EB3Ind
08-20 01:25 PM
It not a computer glitch for sure. As the explanation goes like this:
we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action.
Even My I-140 status changed from approved to Initial Review when I received my I-485 RFE last few months ago. Though I used AC21 to change my old employer to new employer I-140 still shows initial review.
we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action.
Even My I-140 status changed from approved to Initial Review when I received my I-485 RFE last few months ago. Though I used AC21 to change my old employer to new employer I-140 still shows initial review.
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GCHope2011
09-12 11:01 PM
Hi, I have a quite strange situation here:
I am from China. I have an approved EB2-NIW I-140 with priority date of 2/2008 and an EB1a 140 petition denied on 8/4/2010.
I filed an I-485 concurrently with my EB1a, along with EAD applications. I got my EAD on 11/2009 and used it to work already.
The strange part is, my I-485 case is still pending, even though my EB1a petition is denied. In fact, I received RFE for quality photos two weeks after my 140 was denied. I think this is a USCIS error because they think my 485 was linked to my EB2-NIW case.
Now, am I staying in the U.S. illegally even though technically my 485 petition is still pending?
Thanks for all you comments.
Yes, your inference is correct as your 485 (and therefore EAD, AP) is based on an I-140 petition that was denied.
Which means that all status and benefits that are based on the underlying I-140 petition become null and void.
You should definitely consult a lawyer to understand what options you have now.
I am from China. I have an approved EB2-NIW I-140 with priority date of 2/2008 and an EB1a 140 petition denied on 8/4/2010.
I filed an I-485 concurrently with my EB1a, along with EAD applications. I got my EAD on 11/2009 and used it to work already.
The strange part is, my I-485 case is still pending, even though my EB1a petition is denied. In fact, I received RFE for quality photos two weeks after my 140 was denied. I think this is a USCIS error because they think my 485 was linked to my EB2-NIW case.
Now, am I staying in the U.S. illegally even though technically my 485 petition is still pending?
Thanks for all you comments.
Yes, your inference is correct as your 485 (and therefore EAD, AP) is based on an I-140 petition that was denied.
Which means that all status and benefits that are based on the underlying I-140 petition become null and void.
You should definitely consult a lawyer to understand what options you have now.
uimv
03-15 01:55 PM
Incorrect!
Switching from H-1B to EAD comes under change in employee's eligibility. That's the reason new I-9 is filed (to reflect change in employee's employment eligibility).
Thanks.
So employer has to inform USCIS about EAD use. But in this case (and termination) the actual H1b cancellation is USCIS decision ?
(The pdf does not state what action USCIS will take)
Switching from H-1B to EAD comes under change in employee's eligibility. That's the reason new I-9 is filed (to reflect change in employee's employment eligibility).
Thanks.
So employer has to inform USCIS about EAD use. But in this case (and termination) the actual H1b cancellation is USCIS decision ?
(The pdf does not state what action USCIS will take)
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uslegals
11-04 12:31 PM
Can somebody please advice reg. this..Thanks!
more...
cool_guy_onnet1
06-04 01:31 PM
Hey,
Anyone else is like me - My 9th yr H extension was receipted from VERMONT on Jan9th '08 and its almost June 9th '08 and I'm still "Pending"... The peoples i know of got it in 2-3 months , worst case is 4 months.
Earlier i had Extension from VERMONT within 1-2 months , don't know what special stuff they have found for me this time !! :rolleyes:
I am applying for premium today- Keeping my fingers crossed as I have to make a trip in last week of June.
Anyone else is like me - My 9th yr H extension was receipted from VERMONT on Jan9th '08 and its almost June 9th '08 and I'm still "Pending"... The peoples i know of got it in 2-3 months , worst case is 4 months.
Earlier i had Extension from VERMONT within 1-2 months , don't know what special stuff they have found for me this time !! :rolleyes:
I am applying for premium today- Keeping my fingers crossed as I have to make a trip in last week of June.
virtual55
03-27 03:35 PM
http://www.nrilinks.com/usa/indians/assc.htm
guys if any of you are members of the above organizations request them to send a mass email to their members about Immigration Voice and ask them for funds . If you have any links of other organizations post them here and contact them.
