krishnam70
05-05 04:37 PM
No reason to deny your 7th year H1 extension based on the fact that it is for a different role. It DOESNT have to be "same or similar" for this case.
But the "same or similar" comes into picture for your 485 approval. Well........ at that time ... if the original LC position is still available for you permanently, no issues.
What happens to the GC petition? I guess that is probably also Amit's concern in the long term
- cheers
kris
But the "same or similar" comes into picture for your 485 approval. Well........ at that time ... if the original LC position is still available for you permanently, no issues.
What happens to the GC petition? I guess that is probably also Amit's concern in the long term
- cheers
kris
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immilaw
09-14 12:44 PM
Normally the consulate in Canada or Mexico will only entertain an application if the person graduated from a school in the US. The reason being that they can verify the genuineness of the education which is not possible in a situation where the person went to a school in a different country. But if you are already in the US in H-1B status and have a H-1B visa in the passport then you have a better chance of getting a visa.
krishnam70
05-05 04:37 PM
No reason to deny your 7th year H1 extension based on the fact that it is for a different role. It DOESNT have to be "same or similar" for this case.
But the "same or similar" comes into picture for your 485 approval. Well........ at that time ... if the original LC position is still available for you permanently, no issues.
What happens to the GC petition? I guess that is probably also Amit's concern in the long term
- cheers
kris
But the "same or similar" comes into picture for your 485 approval. Well........ at that time ... if the original LC position is still available for you permanently, no issues.
What happens to the GC petition? I guess that is probably also Amit's concern in the long term
- cheers
kris
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uslegals
11-11 01:45 PM
I just read the instructions for E-filing of AP. This is what it says -
Who is Not Eligible to e-File This Form:
You are not eligible to electronically file this form if:
You have a pending I-485, Application to Register Permanent Residence Status or Adjust Status currently at a USCIS office and you are eligible to file the I-131 for no additional fee.
Does that mean that only if your 485 application is @ a local office. My 485 is @ NBC, Biometrics is next week. I was told by my attorney that my application will then be transferred to local office for a interview. Don't know when though. Am i still eligible to E-file. Would appreciate any advice.
Thanks !
Who is Not Eligible to e-File This Form:
You are not eligible to electronically file this form if:
You have a pending I-485, Application to Register Permanent Residence Status or Adjust Status currently at a USCIS office and you are eligible to file the I-131 for no additional fee.
Does that mean that only if your 485 application is @ a local office. My 485 is @ NBC, Biometrics is next week. I was told by my attorney that my application will then be transferred to local office for a interview. Don't know when though. Am i still eligible to E-file. Would appreciate any advice.
Thanks !
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pappu
12-05 04:59 PM
BharatPremi,
No offense, but why have you opened 2 threads with very similar information and questions?
Your other thread about soft lud updates (http://immigrationvoice.org/forum/showthread.php?t=15916) is very similar to this one. It's one thing to not search for similar threads and quite another to open 2 similar threads on the same topic.
After about 28 threads about LUD updates during the July VB Fiasco, we know by now that the USCIS approves cases ad-hoc and not everything is FIFO. We also know that LUD updates mean ABSOLUTELY nothing. Suddenly we have seen older I-140s getting soft LUD updates. It means absolutely NOTHING. I know it is a bitter pill to swallow, coz ur heart is telling you that MAAAAYYBE there is something here, but unfortunately there is nothing there.
You are right. LUDs can be misleading and do not give accurate info on what is happening to the case. In the absence of info, people make do with whatever little info they can get. I was recently speaking with a member and he told me that people even congratulate each other when they have LUDs. :D
No offense, but why have you opened 2 threads with very similar information and questions?
Your other thread about soft lud updates (http://immigrationvoice.org/forum/showthread.php?t=15916) is very similar to this one. It's one thing to not search for similar threads and quite another to open 2 similar threads on the same topic.
After about 28 threads about LUD updates during the July VB Fiasco, we know by now that the USCIS approves cases ad-hoc and not everything is FIFO. We also know that LUD updates mean ABSOLUTELY nothing. Suddenly we have seen older I-140s getting soft LUD updates. It means absolutely NOTHING. I know it is a bitter pill to swallow, coz ur heart is telling you that MAAAAYYBE there is something here, but unfortunately there is nothing there.
