jnraajan
03-29 04:13 PM
hi Munna,
thanks for your reply. you said no effect on your GC. but once I-140 with drawn then how can USCIS process 485? can you please eloborate.
Usually in that instance, you should receive a NOID from the USCIS. It goes to your lawyer. Which is why, if you are absolutely sure that your employer will revoke the I-140, it is better to file for AC21 with your own lawyer.(Not the company lawyer). In such a case, even if USCIS sends a notice to deny, it will reach your lawyer rather than the company's lawyer
thanks for your reply. you said no effect on your GC. but once I-140 with drawn then how can USCIS process 485? can you please eloborate.
Usually in that instance, you should receive a NOID from the USCIS. It goes to your lawyer. Which is why, if you are absolutely sure that your employer will revoke the I-140, it is better to file for AC21 with your own lawyer.(Not the company lawyer). In such a case, even if USCIS sends a notice to deny, it will reach your lawyer rather than the company's lawyer
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sameet
04-14 03:20 PM
With AC21, any employer with same/similar job description as in LC, can sponsor you (meaning promise to employ you upon your getting getting GC, and you agreeing to be their employee). In the meantime, you may be working for anybody, but not working for the sponsoring employer, might raise doubts of your and sponsoring employer's real intentions, resulting in RFE/interview etc.
Six month rule is just a general guideline. Intent behind this is that sponsoring was genuine, not just to get you GC. Circumstances can always change, before or soon after your getting GC for which you might want to keep documentation, just in case.
Let me get this straight:
I have a pending 485 through employer A and then switch my H1B to Employer B. In that case, if I file AC21 through Employer B as long as the position is same/similar (meaning in the same classification with similar responsibilities) will it cause any issues in getting a green card? Note that I will already be working for Employer B when I get the GC.
Just wondering if this situation would raise doubts in the IO's mind.
Six month rule is just a general guideline. Intent behind this is that sponsoring was genuine, not just to get you GC. Circumstances can always change, before or soon after your getting GC for which you might want to keep documentation, just in case.
Let me get this straight:
I have a pending 485 through employer A and then switch my H1B to Employer B. In that case, if I file AC21 through Employer B as long as the position is same/similar (meaning in the same classification with similar responsibilities) will it cause any issues in getting a green card? Note that I will already be working for Employer B when I get the GC.
Just wondering if this situation would raise doubts in the IO's mind.
krishmunn
11-24 01:27 PM
Go for SBI Global link ... best exchange rate and cheapest. They take 4 business days though. I never had any problem sending to any bank in India through SBI Global link. You (or your parents) do nto need an SBI Account to use this
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wandmaker
03-30 11:10 PM
Congratulations....
A couple of questions, which could everybody in analysis
- Did you use EAD ?
- Did you use AC21 ?
Thanks
Can you please fill your profile (chargability is missing....), this will also help IV to analyze (slice and dice)
A couple of questions, which could everybody in analysis
- Did you use EAD ?
- Did you use AC21 ?
Thanks
Can you please fill your profile (chargability is missing....), this will also help IV to analyze (slice and dice)
more...
hibworker
07-15 05:37 PM
Hand in all I-94 that are in your possession since last entry in to US.
jonty_11
08-10 05:25 PM
guys, this kind of proposals have been raised million times in last 5 years. These guys are passing their time till next election. Nothing is going to happen till next election. So do not build any hopes. None of the proposal is going to be a law before election.
Unless we fight for it..and support IV in the cause....
Participate in any way u can in teh DC RAlly.....and contribute plzzzzzzzzzzzzz
Cannot emphasize enough
Unless we fight for it..and support IV in the cause....
Participate in any way u can in teh DC RAlly.....and contribute plzzzzzzzzzzzzz
Cannot emphasize enough
more...
LondonTown
03-07 11:33 PM
i missed the second part of your question.
i personally know a friend whose 1-140 was denied and their 485 is obviously pending....he is working on EAD, they have appealed for the 140. While the case is pending the EAD has been extended by 2 years.
Hope this helps.
Stemcell: My 140 was also denied and immediately thereafter 485 was also denied. We appealed 140 which is currently pending, we have never used EAD. My lawyer told that if 140 will get approved as a result of appeal, we can re-open denied 485s.
Are you saying that your friends 485 was NOT denied though his 140 is denied? Please re-confirm with your friend and let us know.
i personally know a friend whose 1-140 was denied and their 485 is obviously pending....he is working on EAD, they have appealed for the 140. While the case is pending the EAD has been extended by 2 years.
Hope this helps.
Stemcell: My 140 was also denied and immediately thereafter 485 was also denied. We appealed 140 which is currently pending, we have never used EAD. My lawyer told that if 140 will get approved as a result of appeal, we can re-open denied 485s.
