hi_mkg
05-08 03:31 AM
I believe the same post sounds some what fishy, check this guys posts all the way back from 07 to till now.
posts (http://immigrationvoice.org/forum/search.php?searchid=1654575)
USCIS going all the way back to 1999, that too dependent's I-94 card which has a month expired.
Why on earth an attorney didn't suggested to use nunc pro trunc which facilitates saying person is maintaining legal status after the recent entry.
What is your problem mister? What will a person get here to post a fishy message? If you can not offer any help then it is better to read and ignore. Instead of hurting someones feeling. I guess you do not understand how does it feel when some one tells you " you will be thrown out from this country with in few days after spending 10 yrs here".
Any way Good luck to you for your GC!!! and I wish that you will not face this kind of pain of rejection.
Though, I'm really sorry to see such kind of arrogant and bad-mouth people in this forum.
posts (http://immigrationvoice.org/forum/search.php?searchid=1654575)
USCIS going all the way back to 1999, that too dependent's I-94 card which has a month expired.
Why on earth an attorney didn't suggested to use nunc pro trunc which facilitates saying person is maintaining legal status after the recent entry.
What is your problem mister? What will a person get here to post a fishy message? If you can not offer any help then it is better to read and ignore. Instead of hurting someones feeling. I guess you do not understand how does it feel when some one tells you " you will be thrown out from this country with in few days after spending 10 yrs here".
Any way Good luck to you for your GC!!! and I wish that you will not face this kind of pain of rejection.
Though, I'm really sorry to see such kind of arrogant and bad-mouth people in this forum.
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hersheygaile
09-10 03:34 AM
thanks i hope everything will be ok..one last question what are my chances to have a consular processing?of course i don't want to leave the country and issue my h1b there cause im already here.thanks
perm2gc
09-07 09:41 AM
Dont Advertise on the board and we are not doing call center jobs here to learn american accent.
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baburob2
06-04 02:00 PM
Hi,
My H1b visa stamp is of Company A with expiry date Dec 1, 2007.
I work for company B. I have gone back to India and came back with company B�s 1797 and company A�s visa stamp last year (October) without any issues. So we can come back on our previous H1 B visa stamp if we have a valid 797 with us at the port of entry.
My question is below.
Company B�s 797 is going to expire in Oct 24 2007 and I have to travel India during this time and will be entering USA again on November 11th 2007. I am soon going to apply for new 797 with 3 year extension with the same company (i.e B). Assuming I get the extension with 797 till Oct24 2010. Can I still enter USA(on Nov 11,2007) with the old H1B stamp pf company A (expiring on Dec 1,2007) and new 797 of company B(expiring on Oct 2010)
I am also going to talk to my lawyer regarding this. Just in case if someone has anything to share with me, I will appreciate it.
Thanks
To my knowledge you could do it. However make sure you travel out after the approval of your new H1B. But you might not be given I-94 till the end of 2010, they sometimes give it only for extra 2 years ie till 2009. HOwever plz check with your attorney.
My H1b visa stamp is of Company A with expiry date Dec 1, 2007.
I work for company B. I have gone back to India and came back with company B�s 1797 and company A�s visa stamp last year (October) without any issues. So we can come back on our previous H1 B visa stamp if we have a valid 797 with us at the port of entry.
My question is below.
Company B�s 797 is going to expire in Oct 24 2007 and I have to travel India during this time and will be entering USA again on November 11th 2007. I am soon going to apply for new 797 with 3 year extension with the same company (i.e B). Assuming I get the extension with 797 till Oct24 2010. Can I still enter USA(on Nov 11,2007) with the old H1B stamp pf company A (expiring on Dec 1,2007) and new 797 of company B(expiring on Oct 2010)
I am also going to talk to my lawyer regarding this. Just in case if someone has anything to share with me, I will appreciate it.
Thanks
To my knowledge you could do it. However make sure you travel out after the approval of your new H1B. But you might not be given I-94 till the end of 2010, they sometimes give it only for extra 2 years ie till 2009. HOwever plz check with your attorney.
more...
gcisadawg
06-25 11:05 PM
Hi,
I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.
I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.
My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.
Can any one suggest me on this?
Thanks
h12gc
Although you dont realize, in this case, you would be using AC21....Your I-140 is approved and I-485 pending for 180 days, and you are moving from your original GC sponsor to a different employer. That is AC21 for you! The part of law that allows you to port your GC from original GC sponsor to a different employer.