You are right. LUDs can be misleading and do not give accurate info on what is happening to the case. In the absence of info, people make do with whatever little info they can get. I was recently speaking with a member and he told me that people even congratulate each other when they have LUDs. :D
anilsal
07-17 10:39 AM
Here is my classic quote:
Please accept my sincere "Shame on You" compliment, if you fit all of the following:
a) Have a IV membership ID on the forums.
b) Been visiting IV forums in the last 1-12 months.
c) Have not contributed a single penny to the IV cause. [MOST IMPORTANT]
d) Will be benefited from IV work.
I wonder how you can live with yourself benefiting from the sweat of others.
To rectify this, please contribute asap. :)
Please accept my sincere "Shame on You" compliment, if you fit all of the following:
a) Have a IV membership ID on the forums.
b) Been visiting IV forums in the last 1-12 months.
c) Have not contributed a single penny to the IV cause. [MOST IMPORTANT]
d) Will be benefited from IV work.
I wonder how you can live with yourself benefiting from the sweat of others.
To rectify this, please contribute asap. :)
more...
EBGreenCard
07-16 12:01 PM
I personally think it�s true specially for FB AOS applicants where no intermediate step like EAD and AP between visitor�s visa and final approval. It may also be true for EB AOS applicants where EAD hasn�t been issued and H1 extension hasn�t filled.
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rajuram
04-04 07:55 PM
here is the correct link:
http://www.goinglobal.com/countries/India/india_visa.asp
http://www.goinglobal.com/countries/India/india_visa.asp
more...
ssksubash
09-30 02:29 PM
Thank you all for your suggestions. I was wondering if some one had more info in case the perm gets denied.
Thanks,
Thanks,
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Positive
04-30 09:10 AM
For any reasonable immigration reform to pass, politicians need an urgency to act. That urgency comes only from an imminent threat to their sitting offices - beyond party lines.
People who are stuck in the immigration process should do a better job in uniting and in working with registered voters so that the issue of immigration reform is a concern for any incumbent elected official.
No one approach is perfect but undocumented workers do a better job in connecting with their community and letting their voices heard than so called "skilled immigrant" community. Our silence makes CIR amnesty and will be dead on arrival.
People who are stuck in the immigration process should do a better job in uniting and in working with registered voters so that the issue of immigration reform is a concern for any incumbent elected official.
No one approach is perfect but undocumented workers do a better job in connecting with their community and letting their voices heard than so called "skilled immigrant" community. Our silence makes CIR amnesty and will be dead on arrival.
more...
GCWaiter03
07-27 12:51 PM
Friends,
Finally my 485 is approved,
" On July 26, 2007, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS"
Long wait is over....
I thank IV core members and all others for their efforts and information.
Case details
EB3 - India
PD - Nov2003
RD - Aug 2004
Approved - 7/26/2007
RFE - Birth Certificate and 325, Yes replied last Sept.
ajkastar, Where did you filed your i-485. Is it NSC?
Mine is also in the same range of PD and RD, But I filed in NSC.
Thanks,
GCWaiter03
Finally my 485 is approved,
" On July 26, 2007, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS"
Long wait is over....
I thank IV core members and all others for their efforts and information.
Case details
EB3 - India
PD - Nov2003
RD - Aug 2004
Approved - 7/26/2007
RFE - Birth Certificate and 325, Yes replied last Sept.
ajkastar, Where did you filed your i-485. Is it NSC?
Mine is also in the same range of PD and RD, But I filed in NSC.
Thanks,
GCWaiter03
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Rajkrish9
10-30 11:07 PM
Hi All,
I need urgent help and suggestions for my situations..
I have been working with company A since March'2006. They applied my GC processing with substitute labor of Nov'2004 and got I-140 approved.
In July'2007 applied I-485 which is pending for myself and my wife as well.
EAD card has arrived recently with 2 years of validity till Oct'2010 both for myself and my wife. AP is also approved recently.
