dpp
06-04 02:45 PM
hi, based on my wife's experience(for H4 based on my H1B) they didn't give the I-94 valid till the full 3 years. They rather gave only for 2 years. Hence saying so.
Yah, may be yours is a peculiar case. But it won't happen like that always. If it happens to be like that, then you can ask the officer right away to give it to my the end date there on latest approval. Sometimes they are lazy, try to give to the date there on visa stamp only. But if you insist and show the latest approval, then will do it or if he/she can check other officers there and give it to the end date there on latest approval. It all depend on us and we need to check it properly and make sure that they are putting correct info.
For one of my friend, they gave few more days after the date on approval. So, they can put any date on I-94, if they want to. There is nothing wrong. It is upto the Port of entry officer.
Yah, may be yours is a peculiar case. But it won't happen like that always. If it happens to be like that, then you can ask the officer right away to give it to my the end date there on latest approval. Sometimes they are lazy, try to give to the date there on visa stamp only. But if you insist and show the latest approval, then will do it or if he/she can check other officers there and give it to the end date there on latest approval. It all depend on us and we need to check it properly and make sure that they are putting correct info.
For one of my friend, they gave few more days after the date on approval. So, they can put any date on I-94, if they want to. There is nothing wrong. It is upto the Port of entry officer.
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kondur_007
09-24 01:30 PM
Hi,
I have received an EAD (I-140 Approved) for future employment through a company that I never worked for. Can I use AC21 to port the GC process to the current employer? Does the current employer need to file a new LC/140?
Please let me know. Thanks for your help.
I am assuming that your I 485 is pending for more than 180 days and I 140 is approved with an employer who you never worked for. You are working for different employer on EAD and want to use AC21 to continue working for that employer:
THIS MAY BE A PROBLEM.
When you never worked for GC sponsoring employer, USCIS can raise the question of actual existance of the job position ever. Burden of proof will fall on you and your GC sponsoring employer that "There was a position for real and it was offered to you and you intended to work indefinitely for that position upon approval of GC". This is difficult to prove if you NEVER worked for that position. This may become grounds for denial of 485 and also may create problems in future (at the time of naturalization).
I would advise you to get a good advise from a competent attorney (it is money worth spent). Starting a new GC process with the new employer may be a safer option, but it may mean several years. Another option is to wait for GC and then upon approval of GC work for the sponsoring employer for at least some time.
Good Luck.
I have received an EAD (I-140 Approved) for future employment through a company that I never worked for. Can I use AC21 to port the GC process to the current employer? Does the current employer need to file a new LC/140?
Please let me know. Thanks for your help.
I am assuming that your I 485 is pending for more than 180 days and I 140 is approved with an employer who you never worked for. You are working for different employer on EAD and want to use AC21 to continue working for that employer:
THIS MAY BE A PROBLEM.
When you never worked for GC sponsoring employer, USCIS can raise the question of actual existance of the job position ever. Burden of proof will fall on you and your GC sponsoring employer that "There was a position for real and it was offered to you and you intended to work indefinitely for that position upon approval of GC". This is difficult to prove if you NEVER worked for that position. This may become grounds for denial of 485 and also may create problems in future (at the time of naturalization).
I would advise you to get a good advise from a competent attorney (it is money worth spent). Starting a new GC process with the new employer may be a safer option, but it may mean several years. Another option is to wait for GC and then upon approval of GC work for the sponsoring employer for at least some time.
Good Luck.
Prashant
01-22 07:30 PM
Thank you IV,
I really appreciate u folks whatever be the outcome ....
Thank you once again.
I really appreciate u folks whatever be the outcome ....
Thank you once again.
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gg_ny
02-16 10:06 AM
Sorry I was busy doing my work and hence could not immediately answer your questions on hypothetical situations and some wrong conclusions.
FBI check for visa (H1 and L1) is different from what you get when you apply for GC (consular or AOS). While you are patiently (!) waiting for more from the other 257 people to answer you, please check some USCIS documents.
One has to be thankful that these two screenigns are different because there are people stuck for years in this step when they apply for GC.
Like somebody said, good luck!
I've been thinking about this for a while. Typically, it takes more time in average to obtain a green card through adjustment of status (I-485) than going through consular processing. Here's the part I don't understand! Both applicabts have to pass FBI name check. Those who use I-485 are already in the U.S. and that means they have gone through FBI name check once they applied for a visa at an American consulate/embassy to enter the U.S. under any visa category. Therefore, their background has been checked once and should be less questionable than those who go through consular processing and it's the first time FBI is conducting a name check on them. Now, how is it possible that I-485 applicants have to go through hell to get their green cards while consular processing applicants feel the heat of a green card in their hands much sooner?
