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sunty
11-05 03:37 PM
You are not as bad as you think. Read USCIS guidance on the subject. If your I-140 is not approved by 180 days, you can still use AC21. In that case, the adjudicator while looking at your I-485, sees if filed I-140 was approvable. If so, you are good to go, provided you can prove that you have a new same/similar job offer.
For USCIS guidance see Page 3, Q1 at: http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
Thanks jsb....I didn't know this....But I think its still better if I wait for 140 approval...Then atleast one other uncertainty will be removed from my GC journey...Hopefully it would only take a month or two more than normal processing time for my 140...If it gets delayed further, then I might use it anyways..It's nice to know though that I have an option..Thanks again
For USCIS guidance see Page 3, Q1 at: http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
Thanks jsb....I didn't know this....But I think its still better if I wait for 140 approval...Then atleast one other uncertainty will be removed from my GC journey...Hopefully it would only take a month or two more than normal processing time for my 140...If it gets delayed further, then I might use it anyways..It's nice to know though that I have an option..Thanks again
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martinvisalaw
09-23 03:34 PM
Is it possible for my employer to file for my H1b, and I can find another lawyer on my own to file for my Wife's H4? I think my employer isn't really willing to file for my wife from his tone....
This is possible, although unusual.
he said he will file it next month, but will petition for my H1b to validate in June next year (when my OPT ends, my H1b will validate the next day). in this case, when can i start the petition for my wife if she is in F1 after i got my H1b 3, 4 months from now(but won't be validated till June next year)?
The employer cannot request a H-1B change of status start date more than 6 months ahead of the filing. Maybe they plan to apply for you as a "notify", meaning the H-1B won't automatically take effect, but will only start when you leave the US and re-enter in H-1B status. That's the only way to get a H-1B to start more than 6 months ahead. If it is a "notify" filing, your wife cannot file anything until you "activate" your H-1B status.
I am filing for her F-2 next month, I seriously doubt by the time i file for her H4, her F-2 will be in the mail. should i wait for the F-2 to be approved then start petition for H4?
First - she files the F-2 and H-4 applications, not you. She can only request a change to H-4 status after you activate your H-1B, if it approved as a notify as explained above. If the employer is filing as an automatic change of status, she should request the H-4 change with you. She will not be eligible for F-2 status after your F-1 ends.
This is possible, although unusual.
he said he will file it next month, but will petition for my H1b to validate in June next year (when my OPT ends, my H1b will validate the next day). in this case, when can i start the petition for my wife if she is in F1 after i got my H1b 3, 4 months from now(but won't be validated till June next year)?
The employer cannot request a H-1B change of status start date more than 6 months ahead of the filing. Maybe they plan to apply for you as a "notify", meaning the H-1B won't automatically take effect, but will only start when you leave the US and re-enter in H-1B status. That's the only way to get a H-1B to start more than 6 months ahead. If it is a "notify" filing, your wife cannot file anything until you "activate" your H-1B status.
I am filing for her F-2 next month, I seriously doubt by the time i file for her H4, her F-2 will be in the mail. should i wait for the F-2 to be approved then start petition for H4?
First - she files the F-2 and H-4 applications, not you. She can only request a change to H-4 status after you activate your H-1B, if it approved as a notify as explained above. If the employer is filing as an automatic change of status, she should request the H-4 change with you. She will not be eligible for F-2 status after your F-1 ends.
new2gc
02-16 01:56 PM
These time- pass threads are better than EB2 Vs EB3 threads.
If you are passing time on IV website...sorry.. either you may be a dumb .... who doesn't know what mess you are in (per your id EB3-Nov5) or an even more dumb anti guy...it is as simple as that... Since you are ignorant..I don't want to argue any further with you...
If you are passing time on IV website...sorry.. either you may be a dumb .... who doesn't know what mess you are in (per your id EB3-Nov5) or an even more dumb anti guy...it is as simple as that... Since you are ignorant..I don't want to argue any further with you...
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p_aluri
03-28 07:32 PM
I agree with you. I am not able to access donor forums.I've contributed in the past. Even I've sent an email through contact us link, still no luck. "Administrator2" gave a good explaination about the Donar status. I am not looking for "Donor" status, all I am looking for is accessing the donor forums.
