santb1975
02-15 11:39 AM
Folks, We need participation for our So.Cal event this sunday. We targeted sending a 1000 letters from our group. However we only sent 21 letters so far and we have long ways to go to reach our goal. I strongly beleive we can achieve our target if every member of our group comes forward and paticipates in this Action Item. We have 135 members in our group and I strongly believe we can achieve our goal as a team.
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dilbert_cal
04-27 12:37 PM
for_gc
PDs are typically recaptured at I-140 stage. Since your EB2 140 is already approved, you cannot use this process.
But I believe there is another state at which you can recapture PD. i.e. @485 stage. You would need to talk to your lawyer - or search for it in immigration forums. If say EB2 dates are current for your EB3 PD , you can file 485 and with that application itself submit the EB3 140 approval AND ask for PD transfer. One of our lawyers had once commented you can port PD at either 140 or 485 stage - we never followed up on the 485 part as we all wanted to keep it safe and at 140 stage. Check with your lawyer and you still have a good chance.
PDs are typically recaptured at I-140 stage. Since your EB2 140 is already approved, you cannot use this process.
But I believe there is another state at which you can recapture PD. i.e. @485 stage. You would need to talk to your lawyer - or search for it in immigration forums. If say EB2 dates are current for your EB3 PD , you can file 485 and with that application itself submit the EB3 140 approval AND ask for PD transfer. One of our lawyers had once commented you can port PD at either 140 or 485 stage - we never followed up on the 485 part as we all wanted to keep it safe and at 140 stage. Check with your lawyer and you still have a good chance.
vinnysuru
04-01 10:16 AM
Yes I was called for an in person interview and after the interview was told that the case is approvable. All the checks have been done and I just need a visa # to get the GC. I do not know how and why I was called for interview but I was the amonst the day 1 filer in July 2007. My application had reached on Jul 2 2007.
Here is the answer! Your filing date was July2, 07. If you filed with NSC, in Feb they had moved their processing dates to July 18th. So your case was assigned to officer for review and he called for interview!.
Then he made a decision: Case approvable pending visa availability!
Hope that helps!
Here is the answer! Your filing date was July2, 07. If you filed with NSC, in Feb they had moved their processing dates to July 18th. So your case was assigned to officer for review and he called for interview!.
Then he made a decision: Case approvable pending visa availability!
Hope that helps!
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Sath thesmilingstar
02-25 08:10 PM
I understand your mother filed for I-140, but did she also file your I-485 and advance parole? If so, as soon as you get your AP, leave the country and return..as a Parolee. Then apply for FAFSA..
so does this mean that i cannot apply with my is i-140 pending..??
so does this mean that i cannot apply with my is i-140 pending..??
more...
TeddyKoochu
01-06 10:11 AM
Hey Teddy,
During you process for porting from EB3 to EB2 did you:
1. Do this within the same organization after getting your advanced degree?
2. Did you have to file for a new PERM and start from the begineeing under EB2?
3. Were you successfully able to port your PD or did you start with a new PD under EB2?
Hi Harry mine was an EB2 case to begin with, no porting. Only this is my timing was not correct and I missed the Jul 07 window, the labor filing took way too long. So kind of in the same boat as you, trying to find legal avenues to upgrade to EB1. Let�s wait for some advice to come by. Looking at your case as well I believe that EB1-A is the only option.
During you process for porting from EB3 to EB2 did you:
1. Do this within the same organization after getting your advanced degree?
2. Did you have to file for a new PERM and start from the begineeing under EB2?
3. Were you successfully able to port your PD or did you start with a new PD under EB2?
Hi Harry mine was an EB2 case to begin with, no porting. Only this is my timing was not correct and I missed the Jul 07 window, the labor filing took way too long. So kind of in the same boat as you, trying to find legal avenues to upgrade to EB1. Let�s wait for some advice to come by. Looking at your case as well I believe that EB1-A is the only option.
paskal
12-19 06:26 PM
MN/Midwestern members, please note time and date
more...
onemorecame
08-21 04:14 PM
There were twobiometrics. One was with initial application (probably Nov/Dec 2005) and another was in May 2007 when the first one expired (FP is valid for 15 months).
are you in EB2?
are you in EB2?