Think of this scenario. You work for Company A on H1/L1. Company B sponsors your GC. You join B after you get your GC. In this case, there is no Ac21 involved. But in your case, according to my understanding, you would be invoking AC21.
Thanks!
I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.
I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.
My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.
Can any one suggest me on this?
Thanks
h12gc
Although you dont realize, in this case, you would be using AC21....Your I-140 is approved and I-485 pending for 180 days, and you are moving from your original GC sponsor to a different employer. That is AC21 for you! The part of law that allows you to port your GC from original GC sponsor to a different employer.
Think of this scenario. You work for Company A on H1/L1. Company B sponsors your GC. You join B after you get your GC. In this case, there is no Ac21 involved. But in your case, according to my understanding, you would be invoking AC21.
Thanks!
gconmymind
09-12 06:00 PM
Hi,
I am applying for AP Renewal for myself and my wife. Can someone please send me the information on the following.
1. AP is expiring on September 20th. Can I file even after the expiry of the AP?
2. I am in AL.So, I need to be sending the application to Texas Service Center. But I am confused on where to send the documents? I will be sending by FedEx or UPS?
3. When I prepare the documents, do I enter Part 9, Signature of person preparing the form, if other than the application?
4. Last year our attorney filed the application and I have a copy of that application. I see "Notice of Entry of Appearance as Attorney or Representative" form. I am sure I dont have to file that now but do I need to do anything so that I get the receipt/approval notices instead of going to the Attorney Office?
Thank you.
I found paper filing easier than e-file. Even with e-filing, you still need to mail your pictures.
1. You can file AP even after the first one expires. But I filed for renewal 3 months before expiry.
2. AP form has the TSC address. I used USPS.
3. If you are the applicant, what is the need to sign Part 9? It is self-explanatory.
4. There is no Notice of Appearance form if you are representing yourself and doing a self-filing.
I am applying for AP Renewal for myself and my wife. Can someone please send me the information on the following.
1. AP is expiring on September 20th. Can I file even after the expiry of the AP?
2. I am in AL.So, I need to be sending the application to Texas Service Center. But I am confused on where to send the documents? I will be sending by FedEx or UPS?
3. When I prepare the documents, do I enter Part 9, Signature of person preparing the form, if other than the application?
4. Last year our attorney filed the application and I have a copy of that application. I see "Notice of Entry of Appearance as Attorney or Representative" form. I am sure I dont have to file that now but do I need to do anything so that I get the receipt/approval notices instead of going to the Attorney Office?
Thank you.
I found paper filing easier than e-file. Even with e-filing, you still need to mail your pictures.
1. You can file AP even after the first one expires. But I filed for renewal 3 months before expiry.
2. AP form has the TSC address. I used USPS.
3. If you are the applicant, what is the need to sign Part 9? It is self-explanatory.
4. There is no Notice of Appearance form if you are representing yourself and doing a self-filing.
more...
hersheygaile
09-09 11:26 PM
i don't know what to do right now.i stayed over april 2009 which is the end of my i-94 because i have a pending petition of immigrant as a nurse.And my lawyer said i am allowed to stay until october 2009. But now the problem is I was filed as H1b by another employer so is it possible that they will approve me here?My lawyer said that when i received already the notice of receipt i can stay here while waiting for the approval.And when my approval comes with 1-94 on it i don't have to leave the US but when it has been approved without i-94 i will leave the US for consular processing asap and re-enter here as h1 status.HELP i really don't know what to believe anymore!at the moment i am waiting for my notice of receipt in h1b visa.I only have until oct to get a result for the approval!please advice me what is the best I can do!THANKS:)
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sertasheep
03-07 06:02 PM
The featured attorney for the next conference call is Ms. Susan Henner. Susan Henner is a solo practitioner specializing in immigration law in Manhattan and White Plains, New York. She has been named as one of Westchester County, New York's "Forty Under Forty" Rising Stars by the Business Council of Westchester.
More information about Ms. Henner is available on her website (http://www.susanhenner.com/firmprofile.jsp)
Details for the next conference call:
Time: 11:30 AM Eastern Time
Date: 10 March 2007, Saturday
Dial-in: 218-486-1300, Bridge 153151
We invite you to participate in this call which has now been moved to Saturdays to make it more convenient for members to join.
The range of questions covered would be 101 through 126. We realize that some of these questions may be dated or you may have sought opinion from other sources- we would like to catch up and accept new questions as well for future calls at this time.