FBI check for visa (H1 and L1) is different from what you get when you apply for GC (consular or AOS). While you are patiently (!) waiting for more from the other 257 people to answer you, please check some USCIS documents.
One has to be thankful that these two screenigns are different because there are people stuck for years in this step when they apply for GC.
Like somebody said, good luck!
I've been thinking about this for a while. Typically, it takes more time in average to obtain a green card through adjustment of status (I-485) than going through consular processing. Here's the part I don't understand! Both applicabts have to pass FBI name check. Those who use I-485 are already in the U.S. and that means they have gone through FBI name check once they applied for a visa at an American consulate/embassy to enter the U.S. under any visa category. Therefore, their background has been checked once and should be less questionable than those who go through consular processing and it's the first time FBI is conducting a name check on them. Now, how is it possible that I-485 applicants have to go through hell to get their green cards while consular processing applicants feel the heat of a green card in their hands much sooner?
more...
desi3933
03-05 12:24 PM
There is a sudden change of plan. My company wants me in US for two months - March 15 - May 15. Then i have to go back to India till Dec 09 and come back to join work from Jan 2010. My questions -
1. Will i be facing any questions at the immigration (point of entry) when i come back on Jan 2010?
2. Any other situation or scenario that i should be aware of?
3. If i receive pay check for just two months in 09, will there be a problem when i file taxes for 2009?
4. How long can i stay outside US on a H1b visa?
Thanks a lot.
The key question is - what you will be doing in India during the period you are out of US? Will you be working in Indian subsidiary of your employer?
1. Will i be facing any questions at the immigration (point of entry) when i come back on Jan 2010?
2. Any other situation or scenario that i should be aware of?
3. If i receive pay check for just two months in 09, will there be a problem when i file taxes for 2009?
4. How long can i stay outside US on a H1b visa?
Thanks a lot.
The key question is - what you will be doing in India during the period you are out of US? Will you be working in Indian subsidiary of your employer?
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overseas
10-09 03:36 PM
The whole problem is where should I send my AP application to ?? :confused:
It depends on the state you live in. Please go through the AP filing instructions. There it is clearly mentioned.
Download "Download Instructions for completing Form I-131" at the below link and you can find the information in page 7.
USCIS - Application for Travel Document (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=dd346d26d17df110VgnVCM1000004718190a RCRD)
It depends on the state you live in. Please go through the AP filing instructions. There it is clearly mentioned.
Download "Download Instructions for completing Form I-131" at the below link and you can find the information in page 7.
USCIS - Application for Travel Document (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=dd346d26d17df110VgnVCM1000004718190a RCRD)
more...
hersheygaile
09-09 06:23 PM
HELP!!!i'm confuse!i entered here in the US as a tourist visa last year oct 2008.my 1-94 lapsed last april 30, 2009 but i'm still here in the US because i have a pending immigrant petition as a nurse and my lawyer said i could stay until 180 days which will end on oct 2009. I was filed as h1b for non profit organization last sept 1 as a dietitian on premium processing. My employer told me to just wait for my notice of receipt and approval in 15 days.My question is that it will be possible for the USCIS to approve me because technically i am now out of status but i do have until October to stay here because of my 180 days. I need some answers to clear up my mind.
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kevinkris
12-05 05:20 PM
You are too fast ;-)
This looks good..
Green card will be giving for the people can help USA by serving army as doctors, nurses, transilators etc. Requirement is 2 year legal stay in USA.
See the link.http://news.yahoo.com/s/ap/20081205/ap_on_go_ca_st_pe/military_recruiting
This looks good..
Green card will be giving for the people can help USA by serving army as doctors, nurses, transilators etc. Requirement is 2 year legal stay in USA.
See the link.http://news.yahoo.com/s/ap/20081205/ap_on_go_ca_st_pe/military_recruiting
more...
GotGC??
01-20 09:11 PM
...of LC cases, by PD and category. Goes to show how scary the situation is without increase of visa numbers....just I-485 is a good first step, but there is a looooong way to go.
