looivy
10-11 06:12 PM
Can IV help expedite I-140 processing? It would benefit a lot of folks who have EAD but do not have I-140 approved yet?
Thanks.
Thanks.
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delhirocks
07-18 09:49 PM
Nope. My lawyer did a mistake to correct himself he applied though dates were not current.
What do you think now? any suggestion.
I won't be too worried about that, worst case scenario you might get an RFE.
What do you think now? any suggestion.
I won't be too worried about that, worst case scenario you might get an RFE.
gcboy442
08-26 09:35 AM
clockwork :
Mine is the same case....Did you have LUD on your I-485. Mine was received by J.Barrett on July 2nd and has an LUD on 8/5. Not received the RN yet.
Mine is the same case....Did you have LUD on your I-485. Mine was received by J.Barrett on July 2nd and has an LUD on 8/5. Not received the RN yet.
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j0se
09-15 05:55 AM
david: that is the very one (i called it everything but 'ray of light')
thanks very much!!
i'll go and read and re-read!!
:)
thanks very much!!
i'll go and read and re-read!!
:)
more...
jamesbond007
11-01 08:42 AM
The government published pay that an LCA is evaluated against is usually lesser than the actual pay for that type of job in a region.
If your LCA was filed with a salary that is right on the number, you would be in trouble.
If there is wiggle room, you ought to be OK as long as the new salary is still more than the published LCA.
We are all used to getting raises and bonuses at the end of the year.
But these are very bad times; some cuts at this time are a harsh reality for businesses. But I think it is better for everyone in the company to take a small $ pay cut if it saves others within the company their job.
If your employer is only cutting your salary, that is a bad situation to be in. You should try and get out of there ASAP.
But if it is across the board, more than likely they will restore as soon as things get better.
If your LCA was filed with a salary that is right on the number, you would be in trouble.
If there is wiggle room, you ought to be OK as long as the new salary is still more than the published LCA.
We are all used to getting raises and bonuses at the end of the year.
But these are very bad times; some cuts at this time are a harsh reality for businesses. But I think it is better for everyone in the company to take a small $ pay cut if it saves others within the company their job.
If your employer is only cutting your salary, that is a bad situation to be in. You should try and get out of there ASAP.
But if it is across the board, more than likely they will restore as soon as things get better.
gceveryone
11-09 03:39 PM
My current project is finishing end of this month (Nov) and am not sure if my company will engage me in another project, I work with a offshore model company. If I dont get another project they provide two options work from India or find another company.
I filed for 485 on Jul 19. Got my EAD, 485 receipts, AP is pending. I-140 filed on Feb 28th 2007 at Nebraska and pending.
What are the risks if I move at this time. Company may not revoke I-140, but may not respond to RFE. If I take two months leave .. to buy time and come back (My current H1 stamp in passport expired), can I expect the I-140 to be approved by that time, Or can I apply for a new I140 through the new company and continue the GC processing. Iam in a dillemma as to what will happen as I have only 2 months and odd days left to invoke AC21 and USCIS is currently processing I-140 Nov15 cases as of the last update and mine is Feb'07. I would appreciate any suggestions.
Thanks a lot.
gceveryone.
Labor : Oct'2006
I-140 : Feb'07 (EB3, Nebraska, Pending Approval)
I-1485 : Jul'19 (Recd receipt notice)
I-131 : Jul'19 (Pending approval)
I-765 : Jul'19 (Recd EAD)
My current project is finishing end of this month (Nov) and am not sure if my company will engage me in another project, I work with a offshore model company. If I dont get another project they provide two options work from India or find another company.
I filed for 485 on Jul 19. Got my EAD, 485 receipts, AP is pending. I-140 filed on Feb 28th 2007 at Nebraska and pending.
What are the risks if I move at this time. Company may not revoke I-140, but may not respond to RFE. If I take two months leave .. to buy time and come back (My current H1 stamp in passport expired), can I expect the I-140 to be approved by that time, Or can I apply for a new I140 through the new company and continue the GC processing. Iam in a dillemma as to what will happen as I have only 2 months and odd days left to invoke AC21 and USCIS is currently processing I-140 Nov15 cases as of the last update and mine is Feb'07. I would appreciate any suggestions.
