gchopes
08-04 04:04 PM
my2cents - Agreed and Understood. But what if you are not on H1/H4 and just on EAD/AP aka AOS status. In that case you cannot mail the second AP and return on that. You need to return on the first AP.
Not True
All dual intention like H1b/H4 are treated differently. For those AOS applicants where they also have H1b/H4 status ( Not necessarily VISA stamped) ..they need to be here when filed and if they leave after filing then neither I-485 or I-131 will get cancelled.
After approval, you can mail them.
I have known 2 person whose spouses came without problem.
Now , If you are F1 or B1 pure non immigrant VISA and you leave without it being approved then you are in problem.
Not True
All dual intention like H1b/H4 are treated differently. For those AOS applicants where they also have H1b/H4 status ( Not necessarily VISA stamped) ..they need to be here when filed and if they leave after filing then neither I-485 or I-131 will get cancelled.
After approval, you can mail them.
I have known 2 person whose spouses came without problem.
Now , If you are F1 or B1 pure non immigrant VISA and you leave without it being approved then you are in problem.
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raysaikat
08-04 11:36 AM
Hi, can someone help crack this puzzle?
I have an EB3 application with a PD of Nov 2002 (India). Filed I-485 in June 2007, along with medical forms etc. Of course, that category is 'unavailable' now.
In 2005, we started an EB2 application, within the same company, for a new job, this one requiring a Masters degree.
The EB2 I-140 was just approved, and the notice has the Nov 2002 Priority Date.
The attorney had earlier said they could port the priority dates from the EB3 to EB2 and interfile.
Now, he just called saying he is confused and not sure!
His views:
- There is no formal way to find out if the new I-140 was matched up with the old I-485.
- He says he will ask his peers and will also call USCIS Customer Service.
- He thinks we might need to file a new I-485 to support the new EB2 I-140 to show that there is a pending I-485 - because the underlying EB3 is Unavailable.
Appreciate any inputs!
Cheers!
IMHO, your best bet probably is filing another I-485 linking it with the new I-140 (EB2).
I have an EB3 application with a PD of Nov 2002 (India). Filed I-485 in June 2007, along with medical forms etc. Of course, that category is 'unavailable' now.
In 2005, we started an EB2 application, within the same company, for a new job, this one requiring a Masters degree.
The EB2 I-140 was just approved, and the notice has the Nov 2002 Priority Date.
The attorney had earlier said they could port the priority dates from the EB3 to EB2 and interfile.
Now, he just called saying he is confused and not sure!
His views:
- There is no formal way to find out if the new I-140 was matched up with the old I-485.
- He says he will ask his peers and will also call USCIS Customer Service.
- He thinks we might need to file a new I-485 to support the new EB2 I-140 to show that there is a pending I-485 - because the underlying EB3 is Unavailable.
Appreciate any inputs!
Cheers!
IMHO, your best bet probably is filing another I-485 linking it with the new I-140 (EB2).
optimystic
03-19 06:01 PM
May be this is the general process, but I know of a case with RD in June last week and PD in 2003 Mar got approved last Nov/Dec area. It is an EB3 India case.
gccube are you EB3 -I as well?
"
FBI Namecheck -- Cleared (02/01/2008)
FP -- Cleared "
How did you find out the status of your namecheck and FP?
gccube are you EB3 -I as well?
"
FBI Namecheck -- Cleared (02/01/2008)
FP -- Cleared "
How did you find out the status of your namecheck and FP?
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rongha_2000
10-02 11:42 AM
Gotcha..!! Thanks..
No I dont plan to invoke AC21 anytime soon.
Your assumptions are exactly right. Do you plan to invoke AC21 in near future? I think if you switch to a company who is willing to transfer your H1B, you can transfer it as well. This is what my attorney told me some time back when I was in your stage and can still avoid using EAD.
