needGCcool
08-09 11:08 AM
Augustus,
I think you should first read some of the other threads before randomly posting.
Anybody with July 19th receipt date got their Check encashed? How about Receipt Notice? EB-3 India.
I am worried about checks not being cashed yet. After Aug 17th the window is closed.
I think you should first read some of the other threads before randomly posting.
Anybody with July 19th receipt date got their Check encashed? How about Receipt Notice? EB-3 India.
I am worried about checks not being cashed yet. After Aug 17th the window is closed.
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marty
01-09 01:07 PM
I think the text of the post is missing. I am quoting it from the original post below.
URL: http://immigrationvoice.org/forum/showthread.php?t=23029
We need to talk to our local govt. officials about the delay and discrepancy in the processing times published for the USCIS service centers. Please go to the following URLs and find out about your local govt. representative:
US House of Representatives
https://writerep.house.gov/writerep/welcome.shtml
US Senate
http://www.senate.gov/general/contact_information/senators_cfm.cfm
I am providing you the text that you can use in your e-mail. Please also download the processing time for the service centers from the following URL:
http://www.filefactory.com/file/a014c1d/n/Processing_Time-11182008_pdf
------------------------------------------------------------------
E-Mail Subject
Delay and concerns about USCIS processing time updates
E-Mail Text
Dear [Name of your local representative]:
I am writing you in reference to the USCIS processing times updates on their web site at https://egov.uscis.gov/cris/processTimesDisplay.do. Following are my concerns:
1. The last update on processing time was published on November 18, 2008. No update was made to the processing time since November 18, 2008.
2. There appears to be discrepancy between the dates the processing time is posted and the service center processing dates. Attached is the processing time report from November 18, 2008 for California Service Center, Nebraska Service Center, Texas Service Center, and Vermont Service center. Please notice the date processing time was posted was November 18, 2008 and the service center processing dates was given as of September 30, 2008.
I will appreciate if a corrective action is taken so that the processing times are published on time and the discrepancy between the date posted and service center processing date is addressed.
Thank you,
[Your Name]
------------------------------------------------------------------
Please let me know if anything else needs to be added to the e-mail text.
Thanks.
URL: http://immigrationvoice.org/forum/showthread.php?t=23029
We need to talk to our local govt. officials about the delay and discrepancy in the processing times published for the USCIS service centers. Please go to the following URLs and find out about your local govt. representative:
US House of Representatives
https://writerep.house.gov/writerep/welcome.shtml
US Senate
http://www.senate.gov/general/contact_information/senators_cfm.cfm
I am providing you the text that you can use in your e-mail. Please also download the processing time for the service centers from the following URL:
http://www.filefactory.com/file/a014c1d/n/Processing_Time-11182008_pdf
------------------------------------------------------------------
E-Mail Subject
Delay and concerns about USCIS processing time updates
E-Mail Text
Dear [Name of your local representative]:
I am writing you in reference to the USCIS processing times updates on their web site at https://egov.uscis.gov/cris/processTimesDisplay.do. Following are my concerns:
1. The last update on processing time was published on November 18, 2008. No update was made to the processing time since November 18, 2008.
2. There appears to be discrepancy between the dates the processing time is posted and the service center processing dates. Attached is the processing time report from November 18, 2008 for California Service Center, Nebraska Service Center, Texas Service Center, and Vermont Service center. Please notice the date processing time was posted was November 18, 2008 and the service center processing dates was given as of September 30, 2008.
I will appreciate if a corrective action is taken so that the processing times are published on time and the discrepancy between the date posted and service center processing date is addressed.
Thank you,
[Your Name]
------------------------------------------------------------------
Please let me know if anything else needs to be added to the e-mail text.
Thanks.
ak_2006
04-30 03:05 PM
Thanks GC_ON_DEMAND for the quick update.
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h1bnogc
08-28 10:52 PM
When I went on a vacation to India, I had a valid H1B visa stamp that was valid for 30 more days. I also had an approved petition for extension.
I could have gone for stamping, but I chose not to and when I came back I showed them my H1B visa which was valid for 10 more days and also my extension petition. I was sent to Secondary Inspection (you can also be sent here in case you have an AP, nothing to be worried about SI, it very common nowadays). In that, a senior IO looked at both and then stamped my I-94 till the end of the extension petition (Oct 2010).
Though your situation is slightly different - you dont have a valid H1B stamp when you go to India, you can go to consulate and get it stamped with current H1B petition and while coming back you need to show the IO at counter both the VISA and the extension. Better yet, as some-one suggested, present both petitions to embassy in India and see how they handle it.
Have a safe trip..
sbay2006: Could you please share your experience during secondary inspection? thanks!
