SAPGURU
01-04 07:30 PM
My company is multinational company and per their company policy they can not file two I 140. They are asking me to make a choice . Unfortunalty i am not in position to leave this company and join another one. Please advice what should i choose EB3 04 OR eb2 06.
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punjabi77
10-09 11:08 AM
thanks for your response..
But i am still not convinced that one can keep both PR as well as GC.
I am quite sure that there are many people on this forum who must have applied for PR as well as GC and now got their GC.
Someone please provide some information..
But i am still not convinced that one can keep both PR as well as GC.
I am quite sure that there are many people on this forum who must have applied for PR as well as GC and now got their GC.
Someone please provide some information..
eastindia
05-21 01:05 PM
If this immigration backlog continues, more people will go to Canada and Australia. Is there any way to find such numbers. It will be America's loss
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roseball
01-18 01:34 PM
If "if you re-enter US before your extension is valid" is not the case then following is my experience.
Once you get the new H1 visa stamped, the old visa is "cancelled without prejudice" by the consulate. The consulate puts a stamp to that effect on your old visa in the passport. I don't see how an IO would consider the old H1 Valid at that point. I have gone through similar scenario once.
You are right, I stand corrected. I was referring to the scenario when trying to re-enter on the current VISA stamp without getting a new VISA stamp and expecting to get an I-94 till the validity of the approved extension.
Once you get the new H1 visa stamped, the old visa is "cancelled without prejudice" by the consulate. The consulate puts a stamp to that effect on your old visa in the passport. I don't see how an IO would consider the old H1 Valid at that point. I have gone through similar scenario once.
You are right, I stand corrected. I was referring to the scenario when trying to re-enter on the current VISA stamp without getting a new VISA stamp and expecting to get an I-94 till the validity of the approved extension.
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snathan
04-13 01:27 PM
Thanks for the response.
So you are asking me to first threaten him by saying that I would take this matter to DOL if he does not refund me back. If matter gets really worse then and only then should I lodge a complaint against his firm? Am I right? If I have to complain, what is the procedure. I am just nervous. Please guide me.
And by the way how much do you think out of $1800,can I ask him to refund? And to just bring to your notice, he is saying this after 1 year. I can even ask him to pay me the interest for 1 year that he's enjoyed on my hard earned money. Right?
How do you think threating him would stand me a good chance to get my money back. It might even backfire by him not paying me anything (Right now he is ready to pay me something out of $1800 by talking to his finance dept.) and challenging me to the court. I am in India from last october and will be in India till coming October. I cannot agree to his terms of going to the court and all that stuff. And at the same time it should not impact my other H1 petition on which I already have VISA.
Sorry to put forth so many conditions before you. But I just want to be cautious and work out all pros and cons in my mind before executing it.
Your help & advice greatly appreciated.
Thanks
Send the email. Then if you are not getting anything file a complaint with DOL. If he is sueing you..hire a attorney for couple hundered dollars and draft a response letter. Stating all the illegals things which he is doing like not paying on bench, tell him that he will lose his business and need to pay for the stress you are going through...
So you are asking me to first threaten him by saying that I would take this matter to DOL if he does not refund me back. If matter gets really worse then and only then should I lodge a complaint against his firm? Am I right? If I have to complain, what is the procedure. I am just nervous. Please guide me.
And by the way how much do you think out of $1800,can I ask him to refund? And to just bring to your notice, he is saying this after 1 year. I can even ask him to pay me the interest for 1 year that he's enjoyed on my hard earned money. Right?
How do you think threating him would stand me a good chance to get my money back. It might even backfire by him not paying me anything (Right now he is ready to pay me something out of $1800 by talking to his finance dept.) and challenging me to the court. I am in India from last october and will be in India till coming October. I cannot agree to his terms of going to the court and all that stuff. And at the same time it should not impact my other H1 petition on which I already have VISA.
Sorry to put forth so many conditions before you. But I just want to be cautious and work out all pros and cons in my mind before executing it.
Your help & advice greatly appreciated.
