eb3retro
10-23 10:50 PM
Here is my case : I-140 approved, couldnt file I-485 due to freakin retrogression. H1 extended 3 years after 6 years initial limit. Can i do a H1 Transfer. Can I still use the PD to apply a new labour thru perm and apply in EB2. Currently i am in EB3 but my PD for eb2 is already thru. Please advice. Thanks.
VenuK
06-15 04:45 PM
Hi Meridiani,
Thank you for your response.
I did talk to Immigration Officer and my lawyer about it.
Immigration Officer said I-94 will be mailed to my employer and/or lawyer. even before that i talk to my lawyer about it. he said, I-94 will be the SAME number that i had company X.
I have to check with my lawyer for the your question what did you specify as your old employer? company X or the company whose H1 was denied and is now under appeal?
added to it .
my passport expiration date is March 2009. so i have to 6+ months validity for visa stamping so i have to go some time in July or August 2008.
how should i approach the situation, I'm confused...
who would be the right people i need to talk to. what would be my best bet....
Please advise.
Thank you for your response.
I did talk to Immigration Officer and my lawyer about it.
Immigration Officer said I-94 will be mailed to my employer and/or lawyer. even before that i talk to my lawyer about it. he said, I-94 will be the SAME number that i had company X.
I have to check with my lawyer for the your question what did you specify as your old employer? company X or the company whose H1 was denied and is now under appeal?
added to it .
my passport expiration date is March 2009. so i have to 6+ months validity for visa stamping so i have to go some time in July or August 2008.
how should i approach the situation, I'm confused...
who would be the right people i need to talk to. what would be my best bet....
Please advise.
a1b2c3
08-04 06:10 PM
In this case you can not port the PD unless your subsequent I140 is approved ( ie your Feb-08 I-140 is approved) Once this get approved, you can port to already approved EB2-I140 to make your EB2-140 PD same as your EB3-I140 PD.
similar sit and my 485 was accepted with older pd!
what you say maybe true, but pls don't say it so confidently unless your are an attorney!
similar sit and my 485 was accepted with older pd!
what you say maybe true, but pls don't say it so confidently unless your are an attorney!
when
12-06 01:21 PM
Thank You crystal
more...
ssbaruah@yahoo.com
06-10 10:16 AM
Thanks a lot. I find your suggestions great and if followed, will definitly make a difference. Thanks once again.
bmeduru11
02-18 12:54 PM
Thank You for your comments.
I didn't receive any confirmation from USCIS regarding interfiling.
Interfiling was submitted on Jan15th - On Feb 15th my case status was updated as "Denial Notice Sent"
I didn't receive any confirmation from USCIS regarding interfiling.
Interfiling was submitted on Jan15th - On Feb 15th my case status was updated as "Denial Notice Sent"
more...
ranahosur
07-29 03:08 PM
Thanks for the all the replies.
I talked to the Department of Labour representative. I was told that it is ILLEGAL to ask the employee to reimburse the H1B cost. If asked to do that, I can file a complaint with DOL against the company.
Thanks for all the replies.
Thanks
Raghu
I talked to the Department of Labour representative. I was told that it is ILLEGAL to ask the employee to reimburse the H1B cost. If asked to do that, I can file a complaint with DOL against the company.
Thanks for all the replies.
Thanks
Raghu
lghtslpr
02-09 12:56 PM
we can set up web fax with the same content.
Please just do it! Then let people know here and there. I'll try to get the word out too.
(This is a grass roots effort, so there is little top-down orchestration.)
Please just do it! Then let people know here and there. I'll try to get the word out too.
(This is a grass roots effort, so there is little top-down orchestration.)
more...
vin13
12-02 10:21 AM
Can we apply Emergency Ap for official visit ?
Probably not. Emergencies are typically for medical reasons or death in family. Most officail visits do not fall under emergency. Most of the decision is made case by case basis. It is upto you to prove the emergency nature and convince the IO.
