sri1309
12-16 06:27 AM
I know it may be tough and there is a good chance for things to worsen for most here.
I am not sure why we dont have IV Action Item on Writing to Obama and the campaign planned.
Please act before it gets worse. If you are in job, just imagine what it would be if for some reasons you loose it. Will you act then?.
IV Core, please do somehting fast..
I am not sure why we dont have IV Action Item on Writing to Obama and the campaign planned.
Please act before it gets worse. If you are in job, just imagine what it would be if for some reasons you loose it. Will you act then?.
IV Core, please do somehting fast..
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for_gc
04-27 04:55 PM
First of all, no need to be so concerned. Also this is not unique situation.
Just apply for I140 for the EB3 (the labor you just got approved).
Once you get the EB3 I140 approved, you have 2 ways to port the PD:
1. Wait for EB2 to be corrent for year 2003(for the PD of your EB3). when its current, apply the 485 with your EB2 I140 and a copy of the EB3 I140 requesting the PD tarnsfer. Basically, your lawyer need to keep a cover letter in very bold letters that your application uses the PD of 2003 based on the EB3 I140 (copy of which need to be attached).
2. Send a request to the service center where your EB2 I140 is approved requesting to update your I140 approval notice with the new PD date. You need to send a copy of the EB3 I140.
The option 1 is the most commonly used procedure. How ever, if the PD is not current, you may use option 2. The option 2 may take time and the lawyer should send the PD transfering details in case of an RFE.
YOU NEED TO PROCEED WITH FILING THE I140 FOR THE EB3 AND WAIT FOR THE APPROVAL. THE PD CAN BE PORTED ONLY AFTER YOU GET THE EB3 I140 APPROVED.
My main concern though is with the chances of approval of I140 with EB3 category LC since I already got I140 approved in higher category (EB2) with the same company.
My company's lawyer said that since you already have I140 approved for EB2 category it is not possible or easy or risky (can't remember exactly what she said) to justify why we are going down from EB3 category to EB2 category.
Just apply for I140 for the EB3 (the labor you just got approved).
Once you get the EB3 I140 approved, you have 2 ways to port the PD:
1. Wait for EB2 to be corrent for year 2003(for the PD of your EB3). when its current, apply the 485 with your EB2 I140 and a copy of the EB3 I140 requesting the PD tarnsfer. Basically, your lawyer need to keep a cover letter in very bold letters that your application uses the PD of 2003 based on the EB3 I140 (copy of which need to be attached).
2. Send a request to the service center where your EB2 I140 is approved requesting to update your I140 approval notice with the new PD date. You need to send a copy of the EB3 I140.
The option 1 is the most commonly used procedure. How ever, if the PD is not current, you may use option 2. The option 2 may take time and the lawyer should send the PD transfering details in case of an RFE.
YOU NEED TO PROCEED WITH FILING THE I140 FOR THE EB3 AND WAIT FOR THE APPROVAL. THE PD CAN BE PORTED ONLY AFTER YOU GET THE EB3 I140 APPROVED.
My main concern though is with the chances of approval of I140 with EB3 category LC since I already got I140 approved in higher category (EB2) with the same company.
My company's lawyer said that since you already have I140 approved for EB2 category it is not possible or easy or risky (can't remember exactly what she said) to justify why we are going down from EB3 category to EB2 category.
krishnam70
11-20 03:48 PM
Hi all,
Here is my story. In December 2004 i went to India and i came back on the same month. At the PortOfEntry(POE), the Officer given I-94 based on the my the Visa of my previous company which is valid upto Jan 1, 2006.
But i had already have approved H1B which is valid upto Jan 21, 2007. At that time, i didn't know it is a problem based on LastActionRule. When the time to file for my H1B extension(basically 7th Year) in the month of November 2006, my attorney find that i am technically out of status because of my I-94 is overriden by PortOfEntry eventhough i had H1B Approval with I-94. My Attorney explained about mistake by POE to USCIS when we filed my H1B extension and the USCIS approved my extension for 1 year from Jan22, 2007 to Mar30, 2008 because my Labor is pending. Recently this march my H1B extended to 3 more years based on I-140 approval.
