travellertvr
03-22 01:38 PM
I entered in the US on November 30, 2009 with H1-B visa valid till September 19, 2011, but passport expiration date was January 3, 2010. Customs and Border Protection officer put January 3, 2010 expiration date on my I-94. On December 11, 2009 I received new passport valid till December 11, 2014, but I-94 date has never been changed.
I�ve applied for Green Card in 2010, labor certification has been approved on July 26, 2010, I-140 filed on November 16, 2010. My priority date is June 7, 2010.
The lawyer I�m working with on my Green Card noticed that I was out of status in June, 2010. She suggested extension of H-1B visa. This was done, and my new H-1B dates are 10/18/2010 till 01/03/2013.
According to my lawyer, new H-1B returned me back in status and working legally in the US, but it didn�t solve the problem of being out of status more than 180 days. And if I leave US now, there will be 3 year ban to enter back.
Please advise if that�s correct and if there is any solution to this problem? If I leave US now, will I be banned 3 years to enter, even though my H1-B and I-94 now have all valid dates?
I�ve applied for Green Card in 2010, labor certification has been approved on July 26, 2010, I-140 filed on November 16, 2010. My priority date is June 7, 2010.
The lawyer I�m working with on my Green Card noticed that I was out of status in June, 2010. She suggested extension of H-1B visa. This was done, and my new H-1B dates are 10/18/2010 till 01/03/2013.
According to my lawyer, new H-1B returned me back in status and working legally in the US, but it didn�t solve the problem of being out of status more than 180 days. And if I leave US now, there will be 3 year ban to enter back.
Please advise if that�s correct and if there is any solution to this problem? If I leave US now, will I be banned 3 years to enter, even though my H1-B and I-94 now have all valid dates?
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theshiningsun
02-24 03:50 AM
this is what i know
since I-140 is approved and I-485 is pending for more than 6 months therefore employer withdrawing I-140 will hv no effect on GC process
u can get copy of I-140 approval by filing FOIA rqst but it takes about 4-5 months
again, this is what i know but i am not a lawyer, pls consult an attorney b4 any action
btw how does ur employer expect that u not go to another company if u r going to lose ur job with him?
since I-140 is approved and I-485 is pending for more than 6 months therefore employer withdrawing I-140 will hv no effect on GC process
u can get copy of I-140 approval by filing FOIA rqst but it takes about 4-5 months
again, this is what i know but i am not a lawyer, pls consult an attorney b4 any action
btw how does ur employer expect that u not go to another company if u r going to lose ur job with him?
imh1b
06-01 01:04 PM
The idea is good, but who will work on it and why? Where are all the people who want it? Most people already have EADs.
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gc070922
12-19 05:15 PM
Husband + Wife - 1 Application
Wife - Seperate Appln. ( Will do follow to join incase by chance the first one gets stuck
I'm thinking of doing the samething. Have you received receipts of both sets of applications? How about finger prints? Did you mention the earlier one in the later one, for the question "have you applied before" on the i485?
Thanks in advance.
Wife - Seperate Appln. ( Will do follow to join incase by chance the first one gets stuck
I'm thinking of doing the samething. Have you received receipts of both sets of applications? How about finger prints? Did you mention the earlier one in the later one, for the question "have you applied before" on the i485?
Thanks in advance.
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eeezzz
03-06 02:34 PM
I'll urge people from especially from California and Texas send out the letters and call up their lawmakers...Despite the Anti-immigrant climate prevailing in the country, congresswoman Zoe Logfren was able to get her bill passed on wednesday....If we can proove to them that we are not asking new green card numbers and not ask for recapturing green card numbers, they'll certainly hear us, but we need to speak up...
The words in red and bold is the right direction for a solution.
When there's a "NOT" in front of it, it is no longer a correct direction.
The words in red and bold is the right direction for a solution.
When there's a "NOT" in front of it, it is no longer a correct direction.
aries
09-24 09:26 PM
Hi All,
NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.
Thanks!
NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.
