chanduv23
06-18 03:13 PM
u never went to india since 5 years, your crazy :)
I met a US citizen of Indian origin who came to US in 1991 on a tourist visa and in those days, they managed to get green cards - dunno how. He never visited India. Got married here and still visualizes India as how it was in 80s.
I met a US citizen of Indian origin who came to US in 1991 on a tourist visa and in those days, they managed to get green cards - dunno how. He never visited India. Got married here and still visualizes India as how it was in 80s.
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pcs
01-02 07:44 PM
I have completed 6 years on H1-B & my labor certification has been filed 4 times in the past & each time I got stuck in the backlog or lost the job.
I finally have approved I-140 but I can not file 485 since Oct 2005.
Now I have a very good job offer with a lot of money but want to take a calculated step before moving on... My current employer will not cancel I-140 & will also help me file 485 even if I am not working with them.
My new employer will be willing to do Labor certification / I-140 / 485 once again but I do not want any complications because of two 485 applications.
My questions are...
1. Do I have to work for 180 days after 485 filing to get AC 21 advantage or I have to only wait for 180 days ( NOT WORK ) after filing 485 to get this advantage ??
2. If I am on H1 with my next employer, can I use AC 21 advantage received from my earlier employer ( based on 485) for next job change ?
3. Will two 485 filing create any complications in either application
Regards & thanks for your help
I finally have approved I-140 but I can not file 485 since Oct 2005.
Now I have a very good job offer with a lot of money but want to take a calculated step before moving on... My current employer will not cancel I-140 & will also help me file 485 even if I am not working with them.
My new employer will be willing to do Labor certification / I-140 / 485 once again but I do not want any complications because of two 485 applications.
My questions are...
1. Do I have to work for 180 days after 485 filing to get AC 21 advantage or I have to only wait for 180 days ( NOT WORK ) after filing 485 to get this advantage ??
2. If I am on H1 with my next employer, can I use AC 21 advantage received from my earlier employer ( based on 485) for next job change ?
3. Will two 485 filing create any complications in either application
Regards & thanks for your help
prince_charming
02-14 01:25 PM
Hey guys,
My MTR was approved almost 3 months ago and my attorney received the MTR approval notice.
The decision was that both mine and my wife's I-485's are reopened.
But its been almost 3 months and online status on USCIS website has not changed yet......
Does anyone noticed the same situtation with their MTR approval and no online status change?
- Prince
My MTR was approved almost 3 months ago and my attorney received the MTR approval notice.
The decision was that both mine and my wife's I-485's are reopened.
But its been almost 3 months and online status on USCIS website has not changed yet......
Does anyone noticed the same situtation with their MTR approval and no online status change?
- Prince
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ash0210
11-18 03:52 PM
logiclife, thats the "trap" (& excuse) I am trying to break by providing some solution in my earlier mail...
Is "immigration" process a "Rocket" science?
When this country supports "complex" process of landing on "moon" with "efficient" high-technology that spread across Electrical, Mechanical & computational areas/divisions, why not "Immigration" process?
Look, we as "IT" guys knows that "Customer process" can be spread across different "divisons" of the organization and still we "devise" solution to implement that process by providing "homogeneous" solution...and therefore I feel that WE should not "buy" this idea of "Process" etc...
What I am saying is..If guy/gal is having EAD for more than 3-4 times, paying taxes & "have clean police record" then he/she is not threat to "security" of country and USCIS do not avail VISA# then assign a "Temporary" VISA # to such I-485 applicant who is hanging around for last 5-6 years with EAD!!
Also, when PD of China & Mexico is moving beyond April 2001 while "India" PD for last 7 months is "lingering" between April 15 & April 21, I do suspect of "Transparency". Why USCIS do not gives count# of Indians that are pending in BPCS and also NOT even "trying" to find out "How many Indians will complain" if they will pass beyond April 31, 2001?
Let USCIS pass India PD beyond April 31, 2001, let them collect the complains of Indians, compile the "statistics" and let them arrive at # Indians that are hiding behind 245(i) "Titanium" wall and then we should buy this excuse of "Process"..
Guys apart from "Political reasons", USCIS have to show some transprency for not moving "India" PD beyond April 31, 2001 to convince us...!!!
The problem with premium processing of 485 is that there a procedures in 485, like the FBI namecheck, the Fingerprinting etc, that is perfect recipe for bureaucratic nightmare.