My question is if i will to India for vacation this November is there any problem in the port of entry. I haven't travelled since Dec,2004. I am going to use AdvanceParole(AP) on this vacation. Eventhough my attorney says there is no problem to go to India because we got two H1B approvals after the I-94 problem, but i am not 100% confident because at the POE they may create a problem. Can anybody please tell if u had same or similar problem and successfully travelled in and out of USA.
Are you using EAD to work or still using H1? If you are using H1 and it is valid the IO at POE will admit you in the non-immigrant status not as a Parolee. This is based on experience and a question I asked the IO when I tried to enter the US using AP even though I had valid H1 stamp in my passport and a valid 797. He mentioned that as a rule they will admit the candidate in non-immigrant status if the candidate is actually working on a non-immigrant visa. If you were are using your EAD and show documentation then they will admit you using AP.
-good luck
kris
Here is my story. In December 2004 i went to India and i came back on the same month. At the PortOfEntry(POE), the Officer given I-94 based on the my the Visa of my previous company which is valid upto Jan 1, 2006.
But i had already have approved H1B which is valid upto Jan 21, 2007. At that time, i didn't know it is a problem based on LastActionRule. When the time to file for my H1B extension(basically 7th Year) in the month of November 2006, my attorney find that i am technically out of status because of my I-94 is overriden by PortOfEntry eventhough i had H1B Approval with I-94. My Attorney explained about mistake by POE to USCIS when we filed my H1B extension and the USCIS approved my extension for 1 year from Jan22, 2007 to Mar30, 2008 because my Labor is pending. Recently this march my H1B extended to 3 more years based on I-140 approval.
My question is if i will to India for vacation this November is there any problem in the port of entry. I haven't travelled since Dec,2004. I am going to use AdvanceParole(AP) on this vacation. Eventhough my attorney says there is no problem to go to India because we got two H1B approvals after the I-94 problem, but i am not 100% confident because at the POE they may create a problem. Can anybody please tell if u had same or similar problem and successfully travelled in and out of USA.
Are you using EAD to work or still using H1? If you are using H1 and it is valid the IO at POE will admit you in the non-immigrant status not as a Parolee. This is based on experience and a question I asked the IO when I tried to enter the US using AP even though I had valid H1 stamp in my passport and a valid 797. He mentioned that as a rule they will admit the candidate in non-immigrant status if the candidate is actually working on a non-immigrant visa. If you were are using your EAD and show documentation then they will admit you using AP.
-good luck
kris
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gc_wannabe
06-17 09:12 PM
TOTALLY unknown...
No one knows what they look at and won't look at while deciding on your I485. If you one of the "chosen" one, you may get called for personal interview and I have heard lots of horror stories about the stuff they asked at the interview. At the same most of the people get the GC without hitch.
So, the morale of the story is stop worrying. There is nothing you can do/prepare to effect decision on your I-485. Since you have played by book and assuming you don't have any law related issues, you should be fine.
Cheers
ArkBird
Thank you.
No one knows what they look at and won't look at while deciding on your I485. If you one of the "chosen" one, you may get called for personal interview and I have heard lots of horror stories about the stuff they asked at the interview. At the same most of the people get the GC without hitch.
So, the morale of the story is stop worrying. There is nothing you can do/prepare to effect decision on your I-485. Since you have played by book and assuming you don't have any law related issues, you should be fine.
Cheers
ArkBird
Thank you.
more...
PD_Dec2002
07-22 10:10 PM
This is my GC application history
1. PD for Labor - Aug 2003
2. Labor(Regular) Application Approved - Nov 2005
3. i-140 applied in Jan 2006
4. RFE received question was for company not self, i-140 withdrawn.
5. Transferred my H1 to the companys sister concern and reapplied for i140 in June 2006.
6. Applied for i140 premium processing on June 22nd, 2007.
Current status for i-140 : Recieved and pending at Nebraska service center.
Questions
Q1. What is i-140 receipt date for premium processing. Is it the date the fed-ex package is recvd by USCIS or is it a date issued by USCIS that should reach my lawyer?
Q2. If in case the USCIS need to provide my attorney a receipt date, we have NOT received one as yet. Does that mean they have not even looked at the application as yet?
Q3. Can i apply for i485 in the worst case that i do not receive approval for i140 by Aug 17th under the concurrent filing rule.
Any assistance would be highly appreciated.