Probably not. Emergencies are typically for medical reasons or death in family. Most officail visits do not fall under emergency. Most of the decision is made case by case basis. It is upto you to prove the emergency nature and convince the IO.
traveldoc
09-10 02:24 PM
Thanks txh1b. But my question is what if they reject the second AP saying that the first one was approved. Any thoughts on this?
more...
siravi
11-09 04:37 PM
Will be happy to help out with analytical writing, but I see several have volunteered already!
What would "Media Contacts" work involve?
What would "Media Contacts" work involve?
mpadapa
05-15 04:54 PM
r2i2009,
Rep Lofgren and other reps (who co-sponsor) have put in lots of effort to get 3 bills (HR 5882, 5921, 6039) that address our issues. They are seasoned veterans and they know what will pass when.
U'r comments are extremely rude to their efforts.
How do U know what will pass or not, are U the adviser to the house speaker?
Please channel your energy towards a time critical action item on the following link
http://immigrationvoice.org/forum/showthread.php?t=19113
The reason for my saying so....this election is different from others. Very tight race and either party do not want to pass any bill that would negatively affect the results.
Our problem is the least of the problems the country is facing right now.
They would pass bill which would stimuate economy not help EB3 folks(who already have EADs) to get GC and make them sleep easily.
So let us be patient. Even if we get GCs...it is not useful for either parties....because we cannot vote.
Secondly, GOVT would lose EAD renewal, AP revenue etc.
So let us get out the illusion that our bills would be passed....it is not going to help the ailing economy. It might help lawyers to earn some good bucks.
Rep Lofgren and other reps (who co-sponsor) have put in lots of effort to get 3 bills (HR 5882, 5921, 6039) that address our issues. They are seasoned veterans and they know what will pass when.
U'r comments are extremely rude to their efforts.
How do U know what will pass or not, are U the adviser to the house speaker?
Please channel your energy towards a time critical action item on the following link
http://immigrationvoice.org/forum/showthread.php?t=19113
The reason for my saying so....this election is different from others. Very tight race and either party do not want to pass any bill that would negatively affect the results.
Our problem is the least of the problems the country is facing right now.
They would pass bill which would stimuate economy not help EB3 folks(who already have EADs) to get GC and make them sleep easily.
So let us be patient. Even if we get GCs...it is not useful for either parties....because we cannot vote.
Secondly, GOVT would lose EAD renewal, AP revenue etc.
So let us get out the illusion that our bills would be passed....it is not going to help the ailing economy. It might help lawyers to earn some good bucks.
more...
ilwaiting
06-15 03:19 PM
Thats your A number, Its not the I-94 number. Some people have it some don't. If you have it you need to include it. If you don't it would be assigned once you file you 485
Initially I thought its the number on I-94, but apparantly not. This is required to be filled on almost all forms which are required to be filed now that the dates are current. I485, 131, 765 etc.
Is this the number which is on my approved I-140 (A099 XXX XXX) ?
Initially I thought its the number on I-94, but apparantly not. This is required to be filled on almost all forms which are required to be filed now that the dates are current. I485, 131, 765 etc.
Is this the number which is on my approved I-140 (A099 XXX XXX) ?
perseus
07-17 01:04 AM
here is a brief account of my, and my spouse's, arduous but successful journey toward the coveted green cards. i hope this account helps you somehow.
(note: what you read below is all of what i am willing to share. i have spent a lot of time in typing it. i will not have the time or inclination for any elaborations or explanations!)
1. landed in the united states on f-1 visa -- september 2000.
2. arrested on misdemeanor shoplifting charge after prank went awry -- june 2001; judge dropped charge in july 2001 and also sealed and expunged the record.
3. changed from f-1 to h-1b upon accepting job offer from employer A, via about two months of c.p.t. in september 2003 (never used o.p.t.)
4. obtained labor certification in may 2004, and approval of i-140 (via eb-2) in march 2005, both via employer A. (priority date was, hence, may 2004).