The purpose of maintaining the backup is for safety. Even if your 485 denied, you can still have some time period left on your H1 and can look for other alternative avenues to be here legally and can restart your GC process as well. Without this H1 backup, you have a very little time to do so.
(Though I got GC now, my H1 is valid till end of 2010 :) )
No I dont plan to invoke AC21 anytime soon.
Your assumptions are exactly right. Do you plan to invoke AC21 in near future? I think if you switch to a company who is willing to transfer your H1B, you can transfer it as well. This is what my attorney told me some time back when I was in your stage and can still avoid using EAD.
The purpose of maintaining the backup is for safety. Even if your 485 denied, you can still have some time period left on your H1 and can look for other alternative avenues to be here legally and can restart your GC process as well. Without this H1 backup, you have a very little time to do so.
(Though I got GC now, my H1 is valid till end of 2010 :) )
more...
santb1975
02-13 04:48 PM
IV' ans of Southern California,
We need your help in making the Admin Fixes Campaign Successful. We are organizing a Southern California IV Meetup and Letter Signing Event this Weekend. We are targeting to get a 1000 letters signed and sent to the White House from our group. We need volunteers to print letter templates, get envelopes/stamps and most importantly bring family, friends and colleagues to this event. Please see below for details about the Venue.
Where: Woodlands Restaurant 11833 Artesia Blvd, Artesia, CA 90701
When: Sunday, Feb 17'th
Start Time: 2 PM
Please vote on this thread if you can print letter templates, bring in envelopes/stamps, bring in family/friends to the venue or help out in any other way. Thanks
We need your help in making the Admin Fixes Campaign Successful. We are organizing a Southern California IV Meetup and Letter Signing Event this Weekend. We are targeting to get a 1000 letters signed and sent to the White House from our group. We need volunteers to print letter templates, get envelopes/stamps and most importantly bring family, friends and colleagues to this event. Please see below for details about the Venue.
Where: Woodlands Restaurant 11833 Artesia Blvd, Artesia, CA 90701
When: Sunday, Feb 17'th
Start Time: 2 PM
Please vote on this thread if you can print letter templates, bring in envelopes/stamps, bring in family/friends to the venue or help out in any other way. Thanks
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BimmerFAn
06-13 01:45 PM
No there is no premium processing process for waiver applications. There seems to be no apparent order in the order they are adjudicated. Once the Department of State recommends you for a waiver you may apply for H1B change of status with the recommendation alone. If ur H1B application is filed for premium processing then the USCIS might adjudicate the waiver within 15 days as part of the h1b processing.
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bigboy007
12-10 03:33 PM
Got the point thanks for all info. btw its the HR Department right which determines SOC ? How does it ensure Same/Similar SOC COde?
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roseball
04-07 10:36 PM
A small correction - the notice sent by IRS did not mention that my filing status was changed from "married filing jointly" to "married filing separately" or "filing single". The notice says that
"We didn't allow your spouse's personal exemption because your spouse's:
Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN) was missing or
Last name doesn't match our records or the records provided by the Social Security Administration.
Each exemption listed on your tax return must have a valid SSN or ITIN. If your spouse has a valid Social Security Number assigned by the Social Security Administration or an Individual Taxpayer Identification Number assigned by the Internal Revenue Service, please contact us. Please have your spouse's Social Security card available when you contact us. If your spouse has an Individual Taxpayer Identification Number, please have the notice from us assigning the spouse's number available when you contact us.
If you have questions or need additional information, please have the following on hand when you call:
A copy of this page.
A copy of your tax return.
The notice we sent you.
If you disagree with this change or the way we processed your return, please contact us.
."
Do I still need to file form 1040X? Please let me know.
In this case, I would file her W-7, call IRS when the ITIN is available and follow their instructions.
"We didn't allow your spouse's personal exemption because your spouse's:
Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN) was missing or
Last name doesn't match our records or the records provided by the Social Security Administration.
