tonyHK12
03-28 01:39 PM
thanks you sir for reply but you joke joke me call obama. he president how me call him?
Plainly Spoken !
Plainly Spoken !
rockstart
07-01 09:37 AM
If I were you I would not go after chasing USCIS. But this is what I would do.Enjoy your GC and freedom
Congratulations and enjoy your green card! Don't worry about the priority dates not being current when yours was approved. My green card was approved in September 2007, sometime after the July fiasco wherein the PD for all categories became unavailable. Since my gc approval, I've been in and out of the US, and I hadn't had any single problem getting back in.
PD: April 2007, EB2, ROW
Congratulations and enjoy your green card! Don't worry about the priority dates not being current when yours was approved. My green card was approved in September 2007, sometime after the July fiasco wherein the PD for all categories became unavailable. Since my gc approval, I've been in and out of the US, and I hadn't had any single problem getting back in.
PD: April 2007, EB2, ROW
intheyan
06-26 03:24 PM
Thanks again Sheela. I just saw your reply.
Thanks again
Thanks again
indyanguy
03-14 06:15 PM
Bottom line is Porting of PD from Eb3 to Eb2 worked for some people only.
It sucks that we cannot use a completely legal avenue without depending on luck. Does USCIS have an explanation for this inconsistency?
It sucks that we cannot use a completely legal avenue without depending on luck. Does USCIS have an explanation for this inconsistency?
more...
jagmohan
01-08 01:53 PM
I am with Company A and my current H1 expires on Nov 2009. I got an offer from Company B and they are insisting to Join with H1B Transfer Receipt ( and not on getting I-797 Approval). Please let me know the following:
1. Can I join Comapny B with H1B transfer Receipt, can Comapany A create any issue here (like if comapany A cancels H1 Visa after I get receipt from Company B)
2. After I join Comapny B with H1B Receipt , and I get 1 payslip from Company B , Can I go to India and Come back to US with Visa Stamped (from Company A) and H1B Transfer Receipt from Company B ( Note I still may not have I-797 Approval Notice)
Regards
Jagmohan
1. Can I join Comapny B with H1B transfer Receipt, can Comapany A create any issue here (like if comapany A cancels H1 Visa after I get receipt from Company B)
2. After I join Comapny B with H1B Receipt , and I get 1 payslip from Company B , Can I go to India and Come back to US with Visa Stamped (from Company A) and H1B Transfer Receipt from Company B ( Note I still may not have I-797 Approval Notice)
Regards
Jagmohan
amitjoey
05-25 11:49 AM
Thank You anilnag, manishgc, govindk, sirinme for your contributions
The total is $5850
The total is $5850
more...
krishna
03-05 12:47 AM
If you guys read the letter a bit carefully, it says they do not have information about the country of chargeability and they cannot share it with us. For $5K all we can get is a breakdown of how many apps are there in each category and then it will be a guessing game of how many are pending for applicants from India/China/ROW etc. Just something to keep in mind.
saileshdude
03-20 11:28 PM
As so many members have posted there is no such thing as H1 transfer. If OP continued to work for employer# 2 without joining employer X that is fine as long as OP's employer 2 did not revoke the H1 petition. So OP should be fine , all he has to do is point that he did not accept employer X offer and decided to continue with current employer (i.e. #2) and his work with employer 2 was authorized based on the continued validity of h1 petition of employer 2. Now I saw that OP mentioned somewhere that he used EAD when his H1 with employer 2 expired. This could be a potential reason for the RFE. Here's my take on it:
When OP's H1 ultimately expired there were two possible work authorizations which OP could have used : Join the employer X on H1 since that employer did not revoke the h1 petition even though he did not join them OR used EAD with either employer 2 or employer X. The OP got this RFE for I-485. If you are doing AOS from H1 the burden is on you to prove that even while your I-485 is pending you have not engaged in unauthorized work. I just feel that the IO is doing an extensive scrutiny of the OP's application and trying to make sure that OP did not engage in unauthorized work at point.