I wanted to find out if the past donations made by people like me are good enough to get us donor status. But I have only landed with circuitous answers to this issue.
Honestly, I couldn't give less tail about the donor status. What I really care about is being up-to-date with what is happening so that I can lend a helping hand in ways I can.
It seems like maybe some action is going down in the donor forums and ppl like us are left to wonder what is up. I don't think anyone cares to even post updates,albeit delayed, in the open forums about what is happening. It is just making for a really dry experience with IV lately.
What gives?
I wanted to find out if the past donations made by people like me are good enough to get us donor status. But I have only landed with circuitous answers to this issue.
Honestly, I couldn't give less tail about the donor status. What I really care about is being up-to-date with what is happening so that I can lend a helping hand in ways I can.
It seems like maybe some action is going down in the donor forums and ppl like us are left to wonder what is up. I don't think anyone cares to even post updates,albeit delayed, in the open forums about what is happening. It is just making for a really dry experience with IV lately.
What gives?
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Administrator2
01-26 10:59 AM
I would also like to suggest to display complete heading in the "Recent forum posts" section.
Thanks casinoroyale, this is a good idea. Will make the change to display complete heading in the 'Recent forum posts' when you scroll your mouse on top of the heading of the post of the homepage.
Thanks casinoroyale, this is a good idea. Will make the change to display complete heading in the 'Recent forum posts' when you scroll your mouse on top of the heading of the post of the homepage.
vicks_don
01-23 08:22 AM
You guys are great Leaders...
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chanduv23
04-18 10:40 PM
Folks here is the deal.
A lot of people are getting denials and forced to apply for MOTIC. It could be various factors.
As USCIS is doing background processing on cases trying to preprocess cases even if priority dates are not current there seems to be cases where people are getting denials when RFEs are supposed to be sent.
Things that trigger a denial in a straightforward case
(1) July 2007 filers - those who filed in August 2007 (the filing was open till August 17th)
(2) Immigration medicals - if not included - USCIS sent a circular that people can apply without medicals and will be later requested via RFE
(3) AC21 - employer revoke 140
None of the above should trigger a denial but looks like they are triggering a denial.
It could be that there is pressure to reduce backlog as economy is not good and we all know that immigrants are scapegoats in such situations.
It could also be a training issue for new staff.
As they are trying tom speed up processing - all they might be doing is - look at the file - if something is missing or something is not right - immediately deny the case.
MTRs should resolve these cases but it is a waste of money and unnecessary tension.
A lot of people are getting denials and forced to apply for MOTIC. It could be various factors.
As USCIS is doing background processing on cases trying to preprocess cases even if priority dates are not current there seems to be cases where people are getting denials when RFEs are supposed to be sent.
Things that trigger a denial in a straightforward case
(1) July 2007 filers - those who filed in August 2007 (the filing was open till August 17th)
(2) Immigration medicals - if not included - USCIS sent a circular that people can apply without medicals and will be later requested via RFE
(3) AC21 - employer revoke 140
None of the above should trigger a denial but looks like they are triggering a denial.
It could be that there is pressure to reduce backlog as economy is not good and we all know that immigrants are scapegoats in such situations.
It could also be a training issue for new staff.
As they are trying tom speed up processing - all they might be doing is - look at the file - if something is missing or something is not right - immediately deny the case.
MTRs should resolve these cases but it is a waste of money and unnecessary tension.
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HRPRO
05-05 10:11 AM
Thank you. I will give it a try.
so my question is, AP is needs be to on hand and how do they know that she has it on hand since it was approved and sent on Apr 8th according to the email.
We can even say yes she had it but lost it over there so i mail her the document. right?
Once AP is approved, you can travel and have someone here send it to you. I have personally done that without a problem. I left the country and a friend of mine brought the document. A couple of my other friends followed my example, travelled without the document in hand and none of us have had a problem.
so my question is, AP is needs be to on hand and how do they know that she has it on hand since it was approved and sent on Apr 8th according to the email.
We can even say yes she had it but lost it over there so i mail her the document. right?
Once AP is approved, you can travel and have someone here send it to you. I have personally done that without a problem. I left the country and a friend of mine brought the document. A couple of my other friends followed my example, travelled without the document in hand and none of us have had a problem.