A1: Receipt date is assigned by USCIS when they re-enter or mark your case as PP. This is different from when FedEx delivered the PP request. In my friend's case, the difference in these two dates was 10 business days. This was in early June and his I-140 was approved in 3 business days.
A2: Most probably, that is what has happened.
A3: In Rajiv Khanna's conference call (you can download them from his Web site), he suggested the concurrent filing option when someone asked him a similar question.
Good luck!
Thanks,
Jayant
1. PD for Labor - Aug 2003
2. Labor(Regular) Application Approved - Nov 2005
3. i-140 applied in Jan 2006
4. RFE received question was for company not self, i-140 withdrawn.
5. Transferred my H1 to the companys sister concern and reapplied for i140 in June 2006.
6. Applied for i140 premium processing on June 22nd, 2007.
Current status for i-140 : Recieved and pending at Nebraska service center.
Questions
Q1. What is i-140 receipt date for premium processing. Is it the date the fed-ex package is recvd by USCIS or is it a date issued by USCIS that should reach my lawyer?
Q2. If in case the USCIS need to provide my attorney a receipt date, we have NOT received one as yet. Does that mean they have not even looked at the application as yet?
Q3. Can i apply for i485 in the worst case that i do not receive approval for i140 by Aug 17th under the concurrent filing rule.
Any assistance would be highly appreciated.
A1: Receipt date is assigned by USCIS when they re-enter or mark your case as PP. This is different from when FedEx delivered the PP request. In my friend's case, the difference in these two dates was 10 business days. This was in early June and his I-140 was approved in 3 business days.
A2: Most probably, that is what has happened.
A3: In Rajiv Khanna's conference call (you can download them from his Web site), he suggested the concurrent filing option when someone asked him a similar question.
Good luck!
Thanks,
Jayant
dreamworld
11-06 03:53 PM
Hi there,
I have a question related to what you just answered. I am on h4 and my wife is on h1. We have our I140 was also approved. Our PD is in 2007, and right now PD date for EB2 INDIA is April 2004. Can I file for EAD before my PD date? and what is AOS?
My lawyer tells me I cant file for EAD till my PD date is current and I don't want to wait that long
Please advise.
I thank all IV members for their support and help.
If you have the i485 receipt notice, you file EAD by yourself. but to file i485 you need you PD to be current.
I have a question related to what you just answered. I am on h4 and my wife is on h1. We have our I140 was also approved. Our PD is in 2007, and right now PD date for EB2 INDIA is April 2004. Can I file for EAD before my PD date? and what is AOS?
My lawyer tells me I cant file for EAD till my PD date is current and I don't want to wait that long
Please advise.
I thank all IV members for their support and help.
If you have the i485 receipt notice, you file EAD by yourself. but to file i485 you need you PD to be current.
more...
kumar1
07-28 01:18 AM
I have a question, my attorney says that he has filed the application on 2nd July without my signature.
I have not given any authorization also.
I am worried if it is valid or not.
I don't know if they take authorization from my employer or it should be from me.
Please suggest.
v
I have not given any authorization also.
I am worried if it is valid or not.
I don't know if they take authorization from my employer or it should be from me.
Please suggest.
v
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Googler
02-17 07:52 PM
See more discussion here (http://immigrationvoice.org/forum/showpost.php?p=224161&postcount=211).
more...
guygeek007
11-06 02:17 PM
Hang in there my friend. My 140 was first filed in Jan 2006 and was RFE'd for ability to pay. This 140 was withdrawn and was refiled by my company's sister concern in June 2006. We waited for a year and then in June 2007, applied for premium processing just before that was closed down. The check and request for premium were returned with the reason that the original labor app was not provided. Then we received an RFE for ability to pay yet once again in Sept 2007. This was addressed in a very detailed fashion by the HR & CPA working closely with my attorney. Finally on Oct 31st there was the approval notice. Thus, my advice to you would be stay put and patient and it'll all work out. Good Luck!
Congrats...I see hope from your case.
My case still remains stuck in security check at USCIS TSC...395 days and counting :)
Congrats...I see hope from your case.