In any case the OP should get a good lawyer.
When OP's H1 ultimately expired there were two possible work authorizations which OP could have used : Join the employer X on H1 since that employer did not revoke the h1 petition even though he did not join them OR used EAD with either employer 2 or employer X. The OP got this RFE for I-485. If you are doing AOS from H1 the burden is on you to prove that even while your I-485 is pending you have not engaged in unauthorized work. I just feel that the IO is doing an extensive scrutiny of the OP's application and trying to make sure that OP did not engage in unauthorized work at point.
In any case the OP should get a good lawyer.
more...
HariDod
07-20 01:48 PM
Hello,
We are on same boat too.Looking for options to file I-485 without receipt number.Our lawyer insisted that we can not file I-485 without receipt number.
We spoke with employer to let us know if they can see cancelled checks online.People who have applied in early july ,can you please let us know how many days it took to get the checks..
Just hoping to get the receipt number ..
We are on same boat too.Looking for options to file I-485 without receipt number.Our lawyer insisted that we can not file I-485 without receipt number.
We spoke with employer to let us know if they can see cancelled checks online.People who have applied in early july ,can you please let us know how many days it took to get the checks..
Just hoping to get the receipt number ..
needhelp!
02-15 02:24 PM
Are you pumped up for campaigning over the weekend?
I will do 50+ from my side over the weekend , sorry shadowing till now will post exact as i mail all these. I will try to pump up as much as i can .
I will do 50+ from my side over the weekend , sorry shadowing till now will post exact as i mail all these. I will try to pump up as much as i can .
more...
vvr
04-10 12:48 AM
Can we all just "grow up" and get along ? I think only then we have "one voice"
risker
07-20 05:43 PM
I accept what risker says.. I am also one of the people with PD 2003 and waiting for the backlog center to send my ad instructions and my friends & neighbours with PD 2005 have all filed I140 & I485 with current fees and expecting their EAD and AP soon. Where is justice? I am in. Common guys pls. join risker.
Hey, thanks for the support. Please talk to anyone who know has been affected personally. Please spread the word. I with few other people will talk to a lawyer soon on this to get things initiated.
But we will need enough support to gather a critical mass and start things rolling in the right track.
So can we have a online form where everyone affected can sign in? How do we do that?
Hey, thanks for the support. Please talk to anyone who know has been affected personally. Please spread the word. I with few other people will talk to a lawyer soon on this to get things initiated.
But we will need enough support to gather a critical mass and start things rolling in the right track.
So can we have a online form where everyone affected can sign in? How do we do that?
more...
piyu7444
09-12 07:28 PM
Hey guys
Just received email from CRIS regarding I-485 denial notice for both me and my wife.
I used AC21 after 9 months of filing I-485. My I-140 was approved before even filing I-485 in July fiasco.
My attorney promptly sent AC-21 and G-28 and i did see LUD on my and my wife's I-485 after that.
My previous company informed me sometime ago that they are going to revoke I-140 and probably they did and i am assuming that's what triggered this.
This is certainly a big damm mistake they did even after sending AC-21 docs and G-28.
Sorry to hear about this but
If your employer revoked I-140 after 180 days of filing 485 and you did work for the employer who filed 140 for 180 days after filing 485 you will win with USCIS. Wait for the denial notice to find the reason, then file for Motion to reopen with your lawyer's help.
Your employer should not have revoked 140 (bummer) and if he did it after 180 days it cant be the reason for denial unless someone at USCIS just did the job in their usual way (read they dont read rules which they should follow day to day)
Hope it helps! Good Luck
Just received email from CRIS regarding I-485 denial notice for both me and my wife.
I used AC21 after 9 months of filing I-485. My I-140 was approved before even filing I-485 in July fiasco.
My attorney promptly sent AC-21 and G-28 and i did see LUD on my and my wife's I-485 after that.