With all this I am still on H1-B until 11/15/2008. Since it is going to expire, I have asked my employer to file for my extension.. They came up with very vague options and questions which I have posted down in bold with 1 and 2.
1) We have filed your PERM application for the new position which qualifies for EB2. Please note that since you have an approved I-140, have filed your I-485 and have an EAD card, we will no longer need to maintain your H-1B status. Instead, we will withdraw your current H1 and save the remaining H-1B time left on this H1 for use in the future (if the need arises).
OR
2) If you wish to maintain your H-1B status, then (since your position has changed and we have filed a new PERM application on your behalf), we will need to amend your H-1B visa. Please complete the attached questionnaire at your earliest convenience and revert to me with a copy of your latest I-94 card. Please note that this is not an extension and so there is no need to file the H4 extension for your wife/family.
Please advise which option you want to go with. I strongly recommend option #1, but it is entirely your choice if you want to go with option # 2 and maintain your H-1B status. Please let me know how you want to proceed with your H-1B status.
If anybody come acrossed similiar type of situation or experienced already let me know and this would really help in taking the decision.
It's very emergency..
Thanks,
Raj.
I need urgent help and suggestions for my situations..
I have been working with company A since March'2006. They applied my GC processing with substitute labor of Nov'2004 and got I-140 approved.
In July'2007 applied I-485 which is pending for myself and my wife as well.
EAD card has arrived recently with 2 years of validity till Oct'2010 both for myself and my wife. AP is also approved recently.
With all this I am still on H1-B until 11/15/2008. Since it is going to expire, I have asked my employer to file for my extension.. They came up with very vague options and questions which I have posted down in bold with 1 and 2.
1) We have filed your PERM application for the new position which qualifies for EB2. Please note that since you have an approved I-140, have filed your I-485 and have an EAD card, we will no longer need to maintain your H-1B status. Instead, we will withdraw your current H1 and save the remaining H-1B time left on this H1 for use in the future (if the need arises).
OR
2) If you wish to maintain your H-1B status, then (since your position has changed and we have filed a new PERM application on your behalf), we will need to amend your H-1B visa. Please complete the attached questionnaire at your earliest convenience and revert to me with a copy of your latest I-94 card. Please note that this is not an extension and so there is no need to file the H4 extension for your wife/family.
Please advise which option you want to go with. I strongly recommend option #1, but it is entirely your choice if you want to go with option # 2 and maintain your H-1B status. Please let me know how you want to proceed with your H-1B status.
If anybody come acrossed similiar type of situation or experienced already let me know and this would really help in taking the decision.
It's very emergency..
Thanks,
Raj.
more...
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jonty_11
07-11 02:44 PM
Yes. Its simple math. But if it was 10K visas a year, then why did they have to jump forward by more than 2 yrs? Nobody knows how USCIS works internally. The math that v have and the one that they have differ a lot and unexpected things (for good or bad) happen all the time.
in 1999-2000 ISNAmerica group was formed by immigrants affected by backlogs...it dissipated with the AC21 rule being passed...I hope and pray that immigrationvoice does not go away like that... We need a permanent entity to fight not just the unjust laws of the land but also anti immi groups - who want to close the door behind them.
in 1999-2000 ISNAmerica group was formed by immigrants affected by backlogs...it dissipated with the AC21 rule being passed...I hope and pray that immigrationvoice does not go away like that... We need a permanent entity to fight not just the unjust laws of the land but also anti immi groups - who want to close the door behind them.
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JunRN
12-18 04:57 PM
Thanks for the link. It is really very helpful.
That is another risk of AC21. Remember that AC21 is just a rule and can be changed anytime. For example, the current AC21 rule is not requiring proof of ability to pay of the new employer. What if in the future they change the rules of the game and you are in the middle of it, you found out that your new employer is not cooperating regarding sending documents, etc.
Darn, am I stupid or what? I felt am I just chicken or am I just being wise?
Probable change in AC21 rules are these additional requirements:
1. New employer's ability to pay
2. New LC for the same occupation
The more we talk of using AC21 even before 180 days, the more USCIS will suspect of fraud.
