ags123
08-29 09:33 AM
thanks for your post. Ya its my sister's wedding. I had decided to go until this H1 revocation email came. I has seen some cases on IV a while ago where people got the H1 revocation email and I-485 denied without NOID/RFE. If this happens when I am in India I am screwed.
I realize that 80% nothing will happen, but it is that off chance that something happens to I-485 when I am out of the country which has me worried.
Anyways 2 more weeks of thinking I guess before I board that flight. Hanging by this EAD/AP thread and uncertainities of AC21 etc is really painful.
I realize that 80% nothing will happen, but it is that off chance that something happens to I-485 when I am out of the country which has me worried.
Anyways 2 more weeks of thinking I guess before I board that flight. Hanging by this EAD/AP thread and uncertainities of AC21 etc is really painful.
lecter
February 27th, 2004, 06:20 AM
I think 5 a week from us all is a grand amount.....
I am doing ten.....(sete an easy target for my self)
:)
I am doing ten.....(sete an easy target for my self)
:)
manderson
09-21 03:05 PM
Hello. I am wondering which is the main factor behind getting your GC independence from your employer - the 180 day test or AC21.
In other words, if you stay with your 140 employer past 180 days (from 485 filing) and he withdraws (after 180 days) will it affect your 485 process?
I know that if you change your employer after 180 days through AC21 it won't affect your 485. I was wondering does it also work if you don't use AC21 but pass the 180 day 'test'....
Thanks is advance.
In other words, if you stay with your 140 employer past 180 days (from 485 filing) and he withdraws (after 180 days) will it affect your 485 process?
I know that if you change your employer after 180 days through AC21 it won't affect your 485. I was wondering does it also work if you don't use AC21 but pass the 180 day 'test'....
Thanks is advance.
mammoy2k
09-21 07:11 PM
Look at the reason why I-140 can be denied:
a) Ability to pay
b) Your education
c) Your past experience, if shown
Now out of this, only ability to pay is, where you would need comaniy's help. Rest two, you have all the documents. If the company is a big one, then I dont think they would refuse you documents. I would be surprized that they issue RFE for ability to pay for a public company.
I do not know anyone who switched before I-140 approval but given Yates memo I dont think its difficult.
In my case, I work for a big public company. My education is from the US. My attorney ensured that we only claim the experience for which I have experience letter. The game I think is to minimize the risk.
You both are right!
Employer can revoke an unapproved 140 any time, but the revocation does not affect your 485 approval. The IO will approve your 485 in due course if 140 was approvable at the time of application (ie, if it has'nt been revoked).
However the trouble with invoking AC21 without 140 being approved is when there is an RFC. This 140 was not approvable at the time of application, because of additional documentation requirement... The original employer should be willing to answer it or else 140 will be denied and so will the 485.
a) Ability to pay
b) Your education
c) Your past experience, if shown
Now out of this, only ability to pay is, where you would need comaniy's help. Rest two, you have all the documents. If the company is a big one, then I dont think they would refuse you documents. I would be surprized that they issue RFE for ability to pay for a public company.
I do not know anyone who switched before I-140 approval but given Yates memo I dont think its difficult.
In my case, I work for a big public company. My education is from the US. My attorney ensured that we only claim the experience for which I have experience letter. The game I think is to minimize the risk.
You both are right!
Employer can revoke an unapproved 140 any time, but the revocation does not affect your 485 approval. The IO will approve your 485 in due course if 140 was approvable at the time of application (ie, if it has'nt been revoked).
However the trouble with invoking AC21 without 140 being approved is when there is an RFC. This 140 was not approvable at the time of application, because of additional documentation requirement... The original employer should be willing to answer it or else 140 will be denied and so will the 485.
more...
TeddyKoochu
01-26 12:54 PM
I have been working in US continously since May 2003. I have not committed a single crime other than an occasional traffic ticket. I have a fantastic work ethic and can give tons of references of clients and people who I have worked with. I have paid taxes at the rate 25% to 28% in the last 6 years. I pay property taxes. I have never missed or been late on a single credit card or rent or bill payment. I have excellent credit history. After 6 years now recently I wanted to go to India to see my ailing father who had a heart attack and my attorney warned me that since I am on H1 visa and working as a consultant and am not a full time employee I should NOT go to India since the US consulate in India is rejecting or deffering issuing of visas quoting various reasons. They are basically trying to make life miserable for people regardless of their experience or value they bring to the table. What am I supposed to do? Do you just want me to go back to India - is that the end game here? I will if thats what you want. I will pull my money from the US economy I have invested in. Stop paying county and property and federal taxes. Stop paying license fees every year to the county. I will stop paying the humongous H1B visa extension fees. I hope this is what you want as you build your country's future with illegal immigrants whom you seem to favor more than people who are here legally. I wont even tell you how frustrating it has been to wait for Green Card which seems beyond possible!
