r_mistry
07-23 09:29 AM
Hello Everybody,
This is my story,
1 - Came to US on B2 (visit visa) in October, 1999. My legal stay way valid till April, 2000
2- Found an employer and in March, 2000 filed for H1B/extension of stay. Lawyer at the time told me that since we filed H1 i don't need to file any other extension of stay
3- August, 2000 received approval notice of my H1 but approval notice mentioned start date of October, 2000 rather than March, 2000 as requested in the petition and approval notice did not have the I-94 card attached with it meaning they did not change my status. Appealed the decision and got some feedback from USCIS that they will look into this. Started working for the company in October, 2000. In January, 2001 Company received another notification from USCIS but I was never provided the copy so not sure what was the decision and was told all is fine but never provided the final approval notice. When i checked case status back in January 2001 it said case approved and approval notice sent. However when I check online case status now I see following,
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Cable sent to American Consulate or port of entry notifying them of approval.
On September 7, 2001, the appropriate American Consulate or port of entry was notified of the approval of this case. Please contact them directly if you need more information.
4 - In 2002 transferred my H1 to new company and got the approval with new I-94 card without any issues.
5- In 2004 transferred my H1 to another company without any issues and I�m with that company since then. They filed my labor, I-140 which has been approved and now ready to file I-485. Lawyer of this company wants to attach the approval notice of my first H1 from 2000 with I-94 card attached to it showing proof of my change of status which i don't have. I have approval notice without I-94 card from 2000.
6- I also left the country in 2006 and went to Canada for two weeks and then came back in the same month without any issues.
Current lawyer is fling I-485 without my first approval notice from 2000. Do you think this would cause issues or generate RFE for I-485? I heard that once you leave the country and re-enter legally all previous status issues if any are put to rest, I left the country in July 2006 and re-enter in the same month?
Please provide your input on my case...many thanks!!!
This is my story,
1 - Came to US on B2 (visit visa) in October, 1999. My legal stay way valid till April, 2000
2- Found an employer and in March, 2000 filed for H1B/extension of stay. Lawyer at the time told me that since we filed H1 i don't need to file any other extension of stay
3- August, 2000 received approval notice of my H1 but approval notice mentioned start date of October, 2000 rather than March, 2000 as requested in the petition and approval notice did not have the I-94 card attached with it meaning they did not change my status. Appealed the decision and got some feedback from USCIS that they will look into this. Started working for the company in October, 2000. In January, 2001 Company received another notification from USCIS but I was never provided the copy so not sure what was the decision and was told all is fine but never provided the final approval notice. When i checked case status back in January 2001 it said case approved and approval notice sent. However when I check online case status now I see following,
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Cable sent to American Consulate or port of entry notifying them of approval.
On September 7, 2001, the appropriate American Consulate or port of entry was notified of the approval of this case. Please contact them directly if you need more information.
4 - In 2002 transferred my H1 to new company and got the approval with new I-94 card without any issues.
5- In 2004 transferred my H1 to another company without any issues and I�m with that company since then. They filed my labor, I-140 which has been approved and now ready to file I-485. Lawyer of this company wants to attach the approval notice of my first H1 from 2000 with I-94 card attached to it showing proof of my change of status which i don't have. I have approval notice without I-94 card from 2000.
6- I also left the country in 2006 and went to Canada for two weeks and then came back in the same month without any issues.
Current lawyer is fling I-485 without my first approval notice from 2000. Do you think this would cause issues or generate RFE for I-485? I heard that once you leave the country and re-enter legally all previous status issues if any are put to rest, I left the country in July 2006 and re-enter in the same month?
Please provide your input on my case...many thanks!!!
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wandmaker
05-28 10:52 AM
Can I renew my EAD even after it s expired?
YES, as long as your I-485 is pending
YES, as long as your I-485 is pending
glus
10-25 06:11 PM
Hello,
Do not worry. This sometimes happens, that when a change of status is requested and approved the SSA is unable to see the change in their system. If your H4 to H1 was approved you should receive your Social Security card within a month. I have seen this many times.
Do not worry. This sometimes happens, that when a change of status is requested and approved the SSA is unable to see the change in their system. If your H4 to H1 was approved you should receive your Social Security card within a month. I have seen this many times.
