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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Lasantha
02-20 01:53 PM
If the underlying I-140 for your 485 is from company A, then it's a different story. I think then you are OK. Are you sure that CIS accepted the old I-140 as the basis for your 485?
But like everyone else here said, please check with your attorney. AC-21 is confusing as it is and the compliactions in your situation do not make it easy.
Also be ready for RFEs.
I do have copy of approved I-140 from company A and asked for the old priority dates on Old I-140 when applied for new I-140. Not sure if it matters
But like everyone else here said, please check with your attorney. AC-21 is confusing as it is and the compliactions in your situation do not make it easy.
Also be ready for RFEs.
I do have copy of approved I-140 from company A and asked for the old priority dates on Old I-140 when applied for new I-140. Not sure if it matters
sanjeev_2004
02-16 11:05 PM
AOS or Consular Processing, PD will hold you.
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kevinkris
03-05 02:20 PM
They will apply for H1 again in 2010, but good news is you will not be in 65k cap.
They can apply anytime and get a fresh H1.
That i what i think.
They can apply anytime and get a fresh H1.
That i what i think.
more...
roseball
11-26 05:28 PM
Today when I looked the I-485 status I found the status changed to card production ordered. I'm traveling to India on 1st Dec (coming saturday). It is a business trip and I'm unable to postpone it. My attorney says If I travel now, they will consider the GC abandoned. Is this true?? I have an approve AP with me. I also planned to stamp my H1B visa in India. What a confusion!
Gurus please give your thoughts.
Anil
As far as I know, if you re-enter using AP, you should just be fine..I would not get the H1B stamp and enter on H1....
Gurus please give your thoughts.
Anil
As far as I know, if you re-enter using AP, you should just be fine..I would not get the H1B stamp and enter on H1....
meridiani.planum
11-12 02:26 PM
6months is to comply with AC21. I donot recall any one saying wait xyz time to switch after you get a GC.
Its indeed a bit of a grey area, though lawyers say stick for 6 more months to be conservative. See:
MurthyDotCom : 485 FAQs (http://www.murthy.com/485faq.html#13)
How soon can I leave the employer after I get my GC - ImmigrationPortal Forums (http://forums.immigration.com/blog.php?bt=668)
Its indeed a bit of a grey area, though lawyers say stick for 6 more months to be conservative. See:
MurthyDotCom : 485 FAQs (http://www.murthy.com/485faq.html#13)
How soon can I leave the employer after I get my GC - ImmigrationPortal Forums (http://forums.immigration.com/blog.php?bt=668)
more...
bbenhill
10-06 08:29 PM
^^^^
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thomachan72
11-06 05:02 PM
#1 - If a suitable USC, LPR responds your PERM advert then you can not move forward with PERM labor processing. When the job market is good, number of people responding to the advert will low, so it increases the chances for you.
#2 & 3 - You can have N number of employers file the PERM labor for you, it is a future job - you do not have to join them unti the green card is approved.
#4 - As long is your labor is pendingfor more than 365 days, you can extend your H1B by 1 year until it is approved or declined.
#5 - First, only your employer can file a 140 petition on behalf of you. Second, You can not use employer X's labor to file 140 with employer Y. Third, Once your 140 is approved, the PD is yours keep and port as long as it not revoked or withdrawn before you opt for porting.
In your case since H1b ends sept 2011, you have to apply perm atleast by august 2010.
#2 & 3 - You can have N number of employers file the PERM labor for you, it is a future job - you do not have to join them unti the green card is approved.
#4 - As long is your labor is pendingfor more than 365 days, you can extend your H1B by 1 year until it is approved or declined.
#5 - First, only your employer can file a 140 petition on behalf of you. Second, You can not use employer X's labor to file 140 with employer Y. Third, Once your 140 is approved, the PD is yours keep and port as long as it not revoked or withdrawn before you opt for porting.
In your case since H1b ends sept 2011, you have to apply perm atleast by august 2010.
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roseball
01-30 03:12 PM
I checked online for my daughter's 485 and it shows approved and document(possibly GC):eek: mailed on 12 Jan. But my status shows RFE stage. Another interesting thing is my daughter got fingerprinting for Jan 15. She has already done fingerprinting with us in Dec 07. Even if it was to be approved for my daughter how it can happen that she goes for FP on 15 Jan and they mailed document. I dont know what is going on. Any suggestions?
Since your PD is not current, I would assume the online case status of Document Production could possibly mean a finger printing notice that you received for her. Having said that, for some cases it is not unusual to receive a fingerprinting notice after I-485 approval. In such cases, though I-485 is approved and approval notice is sent, the physical card is not produced until the applicant completes the fingerprinting formalities. In your case, in my view, the online case status just refers to finger printing notice. But who knows, its USCIS and anything is possible.