Amazingly well said, great.
Amazingly well said, great.
gc28262
09-24 10:51 AM
FB part of this bill is what makes many democrats to support this bill.
Anti-immigrants will oppose any kind of immigration ( EB as well as FB)
Anti-immigrants will oppose any kind of immigration ( EB as well as FB)
more...
midguy
01-12 06:41 PM
Hi All,
My EAD expired in last October and I am still working on H1 ...when I renew EAD which option I have to choose while applying for EAD...is it Renewal or a Fresh one?
My EAD expired in last October and I am still working on H1 ...when I renew EAD which option I have to choose while applying for EAD...is it Renewal or a Fresh one?
usgc07
02-15 08:27 AM
:confused:
Gurus,
Please advise.
Can a spouse of Green card holder get an H1b visa.
Spouse is currently studying MBA final sem.
She has 3 year industry work experience.
An US based corporation might be willing to sponser her h1b visa because she has worked for their indian counterparty.
The question :
Her husband is a green card holder and she must disclose it either on the H1B petition or at the time of visa interview.
What are chances of her obtaining h1b visa ?
I heard H1B is a dual intent visa.
Thanks in advance for your time and efforts on this issue.
USGC07
Gurus,
Please advise.
Can a spouse of Green card holder get an H1b visa.
Spouse is currently studying MBA final sem.
She has 3 year industry work experience.
An US based corporation might be willing to sponser her h1b visa because she has worked for their indian counterparty.
The question :
Her husband is a green card holder and she must disclose it either on the H1B petition or at the time of visa interview.
What are chances of her obtaining h1b visa ?
I heard H1B is a dual intent visa.
Thanks in advance for your time and efforts on this issue.
USGC07
more...
raj2007
04-07 07:11 PM
Hi,
I submitted my 485 in julyEven i applied for my wife too.....we both got EAD, AP...She left to India...we have problems and we may seperate each other...So not sure when we get divorce because of outdated Indian marriage laws...Are there going to be any problems when they are adjudicating my 485 application? Her FP done and she got AP until Sep 2008...Now what will happen if USCIS sends out an FP notice for my wife...She won't be doing finger printing...Is it going effect my GC in anyway?
Your case is not simple as it seems.You need to inform USCIS as you have filed I-134 to support her and you will leagally responsible for next 10 years, but in that case you will be away from daughter.
Best to reconcile if that's possible.
I submitted my 485 in julyEven i applied for my wife too.....we both got EAD, AP...She left to India...we have problems and we may seperate each other...So not sure when we get divorce because of outdated Indian marriage laws...Are there going to be any problems when they are adjudicating my 485 application? Her FP done and she got AP until Sep 2008...Now what will happen if USCIS sends out an FP notice for my wife...She won't be doing finger printing...Is it going effect my GC in anyway?
Your case is not simple as it seems.You need to inform USCIS as you have filed I-134 to support her and you will leagally responsible for next 10 years, but in that case you will be away from daughter.
Best to reconcile if that's possible.
amar123
07-28 01:17 PM
Kewl, so, its a dead mass update, No worries, thanks, Thread can be closed
more...
anilsal
12-05 12:09 PM
I see some of the posts about lawyers screwing up..well if I go ahead telling my story in detail, of how he messed up my H-1B filing, people would be amazed. His law office on my qualifications specified "Masters of Science in Science" based on which USCIS sent a simple RFE to specify more about my degree in the US, and to which he didnt even file the reply on time and my case was closed by USCIS. He personally informed me a reply has been filed, which never was due to the way they handle work in the office, I presume..It was anyways a mental harrassment as I not only took advice from 5 different lawyers and had to refile an H-1 and get out of the country to get an I-94.
I think the way some of these lawyers are working, we should ask for things as minute as FEDEX or UPS tracking receipts. Just my two cents.
do not name law firms in your posts-- admin.
That is why the online case tracker from USCIS is important. Get the receipt numbers and you can track as to what is happening - RFE, approval, denial etc and they can email when the case status changes.
I think the way some of these lawyers are working, we should ask for things as minute as FEDEX or UPS tracking receipts. Just my two cents.
do not name law firms in your posts-- admin.