Thanks
Send the email. Then if you are not getting anything file a complaint with DOL. If he is sueing you..hire a attorney for couple hundered dollars and draft a response letter. Stating all the illegals things which he is doing like not paying on bench, tell him that he will lose his business and need to pay for the stress you are going through...
chenche19
04-01 11:57 AM
Gurus,
my and my wife received a denial letter from USCIS regarding our I-485 applications. My I-140 was approved on November 08'.
the weird thing is that I did not get an RFE of any kind... so, we decided to submit an MTR because:
1. the grounds for denial are wrong: no RFE on Medical and my case falls under visa gate - USCIS publication of July 23, 2007 states that USCIS will submitt an RFE on this matter.
2. denial over birth certificate??? anyway, it was submitted originally and USCIS just lost it in the process anyway no RFE on that either.
3. taken literally from the letter of denial "EVIDENCE OF EVIDENCE OF ELIGIBILITY MAINTANCE " I believe that is my I-94 -which we had submitted and the visa bulletin on june 2007 giving me the green light for I-140 and I-485.
so, we submitted an MTR based on this documents and I got the receipt date as March 17.
any thoughts and comments will be apreciated.
thanks,
my and my wife received a denial letter from USCIS regarding our I-485 applications. My I-140 was approved on November 08'.
the weird thing is that I did not get an RFE of any kind... so, we decided to submit an MTR because:
1. the grounds for denial are wrong: no RFE on Medical and my case falls under visa gate - USCIS publication of July 23, 2007 states that USCIS will submitt an RFE on this matter.
2. denial over birth certificate??? anyway, it was submitted originally and USCIS just lost it in the process anyway no RFE on that either.
3. taken literally from the letter of denial "EVIDENCE OF EVIDENCE OF ELIGIBILITY MAINTANCE " I believe that is my I-94 -which we had submitted and the visa bulletin on june 2007 giving me the green light for I-140 and I-485.
so, we submitted an MTR based on this documents and I got the receipt date as March 17.
any thoughts and comments will be apreciated.
thanks,
more...
roseball
03-29 08:43 PM
I got the RFE notification in the mail yesterday and here is the RFE info:
The Service acknowledges that you filed your I-485 Employment Based Application (Receipt #) based on your approved 3rd preference I-140 (Receipt #). Service records indicate that you also have an approved 2nd preference I-140 (Receipt #) with a priority date that affords you an available visa. If you wish to transfer this I-485 to your newly approved Form I-140 a request for conversion must be made in writing. If no response is received, USCIS will continue adjudication on the instant I-485 based on your 3rd preference I-140 and will wait for visa availability based on that preference classification".
I had another approved I-140 in EB2 from the client where I worked as a contractor. That company got acquired by another and am not sure if they still support me in the process.
1) Did anyone receive such RFE?
2) Should I send USCIS a letter by requesting them to trasfer my I-485 to EB2?
3) USCIS had issued this RFE on 03/03/10 with 04/03/10 deadline but I had received it yesterday(3/27/10). I have only 1 week to respond back.
Is there a way to buy some more time if i cant respond back in 3-4 business days?
Please advice. I really appreciate your help!
Thanks in advance.
Firstly, its good that USCIS is infact tracking all approved I-140s based on applicant's profile in order to adjudicate cases which have an available visa number based on PD porting.
In your case, technically, you can only request to tag your I-485 to the EB-2 I-140 only when the EB-2 sponsoring employer is still willing to employ you when your I-485 is approved. You need to consider a situation of USCIS issuing another RFE in addition to your transfer letter, to produce an employment verification letter from your EB-2 employer. Best thing to do is to get in touch with your EB-2 employer and check to see if he is still willing to support you. In that case, you can request for transfer. Otherwise, technically, you cannot transfer your case but can continue your case in EB-3. Obviously, getting an expert opinion from a good attorney is key as time is running out.
