old_hat
04-18 04:47 PM
Any details that can be helpful for others?
hk196712
07-16 12:40 PM
My PD is Sept 2005, EB2-NIW.
ak_2006
10-19 03:52 PM
I will donate same amount i.e. $250 when I get GC.
tnite
07-26 09:50 AM
Just noticed that my lawyer has attached marriage certificate of my co-worker in the dependendent's petition. I am waiting for the receipt.
What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.
Gurus any answers on this is deeply appreciated.
You will gen a RFE and while sending the RFE response make sure you write a nice letter to USCIS mentioning that the law offices screwed it up.
What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.
Gurus any answers on this is deeply appreciated.
You will gen a RFE and while sending the RFE response make sure you write a nice letter to USCIS mentioning that the law offices screwed it up.
more...
nixstor
10-27 04:06 PM
Nah.. I think the talk to power guys skim the whole thing and ask him questions. He didnt even ask him about these issues. Now its Sen Brownback
dish
03-23 11:23 AM
http://www.immigration-lawyer-us.com/images/talent-bill.pdf
more...
aroranuj
06-27 09:12 AM
SOMEONE PLEASE ADVISE!!!!
My employer got back to me today & informed me that based on the advise of the attorney they will not be providing me a copy of the I-140. He understands that I can leave the company anytime & that he would never hold me back. My question is if there is any other way of getting a copy of the I-140? Is a copy of either the approval notice or the receipt number critical?
Thanks guys!!!!
My employer got back to me today & informed me that based on the advise of the attorney they will not be providing me a copy of the I-140. He understands that I can leave the company anytime & that he would never hold me back. My question is if there is any other way of getting a copy of the I-140? Is a copy of either the approval notice or the receipt number critical?
Thanks guys!!!!
ASingh10
07-26 09:16 AM
Thank you all for your replies.
ASingh
ASingh
more...
rajuseattle
08-12 08:35 PM
Sab,
If you do the paper file for which you submit all the initial evidence and supporting docs, you dont need to do finger printing.
but if you do e-file then you will have to go for finger printing.
Anytime you do your finger printing it is valid for about 15 months.
For me too I gave my finger prints in Nov 2007, but still USCIS sent me FP notification for code2 Finger printing.
by the way USCIS's RFE for me turn out to be that they dont have my code-2 finger prints in their system, so they need to know the details about my FP appointment and what's the schedule.
USCIS processing is really goofed up for e-filed applicants.
This is my personal expereince and their are lot of other folks who filed around the same time frame are facing the RFEs for fingerprints.
anyways i am going to respond to my RFE once i complete my biometrics on august 22nd 2008, by that time i will have the acknowledgement from the Seattle, ASC that they indeed complete my code-2 FP for the EAD purpose.
If you do paper based EAD renewal, you will receive EAD cards but it says fingerprints not available. As long as your employer is accepting the EAD cards it doesnt matter wether its with fingerprints or without fingerrints.
I hope this helps.
If you do the paper file for which you submit all the initial evidence and supporting docs, you dont need to do finger printing.
but if you do e-file then you will have to go for finger printing.
Anytime you do your finger printing it is valid for about 15 months.
For me too I gave my finger prints in Nov 2007, but still USCIS sent me FP notification for code2 Finger printing.
by the way USCIS's RFE for me turn out to be that they dont have my code-2 finger prints in their system, so they need to know the details about my FP appointment and what's the schedule.
USCIS processing is really goofed up for e-filed applicants.
This is my personal expereince and their are lot of other folks who filed around the same time frame are facing the RFEs for fingerprints.
anyways i am going to respond to my RFE once i complete my biometrics on august 22nd 2008, by that time i will have the acknowledgement from the Seattle, ASC that they indeed complete my code-2 FP for the EAD purpose.
If you do paper based EAD renewal, you will receive EAD cards but it says fingerprints not available. As long as your employer is accepting the EAD cards it doesnt matter wether its with fingerprints or without fingerrints.
I hope this helps.
ivar
02-02 03:04 PM
No one on this forum who is waiting for PERM Withdrawal or has his PERM withdrawan earlier?
Maybe i should change the title: Is DOL still working on PERM withdrawals? to expect some responses or i am the only one who needs PERM withdrawal :)
Maybe i should change the title: Is DOL still working on PERM withdrawals? to expect some responses or i am the only one who needs PERM withdrawal :)
more...
icecolor
09-12 09:00 AM
Send the link to this thread to your employer and let him know that he cannot even pull a small hair from your head.
For a change, your employer sounds like a big time Joker.. ask him/her to take a break and be a joker on the road..
First and far most.. If your employer is really sending a cancellation letter to USCIS for your H1, he is trying to rub his own Ya$$.. the ultimate loser is not YOU, but He/She and his company.. No employer with brain will send an official cancellation letter..
On the other hand, you are still on H4 status and directly getting on to EAD, so, you never used the so called H1, which means, if he messes up with you, you will be intact.
Also your employer can not do anything for your husband as well for his 485 processing etc, again at 485 stage, your hubb's employer dont need to do anything other then your hubb is on payroll for 180 days from the receipt date of 485.
In a genral when your employer contacts you again, tell him to have fun in Honolulu :P no worries...
For a change, your employer sounds like a big time Joker.. ask him/her to take a break and be a joker on the road..
First and far most.. If your employer is really sending a cancellation letter to USCIS for your H1, he is trying to rub his own Ya$$.. the ultimate loser is not YOU, but He/She and his company.. No employer with brain will send an official cancellation letter..