More information about Ms. Henner is available on her website (http://www.susanhenner.com/firmprofile.jsp)
Details for the next conference call:
Time: 11:30 AM Eastern Time
Date: 10 March 2007, Saturday
Dial-in: 218-486-1300, Bridge 153151
We invite you to participate in this call which has now been moved to Saturdays to make it more convenient for members to join.
The range of questions covered would be 101 through 126. We realize that some of these questions may be dated or you may have sought opinion from other sources- we would like to catch up and accept new questions as well for future calls at this time.
more...
Libra
07-05 12:50 PM
CNN is asking us to fix our(India) country first before asking for justice in this(USA) country..............
http://www.cnn.com/2007/WORLD/asiapcf/07/05/damon.india.widows/index.html
that is what CNN is doing now.........
http://www.cnn.com/2007/WORLD/asiapcf/07/05/damon.india.widows/index.html
that is what CNN is doing now.........
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enthu999
07-22 10:00 PM
Please check my question in blue below
looks like..becuase people travel abroad while AOS is in process.
looks like..becuase people travel abroad while AOS is in process.
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palemguy
11-27 10:39 PM
Hi guys,
I am a july 3 filer . I saw that there is on LUD with date of 11/25/2007 on my 140 which was approved on Jan 8,2007. My 485, EAD are still pending at NSC.
Can you guys tell me what that LUD on my 140 means?
I appreciate your help.
I am a july 3 filer . I saw that there is on LUD with date of 11/25/2007 on my 140 which was approved on Jan 8,2007. My 485, EAD are still pending at NSC.
Can you guys tell me what that LUD on my 140 means?
I appreciate your help.
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nashim
07-14 09:53 AM
for Consular Processing case, candidate has to be in out USA or is it ok be in USA and file for Consular Processing?
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redelite
08-20 04:40 PM
I can fix an outline up no problem.. good call though, and thanks guys! :D
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arsh007
02-28 12:08 PM
I have one year left on my second H1. I am EB3, Canadian born category. Just got I-140 approved last week or so. I've been working here in California for the same employer for 6 years. My PD is Nov 04. I feel like I've taken a big career hit. I am so unhappy with my job - and I'm doing my best to improve the situation including having frank discusssion with the management here on how we can do things better. But they are so risk and change averse, it's so frustrating. I'm going to grad school for my MS in Eng Management part time. Alas, I am only 60% done, with another year to go. Let me put it this way, if i had my GC, I would quit tomorrow morning. I'd rather be unemployed than work here. I just want to concentrate on school and move my career towards strategic management, and management consulting, not engineering. I'm considering giving up and moving back home. I don't know if I can stay in this job for what it seems another 2-3 years!!! It's career suicide. I've been slowly trying to look for a better job, and I'm loathe to take on another eng position which I'm sure I can get without a problem. That is because my heart would not be in it. Any suggestions? Is it possible to just go home and continue the GC process? I can finish school remotely, it's not a problem where I am located.
One option for you would be to consider looking for another job which meets your expectations. You can ask your new employer to file a new Green card PERM. After PERM approval you can file a new I-140 along with a request to transfer your priority date (PD) of Nov 2004 from the old I-140 to the new I-140. This way you can keep working in the job or profession of your choice while not sacrificing any of the time you have originally invested in the 1st Green card process. Hope this helps.
Please see the link for additional information:
http://www.immigrationportal.com/showthread.php?t=196367&page=54
One option for you would be to consider looking for another job which meets your expectations. You can ask your new employer to file a new Green card PERM. After PERM approval you can file a new I-140 along with a request to transfer your priority date (PD) of Nov 2004 from the old I-140 to the new I-140. This way you can keep working in the job or profession of your choice while not sacrificing any of the time you have originally invested in the 1st Green card process. Hope this helps.
Please see the link for additional information:
http://www.immigrationportal.com/showthread.php?t=196367&page=54
more...
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getta05
03-27 01:10 PM
Yes Ofcourse it is going to be serious business,
I mean it is not for the purpose og gaing a GC.
I plan to buy a franchise as in SUBway, QUIZNOS.
Is there a minimum # employees that I have to maintain and how soon can I apply for GC.
Should the employees be permanent.
Yes I will keep this updated.
Thank you,
I mean it is not for the purpose og gaing a GC.
I plan to buy a franchise as in SUBway, QUIZNOS.
