MARY_GC
08-24 06:52 PM
I did exactly the same thing. I had a EB3 May 2004 I-140 approved and I applied 485 with this. during the first quarter of this year, I applied a new labor in EB2 and got it approved in 2 months. I applied I-140 EB2 in premium on 29th June and got it approved. Now my lawyer is going to interfile this new I-140 with my existing pending 485.
First of all, dont worry with your old 140 while applying new one. They would not touch your old 140. The only issue right now is that there is no PP of 140 so you might need to wait up to one year to see 140 approved and that might kill the purpose.Just pray that they start PP soon.
Thanks for ur information.I had 2 more doubts.
1)when i'm doing interfiling i will be doing the same for my spouse &kid also.So,they too will get their 1-485 applications changed from eb3 to eb2 with the priority date of eb3 right? Or is this interfiling only possible for principle applicant's I-485?
2) After reading ur case one doubt i had is that for me i already filed I-485 under eb3 & now about to start eb2 from the scratch perm,I-140 etc.so while eb2 process is going on at some point of time whether i need to say i have already applied for I-485 under eb3?If so it will make matters more worse right?I know U didnt go through this as u have started eb2 process well before applying for eb3 AOS.(U told u got even ur eb2 I-140 approved under PP)Still,i hope u would be able to comment on this as u might have thought of all the risks associated in interfiling before going ahead.thanks once again.
First of all, dont worry with your old 140 while applying new one. They would not touch your old 140. The only issue right now is that there is no PP of 140 so you might need to wait up to one year to see 140 approved and that might kill the purpose.Just pray that they start PP soon.
Thanks for ur information.I had 2 more doubts.
1)when i'm doing interfiling i will be doing the same for my spouse &kid also.So,they too will get their 1-485 applications changed from eb3 to eb2 with the priority date of eb3 right? Or is this interfiling only possible for principle applicant's I-485?
2) After reading ur case one doubt i had is that for me i already filed I-485 under eb3 & now about to start eb2 from the scratch perm,I-140 etc.so while eb2 process is going on at some point of time whether i need to say i have already applied for I-485 under eb3?If so it will make matters more worse right?I know U didnt go through this as u have started eb2 process well before applying for eb3 AOS.(U told u got even ur eb2 I-140 approved under PP)Still,i hope u would be able to comment on this as u might have thought of all the risks associated in interfiling before going ahead.thanks once again.
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snathan
02-13 01:14 AM
H1B - LCA Related Issues - How can we save ourselves ???
HI
I guess everybody know by now that ICE arrested 11 H1 workers mainly due to mail fraud/wire fraud, and these frauds
I am starting this thread to discuss what we can do to save ourselves from LCA related issues.
** LCA is very important and H1 b employees should work as per LCA - Period.
Location, job and every thing should be as per LCA. No questions.
I am afraid, most of the H1b guys do not even have LCAs with them.
** This is very concerned for all the DESI Consulting companies H1 employees, as we never work at LCA place. I am going to give ultimatum to my employer to change LCA and keep all the docs in place. Otherwise i am going to change to employer, where they are good wrt papers.
Please throw your suggestions to make our H1 system clean and save H1 employees.
Whenever you move from one state to another....urge your employer to file the LCA amendment. Thats the only way to save ourself.
HI
I guess everybody know by now that ICE arrested 11 H1 workers mainly due to mail fraud/wire fraud, and these frauds
I am starting this thread to discuss what we can do to save ourselves from LCA related issues.
** LCA is very important and H1 b employees should work as per LCA - Period.
Location, job and every thing should be as per LCA. No questions.
I am afraid, most of the H1b guys do not even have LCAs with them.
** This is very concerned for all the DESI Consulting companies H1 employees, as we never work at LCA place. I am going to give ultimatum to my employer to change LCA and keep all the docs in place. Otherwise i am going to change to employer, where they are good wrt papers.
Please throw your suggestions to make our H1 system clean and save H1 employees.
Whenever you move from one state to another....urge your employer to file the LCA amendment. Thats the only way to save ourself.
Prashanthi
07-30 06:25 PM
My kids and I got our I485 (EB2 I PD 2005) approval in July 2008 and my wife's case was sent for Interview which we attended in December when they asked to redo the medicals. Medicals were submitted to them after which the case has gone "dead".