Are you saying that your friends 485 was NOT denied though his 140 is denied? Please re-confirm with your friend and let us know.
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hitpauler
04-21 01:04 PM
Wandmaker,
In my case, one namecheck is cleared by IO, which I presume includes both electronic and manual namechecks, in case if the electronic one shows something on the radar. However what I am unable to understand why the second namecheck, when all the steps were done to clear the first namecheck
In my case, one namecheck is cleared by IO, which I presume includes both electronic and manual namechecks, in case if the electronic one shows something on the radar. However what I am unable to understand why the second namecheck, when all the steps were done to clear the first namecheck
more...
gcisadawg
04-07 06:52 PM
Folks,
Thanks for taking time to answer my question. Seems the risk is greater than the reward. We would just ask her to travel on her original scheduled date!
Regards,
gcisadawg
Thanks for taking time to answer my question. Seems the risk is greater than the reward. We would just ask her to travel on her original scheduled date!
Regards,
gcisadawg
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sobers
02-17 07:01 PM
You guys in the DC/MD/VA are are critical to the success of this effort!
Ya all have shown great initiative and leadership -Keep it up!
Ya all have shown great initiative and leadership -Keep it up!
more...
h1jail
08-08 09:29 PM
Hello,
I did not see any posts regarding "1 year H1 extension approval when filed for 3 years". If this discussion is already in place, please point me to appropriate thread so that I could close this one.
I applied for 3 years H1 extension on 6/26/2007 with approved I-140. My priority date (EB3 -Sep 2003) was not current on 6/26/2007 when I applied for 3 year extension. I got an approval notice today which is valid for only one year. I want to know if this is an error from USCIS so that I could ask to ammend 2 more years.
Thanks!
I did not see any posts regarding "1 year H1 extension approval when filed for 3 years". If this discussion is already in place, please point me to appropriate thread so that I could close this one.
I applied for 3 years H1 extension on 6/26/2007 with approved I-140. My priority date (EB3 -Sep 2003) was not current on 6/26/2007 when I applied for 3 year extension. I got an approval notice today which is valid for only one year. I want to know if this is an error from USCIS so that I could ask to ammend 2 more years.
Thanks!
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aviko21
10-06 01:31 AM
nah i did call my lawyer who told me that i will recieve the AP and to fax him a copy for his files when i eventually do get it!
more...
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smisachu
05-21 11:06 AM
Thanks guys. I am going to Lake George by NY-Canada border and this seems like good info. But I am from NJ and we have the new tamper proof Drivers licenses which show immigration status and you need to produce all immigration papers to get one. Isn't that enough??
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vinkapoor
10-24 04:29 PM
The online status of my EAD application indicated that EAD card was ordered and then approved back on October 01, 2007. I have still not received card in my mail. Anyone in same situation?
more...
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mhtanim
01-29 07:34 PM
I'm from Bangladesh and my PD is May 2006....EB3
I applied for my I485, I765 and I131 in July 2, 2007. Then me and my wife received the I765 approval in couple of months then the real drama began.
In October i received the letter about our i131 denial. The reason for the denial was approval of I485 (I485 approval news was mentioned in my i131 denial letter). My lawyer then told me to wait couple of months to receive my cards. I waited but didn't receive anything. The I called the USCIS and they told me that there is no update in the system and they requested me to go to the local immigration office to notify the matter. After visiting the local immigration office they asked me to write a status request letter to USCIS.
Me and lawyer already wrote 4 letters to USCIS requesting the status of my i485 as my i131 got denied. Finally one of the cases status for i131 showing online that you�re RFE has been received and case has been resumed; and the other one is still case denied. On the other hand the i485 for both mine and my wife's case still showing like it was showing six months ago..."received and pending"........
I�m totally confused in this present situation. USCIS never requested for any RFE against my i131, so why they put in the online status that the RFE has been received. All I did was requested for the I485 applications as they mentioned in my i131 denial letter that my i485 got approved��
Some help here will be highly appreciated��.thanks in advance
In October 2007, your PD was nowhere near current:
http://travel.state.gov/visa/frvi/bulletin/bulletin_3800.html
Logically, if your I485 was approved in October of 2007, I would think that it was a mistake by the USCIS.
The I-131 denial was most likely a mistake by the USCIS.
You may have a long wait ahead of you before you get your I-485 approved - just like thousands of us!
I applied for my I485, I765 and I131 in July 2, 2007. Then me and my wife received the I765 approval in couple of months then the real drama began.
In October i received the letter about our i131 denial. The reason for the denial was approval of I485 (I485 approval news was mentioned in my i131 denial letter). My lawyer then told me to wait couple of months to receive my cards. I waited but didn't receive anything. The I called the USCIS and they told me that there is no update in the system and they requested me to go to the local immigration office to notify the matter. After visiting the local immigration office they asked me to write a status request letter to USCIS.