5. got married in home country in june 2006; spouse landed in the united states on h-4 in november 2006.
6. graduated with advanced degree (and high academic honors) in december 2006.
7. transferred h-1b from employer A to employer B in september 2007; abandoned employer A's i-140 approval.
8. spouse, who had been on h-4 since november 2006, changed to f-1 in september 2007 to pursue advanced degree; spouse graduated in may 2009.
9. arrested in april 2008 for driving while visually impaired; convicted and punished by judge with three-month driving probation and fine.
10. obtained new labor certification in march 2008 and obtained new i-140 approval (again via eb-2) in september 2008; both via employer B.
11. mailed i-485s for self and spouse in october 2008; did not realize while mailing that the priority date had recently retrogressed (had no attorney assistance); but uscis accepted petitions, cashed checks, and processed the i-485s by sending self and spouse biometric appointments and an r.f.e. (for spouse).
12. transferred h-1b again, from employer B to employer C, in june 2009, more than 180 days after i-485s had been pending; spouse simultaneously applied for change of status from f-1 to h-4.
13. self and spouse invited for i-485 interviews in october 2009 based on self's i-140 approval obtained through employer B; i-485 petitions denied because priority date had not been current when filed; self and spouse shocked and in near-panic! self began to consider restarting green card process from i-140 stage, this time via eb-1.
14. h-1b extended in december 2010 for a year, via employer C's petition; at time of extension approval, self's original six years on h-1b had elapsed.
15. re-filed i-485s in january 2010, this time with attorney's help (mainly to write cover letter).
16. self and spouse invited for i-485 interviews again in june 2010, based on second i-485 petitions (based on self's i-140 approval obtained via employer B, even though at this time self was with employer C with previously denied -- for a technicality -- i-485s); i-485 petitions approved at the interview -- jai siyaram!
17. self and spouse received approval notices and "card production ordered" emails, all dated 13 days after interview.
18. received green cards and "welcome to the united states" fliers, both in july 2010, 29 days after i-485 interviews -- jai shri krishna!
notes in conclusion:
1. the green card process via employment, from h-1b through i-485, with possible multiple approvals/denials of each, is daunting due to the time and expense involved (including possible cost of attorney)
2. uscis's emphasis on technicalities can be frustrating; in our experience, approval of a i-485 is ultimately a discretion exercised by a single reviewing officer.
3. overall, applicant and any spouse/kids (a) must have maintained legal status throughout the h1b through i-485 process, and (b) must never have been convicted of felonious assault or moral turpitude.
4. in the end, applicant would find that the immigration system works, slow though it is because of congressional quotas and a somewhat slothful or myopic uscis.
5. i offer my best wishes to all that are reading this, regardless of citizenship. as a proud (and relieved!) new permanent resident of the united states, i say to you, "good luck and an advance welcome!"
reminder: what you read above is all of what i am willing to share. i spent a lot of time in typing it. i won't have the time or inclination for elaborations or explanations but, most sincerely, i wish you well!
(note: what you read below is all of what i am willing to share. i have spent a lot of time in typing it. i will not have the time or inclination for any elaborations or explanations!)
1. landed in the united states on f-1 visa -- september 2000.
2. arrested on misdemeanor shoplifting charge after prank went awry -- june 2001; judge dropped charge in july 2001 and also sealed and expunged the record.
3. changed from f-1 to h-1b upon accepting job offer from employer A, via about two months of c.p.t. in september 2003 (never used o.p.t.)
4. obtained labor certification in may 2004, and approval of i-140 (via eb-2) in march 2005, both via employer A. (priority date was, hence, may 2004).
5. got married in home country in june 2006; spouse landed in the united states on h-4 in november 2006.
6. graduated with advanced degree (and high academic honors) in december 2006.
7. transferred h-1b from employer A to employer B in september 2007; abandoned employer A's i-140 approval.