Questions :
1. What is the Immigration status of my wife during this time? Her H4 (which would have been nulled due to my AOS anyway) in December.
She has Advance Parole and EAD but everyday we are worried about challenges ranging from not being able to buy life insurance for her at competitive rates (she has been declined due to THIS immigration status), Drivers license renewal coming up. We havent been able to travel freely as a family outside the country due to the fact that AP is for emergency travel only.
2. What will happen to her case if something happens and I pass away while she is waiting?
3. Do I have to wait for my earlier PD (2005) to become current again before she gets approval. The way it is going with retrogression my kids and I may get citizenship before she gets her greencard.
4. Will writing to a congressman / senator help? It is really having a significant impact on our lives as a virtually "broken family".
Your help would be much appreciated.
First of all, lets hope nothing happens to you. At this time i suggest waiting, something might come up later this year or early next year with reference to making use of unused visa numbers, if this happens, your wifes date will become current and her I-485 will get approved. Unfortunately the petition dies with the petitioner. However in the case of family based I-130 petitions, The Attorney General may in his discretion reinstate the approval of your family-based visa. The Attorney General may exercise favorable discretion where "for humanitarian reasons revocation would be inappropriate." 8 C.RR. Sec. 205.1(a)(3)(i)(C).
Questions :
1. What is the Immigration status of my wife during this time? Her H4 (which would have been nulled due to my AOS anyway) in December.
She has Advance Parole and EAD but everyday we are worried about challenges ranging from not being able to buy life insurance for her at competitive rates (she has been declined due to THIS immigration status), Drivers license renewal coming up. We havent been able to travel freely as a family outside the country due to the fact that AP is for emergency travel only.
2. What will happen to her case if something happens and I pass away while she is waiting?
3. Do I have to wait for my earlier PD (2005) to become current again before she gets approval. The way it is going with retrogression my kids and I may get citizenship before she gets her greencard.
4. Will writing to a congressman / senator help? It is really having a significant impact on our lives as a virtually "broken family".
Your help would be much appreciated.
First of all, lets hope nothing happens to you. At this time i suggest waiting, something might come up later this year or early next year with reference to making use of unused visa numbers, if this happens, your wifes date will become current and her I-485 will get approved. Unfortunately the petition dies with the petitioner. However in the case of family based I-130 petitions, The Attorney General may in his discretion reinstate the approval of your family-based visa. The Attorney General may exercise favorable discretion where "for humanitarian reasons revocation would be inappropriate." 8 C.RR. Sec. 205.1(a)(3)(i)(C).
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pappu
08-28 09:58 AM
Could you please review this thread
http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/184288-from-iv-access-to-donor-forum-issues.html
If you are a recurring subscriber please mail details to info at immigrationvoice.org. We verify each member before adding in the donor forum.
http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/184288-from-iv-access-to-donor-forum-issues.html
If you are a recurring subscriber please mail details to info at immigrationvoice.org. We verify each member before adding in the donor forum.
more...
johnamit
08-30 01:08 PM
more details will help. Is the case is as simple as it sounds then may be half of filers will get RFE. There got to be more pieces to it, is there H1/F1/H4/L1 transfer exists? I-140 aprroved? etc. Think about other points that makes your case out of the heap.
nlssubbu
12-12 07:30 PM
Hi!
I have an approved H1 until 2009 but expired visa in my passport. I have AP and EAD approved. My lawyer has the original I-485 receipt notice - I only have a fax of it. I am travelling to India in Jan-08.
I am planning to re-enter the USA on AP. Do I need original I-485 receipt to re-enter? OR is AP documents enough? Do I need to carry approved H1-B notice or any other docs?
Thanks for your help!
Vivek.
I-485 receipt notice belongs to you and I do not know why your attorney retained them. If your attorney is not appointed by you and employed through your company, it is all the more better, if you have this copy with you.
If you are planning to re-enter using AP, then have the original I-485 receipt notice and the company letter to be on the safer side.
Have a safe trip!
I have an approved H1 until 2009 but expired visa in my passport. I have AP and EAD approved. My lawyer has the original I-485 receipt notice - I only have a fax of it. I am travelling to India in Jan-08.