Date NON-RIR RIR TOTAL
Dec-97 760 54 814
Jan-98 925 22 947
Feb-98 29 4 33
Mar-98 48 5 53
Apr-98 42 1 43
May-98 35 1 36
Jun-98 43 3 46
Jul-98 36 1 37
Aug-98 36 3 39
Sep-98 33 3 36
Oct-98 60 3 63
Nov-98 34 1 35
Dec-98 34 6 40
Jan-99 36 2 38
Feb-99 34 3 37
Mar-99 42 2 44
Apr-99 42 3 45
May-99 49 11 60
Jun-99 38 6 44
Jul-99 35 5 40
Aug-99 43 8 51
Sep-99 38 8 46
Oct-99 68 7 75
Nov-99 49 27 76
Dec-99 57 25 82
Jan-00 43 49 92
Feb-00 44 20 64
Mar-00 59 18 77
Apr-00 55 33 88
May-00 69 21 90
Jun-00 112 19 131
Jul-00 87 24 111
Aug-00 67 35 102
Sep-00 46 39 85
Oct-00 62 48 110
Nov-00 65 100 165
Dec-00 65 103 168
Jan-01 143 120 263
Feb-01 353 266 619
Mar-01 1018 544 1562
Apr-01 11502 11982 23484
May-01 180 966 1146
Jun-01 104 1089 1193
Jul-01 94 1213 1307
Aug-01 107 1389 1496
Sep-01 92 1052 1144
Oct-01 141 1186 1327
Nov-01 78 799 877
Dec-01 70 809 879
Jan-02 47 805 852
Feb-02 48 935 983
Mar-02 46 1352 1398
Apr-02 84 1614 1698
May-02 196 1942 2138
Jun-02 73 1660 1733
Jul-02 88 1905 1993
Aug-02 46 1822 1868
Sep-02 85 1836 1921
Oct-02 92 1833 1925
Nov-02 71 1856 1927
Dec-02 93 2404 2497
Jan-03 60 2202 2262
Feb-03 70 2155 2225
Mar-03 75 2216 2291
Apr-03 147 2231 2378
May-03 90 2140 2230
Jun-03 46 2100 2146
Jul-03 87 2207 2294
Aug-03 129 2089 2218
Sep-03 181 2013 2194
Oct-03 71 1796 1867
Nov-03 96 1065 1161
Dec-03 130 1329 1459
Jan-04 94 861 955
Feb-04 118 842 960
Mar-04 116 449 565
Apr-04 92 388 480
May-04 47 353 400
Jun-04 43 283 326
Jul-04 17 253 270
Aug-04 13 144 157
Sep-04 5 9 14
TOTAL 19998 69227 89225
Yesterday after a long time I was reading the Labor cert section on immigrationportal.com. I havent felt the need to read that section since my LC was approved in October 2005.
I was amazed at the number of EB3 cases being approved with PD's in 01 and 02 as well as EB2 cases in 02 and 03.
No doubt dates arent moving. More and more ppl are choking the pipeline. We are screwed if numbers arent increased.
Date NON-RIR RIR TOTAL
Dec-97 760 54 814
Jan-98 925 22 947
Feb-98 29 4 33
Mar-98 48 5 53
Apr-98 42 1 43
May-98 35 1 36
Jun-98 43 3 46
Jul-98 36 1 37
Aug-98 36 3 39
Sep-98 33 3 36
Oct-98 60 3 63
Nov-98 34 1 35
Dec-98 34 6 40
Jan-99 36 2 38
Feb-99 34 3 37
Mar-99 42 2 44
Apr-99 42 3 45
May-99 49 11 60
Jun-99 38 6 44
Jul-99 35 5 40
Aug-99 43 8 51
Sep-99 38 8 46
Oct-99 68 7 75
Nov-99 49 27 76
Dec-99 57 25 82
Jan-00 43 49 92
Feb-00 44 20 64
Mar-00 59 18 77
Apr-00 55 33 88
May-00 69 21 90
Jun-00 112 19 131
Jul-00 87 24 111
Aug-00 67 35 102
Sep-00 46 39 85
Oct-00 62 48 110
Nov-00 65 100 165
Dec-00 65 103 168
Jan-01 143 120 263
Feb-01 353 266 619
Mar-01 1018 544 1562
Apr-01 11502 11982 23484
May-01 180 966 1146
Jun-01 104 1089 1193
Jul-01 94 1213 1307
Aug-01 107 1389 1496
Sep-01 92 1052 1144
Oct-01 141 1186 1327
Nov-01 78 799 877
Dec-01 70 809 879
Jan-02 47 805 852
Feb-02 48 935 983
Mar-02 46 1352 1398
Apr-02 84 1614 1698
May-02 196 1942 2138
Jun-02 73 1660 1733
Jul-02 88 1905 1993
Aug-02 46 1822 1868
Sep-02 85 1836 1921
Oct-02 92 1833 1925
Nov-02 71 1856 1927
Dec-02 93 2404 2497
Jan-03 60 2202 2262
Feb-03 70 2155 2225
Mar-03 75 2216 2291
Apr-03 147 2231 2378
May-03 90 2140 2230
Jun-03 46 2100 2146
Jul-03 87 2207 2294
Aug-03 129 2089 2218
Sep-03 181 2013 2194
Oct-03 71 1796 1867
Nov-03 96 1065 1161
Dec-03 130 1329 1459
Jan-04 94 861 955
Feb-04 118 842 960
Mar-04 116 449 565
Apr-04 92 388 480
May-04 47 353 400
Jun-04 43 283 326
Jul-04 17 253 270
Aug-04 13 144 157
Sep-04 5 9 14
TOTAL 19998 69227 89225
Yesterday after a long time I was reading the Labor cert section on immigrationportal.com. I havent felt the need to read that section since my LC was approved in October 2005.