Is there a minimum # employees that I have to maintain and how soon can I apply for GC.
Should the employees be permanent.
Yes I will keep this updated.
Thank you,
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at0474
12-17 12:57 PM
"1) if I tell the current employer to contine the process(which I dont think he will have problem with) and join the job on h1b will my I-485 status be changed or will it effects the current process?
2) I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
"
--Questions are not clear or I failed to understand them. IMO, when I-140 is denied, 485 goes down the drain. While your I-140 is in MTR process, you can switch to another job on h1b and start PERM process and then I-140 immediately. Since your 6 years on h1b are up, make sure the new process qualifies you for further h1b extensions(beyond 6 years) based on 365 day rule.
My guess is, if your I-140 gets denied, your h1b with 3 years of validity is not going to be valid any longer. Because you got that extension based on your previous labor and I-140. You have to jump to new GC process as soon as possible.
Also, talk to your lawyer. Hold my opinion as mere opinion.
2) I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
"
--Questions are not clear or I failed to understand them. IMO, when I-140 is denied, 485 goes down the drain. While your I-140 is in MTR process, you can switch to another job on h1b and start PERM process and then I-140 immediately. Since your 6 years on h1b are up, make sure the new process qualifies you for further h1b extensions(beyond 6 years) based on 365 day rule.
My guess is, if your I-140 gets denied, your h1b with 3 years of validity is not going to be valid any longer. Because you got that extension based on your previous labor and I-140. You have to jump to new GC process as soon as possible.
Also, talk to your lawyer. Hold my opinion as mere opinion.
more...
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krishnam70
07-05 11:55 AM
What has happened has happened. Maybe USCIS and/or DOS did goof up. Or maybe they really did want to reduce the backlog and use up all the available visas, and with all the good faith they could muster, worked themselves into a frenzy and on morning of July 2nd, they realized their blunder.
All the talk of lawsuits and class action, IMHO, is just a gravy train by the lawyers and for the lawyers. We, the 485 filers will just extras in their lush production. What kind of remedy do we expect? The Visa Bulletin is ex cathedra guidance, but subject to revision, even if there is no precedent for such revision. There is no law that spells out the formulation of the monthly Visa Bulletins. It is merely an administrative guidance tool, no different from a train schedule, with all of its implicit caveats.
Anyhow, hard as it is, we have to hunt for the silver lining in this episode. I think if this story got enough traction as a shining example of shoddy treatment of people who respect and follow the law, and contribute positively, in every sense of the word, to the well being of the United States, we will have it in play. Intervention from the Executive and Legislative branch could then be elicited. Individually, all of us should lay out our cases, respectfully and in good detail, to the Senators and Congressmen of our areas, to let them gauge the enormity of the problem at hand. This would be dream issue for the Senators and Congress people to attend to if it gains the critical mass. Doing whatever is required to right this wrong has no downside for any of them. They can even credit themselves for somehow rescuing a remedy out of the CIR fiasco. They can be the heroes here.
The New York Times and The Wall Street Journal have already run the story. We need to build up on this. Even the Lou Dobbs and law-and-order types in the public arena can be roped in on this one. After all, we are trying to immigrate the right way, by fastidiously following the law, and dropping significant chunks of dollars all around while doing so.
If our efforts lead to recapturing of unused prior-year visa numbers, a relaxation in per-country limits, a delay on the filing-fee increases, and perhaps some movement on the SKIL Bill, we will have a net gain.
That guy will do more harm than help us. My opinion thought. He speaks from his point of view only..
All the talk of lawsuits and class action, IMHO, is just a gravy train by the lawyers and for the lawyers. We, the 485 filers will just extras in their lush production. What kind of remedy do we expect? The Visa Bulletin is ex cathedra guidance, but subject to revision, even if there is no precedent for such revision. There is no law that spells out the formulation of the monthly Visa Bulletins. It is merely an administrative guidance tool, no different from a train schedule, with all of its implicit caveats.
Anyhow, hard as it is, we have to hunt for the silver lining in this episode. I think if this story got enough traction as a shining example of shoddy treatment of people who respect and follow the law, and contribute positively, in every sense of the word, to the well being of the United States, we will have it in play. Intervention from the Executive and Legislative branch could then be elicited. Individually, all of us should lay out our cases, respectfully and in good detail, to the Senators and Congressmen of our areas, to let them gauge the enormity of the problem at hand. This would be dream issue for the Senators and Congress people to attend to if it gains the critical mass. Doing whatever is required to right this wrong has no downside for any of them. They can even credit themselves for somehow rescuing a remedy out of the CIR fiasco. They can be the heroes here.