I could have gone for stamping, but I chose not to and when I came back I showed them my H1B visa which was valid for 10 more days and also my extension petition. I was sent to Secondary Inspection (you can also be sent here in case you have an AP, nothing to be worried about SI, it very common nowadays). In that, a senior IO looked at both and then stamped my I-94 till the end of the extension petition (Oct 2010).
Though your situation is slightly different - you dont have a valid H1B stamp when you go to India, you can go to consulate and get it stamped with current H1B petition and while coming back you need to show the IO at counter both the VISA and the extension. Better yet, as some-one suggested, present both petitions to embassy in India and see how they handle it.
Have a safe trip..
sbay2006: Could you please share your experience during secondary inspection? thanks!
more...
neelu
09-15 12:05 PM
Thanks for your response, FromNaija.
I do have an approved I-140 based on the RIR PD. I will update my first post with that info.
I know that USCIS should interfile the two cases. My question is, how to find out if that happened and if not done what can be done to ensure that?
Also, has anyone gotten similar messages like "your case has been prepared for review"? I have searched this forum but could not find anything about it.
Any thoughts/comments are appreciated.
If you have an approved I-140 based on your RIR PD, then yes you could ask to be accorded the earlier priority date. If not, you cannot ask for the earlier priority date on the basis of an approved LC alone.
I do have an approved I-140 based on the RIR PD. I will update my first post with that info.
I know that USCIS should interfile the two cases. My question is, how to find out if that happened and if not done what can be done to ensure that?
Also, has anyone gotten similar messages like "your case has been prepared for review"? I have searched this forum but could not find anything about it.
Any thoughts/comments are appreciated.
If you have an approved I-140 based on your RIR PD, then yes you could ask to be accorded the earlier priority date. If not, you cannot ask for the earlier priority date on the basis of an approved LC alone.
corleone
11-14 11:59 AM
same here
more...
GCBy3000
11-29 11:37 AM
Always play safe. Not all the immigration lawyers have the same answers. You might be right on several occasions, but the company will always go with the advice from the company lawyers. I have faced several idiotic decisions from my company lawyers which screwed me up big time in my GC process. But I have always played safe because I need the support from my company. When you take an offer from the new employer you do not know how good/bad are those company attorneys are. So play safe as it will cost you heavily.
NOTE: Having waited for several years with patience, develop the patience to wait for 6-8 months after 485 filing to be on safer side. Also invoking AC21 exactly after 6months does not create a good impression on you from your current employer as well as from the potential future employer. Always have a valid reason for invoking AC21 and do not invoke just because you can invoke. My 2 cents.
How do you prove to USCIS that your notice date is Aug 3 bcos I suppose in yr receipt notice, the date mentioned is of august.
Thanks
NOTE: Having waited for several years with patience, develop the patience to wait for 6-8 months after 485 filing to be on safer side. Also invoking AC21 exactly after 6months does not create a good impression on you from your current employer as well as from the potential future employer. Always have a valid reason for invoking AC21 and do not invoke just because you can invoke. My 2 cents.
How do you prove to USCIS that your notice date is Aug 3 bcos I suppose in yr receipt notice, the date mentioned is of august.
Thanks
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pappu
09-19 06:24 PM
sent you a PM
thanks I responded on your email id.
thanks I responded on your email id.
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aadimanav
12-11 03:54 PM
Thanks for everyone who replied.
What about 485 filing date? Will it be cosidered July 2nd, 2007 or whatever future date I will "interfile"?
Any experience holder?
Thanks,
What about 485 filing date? Will it be cosidered July 2nd, 2007 or whatever future date I will "interfile"?
Any experience holder?
Thanks,
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dba9ioracle
07-11 04:41 PM
Did you apply AP with your EAD ? is it a DUAL card (EAD and AP) ?
Just asking..I still did not get my EAD which was applied in july-2007 last year. I am planning to apply for AP renewal this month as I have apporved AP.
Just asking..I still did not get my EAD which was applied in july-2007 last year. I am planning to apply for AP renewal this month as I have apporved AP.
more...
gbof
01-10 05:45 PM
Current Status: Card mailed to applicant.
On January 9, 2009, we mailed the new card directly to the address we have on file. You should receive your new card within 30 days. If you do not, or if you move before you get it, call customer service.
THEY SAID THIS WAS A NEW CARD. I WANT TO KNOW DO THEY DISTROY THE FIRST CARD THAT WAS SEND TO ME OR IS THIS NEW CARD WAS THE LPR(GREEN) CARD THAT HAVE 10 YEARS OF EXPIRATION? PLS URGENT REPLY THANKS
Relax and just wait for the mail. Only Last Action Taken is valid.