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reddog
03-09 11:22 AM
I think she need to fill I-9 form to switch to EAD and thus switching out of H1.
Right now she is on H1 as well as AOS.
incorrect thought.
I-9 is a Employment Eligibility Verification form that stays with the Employer.
She is considered to be on an AOS status. nothing to be done.
Right now she is on H1 as well as AOS.
incorrect thought.
I-9 is a Employment Eligibility Verification form that stays with the Employer.
She is considered to be on an AOS status. nothing to be done.
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wait4ever
11-21 11:58 AM
Don't hide anonymously like a Turkey. Eat Turkey (Fight for your cause)
Happy Thanksgiving
Bush just pardoned a Turkey - that Turkey could be a GC Holder very fast !!;) - I understand that it is headed to Baltimore - can the Balitmore chapter use it as a mascot ? !!!
Happy Thanksgiving
Bush just pardoned a Turkey - that Turkey could be a GC Holder very fast !!;) - I understand that it is headed to Baltimore - can the Balitmore chapter use it as a mascot ? !!!
more...
Morty
04-19 01:45 AM
My pleasure. MOTIC will resolve your issue. Your lawyer will manage it. Good luck.
What does MOTIC means? Thanks in advance for your reply...
What does MOTIC means? Thanks in advance for your reply...
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perm2gc
09-07 09:41 AM
Dont Advertise on the board and we are not doing call center jobs here to learn american accent.
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gcdeena
01-29 03:13 PM
try POJO method to reach IO. You can find in "n" number of threads to reach IO based upon your service center. but it's based on your luck to get polite and cordial IO. Try multiple times and speak politely.
Posting this info. provided by some one in this forum long time back.
Call 1-800-375-5283
Press 1 to select English
Press 2 to skip introduction
Press 2
Press 6 to find case status information
Press 1
Now enter your receipt number SRCxxxxxxxxxx
Voice asks if SRC press 1
Then reads out application number, if correct, press 1 (now listen to the case update info..blah blah)
Part way through the blah blah press 3
Wait a moment and press 4
(now if you hear a male voice telling you that no IO is available, it will redirect it to National Customer Service Center (NCSC) you can cut the phone.. and try the same steps)
You should hear "You have reached the TSC of USCIS�" OTHERWISE you have been bounced to NCSC. NCSC only sees what you see when you login to check case status at https://egov.uscis.gov/cris/jsps/index.jsp i.e. you will not get any useful information out of them.
Once you get an IO, be very polite, and take notes for your records. Ask them for their badge number. That way you can reference each conversation by date and the badge number of the IO.
Some of the standard questions:
1) Name check Status ?
2) Background Check Status ?
3) Has it been assigned to an officer ?
4) When can I expect to get some updates on my case ?
5) Can you help me with a ball park date on when my case will be assigned to an officer?
Ofcourse, we all are aware of the standard response we get.
Posting this info. provided by some one in this forum long time back.
Call 1-800-375-5283
Press 1 to select English
Press 2 to skip introduction
Press 2
Press 6 to find case status information
Press 1
Now enter your receipt number SRCxxxxxxxxxx
Voice asks if SRC press 1
Then reads out application number, if correct, press 1 (now listen to the case update info..blah blah)
Part way through the blah blah press 3
Wait a moment and press 4
(now if you hear a male voice telling you that no IO is available, it will redirect it to National Customer Service Center (NCSC) you can cut the phone.. and try the same steps)
You should hear "You have reached the TSC of USCIS�" OTHERWISE you have been bounced to NCSC. NCSC only sees what you see when you login to check case status at https://egov.uscis.gov/cris/jsps/index.jsp i.e. you will not get any useful information out of them.
Once you get an IO, be very polite, and take notes for your records. Ask them for their badge number. That way you can reference each conversation by date and the badge number of the IO.
Some of the standard questions:
1) Name check Status ?
2) Background Check Status ?
3) Has it been assigned to an officer ?
4) When can I expect to get some updates on my case ?
5) Can you help me with a ball park date on when my case will be assigned to an officer?
Ofcourse, we all are aware of the standard response we get.