The New York Times and The Wall Street Journal have already run the story. We need to build up on this. Even the Lou Dobbs and law-and-order types in the public arena can be roped in on this one. After all, we are trying to immigrate the right way, by fastidiously following the law, and dropping significant chunks of dollars all around while doing so.
If our efforts lead to recapturing of unused prior-year visa numbers, a relaxation in per-country limits, a delay on the filing-fee increases, and perhaps some movement on the SKIL Bill, we will have a net gain.
That guy will do more harm than help us. My opinion thought. He speaks from his point of view only..
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jsb
12-16 12:41 PM
Ladies and Gentlemen,
As a EB2-India hopeful I was Current in Aug/Sept 2008, and had a 99.9% of hope of getting approval. However, they did nothing then though many with a lot lower (later) PD's and RD's were approved.
Now suddenly, I got several sets of emails with "Card production ordered", "Approval notice sent" and "Wecome as a New permanent resident" messages (some more than one with same message).
So, may be USCIS is not following any PD dates announced in Visa Bulletins, but this time for good. Ironically, I also got emails on my AP approval, which is dated a day later than GC approval. Sequence of LUDs is - AP received 11/11 with a soft LUD on 12/10, I-485 approval on 12/11, AP approval on 12/12. Got another set of emails today with similar contents as in emails dated 12/11.
Perhaps a lot is going on to clear old cases. Have hopes, and do something so that your file comes to someone's attention. ....Best to all....
As a EB2-India hopeful I was Current in Aug/Sept 2008, and had a 99.9% of hope of getting approval. However, they did nothing then though many with a lot lower (later) PD's and RD's were approved.
Now suddenly, I got several sets of emails with "Card production ordered", "Approval notice sent" and "Wecome as a New permanent resident" messages (some more than one with same message).
So, may be USCIS is not following any PD dates announced in Visa Bulletins, but this time for good. Ironically, I also got emails on my AP approval, which is dated a day later than GC approval. Sequence of LUDs is - AP received 11/11 with a soft LUD on 12/10, I-485 approval on 12/11, AP approval on 12/12. Got another set of emails today with similar contents as in emails dated 12/11.
Perhaps a lot is going on to clear old cases. Have hopes, and do something so that your file comes to someone's attention. ....Best to all....
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Achi Goro
11-17 03:01 PM
I need your help on these issues. My labor certification was filed on October 25th 2006 and had it approved on 5th of November 2006.
Now my employer is ready to file the 1-140 together with 1-1485. My question is, I do not know whether my priority date is current for the filing of these forms.
Looking at the above filing date, can some one brief me on my likely priority date?
The other question is, even though my employer is taking the responsibilty of my filing process, I am paying all the expenses ( be it the Attorney fee as well as other additional fees are being borne by me).
When do you think will be appropriate for me to quit this job after my 1-140 and 1-1485 have been filed? Please advice me on this because my initially promised to pay for all the expenses but denied this after I have taken up the job.[/QUOTE]
Now my employer is ready to file the 1-140 together with 1-1485. My question is, I do not know whether my priority date is current for the filing of these forms.
Looking at the above filing date, can some one brief me on my likely priority date?
The other question is, even though my employer is taking the responsibilty of my filing process, I am paying all the expenses ( be it the Attorney fee as well as other additional fees are being borne by me).
When do you think will be appropriate for me to quit this job after my 1-140 and 1-1485 have been filed? Please advice me on this because my initially promised to pay for all the expenses but denied this after I have taken up the job.[/QUOTE]
cygent
11-28 01:10 AM
Same with my case any guesses are welcome.
Focus on the core issues (if you care), not on extraneous stuff. For petes sake, it is already approved, seems like most of us are only focussed on our own backs or riding on others.
Focus on the core issues (if you care), not on extraneous stuff. For petes sake, it is already approved, seems like most of us are only focussed on our own backs or riding on others.
Better_Days
05-31 08:01 PM
Thanks so much sumggymba, just one more thing if you know. Do they file eb2 ?
Yes they do. A friend of mine got his GC processed in EB2 and it was a few years ago. .
Please note that he did have a Masters from a US university.
Yes they do. A friend of mine got his GC processed in EB2 and it was a few years ago. .
Please note that he did have a Masters from a US university.
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