I am planning to re-enter the USA on AP. Do I need original I-485 receipt to re-enter? OR is AP documents enough? Do I need to carry approved H1-B notice or any other docs?
Thanks for your help!
Vivek.
I-485 receipt notice belongs to you and I do not know why your attorney retained them. If your attorney is not appointed by you and employed through your company, it is all the more better, if you have this copy with you.
If you are planning to re-enter using AP, then have the original I-485 receipt notice and the company letter to be on the safer side.
Have a safe trip!
more...
Mulnop
08-04 04:36 PM
Where you get it???
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ItIsNotFunny
12-08 11:15 PM
If you believe me, just ignore and concentrate on real issues like Obama immigration panel, FOIA & AC21 action items.
Gave you green, it that helps :).
Somebody recently gave me a red dot for one of my posts, which is alright, but the person qualified it with a highly offensive Hindi expletive. The words are too obscene to be posted in open forum so I will refrain from reproducing them.
I want IV to reveal the name of the culprit, and ban him/her immediately. Failing which, I will have to evaluate other options to seek redress.
Needless to say, this whole dot mongering is seriously flawed and needs rethinking.
Gave you green, it that helps :).
Somebody recently gave me a red dot for one of my posts, which is alright, but the person qualified it with a highly offensive Hindi expletive. The words are too obscene to be posted in open forum so I will refrain from reproducing them.
I want IV to reveal the name of the culprit, and ban him/her immediately. Failing which, I will have to evaluate other options to seek redress.
Needless to say, this whole dot mongering is seriously flawed and needs rethinking.
more...
Catherine
06-27 11:16 PM
Thank you for the information, Tazike. I've heard many conflicting viewpoints on this but none that say you immediately lose your status - I will look into it.
I can say, though, that I've traveled in and out of the US on my green card since the divorce became final, including telling an immigration official that I was now divorced on my most recent return, and yet I have still been allowed back in each time. Perhaps I have just been lucky. Also, I did mention on that last journey that I have a waiver application currently submitted.
Fingers crossed...
I can say, though, that I've traveled in and out of the US on my green card since the divorce became final, including telling an immigration official that I was now divorced on my most recent return, and yet I have still been allowed back in each time. Perhaps I have just been lucky. Also, I did mention on that last journey that I have a waiver application currently submitted.
Fingers crossed...
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cgs
04-03 09:34 AM
Renewal of passport doesn't invalidate the visas in old passport. You have to carry both the passports while traveling foreign country.
You can get correct information about passport renewal processing details by contacting near by Indian embassy. You can also check if there is same day (or faster renewal for extra fee) renewals.
You can get correct information about passport renewal processing details by contacting near by Indian embassy. You can also check if there is same day (or faster renewal for extra fee) renewals.
more...
logiclife
08-02 02:20 PM
1)Is it safe and legal to travel with Visa stamping till august 2006 from company A , with 221 (g) stamped in his passport (when he went for
visa for company B), with proper H1B documents valid till 2009 from company
C?
No Safe as he will be questioned at port of entry
2)Will there be questions at the port of entry ?
A Lot
3)Will there be any issues because of the 221(g)
stamping in the passport (company B visa)?
Yes.
4)Any chance he wont be let inside U.S ?
90%
5)Can he show them the h1b approvals for company C ?
No..as it will confusing for immigration officer with so many 797 forms.
6)Any tips to handle the officer at POE?
Can try with chinese or african-american.Little liberal
7)If every thing goes smooth, will his new I-94 be
valid till june 2009 (date on his company C petition)
or just another 4 weeks (company A petition)?
Just 4 weeks
8)If by any chance if he is deported, will it affect
his future prospects in the U.S?
Yes.. He may not not reenter US for next 10 Yrs.
I am Immigration Lawyer.Better Talk to the Attorney.
You probably meant to say that you are NOT an immigration lawyer. Correct?
visa for company B), with proper H1B documents valid till 2009 from company
C?
No Safe as he will be questioned at port of entry
2)Will there be questions at the port of entry ?
A Lot
3)Will there be any issues because of the 221(g)
stamping in the passport (company B visa)?
Yes.
4)Any chance he wont be let inside U.S ?
90%
5)Can he show them the h1b approvals for company C ?
No..as it will confusing for immigration officer with so many 797 forms.
6)Any tips to handle the officer at POE?