Each exemption listed on your tax return must have a valid SSN or ITIN. If your spouse has a valid Social Security Number assigned by the Social Security Administration or an Individual Taxpayer Identification Number assigned by the Internal Revenue Service, please contact us. Please have your spouse's Social Security card available when you contact us. If your spouse has an Individual Taxpayer Identification Number, please have the notice from us assigning the spouse's number available when you contact us.
If you have questions or need additional information, please have the following on hand when you call:
A copy of this page.
A copy of your tax return.
The notice we sent you.
If you disagree with this change or the way we processed your return, please contact us.
."
Do I still need to file form 1040X? Please let me know.
In this case, I would file her W-7, call IRS when the ITIN is available and follow their instructions.
more...
aamchimumbai
09-04 08:42 PM
This is as per USCIC:
06/05/08. Previous editions will be accepted only for medical exams conducted before August 1, 2008. Medical exams conducted on or after August 1, 2008, require use of the 06/05/08 edition (link at bottom of page).
Goto www.uscis.gov and click on 'Immigration Forms' and scroll down for I-693.
I guess that's the only hope I have. I'll keep you all posted.
Thanks
06/05/08. Previous editions will be accepted only for medical exams conducted before August 1, 2008. Medical exams conducted on or after August 1, 2008, require use of the 06/05/08 edition (link at bottom of page).
Goto www.uscis.gov and click on 'Immigration Forms' and scroll down for I-693.
I guess that's the only hope I have. I'll keep you all posted.
Thanks
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MYGCBY2010
10-24 01:25 PM
Hi ,
I filed for i-485 ON July 23rd along with the EAD and AP. My EAD got approved and got a RFE on AP. I haven't received my Finger Print notice yet. Will RFE on AP affect the FP?..
Is it normal that I haven't FP notice after almost closed to a month after the checks have been encashed?..
Any inputs are highly appreciated.
Thanks..
I filed for i-485 ON July 23rd along with the EAD and AP. My EAD got approved and got a RFE on AP. I haven't received my Finger Print notice yet. Will RFE on AP affect the FP?..
Is it normal that I haven't FP notice after almost closed to a month after the checks have been encashed?..
Any inputs are highly appreciated.
Thanks..
more...
monkeyman
02-26 11:26 PM
If you have filed for I-485 and you have your receipt # (starting with LIN) and you have a copy of the encashed check or the proof of the financial transaction (could be you, your employer or lawyer) and the online status says I-485 Adjustment of Status pending, then you have nothing to worry about. If you had moved or changed your address it may have been misplaced. But you have nothing to worry about if the checks are cashed and you have the Receipt #.
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yabadaba
07-21 08:52 AM
This idea was floated a few years back, but then we did not have the win of a flower campaign behind us.
We now have a senator to focus our energies on - Dick Durbin.
How about everybody with a US degree send a copy of the diploma in a packet to Sen Durbin with a message - Dont hold us hostage because of a few bad apples..something to that nature?
Alternatively we can send it to Sen Obama asking him to please let the senior senator from illinois, sen Durbin, know we are high skilled immigrants - dont hold us hostage because of a few bad apples.
maybe we can send an apple too :D
sending to sen obama will make sure the issue is played in media because of the presidential coverage.
We now have a senator to focus our energies on - Dick Durbin.
How about everybody with a US degree send a copy of the diploma in a packet to Sen Durbin with a message - Dont hold us hostage because of a few bad apples..something to that nature?
Alternatively we can send it to Sen Obama asking him to please let the senior senator from illinois, sen Durbin, know we are high skilled immigrants - dont hold us hostage because of a few bad apples.
maybe we can send an apple too :D
sending to sen obama will make sure the issue is played in media because of the presidential coverage.
more...
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JazzByTheBay
10-27 12:52 AM
It's a well-know fact that Senator Kennedy only empathizes with "undocumented workers", and feels they deserve to be given "a path to citizenship" (amnesty by any other name is still amnesty... ) - understandably so given the demographics and numbers.
jazz
I got this as a real paper letter. The signature is a picture, of course, not real.