Me and lawyer already wrote 4 letters to USCIS requesting the status of my i485 as my i131 got denied. Finally one of the cases status for i131 showing online that you�re RFE has been received and case has been resumed; and the other one is still case denied. On the other hand the i485 for both mine and my wife's case still showing like it was showing six months ago..."received and pending"........
I�m totally confused in this present situation. USCIS never requested for any RFE against my i131, so why they put in the online status that the RFE has been received. All I did was requested for the I485 applications as they mentioned in my i131 denial letter that my i485 got approved��
Some help here will be highly appreciated��.thanks in advance
In October 2007, your PD was nowhere near current:
http://travel.state.gov/visa/frvi/bulletin/bulletin_3800.html
Logically, if your I485 was approved in October of 2007, I would think that it was a mistake by the USCIS.
The I-131 denial was most likely a mistake by the USCIS.
You may have a long wait ahead of you before you get your I-485 approved - just like thousands of us!
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anilsal
06-17 12:09 AM
Start off your infopass with the following question.
I am really desperate....would you help me, pretty please? ........
And then proceed with the other questions you have on your list.
After you are done with all your questions and assuming USCIS hasn't kicked you out of their office, make it clear that you want USCIS to look at your application before others ahead of you in the queue. If they don't, "you will be back" for another infopass.
If you have no intention of answering the questions, then no one is forcing you to do.:p
Making a mockery of a person's anxiety does not really show well on your personality.:cool:
It is his right to take info pass appointments to know more about his case. If it helps him sleep at nights, then that is a good remedy.
Ideally, the fix for this is legislative action that is being driven by IV leadership.
I am really desperate....would you help me, pretty please? ........
And then proceed with the other questions you have on your list.
After you are done with all your questions and assuming USCIS hasn't kicked you out of their office, make it clear that you want USCIS to look at your application before others ahead of you in the queue. If they don't, "you will be back" for another infopass.
If you have no intention of answering the questions, then no one is forcing you to do.:p
Making a mockery of a person's anxiety does not really show well on your personality.:cool:
It is his right to take info pass appointments to know more about his case. If it helps him sleep at nights, then that is a good remedy.
Ideally, the fix for this is legislative action that is being driven by IV leadership.
more...
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GcInLimbo
11-17 11:38 AM
Me and my wife both got notice from USCIS with intent to deny citing evidence of continued leagal immigration. Attached the scanned copy removing personal information.[
The mentioned period in the letter that is requesting evidence is the time I applied for H1B renewal. The application had an RFE and we were waiting on response from my employer. My employer replied to the RFE and it was sent to local processing center for further processing. Meanwhile on July 2007, I applied I-485 when they are current which puts us in AOS as the H1B was still pending approval from USCIS. I read some where that you can not stay in U.S with H1B renewal pending beyond 240 days from your previous H1B expiration date. So I applied another H1B with a different company before the 240 days and got that H1B approved after two months of applying.
I am sure I didnt break any rule or stayed illegally during that period as my H1B was pending and moved on to a different company after appying I -485. My previous employer have no issue to continue to support my GC processing.
Where do I stand with regards to this notice? What are my options and how to approach this problem, so that the IO doesn't get confused and deny the application.
I am sure I will go through my lawyer but want to get first hand information and have a clear picture on the path to follow from experienced people here.
I tried to attach the attachment but its failing.
Thanks
The mentioned period in the letter that is requesting evidence is the time I applied for H1B renewal. The application had an RFE and we were waiting on response from my employer. My employer replied to the RFE and it was sent to local processing center for further processing. Meanwhile on July 2007, I applied I-485 when they are current which puts us in AOS as the H1B was still pending approval from USCIS. I read some where that you can not stay in U.S with H1B renewal pending beyond 240 days from your previous H1B expiration date. So I applied another H1B with a different company before the 240 days and got that H1B approved after two months of applying.
I am sure I didnt break any rule or stayed illegally during that period as my H1B was pending and moved on to a different company after appying I -485. My previous employer have no issue to continue to support my GC processing.
Where do I stand with regards to this notice? What are my options and how to approach this problem, so that the IO doesn't get confused and deny the application.
I am sure I will go through my lawyer but want to get first hand information and have a clear picture on the path to follow from experienced people here.
I tried to attach the attachment but its failing.
Thanks
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ajju
03-26 11:46 AM
why will it retrogate again? we will see forward movement. be +ve and optimistic.:)
It won't retrogress anytime soon... Logic/reasoning behind : don't ask ;-)
Reading all other forums and posts by gurus/experts.. my guts feeling is it will move further for few more months atleast...
It won't retrogress anytime soon... Logic/reasoning behind : don't ask ;-)
Reading all other forums and posts by gurus/experts.. my guts feeling is it will move further for few more months atleast...