Thanks a lot.
gceveryone.
Labor : Oct'2006
I-140 : Feb'07 (EB3, Nebraska, Pending Approval)
I-1485 : Jul'19 (Recd receipt notice)
I-131 : Jul'19 (Pending approval)
I-765 : Jul'19 (Recd EAD)
My current project is finishing end of this month (Nov) and am not sure if my company will engage me in another project, I work with a offshore model company. If I dont get another project they provide two options work from India or find another company.
I filed for 485 on Jul 19. Got my EAD, 485 receipts, AP is pending. I-140 filed on Feb 28th 2007 at Nebraska and pending.
What are the risks if I move at this time. Company may not revoke I-140, but may not respond to RFE. If I take two months leave .. to buy time and come back (My current H1 stamp in passport expired), can I expect the I-140 to be approved by that time, Or can I apply for a new I140 through the new company and continue the GC processing. Iam in a dillemma as to what will happen as I have only 2 months and odd days left to invoke AC21 and USCIS is currently processing I-140 Nov15 cases as of the last update and mine is Feb'07. I would appreciate any suggestions.
Thanks a lot.
gceveryone.
Labor : Oct'2006
I-140 : Feb'07 (EB3, Nebraska, Pending Approval)
I-1485 : Jul'19 (Recd receipt notice)
I-131 : Jul'19 (Pending approval)
I-765 : Jul'19 (Recd EAD)
I filed for 485 on Jul 19. Got my EAD, 485 receipts, AP is pending. I-140 filed on Feb 28th 2007 at Nebraska and pending.
What are the risks if I move at this time. Company may not revoke I-140, but may not respond to RFE. If I take two months leave .. to buy time and come back (My current H1 stamp in passport expired), can I expect the I-140 to be approved by that time, Or can I apply for a new I140 through the new company and continue the GC processing. Iam in a dillemma as to what will happen as I have only 2 months and odd days left to invoke AC21 and USCIS is currently processing I-140 Nov15 cases as of the last update and mine is Feb'07. I would appreciate any suggestions.
Thanks a lot.
gceveryone.
Labor : Oct'2006
I-140 : Feb'07 (EB3, Nebraska, Pending Approval)
I-1485 : Jul'19 (Recd receipt notice)
I-131 : Jul'19 (Pending approval)
I-765 : Jul'19 (Recd EAD)
My current project is finishing end of this month (Nov) and am not sure if my company will engage me in another project, I work with a offshore model company. If I dont get another project they provide two options work from India or find another company.
I filed for 485 on Jul 19. Got my EAD, 485 receipts, AP is pending. I-140 filed on Feb 28th 2007 at Nebraska and pending.
What are the risks if I move at this time. Company may not revoke I-140, but may not respond to RFE. If I take two months leave .. to buy time and come back (My current H1 stamp in passport expired), can I expect the I-140 to be approved by that time, Or can I apply for a new I140 through the new company and continue the GC processing. Iam in a dillemma as to what will happen as I have only 2 months and odd days left to invoke AC21 and USCIS is currently processing I-140 Nov15 cases as of the last update and mine is Feb'07. I would appreciate any suggestions.
Thanks a lot.
gceveryone.
Labor : Oct'2006
I-140 : Feb'07 (EB3, Nebraska, Pending Approval)
I-1485 : Jul'19 (Recd receipt notice)
I-131 : Jul'19 (Pending approval)
I-765 : Jul'19 (Recd EAD)
My current project is finishing end of this month (Nov) and am not sure if my company will engage me in another project, I work with a offshore model company. If I dont get another project they provide two options work from India or find another company.
I filed for 485 on Jul 19. Got my EAD, 485 receipts, AP is pending. I-140 filed on Feb 28th 2007 at Nebraska and pending.
What are the risks if I move at this time. Company may not revoke I-140, but may not respond to RFE. If I take two months leave .. to buy time and come back (My current H1 stamp in passport expired), can I expect the I-140 to be approved by that time, Or can I apply for a new I140 through the new company and continue the GC processing. Iam in a dillemma as to what will happen as I have only 2 months and odd days left to invoke AC21 and USCIS is currently processing I-140 Nov15 cases as of the last update and mine is Feb'07. I would appreciate any suggestions.