I was amazed at the number of EB3 cases being approved with PD's in 01 and 02 as well as EB2 cases in 02 and 03.
No doubt dates arent moving. More and more ppl are choking the pipeline. We are screwed if numbers arent increased.
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Carlau
11-17 10:04 AM
I don't think that anyone minds that you discuss this, but for that you should pick this area http://immigrationvoice.org/forum/forumdisplay.php?f=16 that has a little bit of everything and comments about current events.
more...
vikram2101
08-02 05:34 PM
Can people share their experience with same day counter passport collection from the vfs courier center at Chennai.
Reason I ask is, I and my wife have a 9AM appointment on 14th August. And Aug 15th being a holiday on account of India's Independence Day. Since we have to be in US on the 16th August to file for I485, getting the visa on the 16th would be too late. Therefore, it's critical that we collect the passport the same day.
Is anyone else in a similar situation? Should I inform the consular of our same night travel plans or is that ill-advised?
thanks
Reason I ask is, I and my wife have a 9AM appointment on 14th August. And Aug 15th being a holiday on account of India's Independence Day. Since we have to be in US on the 16th August to file for I485, getting the visa on the 16th would be too late. Therefore, it's critical that we collect the passport the same day.
Is anyone else in a similar situation? Should I inform the consular of our same night travel plans or is that ill-advised?
thanks
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sagar_nyc
08-15 11:28 AM
Ramesh,
Try to get as much info about this acquisition. I was in simillar situation. Company I used to work with got acquired by another company. and that time our labor was pending. We had to start process all over again and end up losing our two year of PD, because New company was located in different state. their tax id was different etc.
My advice to you is consult with good attorney.
Here is my situation:
My sponsoring company 'A' was acquired by company 'B' last month and name changed to company 'B' with B's pay stubs.
Am on H1 now and i applied my 485 in August 2007 with 140 approved in May 2007.
Company B informed me that they informed USCIS regarding the acquisition(i don't what they mean !!).
Questions:
1. How is my green card process proceeds with company 'B'? Should the company 'B' file I140 amendment or is there any thing they have to take care?
2. Can i join with company 'C' by invoking AC21?
Please share your thoughts and experiences.
Try to get as much info about this acquisition. I was in simillar situation. Company I used to work with got acquired by another company. and that time our labor was pending. We had to start process all over again and end up losing our two year of PD, because New company was located in different state. their tax id was different etc.
My advice to you is consult with good attorney.
Here is my situation:
My sponsoring company 'A' was acquired by company 'B' last month and name changed to company 'B' with B's pay stubs.
Am on H1 now and i applied my 485 in August 2007 with 140 approved in May 2007.
Company B informed me that they informed USCIS regarding the acquisition(i don't what they mean !!).
Questions:
1. How is my green card process proceeds with company 'B'? Should the company 'B' file I140 amendment or is there any thing they have to take care?
2. Can i join with company 'C' by invoking AC21?
Please share your thoughts and experiences.
more...
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LookingForGC
01-25 06:35 PM
Oh man, i was really interested to see the post after looking the title, but :)
Take your time...
Take your time...
