roseball
05-04 04:34 PM
Hi Guys
Please read before giving your opinions: as per memo not my words:
USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
B. Deny the EB immigrant petition, or
C. Grant or deny the alien’s application for an immigrant visa or for adjustment of status.
The operative words here being "UNTIL SUCH TIME" - which if I am not wrong means when the decision is reached.....so you DO NOT HAVE A VALID H1B IF 485 IS DENIED.
See links below for more data
http://ac21portability.com/modules/wflinks/
AFAIK, already approved H1 is not invalidated. But, if you are on H1 (based on I-485) and your I-485 is denied, and later you lose your job with the H1 employer, then you might not be able to transfer your H1 to a new employer even though you have time left on the extended H1. Obviously, this is my opinion.
Please read before giving your opinions: as per memo not my words:
USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
B. Deny the EB immigrant petition, or
C. Grant or deny the alien’s application for an immigrant visa or for adjustment of status.
The operative words here being "UNTIL SUCH TIME" - which if I am not wrong means when the decision is reached.....so you DO NOT HAVE A VALID H1B IF 485 IS DENIED.
See links below for more data
http://ac21portability.com/modules/wflinks/
AFAIK, already approved H1 is not invalidated. But, if you are on H1 (based on I-485) and your I-485 is denied, and later you lose your job with the H1 employer, then you might not be able to transfer your H1 to a new employer even though you have time left on the extended H1. Obviously, this is my opinion.
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rameshvaid
04-09 07:32 PM
Thanks Bytes4lunch for your input. I do not have AP also and am at their mercy now.
Lets hope for the best.
Thanks anyway
Ramesh
Lets hope for the best.
Thanks anyway
Ramesh
apahilaj
09-18 02:18 PM
Dear Apahilaj:
You may wait till the end of this week and then call the USCIS. The FP notices may be on the way.
I also have a question for you: Did you submit your 485 applications directly to the Texas Service Center Or Nebraska, and on which date?
I have sent mine to TSC directly on July 24, 2007, and have received nothing; no checks are cleared, either, till today. Thanks.
Thank you all for responding.
I had submitted my application on July 2nd to NSC which later got transferred to TSC. TSC Notice date for application is August 27th.
I tend to agree - it must be dependent upon the availability of appointments also at ASC. I will wait till the end of this week and then give them a call.
BTW, how do I get to speak to a level 2 representative?
Thanks again.
You may wait till the end of this week and then call the USCIS. The FP notices may be on the way.
I also have a question for you: Did you submit your 485 applications directly to the Texas Service Center Or Nebraska, and on which date?
I have sent mine to TSC directly on July 24, 2007, and have received nothing; no checks are cleared, either, till today. Thanks.
Thank you all for responding.
I had submitted my application on July 2nd to NSC which later got transferred to TSC. TSC Notice date for application is August 27th.
I tend to agree - it must be dependent upon the availability of appointments also at ASC. I will wait till the end of this week and then give them a call.
BTW, how do I get to speak to a level 2 representative?
Thanks again.
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morchu
04-27 03:01 PM
"approvable" is the right term.
I always thought that your I-140 *has to be* approved before you can change jobs with the AC21 rule... no?
I always thought that your I-140 *has to be* approved before you can change jobs with the AC21 rule... no?
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sripk
07-18 08:52 PM
Below is a draft statement i prepared and appreciate if you can review it and suggest any changes reqd if this is not convincing.
I travelled to Tijuana, Mexico from San Diego. I entered the US Port of Entry at San Ysidro. My previous I-94 white entry card had been taken and I requested a new I-94 but since I already had a valid I-94 on my H-1B approval notice, the office would not issue a new I-94 white entry card.
I have a copy of my previous I-94 entry card from <prev_entry_date>
Few questions that may arise based on above statement:
1. Why was your I94 from H1B notice still with you and not submiited at POE when you left the country?
-Since i travelled by land the US POE is in Tijuana and so i submitted my expired I94 to them and also the valid I94 from H1B notice and asked for new white I94 card. Unfortunately the officer just stapled the valid H1B I94 to passport and told i am good to go. There is no stamp on it either and hence i am concerned.