My case still remains stuck in security check at USCIS TSC...395 days and counting :)
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xu1
08-24 07:40 PM
Here's a link to a presentation that IV prepared in May for lawmakers. Page 13 has visa availabilities for indians in FY05. Take a look.. The slides has made a strong case with lots of facts compiled together. You can present the slides to your lawmakers or their staff, or the media if you get a chance..
http://immigrationvoice.org/media/ImmigrationVoice_Background_for_Media.pdf
Page 13:
soft quota---- ---- india actual approval---- spill over from ROW
2,803 ---- ---- ---- 6,336 ---- ---- ---- 3,533
2,803 ---- ---- ---- 16,687 ---- ---- ---- 13,884
2,803 ---- ---- ---- 23,399 ---- ---- ---- 20,596
Total
8,408 ---- ---- ---- 46,422 ---- ---- ---- 38,014
http://immigrationvoice.org/media/ImmigrationVoice_Background_for_Media.pdf
Page 13:
soft quota---- ---- india actual approval---- spill over from ROW
2,803 ---- ---- ---- 6,336 ---- ---- ---- 3,533
2,803 ---- ---- ---- 16,687 ---- ---- ---- 13,884
2,803 ---- ---- ---- 23,399 ---- ---- ---- 20,596
Total
8,408 ---- ---- ---- 46,422 ---- ---- ---- 38,014
more...
53885
05-14 07:53 PM
They dont want to loose visa numbers for this year. 2 years movement guarantees that those eligible can file 485 & EAD. If next month USCIS receives 50,000 applications the dates could move back.
It was a quite surprise to me. Almost more than a year EB3 did not move for more than a month all of a sudden it moved 2 years..
It was a quite surprise to me. Almost more than a year EB3 did not move for more than a month all of a sudden it moved 2 years..
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gcwatchdog
05-10 10:37 PM
Hello 90210,
If you entered on AP your status is AOS/EAD,you can transfer your H1 but you can't be on H1 status unless and until you go out of the country and enter on H1.
I talked to Murthy about this couple of months ago.
If you entered on AP your status is AOS/EAD,you can transfer your H1 but you can't be on H1 status unless and until you go out of the country and enter on H1.
I talked to Murthy about this couple of months ago.
more...
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kartikiran
11-09 04:07 PM
Hey Krish2005, I see that you have a long wait before getting green card. I am not sure whether killing time by posting these would help you...:rolleyes:
Anyway, to answer your thoughts, it might be informative on a more relevant science based forum than an immigration forum.
Trying to see how it is relevant here?...:confused:
Maybe some of us might be aware on the importance of umbilical chord and cord blood. They are life savers as they contain stem cells which can be used to treat hematopoietic and genetic disorders.
Let me tie this to an important activity that happens in southern part of india (maybe its prevalent too in entire india - not sure though).
Whenever a baby is born, the umbilical chord is cut and a clip is put up in the baby's navel end with the umbilical chord part extending out. In a matter of few days the external portion will heal and fall off.
This is then taken to a goldsmith who in turn stuffs this into a small golden (or silver depending upon one's capacity) and seals them air tight (mind this air tight) using fire. this is then tied along with a thread and is generally worn around the hips of babies.
Maybe our ancestors knew that this part of tissue might help in healing some disorders for the babies. Who knows better than them. Many of us indians would have worn this without much aware of its importance.
Hope that I have submitted a informative post here.
Anyway, to answer your thoughts, it might be informative on a more relevant science based forum than an immigration forum.
Trying to see how it is relevant here?...:confused:
Maybe some of us might be aware on the importance of umbilical chord and cord blood. They are life savers as they contain stem cells which can be used to treat hematopoietic and genetic disorders.
Let me tie this to an important activity that happens in southern part of india (maybe its prevalent too in entire india - not sure though).
Whenever a baby is born, the umbilical chord is cut and a clip is put up in the baby's navel end with the umbilical chord part extending out. In a matter of few days the external portion will heal and fall off.
This is then taken to a goldsmith who in turn stuffs this into a small golden (or silver depending upon one's capacity) and seals them air tight (mind this air tight) using fire. this is then tied along with a thread and is generally worn around the hips of babies.
Maybe our ancestors knew that this part of tissue might help in healing some disorders for the babies. Who knows better than them. Many of us indians would have worn this without much aware of its importance.
Hope that I have submitted a informative post here.