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pbuckeye
08-04 08:16 AM
While the thread was started on a light note, I think this is a serious topic.
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And do not forget to do some exercise everyday. 30-40 minutes of walk, bicycling, swimming, playing some games; any thing will do.
Completely agree with your message that - prefer unprocessed food and do everything in moderation.
However, are you suggesting blue label is healthier than a cheaper whiskey, its funny.
And - although I agree that some traditional breakfast items could be low on fats/calories .. some of them are not (aalu paratha, pakoda etc), so cereal/oatmeal or egg white is an alternative.
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And do not forget to do some exercise everyday. 30-40 minutes of walk, bicycling, swimming, playing some games; any thing will do.
Completely agree with your message that - prefer unprocessed food and do everything in moderation.
However, are you suggesting blue label is healthier than a cheaper whiskey, its funny.
And - although I agree that some traditional breakfast items could be low on fats/calories .. some of them are not (aalu paratha, pakoda etc), so cereal/oatmeal or egg white is an alternative.
chanduv23
03-04 11:36 AM
The answer could be
"I have unrestricted employment authorization that allows me to work for any US employer just like green card holder" [example]
Employment can ask for valid employment authorization, but not for kind of employment authorization.
U.S. Department of Labor - Find It By Topic - Equal Employment Opportunity - Immigration (http://www.savingmatters.dol.gov/dol/topic/discrimination/immdisc.htm)
[From the link]
The Immigration and Nationality Act (http://www.savingmatters.dol.gov/cgi-bin/leave-dol.asp?exiturl=http://uscis.gov/graphics/lawsregs/INA.htm&exitTitle=Immigration_and_Nationality_Act&fedpage=yes) prohibits employers (when hiring, discharging, or recruiting or referring for a fee) from discriminating because of national origin against U.S. citizens, U.S. nationals, and authorized aliens or discriminating because of citizenship status against U.S. citizens, U.S. nationals, and the following classes of a aliens with work authorization: permanent residents, temporary residents (that is, individuals who have gone through the legalization program), refugees, and asylees.
________________________
Not a legal advice.
US citizen of Indian origin
Well - we all know this but if the question is "Do you have a Green Card? Yes or No ?" if you give the above answer, you have not provided a specific answer.
If you notice - job sites like dice etc... have drop downs that make you choose your work authorization (GC, EAD, H1b .....) and your work authorization is automatically visible there.
Monster, careerbuilder and some job sites do the right thing by asking "Are you authorized to work for any employer? or do you need sponership" - which makes sense to ask. An employer always has a choice to sponsor or not because additional costs are associated.
"I have unrestricted employment authorization that allows me to work for any US employer just like green card holder" [example]
Employment can ask for valid employment authorization, but not for kind of employment authorization.
U.S. Department of Labor - Find It By Topic - Equal Employment Opportunity - Immigration (http://www.savingmatters.dol.gov/dol/topic/discrimination/immdisc.htm)
[From the link]
The Immigration and Nationality Act (http://www.savingmatters.dol.gov/cgi-bin/leave-dol.asp?exiturl=http://uscis.gov/graphics/lawsregs/INA.htm&exitTitle=Immigration_and_Nationality_Act&fedpage=yes) prohibits employers (when hiring, discharging, or recruiting or referring for a fee) from discriminating because of national origin against U.S. citizens, U.S. nationals, and authorized aliens or discriminating because of citizenship status against U.S. citizens, U.S. nationals, and the following classes of a aliens with work authorization: permanent residents, temporary residents (that is, individuals who have gone through the legalization program), refugees, and asylees.
________________________
Not a legal advice.
US citizen of Indian origin
Well - we all know this but if the question is "Do you have a Green Card? Yes or No ?" if you give the above answer, you have not provided a specific answer.
If you notice - job sites like dice etc... have drop downs that make you choose your work authorization (GC, EAD, H1b .....) and your work authorization is automatically visible there.
Monster, careerbuilder and some job sites do the right thing by asking "Are you authorized to work for any employer? or do you need sponership" - which makes sense to ask. An employer always has a choice to sponsor or not because additional costs are associated.
dixie
11-06 01:33 AM
No, those are just examples. Essentially, an H1-B working for any not-for-profit organization is exempt from the cap. Universities, goverment agencies, university medical hospitals are well-known examples that fit this description. Private sector organizations will not qualify in most cases. The key question you have to ask yourself to determine if you are eligible for an exemption is "Does this organization operate with the motive of profit ?". Of course, as always you will need to consult an attorney for a definite answer if you are not sure.
So then only these four categories count as "Non Cap H1Bs"?
Can anyone shed more light on any other categories that qualify as non cap?
Thanks
So then only these four categories count as "Non Cap H1Bs"?
Can anyone shed more light on any other categories that qualify as non cap?
Thanks
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