2011 Our teeth and smiles are very
HV000
02-22 10:22 PM
I just watched it and its about the citizenship wait!! They talked 500,000 legal latinos not able to vote during this election.
more...
srgadi
10-21 06:28 PM
Got the CPO e-mails a short while ago. Its been a long wait (came to US in 1998) but ends well :)
Best of luck with all who are still waiting to be greened!!
Best of luck with all who are still waiting to be greened!!
mundakamal
06-13 07:49 PM
Hi All,
My employer after too much of talks is ready to file. But in all the applications he wants to put his address so that he receives the EAD card and AP..He is not ready to put my address. Can he keep my EAD card ?
Gurus please advise...
Thanks!
My employer after too much of talks is ready to file. But in all the applications he wants to put his address so that he receives the EAD card and AP..He is not ready to put my address. Can he keep my EAD card ?
Gurus please advise...
Thanks!
more...
diptam
08-12 11:27 PM
Hope this helps ..
Hi,
My wife and I applied for the AOS (I-485, EAD and AP for my wife and I-485 for me). I was wondering
1. As to who will receive the receipt number? Will my attornery receive it or will I receive it?
Ans> If you attorney sent the app he will receive RN. I will receive ( if it at all comes ) at my home because i didn't hire an attorney.
2. Will it be a letter or an email from USCIS?
Ans > Letter in USPS mail.
3. I am the primary applicant. My wife may be offered a permanent position with the company she is working for on a consultant basis. Now the question is - Can she take the offer before her EAD is approved? I mean to say - Can she transfer her H1B processed for the company? Will she have any problem with the AOS application as her paper work (new I797) is changing? We are very confused with this.
Ans > If she has an valid H1B let her take the new offer by transferring H1B( if that company does H1B transfer) . EAD can be kept in lockers.
As long as she sent the latest I-797 when the AOS was applied that should be fine. Worst case USCIS may ask the new I-797 in an RFE.
Really appreciate your answers!
Thank you very much!
Hi,
My wife and I applied for the AOS (I-485, EAD and AP for my wife and I-485 for me). I was wondering
1. As to who will receive the receipt number? Will my attornery receive it or will I receive it?
Ans> If you attorney sent the app he will receive RN. I will receive ( if it at all comes ) at my home because i didn't hire an attorney.
2. Will it be a letter or an email from USCIS?
Ans > Letter in USPS mail.
3. I am the primary applicant. My wife may be offered a permanent position with the company she is working for on a consultant basis. Now the question is - Can she take the offer before her EAD is approved? I mean to say - Can she transfer her H1B processed for the company? Will she have any problem with the AOS application as her paper work (new I797) is changing? We are very confused with this.
Ans > If she has an valid H1B let her take the new offer by transferring H1B( if that company does H1B transfer) . EAD can be kept in lockers.
As long as she sent the latest I-797 when the AOS was applied that should be fine. Worst case USCIS may ask the new I-797 in an RFE.
Really appreciate your answers!
Thank you very much!
2010 Go Back to the Before and
pbojja
11-17 06:22 PM
Hi,
My wife and I are currently working on EAD and have used the AP to entry the US. We will be going to the Canadian consulate to apply for Canadian Visa (want to go on vacation). I had the following questions:-
1) What all papers are required?
2) How long will they issue the canadian visa for? I am planning on obtaining a multiple entry visa. When I was on H1 they issued me a visa which was till the end of my H1 expiration date.
Thanks.
Sorry to be sarcastic but , does your question requires a thread ? simple search in google and canada embassy will answer all your questions .
Vacation trip requires answers from IV ....
My wife and I are currently working on EAD and have used the AP to entry the US. We will be going to the Canadian consulate to apply for Canadian Visa (want to go on vacation). I had the following questions:-
1) What all papers are required?
2) How long will they issue the canadian visa for? I am planning on obtaining a multiple entry visa. When I was on H1 they issued me a visa which was till the end of my H1 expiration date.
Thanks.
Sorry to be sarcastic but , does your question requires a thread ? simple search in google and canada embassy will answer all your questions .
Vacation trip requires answers from IV ....
more...
sethurama
10-18 01:33 PM
Hi rpatel,
My 140 was approved few months back. My lawyer specifed consular processing without my knowledge.
