OLDMONK
07-18 10:01 PM
Thanks for great services..
My situation is as under : " My case is in removal proceedings for violating H1b status for 3 months due to laid off situation, i am working on H1b now and my labor is approved and I-140 is pending, now my priority date is become current for I-485 filing", now who will adjudicate my case, INS or EOIR court, where will i file my I-485.
will court close my removal proceedings based on PD current..
i will really really apprecate your help.
Dont want to futher your suffering but you are hosed. I have a consultant working in our office with a similar situation and he is planning Canada.
I dont think this board has a solution for you. But a real good immigration attorney may do something (and that does not necessarily mean Murthy Or Khanna). Remember you still have a chance until you are in US. Legal or whatever, just run and scan every out you got.
From my common sense understanding the court won't do what you wish.
My situation is as under : " My case is in removal proceedings for violating H1b status for 3 months due to laid off situation, i am working on H1b now and my labor is approved and I-140 is pending, now my priority date is become current for I-485 filing", now who will adjudicate my case, INS or EOIR court, where will i file my I-485.
will court close my removal proceedings based on PD current..
i will really really apprecate your help.
Dont want to futher your suffering but you are hosed. I have a consultant working in our office with a similar situation and he is planning Canada.
I dont think this board has a solution for you. But a real good immigration attorney may do something (and that does not necessarily mean Murthy Or Khanna). Remember you still have a chance until you are in US. Legal or whatever, just run and scan every out you got.
From my common sense understanding the court won't do what you wish.
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fatjoe
10-06 05:34 PM
Really? Did they give you that information?
I have taken infopass 2 times in last 2 years, and they just tell me - we cannot tell anything about that info from the "screen" they have access to.
They just give a vague answer that everything is in order but your visa numbers are not available for your dates, you need to wait for visa number
I went twice, both the time they gave me that info. Not only that, they can tell you if your case was assigned to an IO or not and also when the IO reviwed you application lately. You will have to specifically ask them.
I have taken infopass 2 times in last 2 years, and they just tell me - we cannot tell anything about that info from the "screen" they have access to.
They just give a vague answer that everything is in order but your visa numbers are not available for your dates, you need to wait for visa number
I went twice, both the time they gave me that info. Not only that, they can tell you if your case was assigned to an IO or not and also when the IO reviwed you application lately. You will have to specifically ask them.
jest_1
08-12 06:05 PM
thanks for the answers guys. So does USCIS question about the out of status issue before the last re-entry/485 filing during I-485 adjudication ? Any idea about whether they approve/deny petitions based on this scenario ?
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ImmigrationAnswerMan
06-29 12:22 PM
Anil:
While you can apply for an H-1B, the petition will not be approved for a change of status. Rather you will have to go back to your home country at the end of your L-1 status and apply for the H-1B visa in your home country, based upon the approved H-1B petition.
This is because your status will expire with the expiration of your I-94. So there will be a gap of about a month or so between your I-94 expiring in August and the H-1B petition start date of October 1st.
Your wife's status is tied to your status, so she will have to leave with you and come back on H-4 or get her own H-1B. She will not be able to work on H-4.
Whether or not you can apply for a green card now depends on what category you are eligible to apply in. The answer is probably no. Your L-1 was probably denied because you could not show that you had developed your company enough in the past year to warrant an extension of the L. That same issue is going to be a problem with you being able to file for an EB-1 multinational manager or executive. Any other category you are probably eligible for is going to require you to go through the PERM process.
While you can apply for an H-1B, the petition will not be approved for a change of status. Rather you will have to go back to your home country at the end of your L-1 status and apply for the H-1B visa in your home country, based upon the approved H-1B petition.
This is because your status will expire with the expiration of your I-94. So there will be a gap of about a month or so between your I-94 expiring in August and the H-1B petition start date of October 1st.
Your wife's status is tied to your status, so she will have to leave with you and come back on H-4 or get her own H-1B. She will not be able to work on H-4.