That is why the online case tracker from USCIS is important. Get the receipt numbers and you can track as to what is happening - RFE, approval, denial etc and they can email when the case status changes.
abhay
01-19 09:40 PM
Hi All
Mine is EB2 Category, On May 18th 2009 USCIS sent an RFE and my case status on USCIS website changed to this
"On May 18, 2009, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires. Once you submit the evidence requested and a decision is made, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283."
My Lawyer submitted the response for RFE with in 30 days (Sometimes in June before June 18th). My online status never changed and my lawyer assured that she has signature proof of receipt from FedEx, After 60 days, after pressure from me her paralegal sent an email to me Saying that she spoke with some one named XYZ from Texas Service center and he said that they have received the response, I waited until December and the status still not changed so I decided to call USCIS, they opened case for me on Dec 10th since it was outside processing time, and on Jan 17th 2010, I received a letter from USCIS with the reulst of investigation and it said+
"Status of this service request is:
The TSC has not received your response as of to date.
XM271"
I panicked and wrote an email to my lawyer and he said that
They just looked on the online status for your letter and Please be careful not to do separate inquiries apart from the lawyer as they now might not allow the lawyer to get case update for you. It is important to have on channel for updates since files get moved around and can get lost. If you wanted us to do the inquiries, please let us know and we can see if they will still let us. we are sure everything is fine as we have confirmation they got the response. We charge hourly at $250 per hour for time spent on the case beyond an initial inquiry."
I am going to contact my employer and express my concerns and see what they can do.
My questions are
Does the online status never get updated sometimes?
Does contacting USCIS directly creates problems for contacting USCIS on my behalf?
Any suggestion for me how to proceed with this?
How do I get the online status changed?
Thanks for all your help.
Regards
Abhay
Mine is EB2 Category, On May 18th 2009 USCIS sent an RFE and my case status on USCIS website changed to this
"On May 18, 2009, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires. Once you submit the evidence requested and a decision is made, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283."
My Lawyer submitted the response for RFE with in 30 days (Sometimes in June before June 18th). My online status never changed and my lawyer assured that she has signature proof of receipt from FedEx, After 60 days, after pressure from me her paralegal sent an email to me Saying that she spoke with some one named XYZ from Texas Service center and he said that they have received the response, I waited until December and the status still not changed so I decided to call USCIS, they opened case for me on Dec 10th since it was outside processing time, and on Jan 17th 2010, I received a letter from USCIS with the reulst of investigation and it said+
"Status of this service request is:
The TSC has not received your response as of to date.
XM271"
I panicked and wrote an email to my lawyer and he said that
They just looked on the online status for your letter and Please be careful not to do separate inquiries apart from the lawyer as they now might not allow the lawyer to get case update for you. It is important to have on channel for updates since files get moved around and can get lost. If you wanted us to do the inquiries, please let us know and we can see if they will still let us. we are sure everything is fine as we have confirmation they got the response. We charge hourly at $250 per hour for time spent on the case beyond an initial inquiry."
I am going to contact my employer and express my concerns and see what they can do.
My questions are
Does the online status never get updated sometimes?
Does contacting USCIS directly creates problems for contacting USCIS on my behalf?
Any suggestion for me how to proceed with this?
How do I get the online status changed?
Thanks for all your help.
Regards
Abhay
more...
prstudio
04-28 09:54 PM
i liked iron's treads
TeddyKoochu
01-26 12:54 PM
I have been working in US continously since May 2003. I have not committed a single crime other than an occasional traffic ticket. I have a fantastic work ethic and can give tons of references of clients and people who I have worked with. I have paid taxes at the rate 25% to 28% in the last 6 years. I pay property taxes. I have never missed or been late on a single credit card or rent or bill payment. I have excellent credit history. After 6 years now recently I wanted to go to India to see my ailing father who had a heart attack and my attorney warned me that since I am on H1 visa and working as a consultant and am not a full time employee I should NOT go to India since the US consulate in India is rejecting or deffering issuing of visas quoting various reasons. They are basically trying to make life miserable for people regardless of their experience or value they bring to the table. What am I supposed to do? Do you just want me to go back to India - is that the end game here? I will if thats what you want. I will pull my money from the US economy I have invested in. Stop paying county and property and federal taxes. Stop paying license fees every year to the county. I will stop paying the humongous H1B visa extension fees. I hope this is what you want as you build your country's future with illegal immigrants whom you seem to favor more than people who are here legally. I wont even tell you how frustrating it has been to wait for Green Card which seems beyond possible!