No surprise here. We are not even a part of immigration reform for him.:mad:
So in this standard reply "about immigration reform" we are not even mentioned.
EDWARD M. KENNEDY
MASSACHUSETTS
Uinited States
WASHINGTON, DC 20510-2101
October 9, 2007
Dear Mr. :
Thank you for contacting me about immigration reform. This is a complex issue, with many important aspects, and it requires a comprehensive solution. 12 million undocumented workers are now living in the United States. They're working, paying taxes, and raising children who are U.S. citizens if they are born here. They contribute to our economy, and it is time to bring them out of the shadows and end their unfair exploitation by unscrupulous employers in communities across the country.
Funds for border enforcement have increased dramatically over the years. The budget for the Border Patrol has increased from $263 million in 1990 to $1.6 billion today - a six-fold increase. Yet each year during this period, hundreds of thousands of immigrants have continued to enter the U.S. illegally. Our immigration laws are clearly broken, and stronger border enforcement alone will not fix them.
Long and thorough negotiations with the White House and fellow Senators, Republican and Democrat, led to the drafting of a comprehensive bipartisan immigration reform bill this year. It contained important provisions to strengthen border security, but it also contained needed provisions imposing higher penalties on businesses that employ undocumented immigrants, a temporary worker program to help American businesses meet their employment needs, and provisions to address the millions of undocumented immigrants living in the United States by allowing them to obtain legal status after undergoing background checks, paying a fine, and going to the back of the line for green cards. The bill was a realistic and comprehensive solution that would not only protect our borders, but also enable needed temporary workers to enter the country legally, and allow workers already here to become legal.
Unfortunately, this needed legislation has now stalled in the Senate, which is enormously disappointing for Congress and the country. But the battle is far from over. I'm in it for the long haul, and Fm certain that, in the end, we will prevail. Ignoring the problem will not solve it. We cannot afford to do nothing, especially in this post-9/11 era. By heritage and history, America is a nation of immigrants, and we must preserve this tradition. I will continue to fight to reform our immigration laws, so that our borders are secure and immigrant families can continue to live the American dream.
Again, thank you for writing to me about this important issue.
Sincerely,
Edward M. Kennedy
jazz
I got this as a real paper letter. The signature is a picture, of course, not real.
No surprise here. We are not even a part of immigration reform for him.:mad:
So in this standard reply "about immigration reform" we are not even mentioned.
EDWARD M. KENNEDY
MASSACHUSETTS
Uinited States
WASHINGTON, DC 20510-2101
October 9, 2007
Dear Mr. :
Thank you for contacting me about immigration reform. This is a complex issue, with many important aspects, and it requires a comprehensive solution. 12 million undocumented workers are now living in the United States. They're working, paying taxes, and raising children who are U.S. citizens if they are born here. They contribute to our economy, and it is time to bring them out of the shadows and end their unfair exploitation by unscrupulous employers in communities across the country.
Funds for border enforcement have increased dramatically over the years. The budget for the Border Patrol has increased from $263 million in 1990 to $1.6 billion today - a six-fold increase. Yet each year during this period, hundreds of thousands of immigrants have continued to enter the U.S. illegally. Our immigration laws are clearly broken, and stronger border enforcement alone will not fix them.
Long and thorough negotiations with the White House and fellow Senators, Republican and Democrat, led to the drafting of a comprehensive bipartisan immigration reform bill this year. It contained important provisions to strengthen border security, but it also contained needed provisions imposing higher penalties on businesses that employ undocumented immigrants, a temporary worker program to help American businesses meet their employment needs, and provisions to address the millions of undocumented immigrants living in the United States by allowing them to obtain legal status after undergoing background checks, paying a fine, and going to the back of the line for green cards. The bill was a realistic and comprehensive solution that would not only protect our borders, but also enable needed temporary workers to enter the country legally, and allow workers already here to become legal.