On the other hand, you are still on H4 status and directly getting on to EAD, so, you never used the so called H1, which means, if he messes up with you, you will be intact.
Also your employer can not do anything for your husband as well for his 485 processing etc, again at 485 stage, your hubb's employer dont need to do anything other then your hubb is on payroll for 180 days from the receipt date of 485.
In a genral when your employer contacts you again, tell him to have fun in Honolulu :P no worries...
kcforgc
05-19 04:20 PM
I missed the opportunity in July 2007 and would like to file for EAD.
more...
alien2006
08-07 01:47 PM
and Shanti was very helpful with her/his informative links. I sent a question to IV to be included in the upcoming conference call with the lawyers. Perhaps you guys should also send in the questions to give this question some weightage.
Thanks,
Thanks,
geevikram
05-19 02:59 PM
I missed the bus and would love to get my hands on EAD!!!
more...
piyu7444
07-22 05:28 PM
Even if you use AP to re-enter, instead of a H1 visa, you may still be able to maintain your H1 status, provided you continue working for the same employer.
Hope this helps!
I probably know this works the way you have stated but do we have any references to legal document? rule? etc......
Scneario - "Alien'' working on h1b for US corp., AOS is pending approval, Alien applies for AP and gets it. Alien travels to home country and enters US on AP but still want to use valid h1b. h1b petition is approved till 2011 although visa stamp had expired in 08.
Now what does this ''alien'' (me) needs to do to continue working LEGALLY using h1b after entering on AP.
Hope this helps!
I probably know this works the way you have stated but do we have any references to legal document? rule? etc......
Scneario - "Alien'' working on h1b for US corp., AOS is pending approval, Alien applies for AP and gets it. Alien travels to home country and enters US on AP but still want to use valid h1b. h1b petition is approved till 2011 although visa stamp had expired in 08.
Now what does this ''alien'' (me) needs to do to continue working LEGALLY using h1b after entering on AP.
morchu
05-04 02:44 PM
Going to the original question. The H1B doesnt get invalidated.
The rules and available interpretations and memos talks only about the condition to "grant the extension". No where it mentioned a condition to invalidate an already granted extension.
As per the Neufeld memo links below:
On page 4 of memo:
USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
B. Deny the EB immigrant petition, or
C. Grant or deny the alien�s application for an immigrant visa or for adjustment of status.
So if denied, there is no extension of H1B, the fact that 140 was approved is inconsequential since 140 approval is but one step in the process if 485 is denied then the whole application was denied and since the h1b extension is simply a stop gap till a final decision can be reached. The only recourse you have is to try and file a MTR with USCIS to reopen the 485.
See links below for more data
http://ac21portability.com/modules/wflinks/
see Neufeld memo specifically, they also have all other memos and guidelines.
The rules and available interpretations and memos talks only about the condition to "grant the extension". No where it mentioned a condition to invalidate an already granted extension.
As per the Neufeld memo links below:
On page 4 of memo:
USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
B. Deny the EB immigrant petition, or
C. Grant or deny the alien�s application for an immigrant visa or for adjustment of status.
So if denied, there is no extension of H1B, the fact that 140 was approved is inconsequential since 140 approval is but one step in the process if 485 is denied then the whole application was denied and since the h1b extension is simply a stop gap till a final decision can be reached. The only recourse you have is to try and file a MTR with USCIS to reopen the 485.
See links below for more data
http://ac21portability.com/modules/wflinks/
see Neufeld memo specifically, they also have all other memos and guidelines.
more...
brij523
02-28 06:14 AM
Thanks you
hope2007
04-15 11:37 AM
SKIL Act says NON US advance degree holders should have 3 year experience before filing immigrant petition. Is this experience before filing LABOR or before filing I-485. My LABOR and I-140 is approved and I have NON US Masters degree but did not had 3 years of US experience before filing LABOR.
Now I have more than 5 years of US experience, will I fall into this category when I file I-485.
Now I have more than 5 years of US experience, will I fall into this category when I file I-485.
Hope_GC
07-26 07:53 PM
How can you assume that you will get certain kind of RFE.. i dont quiet get that.
No offense but i guess you need to chill out..;)
I do not have the approval notice used to obtain a visa to enter the country for the very first time in 2001.
All attempts to obtain a copy of the I-797 from company/attorney have failed and so I have filed a I-824 for a duplicate. That will take a few months.
I am wondering what will happen if USCIS issues a RFE on my I-485 asking for evidence of lawful presence all these years.
I don't have all the I-94s either. I do have the visa stamp on my passport.
No offense but i guess you need to chill out..;)
I do not have the approval notice used to obtain a visa to enter the country for the very first time in 2001.
All attempts to obtain a copy of the I-797 from company/attorney have failed and so I have filed a I-824 for a duplicate. That will take a few months.
I am wondering what will happen if USCIS issues a RFE on my I-485 asking for evidence of lawful presence all these years.
I don't have all the I-94s either. I do have the visa stamp on my passport.
kumaabh
01-09 12:16 AM
dude post problems in threads in correct english.
lagsam
12-17 03:35 PM
There is no problem re-entering with a valid AP, even if the validity date is the day you re-enter.
You will have a problem if your AP is expired. My daughter came back with just one month on her AP and she was stamped with extra 6 months on I-94. But I don't know the reason for that.
You will have a problem if your AP is expired. My daughter came back with just one month on her AP and she was stamped with extra 6 months on I-94. But I don't know the reason for that.