The Service acknowledges that you filed your I-485 Employment Based Application (Receipt #) based on your approved 3rd preference I-140 (Receipt #). Service records indicate that you also have an approved 2nd preference I-140 (Receipt #) with a priority date that affords you an available visa. If you wish to transfer this I-485 to your newly approved Form I-140 a request for conversion must be made in writing. If no response is received, USCIS will continue adjudication on the instant I-485 based on your 3rd preference I-140 and will wait for visa availability based on that preference classification".
I had another approved I-140 in EB2 from the client where I worked as a contractor. That company got acquired by another and am not sure if they still support me in the process.
1) Did anyone receive such RFE?
2) Should I send USCIS a letter by requesting them to trasfer my I-485 to EB2?
3) USCIS had issued this RFE on 03/03/10 with 04/03/10 deadline but I had received it yesterday(3/27/10). I have only 1 week to respond back.
Is there a way to buy some more time if i cant respond back in 3-4 business days?
Please advice. I really appreciate your help!
Thanks in advance.
Firstly, its good that USCIS is infact tracking all approved I-140s based on applicant's profile in order to adjudicate cases which have an available visa number based on PD porting.
In your case, technically, you can only request to tag your I-485 to the EB-2 I-140 only when the EB-2 sponsoring employer is still willing to employ you when your I-485 is approved. You need to consider a situation of USCIS issuing another RFE in addition to your transfer letter, to produce an employment verification letter from your EB-2 employer. Best thing to do is to get in touch with your EB-2 employer and check to see if he is still willing to support you. In that case, you can request for transfer. Otherwise, technically, you cannot transfer your case but can continue your case in EB-3. Obviously, getting an expert opinion from a good attorney is key as time is running out.
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IfYouSeekAmy
05-17 02:59 PM
Yes, I hired them in 2004. Spoke to David Cohen for an initial consulatation. They did all the paperwork. Back then they charged 1500 for the whole thing was payable in installments. (They made a mistake in one of the forms which came up during my final PR interview which was able to explain. So insist on receiving and reviewing all the forms prior to signing them). With that exception, they did a good job. Another issue was that they kept changing the paralegals so I worked with 3 people during the whole process. They were pretty good on answering calls and emails.
Like someone said in this thread you do not have to have an immigration agent for Canadian PR as it is pretty straight forward. I used one only for the peace of mind and less hassle.
IfYouSeekAmy,
Can you please share your experience with them?
Thanks
Like someone said in this thread you do not have to have an immigration agent for Canadian PR as it is pretty straight forward. I used one only for the peace of mind and less hassle.
IfYouSeekAmy,
Can you please share your experience with them?
Thanks
more...
morchu
08-02 01:14 AM
I believe it is worth the 180 days wait. And AC-21 is practical for a lot of situations. Anyway you dont really have to wait 180 days, if you can convince the current employer not to revoke the 140 (at least for the next 180 days).
My answer should have been different if you were not eligible to file 485.
Also give some serious thoughts about filing 485 before marriage. If you are unlucky enough, it can have serious side-effects.
EB3 with PD of July 2006. I-140 Approved. 485 +EAD+AP filed 2 weeks ago.
I was contemplating on job change before dates became current in June and decision to accept 485....
Now that 485 is filed and this DUST has settled, wondering whether all this is worth the wait. (even 180 days).
Currently in my 5th year of H1b, by waiting out the 6 months, I'll also get 3 yr h1b ext. (and hopefully ead by then).
So is waiting 180 days the best choice? or screw all this and change! (I dunno if this AC21 etc etc is practical...same job description etc)
(I am single and those complexities are not to be considered I guess yet.
Plan is to try and change jobs on H1b and use EAD only if there is a dire need like layoff to find another job quicker)
My answer should have been different if you were not eligible to file 485.
Also give some serious thoughts about filing 485 before marriage. If you are unlucky enough, it can have serious side-effects.
EB3 with PD of July 2006. I-140 Approved. 485 +EAD+AP filed 2 weeks ago.
I was contemplating on job change before dates became current in June and decision to accept 485....
Now that 485 is filed and this DUST has settled, wondering whether all this is worth the wait. (even 180 days).