How do i change it to AOS?. I heard that when my PD is current NVC will sent forms. Do I need to specify AOS in that form?. Who will get those forms?. Attorney or applicant.
Please respond
Thanks a lot
Ram
My 140 was approved few months back. My lawyer specifed consular processing without my knowledge.
How do i change it to AOS?. I heard that when my PD is current NVC will sent forms. Do I need to specify AOS in that form?. Who will get those forms?. Attorney or applicant.
Please respond
Thanks a lot
Ram
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peer123
06-17 09:18 PM
Hi guys, I have a unique situation, thanks to july visa bulletin. I have a EB3 labor and I 140 approved with the PD as May 2004. Recently I applied EB2 PERM in order to port the PD from EB3 to EB2. My EB2 perm is approved now. Now, I am in dilemma to choose between EB2 and EB3. I can apply EB2 I 140 and I 485 concurrently (by assuming that they will port the PD) or I can apply I485 (for previously approved EB3). Please suggest as to what route I should take.
I suggest go with EB2 if the priority date is way ahead of EB3
I suggest go with EB2 if the priority date is way ahead of EB3
more...
somegchuh
07-11 06:09 PM
Hi Bose,
so it took you almost 9 months and you still don't have the H1 renewal? wow... that's unbelievable. I just received an email from my lawyer's legal assistant and they have received the H1 approval notice. So I have no idea what the hell is going on!
Ah the wonders of govt work...
so it took you almost 9 months and you still don't have the H1 renewal? wow... that's unbelievable. I just received an email from my lawyer's legal assistant and they have received the H1 approval notice. So I have no idea what the hell is going on!
Ah the wonders of govt work...
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Suva
05-08 06:10 PM
Hi
My I140 has been denied 2 times. 1st time was in EB3 Professional and 2nd was in EB3 Skilled worker category. I am not sure the reason for the 2nd denial since I am waiting for the notice letter.
I urgently need an attorney who has recently cleared a few cases with 3 year degree (only 3 year degree not combination with Masters / Diploma etc)
If you are someone who has 3 year degree and recently got approval, please IM me your attorney's details.
Thanks
I have 3 years degree and 1 year diploma. My labor was approved in 2007 under RIR. My company attorney was Cyrus Mehta at that time.
My I140 has been denied 2 times. 1st time was in EB3 Professional and 2nd was in EB3 Skilled worker category. I am not sure the reason for the 2nd denial since I am waiting for the notice letter.
I urgently need an attorney who has recently cleared a few cases with 3 year degree (only 3 year degree not combination with Masters / Diploma etc)
If you are someone who has 3 year degree and recently got approval, please IM me your attorney's details.
Thanks
I have 3 years degree and 1 year diploma. My labor was approved in 2007 under RIR. My company attorney was Cyrus Mehta at that time.
more...
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AGUTHA
02-22 09:05 AM
Hello,
My 6 years on H1B is going to expire in Oct 10. I want to file for extension but the lawyer says that i can do it only after Mar 10 that is 6 months before h1b expires.
----You can apply after Mar 10.
I have to visit my home country in May 10 and i wanted to go with my new h1b documents.
---If you go on May 10, You can get US visa for remaining months.
----my idea is apply premium on Mar 1st.You will get it within 15 days.
My 6 years on H1B is going to expire in Oct 10. I want to file for extension but the lawyer says that i can do it only after Mar 10 that is 6 months before h1b expires.
----You can apply after Mar 10.
I have to visit my home country in May 10 and i wanted to go with my new h1b documents.
---If you go on May 10, You can get US visa for remaining months.
----my idea is apply premium on Mar 1st.You will get it within 15 days.
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roseball
10-18 12:34 PM
a) Can I move to a different company now? Since my H1 extension is based on I-140 approval, I am not sure if this can be used to transfer to new company.
Yes, you can find another employer willing to hire you and sponsor your H1. Since you have an approved I-140, your new employer can use a copy of your I-140 approval notice and get a fresh 3 yr H1 extension
b) When I do a H1 transfer now, Will I get my H1 date till Apr 2012 as per my current H1 approval notice or just for the few more months I had on my original H1B?
You will get a 3 yr H1 extension
c) What will happen to my labor and I-140 after my H1 transfer? My labor was originally applied in EB3 category. Can I file a new one in EB2 category after transferring to the new company?