Thanks!
more...
vishwak
08-13 10:51 AM
History:
Question for fellow IV members :
By merely renewing my wife's H4, while she was still working on EAD, did she automatically get switched to H4?
Can someone shed some light on this: Am I right or wrong?
Does this affect her or mine, pending 485/AOS ?
Hmmm.....I think she is not supposed to work when on H4. As always status in US is taken by 2 ways.
Either Change of Status in US or Status when you enter/re-enter to US.
As your wife recent was change of Status in US which was H4. She is not supposed to work. But I believe lot of people work and there might not be an impact on your AOS.
Lets wait until Experts speak.......
Question for fellow IV members :
By merely renewing my wife's H4, while she was still working on EAD, did she automatically get switched to H4?
Can someone shed some light on this: Am I right or wrong?
Does this affect her or mine, pending 485/AOS ?
Hmmm.....I think she is not supposed to work when on H4. As always status in US is taken by 2 ways.
Either Change of Status in US or Status when you enter/re-enter to US.
As your wife recent was change of Status in US which was H4. She is not supposed to work. But I believe lot of people work and there might not be an impact on your AOS.
Lets wait until Experts speak.......
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IVFOREVER
03-26 04:42 PM
EB2 will stay the same as April 08 VB.
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martinvisalaw
11-25 01:10 PM
I can't really answer your question without more details, but here are some factors to consider:
1. You can adjust status using a section of the Immigration and Nationality Act (INA) called 245k if you did not violate status for more than 180 days between your last lawful entry to the US and filing the 485. If you were in lawful status when the 485 was filed, or hadn't violated it for over 180 days, you may be OK.
2. You cannot stay in status by "piggybacking" one filing on another pending filing. Therefore, if your H-1B status #1 expired, #2 was pending and meanwhile your employer filed H-1B #3, the #3 does not keep you in status.
I hope this helps.
1. You can adjust status using a section of the Immigration and Nationality Act (INA) called 245k if you did not violate status for more than 180 days between your last lawful entry to the US and filing the 485. If you were in lawful status when the 485 was filed, or hadn't violated it for over 180 days, you may be OK.
2. You cannot stay in status by "piggybacking" one filing on another pending filing. Therefore, if your H-1B status #1 expired, #2 was pending and meanwhile your employer filed H-1B #3, the #3 does not keep you in status.
I hope this helps.
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sevenm
12-09 02:09 PM
The fiscal year starts in October 2007. Although you can apply from April 1, 2007 you can start working on October 1, 2007. You have to maintain legal status until October 1. Yor apllication for H1B does not guarantee you legal status before october 1.
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Anders �stberg
April 16th, 2004, 05:42 PM
The first one looks like some kind of space ship cruising through space gas.
Hmm, anyone know how to Photoshop some people into a bubble? :)
Hmm, anyone know how to Photoshop some people into a bubble? :)
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GCwaitforever
05-26 10:36 PM
Guy, we can send a small hand written card to our senators and to QGA(if we are thankful enough). Thi is what I'm going to do:cool:
Amen to that.
Amen to that.
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eb3_nepa
11-10 12:27 AM
And shat exactly is the point of this discussion again? More ranting?
You know, maybe few people have noticed this, but when it comes to selecting the "lawyer", you have to pay, if you want your own lawyer. A lot of ppl are very happy that the company pays. So people want their cake and eat it too. They want the company to pay for the lawyer, BUT BUT they want the lawyer to work for them and even let them, when they can leave the employer without negatively affecting their GC process.
The problem is not just the lawyers or the HR ppl guys. The problem is also partly US. If we were to insist that WE pay for the process and we hire our own lawyers, we would have a LOT more control on the process. However, I understand that not all of us have that option, but then those of us who do not have that option, have to thank their stars that they did not end up paying close to $10K for this whole process. Face the facts guys, if your company is paying ur lawyer, ur lawyer is working for them NOT you. Your company and NOT you is the lawyer's client, so he is LEGALLY REQUIRED to serve them and NOT you.