Here is the email format:
http://immigrationvoice.org/index.php?option=com_content&task=view&id=30&Itemid=36
guys if any of you are members of the above organizations request them to send a mass email to their members about Immigration Voice and ask them for funds . If you have any links of other organizations post them here and contact them.
Here is the email format:
http://immigrationvoice.org/index.php?option=com_content&task=view&id=30&Itemid=36
more...
tabletpc
12-12 02:59 PM
Vallabhu :
You are wrong...!!!! No one cares your status while elaving the country . its only when you are entering they make sure everyone has proper docuemnts. Also while surrendering the I-94, it is similar to collecting movie tickets. They jsut take and keep it asside.
As of the leaving with 485 receipt, its better to leave with an AP. Aslo contact Attorney on this.
Your wife might have a problem in leaving US with expired I94 , if the immigration officer who is collecting sees that I94 is expired she is subject to 10 year BAN unless she goes CANADA or MEXICO route where they don't collect I94's and to come back in she needs advance parole to be approved receipt may not help .
You are wrong...!!!! No one cares your status while elaving the country . its only when you are entering they make sure everyone has proper docuemnts. Also while surrendering the I-94, it is similar to collecting movie tickets. They jsut take and keep it asside.
As of the leaving with 485 receipt, its better to leave with an AP. Aslo contact Attorney on this.
Your wife might have a problem in leaving US with expired I94 , if the immigration officer who is collecting sees that I94 is expired she is subject to 10 year BAN unless she goes CANADA or MEXICO route where they don't collect I94's and to come back in she needs advance parole to be approved receipt may not help .
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kondur_007
08-03 02:17 PM
Great idea. edited the signature.
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morchu
05-29 02:30 PM
1. Yes. Most countries need 6 months validity on passport from the date of entry. Some countries are exempt from this rule.
2. Usually you keep the same I94.
3. Not necessarily. But be prepared to answer questions. If you are unable to prove your intention to be permanently residing in US, upon US GC, that can be an issue.
Basically you have to claim that you have proper intentions now, and at the time of applications of canadian PR and US GC. Also you have to claim that you plan to reside in US permanently if you receive US GC.
Hi,
1. My current passport is valid till September, 2009. Can that be a problem while coming back to the US using AVR (as passport will be expiring in app. 3 months)? Is there any minimum Passport validity period for US POE to enter US?
2. When using AVR, is there a new I-94 issued at the POE or the same previous I-94 is handed over as it is?
3. As I have a pending 485, can the completion of Canadian PR Landing formalities and use of AVR while coming back to US be a problem at the POE or for 485?
Thanks.
2. Usually you keep the same I94.
3. Not necessarily. But be prepared to answer questions. If you are unable to prove your intention to be permanently residing in US, upon US GC, that can be an issue.
Basically you have to claim that you have proper intentions now, and at the time of applications of canadian PR and US GC. Also you have to claim that you plan to reside in US permanently if you receive US GC.
Hi,
1. My current passport is valid till September, 2009. Can that be a problem while coming back to the US using AVR (as passport will be expiring in app. 3 months)? Is there any minimum Passport validity period for US POE to enter US?
2. When using AVR, is there a new I-94 issued at the POE or the same previous I-94 is handed over as it is?
3. As I have a pending 485, can the completion of Canadian PR Landing formalities and use of AVR while coming back to US be a problem at the POE or for 485?
Thanks.
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Life2Live
11-06 07:31 AM
My 485 petitions returned now we are in process of resubmitting. However, I see my I-140 was applied in Nebraska on Feb 07 and later my 485 petition on Aug 07 was sent to Texas from my employer. I do understand there are intertransfer between Nebraska to Texas.
My question is it right to submit 485 pettion to Texas when I-140 is pending at Nebraska? Gurus! please answer ASAP so that I can make sure atleast my company files in correct service center this time.
My question is it right to submit 485 pettion to Texas when I-140 is pending at Nebraska? Gurus! please answer ASAP so that I can make sure atleast my company files in correct service center this time.
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popoye
04-10 03:18 AM
Yes. the provision is already there. You can covert your RIR or non-RIR cases in BPC to PERM without losing priority date, as long as the case is identical
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ashkam
08-13 08:06 AM
My case EB3 PD Jan 2004
I40 approved TSC July 2007
485 filed at NSC July 2nd
LUD is 8/12/2007
Does this mean anything ?