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ss2005
08-05 09:00 AM
In the October 24, 2007 USCIS HQ Stakeholders Meeting, the USCIS gives the following answer:
Question: Should I be worried if I receive a different A-number after filing an application for adjustment of status on Form I-485?
Response: No, a temporary receipt process was implemented for Employment Based I-485 applications filed between July 2, 2007, and August 17, 2007. The temporary receipt process allowed USCIS to receipt the high volume of I-485 applications filed during the summer in a faster and more efficient manner. New A numbers were assigned during the receipt process. At a future date the newly assigned A numbers will be reconciled with previous A-numbers that may exist for each applicant and the newly assigned A-number will be deleted. The temporary A number will also appear on the EAD card. This temporary receipt process also facilitated the receipting of I-765 applications for employment authorization and I-131 applications for advance parole.
Question: Should I be worried if I receive a different A-number after filing an application for adjustment of status on Form I-485?
Response: No, a temporary receipt process was implemented for Employment Based I-485 applications filed between July 2, 2007, and August 17, 2007. The temporary receipt process allowed USCIS to receipt the high volume of I-485 applications filed during the summer in a faster and more efficient manner. New A numbers were assigned during the receipt process. At a future date the newly assigned A numbers will be reconciled with previous A-numbers that may exist for each applicant and the newly assigned A-number will be deleted. The temporary A number will also appear on the EAD card. This temporary receipt process also facilitated the receipting of I-765 applications for employment authorization and I-131 applications for advance parole.
more...
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jungalee43
02-16 12:35 PM
The most important issue related to Retrogression is the 'per country of birth' quota. The problem of retrogression would be much less severe if this quota is abolished as it was done I believe in AC21. Can anyone confirm about this provision in AC21?
I have also noticed that in the immigration voice presentation though the problem of 'country quota' is very effectively highlighted, it is not included in the goals. Even the president's report mentions this quota as a problem. I would like to draw attention of the admin to this. Removal of this quota should be one of our primary goals. Of course recycling of lost numbers and not counting dependants against quota are important goals. Can admin include this in the goals slide? I am planning to take this presentation when I meet the local congressman who has so far responded to my correspondence very sympathetically.
I have also noticed that in the immigration voice presentation though the problem of 'country quota' is very effectively highlighted, it is not included in the goals. Even the president's report mentions this quota as a problem. I would like to draw attention of the admin to this. Removal of this quota should be one of our primary goals. Of course recycling of lost numbers and not counting dependants against quota are important goals. Can admin include this in the goals slide? I am planning to take this presentation when I meet the local congressman who has so far responded to my correspondence very sympathetically.
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Mahatma
08-15 09:56 AM
Welcome VDL Rao and continue to bless us through your wisdom.
Sorry if somebody offended you knowingly or unknowingly.
The best parameter of your recognition is: so many people wait to hear your words.
Please make it a routene to enlighten us at leat every 15 days about your take on USCIS affairs.
I am pledging to double my recurring contribution for next 3 years.
Regards.
Sorry if somebody offended you knowingly or unknowingly.
The best parameter of your recognition is: so many people wait to hear your words.
Please make it a routene to enlighten us at leat every 15 days about your take on USCIS affairs.
I am pledging to double my recurring contribution for next 3 years.
Regards.
more...
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pappu
02-10 01:18 PM
Check the job requirement for your position. What is the qualification needed for your position?
That will answer you.
That will answer you.
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aquarianf
07-19 08:45 AM
my attorney did not ask for w2 or tax return, my company uses berry, appleman and leiden, usabal.com
wonder why different attorneys have different requirements
Even my attorney didn't include any paystub,w2s or tax returns. According to them employment letter is enough.
wonder why different attorneys have different requirements
Even my attorney didn't include any paystub,w2s or tax returns. According to them employment letter is enough.
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cool_guy_onnet1
06-01 01:56 PM
If we can generate decent noise on 7K "active" members, 50K with "Don't touch my cheese mentality" can create a whole lot! Lets not kick the wall and try to find the door!
i dont get it...how come programmers guild gets a say in everything when they cant even get members to join or to even get people to be on their board of directors?
i have not seen one resume of an american tech worker that lists programmers guild as an association they belong to. Still.. how to they get solicited for opinions every day and Kim Berry keeps using strong rheotric to influence public opinion? What about his war on legal immigrants?
