006
Filed 485 (spouse & myself) - July 2007
485 Approved / Cards recd - January 2011.
We recd. our 485 approval last week and recd. the cards in the mail earlier this week. We were interviewed at the local USCIS for our 485's, 2 weeks ago. It went really smooth and case was approved the same day as the interview.
I would like to whole-heartedly thank IV core and all IV members. This site has been an amazing resource of information & support for us thru our journey. I became a IV member during the July 2007 fiasco. We were there at the IV rally in DC in Sept 2007, have attended local chapter meetings. We will continue to support IV in it's mission.
Thanks everybody.!
EB-II (India)
PD - April 2006
Filed 485 (spouse & myself) - July 2007
485 Approved / Cards recd - January 2011.
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05-19 01:51 PM
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yogirajd
11-09 09:22 PM
I appreciate and very thankful to you all for affording your valuable time in replying with suggestions to my queries.
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sparklinks
04-10 08:34 AM
Thanks buddy !
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h1denied
03-16 08:17 AM
I was working with Employer-A till 30/Nov/08 and then filed H1 transfer with employer-B. I started working with Employer B on Dec/08/08 as we received the receipt.
My H1B visa transfer with Employer-B was denied on Mar/02/2009 as the contract between Employer-B and Client was not signed by Client.
My current H1B transfer is denied and previous H1B and I-94 is expired.
Current H1B transfer:
Start date: Nov-21-08,
RFE received: Dec-30-08,
RFE responded: Feb-06-09
RFE expiry date: Feb-10-09
Received Denial: Mar-02-09.
Previous H1B with Employer-A expired: Jan-31-09.
I-94 expired: Feb-10-2009.
What are my options? I believe that I am out of status since Mar/02/09 (Denial date). Is there any way that I can stay on H1 status in US? I think H1 transfer is not possible as my current H1 is denied and previous H1 is expired. Can anyone confirm?
If any new employer sponsors H1 for me with premium processing (I think I dont need to go through 2009 lottery system as I have already got H1 in 2006 cap), Is it legal for an employer to sponsor new H1B when beneficiary is out of status in US? Should I leave US and then my new employer can file fresh H1 using same 2006 cap so I dont need to go trhough 2009 lottery. Which is the good option? Should I stay in US or India while filing new H1? Within how much time should I leave the country? Is it ok to overstay for 15-20 days after denial?
Please guide me asap. Thanking you in advance!
My H1B visa transfer with Employer-B was denied on Mar/02/2009 as the contract between Employer-B and Client was not signed by Client.
My current H1B transfer is denied and previous H1B and I-94 is expired.
Current H1B transfer:
Start date: Nov-21-08,
RFE received: Dec-30-08,
RFE responded: Feb-06-09
RFE expiry date: Feb-10-09
Received Denial: Mar-02-09.
Previous H1B with Employer-A expired: Jan-31-09.
I-94 expired: Feb-10-2009.
What are my options? I believe that I am out of status since Mar/02/09 (Denial date). Is there any way that I can stay on H1 status in US? I think H1 transfer is not possible as my current H1 is denied and previous H1 is expired. Can anyone confirm?
If any new employer sponsors H1 for me with premium processing (I think I dont need to go through 2009 lottery system as I have already got H1 in 2006 cap), Is it legal for an employer to sponsor new H1B when beneficiary is out of status in US? Should I leave US and then my new employer can file fresh H1 using same 2006 cap so I dont need to go trhough 2009 lottery. Which is the good option? Should I stay in US or India while filing new H1? Within how much time should I leave the country? Is it ok to overstay for 15-20 days after denial?
Please guide me asap. Thanking you in advance!
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paskal
06-20 12:52 AM
my knowledge is also limited...
but from my J1 days this is what i understood:
J1 is NOT a dual intent visa.
All J1 have some requirements to fulfill before applying for GC
For physicians it is a 2 yr Home requirement OR underserved area practice
For researchers etc a No objection is needed from the home country for a waiver
Therefore you cannot file for adjustment of status while still on a J1 unless you have the relevant waiver. It will certainly be rejected.
Physicians who get a waiver move to an H1 during their 3 year practice requirement. The NIW is a special case here, 485 filing is permitted but no approval till 5 years are over.
hope that's helpful.
but from my J1 days this is what i understood:
J1 is NOT a dual intent visa.
All J1 have some requirements to fulfill before applying for GC
For physicians it is a 2 yr Home requirement OR underserved area practice
For researchers etc a No objection is needed from the home country for a waiver
Therefore you cannot file for adjustment of status while still on a J1 unless you have the relevant waiver. It will certainly be rejected.
Physicians who get a waiver move to an H1 during their 3 year practice requirement. The NIW is a special case here, 485 filing is permitted but no approval till 5 years are over.
hope that's helpful.
Dhundhun
06-26 04:13 AM
...The instructions in I-131 form says, the application will be abondoned if the person leaves the country after filing I-131.
I think that when intent of filing I-131 is to get AP, and when (s)he goes out of country, (s)he can't come back to USA. AP can't be mailed.
But it the following scenario it is possible to go out after filing I-131 (my guess) and return safely:
-- When a person is having vaild H-1B or H4 visa
-- When a person is already having AP and is returning within the validity existing AP.
I think that when intent of filing I-131 is to get AP, and when (s)he goes out of country, (s)he can't come back to USA. AP can't be mailed.
But it the following scenario it is possible to go out after filing I-131 (my guess) and return safely:
-- When a person is having vaild H-1B or H4 visa
-- When a person is already having AP and is returning within the validity existing AP.
pappu
12-05 07:48 AM
Felix look at my post L C 2001 Analysts Review and you shall see how a MOFO attorney can ruin a very promising career.
If i could find my ex attorney he would beg to die.
http://immigrationvoice.org/forum/showthread.php?t=2453
If i could find my ex attorney he would beg to die.
http://immigrationvoice.org/forum/showthread.php?t=2453
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