Currently in my 5th year of H1b, by waiting out the 6 months, I'll also get 3 yr h1b ext. (and hopefully ead by then).
So is waiting 180 days the best choice? or screw all this and change! (I dunno if this AC21 etc etc is practical...same job description etc)
(I am single and those complexities are not to be considered I guess yet.
Plan is to try and change jobs on H1b and use EAD only if there is a dire need like layoff to find another job quicker)
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indyanguy
01-14 09:14 PM
Thanks for all the replies.
All big cities have MIT Enterprise Forum chapters, you can meet and network with a lot of accomplished people there. There are plenty volunteer opportunities.
ampudhukode- I have sent you a PM.
All big cities have MIT Enterprise Forum chapters, you can meet and network with a lot of accomplished people there. There are plenty volunteer opportunities.
ampudhukode- I have sent you a PM.
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kcindian
08-03 11:11 PM
I have a follow-up question. If I do not get my EAD before my current one expires, am i out of status? I have a LIN number for the renewal submission.
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vjone
04-09 05:19 PM
OP has asked a simple question, If you can answer it in simple manner do it. If not do not even respond to it.
If you think you are real smart then act like one instead posting you irrelavant comments here.
If you think you are real smart then act like one instead posting you irrelavant comments here.
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Munna Bhai
01-08 01:56 PM
Hello,
My brother-in-law and sister are both Indian Doctors, having a private practice in INDIA. They would like to apply for visitor's visa.
Any suggestion about the problems they may encounter? Do they have to go on two differrent dates for getting the visa stampped at Chennai?
Thanks in Advance,
My brother-in-law and sister are both Indian Doctors, having a private practice in INDIA. They would like to apply for visitor's visa.
Any suggestion about the problems they may encounter? Do they have to go on two differrent dates for getting the visa stampped at Chennai?
Thanks in Advance,
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sduddukuri
02-23 08:27 PM
I have applied for renewal of H1b and H4 by premium processing on 10-Jan-2010 based on pending green card. I got an RFE for my H1b for which my employer replied on 10-Feb-2010. My H1b got approved where as my wifes H4 got rejected on 22-Feb-2010. Still waiting for denial letter from USCIS. My wifes I-94 got expired on 11-Feb-2010. So is she out of status since 11-Feb-2010. What are my options. Is it better to re-open (MTR) case or go to india and re apply for H4. how is this out of status going to affect her chances of getting renewd in India or her green card application. Any other ideas. Please help.
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snhn
12-13 09:13 AM
From Austin. In for whatever. Let me know How can I be helpful
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gg_ny
08-23 01:02 PM
When is the Senate meeting and is it scheduled to take up the skil bill this year??...
When can it take it up next year??...
Could you please give some dates???.
I don't want to sound cynical but restate and emphasize what I have shared with the group over past few months. Everytime, around a deadline or around something we think as a cure, we build up hope, hype, leading to hysterical exchanges of postings, name callings, subsequent regrets , pre-mature back-pattings and in the end, enormous amount of disappointment.
I wish we could avoid this over SKIL Bill. The trend which many of us do not want to see is that the bill is just a decoy to satisfy industry-backed hard-currency donor stakeholders. The underlying mood among the majority of the members of Congress is not to seen as someone who gives even an inch **for** immigration. Any member who is seen as supporting openly for immigration on the floor would be a red herring or someone wearing a bull's eye while walking by a shooting range. This is the fact and any amount of new forum topics, name callings, challenging admin members etc. will not change the reality. Anybody familiar with the currents of democratic politics would know to expect no improvements - but only noises- over contentious issues 70 days before a critical nation-wide election. This is true for US of Americal, India or any other democratic country.
Guys, harden yourselves. IF and a big IF, something could happen, it should happen only with the new congress in place. That gives you a timeline starting from late December 2006. Add in a month or two at least for the matter to soak into among the new members, committees reorganized, scope of the issues redefined, proposed bills rewritten based on the current political climate.