Amazingly well said, great.
Amazingly well said, great.
more...
ashkam
07-19 02:39 PM
Use this one, I USED IT!!. Really good. USCIS Format.
http://www.online-languagetranslators.com/marathi.htm
I used this one as well. Had to pay 70 bucks + $25 for expedited shipping. If you use this one, check the translation (they email it to you) before they mail it to you. Mine had a lot of spelling mistakes.
http://www.online-languagetranslators.com/marathi.htm
I used this one as well. Had to pay 70 bucks + $25 for expedited shipping. If you use this one, check the translation (they email it to you) before they mail it to you. Mine had a lot of spelling mistakes.
cinqsit
09-27 11:55 AM
Hey
If I remember correctly (read somewhere on this forum) the strategy should be that you take a infopass appointment on the same day as your finger
printing appointment, talk to the immigration officer and ask him about your wife's FP appointment. If it was indeed sent out and you havent received it he can give you some kind of a receipt(?) and both of you can have the FP done on the same date.
- cinqsit
If I remember correctly (read somewhere on this forum) the strategy should be that you take a infopass appointment on the same day as your finger
printing appointment, talk to the immigration officer and ask him about your wife's FP appointment. If it was indeed sent out and you havent received it he can give you some kind of a receipt(?) and both of you can have the FP done on the same date.
- cinqsit
more...
fcres
07-26 01:00 PM
I dont think 140 approval notice is manditory, in many cases employees do not have 140 approval notice because that is a property of employer and not employee, 485 receipt notice is fine.
You might be right. Anyway i got this info from another thread here. I had the copy, so i included it.
You might be right. Anyway i got this info from another thread here. I had the copy, so i included it.
yabayaba
08-19 11:28 AM
Hi,
I belong to Virginia. But Virginia office does not have the dates available for next 2 months. Can I visit to the neighbouring Maryland state USCIS local office for Information. Is it legal and valid to go to Other local office for information?
Thanks,
Raj
Yes...You could....
I belong to Virginia. But Virginia office does not have the dates available for next 2 months. Can I visit to the neighbouring Maryland state USCIS local office for Information. Is it legal and valid to go to Other local office for information?
Thanks,
Raj
Yes...You could....
bbct
03-05 06:01 PM
Do we have to start withdrawing or transfer back to India? It's hard earned money after the employer exploitation.
Devils_Advocate
03-23 03:34 AM
Folks,
I read in this (http://www.ksdk.com/news/local/story.aspx?storyid=170404&catid=3) report that none of the 4 students were wearing seat belts. Please always wear your seat belts.
My prayers are with their families
Thats just tragic, please wear seatbelts even if you're in the backseat, it can seriously save lives.
I read in this (http://www.ksdk.com/news/local/story.aspx?storyid=170404&catid=3) report that none of the 4 students were wearing seat belts. Please always wear your seat belts.
My prayers are with their families
Thats just tragic, please wear seatbelts even if you're in the backseat, it can seriously save lives.
iv4gc
07-28 10:04 PM
Thanks for the info. Looks like I need to get Company B to recapture the PD of my earlier I140. This seems to be the best option. But I wonder if I go down this route, will it complicate and delay (significantly if I miss the window) the GC.
If you filed your I-485 in July, 2007 with the knowledge and consent of Company A, you are in order as GC is for future employment. It would appear you did so since they did not withdraw the I-140.
Having said, the only proper course of action is for you to go back to work for Company A after you obtain your GC.
If you would like to work for Company B after GC, you would have to file a change of employer right now (using AC21 provisions). Alternatively you may interfile the approved I-140 from employer B with your current application. You are entitled to keep the priority date on the I-140 of employer A so you should not be affected negatively.
If your lawyer is saying you could continue to work for employer B after GC without doing anything at this time, I would suggest you talk to another immigration attorney to hear a second opinion.
If you filed your I-485 in July, 2007 with the knowledge and consent of Company A, you are in order as GC is for future employment. It would appear you did so since they did not withdraw the I-140.
Having said, the only proper course of action is for you to go back to work for Company A after you obtain your GC.
If you would like to work for Company B after GC, you would have to file a change of employer right now (using AC21 provisions). Alternatively you may interfile the approved I-140 from employer B with your current application. You are entitled to keep the priority date on the I-140 of employer A so you should not be affected negatively.
If your lawyer is saying you could continue to work for employer B after GC without doing anything at this time, I would suggest you talk to another immigration attorney to hear a second opinion.
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