amsgc
02-23 09:22 AM
Vroapp,
Thanks for sharing your thoughts!
Thanks for sharing your thoughts!
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Funky_Monkey
09-14 05:05 PM
Talked to a lawyer, essentially everyone is right.
On paper, I am not illegal as long as the 485 is pending, but in theory, I am illegal as long as 140 is denied.
The clock for illegal stay starts when 140 is denied.
This is a gray area and there is no USCIS rule for what to do in this case. So to be safe, I need to get out and come back as H4 again.
gotgc, how did you do InfoPass? I went though the infopass system and there is no option for me to verify whether my 485 is indeed legitimately active (based on the NIW 140) or not.
On paper, I am not illegal as long as the 485 is pending, but in theory, I am illegal as long as 140 is denied.
The clock for illegal stay starts when 140 is denied.
This is a gray area and there is no USCIS rule for what to do in this case. So to be safe, I need to get out and come back as H4 again.
gotgc, how did you do InfoPass? I went though the infopass system and there is no option for me to verify whether my 485 is indeed legitimately active (based on the NIW 140) or not.
shaq
05-14 02:43 PM
I did my three years diploma (polytechnic) and three years engineering degree (B.E.) after that and I had @ eight years of experience while I had applied for GC through EB2 category. I had no problem in getting my I-140 approval; so far I have not received single rfe.
I had same situation as vactorboy but I had US masters. I had no problem with labor or I-140. My I-140 was approved in a month.
I had same situation as vactorboy but I had US masters. I had no problem with labor or I-140. My I-140 was approved in a month.
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gc_kosam
06-02 04:11 PM
Thanks
What is the basis for the answers? Please provide some reference.
I thought that answer to
Q1: Yes they need to re do I-140
Q2 : Regular timeframe
Guru's can some one give your thoughts to my 2 question (here I am posting my 1st post again for the reference):
My employer filed my I 485 last year during July visa bulletin under EB3. My I 140 is already approved from the same employer. Now my employer is planning to apply for EB2 labor. My queries are
1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application
2) If they apply for new EB2 140...does this invalidate my approved EB3 140 ???
3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster.
What is the basis for the answers? Please provide some reference.
I thought that answer to
Q1: Yes they need to re do I-140
Q2 : Regular timeframe
Guru's can some one give your thoughts to my 2 question (here I am posting my 1st post again for the reference):
My employer filed my I 485 last year during July visa bulletin under EB3. My I 140 is already approved from the same employer. Now my employer is planning to apply for EB2 labor. My queries are
1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application
2) If they apply for new EB2 140...does this invalidate my approved EB3 140 ???
3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster.
more...
unseenguy
06-19 01:18 PM
Hello Unseenguy,
Thanks for the reply .
I forgot to mention that i was already on h1 before so i dont fall under H1CAP.
This is the reason i applied for H1 from h4 as previously i was on H1B
Yes but you can not work on H4, just after filing H1 papers. So what you do is, go to Chennai and get a stamp that should not be a problem.
Thanks for the reply .
I forgot to mention that i was already on h1 before so i dont fall under H1CAP.
This is the reason i applied for H1 from h4 as previously i was on H1B
Yes but you can not work on H4, just after filing H1 papers. So what you do is, go to Chennai and get a stamp that should not be a problem.
HumHongeKamiyab
04-08 02:39 PM
What if VISA is not given .. can you come back?
Valid I 94 is good enough at port of entry (even if your visa in your pp is expired)... as long as
1. your stay in canada is not more than 30 days
2. you did not appear for the visa interview (@US consulate) in canada.
3. You are not from a terrorist sponsored contries such as Iran, N. Korea etc.
This is called as "Automatica visa Revalidation" rule.
In other words if your visa is rejected @ the consulate and if your visa in passport is expired, you CANNOT come back to USA (using 30 day "automatica visa revalidation" rule).
--HumHongeKamiyab
Valid I 94 is good enough at port of entry (even if your visa in your pp is expired)... as long as
1. your stay in canada is not more than 30 days
2. you did not appear for the visa interview (@US consulate) in canada.
3. You are not from a terrorist sponsored contries such as Iran, N. Korea etc.
This is called as "Automatica visa Revalidation" rule.