On January 9, 2009, we mailed the new card directly to the address we have on file. You should receive your new card within 30 days. If you do not, or if you move before you get it, call customer service.
THEY SAID THIS WAS A NEW CARD. I WANT TO KNOW DO THEY DISTROY THE FIRST CARD THAT WAS SEND TO ME OR IS THIS NEW CARD WAS THE LPR(GREEN) CARD THAT HAVE 10 YEARS OF EXPIRATION? PLS URGENT REPLY THANKS
Relax and just wait for the mail. Only Last Action Taken is valid.
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GC08
04-04 08:56 PM
I am kinda wishing it were down... it is too depressing to see those days never move. :(
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cchaitu
07-18 03:40 PM
I don't think you are right for first question. AC21 can be invoked if you have applied 485 more than 180 days. Why EAD is related here. You can change the job after 180 days by transferring your H1 to new company. This is the information I have but it is better to verify it from a lawyer.
Can I join new company on my EAD after 180 days of I485 receipt date??
One quick question:
What is AC21 provision: is this a clause or any other application or ????
Can I join new company on my EAD after 180 days of I485 receipt date??
One quick question:
What is AC21 provision: is this a clause or any other application or ????
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pani_6
07-03 06:24 PM
So I have to join the new employer only after the new I-140 is approved right..my current I-140 is already approved..
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reddymjm
08-07 09:55 AM
you made my day.....it was so funny
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It was Funny....
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a_yaja
12-18 09:17 PM
Hi All,
I am currently working for a University in cap-exempt H1B (company A). I got a job offer from a cap-subjected company (company B). I am aware that the H1B which i have is non-transferable and i have to apply for new H1B petition to work for company.
Since the cap numbers are still available, applying for new petition is not a problem. I was in an idea of asking my new employer (company B) to apply for new H1B petition (premium processing) while working with Company A but i came to know the following from USCIS official document that i have to stop working for the current employer before submitting the company B H1B petition. I thought I can work for the cap-exempt company A until the company B H1B is approved. Have anyone experienced it? if so when should i stop working for my current cap-exempt employer?...can i work till the LCA is approved..?
Below is the paragraph from USCIS Memo
"If the H-1B alien beneficiary has not �ceased� to be employed in a cap-Exempt position, then he or she will not be counted towards the cap.
If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt position, then the alien will be subject to the H-1B numerical limitation, and the concurrent employment petition may not be approved unless a cap number is available to the alien beneficiary.
From what you have quoted, where does it say that you have to stop working before you can apply for cap subject H1B? All it says is:
1. if you apply for a new H1B that is also cap exempt position, then you will not be counted for the cap.
2. if you apply for a new H1B this is cap subject, that a cap subject petition cannot be approved unless a cap number is available.
Since the quota is not over yet over for cap subject H1B, you should be able to work with the University till your cap subject petition is approved.
I am currently working for a University in cap-exempt H1B (company A). I got a job offer from a cap-subjected company (company B). I am aware that the H1B which i have is non-transferable and i have to apply for new H1B petition to work for company.
Since the cap numbers are still available, applying for new petition is not a problem. I was in an idea of asking my new employer (company B) to apply for new H1B petition (premium processing) while working with Company A but i came to know the following from USCIS official document that i have to stop working for the current employer before submitting the company B H1B petition. I thought I can work for the cap-exempt company A until the company B H1B is approved. Have anyone experienced it? if so when should i stop working for my current cap-exempt employer?...can i work till the LCA is approved..?
Below is the paragraph from USCIS Memo
"If the H-1B alien beneficiary has not �ceased� to be employed in a cap-Exempt position, then he or she will not be counted towards the cap.
If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt position, then the alien will be subject to the H-1B numerical limitation, and the concurrent employment petition may not be approved unless a cap number is available to the alien beneficiary.
From what you have quoted, where does it say that you have to stop working before you can apply for cap subject H1B? All it says is:
1. if you apply for a new H1B that is also cap exempt position, then you will not be counted for the cap.
2. if you apply for a new H1B this is cap subject, that a cap subject petition cannot be approved unless a cap number is available.
Since the quota is not over yet over for cap subject H1B, you should be able to work with the University till your cap subject petition is approved.
more...
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veni001
11-04 07:25 PM
Hi Experts,
Need inputs on following scenarios.
I have approved I-140 with Company A. I am on H1 currently, 7th year. My extension is due on April 2011.
Scenario 1: If H1 extension gets denied, can I move to H4 (my wife is on h1) and then search for a job and convert from H4 to H1 using approved I-140 from company A?
Ans: Only if approved I-140 is not revoked by sponsoring employer.