Unfortunately, this needed legislation has now stalled in the Senate, which is enormously disappointing for Congress and the country. But the battle is far from over. I'm in it for the long haul, and Fm certain that, in the end, we will prevail. Ignoring the problem will not solve it. We cannot afford to do nothing, especially in this post-9/11 era. By heritage and history, America is a nation of immigrants, and we must preserve this tradition. I will continue to fight to reform our immigration laws, so that our borders are secure and immigrant families can continue to live the American dream.
Again, thank you for writing to me about this important issue.
Sincerely,
Edward M. Kennedy
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a1b2c3
02-05 10:12 PM
I'm also in the same boat. Cases after me are getting approved.:)
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ramus
04-27 04:51 PM
Fond this..
http://hagel.senate.gov/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=219529&Month=4&Year=2007
Is this CIR in sanate?
http://hagel.senate.gov/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=219529&Month=4&Year=2007
Is this CIR in sanate?
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jeny
08-06 08:39 AM
Yes Jayant it is Consular Process. Today i send a mail to them, hope they will replay.
Thanks
I just recived mail from embassy saying that there is no visa avilable for my case. When avilable they will call me for the interview again. Thank you ALL
Thanks
I just recived mail from embassy saying that there is no visa avilable for my case. When avilable they will call me for the interview again. Thank you ALL
more...
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gimmemygreen
09-14 04:46 PM
Here is my story:
I work for Company A. Got an offer from Company B who is a consulting company. Got placed in a project which is like 1.5 hrs away from my home (I accepted this opportunity for my GC and everything was fine). Company B filed for my LCA for the H1-B transfer. They accepted to pay all the H1-B transfer fees.
Here is my problem:
1 week after my LCA was filed, I came to know that my wife was pregnant. As per the doctor she needs some close attention and care because of her health condition(atleast for 2 months). Also, I have to take her for tests minimum once per week at a hospital which is quite opposite in direction where company B placed me (2hrs ride).
I came to a conclusion not to take this opportunity because of my wife's health and also keeping in mind how the new job will treat me (in terms of flexibility. leaving early, WFH etc - for my wife's treatment). I felt this was a genuine reason from my side.
I informed Company B about this change of plan because I cannot commute such a long distance having these constraints in mind (not good for me as well as not good for the new project).
Company B is asking me pay $3000 for some damages and they say that it is as per the contract.
To my true knowledge I did not sign any kind of contract with them neither the recruiter told me anything. Now Company B is saying that minimum 3 months is required or I have to pay for H1-B transfer and all other fees.
The offer letter that I signed clearly stated that the employment is "At Will" in nature which when asked now, Company B is saying that is for GC and Citizens (which is not mentioned anywhere in the offer letter).
The thing is that they are threatening me and they were so rough and hard when I finally spoke to them. They said that they will be sending the vouchers for me to pay them back.
I thank God for not joining this company as I came to know about their true colors now, they are so money minded and the words they spoke were so harmful. I am pretty sure they would have created more problems for some other reasons if I had joined them.
Even though I did not sign any bond, I am really scared by the way they spoke to me. Any help or advice will be greatly appreciated.
There is a new memo out which will screw the life of these pimps. Rise up and name company B here. I will suggest you a way to file a complaint with DOL.
I work for Company A. Got an offer from Company B who is a consulting company. Got placed in a project which is like 1.5 hrs away from my home (I accepted this opportunity for my GC and everything was fine). Company B filed for my LCA for the H1-B transfer. They accepted to pay all the H1-B transfer fees.
Here is my problem:
1 week after my LCA was filed, I came to know that my wife was pregnant. As per the doctor she needs some close attention and care because of her health condition(atleast for 2 months). Also, I have to take her for tests minimum once per week at a hospital which is quite opposite in direction where company B placed me (2hrs ride).