In other words if your visa is rejected @ the consulate and if your visa in passport is expired, you CANNOT come back to USA (using 30 day "automatica visa revalidation" rule).
--HumHongeKamiyab
more...
gc_buddy
12-03 02:44 PM
I agree. We should continue our efforrts with IV, PD_recapturing, ItsNotFunny, NK2006 and Chanduv
I agree on this. In the past , murthy lawyers have also claimed to have successfull MTR cases but that hardly created any awareness among USCIS about the AC21 law that they are not supposed to directly deny AOS if underlying I-140 gets revoked. Although we hope its good news but I doubt that this is going to make any difference to any future AOS applications whose I-140 get denied.
I agree on this. In the past , murthy lawyers have also claimed to have successfull MTR cases but that hardly created any awareness among USCIS about the AC21 law that they are not supposed to directly deny AOS if underlying I-140 gets revoked. Although we hope its good news but I doubt that this is going to make any difference to any future AOS applications whose I-140 get denied.
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saketkapur
07-31 07:01 PM
I hope they did not hire "loser's guild" to do the job :D:D:D
more...
fl_gc
07-15 11:46 AM
My EB-2 I-140 is pending at NSC. I-140 receipt date is 03-21-2007. Processing dates shown for NSC for I-140 is 07-18-2007. My PD is not current but wanted to know that if anybody is in similar situation?
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vbkris77
04-29 10:01 AM
Recapture and STEM can eliminate the existing backlog including PDs of 2009 EB3I within an year.
But then the damage is already made that there will never be a backlog built. Most of this backlog is because of wasted visas. There is a fragile balance between non-immigrant visas and immigrant visas. CIS screwed it up. But then once this is restored with the above provisions, for atleast until CIS screws it up big time again.
So lets just support this effort of IV unconditionally.
There are 26 pages in this document and half page for legal EB immigrants.
Pros
1.GC for MS in STEM
2.Per country limits removed
Cons
1.No increase in number of EBs
2.Now all counties will be backloged instead of just I and C. ( Misery loves company)
But then the damage is already made that there will never be a backlog built. Most of this backlog is because of wasted visas. There is a fragile balance between non-immigrant visas and immigrant visas. CIS screwed it up. But then once this is restored with the above provisions, for atleast until CIS screws it up big time again.
So lets just support this effort of IV unconditionally.
There are 26 pages in this document and half page for legal EB immigrants.
Pros
1.GC for MS in STEM
2.Per country limits removed
Cons
1.No increase in number of EBs
2.Now all counties will be backloged instead of just I and C. ( Misery loves company)
more...
pranju
05-25 05:43 PM
My passport is expiring next year how early i can apply my renewal,
I want to go to india to get my visa stamped, i donot want to get it stamped in my old passport.
Any idea?
I want to go to india to get my visa stamped, i donot want to get it stamped in my old passport.
Any idea?
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x1050us
06-26 05:03 PM
My attorney says the real problem is, chennai wants a copy of primary applicants valid visa stamp if applying separately. Which means I have to get out of the country to get a visa stamp for sake of my spouse. I am thinking of flying to India and get my visa stamped along with my wife (don't know if vfs will allow me to add an application now). Any other suggestions?
more...
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hopefulgc
04-09 08:49 PM
and the seller basically prices it into the sale price... which why when buying next time .. i would ask to deal with the seller directly.. get an attorney to do the paperwork and diligence for $600 and ask the seller to keep 1% and give me a 5% discount.lil leg work and you save like 25k on 500k house.
u dont need to worry about that because the seller pays both the buyer and the seller's commission. all u have to pay is closing costs.
u dont need to worry about that because the seller pays both the buyer and the seller's commission. all u have to pay is closing costs.
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saimrathi
07-11 03:18 PM
What about Maria? She can speak for us..
"With a career in journalism spanning more than two decades, Shriver has served as reporter, correspondent and anchor for world news organizations such as CBS and NBC, and is currently on leave from NBC News."
http://gov.ca.gov/about/maria
She is not an immigrant like Arnie though..