Whether or not you can apply for a green card now depends on what category you are eligible to apply in. The answer is probably no. Your L-1 was probably denied because you could not show that you had developed your company enough in the past year to warrant an extension of the L. That same issue is going to be a problem with you being able to file for an EB-1 multinational manager or executive. Any other category you are probably eligible for is going to require you to go through the PERM process.
more...
retropain
08-24 07:32 PM
desi companies that operate like this are in deep s**t
godbless
05-31 07:46 PM
I'm surprised that with a November 2001 PD that you are getting an interview already, since EB-3 is still retrogressed--EB3 world is only at July 1 2001 for June 2006
The PD fot EB3 is April 07 2001 I think. Anyway.... there should not be a cause for concern. The reason you got an AOS interview is that USCIS is adjudicating cases pending Visa availability. If there had been a concern then there would have been another RFE on it. You should be happy that some progress has taken place.
Cheers!!!!!!
The PD fot EB3 is April 07 2001 I think. Anyway.... there should not be a cause for concern. The reason you got an AOS interview is that USCIS is adjudicating cases pending Visa availability. If there had been a concern then there would have been another RFE on it. You should be happy that some progress has taken place.
Cheers!!!!!!
more...
Jerrome
10-18 01:29 PM
Is it possible to track 140 without the receipt notices.
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waitin_toolong
08-14 06:15 AM
My advice place the new approval as a bookmark on the current visa page when presenting the passport at the counter. This almost forces them to consider the new approval, also provide a copy of your I-797. Check the date before leaving the counter and politely ask for it to be corrected if wrong.
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ivuser9
04-09 04:05 PM
I think we can be on one visa at any given point of time. either use EAD or H1B.. gurus please clarify
:confused:
:confused:
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WAIT_FOR_EVER_GC
08-05 01:42 PM
when we do not know what is in the bill why are we assuming he will be calling for
adjustment of status to Legal Immigrants.
Grow up.................
If the title of this thread is what is in the bill then there are so many hurdles before it will even be voted on.
So relax and smile like pappu :) :)
adjustment of status to Legal Immigrants.
Grow up.................
If the title of this thread is what is in the bill then there are so many hurdles before it will even be voted on.
So relax and smile like pappu :) :)
more...
paskal
06-13 04:41 PM
Looks like you are in a rush .. You filed your labor in 2007 and expect to get a GC before a guy who is waiting in EB3 from 2002 0r 2003 ?
There is nothing wrong in converting from EB3 to EB2 , if you are qualified . How long you are going to wait in EB3 ?
By the way I m Eb2 2006.
nothing wrong in convering if one is eligible.
here is the problem though....each one can judge for themselves, i'm just presenting the facts:
EB2 requires an advanced degree- lets say it takes anadditional 3 years
EB3 can join a job after bachelors and get a PD. 5 years later switch jobs and claim EB2 with teh experience with the old PD
now suddenly the original EB2 filer is behind- his/her years spent getting the advanced degree count for nothing. the PD is 3 years behind the EB3 filer. so the experience suddenly trumps the education because and only because the EB3 filer could file sooner.
the law of the land gives preference to people with advanced degrees.
it allows substitution with experience. so far so good. the problem is the direct PD portability that hands a significant advantage to the EB3 converters ie experience over degree- an unintended consequence of this.
you can argue that it should be FIFO. maybe it should. but as of now the prefence is for advanced degrees and the ability to "upgrade" puts those who choose to get the advanced degrees at a disadvantage. they spend extra years waiting too- and unable to file and get a PD. and without an income. and then get penalized for it.
this whole PD thing is in many ways simply nonsensical. in any case country quotas and LC subs make mockery of it.
so....
There is nothing wrong in converting from EB3 to EB2 , if you are qualified . How long you are going to wait in EB3 ?