I came to a conclusion not to take this opportunity because of my wife's health and also keeping in mind how the new job will treat me (in terms of flexibility. leaving early, WFH etc - for my wife's treatment). I felt this was a genuine reason from my side.
I informed Company B about this change of plan because I cannot commute such a long distance having these constraints in mind (not good for me as well as not good for the new project).
Company B is asking me pay $3000 for some damages and they say that it is as per the contract.
To my true knowledge I did not sign any kind of contract with them neither the recruiter told me anything. Now Company B is saying that minimum 3 months is required or I have to pay for H1-B transfer and all other fees.
The offer letter that I signed clearly stated that the employment is "At Will" in nature which when asked now, Company B is saying that is for GC and Citizens (which is not mentioned anywhere in the offer letter).
The thing is that they are threatening me and they were so rough and hard when I finally spoke to them. They said that they will be sending the vouchers for me to pay them back.
I thank God for not joining this company as I came to know about their true colors now, they are so money minded and the words they spoke were so harmful. I am pretty sure they would have created more problems for some other reasons if I had joined them.
Even though I did not sign any bond, I am really scared by the way they spoke to me. Any help or advice will be greatly appreciated.
There is a new memo out which will screw the life of these pimps. Rise up and name company B here. I will suggest you a way to file a complaint with DOL.
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reddymjm
03-06 09:00 AM
Hey fill in ur info.
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desi3933
05-15 04:10 PM
In this circumstance it is fine to file an H-1 petition while the L-1B appeal is pending.
He is out of status right now. Won't that impact H-1B Change of Status? He may get COS without I-94 attached and that may require him to travel outside USA to get visa stamp.
My understanding is that beneficiary must be in-status at the time of filing for change of status.
Thanks!
He is out of status right now. Won't that impact H-1B Change of Status? He may get COS without I-94 attached and that may require him to travel outside USA to get visa stamp.
My understanding is that beneficiary must be in-status at the time of filing for change of status.
Thanks!
fromnaija
07-20 04:59 PM
I'll be checking the source of this. I'll be glad if you could point me in the right direction. Thanks.
However, this does not apply to the first poster (juz4forums). But it does answer the question of the second poster(immiguy).
Suject to certain conditions, children born abroad to permanent resident mothers are permanent residents. The requirements are that such a child must be brought to the U.S. on the mother's first return trip, and this trip must occur before the child is two years of age. I think, the child in this situation does not need a visa. Please check with your lawyer.
The necessary paperwork is processed at the port of entry, based on the mother's permanent resident status and birth certificate for the child.
____________________
Not a legal advice.
However, this does not apply to the first poster (juz4forums). But it does answer the question of the second poster(immiguy).
Suject to certain conditions, children born abroad to permanent resident mothers are permanent residents. The requirements are that such a child must be brought to the U.S. on the mother's first return trip, and this trip must occur before the child is two years of age. I think, the child in this situation does not need a visa. Please check with your lawyer.
The necessary paperwork is processed at the port of entry, based on the mother's permanent resident status and birth certificate for the child.
____________________
Not a legal advice.
rc10580
06-13 03:06 PM
South of Brazil sounds good to me but my husband is not open to it and he is the one who is Brazilian :rolleyes:
He is much more in favor of Europe and since I have EU passport we can basically live anywhere and he would be able to work the next day :D I feel like I have put so much effort into this by now that I'm not walking away this close. We will hang on and make decisions once we have GC and options to chose. You are so close! Don't give up now after waiting so long! Is your situation at work that bad? Is your wife working?
He is much more in favor of Europe and since I have EU passport we can basically live anywhere and he would be able to work the next day :D I feel like I have put so much effort into this by now that I'm not walking away this close. We will hang on and make decisions once we have GC and options to chose. You are so close! Don't give up now after waiting so long! Is your situation at work that bad? Is your wife working?
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