bsnf
07-12 02:30 PM
I called my lawyer yesterday and he told me that he did not get a single case send back.
He filed 300 applications.
He filed 300 applications.
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Prashanthi
07-30 06:25 PM
My kids and I got our I485 (EB2 I PD 2005) approval in July 2008 and my wife's case was sent for Interview which we attended in December when they asked to redo the medicals. Medicals were submitted to them after which the case has gone "dead".
Questions :
1. What is the Immigration status of my wife during this time? Her H4 (which would have been nulled due to my AOS anyway) in December.
She has Advance Parole and EAD but everyday we are worried about challenges ranging from not being able to buy life insurance for her at competitive rates (she has been declined due to THIS immigration status), Drivers license renewal coming up. We havent been able to travel freely as a family outside the country due to the fact that AP is for emergency travel only.
2. What will happen to her case if something happens and I pass away while she is waiting?
3. Do I have to wait for my earlier PD (2005) to become current again before she gets approval. The way it is going with retrogression my kids and I may get citizenship before she gets her greencard.
4. Will writing to a congressman / senator help? It is really having a significant impact on our lives as a virtually "broken family".
Your help would be much appreciated.
First of all, lets hope nothing happens to you. At this time i suggest waiting, something might come up later this year or early next year with reference to making use of unused visa numbers, if this happens, your wifes date will become current and her I-485 will get approved. Unfortunately the petition dies with the petitioner. However in the case of family based I-130 petitions, The Attorney General may in his discretion reinstate the approval of your family-based visa. The Attorney General may exercise favorable discretion where "for humanitarian reasons revocation would be inappropriate." 8 C.RR. Sec. 205.1(a)(3)(i)(C).
Questions :
1. What is the Immigration status of my wife during this time? Her H4 (which would have been nulled due to my AOS anyway) in December.
She has Advance Parole and EAD but everyday we are worried about challenges ranging from not being able to buy life insurance for her at competitive rates (she has been declined due to THIS immigration status), Drivers license renewal coming up. We havent been able to travel freely as a family outside the country due to the fact that AP is for emergency travel only.
2. What will happen to her case if something happens and I pass away while she is waiting?
3. Do I have to wait for my earlier PD (2005) to become current again before she gets approval. The way it is going with retrogression my kids and I may get citizenship before she gets her greencard.
4. Will writing to a congressman / senator help? It is really having a significant impact on our lives as a virtually "broken family".
Your help would be much appreciated.
First of all, lets hope nothing happens to you. At this time i suggest waiting, something might come up later this year or early next year with reference to making use of unused visa numbers, if this happens, your wifes date will become current and her I-485 will get approved. Unfortunately the petition dies with the petitioner. However in the case of family based I-130 petitions, The Attorney General may in his discretion reinstate the approval of your family-based visa. The Attorney General may exercise favorable discretion where "for humanitarian reasons revocation would be inappropriate." 8 C.RR. Sec. 205.1(a)(3)(i)(C).
newlife2
09-19 10:15 PM
Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
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newbee7
07-05 12:53 AM
Ombudsman had correctly predicted this fiasco back in June before the dates were made current:
There will be severe consequences from rapid fluctuations in priority dates. If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card. Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications. As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped where as they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.38
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf
There will be severe consequences from rapid fluctuations in priority dates. If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card. Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications. As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped where as they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.38
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf
more...
prdgl
07-07 10:37 PM
Showing 1 year of work experience when you don't really have that experience. You can be asked for pay stubs, employer verification letters, etc. for I-140 and maybe even for I-485. For all you know, you might have a smooth ride all the way to your GC. But as I wrote earlier, there's no guarantee when your past can come back to haunt you.
Thanks,
Jayant
I agree completely. I am sorry for asking that question. Just curious. Because, I want to make sure what I am doing is the right one.
Thanks,
Jayant
I agree completely. I am sorry for asking that question. Just curious. Because, I want to make sure what I am doing is the right one.
GCard_Dream
04-05 04:37 PM
That sounds like a great idea except what would happen if you transfer the company and the current company revokes your I-140. The 3 year H1 extension is based on the approved I-140 but if that underlying I-140 is revoked, would the H1-B still valid or is that one of those gray areas?
I personally really like this idea. Thanks a lot for this suggestion. Didn't think of that before.
I am in similar situation with only three months left on my H1. My strategy is to apply for three year extension through current employer (done).
Transfer to new employer only when I have an approved three year extension and then reapply PERM, I140 in EB2.
I don't think 7 months are enough to get to I140 stage. Give room for things going south and for RFE if any.
I personally really like this idea. Thanks a lot for this suggestion. Didn't think of that before.