By the way I m Eb2 2006.
nothing wrong in convering if one is eligible.
here is the problem though....each one can judge for themselves, i'm just presenting the facts:
EB2 requires an advanced degree- lets say it takes anadditional 3 years
EB3 can join a job after bachelors and get a PD. 5 years later switch jobs and claim EB2 with teh experience with the old PD
now suddenly the original EB2 filer is behind- his/her years spent getting the advanced degree count for nothing. the PD is 3 years behind the EB3 filer. so the experience suddenly trumps the education because and only because the EB3 filer could file sooner.
the law of the land gives preference to people with advanced degrees.
it allows substitution with experience. so far so good. the problem is the direct PD portability that hands a significant advantage to the EB3 converters ie experience over degree- an unintended consequence of this.
you can argue that it should be FIFO. maybe it should. but as of now the prefence is for advanced degrees and the ability to "upgrade" puts those who choose to get the advanced degrees at a disadvantage. they spend extra years waiting too- and unable to file and get a PD. and without an income. and then get penalized for it.
this whole PD thing is in many ways simply nonsensical. in any case country quotas and LC subs make mockery of it.
so....
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gtg506p
03-09 11:25 AM
Great. Can you give more details like:
1. What was your complaint basis?
2. Did you do DOL or lawsuit?
3. How long it took?
4. Did you get trouble from the desi emplyer?
Thanks
1. What was your complaint basis?
2. Did you do DOL or lawsuit?
3. How long it took?
4. Did you get trouble from the desi emplyer?
Thanks
more...
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Munna Bhai
01-30 09:33 AM
Hi,
-I got my I140 approved in MAY 2006.
-I got my 3 years H1B based on I140 approval. I went to India for stamping as I was out of status for 10 months due to 7th year extension pending for a long time with USCIS.
- I came to USA on this H1B in JUNE'2006 with approval until JUNE'2009.
-On JAN 2007, my company has received a letter from USCIS to 'INTENT TO Revoke' the approved I140.
-My employer responded to USCIS letter with required documents.
-We are waiting for USCIS decision.
In this situation
1.Will my H1B also be revoked if I140 is revoked?
2. Can I transfer my H1B to another employer. How much time do I have?
3. If I transfer my H1B(i have approval until JUNE2009), can I apply new labor and I140 and get extension again after 2009.
Any other suggestions , help that you can do. Please advise?
Answer:If I-140 is revoked, H1b extension is not valid but I have seen cases where USCIS has not bother much about it, if you had valid extension before revoked but do discuss this question with a lawyer.
Answer:Yes, you can transfer, do it as soon as you can.
Answer:Yes, start new PERM+I-140 and get extension for 3 years.
-I got my I140 approved in MAY 2006.
-I got my 3 years H1B based on I140 approval. I went to India for stamping as I was out of status for 10 months due to 7th year extension pending for a long time with USCIS.
- I came to USA on this H1B in JUNE'2006 with approval until JUNE'2009.
-On JAN 2007, my company has received a letter from USCIS to 'INTENT TO Revoke' the approved I140.
-My employer responded to USCIS letter with required documents.
-We are waiting for USCIS decision.
In this situation
1.Will my H1B also be revoked if I140 is revoked?
2. Can I transfer my H1B to another employer. How much time do I have?
3. If I transfer my H1B(i have approval until JUNE2009), can I apply new labor and I140 and get extension again after 2009.
Any other suggestions , help that you can do. Please advise?
Answer:If I-140 is revoked, H1b extension is not valid but I have seen cases where USCIS has not bother much about it, if you had valid extension before revoked but do discuss this question with a lawyer.
Answer:Yes, you can transfer, do it as soon as you can.
Answer:Yes, start new PERM+I-140 and get extension for 3 years.
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jackisback
05-05 06:31 PM
There is no AP card or an approval notice. When they send the approval notice, they mean the actual AP papers - which is a 1-page document.
They send 2 copies of that.
Like an earlier post said, you can take Infopass and/or call customer service no.
My AP was approved on April 27 and I got it in the mail on 05/03.
They send 2 copies of that.
Like an earlier post said, you can take Infopass and/or call customer service no.
My AP was approved on April 27 and I got it in the mail on 05/03.
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kshitijnt
03-06 11:17 AM
All: I applied for advance parole on Feb -9 , delivered Feb -11. I filed under new fees structure and hence I am exempt from fees. I clearly mentioned that in the letter. However, till date I have received no receipt. How should I handle this?
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ngopikrishnan
04-04 09:37 PM
Read this thread: http://immigrationvoice.org/forum/showthread.php?t=16773
FYI, my 8th thru 10th year H1B extension approval had the A# from I-140, not the one from I-485.