Scenario 2: If I move to Company B, and do not start GC there, after 3 years, can I get 3 years extension based on approved I-140 from company A?
Ans: Only if approved I-140 is not revoked by sponsoring employer.
Scenario 3: If I move to Company B, after some time, can I move to company C using I-140 from company A?
Ans: Only if approved I-140 is not revoked by sponsoring employer.
Given the uncertainty of h1 approvals these days, please suggest favorable scenarios in the cases above.
Thanks
The way current administration scrutinizing immigrant/non-immigrant case i doubt any employer dare not to revoke I-140 once employee leaves:o
Need inputs on following scenarios.
I have approved I-140 with Company A. I am on H1 currently, 7th year. My extension is due on April 2011.
Scenario 1: If H1 extension gets denied, can I move to H4 (my wife is on h1) and then search for a job and convert from H4 to H1 using approved I-140 from company A?
Ans: Only if approved I-140 is not revoked by sponsoring employer.
Scenario 2: If I move to Company B, and do not start GC there, after 3 years, can I get 3 years extension based on approved I-140 from company A?
Ans: Only if approved I-140 is not revoked by sponsoring employer.
Scenario 3: If I move to Company B, after some time, can I move to company C using I-140 from company A?
Ans: Only if approved I-140 is not revoked by sponsoring employer.
Given the uncertainty of h1 approvals these days, please suggest favorable scenarios in the cases above.
Thanks
The way current administration scrutinizing immigrant/non-immigrant case i doubt any employer dare not to revoke I-140 once employee leaves:o
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samswas
06-22 12:55 PM
My H1B extension got approved few weeks back and H1 extension is starting from 09/24/10.
My current H1b visa was expired last year around Oct 1st. I have an urgency to go to india this week and my new h1-b extension is not effective yet.
My question is if I got for visa stamping sometime around July then can I present my H1b extension approval which has not started yet to visa officer and get a visa stamp based on that.
Because its start date is 09/24 so do I need to wait till that date before re-entering.
What if I use my current H1 which expires on 09/23/2010 ? Is it possible for visa officer to consider both current H1 and new extension to give me a visa.
If I'm in your situation, I would do this ----------
Get the stamping in India. This is by showing your current H1B which is valid until 9/2010. At the port of entry, show your new H1B, and get I-94 until validity of your new H1B.
My current H1b visa was expired last year around Oct 1st. I have an urgency to go to india this week and my new h1-b extension is not effective yet.
My question is if I got for visa stamping sometime around July then can I present my H1b extension approval which has not started yet to visa officer and get a visa stamp based on that.
Because its start date is 09/24 so do I need to wait till that date before re-entering.
What if I use my current H1 which expires on 09/23/2010 ? Is it possible for visa officer to consider both current H1 and new extension to give me a visa.
If I'm in your situation, I would do this ----------
Get the stamping in India. This is by showing your current H1B which is valid until 9/2010. At the port of entry, show your new H1B, and get I-94 until validity of your new H1B.
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newworld
03-08 09:57 PM
These talks never mention legal immigration. Americans don't want all sort of immigration: legal or illegal.
kaisersose
09-17 12:02 PM
Hi,
I am in a different predicament. 1st H term finishes 30-sep-2007. Company A sponsored my H and i have been with them ever since. They sponsored GC. I-140 approved, 485 filed on july 2nd, recd EAD card, AP approved, FP done.
Company A is losing business and is not in a position to pay for H renewal. I have offer from Company B and they are doing H transfer.
Question
1. Can i switch to EAD with Company A and keep H with Company B untill Jan 2, 2008 when i am safe to use AC 21.
2. Do i have to make sure that company A renews my H. In a dire circumstance i can buy my H renewal.
Any help is greatly appreciated as am 2 weeks away from expiring H.
Thanks
1. As far as I know, think this will work.
2. Not required.
I am in a different predicament. 1st H term finishes 30-sep-2007. Company A sponsored my H and i have been with them ever since. They sponsored GC. I-140 approved, 485 filed on july 2nd, recd EAD card, AP approved, FP done.
Company A is losing business and is not in a position to pay for H renewal. I have offer from Company B and they are doing H transfer.
Question
1. Can i switch to EAD with Company A and keep H with Company B untill Jan 2, 2008 when i am safe to use AC 21.
2. Do i have to make sure that company A renews my H. In a dire circumstance i can buy my H renewal.
Any help is greatly appreciated as am 2 weeks away from expiring H.
Thanks
1. As far as I know, think this will work.
2. Not required.
leoindiano
07-19 08:17 AM
From , it appears that most people got their GC's without any LUD's. May be most cases are preadjucated and there will be only one final status change.
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