logiclife
07-21 02:57 PM
The name of the lawyer we have talked to before is Joe Hohenstein.
See more details here: http://immigrationvoice.org/forum/showthread.php?t=1088
See more details here: http://immigrationvoice.org/forum/showthread.php?t=1088
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palemguy
09-16 12:15 PM
I am thinking that USCIS will initiate name check proess only after we give fingerprints. Is this true?
meridiani.planum
07-13 12:32 PM
Folks,
Please advise if you have any knowledge on the issue. Also, I am aware that I will need to take a good lawyer advise on this but what I looking for is your take.
Background:
During July'07 fiasco I was able to submit my first 485 application on the 07/02/07 itself. Because of the volume of applications received, USICS was taking a long time to issue receipts. Since we all were hearing stories of applications getting lost or returned or denied for not explicit reason and I was afraid that this window of opportunity may not open for a very long time, I decided to re-file my 485 application based on the same I-140 on Aug 10th, just days before the window closing. Both applications were filed at Nebraska Service Center.
In September 2007 USCIS issued me the receipt notice for the first application. So I decided to put a stop payment on the second application, in the hope that my second application will be rejected without prejudice. That did not happen. I got a letter from USICS threatening me to adversely affect all my future 485 applications. So I paid. A different A# was issued to me for my second application. (So I have two A#s now) Also, per their website, my receipt date for the second application is the date they received the corrected payment, which is some time in late November.
Now, my priority date is current. I am thinking of taking one of the following actions. Please advise, what should be an appropriate course of action.
a) Do Nothing as I might get my first 485 will adjudicated before they start working on the second application, whose receipt date is sometime in November.
b) Send a letter to USICS requesting them to withdraw my application (Please advise what reason should I state)
I am afraid to choose option 2 as they might send my application for some sort of reconciliation.
Thanks
Sunny
talk to an attorney.
I have a similar problem with 2 485s, one as primary, one as dependent. The PDs are 18 months apart, and both are not going to be current in August. Had ending up filing both in the July fiasco because both attorneys were dillydallying on filing and we were hoping atleast one gets through, now both did.
My attorney is now advising me NOT to withdraw one on my own, because USCIS in its own confusion might end up withdrawing BOTH petitions. This also happened to someone recently on the forum (I-140 in one case got denied, and all four 485s were denied, without USCIS realizing that 2 were tied to another I-140 which is still around). He believes we will either get an approval outright and the second petition will be automatically nullified, or we'll get an RFE.
Please advise if you have any knowledge on the issue. Also, I am aware that I will need to take a good lawyer advise on this but what I looking for is your take.
Background:
During July'07 fiasco I was able to submit my first 485 application on the 07/02/07 itself. Because of the volume of applications received, USICS was taking a long time to issue receipts. Since we all were hearing stories of applications getting lost or returned or denied for not explicit reason and I was afraid that this window of opportunity may not open for a very long time, I decided to re-file my 485 application based on the same I-140 on Aug 10th, just days before the window closing. Both applications were filed at Nebraska Service Center.
In September 2007 USCIS issued me the receipt notice for the first application. So I decided to put a stop payment on the second application, in the hope that my second application will be rejected without prejudice. That did not happen. I got a letter from USICS threatening me to adversely affect all my future 485 applications. So I paid. A different A# was issued to me for my second application. (So I have two A#s now) Also, per their website, my receipt date for the second application is the date they received the corrected payment, which is some time in late November.
Now, my priority date is current. I am thinking of taking one of the following actions. Please advise, what should be an appropriate course of action.
a) Do Nothing as I might get my first 485 will adjudicated before they start working on the second application, whose receipt date is sometime in November.
b) Send a letter to USICS requesting them to withdraw my application (Please advise what reason should I state)
I am afraid to choose option 2 as they might send my application for some sort of reconciliation.
Thanks
Sunny
talk to an attorney.
I have a similar problem with 2 485s, one as primary, one as dependent. The PDs are 18 months apart, and both are not going to be current in August. Had ending up filing both in the July fiasco because both attorneys were dillydallying on filing and we were hoping atleast one gets through, now both did.