Thanks a lot.
gceveryone.
Labor : Oct'2006
I-140 : Feb'07 (EB3, Nebraska, Pending Approval)
I-1485 : Jul'19 (Recd receipt notice)
I-131 : Jul'19 (Pending approval)
I-765 : Jul'19 (Recd EAD)
more...
smaram1
08-12 07:57 AM
Thanks for the reply (myvoice123 and anilvt)...that gives some hope...i am seeing conflicting comments/replies from IO's on applying 180 day rule...needless to say i am stuck in NC..
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gbof
06-03 06:09 PM
Hi All,
My company applied 485 and h1b. I am in AOS status and having EAD. My company laid off me on March and they are not revoke my h1b and 140(they may hire me back once get new job). Mean time shall i work hourly job and get around $1200 per month with same job description with using my EAD(new company will run payroll and W2). Also i am keep looking permanent full time job with my higher salary.
For the hourly job they asking to fill I-9(employment eligibility verification will inform USCIS). On that form asking my A# with EAD expiration date.
Is there a chance USCIS will know my hourly job?. My concern - this hourly job will create a problem for my GC process (chance to get REF) because rate is low
Please give me your valuable suggestion
Thanks
Sorry for your situition and I wish you good luck in finding job. It is hard to survice and maintain legal status in current economy. Are you really without job since mar09 ?. My understanding on this is : for the primary-AOS big salary cut or raise can become a issue later.
Guys, please, throw some light if there is any time limit for primary-AOS to get a job to stay in status?
My company applied 485 and h1b. I am in AOS status and having EAD. My company laid off me on March and they are not revoke my h1b and 140(they may hire me back once get new job). Mean time shall i work hourly job and get around $1200 per month with same job description with using my EAD(new company will run payroll and W2). Also i am keep looking permanent full time job with my higher salary.
For the hourly job they asking to fill I-9(employment eligibility verification will inform USCIS). On that form asking my A# with EAD expiration date.
Is there a chance USCIS will know my hourly job?. My concern - this hourly job will create a problem for my GC process (chance to get REF) because rate is low
Please give me your valuable suggestion
Thanks
Sorry for your situition and I wish you good luck in finding job. It is hard to survice and maintain legal status in current economy. Are you really without job since mar09 ?. My understanding on this is : for the primary-AOS big salary cut or raise can become a issue later.
Guys, please, throw some light if there is any time limit for primary-AOS to get a job to stay in status?
more...
EkAurAaya
10-11 01:03 PM
My labor cert priority date is Aug 21, 2006 and my 140 EB2 was filed in Dec 20, 2006 and I received the RFE last week from NSC.
I did complete the masters program but did not have the official certificate in hand. On my certificate and official transcripts - the date of graduation is the day the certificate was issued - which is Jan 2007 - which is the graduation date according to the verbage.
One of my friend got his degree certificate after 3 years but in his case he had to submit his final project (without which they would not consider the course complete)... in your case if you have completed all requirements then all you have to do is get an official letter from your school supporting your claim (that you completed all required courses in time), i think that should suffice...
Go with what your lawyer suggests
Good luck
I did complete the masters program but did not have the official certificate in hand. On my certificate and official transcripts - the date of graduation is the day the certificate was issued - which is Jan 2007 - which is the graduation date according to the verbage.
One of my friend got his degree certificate after 3 years but in his case he had to submit his final project (without which they would not consider the course complete)... in your case if you have completed all requirements then all you have to do is get an official letter from your school supporting your claim (that you completed all required courses in time), i think that should suffice...
Go with what your lawyer suggests
Good luck
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snddlth
08-18 08:46 PM
You can open a PO Box in your name and update the address with USCIS. I've done that.
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yabadaba
04-22 02:28 PM
May-08 1-Jan-04
i guess the question is where does it move next...we have been at april1 2004 before...will it move beyond 04 into 05 or not.
i guess the question is where does it move next...we have been at april1 2004 before...will it move beyond 04 into 05 or not.