Any other possible questions you can think of that needs to be addressed in my statement?
I travelled to Tijuana, Mexico from San Diego. I entered the US Port of Entry at San Ysidro. My previous I-94 white entry card had been taken and I requested a new I-94 but since I already had a valid I-94 on my H-1B approval notice, the office would not issue a new I-94 white entry card.
I have a copy of my previous I-94 entry card from <prev_entry_date>
Few questions that may arise based on above statement:
1. Why was your I94 from H1B notice still with you and not submiited at POE when you left the country?
-Since i travelled by land the US POE is in Tijuana and so i submitted my expired I94 to them and also the valid I94 from H1B notice and asked for new white I94 card. Unfortunately the officer just stapled the valid H1B I94 to passport and told i am good to go. There is no stamp on it either and hence i am concerned.
Any other possible questions you can think of that needs to be addressed in my statement?
mikemeyers
05-07 03:22 PM
Though indian embassy took 12 months to issue duplicate passport
wow..that bad...i hope for us it won't take that long...coz on website they say it will take 2-3 months...
wow..that bad...i hope for us it won't take that long...coz on website they say it will take 2-3 months...
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piyu7444
07-22 05:57 PM
Anyone who has H1B extension and AP and EAD ....it is better to have H1B stamped on passport and use the same to enter US....do not listen to others....
It is up to you if you entend to use H1B stamp or AP....the POE officer cannot force you to use AP or H1B stamp...carry all the documents with you.
THe best thing about getting H1B stamped is that in case of 485 rejection you can still be on H1B and file for reopening your case. Peace of mind is the key here
Apart from peace of mind is there any other advantage to be on h status?
If I only have AP and no h1b stamp then is there any harm in entering using AP and then continue working on h1b (informing the employer) ?
I am not scared of the situation -''what happens if GC is denied'' but still would want a h stamp as AP is a lot of hassle.
It is up to you if you entend to use H1B stamp or AP....the POE officer cannot force you to use AP or H1B stamp...carry all the documents with you.
THe best thing about getting H1B stamped is that in case of 485 rejection you can still be on H1B and file for reopening your case. Peace of mind is the key here
Apart from peace of mind is there any other advantage to be on h status?
If I only have AP and no h1b stamp then is there any harm in entering using AP and then continue working on h1b (informing the employer) ?
I am not scared of the situation -''what happens if GC is denied'' but still would want a h stamp as AP is a lot of hassle.
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myan88
03-30 11:08 AM
Your lawyer is right. People are taking advantage of portabilty of PD in multiple 140s. However, they are forgetting fundamental of 140 sponsership. Your employer already filed a 140 for a higher level position (EB2) and now requesting again USCIS to approve a 140 for a lower level position (EB3) for same employee with in a months. How will you justify? Howmany job offer your employer can give you? Is there any logic involved, for a person already given a higher level position, to take a lower level position. In the eyes of USCIS, it will defintly looks like your employer is doing fraud and there is no genuine job offer to you. If it is otherway, it may not look bad. If your first I-140 was EB3 and second one is EB2, then there may be a logic.
Yes, what you said is exactly the attorney is concerned. I do know that there are a lot of such cases got approved without any problems. But if my employer refuses to cooperate with this excuse, definitely he is not wrong on the legal base, although the employer promisesed: we will try to get your gc as quick as possible.
But how do you think if in the cover letter, we tell USCIS that the purpose of filing this 2nd EB3 140 is to carry over the PD? We can explain the background why we have to do it -- first EB3 labor pending in DOL for 3 years, PERM system came as quicker way and got EB2 approved quickly but encountered visa quota retrogession. If we told USCIS everything, do you think it still cause fraud issue? Because definition of FRAUD is: intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right. It really depends on USCIS officer to judge it case by case -- may be denied or approved.
I know one attorney processed similiar case and got RFE to be questioned: why do you apply EB3 after EB2 is approved? The attorney just honestly answered RFE: the beneficiary need the earlier PD. Then this EB3 140 case got approved quite quickly.