My attorney is now advising me NOT to withdraw one on my own, because USCIS in its own confusion might end up withdrawing BOTH petitions. This also happened to someone recently on the forum (I-140 in one case got denied, and all four 485s were denied, without USCIS realizing that 2 were tied to another I-140 which is still around). He believes we will either get an approval outright and the second petition will be automatically nullified, or we'll get an RFE.
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gc28262
05-30 12:26 PM
http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965
Eventually this bill introduced that 7% per country cap
Here is the proof that country cap is racially motivated. I can't believe that Ted Kennedy was behind this.
During debate on the Senate (http://en.wikipedia.org/wiki/United_States_Senate) floor, Kennedy, speaking of the effects of the act, said, "First, our cities will not be flooded with a million immigrants annually. Under the proposed bill, the present level of immigration remains substantially the same.... Secondly, the ethnic mix of this country will not be upset.... Contrary to the charges in some quarters, [the bill] will not inundate America with immigrants from any one country or area, or the most populated and deprived nations of Africa and Asia.... In the final analysis, the ethnic pattern of immigration under the proposed measure is not expected to change as sharply as the critics seem to think.... The bill will not flood our cities with immigrants. It will not upset the ethnic mix of our society. It will not relax the standards of admission. It will not cause American workers to lose their jobs."[2] (http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965#cite_note-1) The act's supporters not only claimed the law would not change America's ethnic makeup, but that such a change was not desirable.[1] (http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965#cite_note-.2770s_268-0)
Eventually this bill introduced that 7% per country cap
Here is the proof that country cap is racially motivated. I can't believe that Ted Kennedy was behind this.
During debate on the Senate (http://en.wikipedia.org/wiki/United_States_Senate) floor, Kennedy, speaking of the effects of the act, said, "First, our cities will not be flooded with a million immigrants annually. Under the proposed bill, the present level of immigration remains substantially the same.... Secondly, the ethnic mix of this country will not be upset.... Contrary to the charges in some quarters, [the bill] will not inundate America with immigrants from any one country or area, or the most populated and deprived nations of Africa and Asia.... In the final analysis, the ethnic pattern of immigration under the proposed measure is not expected to change as sharply as the critics seem to think.... The bill will not flood our cities with immigrants. It will not upset the ethnic mix of our society. It will not relax the standards of admission. It will not cause American workers to lose their jobs."[2] (http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965#cite_note-1) The act's supporters not only claimed the law would not change America's ethnic makeup, but that such a change was not desirable.[1] (http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965#cite_note-.2770s_268-0)
more...
chantu
01-15 11:16 AM
I have one question that I will post here. I do not want to open a new thread.
I am inviting my in-laws and I filled their DS156 forms online. After filling everything, it generated the pdf file of DS156. In that pdf file, there is one section in upper right hand corner called "DO NOT WRITE IN THIS SPACE". Under that section there is a line (fill in the blanks type) starting with "On ______ by _____ under section 214(b) 221(g) ".
Now after generating the pdf, the appointment date was automatically put into this section. Example: "On 01 January 2009 by ......".
I am worried why they put the date there and the date was not there when I took appointment for my parents. I also checked my collegues parents DS156, and the date was still not there. It is Mumbai consulate.
Can somebody please confirm if they had similar experience and they got their parent's or in-laws visa granted??
Thanks.
I am inviting my in-laws and I filled their DS156 forms online. After filling everything, it generated the pdf file of DS156. In that pdf file, there is one section in upper right hand corner called "DO NOT WRITE IN THIS SPACE". Under that section there is a line (fill in the blanks type) starting with "On ______ by _____ under section 214(b) 221(g) ".
Now after generating the pdf, the appointment date was automatically put into this section. Example: "On 01 January 2009 by ......".
I am worried why they put the date there and the date was not there when I took appointment for my parents. I also checked my collegues parents DS156, and the date was still not there. It is Mumbai consulate.
Can somebody please confirm if they had similar experience and they got their parent's or in-laws visa granted??
Thanks.
IAspire
02-21 12:09 AM
Please help....
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moclutch
09-30 04:22 AM
There was no move for Nebraska I-140 EB3 category.
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msyedy
12-29 05:55 PM
After 6 months of EAD a person can change jobs, but his hiring company should give him the same title in which his application for a GC is filed.