FYI, my 8th thru 10th year H1B extension approval had the A# from I-140, not the one from I-485.
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cybergold
04-28 03:07 PM
Oh no... The link is dead. I am going to have to make my own site and put it up, i'll try getting it back up asap
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samswas
04-20 05:41 PM
I applied AP Feb 3 2011 for my wife and i got approved mail and also checked website saying it was approved.
Application Type: I131 , APPLICATION FOR USCIS TRAVEL DOCUMENT
Your Case Status: Post Decision Activity
On April 8, 2011, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.
But i have not received the document yet and wife is leaving on 24 th Apr 2011.
I would like to know if she can go without and when i get it i can mail the document so she can come back.
Please help.
Thanks
Arun
She need to have AP in hand before leaving the country. I would suggest to take an INFOPASS and go the local office tell them the situation, they should be able to give you the AP there.
Here is the link to make an appointment for INFOPASS
https://infopass.uscis.gov/info_en.php
Another option is talk to your Congressman.
Goodluck
Application Type: I131 , APPLICATION FOR USCIS TRAVEL DOCUMENT
Your Case Status: Post Decision Activity
On April 8, 2011, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.
But i have not received the document yet and wife is leaving on 24 th Apr 2011.
I would like to know if she can go without and when i get it i can mail the document so she can come back.
Please help.
Thanks
Arun
She need to have AP in hand before leaving the country. I would suggest to take an INFOPASS and go the local office tell them the situation, they should be able to give you the AP there.
Here is the link to make an appointment for INFOPASS
https://infopass.uscis.gov/info_en.php
Another option is talk to your Congressman.
Goodluck
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sathishav
02-25 10:23 AM
Guys,
Would it be of benefit, if USCIS sends us a notice when our petition is "Pre-adjudicated; awaiting visa number"? So, we can at least be in peace and go on with our life?
Also, I see there is a suggestion to NOT count Dependants in the VISA numbers, since they are not counted for other visa (H1) status. Its a very good suggestion. We just have to be ready with the counter-argument, if we are told, H1 Dependant is H4 and not eligible to work. However, once GC is approved, that spouse gets equivalent benefits and hence its counted.
Would it be of benefit, if USCIS sends us a notice when our petition is "Pre-adjudicated; awaiting visa number"? So, we can at least be in peace and go on with our life?
Also, I see there is a suggestion to NOT count Dependants in the VISA numbers, since they are not counted for other visa (H1) status. Its a very good suggestion. We just have to be ready with the counter-argument, if we are told, H1 Dependant is H4 and not eligible to work. However, once GC is approved, that spouse gets equivalent benefits and hence its counted.
deafTunes123
08-28 02:05 PM
One of our IV members posted today that he got an internal mail from Fragomen that visa numbers for EB2 India and China are done as of Aug 21st.
Here is the link.
http://immigrationvoice.org/forum/showpost.php?p=283735&postcount=133
Link not working.
Here is the link.
http://immigrationvoice.org/forum/showpost.php?p=283735&postcount=133
Link not working.
gcdreamer05
01-05 04:27 PM
i woudl think the actual number porting is miniscule...
but what i dont understand is why is USCIS hiding the data..why cant they reveal the exact number of application... and at what stage they?
Even an annual release would be very helpful...:confused:
Oh yeah , talk about that, there were few posts few months ago, that the great uscis had 4-5 diconnected databases and hence they had some project they were planning to centralize their dbs so as to arrive at a number.
Now God only knows how that project is going on (as per schedule), only after that is done can we know the exact number........
Comon USCIS hire some h1b's these guys will work their ass off to finish the project on time....
but what i dont understand is why is USCIS hiding the data..why cant they reveal the exact number of application... and at what stage they?
Even an annual release would be very helpful...:confused:
Oh yeah , talk about that, there were few posts few months ago, that the great uscis had 4-5 diconnected databases and hence they had some project they were planning to centralize their dbs so as to arrive at a number.
Now God only knows how that project is going on (as per schedule), only after that is done can we know the exact number........
Comon USCIS hire some h1b's these guys will work their ass off to finish the project on time....
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