My previous company informed me sometime ago that they are going to revoke I-140 and probably they did and i am assuming that's what triggered this.
This is certainly a big damm mistake they did even after sending AC-21 docs and G-28.
Sorry to hear about this but
If your employer revoked I-140 after 180 days of filing 485 and you did work for the employer who filed 140 for 180 days after filing 485 you will win with USCIS. Wait for the denial notice to find the reason, then file for Motion to reopen with your lawyer's help.
Your employer should not have revoked 140 (bummer) and if he did it after 180 days it cant be the reason for denial unless someone at USCIS just did the job in their usual way (read they dont read rules which they should follow day to day)
Hope it helps! Good Luck
srinivas_o
05-19 04:33 PM
Transaction ID: 4KH56544HU3567823
Donated $100.
Donated $100.
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GCwaitforever
06-14 10:18 AM
Congratulations to all. This looks like a miracle.
All
Charge-ability
Areas
Except
Those
Listed
CHINA-
mainland born INDIA MEXICO PHILIP-PINES
Employ-ment
-Based
1st C C C C C
2nd C C C C C
3rd C C C C C
http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html
All
Charge-ability
Areas
Except
Those
Listed
CHINA-
mainland born INDIA MEXICO PHILIP-PINES
Employ-ment
-Based
1st C C C C C
2nd C C C C C
3rd C C C C C
http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html
desi3933
03-21 08:04 AM
The H1B visa belongs, in effect, to the company that sponsors it. You cannot work for any other company on that visa other than sponsor. If this is a transfer, then, In a so-called "visa transfer" what actually happens is that the initial visa is cancelled in favor of another one issued for the new employer. What that means is OP's work with old employer is considered as "unauthorized work". Do not consider this as illegal presence, as his legal presence is controlled by a valid I-94.
This is incorrect (highlighted in Blue above). Just because new H-1B petition is approved, old I-797 is not canceled. Again, gapala, understand this, if old I-797 is not canceled, beneficiary is authorized to work for old employer for I-797 validity dates. Unless, Employer request to cancel H-1B petition, employee can come back to work for that employer even after starting working for Employer B.
Gapala - One more time, during the validity dates of I-797, employee working for old employer is not "unauthorized work". OP was authorized to work for "Employer 2".
If its a transfer, your I-94 "number" will be same. Check to see if you have same I-94 number on any or all or atleast 2 of your I-94's including the one which they provided you at POE "across" any of your employers (1, 2 and X).
As I stated beore, matching I-94 number does not mean much. I-94 number will be same for cases of change of status from, say, H-1B to B1. On the other hand, I-94 number could be different for H-1B transfer.
Gapala - I have noted that you provide lot of incorrect info in your posts. Please be careful in what you write.
_______________________
Not a legal advice.
US citizen of Indian origin
This is incorrect (highlighted in Blue above). Just because new H-1B petition is approved, old I-797 is not canceled. Again, gapala, understand this, if old I-797 is not canceled, beneficiary is authorized to work for old employer for I-797 validity dates. Unless, Employer request to cancel H-1B petition, employee can come back to work for that employer even after starting working for Employer B.
Gapala - One more time, during the validity dates of I-797, employee working for old employer is not "unauthorized work". OP was authorized to work for "Employer 2".
If its a transfer, your I-94 "number" will be same. Check to see if you have same I-94 number on any or all or atleast 2 of your I-94's including the one which they provided you at POE "across" any of your employers (1, 2 and X).
As I stated beore, matching I-94 number does not mean much. I-94 number will be same for cases of change of status from, say, H-1B to B1. On the other hand, I-94 number could be different for H-1B transfer.
Gapala - I have noted that you provide lot of incorrect info in your posts. Please be careful in what you write.
_______________________
Not a legal advice.