I have an LUD of 8/12/07 as well and I sent my 485 on August 7. Therefore, I think this LUD means diddly squat.
I40 approved TSC July 2007
485 filed at NSC July 2nd
LUD is 8/12/2007
Does this mean anything ?
I have an LUD of 8/12/07 as well and I sent my 485 on August 7. Therefore, I think this LUD means diddly squat.
more...
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coopheal
04-23 09:12 PM
I understand the 10-day rule, but when does the clock start?
The date of lease starting or the date of actual move.....ideally these shouldnt be too far apart, but in my case they will be, hence the confusion.
LT
As per my understanding 10 days is from the time you change your permanent address. Due to lease constraint I also had two apartments at same time. I filled online AR-11 within 10 days after I moved to new apartment.
The date of lease starting or the date of actual move.....ideally these shouldnt be too far apart, but in my case they will be, hence the confusion.
LT
As per my understanding 10 days is from the time you change your permanent address. Due to lease constraint I also had two apartments at same time. I filled online AR-11 within 10 days after I moved to new apartment.
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ryan
05-28 07:57 PM
Thanks Ryan for reply but I am bit confused... Do I need to have US Visa for working with Canadian company, even if company don't have anything do with US.
It's canada based company and will be working remotely.
Let me get this straight; You're working "remotely" for a Canadian firm whilst living (full time) in the United States?
You shall require a US work visa or a legal resident status to live & work in the US - because (like I said) your status in Canada is irrelevant whilst living & working full time in the US (for a US or foreign Company) I'm not quite sure why that's confusing?
It's canada based company and will be working remotely.
Let me get this straight; You're working "remotely" for a Canadian firm whilst living (full time) in the United States?
You shall require a US work visa or a legal resident status to live & work in the US - because (like I said) your status in Canada is irrelevant whilst living & working full time in the US (for a US or foreign Company) I'm not quite sure why that's confusing?
more...
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sachug22
07-21 05:12 PM
As it is mentioned in the RFE, I have to reply with the sealed envlope and copy of letter and the yellow paper attached. I did not receive any yellow paper along with the mail. Did any one received like this ?
The gold coversheet is sent to lawyer, you only get a copy of the RFE letter. You can still respond to RFE without this letter just make sure you provide all the details (Receipt number, Alien number, RFE refernce, copy of RFE) when responding to this RFE.
The gold coversheet is sent to lawyer, you only get a copy of the RFE letter. You can still respond to RFE without this letter just make sure you provide all the details (Receipt number, Alien number, RFE refernce, copy of RFE) when responding to this RFE.
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crystal
08-14 08:07 PM
They can study without any issue.They dont need any permission. Universersities allow to study on H4. Only thing is they cannot work like an F1-student.
Can H-4 holder (Dependent) can pursue higher studies in the US. Do we need any special permission from the USCIS ?
Any information will be highly appreciated. TIA
Can H-4 holder (Dependent) can pursue higher studies in the US. Do we need any special permission from the USCIS ?
Any information will be highly appreciated. TIA
more...
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realizeit
08-18 11:26 AM
Few months back, I used AC21 to move from my previous employer to current. Before doing that I contacted a senior attorney at murthy law firm with all my questions. You can take such an appointment with murthy law firm or other major law firms and ask your questions.
In my case, both titles are different: it changed somewhere from Programmer to Project Leader. Title does not matter. The job description should be similar and the job should fall into the same occupational classification - it need not be the exact same job code. As classification is very broad, you have the option of pretty wide job changing possibilities under the same classification. We can even take promotions using AC21, if the job classification is same.
So, please don't become a victim of those folks who advice you based on limited knowledge. Contact a reputed attorney for the right information. For me it costed $200 for a 20 minute appointment with a senior attorney at Murthy law firm.
Guys,
I need some urgent advice, I have pasted the below job title/description from my labor, and the new job opportunity which I have getting, can you please suggest if that would be a good idea to change job, and invoke AC21..
Description in Labor
Occupation Title in Labor - Comp. and Info. Systems Manager
Job Title - Information Technology Project Manager
Job Description in Labor:
Plan and direct information technology products and software application
development. Technical environment includes ERP/CRM: Oracle Applications, Web
Methods, Siebel, SAP, ABAP, People Soft; TIBCO, Informatica, Ab-Initio, Data
Staging, Quality Analysts, Business Analysts, Databases such as Oracle, SQL Server &
DB2 Languages, PL/SQL; XML, C#, .NET Framework, C++, development tools such as
Visual Basic, CICS,Weblogic and Websphere.