We curse the USCIS everyday (I do too), but we have to admit, they have done an EXCELLENT job these past few months and almost everyone I know has received their EADs, APs and FP notices within the stipulated 90 day period. Let us commend the USCIS for that. We criticized and cursed them when the the time had come to do so. Now they have done a good job so let us commend them for it. Some USCIS centers are even doing actual finger printing on Saturdays (in the state of CT. My friend actually did his on a Saturday). They do not have to do any of this, BUT THEY ARE DOING IT.
About HR, again we all hate them, but they do the best they can. Ah what the heck i'll give you guys this one ;) Go ahead curse away :p. Although I will say this, some HR ppl are rather helpful. I have worked for 2 companies and touch wood both helped me a lot with paperwork and were quite prompt.
You know, maybe few people have noticed this, but when it comes to selecting the "lawyer", you have to pay, if you want your own lawyer. A lot of ppl are very happy that the company pays. So people want their cake and eat it too. They want the company to pay for the lawyer, BUT BUT they want the lawyer to work for them and even let them, when they can leave the employer without negatively affecting their GC process.
The problem is not just the lawyers or the HR ppl guys. The problem is also partly US. If we were to insist that WE pay for the process and we hire our own lawyers, we would have a LOT more control on the process. However, I understand that not all of us have that option, but then those of us who do not have that option, have to thank their stars that they did not end up paying close to $10K for this whole process. Face the facts guys, if your company is paying ur lawyer, ur lawyer is working for them NOT you. Your company and NOT you is the lawyer's client, so he is LEGALLY REQUIRED to serve them and NOT you.
We curse the USCIS everyday (I do too), but we have to admit, they have done an EXCELLENT job these past few months and almost everyone I know has received their EADs, APs and FP notices within the stipulated 90 day period. Let us commend the USCIS for that. We criticized and cursed them when the the time had come to do so. Now they have done a good job so let us commend them for it. Some USCIS centers are even doing actual finger printing on Saturdays (in the state of CT. My friend actually did his on a Saturday). They do not have to do any of this, BUT THEY ARE DOING IT.
About HR, again we all hate them, but they do the best they can. Ah what the heck i'll give you guys this one ;) Go ahead curse away :p. Although I will say this, some HR ppl are rather helpful. I have worked for 2 companies and touch wood both helped me a lot with paperwork and were quite prompt.
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girishvar
08-15 12:48 PM
As long as your DOL job code is same or similar between your approved labor and new job you will be ok.
Hello Gurus,
This is my first post. I had filed 485/140 in Aug. 2007. 140 got approved this March 2008. I donot have pay stub for last 3 months. I am looking for change. My labor is a substituted one( PD 2004). It has skills mentioned of Oracle EBS. I am working on Java/J2EE. I am looking for a new Job with Java/J2EE skills. I am worried that my new offer letter with Java skills mentioned would create a problem for me.
Please Gurus, can you advice me as to whether I can do that? Will staying on bench create a problem, as I donot get salary on bench.
Please help me.:confused::confused::confused:
Hello Gurus,
This is my first post. I had filed 485/140 in Aug. 2007. 140 got approved this March 2008. I donot have pay stub for last 3 months. I am looking for change. My labor is a substituted one( PD 2004). It has skills mentioned of Oracle EBS. I am working on Java/J2EE. I am looking for a new Job with Java/J2EE skills. I am worried that my new offer letter with Java skills mentioned would create a problem for me.
Please Gurus, can you advice me as to whether I can do that? Will staying on bench create a problem, as I donot get salary on bench.
Please help me.:confused::confused::confused:
more...
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jscris
July 15th, 2004, 03:27 PM
Those are wonderful, Anders! They should make up for quite a few days without great shots. :)
And thanks, QJ. I wish I could figure out how to make money at this. ;)
Janet
And thanks, QJ. I wish I could figure out how to make money at this. ;)
Janet
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bondgoli007
07-17 03:13 PM
Response from my Fragommen paralegal:
1.Typically how long does DOL take to response to an Audit? Approximately 4 to 7 months.
2.What kind of response can we expect? Will it be an approval or a further Audit? Unknown. We may receive an approval or we may receive a 2nd audit.