(Same title and should be able to show that the company can pay him the pw)
So working for your own company after 6 months of EAD is kind of risk.You can work for a friend's company who can support you.
Please consult your lawyer.....
always seek legal advice.
(Same title and should be able to show that the company can pay him the pw)
So working for your own company after 6 months of EAD is kind of risk.You can work for a friend's company who can support you.
Please consult your lawyer.....
always seek legal advice.
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iv_only_hope
01-11 11:15 AM
Yes. I will look into local and state chapter over the weekend. Thanks. If I have to go down, will go with a fight.
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JunRN
12-17 06:22 PM
No, it's not but you will get in trouble if you don't.
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vjkypally
08-07 11:55 AM
Can we remove this now tht we have had our laughs:) this way we know when the real one comes out:)))
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msyedy
03-28 11:13 AM
You may have submitted your papers in Jan 2007 but make sure your lawyer forwarded it in Jan 2007. Check for the date Received on the approval notice.
If you filed it in January you should have a reciept document which should be a date before your old H1-B of 5th feb expires, if you have this you are not considered out of status.
As someone sujested there may be a typo or the I-129 was filed incorrectly or these USCIS people did not really look into the case properly.
Your lawyer can follow up with that reciept notice and H1-B approval and correct the error.
Dont' Worry, you are safe. Yell at your lawyer if it is his mistake. These lawyers are so untrust worthy these days, they are becomming more money minded.
Issues have happened with many of my friends.
If you filed it in January you should have a reciept document which should be a date before your old H1-B of 5th feb expires, if you have this you are not considered out of status.
As someone sujested there may be a typo or the I-129 was filed incorrectly or these USCIS people did not really look into the case properly.
Your lawyer can follow up with that reciept notice and H1-B approval and correct the error.
Dont' Worry, you are safe. Yell at your lawyer if it is his mistake. These lawyers are so untrust worthy these days, they are becomming more money minded.
Issues have happened with many of my friends.
more...
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Ann Ruben
07-22 12:57 PM
You are getting mixed info because, USCIS has failed to provide guidance specific to the issue of the continued validity of an approved, but withdrawn/revoked I-140 for purposes of the three year H-1 extension. However, USCIS guidance on related issues strongly supports your eligibility for at least a one year, and probably a three year H extension. (Nevertheless, to be safe, you should also apply to renew your EAD if it has expired.)
If your employer had not withdraw the I-140, it is clear from USCIS memos and guidance that you would be entitled to an extension beyond six years to work for another employer:
"Question 7. Should service centers or district offices deny a request for an H-1B extension
beyond the 6-year limit where the labor certification or immigrant petition from an
employer who is not the H-1B petitioner was filed for the beneficiary more than 365 days
ago?
Answer: No. The statute does not require that the labor certification or immigrant petition must be
from the same employer requesting the H-1B extension."
Michael Aytes
December 27, 2005
HQPRD 70/6.2.8-P
USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c)
Extrapolating from these two statements, and in the absence of any contray written policy, your petition for extension of H status should be approved. Given your experience (congratulations on obtaining the MTR approval!), you probably understand that USCIS decisions can be unpredictable---this is especially true where, as here, no specific written policy exists.
Both the I-140 approval notice and your I-485 rec't notice should be submitted with the petition for the H extension. Whether you are more likely to trigger an RFE by also submitting the decision granting the MTR, as opposed to not mentioning the MTR is a judgment call. I would probably chose to include the MTR decision as long as it does not contain any incorrect or problematic statements.
Hope this is helpful.
If your employer had not withdraw the I-140, it is clear from USCIS memos and guidance that you would be entitled to an extension beyond six years to work for another employer:
"Question 7. Should service centers or district offices deny a request for an H-1B extension
beyond the 6-year limit where the labor certification or immigrant petition from an
employer who is not the H-1B petitioner was filed for the beneficiary more than 365 days
ago?
Answer: No. The statute does not require that the labor certification or immigrant petition must be
from the same employer requesting the H-1B extension."
Michael Aytes
December 27, 2005
HQPRD 70/6.2.8-P
USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c)
Extrapolating from these two statements, and in the absence of any contray written policy, your petition for extension of H status should be approved. Given your experience (congratulations on obtaining the MTR approval!), you probably understand that USCIS decisions can be unpredictable---this is especially true where, as here, no specific written policy exists.