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minimalist
10-22 04:55 PM
Admin2 - thank u much for your motivation. I do understand IV is doing great work but if you can shed some light on whats going on behind the scenes, it you really help me decide on many things. One of the thing, my lawyer is recommending is to initiate porting to EB-2 which I understand may take anywhere around 18 mnths if all goes well...
If they can be shared with everyone, I am sure they would. But, if I were you and have an option to port to EB2, I 'd probably do that.
If porting going to cost you,you may want to wait till Jan , which is only 3 months away.
If they can be shared with everyone, I am sure they would. But, if I were you and have an option to port to EB2, I 'd probably do that.
If porting going to cost you,you may want to wait till Jan , which is only 3 months away.
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desi3933
09-25 02:28 PM
My H1B expired in April 2008. My company is not willing to extend H1B any more due to the reason that I got EAD and I-140 approved and pending 485. Is it possible to get H1B extension from current or future company based on approved I-140? Or Is it too late?
You might wondering why do I need H1B now. I am not sure why I need H1B. Some of my friends who had trouble in their I-140/485 were able to survive with H1B. So, it looks like it is better to have dual. H1B and EAD.
Please advise.
You are eligible for H1 extension, though you may need visa stamp and re-entry to be back in H1 status. In such cases, one gets H1 extension approval without new I-94. That's why person needs to get new stamp and re-entry.
*** Not a legal advise ***
____________________________________
Proud Indian-American and Legal Immigrant
You might wondering why do I need H1B now. I am not sure why I need H1B. Some of my friends who had trouble in their I-140/485 were able to survive with H1B. So, it looks like it is better to have dual. H1B and EAD.
Please advise.
You are eligible for H1 extension, though you may need visa stamp and re-entry to be back in H1 status. In such cases, one gets H1 extension approval without new I-94. That's why person needs to get new stamp and re-entry.
*** Not a legal advise ***
____________________________________
Proud Indian-American and Legal Immigrant
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greenguru
06-13 11:52 AM
A similar situation happened to a friend of mine. It is very easy, talk to a good lawyer and you should have them very soon..
My friend got the green card in 3 months.
Cheers,
My friend got the green card in 3 months.
Cheers,
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sertasheep
04-11 04:38 PM
Bumping this thread. Only a handful have sent an email to us. Other folks, please consider volunteering
Ragz,
I'm working with the WA state moderator(Raj). I'd be glad to help you in anyway I can. you will have my contact details in my profile.
Regards
Ragz,
I'm working with the WA state moderator(Raj). I'd be glad to help you in anyway I can. you will have my contact details in my profile.
Regards
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rbalaji5
10-16 07:01 PM
Wish you & your family a very very happy, healthy, recession free and prosperous Deepawali !!!
Sorry IV-ians -Story deleted due to bad comments.
Sorry IV-ians -Story deleted due to bad comments.
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shana04
07-31 12:40 PM
Gurus,
I know most of you might be busy looking for the bill.
Please post your exp with infopass in Dallas TX
I know most of you might be busy looking for the bill.
Please post your exp with infopass in Dallas TX
snathan
02-17 11:28 PM
You are in H-1 status now as you applied for COS from H4 to H-1. So I am not sure if going for H4 stamping is still an option for you. I will let others weighin on this one.
Do you have AP instead? You can always come back on AP, doing so will not invalidate your H-1
I am not sure, if this is true. I knew couple of people got H1 approved and never start working. They remained only in status H4.
So check with attorney.
Do you have AP instead? You can always come back on AP, doing so will not invalidate your H-1
I am not sure, if this is true. I knew couple of people got H1 approved and never start working. They remained only in status H4.
So check with attorney.
gopikrishnayr
09-07 10:03 AM
Thanks for the advices. I was more worried about any negative issues on my current 485 if I block the payment on my second set of checks. I think USCIS also will be fined if the checks bounce. I called customer support and they told me that the money would not be refundable but you can withdraw your application by writing a letter.
If I do not block my checks my worry is that it might create duplicate cases.
Yes in my second set of application I did mention the reason why I am filing the second time
Hopefully their system will block the entry of my application
If I do not block my checks my worry is that it might create duplicate cases.
Yes in my second set of application I did mention the reason why I am filing the second time
Hopefully their system will block the entry of my application
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