New Job
New Job Title - Lead Application Integration Specialist
Job Description:
Plan and direct information technology products and software application
development. Technical environment includes TIBCO, Java, XML, PL/SQL,Amberpoint, Business Analysts, Quality Analysts, Databases such as Oracle, Development tools like
Designer, Eclipse, Xml Spy
In my case, both titles are different: it changed somewhere from Programmer to Project Leader. Title does not matter. The job description should be similar and the job should fall into the same occupational classification - it need not be the exact same job code. As classification is very broad, you have the option of pretty wide job changing possibilities under the same classification. We can even take promotions using AC21, if the job classification is same.
So, please don't become a victim of those folks who advice you based on limited knowledge. Contact a reputed attorney for the right information. For me it costed $200 for a 20 minute appointment with a senior attorney at Murthy law firm.
Guys,
I need some urgent advice, I have pasted the below job title/description from my labor, and the new job opportunity which I have getting, can you please suggest if that would be a good idea to change job, and invoke AC21..
Description in Labor
Occupation Title in Labor - Comp. and Info. Systems Manager
Job Title - Information Technology Project Manager
Job Description in Labor:
Plan and direct information technology products and software application
development. Technical environment includes ERP/CRM: Oracle Applications, Web
Methods, Siebel, SAP, ABAP, People Soft; TIBCO, Informatica, Ab-Initio, Data
Staging, Quality Analysts, Business Analysts, Databases such as Oracle, SQL Server &
DB2 Languages, PL/SQL; XML, C#, .NET Framework, C++, development tools such as
Visual Basic, CICS,Weblogic and Websphere.
New Job
New Job Title - Lead Application Integration Specialist
Job Description:
Plan and direct information technology products and software application
development. Technical environment includes TIBCO, Java, XML, PL/SQL,Amberpoint, Business Analysts, Quality Analysts, Databases such as Oracle, Development tools like
Designer, Eclipse, Xml Spy
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saimrathi
07-11 02:55 PM
I'm sure there may be a lot of immigrants in CA due to the IT sector..
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up_guy
02-22 10:05 AM
My husband is working on H-1 B and his I -140 is approved and I am on H-4 visa. I am trying to get in US medical residency and most likely I will get J-1 visa
I have following questions -
1) Do I qualify for non-immigrant, J-1 visa considering my husband's I-140 approval? Would his I-140 approval not have my name associated to it ?
2) Once I accept J-1 visa, would I be able to file I-485 when my husband's PD will be current?
3) If I decide to quit residency after few months/year to file, would I be able to convert my J-1 visa to H-4 visa again?
4) After converting H-4 visa would I be able to file I-485 once my husband's date is current?
5) How difficult or easy is to get J-1 wavier
Thanks in advance for your replied
I have following questions -
1) Do I qualify for non-immigrant, J-1 visa considering my husband's I-140 approval? Would his I-140 approval not have my name associated to it ?
2) Once I accept J-1 visa, would I be able to file I-485 when my husband's PD will be current?
3) If I decide to quit residency after few months/year to file, would I be able to convert my J-1 visa to H-4 visa again?
4) After converting H-4 visa would I be able to file I-485 once my husband's date is current?
5) How difficult or easy is to get J-1 wavier
Thanks in advance for your replied
xgoogle
06-25 10:52 AM
Thanks so much for clearing our doubts.
SK2007
10-04 04:00 PM
Has anyone been to the Mumbai consulate for stamping
Can you let me know the process?
Also website where I can get more info?
Is this a drop docs at embassy .. and they mail it to you kind of thing?
Thanks
V
Couple of weeks ago, a friend of mine went for visa revalidation at Mumbai, he requested if he can come back in the evening and pick up the passports(all family). He was let come in the evening and pick them up.
Can you let me know the process?
Also website where I can get more info?
Is this a drop docs at embassy .. and they mail it to you kind of thing?
Thanks
V
Couple of weeks ago, a friend of mine went for visa revalidation at Mumbai, he requested if he can come back in the evening and pick up the passports(all family). He was let come in the evening and pick them up.