3. What % of cases get a further audit after a response is filed to an initial Audit? Every case is different, so can't provide you with a percentage.
I was audited on 6/09 and Fragommen responded on 6/30...No response so far and I have emailed my Fragommen paralegal the following questions;
1. Typically how long does DOL take to respond to an Audit?
2. What kind of response can I expect? Will it be an approval or a further Audit?
3. What % of cases get a further audit after a response is filed to an initial Audit?
I will send out a response when I hear from him.
Side question: Is my Priority date the date when PERM was applied or the date the PERM will be approved?
Thanks.
1.Typically how long does DOL take to response to an Audit? Approximately 4 to 7 months.
2.What kind of response can we expect? Will it be an approval or a further Audit? Unknown. We may receive an approval or we may receive a 2nd audit.
3. What % of cases get a further audit after a response is filed to an initial Audit? Every case is different, so can't provide you with a percentage.
I was audited on 6/09 and Fragommen responded on 6/30...No response so far and I have emailed my Fragommen paralegal the following questions;
1. Typically how long does DOL take to respond to an Audit?
2. What kind of response can I expect? Will it be an approval or a further Audit?
3. What % of cases get a further audit after a response is filed to an initial Audit?
I will send out a response when I hear from him.
Side question: Is my Priority date the date when PERM was applied or the date the PERM will be approved?
Thanks.
more...
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lecter
February 2nd, 2004, 11:49 PM
I have no direct knowledge, but I amsure there are those that do. I'd be surprised if it doesn't work, but I know in Canons case there are certainlenses that need some sort of "re-chipping". Before you buy I'd certainly take it into the shop and try it out and check the EXIF info that it produces (most likely place it will fail, or omit data)
Dunno if that helps.
Rob
I am looking forward to this camera hitting the streets, another excellent sub $1,000 camera is sure to put the competition on notice. I love competition (unless I am bidding.. hehe)
Rob
Dunno if that helps.
Rob
I am looking forward to this camera hitting the streets, another excellent sub $1,000 camera is sure to put the competition on notice. I love competition (unless I am bidding.. hehe)
Rob
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schandra
11-25 09:10 AM
Febperm, I just did a search in google "USCIS Appeal bachelor" and I got those decisions based on bachelor degree concern.
I demanded for a copy of the Appeal from the lawyer and the company also agreed. In that my lawyer firstly argued Bachelor of Commerce (3yrs) and NIIT qualifies for 4 year US Bachelor, so I should be granted the I-140 based on EB3 "Professional" Category.
Secondly, If USCIS does not agree with Bachelor or equiv based on my education, they also argued that based on the the experience in the same field, I should be granted based on EB3 "Skilled" labor category, thus making case to approve labor in that category.
Becausee it is difficult to convince USCIS that 3yrs Bach or India and NIIT diploma would be considered under Professional Category, I think in my case, I have a chance to get it approved on the basis of "Skilled" Labor.
But i think one has to be mindful to ensure the language of the appeal should be in-line to the labor certification, any inconsistencies makes it difficult to argue as seen in the link i attached in my previous post.
What I would like to know is, what are our options if they Deny the appeal (for cases in Appeal in EB3 and not on EB2).
I demanded for a copy of the Appeal from the lawyer and the company also agreed. In that my lawyer firstly argued Bachelor of Commerce (3yrs) and NIIT qualifies for 4 year US Bachelor, so I should be granted the I-140 based on EB3 "Professional" Category.
Secondly, If USCIS does not agree with Bachelor or equiv based on my education, they also argued that based on the the experience in the same field, I should be granted based on EB3 "Skilled" labor category, thus making case to approve labor in that category.
Becausee it is difficult to convince USCIS that 3yrs Bach or India and NIIT diploma would be considered under Professional Category, I think in my case, I have a chance to get it approved on the basis of "Skilled" Labor.
But i think one has to be mindful to ensure the language of the appeal should be in-line to the labor certification, any inconsistencies makes it difficult to argue as seen in the link i attached in my previous post.