Since your PD is not current, I would assume the online case status of Document Production could possibly mean a finger printing notice that you received for her. Having said that, for some cases it is not unusual to receive a fingerprinting notice after I-485 approval. In such cases, though I-485 is approved and approval notice is sent, the physical card is not produced until the applicant completes the fingerprinting formalities. In your case, in my view, the online case status just refers to finger printing notice. But who knows, its USCIS and anything is possible.
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sweet_jungle
12-04 04:56 PM
Next year in July when we will become current, it will again become a game of probability. Because of the 2 specific issues I mentioned, we will have a slightly lower probability of our cases getting picked up. So, I am trying to be pro-active to address these specific issues. The issues definitely need to be fixed as these are glaring glitches in the USCIS file transfer system. I am thinking that we can draft a letter and all affected people can write to Ombudsman. Let me know what everybody thinks
I fail to see why these cases you are referring to are any worse off than many others.
I filed my I485 in May 2007, have been current for more than a third of the interim period and still waiting.
I have filed two service requests, two congressional enquiries and nothing. So have other people and it has not helped them either.
We are all in a black hole hoping for our cases to see the light of day some time just like the WAC cases you refer to.
I fail to see why these cases you are referring to are any worse off than many others.
I filed my I485 in May 2007, have been current for more than a third of the interim period and still waiting.
I have filed two service requests, two congressional enquiries and nothing. So have other people and it has not helped them either.
We are all in a black hole hoping for our cases to see the light of day some time just like the WAC cases you refer to.
more...
manjunathpv
09-21 01:11 PM
Thanks Raj. Is interfiling request just a one page letter to USCIS or anything more involved? I presume you also did the priority date porting at the same time.
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vin13
03-12 01:27 PM
We see lots of anger and frustration in this GC journey specially when a VB comes out.
lets me ask myself and all of you these questions.
1) Is USCIS or DOS accountable for anything? if they do anything wrong can we do anything?
2) If USCIS post incorrect and bogus numbers of demand do we have a right or anything to challenge them?
3) If USCIS says that they are doing quarterly spillover and don't do that can we do anything legally?
Last year there was a short lived thread on IV talking about Sueing USCIS/DOS for there misdeeds but it died as people pointed out that we cant sue USCIS/DOS.
If the answer to all the above questions are No and we cant even bring USCIS/DOS in the court then we should keep our mouth shut and let it happen whatever is happening?
Thanks,
Sueing is a tough road.
Here is the tricky part. For example, we all feel the spillover is not happening quarterly. But USCIS/DOS will only give us partial info. They will not tell us how many visas were issued monthly to which category. So we cannot do our calculation to say Quarterly spillover is not happening. Without proof we cannot go to court.
The progress we have seen so far is that DOS is issuing the demand info on a monthly basis. Now we need to persuade them to release the number of visas issued monthy (by category). When we have both these data, we can do our calculations and prove that they are not following the law. Then we can worry about going to senators, congressman, or court.
lets me ask myself and all of you these questions.
1) Is USCIS or DOS accountable for anything? if they do anything wrong can we do anything?
2) If USCIS post incorrect and bogus numbers of demand do we have a right or anything to challenge them?
3) If USCIS says that they are doing quarterly spillover and don't do that can we do anything legally?
Last year there was a short lived thread on IV talking about Sueing USCIS/DOS for there misdeeds but it died as people pointed out that we cant sue USCIS/DOS.
If the answer to all the above questions are No and we cant even bring USCIS/DOS in the court then we should keep our mouth shut and let it happen whatever is happening?
Thanks,
Sueing is a tough road.
Here is the tricky part. For example, we all feel the spillover is not happening quarterly. But USCIS/DOS will only give us partial info. They will not tell us how many visas were issued monthly to which category. So we cannot do our calculation to say Quarterly spillover is not happening. Without proof we cannot go to court.
The progress we have seen so far is that DOS is issuing the demand info on a monthly basis. Now we need to persuade them to release the number of visas issued monthy (by category). When we have both these data, we can do our calculations and prove that they are not following the law. Then we can worry about going to senators, congressman, or court.
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InLineOnLine
03-10 08:38 PM
Thanks for your response. She has some time spent on vacation. I will talk to the employer to see if they can help us out in this matter.
Regards.
Regards.
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tb2904
03-27 09:13 AM
Nothing wrong with sharing happiness :)
...proves to who?? Would we be just making ourselves happy??
...proves to who?? Would we be just making ourselves happy??
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Lihkin
02-26 04:27 PM
Hi guys. Sledge- I think she clearly says (in caps) that her PP does NOT have CWOP stamp. Hence she is asking for help. :)
Cheers,
Nik
Cheers,
Nik
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gcisadawg
09-10 02:11 AM
Hi ,
Here is the scenario:
-- My AP expires in Dec'08 ( Applied for extension and waiting..)