USCIS is in the Department of Homeland security. That's where I485 starts. Then comes FBI namecheck. That's US dept of Justice. After that, comes the issue of alloting visa numbers. That is US State Department.
So you have 3 big bodies of US government who have to all work at premium speed IN SYNC with each other, without passing the buck to each other, to make premium processing possible for 485 filing.
As we all know, USCIS that alone handles I140 petitions took years to implement premium I140. Now if 3 entirely different Departments of US govt were to be asked to harmoniously streamline another procedure, then I guess its wish very less likely to come true, EVEN IF they want it as much as we do.
Is "immigration" process a "Rocket" science?
When this country supports "complex" process of landing on "moon" with "efficient" high-technology that spread across Electrical, Mechanical & computational areas/divisions, why not "Immigration" process?
Look, we as "IT" guys knows that "Customer process" can be spread across different "divisons" of the organization and still we "devise" solution to implement that process by providing "homogeneous" solution...and therefore I feel that WE should not "buy" this idea of "Process" etc...
What I am saying is..If guy/gal is having EAD for more than 3-4 times, paying taxes & "have clean police record" then he/she is not threat to "security" of country and USCIS do not avail VISA# then assign a "Temporary" VISA # to such I-485 applicant who is hanging around for last 5-6 years with EAD!!
Also, when PD of China & Mexico is moving beyond April 2001 while "India" PD for last 7 months is "lingering" between April 15 & April 21, I do suspect of "Transparency". Why USCIS do not gives count# of Indians that are pending in BPCS and also NOT even "trying" to find out "How many Indians will complain" if they will pass beyond April 31, 2001?
Let USCIS pass India PD beyond April 31, 2001, let them collect the complains of Indians, compile the "statistics" and let them arrive at # Indians that are hiding behind 245(i) "Titanium" wall and then we should buy this excuse of "Process"..
Guys apart from "Political reasons", USCIS have to show some transprency for not moving "India" PD beyond April 31, 2001 to convince us...!!!
The problem with premium processing of 485 is that there a procedures in 485, like the FBI namecheck, the Fingerprinting etc, that is perfect recipe for bureaucratic nightmare.
USCIS is in the Department of Homeland security. That's where I485 starts. Then comes FBI namecheck. That's US dept of Justice. After that, comes the issue of alloting visa numbers. That is US State Department.
So you have 3 big bodies of US government who have to all work at premium speed IN SYNC with each other, without passing the buck to each other, to make premium processing possible for 485 filing.
As we all know, USCIS that alone handles I140 petitions took years to implement premium I140. Now if 3 entirely different Departments of US govt were to be asked to harmoniously streamline another procedure, then I guess its wish very less likely to come true, EVEN IF they want it as much as we do.
more...
ThinkTwice
09-12 02:18 PM
Real Life :
A friend of mine who went to India's premier institution - IIT in India and then to IIM worked for one of the fortune 100 companies here in the US.
He got married and decided to move to UK because his equally qualified spouse being on a dependent Visa could not work due to the obsolete rules.
Both husband and wife are well on thier way to permanent residency in UK.
A friend of mine who went to India's premier institution - IIT in India and then to IIM worked for one of the fortune 100 companies here in the US.
He got married and decided to move to UK because his equally qualified spouse being on a dependent Visa could not work due to the obsolete rules.
Both husband and wife are well on thier way to permanent residency in UK.
GMKrishna
10-05 05:55 PM
This announcement proves that IV is a very democratic, honest and competitive organization for the cause of legal and highly skilled immigrants.
Good job IV.
Thanks,
Good job IV.
Thanks,
more...
skynet2500
07-09 12:35 PM
DOS issued one more bulletine today on 9th July 2007 !!!!!!!!!!!!!
Please post the link. What is new anyways in this?
Please post the link. What is new anyways in this?
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my2cents
09-30 12:58 PM
If the employer revokes i140 before 180 days then what happens ,, is there any way to continue 485 ?
if approved I-140 is revoked, then Ur I-140 is not portable.ur I-485 will be denied. at the best u can ask employer delay the revoke till 180 days are passed.
if pending I-140 is withdrawan then I-485 will be denied and at the best u can ask employer to continue I-140 until it is approved and then revoke if 180 days are passed.