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Sakthisagar
05-19 10:40 AM
No offence here.
There might be some Education evaluation when You first came to US, use that evaluation here too.
I have a question regarding this (no offense here, may be my ignorence)
for H1B. the minimum qualification asked for is Bachelors Degree and expereince. How come you entered US without a Bachelors from india.
There might be some Education evaluation when You first came to US, use that evaluation here too.
I have a question regarding this (no offense here, may be my ignorence)
for H1B. the minimum qualification asked for is Bachelors Degree and expereince. How come you entered US without a Bachelors from india.
more...
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new2gc
02-16 01:56 PM
These time- pass threads are better than EB2 Vs EB3 threads.
If you are passing time on IV website...sorry.. either you may be a dumb .... who doesn't know what mess you are in (per your id EB3-Nov5) or an even more dumb anti guy...it is as simple as that... Since you are ignorant..I don't want to argue any further with you...
If you are passing time on IV website...sorry.. either you may be a dumb .... who doesn't know what mess you are in (per your id EB3-Nov5) or an even more dumb anti guy...it is as simple as that... Since you are ignorant..I don't want to argue any further with you...
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royus77
06-16 06:26 PM
you can maintain dual status .
Have couple of questions .
1) What is the status of dependents in the above case ?WIll they still be on H4 or Adjustment of status( After applying 485/EAD and before getting the approval of EAD)
Have couple of questions .
1) What is the status of dependents in the above case ?WIll they still be on H4 or Adjustment of status( After applying 485/EAD and before getting the approval of EAD)
more...
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Dhundhun
08-09 12:52 PM
11. All the files are stacked. IOs are making best effort to pick files from bottom. However stretching full arm (fishing) is not able to reach 2004 cases, instead 2005 or 2006 cases comes in hand.
12. 2004 cases are supposed to be at bottom. But because of Name Check, Infopass, etc. they are not in their expected locations. So later cases are being picked.
12. 2004 cases are supposed to be at bottom. But because of Name Check, Infopass, etc. they are not in their expected locations. So later cases are being picked.
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roseball
11-29 12:55 PM
Saurav,
I also noticed the same. On 11/25, there was a new LUD on my case. But again on 11/27 I had new LUD and this time I received a email from USCIS that my card has been ordered. But my wife's status is as it is, her LUD is still 11/25.
Hope this helps.
Nothing to worry.....Thats what happened to one of my friends too...Primary applicant's status changed to card production ordered and no change on spouse's application...But a couple of days later both applications changed to welcome letter sent...So hang in there for a bit and congratulations...
I also noticed the same. On 11/25, there was a new LUD on my case. But again on 11/27 I had new LUD and this time I received a email from USCIS that my card has been ordered. But my wife's status is as it is, her LUD is still 11/25.
Hope this helps.
Nothing to worry.....Thats what happened to one of my friends too...Primary applicant's status changed to card production ordered and no change on spouse's application...But a couple of days later both applications changed to welcome letter sent...So hang in there for a bit and congratulations...
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willIWill
06-16 12:54 PM
Vinzak, You have to take into consideration the recaptured visas of the 90's applied in the period 00-06. If I remember correctly the earlier recapture was signed in 2000 by Pres. Clinton . If we exclude those recaptured numbers the actuals are much lesser. Hope this helps.
GCcomesoon
05-05 11:21 AM
Hi
I was under the impression that there would be some talks about the discussed bills on floor this week.I see no signs of any debate or any discussion.I have some read some posts saying that nothing would happen this year. This really confuses me as I had & I think many of us had hopes that coming weeks would decide something.
I would appreciate if someone could give everyone very clear picture of what going on ?
Thanks
GCcomesoon
I was under the impression that there would be some talks about the discussed bills on floor this week.I see no signs of any debate or any discussion.I have some read some posts saying that nothing would happen this year. This really confuses me as I had & I think many of us had hopes that coming weeks would decide something.
I would appreciate if someone could give everyone very clear picture of what going on ?
Thanks
GCcomesoon
Ramba
07-25 04:40 PM
Very easy. No need to file new 485 or CP. Interfile, by sending the copy of new 140 approval notice to your pending 485. Requset them to consider your latest approved Eb2-140 as a underlying immigrart visa petition for your pending 485. Ofcourse, you need a latest employment offer letter from the original sponser when requesting the change.
However, this may require aggressive follow up with USCIS.
However, this may require aggressive follow up with USCIS.
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