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gc_chahiye
02-10 06:24 PM
Weigh in with % raise and take decision. If its around 15%-20% raise with
good benefits etc then move..
cheers
Iad
the spouse is the primary applicant. The OP is dependent/secondary applicant
OP can take even a 3000% raise, change jobs to a completely unrelated field, do whatever he/she wants to do, whenever he/she wants to.
good benefits etc then move..
cheers
Iad
the spouse is the primary applicant. The OP is dependent/secondary applicant
OP can take even a 3000% raise, change jobs to a completely unrelated field, do whatever he/she wants to do, whenever he/she wants to.
more...
sriramkalyan
05-18 11:28 AM
I am scared to death .. I have EAD ...hELP .. cAN I WORK FOR 2 COMPANIES.
Can i move around the jobs ..Please i can't sleep ... all night i am just peeeeing.
Looosers
Can i move around the jobs ..Please i can't sleep ... all night i am just peeeeing.
Looosers
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fromnaija
07-18 06:19 PM
I have couple of questions, couldn't find answers in other threads.
1. My I485 was filed on July 6th, 2007 (PD Oct, 2005) without EAD/AP (since my lawyer was expecting a rejection). Now, he will apply for EAD/AP, and cannot do it until we get a receipt for AOS, which will probably take more than a month. Given this, I'll be applying for EAD possibly in August end. Is this a blessing in disguise, as, I'll have to pay new fees for EAD, which would mean, I won't have to renew that EAD every year?? Am I correct in this assumption?
Wrong! Yes, you will be the new fee but then you will pay the same fee each year you renew your EAD. No fee payment only applies if you file your I-485 with the new fee structure.
2. My spouse's AOS was filed with mine as dependent. She has a H1 of her own and is working. Now, after the I485 receipt comes back, if she leaves her job, will she be in status (or does she need to move to H4? I'll stay on H1 and won't invoke EAD unless necessary). My understanding is, with the receipt, she is in status no matter what (unless the I485 gets denied).
TIA.
If you are not planning on using EAD and she won't either then she needs to change status to H4.
1. My I485 was filed on July 6th, 2007 (PD Oct, 2005) without EAD/AP (since my lawyer was expecting a rejection). Now, he will apply for EAD/AP, and cannot do it until we get a receipt for AOS, which will probably take more than a month. Given this, I'll be applying for EAD possibly in August end. Is this a blessing in disguise, as, I'll have to pay new fees for EAD, which would mean, I won't have to renew that EAD every year?? Am I correct in this assumption?
Wrong! Yes, you will be the new fee but then you will pay the same fee each year you renew your EAD. No fee payment only applies if you file your I-485 with the new fee structure.
2. My spouse's AOS was filed with mine as dependent. She has a H1 of her own and is working. Now, after the I485 receipt comes back, if she leaves her job, will she be in status (or does she need to move to H4? I'll stay on H1 and won't invoke EAD unless necessary). My understanding is, with the receipt, she is in status no matter what (unless the I485 gets denied).
TIA.
If you are not planning on using EAD and she won't either then she needs to change status to H4.
more...
kumarh1b
01-22 04:16 PM
Hi,
My H1B extension got denied, I have n't got the denial notice yet. Can someone please advice what options do i have with out going out of status? and how long i can stay in this country?. My current I94 expired in sept 2009.
Please advice.
My H1B extension got denied, I have n't got the denial notice yet. Can someone please advice what options do i have with out going out of status? and how long i can stay in this country?. My current I94 expired in sept 2009.
Please advice.
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sparky_jones
02-03 02:44 PM
Documentation informing the USCIS of your having utilized AC21 benefits isn't necessary, but is a proactive measure usually taken to have a clean slate on the applicant's part.