Can try with chinese or african-american.Little liberal
7)If every thing goes smooth, will his new I-94 be
valid till june 2009 (date on his company C petition)
or just another 4 weeks (company A petition)?
Just 4 weeks
8)If by any chance if he is deported, will it affect
his future prospects in the U.S?
Yes.. He may not not reenter US for next 10 Yrs.
I am Immigration Lawyer.Better Talk to the Attorney.
You probably meant to say that you are NOT an immigration lawyer. Correct?
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desi485
12-21 06:32 PM
looks like ur first post. Its not advisable to move before 180 days. If at all you have to do it, take your current employer in confidence.
more...
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sidbee
06-10 01:47 PM
Sidbee,
thank you sidbee and i would pray that you would never be in this position. Its hard to stay home without at job and secondly, with H1B laidoff its even tougher.
I was laidoff recently and i know the stress one goes through. That's the reason i am trying to help by making a IVjobhunters group. I have found my job and i have nothing to gain.
Sidbee if you cannot talk good or help please shut your mouth. . If someone is asking for help ( Laidoff means Was terminated from work for no reason of yours).
You have the right to ask your employer for one way return ticket to your home town. Its not just the international airport but till your home town, Its a law and you should get it.
I was laidoff and i took unemployment benifits, Sidbee, Give me a lecture.
J thomas
You took me wrong.
I meant , that if i was illegaL (laid of for 5 months) , i would just leave without making noises.
I was giving my point of view.
And yes if i was laid off today , i would fight to get my return tickets. But if i choose to be illegal for 5 months, than i wont.
I have full sympathy, with whoever gets laid of on H1B, But thats the law, and i know it , and still i prefer to work on H1B.
thank you sidbee and i would pray that you would never be in this position. Its hard to stay home without at job and secondly, with H1B laidoff its even tougher.
I was laidoff recently and i know the stress one goes through. That's the reason i am trying to help by making a IVjobhunters group. I have found my job and i have nothing to gain.
Sidbee if you cannot talk good or help please shut your mouth. . If someone is asking for help ( Laidoff means Was terminated from work for no reason of yours).
You have the right to ask your employer for one way return ticket to your home town. Its not just the international airport but till your home town, Its a law and you should get it.
I was laidoff and i took unemployment benifits, Sidbee, Give me a lecture.
J thomas
You took me wrong.
I meant , that if i was illegaL (laid of for 5 months) , i would just leave without making noises.
I was giving my point of view.
And yes if i was laid off today , i would fight to get my return tickets. But if i choose to be illegal for 5 months, than i wont.
I have full sympathy, with whoever gets laid of on H1B, But thats the law, and i know it , and still i prefer to work on H1B.
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ArkBird
05-21 04:55 PM
Recently my wife went for finger printing.... none of us except her received FP notice. So she went there and did FP and asked the person over there about why I didn't get FP.
The person asked her my name and A#. He looked into the system and said I didn't get FP because by July you will get your GCs...... my FPs are still valid.... I know what he said is not true.... as you can see my PD.... but I keep wondering why he said that after looking in his system...... :confused:
PS - Sorry for the Title. But I am just quoting him.
EXACT same thing happened with us in Feb. The person taking FP told my wife that we will get our GC in April but the cleaver part was that she never mentioned they year!!! :)
The person asked her my name and A#. He looked into the system and said I didn't get FP because by July you will get your GCs...... my FPs are still valid.... I know what he said is not true.... as you can see my PD.... but I keep wondering why he said that after looking in his system...... :confused:
PS - Sorry for the Title. But I am just quoting him.
EXACT same thing happened with us in Feb. The person taking FP told my wife that we will get our GC in April but the cleaver part was that she never mentioned they year!!! :)
more...
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vaishnavilakshmi
06-22 04:57 PM
AAA is not free :cool: I tried it a couple of weeks ago. Infact they are on the expensive side (compared to Kinkos, Sears, Walmart etc.)
Hi,
Costco is the best place to get photoes.They took our photos and rest of my colleagues photos upto the standards.Anywhere should be ok.Just mention them that ur facial features look clear and good.I showed the photos for visa application which i took in india as sample to them.Those were clear .So they followed the standards.