You cannot directly file your I-485 when your PD is current if you change employers. Your new employer has to start the process all over again from scratch (in any category depending on your job requirement). New employer will have to file PERM/I-140 but can use your old EB-3 PD from the I-140 approval to file I-485.
Yes, you can find another employer willing to hire you and sponsor your H1. Since you have an approved I-140, your new employer can use a copy of your I-140 approval notice and get a fresh 3 yr H1 extension
b) When I do a H1 transfer now, Will I get my H1 date till Apr 2012 as per my current H1 approval notice or just for the few more months I had on my original H1B?
You will get a 3 yr H1 extension
c) What will happen to my labor and I-140 after my H1 transfer? My labor was originally applied in EB3 category. Can I file a new one in EB2 category after transferring to the new company?
You cannot directly file your I-485 when your PD is current if you change employers. Your new employer has to start the process all over again from scratch (in any category depending on your job requirement). New employer will have to file PERM/I-140 but can use your old EB-3 PD from the I-140 approval to file I-485.
more...
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akhilmahajan
06-20 10:42 AM
I have subscribed to the group. Am awaiting approval. Please contact me: I am actively working on lobbying for the bills, am part of teamIV and would like to organize a musical get together to raise money. I play classical violin myself; so I can be one of the performers. Please approve my membership or contact me at
shoklate@gmail.com
Maryland/VA/DC Chapter leaders have bene requested to look into your request.
I hope it will be taken care of at the earliest.
Thanks a lot for all the support.
GO IV GO.
shoklate@gmail.com
Maryland/VA/DC Chapter leaders have bene requested to look into your request.
I hope it will be taken care of at the earliest.
Thanks a lot for all the support.
GO IV GO.
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Blog Feeds
08-02 07:20 PM
Recently an undated USCIS draft memorandum surfaced. The Memo was offering administrative relief options to promote family unity, foster economic growth, achieve significant process improvements, and reduce the threat of removal for certain individuals present in the United States without authorization. Here is the entire memo for our readers to view:
Undated Internal USCIS Draft Memorandum Discusses Administrative Alternatives to CIR (http://www.slideshare.net/usvisalaw/undated-internal-uscis-draft-memorandum-discusses-administrative-alternatives-to-cir)View more documents (http://www.slideshare.net/) from usvisalaw (http://www.slideshare.net/usvisalaw).
Shortly after the memo leaked to the public the Immigration service had this to say:
�Internal draft memos do not and should not be equated with official action or policy of the Department. We will not comment on notional, pre-decisional memos. As a matter of good government, U.S. Citizenship and Immigration Services (USCIS) will discuss just about every issue that comes within the purview of the immigration system. We continue to maintain that comprehensive bipartisan legislation, coupled with smart, effective enforcement, is the only solution to our nation's immigration challenges. Internal memoranda help us do the thinking that leads to important changes; some of them are adopted and others are rejected. Our goal is to implement policies wisely and well to strengthen all aspects of our mission. The choices we have made so far have strengthened both the enforcement and services sides of USCIS � nobody should mistake deliberation and exchange of ideas for final decisions. To be clear, DHS will not grant deferred action or humanitarian parole to the nation�s entire illegal immigrant population.�
What can we learn from all this? Comprehensive immigration reform may not happen in the near future, but some sort of a step by step change is likely to occur sooner than later. Even USCIS is eager for this to happen, expect more "leaks" coming up.
More... (http://www.visalawyerblog.com/2010/08/hoe_does_uscis_see_a_possible.html)
Undated Internal USCIS Draft Memorandum Discusses Administrative Alternatives to CIR (http://www.slideshare.net/usvisalaw/undated-internal-uscis-draft-memorandum-discusses-administrative-alternatives-to-cir)View more documents (http://www.slideshare.net/) from usvisalaw (http://www.slideshare.net/usvisalaw).