8. spouse, who had been on h-4 since november 2006, changed to f-1 in september 2007 to pursue advanced degree; spouse graduated in may 2009.
9. arrested in april 2008 for driving while visually impaired; convicted and punished by judge with three-month driving probation and fine.
10. obtained new labor certification in march 2008 and obtained new i-140 approval (again via eb-2) in september 2008; both via employer B.
11. mailed i-485s for self and spouse in october 2008; did not realize while mailing that the priority date had recently retrogressed (had no attorney assistance); but uscis accepted petitions, cashed checks, and processed the i-485s by sending self and spouse biometric appointments and an r.f.e. (for spouse).
12. transferred h-1b again, from employer B to employer C, in june 2009, more than 180 days after i-485s had been pending; spouse simultaneously applied for change of status from f-1 to h-4.
13. self and spouse invited for i-485 interviews in october 2009 based on self's i-140 approval obtained through employer B; i-485 petitions denied because priority date had not been current when filed; self and spouse shocked and in near-panic! self began to consider restarting green card process from i-140 stage, this time via eb-1.
14. h-1b extended in december 2010 for a year, via employer C's petition; at time of extension approval, self's original six years on h-1b had elapsed.
15. re-filed i-485s in january 2010, this time with attorney's help (mainly to write cover letter).
16. self and spouse invited for i-485 interviews again in june 2010, based on second i-485 petitions (based on self's i-140 approval obtained via employer B, even though at this time self was with employer C with previously denied -- for a technicality -- i-485s); i-485 petitions approved at the interview -- jai siyaram!
17. self and spouse received approval notices and "card production ordered" emails, all dated 13 days after interview.
18. received green cards and "welcome to the united states" fliers, both in july 2010, 29 days after i-485 interviews -- jai shri krishna!
notes in conclusion:
1. the green card process via employment, from h-1b through i-485, with possible multiple approvals/denials of each, is daunting due to the time and expense involved (including possible cost of attorney)
2. uscis's emphasis on technicalities can be frustrating; in our experience, approval of a i-485 is ultimately a discretion exercised by a single reviewing officer.
3. overall, applicant and any spouse/kids (a) must have maintained legal status throughout the h1b through i-485 process, and (b) must never have been convicted of felonious assault or moral turpitude.
4. in the end, applicant would find that the immigration system works, slow though it is because of congressional quotas and a somewhat slothful or myopic uscis.
5. i offer my best wishes to all that are reading this, regardless of citizenship. as a proud (and relieved!) new permanent resident of the united states, i say to you, "good luck and an advance welcome!"
reminder: what you read above is all of what i am willing to share. i spent a lot of time in typing it. i won't have the time or inclination for elaborations or explanations but, most sincerely, i wish you well!
more...
gopinathan
03-29 02:33 PM
so much for FIFO ... they say that they are approving PERM applied in June/July 09 and anyone I know is getting their approvals by above rate only.. your friend's PERM must be an outlier in terms of approvals. mine is Feb 2010.. need to wait another few months before PERM approval :)
My friend's PERM got approved in 5 days in Dec '09. His I-140 got approved in 3 weeks in March '10. This could be an exceptional case as I have not seen any other such approvals..
My friend's PERM got approved in 5 days in Dec '09. His I-140 got approved in 3 weeks in March '10. This could be an exceptional case as I have not seen any other such approvals..
nlssubbu
12-05 03:22 PM
Hi,
I have my AP approved and H1B approved until 2010 but have an expired H1B Visa and I plan to extend my H1B visa some time next year.
I am planning on some business trips and would like to re-enter US multiple times using my Advance parole. Any issues with this?
Once I re enter using AP, can I go back to India and apply for H1B visa extension based on the approved H1B.
Appreciate your responses on this.
Thanks,
Bitz
Multiple entry AP allow you to enter many times. You will get 3 copies, of which 1 will be retained by the Airlines, 2nd at the POE, 3rd after stamping back to you by the Officer. You can use the 3rd one for the subsequent trips and do not hand it over to anyone. (Request the Airlines and Officer to take copies of it, if they want).