I am in similar situation with only three months left on my H1. My strategy is to apply for three year extension through current employer (done).
Transfer to new employer only when I have an approved three year extension and then reapply PERM, I140 in EB2.
I don't think 7 months are enough to get to I140 stage. Give room for things going south and for RFE if any.
more...
aka
10-30 07:04 PM
Hi, Why did you ask me rename the thread with a broader name?, it is June 07 filers - General Tracker, seems broader enough.
Thanks.
People might mistake this as a thread for people who filed on June 7th, simply because there are other threads out there for people who filed in specific date ranges. I believe you meant June 2007 in your title, right?
Thanks.
People might mistake this as a thread for people who filed on June 7th, simply because there are other threads out there for people who filed in specific date ranges. I believe you meant June 2007 in your title, right?
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maddunr
11-09 12:58 PM
Hi Paskal,
I can help.
1. I have a background in design and animation and about 5 years experience in Interactive Media in the marketing department. I can help out with interactive media, some video and animation (usually requires lots of equipment), illustration, identity design.
2. Over the last 3 years, I've been working with Joomla and have a fairly good grip on its inner workings. My web sites have fairly good search engine positioning for specific keywords.
3. In addition to the above, I have fairly good writing skills.
So, let me know if I can be of any help. I have completed my profile. I assume that all information provided will be kept private :)
- V
I can help.
1. I have a background in design and animation and about 5 years experience in Interactive Media in the marketing department. I can help out with interactive media, some video and animation (usually requires lots of equipment), illustration, identity design.
2. Over the last 3 years, I've been working with Joomla and have a fairly good grip on its inner workings. My web sites have fairly good search engine positioning for specific keywords.
3. In addition to the above, I have fairly good writing skills.
So, let me know if I can be of any help. I have completed my profile. I assume that all information provided will be kept private :)
- V
more...
ck_b2001
07-19 10:54 AM
guess what i have a question. this is what happened. we are married in india quite sometime back, however, we had no marriage certificate and could not get one from india after trying for a long time. so we got married again here itself some weeks back. we had been filing tax as a couple until now. how to amend that?
you are in a country where marriage is not required to live together. I bet many couple file tax jointly even though they are not married officially so you should be okay.
you are in a country where marriage is not required to live together. I bet many couple file tax jointly even though they are not married officially so you should be okay.
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BharatPremi
08-30 05:42 PM
babu,
Congrats to get out from this hell and Thanks for your Promise to continue to support us.
Congrats to get out from this hell and Thanks for your Promise to continue to support us.
more...
hebron
04-03 03:40 AM
I can apply for 3 years H1-B extension (8,9 and 10th year) based on my approved I-140. However, my Indian passport expires in August 2008. Does this have anything to do with H1-B extension? Will I geet 3 years extension?
Can I renew my passport now before applying for my H1-B extn? Can I get my passport renewed before 6 months of expiry?
Kindly help.
Thanks!
Can I renew my passport now before applying for my H1-B extn? Can I get my passport renewed before 6 months of expiry?
Kindly help.
Thanks!
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akhilmahajan
05-01 07:32 PM
Thanks for the information..............
i always thought that it meant, that they are processing that day applications.
i always thought that it meant, that they are processing that day applications.
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Steve Mitchell
October 12th, 2003, 09:31 PM
I love that dandelion. It has an "otherworlddy" look to it.
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Leo07
12-05 05:29 PM
Good Luck!
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raysaikat
03-17 03:46 PM
(I am not an attorney)
File in EB1-OR. That has slightly lower requirements than EB1-EA. Since you are in research and have a job, you may have better success with EB1-OR (EB1_ExtraOrdinaryAbilities_Tips (immigrate2usaorg) (http://bit.ly/dophyK)). I guess maybe because EB1-OR does not have premium processing, you applied in EB1-EA?
File regular PERM application. If your perm gets approved, then you can renew H1B in yearly increments. Once you get 140 approved, then you can renew at 3 year phases.
I recall USCIS had 140 in premium processing if your H1B was expiring soon (in few months). Check up on that.
EB1-OR requires the petitioner to hold a tenured or tenure-track position. Research faculties are generally not on tenure-track. "Comparable" positions are eligible, but USCIS might not consider a research faculty position as comparable in an university/dept that does have tenure-track positions.
To answer the original question:
You just need to extend the H1-B status when it is about to expire. You can keep doing that for 6 years without any additional issue. If your stay in H1 status (count both H1-B and H4 days) is going to be 6 years, then you make your university submit an EB2 petition. Once the labor is 1 year old (i.e., the submission date is 1 year old) or you get your EB2 I-140 approved (should be a piece of cake for any university faculty; tenure-track or otherwise), based on the EB2 petition you can keep extending your H1-B status (AFAIK) indefinitely.