"With a career in journalism spanning more than two decades, Shriver has served as reporter, correspondent and anchor for world news organizations such as CBS and NBC, and is currently on leave from NBC News."
http://gov.ca.gov/about/maria
She is not an immigrant like Arnie though..
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setpit_gc
06-06 11:26 AM
Both Attorney and you will get the RFE letter. I also got the RFE letter.
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caforum2
06-18 04:33 PM
Yes It applies to new employer as well.
Here is my timeline
on h1 to US in 2001
filed labor in 2003 approved
Filed i 140 and i485 in 12/2003
Changed job to another employer on 05/2005 using EAD
got married, couldn't file for wife's GC
Applied for h1 through new employer in 2006
Premium processing of H1 approved in 15 days. Got wife here on H4
approved for 3 years for using I 140
PD current as of June 2006, filed for wife's GC who came here on H4
EAD can be canceled anytime by USCIS if underlying petetion i 485 is rejected. Also, if you change job before 180 days and your I 140 is not approved, old employer can withdraw it. Its kind of risky to do AC21 before 180 days from i485 RD.
Here is my timeline
on h1 to US in 2001
filed labor in 2003 approved
Filed i 140 and i485 in 12/2003
Changed job to another employer on 05/2005 using EAD
got married, couldn't file for wife's GC
Applied for h1 through new employer in 2006
Premium processing of H1 approved in 15 days. Got wife here on H4
approved for 3 years for using I 140
PD current as of June 2006, filed for wife's GC who came here on H4
EAD can be canceled anytime by USCIS if underlying petetion i 485 is rejected. Also, if you change job before 180 days and your I 140 is not approved, old employer can withdraw it. Its kind of risky to do AC21 before 180 days from i485 RD.
more...
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immigrant-in-law
04-24 08:50 AM
The same happened in my case. Got informed by the lawyer yesterday that my wife's 485 has an RFE and that USCIS has asked for a copy of marriage cert and some pictures of the ceremony/celebrations etc. I do remember sending them this stuff when we initially filed 485.
My lawyer just informed me that I received an RFE on my wife's 485
USCIS is asking for "Memorandum of marriage"
Is it the same as Marriage certificate. I have already send the marriage certificate which states that the marriage has been registered under Hindu marriage registration rules. My name as well as my wifes name and date of amrriage is there.
Why do they need this additional proof Not sure. Has anyone faced this RFE?
Looks like some crazy guys are working in USCIS hell bent on harassing legal immigrants.
I have been given just four weeks to respond.
My lawyer just informed me that I received an RFE on my wife's 485
USCIS is asking for "Memorandum of marriage"
Is it the same as Marriage certificate. I have already send the marriage certificate which states that the marriage has been registered under Hindu marriage registration rules. My name as well as my wifes name and date of amrriage is there.
Why do they need this additional proof Not sure. Has anyone faced this RFE?
Looks like some crazy guys are working in USCIS hell bent on harassing legal immigrants.
I have been given just four weeks to respond.
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pd052009
12-09 03:29 PM
At last my turn comes in January.....now the real fight begins.....any information abt how to get name check status....etc. my FP was done in Sep 2007....did not receive any new FP request...any insight on that gurus.
Happy holidays
~dask:confused:
EB-3-I
PD:Jan 31st 2002
Congrats dask.
Happy holidays
~dask:confused:
EB-3-I
PD:Jan 31st 2002
Congrats dask.
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imm_pro
08-18 01:53 PM
The change of status from H4 to H1 is usually effective from OCT 1..so the H4 visa is no longer valid..
akp
06-30 07:35 PM
I do not know what was posted. But if it was not offensive language (and I mean offensive as in use of swear words), I do not agree that moderator or super moderator should delete it. Let it be there, if it is useless drivel, it will be ignored by most. So deleting an opinion or comment does not sound right, and it undermines the credibility of forum, especially in the US where these sort of things not taken lightly (think of communist label).
I understand the concept of keeping focus on immigration matters only, but leave it to members for most part.
The implication of our way or highway sounds childish.
Just my opinion in an "open" forum.
I understand the concept of keeping focus on immigration matters only, but leave it to members for most part.
The implication of our way or highway sounds childish.
Just my opinion in an "open" forum.
chanduv23
06-05 08:50 AM
I'm not sure if this is the right place to post this thread but I could not find anywhere else to post it on this website.