3) 1 1/2 yrs is the current H1-B status
Thanks
Karthik[/QUOTE]
if approved I-140 is revoked, then Ur I-140 is not portable.ur I-485 will be denied. at the best u can ask employer delay the revoke till 180 days are passed.
if pending I-140 is withdrawan then I-485 will be denied and at the best u can ask employer to continue I-140 until it is approved and then revoke if 180 days are passed.
3) 1 1/2 yrs is the current H1-B status
Thanks
Karthik[/QUOTE]
more...
jayram123
07-18 07:29 AM
short visits in this case should not reset his 365 day clock. days of this short visit will just not get counted towards the 365 days.
If I was in your position, I would try getting him here immediately and then try applying for 485 ASAP so he can get his EAD. When you are so close, he doesn't need a new H1.
I would also bring him up here earlier since medical exam and all that takes some time. You may not be able to do this if you have a really short timeframe.
Good Luck!!!
If I was in your position, I would try getting him here immediately and then try applying for 485 ASAP so he can get his EAD. When you are so close, he doesn't need a new H1.
I would also bring him up here earlier since medical exam and all that takes some time. You may not be able to do this if you have a really short timeframe.
Good Luck!!!
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jetr
08-27 12:06 PM
My 140 is Approved from Company A.I haven't filed my 485 yet.
My H1 6 Yr period ends in Mar 2009.I am planning to move to company B and request a 3 yr extn based on my approved 140(with Company A).
My qn is what if company A cancels my 140?
If I get my 3yr H1 extn approved (before 140 cancellation) will my status be valid?
Thanks for your help.
My H1 6 Yr period ends in Mar 2009.I am planning to move to company B and request a 3 yr extn based on my approved 140(with Company A).
My qn is what if company A cancels my 140?
If I get my 3yr H1 extn approved (before 140 cancellation) will my status be valid?
Thanks for your help.
more...
hopefulgc
04-09 02:45 PM
that doesn't make sense at all.. why would it go to miami, FL?
On a lighter side, maybe they realized that you haven't taken a vacation in a really long time and want you to visit florida.
On a lighter side, maybe they realized that you haven't taken a vacation in a really long time and want you to visit florida.
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kennyc
May 25th, 2005, 06:37 AM
Thanks for the comments guys. I appreciate them.
KAC
KAC
more...
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ras
09-19 10:11 AM
That's what I am suggesting. Look back the first reply message. One doesn't gain authority and yell on others just because the person attended the rally.
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i99
08-30 05:29 PM
As of today 8/30 nothing!
I140/I485/EAD/AP - delivered on 02JUL07 sometime around 7AM at NSC signed by R Williams.
Any ideas if it is rejected :(. :confused:
Would you give me the phone number for last name search in the USCIS system? Thanks,
I140/I485/EAD/AP - delivered on 02JUL07 sometime around 7AM at NSC signed by R Williams.
Any ideas if it is rejected :(. :confused:
Would you give me the phone number for last name search in the USCIS system? Thanks,
more...
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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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saravanaraj.sathya
08-03 10:29 AM
Sundar - I understand ur question..I ve seen in many forums that employers can revoke ur I-140 before ur I-485 is approved. When you transfer with ur approved I-140 from ur previous employer and lets say that he has already revoked it..I am not sure what will happen the..just wanted to confirm...
the more important part of my question is...
"using approved 140 from an EX-employer" and using that to a get 3 yr extension when doing a h1b transfer to a new employer (who has not in anyway started a new perm labor)
the more important part of my question is...
"using approved 140 from an EX-employer" and using that to a get 3 yr extension when doing a h1b transfer to a new employer (who has not in anyway started a new perm labor)
more...
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desi485
12-02 07:46 PM
Thanks for sharing this news. Here is the link (http://www.immigration-information.com/forums/showthread.php?p=25832).
This news is very encouraging and thanks to Ron Gotcher for publishing it on his web site. Guys, please continue sending the letters, if you have not done it so far.
We are working on 2nd phase of our campaign.
pd_recapturing, this is encouraging indeed. People should not fear using EAD, specifically in this economy EAD gives you much better chance to survive than an H1B.
Regarding campaign, please share some updates, news with IV community.
This news is very encouraging and thanks to Ron Gotcher for publishing it on his web site. Guys, please continue sending the letters, if you have not done it so far.