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indrachat_75
02-20 10:19 PM
It is next week, correct ?
Indraneel
Indraneel
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lifestrikes
05-31 10:17 PM
Before the Neufled Memo, self H1B sponsorship was possible, but now you will not be able to prove employer-employee relationship.
If you happen to find a way, let me know.
If you happen to find a way, let me know.
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maximus777
03-04 05:49 PM
Dont think so. If you have tech skills, might want to try your luck with H1-B circus.
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dealsnet
02-07 09:34 AM
Visit visa is only for the max. 6 months. No guarenty they will give that. I know many people got 1-3 months only. My mother used to come here for 6 months and go back to India for 1 months and again come back and stay 6 months. The 3rd time at the JFK, they told her this is your last entry in visit visa and give her 3 months. They told her if you come next time, she will send back as blacklisted. Because she abused the visit visa and stayed most of the time here in US for the couple of years. My sister is a US citizen by then and she filed AOS and I-130 for her and my mother got her GC in 6 months. My friend bring his father here and his father was hospitalized due to a heart attack. He got a bill for 90K. Now he is paying it by installments, because be sponser him. He is liable to pay it. He hired a lawyer, but finally he agreed to pay. So don't bring any one here without taking medical insurance. Parents are not come into H4 catagory.
From IRS point of view, parents are considered dependents if you are taking care of them at home. You could bring them on visitor VISA mentioning that they will be here for medical treatment. You may have to show proof of Insurance etc ... in the affidavit of support. Medical exprenses are costly here. That is the only problem.
From IRS point of view, parents are considered dependents if you are taking care of them at home. You could bring them on visitor VISA mentioning that they will be here for medical treatment. You may have to show proof of Insurance etc ... in the affidavit of support. Medical exprenses are costly here. That is the only problem.
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dpp
02-06 09:01 PM
Whenever the H1 is transferred, H4 also has to be transferred.
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transpass
10-02 12:22 PM
Whenever there is a tech system upgrade, especially of this magnitude, there are bound to have glitches, problems, etc...I wonder how smoothly the integration will go. Hopefully, all will be well and does not affect the productivity at CIS...The productivity is already so low at CIS...Hoping for the best...
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chanduv23
07-17 10:39 AM
Thank you Ganguteli and Elaine for your responses.
It appears there was a problem with the website status update. Today my attorney received a letter that my MTR has been approved. I guess my I-485 is back on track now.
Thank you once again for your replies.
Congrats - there was no need to go through this. Unfortunately the system has been this way and in some way or the other most of us get into these situations.
It appears there was a problem with the website status update. Today my attorney received a letter that my MTR has been approved. I guess my I-485 is back on track now.
Thank you once again for your replies.
Congrats - there was no need to go through this. Unfortunately the system has been this way and in some way or the other most of us get into these situations.
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plongwait
12-07 03:51 PM
Hi Everyone,
We r in a totally confused state of H1,H4,Visa & passport. I would be very gr8ful if u can help.
The thing is my husbnad is on H1 & me on H4.
His H1 was getting expired in Jan07 & has been extended till May08.
His passport is getting expired in Sep07(the 10yrs validity will be over & we will need to get a new passport plz mind new not renewed).
We r going to India in Jan-Feb07 & would like to get the Visa stamped there. Now the US consulate says that you present a passport that is valid for at least 6 months beyond your date of anticipated stay in the U.S. i.e May08 in our case.
Questions:-
1) To take an appointment in India we need to get the HDFC bar code, for which we need to present the copy of first page of passport. Can we take an appoinment on the basis of old passport & then carry both the old & new passport at the time of interview?
If yes, on which passport will we get the stamp? If only the old passport then do we need to take another appointment later to get the new passport stamped.
2) Do we need to take seperate appointment for my husband & me to get the stamping done in India ?
3) Will appointment be available in Feb or we r too late ?
We have not yet sent the application for new passport. Not getting a clear cut solution for this situation we even wrote to the US consulate but no relevant reply.Plz suggest what is to be done.
Thanx in advance.:)
Thsi is my suggestion based on the personal experience. May be it's helpful t o you.