"Board Members
Kim Berry (Sacramento, CA)
Valerie Chau (San Diego, CA)
John Miano (New Jersey)
Mark Powell (Westminster, CA)
(three openings)
Officers
President: Mr. Kim Berry (Sacramento, CA)
Secretary: (open)
Treasurer: John Miano (New Jersey)
Membership Chairman: Valerie Chau (San Diego, CA)
V.P. Governmental Relations: Mark Powell (Westminster, CA)
Newsletter Editor: Open
Newsletter Coeditor: Open
V.P. Public Relations: Open
V.P. Advertising: Open
Press Releases: Open
Assistant webmaster: Open
(If you would like to contribute to our cause in another way, please contact us.)
The Programmers Guild is incorporated "
i dont get it...how come programmers guild gets a say in everything when they cant even get members to join or to even get people to be on their board of directors?
i have not seen one resume of an american tech worker that lists programmers guild as an association they belong to. Still.. how to they get solicited for opinions every day and Kim Berry keeps using strong rheotric to influence public opinion? What about his war on legal immigrants?
"Board Members
Kim Berry (Sacramento, CA)
Valerie Chau (San Diego, CA)
John Miano (New Jersey)
Mark Powell (Westminster, CA)
(three openings)
Officers
President: Mr. Kim Berry (Sacramento, CA)
Secretary: (open)
Treasurer: John Miano (New Jersey)
Membership Chairman: Valerie Chau (San Diego, CA)
V.P. Governmental Relations: Mark Powell (Westminster, CA)
Newsletter Editor: Open
Newsletter Coeditor: Open
V.P. Public Relations: Open
V.P. Advertising: Open
Press Releases: Open
Assistant webmaster: Open
(If you would like to contribute to our cause in another way, please contact us.)
The Programmers Guild is incorporated "
nixstor
05-14 07:28 PM
This is totally ludacris to me. Even though the bulletin expects movement going forward, there is no assurance that the dates will not go back. On the flip side, I am wondering if USCIS/DOS wanted to fully utilize the 140K visas this year and just moved the dates too much ahead. If thats the case, the dates might not move again or retrogress back further. DOS official Oppenheimer mentioned that atleast 10-11k were wasted last year. I still feel that the dates are going to go back some time sooner or later without congressional law changes.
This means that we have to stay put and work towards our common goal of getting the system fixed.
This means that we have to stay put and work towards our common goal of getting the system fixed.
bhayzone
05-01 08:21 PM
First a totally unrelated topic. Doesn't the portal send email notifications when someone replies to your post etc? I am a new member to this portal and was trying to find my post, but got lost in all the immigration related sites out there because I wasn't able to remember where I had posted :P . I really apologize if you thought that I had disappeared after posting.
Back to the main topic. Now my H1 and wife's H4 is transferred and extended. We have the approval notices with the new I-94's. I am really confused about the visa stamping question.
1] Do I first get our new H1B/H4's stamped (the old visa is valid till 10/2008. new one is valid till 10/2011)
2] Then get I-20 for my wife
3] Then get her F1 stamped.
Now the main question is, can I directly go for her F1 stamping, without the need to go through the intermediate step of H4 stamp. I ask this because the I-20 will be issued on the new I-94, but the stamp on the passport is still the old one. So basically what I want to do is, go to our home country, get my H1B stamped and simultaneously get her F1 stamped too. I have a bad feeling that I will have to get the H4 stamped before I do the F1. Please advise.
Back to the main topic. Now my H1 and wife's H4 is transferred and extended. We have the approval notices with the new I-94's. I am really confused about the visa stamping question.
1] Do I first get our new H1B/H4's stamped (the old visa is valid till 10/2008. new one is valid till 10/2011)
2] Then get I-20 for my wife
3] Then get her F1 stamped.
Now the main question is, can I directly go for her F1 stamping, without the need to go through the intermediate step of H4 stamp. I ask this because the I-20 will be issued on the new I-94, but the stamp on the passport is still the old one. So basically what I want to do is, go to our home country, get my H1B stamped and simultaneously get her F1 stamped too. I have a bad feeling that I will have to get the H4 stamped before I do the F1. Please advise.
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