All the best,
vaishu
Hi,
Costco is the best place to get photoes.They took our photos and rest of my colleagues photos upto the standards.Anywhere should be ok.Just mention them that ur facial features look clear and good.I showed the photos for visa application which i took in india as sample to them.Those were clear .So they followed the standards.
All the best,
vaishu
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satishku_2000
05-26 07:43 PM
This new law in its current form affects everyone who is here legally whether someone is a Student or H1B
1. Some one who is a student he gets extended OPT
2. The moment student want to file for H1, his employer should be willing to shell out nearly $10,000
3. Every extension subsequently costs same amount unless they dont increase it further.
4. Some one on H1b cant do consulting.
5. Some one whose EB petition is pedning and nearing 6th year is scrwed because of the reduction in VISA numbers and repealing of AC21.
6. Employers have to shell out $10000 every year to get extension.
A spoke with at least 10 people and have them signed up for IV.
Folks , Please talk about this issue when you make weekend calls. No one from EB community is spared from this draconian bill .
Make phone calls and have your people signed up for IV
1. Some one who is a student he gets extended OPT
2. The moment student want to file for H1, his employer should be willing to shell out nearly $10,000
3. Every extension subsequently costs same amount unless they dont increase it further.
4. Some one on H1b cant do consulting.
5. Some one whose EB petition is pedning and nearing 6th year is scrwed because of the reduction in VISA numbers and repealing of AC21.
6. Employers have to shell out $10000 every year to get extension.
A spoke with at least 10 people and have them signed up for IV.
Folks , Please talk about this issue when you make weekend calls. No one from EB community is spared from this draconian bill .
Make phone calls and have your people signed up for IV
more...
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va_dude
10-17 09:45 PM
Do you mean the first two digits of these two job codes:
13-2011.02 and 13-2011.01
So as per this law form, since they both start with a 13 we are good?
-R
13-2011.02 and 13-2011.01
So as per this law form, since they both start with a 13 we are good?
-R
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senthil
02-06 05:20 PM
all your points look ok to me. although it may differ for different prople.
in my case - i have an EAD. but cant use it. i had to stay on H1B to make my spouse's stay valid which is H4. i see the following as a comparision. guys pl feel free to throw ur inputs.
EAD
- ability to switch jobs as nessary - you decide
- AP to easy your life when you want to fly out and come back
( no hassle stamping tention etc, but comes with yearly price )
- of couse the important thing is your spouse can work
- need to stick with same designation
H1B:
- no hassles if you are within 6 year period. everything starts when its about to expire and you jump into GC train
[ you have to jump if you decide to stay more than 6 years. no option here, i guess ]
- same as EAD jumping jobs is easy, also can climb up the ladder
- if above 6 year limit and I-140 not approved, you get only yearly exentions
thanks.
in my case - i have an EAD. but cant use it. i had to stay on H1B to make my spouse's stay valid which is H4. i see the following as a comparision. guys pl feel free to throw ur inputs.
EAD
- ability to switch jobs as nessary - you decide
- AP to easy your life when you want to fly out and come back
( no hassle stamping tention etc, but comes with yearly price )
- of couse the important thing is your spouse can work
- need to stick with same designation
H1B:
- no hassles if you are within 6 year period. everything starts when its about to expire and you jump into GC train
[ you have to jump if you decide to stay more than 6 years. no option here, i guess ]
- same as EAD jumping jobs is easy, also can climb up the ladder
- if above 6 year limit and I-140 not approved, you get only yearly exentions
thanks.
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belmontboy
10-27 05:01 PM
Guys, things may not be great, but you know what - "what does not kill me only makes me stronger" - Friedrich Nietzsche
Hope this diwali bring great things for us.
Hope this diwali bring great things for us.
harsh
12-30 02:08 PM
elanegeng and curiosity_76 welcome to Alabama state chapter. Nice to know that there are people in alabama stuck in retro. For a while I was getting alone in here :). I am in Huntsville. Where are you in bama curiosity_76?
Lets stay in touch. We can share our contact information so that we can get in touch with others when we have to meet lawmakers or other important events.
Lets stay in touch. We can share our contact information so that we can get in touch with others when we have to meet lawmakers or other important events.
java4yogi
06-09 02:05 AM
just checking if any lucky ones have received a approval for their h1b petitions this year !!!
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