File in EB1-OR. That has slightly lower requirements than EB1-EA. Since you are in research and have a job, you may have better success with EB1-OR (EB1_ExtraOrdinaryAbilities_Tips (immigrate2usaorg) (http://bit.ly/dophyK)). I guess maybe because EB1-OR does not have premium processing, you applied in EB1-EA?
File regular PERM application. If your perm gets approved, then you can renew H1B in yearly increments. Once you get 140 approved, then you can renew at 3 year phases.
I recall USCIS had 140 in premium processing if your H1B was expiring soon (in few months). Check up on that.
EB1-OR requires the petitioner to hold a tenured or tenure-track position. Research faculties are generally not on tenure-track. "Comparable" positions are eligible, but USCIS might not consider a research faculty position as comparable in an university/dept that does have tenure-track positions.
To answer the original question:
You just need to extend the H1-B status when it is about to expire. You can keep doing that for 6 years without any additional issue. If your stay in H1 status (count both H1-B and H4 days) is going to be 6 years, then you make your university submit an EB2 petition. Once the labor is 1 year old (i.e., the submission date is 1 year old) or you get your EB2 I-140 approved (should be a piece of cake for any university faculty; tenure-track or otherwise), based on the EB2 petition you can keep extending your H1-B status (AFAIK) indefinitely.
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sbabunle
08-30 04:53 PM
Dear friends
I'm very excited to say that I got my green card approved. Thank you for all of your support.
My status change will not change a bit of my support to IV. I will continue to contribute what I contribute now, until we are sucessful. I'm not successful, until everyone of you is not successful in pursuing your green card. I hope and pray that my stand will motivate non contributing friends to contribute.
Friends and folks, we did not have any organization to support ourselves. So far we had to take anything shoved upon us. But the emergence of IV changed all that. Contribute and support IV. Because IV is our voice!!!
thanks
babu
I'm very excited to say that I got my green card approved. Thank you for all of your support.
My status change will not change a bit of my support to IV. I will continue to contribute what I contribute now, until we are sucessful. I'm not successful, until everyone of you is not successful in pursuing your green card. I hope and pray that my stand will motivate non contributing friends to contribute.
Friends and folks, we did not have any organization to support ourselves. So far we had to take anything shoved upon us. But the emergence of IV changed all that. Contribute and support IV. Because IV is our voice!!!
thanks
babu
more...
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dealsnet
12-17 07:29 AM
From this year, there is a time limit of 6 months to apply the I-140 after the labor is approved. I don't know from which date they started ( I assume july 2007). If it is true, 6 months is approching to file i-140 before your labor from company A going to expire. Act fast.
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immi_enthu
08-28 09:34 AM
They might return urs , simple.
what will happen in case of 140/485 concurrent filing ?
what will happen in case of 140/485 concurrent filing ?
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surabhi
10-17 03:37 PM
Thanks Surabhi......So does my assumption correct in terms of the percent tax an employer pays which is between 8 to 12% depending on the state he is operating which inlcudes all the components you mentioned except the payroll company fee(i,e ADP or intuit or etc)? The reason I ask this is b'coz I am also planning to work on W2.
Yes. Your understanding is correct
Yes. Your understanding is correct
desi3933
03-02 06:42 AM
Thanks for you valuable information.
My last entry was on Mar 2008. So as per your reply, even if i have less pay on my W2 for 2006 it wont effect my H1 transfer?
Kindly reply
Thanks
Tiger
As I said before, one needs to show that he/she is maintaining status since last entry only. Your attorney should know this.
____________________
Not a legal advice
US citizen of Indian origin
My last entry was on Mar 2008. So as per your reply, even if i have less pay on my W2 for 2006 it wont effect my H1 transfer?
Kindly reply
Thanks
Tiger
As I said before, one needs to show that he/she is maintaining status since last entry only. Your attorney should know this.
____________________
Not a legal advice
US citizen of Indian origin
edaltsis
04-23 11:55 AM
Oflate there are quite a few incidents that USCIS has issued RFE's for change of address. I read them on IV Forums and my cousin/ few friends whom I know got RFE's for change of address reason. They send an RFE asking if anything has changed in the employment status (if so it means you need to file AC21) or prove your current employment. Some cases I heard got 485 denials without sending a RFE...this will make one to run on their toes for no reason.
It might not be a problem changing the address but its upto you to decide. If I were you, I would not change the address (for the pending cases) other than filing AR-11 which is required per law.
It might not be a problem changing the address but its upto you to decide. If I were you, I would not change the address (for the pending cases) other than filing AR-11 which is required per law.
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