I filed for my initial H-1B document and the H-1B adjustment document (from full time to part time) with an immigration lawyer last year. The two processes went relatively smooth. Thinking that this lawyer was someone I could trust, I also started the PERM process with her and had my company pay half of the PERM lawyer fee up front and signed whatever paper that I was required to sign.
After she was paid, I noticed that her replies to my emails were slower and some were even neglected. I'm extremely frustrated with her change of behavior as the immigration process is really important to me as it is to every immigrant. I tried emailing her again about 3 days ago with some questions, and she neglected it again. I tried to be as understanding as possible, but I personally think this is ridiculous and I'm getting very upset. She is the only person that works at the office and she has no paralegals or office staff. So I always have to talk to her directly for everything.
Today, I actually emailed her with another email account pretending I'm someone else interested in the H-1B process, and I received a reply from her within 40 minutes. So I know she's neglecting my emails on purpose. I'm not sure if she just doesn't take care of her "paid" clients or she just has something personal against me for whatever reason. (I was always respectful to her in every way so I don't believe it's something I did)
Since I signed the paper which states that I have to pay for a large termination fee if I were to request termination of contract for whatever reason, I can't just hire a new lawyer either. What would be a good approach to resolve this situation? I thought about talking to her directly face-to-face and let her know how upset I'm about her change of behavior (which she may charge me for her time) but I don't want her to screw with my immigration documents at the same time.
First things first. Don't get stressed out. You have hired an Attorney to represent you - u r a client for the Attorney and it is their duty to work with you.
It is very common - people are very receptive before you pay and after that, they tend to slow down on you because they are spending time to bait in the next potential client.
You can report this lawyer to the bar or to AILA or probably to better Business Bereau. Folks here can guide you.
Some Attorneys are very receptive, they value and treat you well. They try their best to get back to you in a day or two. I have seen Attroneys responding to queries late night - probably thats the time they set for email responses or so.
My message to Attorneys - do please value your client. These days, immigrants have a lot of platform and power and are better informed so don't take your clients for granted. t
The better you treat your client, the better business for you.
I filed for my initial H-1B document and the H-1B adjustment document (from full time to part time) with an immigration lawyer last year. The two processes went relatively smooth. Thinking that this lawyer was someone I could trust, I also started the PERM process with her and had my company pay half of the PERM lawyer fee up front and signed whatever paper that I was required to sign.
After she was paid, I noticed that her replies to my emails were slower and some were even neglected. I'm extremely frustrated with her change of behavior as the immigration process is really important to me as it is to every immigrant. I tried emailing her again about 3 days ago with some questions, and she neglected it again. I tried to be as understanding as possible, but I personally think this is ridiculous and I'm getting very upset. She is the only person that works at the office and she has no paralegals or office staff. So I always have to talk to her directly for everything.
Today, I actually emailed her with another email account pretending I'm someone else interested in the H-1B process, and I received a reply from her within 40 minutes. So I know she's neglecting my emails on purpose. I'm not sure if she just doesn't take care of her "paid" clients or she just has something personal against me for whatever reason. (I was always respectful to her in every way so I don't believe it's something I did)
Since I signed the paper which states that I have to pay for a large termination fee if I were to request termination of contract for whatever reason, I can't just hire a new lawyer either. What would be a good approach to resolve this situation? I thought about talking to her directly face-to-face and let her know how upset I'm about her change of behavior (which she may charge me for her time) but I don't want her to screw with my immigration documents at the same time.
First things first. Don't get stressed out. You have hired an Attorney to represent you - u r a client for the Attorney and it is their duty to work with you.
It is very common - people are very receptive before you pay and after that, they tend to slow down on you because they are spending time to bait in the next potential client.
You can report this lawyer to the bar or to AILA or probably to better Business Bereau. Folks here can guide you.
Some Attorneys are very receptive, they value and treat you well. They try their best to get back to you in a day or two. I have seen Attroneys responding to queries late night - probably thats the time they set for email responses or so.
My message to Attorneys - do please value your client. These days, immigrants have a lot of platform and power and are better informed so don't take your clients for granted. t
The better you treat your client, the better business for you.
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