I would bet on spring of 2007 and you may start praying that the issue gets settled positively before Thanksgiving of 2007 as after that would be, roughly, the start time for next Big election cycle. Just before you shoot emails criticizing me or my posting, please note that my visa number is retrogressed too and I have no ulterior motives to make this posting.
When can it take it up next year??...
Could you please give some dates???.
I don't want to sound cynical but restate and emphasize what I have shared with the group over past few months. Everytime, around a deadline or around something we think as a cure, we build up hope, hype, leading to hysterical exchanges of postings, name callings, subsequent regrets , pre-mature back-pattings and in the end, enormous amount of disappointment.
I wish we could avoid this over SKIL Bill. The trend which many of us do not want to see is that the bill is just a decoy to satisfy industry-backed hard-currency donor stakeholders. The underlying mood among the majority of the members of Congress is not to seen as someone who gives even an inch **for** immigration. Any member who is seen as supporting openly for immigration on the floor would be a red herring or someone wearing a bull's eye while walking by a shooting range. This is the fact and any amount of new forum topics, name callings, challenging admin members etc. will not change the reality. Anybody familiar with the currents of democratic politics would know to expect no improvements - but only noises- over contentious issues 70 days before a critical nation-wide election. This is true for US of Americal, India or any other democratic country.
Guys, harden yourselves. IF and a big IF, something could happen, it should happen only with the new congress in place. That gives you a timeline starting from late December 2006. Add in a month or two at least for the matter to soak into among the new members, committees reorganized, scope of the issues redefined, proposed bills rewritten based on the current political climate.
I would bet on spring of 2007 and you may start praying that the issue gets settled positively before Thanksgiving of 2007 as after that would be, roughly, the start time for next Big election cycle. Just before you shoot emails criticizing me or my posting, please note that my visa number is retrogressed too and I have no ulterior motives to make this posting.
more...
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njsucks
08-04 09:21 AM
from immigration-law.com
The period of 14 months may be a long time for the immigrants but a short time for the agency to eliminate tons of complicated labor certification applications.
Well. We have been waiting for so long that every day is a torture. 14 months IS a LOOOONG time on top of it. what have they been doing beforet this 14 months?
The period of 14 months may be a long time for the immigrants but a short time for the agency to eliminate tons of complicated labor certification applications.
Well. We have been waiting for so long that every day is a torture. 14 months IS a LOOOONG time on top of it. what have they been doing beforet this 14 months?
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chanduv23
12-18 10:01 AM
Prashanthi Reddy will be on IV chat tonight at 9.30 PM EST
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Mera_Bharat_Mahan
02-28 07:07 PM
I am not sure why you all are all so worried about finger printing. No one is getting their GC anytime soon. PD for both EB2 and EB3 is either unavailable or in 2001. Even if FP takes a little while, don't worry.
I have a friend who never got finger printed till he got his GC. So relax.
I have a friend who never got finger printed till he got his GC. So relax.
yagw
03-16 11:49 AM
I am a primary applicant of GC. My question is can I take an unpaid vacation (for upto 6 months). FYI, My PD is EB3 - Aug 2003.
Does that affect my GC status in any way?
If this topic has been discussed earler, pl. point me to a correct thread.
Thanks,
If the company will cooperate with your Attorney in the paper works needed, for any potential RFEs, I don't see a problem. Make sure your Attorney (either your personal or current GC sponsoring company) gets RFE (updated g28 etc).
Also they might ask for copies of your tax returns...
DISCLAIMER: I am not an Attorney and this is not a legal advice
Does that affect my GC status in any way?
If this topic has been discussed earler, pl. point me to a correct thread.
Thanks,
If the company will cooperate with your Attorney in the paper works needed, for any potential RFEs, I don't see a problem. Make sure your Attorney (either your personal or current GC sponsoring company) gets RFE (updated g28 etc).
Also they might ask for copies of your tax returns...
DISCLAIMER: I am not an Attorney and this is not a legal advice
FinalGC
08-04 09:25 AM
Great idea
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