What I would like to know is, what are our options if they Deny the appeal (for cases in Appeal in EB3 and not on EB2).
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insbaby
07-17 11:01 AM
I recieved reply from consulate stating that I need to get PCC from US consulate as I have not being living in India for a long time therefore there is no use of getting PCC from local police station. Now anybody let me know if I fly to SFO they would give my PCC with in a day or would take time ??/
If you are holdng a Passport issued by other than SF Consulate:
* If applying at the counter in-person, 30 business days or on receipt of clearance from Passport Issuing Authority concerned, whichever is earlier
*If applying by mail, 30 business days, excluding time taken in mail, or on receipt of clearance from Passport Issuing Authority concerned, whichever is earlier.
As it takes around 30 business days to issue PCC, you must submit photocopy of passport at the time of applying. As soon as the clearance is received from the Passport Issuing Authority concerned, you will be called (provided you have mentioned your telephone number in the application) to submit your original passport for stamping of PCC.
If you are holdng a Passport issued by SF Consulate:
Applying in person: Same day or latest by the next working day
Applying by mail: 10 (ten) business days excluding the time taken in mail
http://cgisf.org/misc/miscservices.html
If you are holdng a Passport issued by other than SF Consulate:
* If applying at the counter in-person, 30 business days or on receipt of clearance from Passport Issuing Authority concerned, whichever is earlier
*If applying by mail, 30 business days, excluding time taken in mail, or on receipt of clearance from Passport Issuing Authority concerned, whichever is earlier.
As it takes around 30 business days to issue PCC, you must submit photocopy of passport at the time of applying. As soon as the clearance is received from the Passport Issuing Authority concerned, you will be called (provided you have mentioned your telephone number in the application) to submit your original passport for stamping of PCC.
If you are holdng a Passport issued by SF Consulate:
Applying in person: Same day or latest by the next working day
Applying by mail: 10 (ten) business days excluding the time taken in mail
http://cgisf.org/misc/miscservices.html
food2006
08-11 09:58 PM
According to my knowledge both of u get should get seperate receipt copies individually for 3 different applications.
All,
I was wondering if the secondary applicant (Wife) will also be receiving a separate receipt numbers for her I-485, I-765 and I-131? She is currently on H4 and my lawyers told me that they received receipts only for me!!
Can some one please clarify this doubt?
I wanted to call USCIS to check the status of my wife's application. Before I call them I want to be sure enough that the dependents will also get receipt numbers.
Thanks
Raj
------------------------------
One time contribution $100
All,
I was wondering if the secondary applicant (Wife) will also be receiving a separate receipt numbers for her I-485, I-765 and I-131? She is currently on H4 and my lawyers told me that they received receipts only for me!!
Can some one please clarify this doubt?
I wanted to call USCIS to check the status of my wife's application. Before I call them I want to be sure enough that the dependents will also get receipt numbers.
Thanks
Raj
------------------------------
One time contribution $100
kurtz_wolfgang
08-14 11:39 PM
Hello Gurus,
This is my first post. I had filed 485/140 in Aug. 2007. 140 got approved this March 2008. I donot have pay stub for last 3 months. I am looking for change. My labor is a substituted one( PD 2004). It has skills mentioned of Oracle EBS. I am working on Java/J2EE. I am looking for a new Job with Java/J2EE skills. I am worried that my new offer letter with Java skills mentioned would create a problem for me.
Please Gurus, can you advice me as to whether I can do that? Will staying on bench create a problem, as I donot get salary on bench.
Please help me.:confused::confused::confused:
This is my first post. I had filed 485/140 in Aug. 2007. 140 got approved this March 2008. I donot have pay stub for last 3 months. I am looking for change. My labor is a substituted one( PD 2004). It has skills mentioned of Oracle EBS. I am working on Java/J2EE. I am looking for a new Job with Java/J2EE skills. I am worried that my new offer letter with Java skills mentioned would create a problem for me.
Please Gurus, can you advice me as to whether I can do that? Will staying on bench create a problem, as I donot get salary on bench.
Please help me.:confused::confused::confused:
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