It is true that in a majority of the cases the AC21 documentation might never reach the applican't 485 file, but in an unforeseen circumstance such as the denial of one's 485 based on 140 revocation (which, as we know isn't very uncommon) and matters reaching an immigration court, proof that one had taken proactive steps and gone out of one's way to inform the USCIS might make one's case stronger and thus make it easier to have the case reopened.
I was fortunate enough to not have to make that decision -whether to send AC21 documentation or not, the attorneys (Fragomen) representing the new employer recommended sending it making it easy for me.
Just my 2 cents,
I agree...sending the AC21 documentation to satisfy the "burden of proof" in extenuating circumstances, should they arise, is justifiable, as long as the applicant does not assume that the AC21 documentation will indeed be attached to their 485 file, and thus they won't get an employment-related RFE. Send the AC21 (and do it on your own, unless you have spare money to spend on a lawyer), but also keep in mind that sending the AC21 is not a legal requirement, and there is no guarantee that it will prevent USCIS from asking you to prove that you have a job that meets the certified labor at some time in the future.
It is true that in a majority of the cases the AC21 documentation might never reach the applican't 485 file, but in an unforeseen circumstance such as the denial of one's 485 based on 140 revocation (which, as we know isn't very uncommon) and matters reaching an immigration court, proof that one had taken proactive steps and gone out of one's way to inform the USCIS might make one's case stronger and thus make it easier to have the case reopened.
I was fortunate enough to not have to make that decision -whether to send AC21 documentation or not, the attorneys (Fragomen) representing the new employer recommended sending it making it easy for me.
Just my 2 cents,
I agree...sending the AC21 documentation to satisfy the "burden of proof" in extenuating circumstances, should they arise, is justifiable, as long as the applicant does not assume that the AC21 documentation will indeed be attached to their 485 file, and thus they won't get an employment-related RFE. Send the AC21 (and do it on your own, unless you have spare money to spend on a lawyer), but also keep in mind that sending the AC21 is not a legal requirement, and there is no guarantee that it will prevent USCIS from asking you to prove that you have a job that meets the certified labor at some time in the future.
more...
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jonty_11
08-13 06:40 PM
just read teh 3rd post above urs...phew!!! that was tiring wasnt it...
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pdakwala
06-26 12:20 PM
There is expected to be another vote on Thursday evening to move towards limiting the debate on the Bill and a final vote is expected to be by Friday.
The bill have got more than 60 votes on the cloture motion. Under the "CLAY PIGEON" maneuver the likelyhood of this bill passing from the senate is very high. In order for this bill to pass it needs only 51 votes.
So IV membes please get ready for the fight. We will need members to be active for next few days and weeks. May be months.
The bill have got more than 60 votes on the cloture motion. Under the "CLAY PIGEON" maneuver the likelyhood of this bill passing from the senate is very high. In order for this bill to pass it needs only 51 votes.
So IV membes please get ready for the fight. We will need members to be active for next few days and weeks. May be months.
more...
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H1BLegal95
05-30 01:19 PM
According to this bill in current form the nonimmigrant should have filed for an immigration peition and the petition should be pending for > 365 days. If not he wont qualify for an extension.
However nothing is said about if the I140 process itself will continue when the H1 leaves the country (provide employer is still wants the H1b) and he can file for an extension after his I 140 is approved?
My H1 is due for renewal in Sep 2007. My I140 was filed in Feb 2007. So they wont give me a H1 extension to Sep 2008 since my I140 is pending < 365 days ??
However nothing is said about if the I140 process itself will continue when the H1 leaves the country (provide employer is still wants the H1b) and he can file for an extension after his I 140 is approved?
My H1 is due for renewal in Sep 2007. My I140 was filed in Feb 2007. So they wont give me a H1 extension to Sep 2008 since my I140 is pending < 365 days ??
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bmoni
01-28 06:28 PM
First thing, call one of the high powered attorneys discuss with them what options you have.