US citizen of Indian origin
more...
wa_Saiprasad
04-26 09:14 PM
Contributed 100$
Via Paypal
Payment Sent (Unique Transaction ID #4TS66130UX609781B)
Via Paypal
Payment Sent (Unique Transaction ID #4TS66130UX609781B)
bestin
10-10 08:42 PM
thank god u got it bumped.else i would have been there on sunday;)
anilsal
11-25 03:04 PM
Here is my list. #1 is unprobable till 2009, so may be we can work on 2, 3, 4
1. Need a legislation change (to increase visa numbers).
2. If the above is not possible, recapture unused visa numbers.
3. If 1 & 2 not possible, exempt spouse and children from visa number counts.
4. If 1, 2 & 3 not possible, then atleast get them to disclose country wise backlog data, so that there is no "cheating" in visa bulletins
Excellent thinking. :)
What should be done to make this happen? Any suggestions? ;)
1. Need a legislation change (to increase visa numbers).
2. If the above is not possible, recapture unused visa numbers.
3. If 1 & 2 not possible, exempt spouse and children from visa number counts.
4. If 1, 2 & 3 not possible, then atleast get them to disclose country wise backlog data, so that there is no "cheating" in visa bulletins
Excellent thinking. :)
What should be done to make this happen? Any suggestions? ;)
ekkatip
03-14 02:32 PM
My experince in porting EB3 to EB2.
One of my friend labor was applied in Eb3 since he was not eligible for eb2 in 2002. His labor and I-140 was cleared in 2006 and waiting to apply I-485.
Meanwhile he got promotion in same company. So he applied for EB2 labor.
(If 50% of job duties change you can claim experience gained in that company.)
He applied another labor in Eb2.
Eb2 labor cleared from same company.
I-140 cleared (ported old priority date.)
Applied I-485 in early 2007.
He got GC by end of 2007.
My case was also similar.
My labor was applied in 2002 in Eb3 since i was not eligible for eb2 in 2002.
Labor and I-140 cleared in 2006.
Got promotion in same company. I asked my company to apply labor in EB2 and port PD. They agreed to pay potion of the cost.
My Eb2 labor approved in 2007 (perm)
I-140 approved but Texas service enter screwed my case they did not ported by old priority date. I-140 approved with PD date 2007.
My attorney requested USCIS to port PD but no luck till now.
I spent 7000$ for this.
Bottom line is Porting of PD from Eb3 to Eb2 worked for some people only.
One of my friend labor was applied in Eb3 since he was not eligible for eb2 in 2002. His labor and I-140 was cleared in 2006 and waiting to apply I-485.
Meanwhile he got promotion in same company. So he applied for EB2 labor.
(If 50% of job duties change you can claim experience gained in that company.)
He applied another labor in Eb2.
Eb2 labor cleared from same company.
I-140 cleared (ported old priority date.)
Applied I-485 in early 2007.
He got GC by end of 2007.
My case was also similar.
My labor was applied in 2002 in Eb3 since i was not eligible for eb2 in 2002.
Labor and I-140 cleared in 2006.
Got promotion in same company. I asked my company to apply labor in EB2 and port PD. They agreed to pay potion of the cost.
My Eb2 labor approved in 2007 (perm)
I-140 approved but Texas service enter screwed my case they did not ported by old priority date. I-140 approved with PD date 2007.
My attorney requested USCIS to port PD but no luck till now.
I spent 7000$ for this.
Bottom line is Porting of PD from Eb3 to Eb2 worked for some people only.
aviko21
10-09 05:38 PM
Though they are a little expensive, Levitt and Needleman In Newyork proved to be extrmely efficient and quick for me.
I only started my process in january 2006 and i got my perm, approved 140, 485 done this year without any queries or rfe's. They reply to every single email that you send them and return every call that you make. Needleman was an officebearer of AILA don;t know if she still is!
I only started my process in january 2006 and i got my perm, approved 140, 485 done this year without any queries or rfe's. They reply to every single email that you send them and return every call that you make. Needleman was an officebearer of AILA don;t know if she still is!
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