-- H1 in Apr'09.
If I go to India say in Nov'08 and come back to US before the AP expiry using AP document (without going for H1 stamping as my visit is very short). What would be the I-94 expiry date ? Would it be Same as AP expiry (Dec'08) ?
Assuming I haven't received my new AP even in Dec'08, will I be out of status once my AP is expired ?
Please advice.
- Thanks
If you enter using AP before AP expiry, then you would be 'paroled for' 1 year from the date of your entry. So, it wont be the same as AP expiry date.
If you dont receive your AP before your AP expiry date, you will not be out-of-status. BUT you wont be able to travel abroad until you receive your AP on hand.
BUT most important, check with your lawyer to see if you can travel when you have a AP extension pending. My lawyer said I couldnt.
Here is the scenario:
-- My AP expires in Dec'08 ( Applied for extension and waiting..)
-- H1 in Apr'09.
If I go to India say in Nov'08 and come back to US before the AP expiry using AP document (without going for H1 stamping as my visit is very short). What would be the I-94 expiry date ? Would it be Same as AP expiry (Dec'08) ?
Assuming I haven't received my new AP even in Dec'08, will I be out of status once my AP is expired ?
Please advice.
- Thanks
If you enter using AP before AP expiry, then you would be 'paroled for' 1 year from the date of your entry. So, it wont be the same as AP expiry date.
If you dont receive your AP before your AP expiry date, you will not be out-of-status. BUT you wont be able to travel abroad until you receive your AP on hand.
BUT most important, check with your lawyer to see if you can travel when you have a AP extension pending. My lawyer said I couldnt.
more...
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kramesh_babu
09-08 10:55 PM
I just renewed my H1B visa for another 3 years, and I also have an approved advance parole document. If I leave the US before my H1B visa is stamped in my passport and re-enter the country using my AP, do I lose my H1B status? (that's what my attorney says)
How about my the H4 of my wife? She is already using EAD, so if we re-enter the country should she use the AP document or the H4 visa?
This is way too confusing...
If you use the "AP" to reenter then your status would be a "Parolee" because your I-94 will be stamped as "Parolee". You can still continue working for the same employer using your renewed H1B though.
But, If you want your status as "H1B" in your latest I-94 i.e. after the reentry, then you have to get it stamped & reenter using the same.
I hope this helps.
How about my the H4 of my wife? She is already using EAD, so if we re-enter the country should she use the AP document or the H4 visa?
This is way too confusing...
If you use the "AP" to reenter then your status would be a "Parolee" because your I-94 will be stamped as "Parolee". You can still continue working for the same employer using your renewed H1B though.
But, If you want your status as "H1B" in your latest I-94 i.e. after the reentry, then you have to get it stamped & reenter using the same.
I hope this helps.
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GC Struggle
03-13 04:05 PM
Can you tell me if all the 140's have been applied and approved from the same service center.
The USCIS has the jusrisdiction to review all previously approved 140's to check that the company has the ability to pay all its 140 fillings - most of teh times this is done if the company has mutiple filings in the same calendar year.
To answer your question if USCIS can come after you.. I guess yes.. I remember seeing a post on IV (member / user name Dimpi) where the persons 140 was rejected 2.5 years after it was approved.. this after him using AC21 and moving to another company...
The USCIS has the jusrisdiction to review all previously approved 140's to check that the company has the ability to pay all its 140 fillings - most of teh times this is done if the company has mutiple filings in the same calendar year.
To answer your question if USCIS can come after you.. I guess yes.. I remember seeing a post on IV (member / user name Dimpi) where the persons 140 was rejected 2.5 years after it was approved.. this after him using AC21 and moving to another company...
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gcnirvana
06-25 07:51 PM
Employer pays everything except for my EAD/AP as my H1 is valid till 2010. And fortunately, USCIS surgeon billed my medical exams to my insurance. Not sure if it'll come back and bite me but as of now I didn't pay a dime :)
cygent
11-28 01:10 AM
Same with my case any guesses are welcome.
Focus on the core issues (if you care), not on extraneous stuff. For petes sake, it is already approved, seems like most of us are only focussed on our own backs or riding on others.
Focus on the core issues (if you care), not on extraneous stuff. For petes sake, it is already approved, seems like most of us are only focussed on our own backs or riding on others.
anda007
07-11 12:22 PM
Kindly send me a template of letter to the senator and address of them
I am going to send cards and letter.
If you do not agree with this idea, I apologise.
I did not send the flowers, bcos IV told me. I sent it, bcos I felt it right !!!
I am going to send cards and letter.
If you do not agree with this idea, I apologise.
I did not send the flowers, bcos IV told me. I sent it, bcos I felt it right !!!
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