Shortly after the memo leaked to the public the Immigration service had this to say:
�Internal draft memos do not and should not be equated with official action or policy of the Department. We will not comment on notional, pre-decisional memos. As a matter of good government, U.S. Citizenship and Immigration Services (USCIS) will discuss just about every issue that comes within the purview of the immigration system. We continue to maintain that comprehensive bipartisan legislation, coupled with smart, effective enforcement, is the only solution to our nation's immigration challenges. Internal memoranda help us do the thinking that leads to important changes; some of them are adopted and others are rejected. Our goal is to implement policies wisely and well to strengthen all aspects of our mission. The choices we have made so far have strengthened both the enforcement and services sides of USCIS � nobody should mistake deliberation and exchange of ideas for final decisions. To be clear, DHS will not grant deferred action or humanitarian parole to the nation�s entire illegal immigrant population.�
What can we learn from all this? Comprehensive immigration reform may not happen in the near future, but some sort of a step by step change is likely to occur sooner than later. Even USCIS is eager for this to happen, expect more "leaks" coming up.
More... (http://www.visalawyerblog.com/2010/08/hoe_does_uscis_see_a_possible.html)
more...
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aranya
06-02 05:11 PM
AFAIK
One may enjoy only one status (either H4 or H1) at any point of time. So if your wife is on H4 there is no "still valid H1". That said,
1] The COS from H4 to H1 will not be counted against the annual cap in this case - see Dec 2005 (or 2006) memo.
2] I am not sure what your trying to ask but COS from H4 to H1 will not be counted against for next year's annual cap.
3] See Processing Center dates
One may enjoy only one status (either H4 or H1) at any point of time. So if your wife is on H4 there is no "still valid H1". That said,
1] The COS from H4 to H1 will not be counted against the annual cap in this case - see Dec 2005 (or 2006) memo.
2] I am not sure what your trying to ask but COS from H4 to H1 will not be counted against for next year's annual cap.
3] See Processing Center dates
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agupta2683
07-08 03:16 PM
In delhi consulate when I click on Indian resident I see the available dates but when I click on Indian citizen residing in US, I see no availability. I'm not sure which option should I choose. I'm a student working on OPT in US. My OPT will expire on Aug 4th and so I will come to India. I'm not sure which of the two options I have to choose while scheduling an interview :
Resident of India/Bhutan
OR
Indian Citizen residing in United States.
I would really appreciate any help in this matter.
Thanks,
Ashish
Resident of India/Bhutan
OR
Indian Citizen residing in United States.
I would really appreciate any help in this matter.
Thanks,
Ashish
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jetflyer
03-16 07:29 AM
Thanks for the link, I was reading it and towards the end there was statement
"When filing an MTR all evidence has to be submitted like, filing AC21 letter and record of delivery, proof of 180 days",
to me it looks like filing AC-21 is MUST in case one need to go MTR route rather than optional, could expert or Chanduv23 please clarify?
Please see the link.
http://immigrationvoice.org/forum/blog.php?b=39
"When filing an MTR all evidence has to be submitted like, filing AC21 letter and record of delivery, proof of 180 days",
to me it looks like filing AC-21 is MUST in case one need to go MTR route rather than optional, could expert or Chanduv23 please clarify?
Please see the link.
http://immigrationvoice.org/forum/blog.php?b=39
mpadapa
09-07 03:19 PM
vandanaverdia - thanks for attending the rally. U folks R a great motivation for others. Do touch base with "WeShallOvercome" and start some WA chapter activities.
sameer2730
10-13 01:41 PM
Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html)
shows different dates for EB3 India.
May be typo ????
They copy china dates. They did the same thing last time. I think their program needs a fix. They will change it manually eventually. But in the meantime if you want to rejoice in hope feel free. I did that last month. I knew I was kidding myself but then thought, why not indulge myself.
Three years back I dreamt my labor got cleared. Labor mind you not GC.Even in my dreams I don't see that. I was delighted. I was aware I was dreaming(One of those lucid dreams) but I let it continue. It felt good for a while. This is the same thing. Have fun
shows different dates for EB3 India.
May be typo ????
They copy china dates. They did the same thing last time. I think their program needs a fix. They will change it manually eventually. But in the meantime if you want to rejoice in hope feel free. I did that last month. I knew I was kidding myself but then thought, why not indulge myself.
Three years back I dreamt my labor got cleared. Labor mind you not GC.Even in my dreams I don't see that. I was delighted. I was aware I was dreaming(One of those lucid dreams) but I let it continue. It felt good for a while. This is the same thing. Have fun
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