That is another risk of AC21. Remember that AC21 is just a rule and can be changed anytime. For example, the current AC21 rule is not requiring proof of ability to pay of the new employer. What if in the future they change the rules of the game and you are in the middle of it, you found out that your new employer is not cooperating regarding sending documents, etc.
Darn, am I stupid or what? I felt am I just chicken or am I just being wise?
Probable change in AC21 rules are these additional requirements:
1. New employer's ability to pay
2. New LC for the same occupation
The more we talk of using AC21 even before 180 days, the more USCIS will suspect of fraud.
more...
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Ramba
08-13 10:55 AM
Hi All,
I have a very starge situation. I have an approved I-140 based on PERM LC - EB3 -India with PD of Jan 2006.
Before July 07, my company substituted me for LC Sub with PD of Jan 2003 and did the I-485 filing based on this pending LC Sub.
(Guys...please dont jump on me for using LC SUB...I work for a one of the biggest tech companies with 60000 employees for 6 years and its their policy to do LC Sub for their employees..i didn't buy the LCs through consulting or some one...). I got EAD renewals, AP etc...Since my LC Sub I-140 is beyond its processing dates, my attorney filed a AILA request and got a reponse saying
"The AILA Liaison committee member working on your case reviewed the petition with an I-140 senior officer at USCIS. It appears that the employee that had the original labor certification application adjusted his status based on the labor certification. Unfortunately, this means that the labor cert and priority date cannot be used for your green card application."
But, they also mentioned that "Your AOS that is pending will continue to be active based on your own approved I-140. This was verified by CIS in their response to our inquiry"
Question 1: My attorney said its an unofficial USCIS/AILA determination. Howmuch to rely on this AILA/USCIS unofficial determination? Because, Still, USCIS case status shows my I-140 is pending. Should i wait until the decision comes on my case?
Question 2: My understanding is that, if the LC is already used, then my LC Sub I-140 will be denied... if the I-140 is denied then the I-485 will also be denied..is it correct?
Question 3: If my above understanding is correct, then how will my AOS will continue to be active based on my original I-140 if my AOS was files uding pending LC Sub-I140? Is it true or they lawyer is giving me a fake answer? I thought you can only change underlying I-140, only if the new I-140s dates are current..in my case Jan 2006 date is not current.....
Please give me your thoughts...I would really appreciate your help...
Whatever response you got from the AILa may be true. If the first employee got GC through that LC (by AC21), you cannot get second one and even you can not port the PD. In nutshell, one LC cannot produce two 140 or 2 GC. You may be lucky, instead of denying your 485, the uscis perhaps replaced underlying first I-140 (LC sub) by your second approved (original) I-140 with PD 2006. Dont rely on web case status check.
I have a very starge situation. I have an approved I-140 based on PERM LC - EB3 -India with PD of Jan 2006.
Before July 07, my company substituted me for LC Sub with PD of Jan 2003 and did the I-485 filing based on this pending LC Sub.
(Guys...please dont jump on me for using LC SUB...I work for a one of the biggest tech companies with 60000 employees for 6 years and its their policy to do LC Sub for their employees..i didn't buy the LCs through consulting or some one...). I got EAD renewals, AP etc...Since my LC Sub I-140 is beyond its processing dates, my attorney filed a AILA request and got a reponse saying
"The AILA Liaison committee member working on your case reviewed the petition with an I-140 senior officer at USCIS. It appears that the employee that had the original labor certification application adjusted his status based on the labor certification. Unfortunately, this means that the labor cert and priority date cannot be used for your green card application."
But, they also mentioned that "Your AOS that is pending will continue to be active based on your own approved I-140. This was verified by CIS in their response to our inquiry"
Question 1: My attorney said its an unofficial USCIS/AILA determination. Howmuch to rely on this AILA/USCIS unofficial determination? Because, Still, USCIS case status shows my I-140 is pending. Should i wait until the decision comes on my case?
Question 2: My understanding is that, if the LC is already used, then my LC Sub I-140 will be denied... if the I-140 is denied then the I-485 will also be denied..is it correct?