Yes, what you said is exactly the attorney is concerned. I do know that there are a lot of such cases got approved without any problems. But if my employer refuses to cooperate with this excuse, definitely he is not wrong on the legal base, although the employer promisesed: we will try to get your gc as quick as possible.
But how do you think if in the cover letter, we tell USCIS that the purpose of filing this 2nd EB3 140 is to carry over the PD? We can explain the background why we have to do it -- first EB3 labor pending in DOL for 3 years, PERM system came as quicker way and got EB2 approved quickly but encountered visa quota retrogession. If we told USCIS everything, do you think it still cause fraud issue? Because definition of FRAUD is: intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right. It really depends on USCIS officer to judge it case by case -- may be denied or approved.
I know one attorney processed similiar case and got RFE to be questioned: why do you apply EB3 after EB2 is approved? The attorney just honestly answered RFE: the beneficiary need the earlier PD. Then this EB3 140 case got approved quite quickly.
more...
hopefulgc
03-31 10:49 AM
Any word on this issue? Is somebody from core going to create a forum where they can post delayed updates?
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brb2
08-24 12:17 AM
http://boards.immigration.com/showthread.php?t=194681
My greencard application has stuck in name checks for 3 years. I recently filed a Writ of Mandamus. Before going to court, U.S. Attorneys filed to dismiss my case, citing that the adjustment of status is discretionary and the FBI can take as long as they want to do background checks.
I am hesitating whether to go ahead with a court hearing. In addition, I am not happy with my current lawyer.
Can someone recommend a good lawyer to me? Many thanks!
YL
My greencard application has stuck in name checks for 3 years. I recently filed a Writ of Mandamus. Before going to court, U.S. Attorneys filed to dismiss my case, citing that the adjustment of status is discretionary and the FBI can take as long as they want to do background checks.
I am hesitating whether to go ahead with a court hearing. In addition, I am not happy with my current lawyer.
Can someone recommend a good lawyer to me? Many thanks!
YL
more...
factoryman
06-18 01:08 PM
I doubt it. As far as I know only HIV from the blood drawn. I will look into the copies the doctor gave me.
All
First of all, sorry to open a new thread for my problem, but didn't find a related thread.
I was tested positive for genetal herpes 6months ago, but after that i didn't have any outbreaks. Now i have to go for medicals for my I485 next week.
Iam very much worried if it will effect my chances of getting GC.
Should i let the civil surgeon know iam positive for herpes and show my medical reports before he does the blood work, or should i wait till he finishes my blood work? I have read that i can apply for a waiver even if im tested positive for herpes, is it true? If so, can any body please tell me what is the procedure? Do i need to do it when we are filing for 485, or is it a separate process?
Please guide me.
Thanks in advance.
All
First of all, sorry to open a new thread for my problem, but didn't find a related thread.
I was tested positive for genetal herpes 6months ago, but after that i didn't have any outbreaks. Now i have to go for medicals for my I485 next week.
Iam very much worried if it will effect my chances of getting GC.
Should i let the civil surgeon know iam positive for herpes and show my medical reports before he does the blood work, or should i wait till he finishes my blood work? I have read that i can apply for a waiver even if im tested positive for herpes, is it true? If so, can any body please tell me what is the procedure? Do i need to do it when we are filing for 485, or is it a separate process?
Please guide me.
Thanks in advance.
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smaram1
08-14 02:23 PM
^^
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svr_76
11-27 05:16 PM
Well...so now they have added addln staff to handle the annual load (1 - 1.3 mil) EAD/AP requests....
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ragz4u
04-12 10:04 AM
We will be sending out an email to all of you very soon. Hopefully we can have a conference call maybe this weekend to go over what we are trying to achieve with the help of volunteers
more...
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ampudhukode
03-24 03:53 PM
spbpsg,
Thank you for the reply. Is that what people normally in this circumstance do ?
ampudhukode
No need of exp letter, just take offer letter and recent pay subs.
Thank you for the reply. Is that what people normally in this circumstance do ?
ampudhukode
No need of exp letter, just take offer letter and recent pay subs.