You can get your new passport in USA from your nearest Inidan Consulate. The form is very simple - may take just a few hours fill. Indian consulate takes about a week to get the new passport.
I have got new passport (after 10 years of expiry) for whole of my family from Indian Cosulate at San Francisco in 7 days. This process is really simple. As the Visa appointment dates in India are available at short notice, you may have enough time to get new passport and then ask for Visa appointment if you apply for the passport in next few days.
We r in a totally confused state of H1,H4,Visa & passport. I would be very gr8ful if u can help.
The thing is my husbnad is on H1 & me on H4.
His H1 was getting expired in Jan07 & has been extended till May08.
His passport is getting expired in Sep07(the 10yrs validity will be over & we will need to get a new passport plz mind new not renewed).
We r going to India in Jan-Feb07 & would like to get the Visa stamped there. Now the US consulate says that you present a passport that is valid for at least 6 months beyond your date of anticipated stay in the U.S. i.e May08 in our case.
Questions:-
1) To take an appointment in India we need to get the HDFC bar code, for which we need to present the copy of first page of passport. Can we take an appoinment on the basis of old passport & then carry both the old & new passport at the time of interview?
If yes, on which passport will we get the stamp? If only the old passport then do we need to take another appointment later to get the new passport stamped.
2) Do we need to take seperate appointment for my husband & me to get the stamping done in India ?
3) Will appointment be available in Feb or we r too late ?
We have not yet sent the application for new passport. Not getting a clear cut solution for this situation we even wrote to the US consulate but no relevant reply.Plz suggest what is to be done.
Thanx in advance.:)
Thsi is my suggestion based on the personal experience. May be it's helpful t o you.
You can get your new passport in USA from your nearest Inidan Consulate. The form is very simple - may take just a few hours fill. Indian consulate takes about a week to get the new passport.
I have got new passport (after 10 years of expiry) for whole of my family from Indian Cosulate at San Francisco in 7 days. This process is really simple. As the Visa appointment dates in India are available at short notice, you may have enough time to get new passport and then ask for Visa appointment if you apply for the passport in next few days.
jest_1
08-12 11:04 AM
What about a scenario like this.. If you had some gaps (less than 180 days), but left and re-entered and then filed your I-485. Would it still be an issue or does 245k cover this scenario ?
monkeyman
10-11 01:00 PM
Hi,
I do not if I had the same situation as yours - however, this is what happened to me:
1. I completed the Masters in 2003 - all course work and required credits by fall of 2003. PD for the LC was on Oct 28, 2003. I skipped the convocation ceremony (due to lack of funds) - yes, I lived on Campbell soup for 3 months. Initially, I had planned on attending it - however, circumstances changed. After some work, I got the degree on March 2004.
I got an RFE saying I wasn't eligible because I got my Masters after I applied for Labor. So first of all I got the letter from the dean of the university detailing the chronological events of credits completion and a justification for getting the late degree (stating about convocation and missing it). The lawyer drafted a response and referred to the dates in the letter issued by the dean and dates on when the credits were issued citing the administrative delays on my part.
Put it all together and send it and I-140 got rejected after 3 months. Then we opened a MTR and resend the package again and everything went through. Its not a death blow, but it involves quite a bit of running around to get a letter from the university and then have the dean approve it.
I do not if I had the same situation as yours - however, this is what happened to me:
1. I completed the Masters in 2003 - all course work and required credits by fall of 2003. PD for the LC was on Oct 28, 2003. I skipped the convocation ceremony (due to lack of funds) - yes, I lived on Campbell soup for 3 months. Initially, I had planned on attending it - however, circumstances changed. After some work, I got the degree on March 2004.
I got an RFE saying I wasn't eligible because I got my Masters after I applied for Labor. So first of all I got the letter from the dean of the university detailing the chronological events of credits completion and a justification for getting the late degree (stating about convocation and missing it). The lawyer drafted a response and referred to the dates in the letter issued by the dean and dates on when the credits were issued citing the administrative delays on my part.
Put it all together and send it and I-140 got rejected after 3 months. Then we opened a MTR and resend the package again and everything went through. Its not a death blow, but it involves quite a bit of running around to get a letter from the university and then have the dean approve it.
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