Question 3: If my above understanding is correct, then how will my AOS will continue to be active based on my original I-140 if my AOS was files uding pending LC Sub-I140? Is it true or they lawyer is giving me a fake answer? I thought you can only change underlying I-140, only if the new I-140s dates are current..in my case Jan 2006 date is not current.....
Please give me your thoughts...I would really appreciate your help...
Whatever response you got from the AILa may be true. If the first employee got GC through that LC (by AC21), you cannot get second one and even you can not port the PD. In nutshell, one LC cannot produce two 140 or 2 GC. You may be lucky, instead of denying your 485, the uscis perhaps replaced underlying first I-140 (LC sub) by your second approved (original) I-140 with PD 2006. Dont rely on web case status check.
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ThackeG67
08-08 07:56 PM
Definitely illegal..that must be taken into legal action.
more...
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quizzer
07-05 09:52 PM
Anything is possible with USCIS!!!
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div_bell_2003
01-09 04:40 PM
USCIS will give you 2 years EAD if there is no visa available for you i.e. if your PD is currently retrogressed, although we got 2 years EAD in August 08 when our PD was current, which gave me a fair enough reason to believe the "no visa left for EB2 I/C" news that was floating around then :)
What conditions to be met for getting 2 years renewal? Anyone...
I am about to send my package to lawyer for AP/EAD renewal, URGENT!
What conditions to be met for getting 2 years renewal? Anyone...
I am about to send my package to lawyer for AP/EAD renewal, URGENT!
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tikka
05-25 10:22 AM
Please send the Web Fax.
It takes only a minute.
Thank you
It takes only a minute.
Thank you
gcformeornot
03-24 06:00 PM
How come h1 transfer gives me the solution?
do you mean to say goto any employer whoever gets job?
Start New GC process again with new employer. And since your old 140 is approved port your PD when when you file new 140 with new employer.
do you mean to say goto any employer whoever gets job?
Start New GC process again with new employer. And since your old 140 is approved port your PD when when you file new 140 with new employer.
Sugar
07-10 11:53 AM
Why AILA not suing State Dept. or USCIS for other issues... read a letter posted by someone in a forum
To AILF/AILA,
I appreciate your effort in filing lawsuit on behalf of July I-485 filers.
There are several critics on your July I-485 lawsuit. They criticize that you are doing for the benefit of your members (AILA). Definitely, your members will be benefited by huge amount of legal fees. Also, the critic says it is waste of time.
Even one of your reputed member (Rajiv Khanna @ immigration.com) posted in his website that chance of winning the law suit is very minimum.
He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."
Why you cannot sue for the people who struck at Consulate due to administrative process without probable cause.
Several of them working in U.S (they have proof of employment, pay stubs, worked in the U.S on H1B visa for many years) just went to their home country for short vacation and applied for visa; they have rented house in the U.S and unable to break the lease; unable to pay car dues; their U.S citizen children also held overseas; they are loosing their jobs. State department is holding these visa application for more than a year in several cases.
What steps AILA has taken in this issue. If not, why you are not aware of this issue or why you are not giving importance. Do you think this issue will not bring such a huge legal fee like I-485 lawsuit?
To AILF/AILA,
I appreciate your effort in filing lawsuit on behalf of July I-485 filers.
There are several critics on your July I-485 lawsuit. They criticize that you are doing for the benefit of your members (AILA). Definitely, your members will be benefited by huge amount of legal fees. Also, the critic says it is waste of time.
Even one of your reputed member (Rajiv Khanna @ immigration.com) posted in his website that chance of winning the law suit is very minimum.
He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."
Why you cannot sue for the people who struck at Consulate due to administrative process without probable cause.
Several of them working in U.S (they have proof of employment, pay stubs, worked in the U.S on H1B visa for many years) just went to their home country for short vacation and applied for visa; they have rented house in the U.S and unable to break the lease; unable to pay car dues; their U.S citizen children also held overseas; they are loosing their jobs. State department is holding these visa application for more than a year in several cases.
What steps AILA has taken in this issue. If not, why you are not aware of this issue or why you are not giving importance. Do you think this issue will not bring such a huge legal fee like I-485 lawsuit?
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