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poorslumdog
10-12 12:40 PM
Thanks for the good words. My patience is wearing thin as this has been going on for since the start of the year and I have seen PERM applications filed later than mine getting approved. My concern has to do more with the employer keeping me in the dark about the outcome and at the time H1 expires just lets me GO citing rejection or audit!! You can call me paranoid as the filing hasnt materialized and me in the 7th year just adds to the distress.
Just get the receipt number from your employer and check the status yourself.
Just get the receipt number from your employer and check the status yourself.
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vikki76
04-13 05:24 PM
Aliens who have advanced degree in science,technology,engineering or math and have been working in a related field in US under a non immigrant visa during the 3 year period preceding their application should be exempt from numerical limits.
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amsgc
01-22 10:41 PM
Of all your posts - you go that straight! :)
Thank you for your good wishes. However, I encourage you to look around the forum a bit, and see for yourself where you stand in line. I reckon there are tens of thousands of people from India waiting in line in your category - and they give out a generous three thousand every year in your category (including dependents)
At this rate - there is no chance in hell you will get lucky this year, or next year, or for several years after that.
I will see you next year - till then sweet dreams :)
I understand that you are new to this waiting game, I too had unrealistic expectations when I started out a couple of years ago. But the ground reality is that there just aren't enough green cards given out in the EB category. The EAD has some advantages, but for how long would you like to live in a state of limbo? My sincere unsolicited advice to you is to start the process in the last couple of years of your H-1B. Till then, expand your experiences, change jobs, and climb up the corporate ladder. Do not get stuck. You may not be aware, but if your I-140 is approved, you can get your H-1B extended in 3 year increments if your PD is not current. Don't be in a hurry to get the GC, because the govt. is clearly not in a hurry to give you one out to you.
When someone uses phrases like "being optimistic is better than nothing", it really gets me because doing nothing is going to get you just that - nothing.
The way u r replying seems to be u r one of those in that frustated waiting list. I only can wish u the best.
Thank you for your good wishes. However, I encourage you to look around the forum a bit, and see for yourself where you stand in line. I reckon there are tens of thousands of people from India waiting in line in your category - and they give out a generous three thousand every year in your category (including dependents)
At this rate - there is no chance in hell you will get lucky this year, or next year, or for several years after that.
I will see you next year - till then sweet dreams :)
I understand that you are new to this waiting game, I too had unrealistic expectations when I started out a couple of years ago. But the ground reality is that there just aren't enough green cards given out in the EB category. The EAD has some advantages, but for how long would you like to live in a state of limbo? My sincere unsolicited advice to you is to start the process in the last couple of years of your H-1B. Till then, expand your experiences, change jobs, and climb up the corporate ladder. Do not get stuck. You may not be aware, but if your I-140 is approved, you can get your H-1B extended in 3 year increments if your PD is not current. Don't be in a hurry to get the GC, because the govt. is clearly not in a hurry to give you one out to you.
When someone uses phrases like "being optimistic is better than nothing", it really gets me because doing nothing is going to get you just that - nothing.
The way u r replying seems to be u r one of those in that frustated waiting list. I only can wish u the best.
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rksaigal
10-16 07:10 PM
Wishing you all a Very Happy Diwali.
vikki76
07-19 03:49 PM
Translate yourself and get it approved by a friend/colleague who knows your written native language and English.
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Theory behind translation service is this- It is an open document, so whoever translating can not lie. If I translate incorrectly from Marathi, 100 other Marathi speakers or a Marathi literati can easily point that out.
Something like our public key , private key encryption :-) :)
texasguy
06-21 04:04 PM
Hi All,
We took an infopass appointment at the Local USCIS office to get a temporary proof of our permanent residency status. Can anyone suggest us what documents to show ?
As I understand we need to show passport , driver's license,485 approval notice, police report and I-90 application.
Is there anything else that we need to show?
Thank you all for your suggestions.
We took an infopass appointment at the Local USCIS office to get a temporary proof of our permanent residency status. Can anyone suggest us what documents to show ?
As I understand we need to show passport , driver's license,485 approval notice, police report and I-90 application.
Is there anything else that we need to show?
Thank you all for your suggestions.
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