If you have time and money during your trip back home, you may get your H1 visa stamp, but it is not necessary.
Thanks
I have my AP approved and H1B approved until 2010 but have an expired H1B Visa and I plan to extend my H1B visa some time next year.
I am planning on some business trips and would like to re-enter US multiple times using my Advance parole. Any issues with this?
Once I re enter using AP, can I go back to India and apply for H1B visa extension based on the approved H1B.
Appreciate your responses on this.
Thanks,
Bitz
Multiple entry AP allow you to enter many times. You will get 3 copies, of which 1 will be retained by the Airlines, 2nd at the POE, 3rd after stamping back to you by the Officer. You can use the 3rd one for the subsequent trips and do not hand it over to anyone. (Request the Airlines and Officer to take copies of it, if they want).
If you have time and money during your trip back home, you may get your H1 visa stamp, but it is not necessary.
Thanks
more...
crazyghoda
03-25 03:43 PM
"There are tons of skilled LEGAL immigrants from India/China waiting to buy houses with 20% down payment but wont because our immigration system have yet to process their green cards. Reform immigration & it will eventually improve the housing market."
Got it in with 1 character to spare :D
Please vote on this guys!!
Got it in with 1 character to spare :D
Please vote on this guys!!
alterego
07-03 02:37 PM
I'm just wondering if there is a sadist there, who just want to see how much these guys can take.
What other reason could there be fore waiting until July2nd before announcing it. Atleast June 29th and they could have said after reviewing the full data for June we changed our mind. This smacks of being pre planned. I won't be surprised if the did this to sneak in a few cases with very recent priority dates, and just put July 1st approval dates on all those.
Why else they pick the slowest processing center NSC for 485 applications. A lot of this is so much crap it makes a cesspit seem clean.
They ought to be ashamed of what they did. Seems intentional to me however.
What other reason could there be fore waiting until July2nd before announcing it. Atleast June 29th and they could have said after reviewing the full data for June we changed our mind. This smacks of being pre planned. I won't be surprised if the did this to sneak in a few cases with very recent priority dates, and just put July 1st approval dates on all those.
Why else they pick the slowest processing center NSC for 485 applications. A lot of this is so much crap it makes a cesspit seem clean.
They ought to be ashamed of what they did. Seems intentional to me however.
vikki76
06-17 03:40 PM
Thanks a lot for informative reply. Good to know that you are not the only one battling choices in this GC maze
nixstor
08-03 11:15 PM
go to: http://www.uscis.gov/pressroom
and then select the one from August 3.
I think that I485 at NSC is a typo. It is because they show that they issued all receipts for I140 and I131 received on or before 7/1, which was Sunday, and the I 485 show 7/1107, which should probably be 7/1/07, just like I140s and I131s.......guys don't panic..we'll get the receipts next week.
Yes, You are right. I missed the '/' until now and was wondering why the 485 is showing 7/11 while 131/765 were showing 7/1. But I am surprised this report came so late in the night on a friday, which means some one is working hard on getting us this update.
and then select the one from August 3.
I think that I485 at NSC is a typo. It is because they show that they issued all receipts for I140 and I131 received on or before 7/1, which was Sunday, and the I 485 show 7/1107, which should probably be 7/1/07, just like I140s and I131s.......guys don't panic..we'll get the receipts next week.
Yes, You are right. I missed the '/' until now and was wondering why the 485 is showing 7/11 while 131/765 were showing 7/1. But I am surprised this report came so late in the night on a friday, which means some one is working hard on getting us this update.
sanjay
07-31 04:59 PM
Neither me nor my wife had US degree. Both went to Canada for stamping. myself in Ottawa and my wife in Toronto with in a gap of five months and had no problems what so ever. 7 of my friends also went to Canada for stamping but no issues with them also.
I think Canada is more safer than going India.
I think Canada is more safer than going India.