Both the I-140 approval notice and your I-485 rec't notice should be submitted with the petition for the H extension. Whether you are more likely to trigger an RFE by also submitting the decision granting the MTR, as opposed to not mentioning the MTR is a judgment call. I would probably chose to include the MTR decision as long as it does not contain any incorrect or problematic statements.
Hope this is helpful.
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ibmguy
04-07 04:48 PM
I'm in my 9th year of H1B which is going to expire in about six months. My employer is suggesting to extend H1B and not use or extend EAD. Based on your experience and knowledge please post your advise. If a post like this already exists, please point me to that. I could not find one easily. Thanks a lot.
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forgerator
05-20 10:15 PM
Here are my thoughts about this so called Conversation:
the topic of discussion will be - how to get illegals a greencard in a quick/fair manner. Any discussion of legal non-immigrants and pains they have to go through in the current EB2/EB3/Visa stamp topics will be considered taboo.
It's sad but inevitable. Illegals are potentially in a better position to get greencard than legals like us.
the topic of discussion will be - how to get illegals a greencard in a quick/fair manner. Any discussion of legal non-immigrants and pains they have to go through in the current EB2/EB3/Visa stamp topics will be considered taboo.
It's sad but inevitable. Illegals are potentially in a better position to get greencard than legals like us.
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jgh_res
06-22 11:22 AM
Download trial version of Adobe Acrobat professional and you can very well save it.
Please help...
It is not possible to save any information on PDF forms if need to correct anything later..
Any idea how to save data on all the forms...
Please help...
It is not possible to save any information on PDF forms if need to correct anything later..
Any idea how to save data on all the forms...
more...
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skumar9
10-23 03:39 PM
Hi all,
Is there anyone who is attending in Nogales for H1b Stamping on Nov 3rd 2008, please reply,,, we shall meet..sree_us9@yahoo.com
Thank You...
Is there anyone who is attending in Nogales for H1b Stamping on Nov 3rd 2008, please reply,,, we shall meet..sree_us9@yahoo.com
Thank You...
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stemcell
04-05 10:07 AM
Used FHA loan.
Closed on Feb 26 with Coldwell Banker.
didnt have issues regards my H1B status.
Closed on Feb 26 with Coldwell Banker.
didnt have issues regards my H1B status.
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chakrijs
02-15 01:07 AM
Hello All
I have a question concerning my EAD.Company A applied for my H-1B After an year I have trfd my H-1 to company B and I have been working with company B for the past 2yrs 10 months.My H-1 b is due to expire in feb 2009.Company B Applied for my green card also. I-140 approved in November 2007.I got EAD in oct 2007 and has a valid EAD up to aug 2010.technically I am on EAD since I entered the country on advance parole.Now my company is going to renew my H-1 B .In light of the bill that has been passed which doesnot allow forfresh H-1 B as well as H-1 B renewals,what happens to my EAD if my H-1 renewal petetion gets denied?Does denial of non immigrant petetion leads to denial of immigrant visa (i.e pending adjustment of status).What happens to my EAD.I am worried a lot.Pls advice?Should I request my company to stop the renewal process so that I can stay on EAD only.
I have a question concerning my EAD.Company A applied for my H-1B After an year I have trfd my H-1 to company B and I have been working with company B for the past 2yrs 10 months.My H-1 b is due to expire in feb 2009.Company B Applied for my green card also. I-140 approved in November 2007.I got EAD in oct 2007 and has a valid EAD up to aug 2010.technically I am on EAD since I entered the country on advance parole.Now my company is going to renew my H-1 B .In light of the bill that has been passed which doesnot allow forfresh H-1 B as well as H-1 B renewals,what happens to my EAD if my H-1 renewal petetion gets denied?Does denial of non immigrant petetion leads to denial of immigrant visa (i.e pending adjustment of status).What happens to my EAD.I am worried a lot.Pls advice?Should I request my company to stop the renewal process so that I can stay on EAD only.
yestogc
05-31 05:06 PM
sorry.............
Will Obama Follow his footsteps ?
Will Obama Follow his footsteps ?
psaxena
06-25 02:00 PM
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