I think there is a recent court ruling that will favor you in fighting the USCIS decisions.
This is the first time we're (I'm) seeing such a denial notice related to the recent memo. So who ever thinks this is just a memo or USCIS reiterating existing rules. Rethink your stand. I'm sure more people will wake up soon.
Keep up the hope. Don't wait if possible try to apply for another new H1B.
Thanks for posting the denial notice. I feel your pain. Again don't lose your hope keep up the fight. If you hear any updates please do post them.
I think there is a recent court ruling that will favor you in fighting the USCIS decisions.
This is the first time we're (I'm) seeing such a denial notice related to the recent memo. So who ever thinks this is just a memo or USCIS reiterating existing rules. Rethink your stand. I'm sure more people will wake up soon.
Keep up the hope. Don't wait if possible try to apply for another new H1B.
Thanks for posting the denial notice. I feel your pain. Again don't lose your hope keep up the fight. If you hear any updates please do post them.
more...
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gauravster
12-03 09:25 AM
One more thing that you might look into is the vacations that you hae taken. Generally speaking, if you spend time outside the US, you can exclude that time from the H1B 6 year limit. So if you took an average of 2 week vacation every year, you could get about 12 additional weeks. So your H1B would expire closer to Dec end, instead of 30 Sep.
You might need to provide documentation to prove this though. The additional time might be valuable nevertheless.
You might need to provide documentation to prove this though. The additional time might be valuable nevertheless.
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dealsnet
03-31 05:46 PM
The OP (MORON) is a fake. He is promoting some Taliban type groups. India will not take any one without passport or embassy out passes. If he went to India without these, he will be in JAIL. If something wrong, USA will not send out any one.
DON'T MAKE AS A FOOL, DEAR FRIEND.
PLAY APRIL FOOL WITH YOUR TALIBAN FRIENDS. NOT WITH IV MEMBERS.
HERE EVERY ONE IS HIGHLY QUALIFIED AND NOT A FOOL LIKE YOU AND YOUR STUPID SATANIC IDEOLOGIES.
I wonder why his/her handle is "webPromo"??? hmm... promoting "something" on the web...:D.
DON'T MAKE AS A FOOL, DEAR FRIEND.
PLAY APRIL FOOL WITH YOUR TALIBAN FRIENDS. NOT WITH IV MEMBERS.
HERE EVERY ONE IS HIGHLY QUALIFIED AND NOT A FOOL LIKE YOU AND YOUR STUPID SATANIC IDEOLOGIES.
I wonder why his/her handle is "webPromo"??? hmm... promoting "something" on the web...:D.
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dixie
01-25 04:52 PM
First of all, everyone on this forum knows that Bush was never the obstacle for skilled immigrants - his restrictionist partymen in congress are the problem. So what purpose does this story serve and how in the wide world is this "promising"? We have been hearing such "promising news" for the last year now with nothing actually happening.
TOI makes it sound as if Bush is dispatching Air Force 1 to India for a planeload of skilled desis and will issue them US passports at the port of entry.
http://timesofindia.indiatimes.com/Bush_wants_more_young_Indian_minds_in_United_State s/articleshow/1461553.cms
This is very promising and can help our IV team to press on for relief provisions for Skilled workers already here.
Good luck to us all.
TOI makes it sound as if Bush is dispatching Air Force 1 to India for a planeload of skilled desis and will issue them US passports at the port of entry.
http://timesofindia.indiatimes.com/Bush_wants_more_young_Indian_minds_in_United_State s/articleshow/1461553.cms
This is very promising and can help our IV team to press on for relief provisions for Skilled workers already here.
Good luck to us all.
sroyc
11-09 01:24 AM
I think they are talking about the number of receipts that were issued in September, not the number of AOS filings.
why more filers in Sept than June? I thought most PDs were better in June than in Sept...
why more filers in Sept than June? I thought most PDs were better in June than in Sept...
sachug22
12-10 02:31 PM
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