We are working on 2nd phase of our campaign.
pd_recapturing, this is encouraging indeed. People should not fear using EAD, specifically in this economy EAD gives you much better chance to survive than an H1B.
Regarding campaign, please share some updates, news with IV community.
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slowwin
04-16 09:30 AM
For whatever reason, your record is tainted. This will also comeback to bite you later (AOS ). my suggestion is to get a legal opinion from a lawyer who practices both criminal and immigration law.
I entered US in 2001 on H1B and have not left the country since then. Unfortunately within few months of coming to US, I had a fight with my wife and was charged of domestic violence. This charge was later reduced and I was convicted of a simple battery.
Now if I travel overseas and come back on AP (I intend to use my approved AP instead of going for H1B stamping), can I be denied entry to US at port of entry because of my criminal charge?
Anyone in the same situation or know someone in this situation? Was there any issue in there re entry into US?
Thanks a lot in advance.
I entered US in 2001 on H1B and have not left the country since then. Unfortunately within few months of coming to US, I had a fight with my wife and was charged of domestic violence. This charge was later reduced and I was convicted of a simple battery.
Now if I travel overseas and come back on AP (I intend to use my approved AP instead of going for H1B stamping), can I be denied entry to US at port of entry because of my criminal charge?
Anyone in the same situation or know someone in this situation? Was there any issue in there re entry into US?
Thanks a lot in advance.
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lazycis
01-15 11:04 AM
See also
http://pubweb.fdbl.com/news1.nsf/d3d98eadd391e98486256aa90014645f/c93cb749b8d8eb65852569bd00730824?OpenDocument
On December 20, 2000, the Department of Labor (DOL) published interim finalregulations pertaining to H-1B Labor Condition Applications (LCAs) and implementing the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) (65 Fed Reg. 80109-80208). The lengthy rule, titled "Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-1B Visas in Specialty Occupations and as Fashion Models; Labor Certification Process for Permanent Employment of Aliens in the United States," generally will take effect January 19, 2001
The rule further clarifies that, in some cases, it is a violation of the wage obligations if an H-1B worker is required to reimburse or pay for attorney fees or other costs associated with the preparation and filing of the H-1B petition. Such payments are allowed only if the H-1Bs wage rate less these payments is greater than the required wage rate as listed on the LCA. If such payments would cause the H-1B's wages to fall below the required rate, they are prohibited. An H-1B may, however, be required to pay for certain costs, not considered the employer's expense, in connection with obtaining the H-1B visa. These include translation and visa fees.
http://pubweb.fdbl.com/news1.nsf/d3d98eadd391e98486256aa90014645f/c93cb749b8d8eb65852569bd00730824?OpenDocument
On December 20, 2000, the Department of Labor (DOL) published interim finalregulations pertaining to H-1B Labor Condition Applications (LCAs) and implementing the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) (65 Fed Reg. 80109-80208). The lengthy rule, titled "Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-1B Visas in Specialty Occupations and as Fashion Models; Labor Certification Process for Permanent Employment of Aliens in the United States," generally will take effect January 19, 2001
The rule further clarifies that, in some cases, it is a violation of the wage obligations if an H-1B worker is required to reimburse or pay for attorney fees or other costs associated with the preparation and filing of the H-1B petition. Such payments are allowed only if the H-1Bs wage rate less these payments is greater than the required wage rate as listed on the LCA. If such payments would cause the H-1B's wages to fall below the required rate, they are prohibited. An H-1B may, however, be required to pay for certain costs, not considered the employer's expense, in connection with obtaining the H-1B visa. These include translation and visa fees.
kaushik07
10-30 02:46 PM
Hello Jsb, can you please give us more information on how to sign on for the Ombudsman's conference call for nov2nd.
amoldc
10-30 02:08 PM
Hi My Application alongwith my wife and daughter reached NSC on July 2 and signed by J. Barett. Till date (Oct 30 - 2007) I have not received any information. Its over 4 months and whenever I call USCIS they are asking me to wait. I think my application is lost.
My lawyer had sent 25 applications in one packet 22 of them got receipts except the three for me, my wife and daughter.
Will I be able to refile? Lawyer has Fedex Receipt....
My lawyer had sent 25 applications in one packet 22 of them got receipts except the three for me, my wife and daughter.
Will I be able to refile? Lawyer has Fedex Receipt....
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