acecupid
08-15 10:35 AM
The article is not very clear. It sounds like this will cause more trouble than benefit us. The 485 filing will be based on PD after pre-registration is cleared, so people who were originally eligible to apply for 485, EAD and AP when PD is current will lose the EAD/AP benefits during pre-registration process.
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sunty
07-11 05:18 PM
[QUOTE=PS: The whiners brigade who think USCIS moved EB2 forward to make money out of EAD should know now[/QUOTE]
Maybe I am missing something here...Why do people think its a USCIS conspiracy to move PD forward...If someone's PD is current and he/she gets a 1 year EAD again, they will pay the $360 fee if they filed their I-485 before July 30, 2007, but they don't have to pay the fee again even if they get just a 1 year EAD...only they might have to do is to file the EAD application again next year WITHOUT the fee...
Maybe I am missing something here...Why do people think its a USCIS conspiracy to move PD forward...If someone's PD is current and he/she gets a 1 year EAD again, they will pay the $360 fee if they filed their I-485 before July 30, 2007, but they don't have to pay the fee again even if they get just a 1 year EAD...only they might have to do is to file the EAD application again next year WITHOUT the fee...
phillyag
01-22 10:16 PM
DO we guys have a plan, a project ?
How we want to approach these critical subjects ?
How are we using the funds ???
The reason why I am not contributing is I dont know where the money will go or is goin right now ????
How we want to approach these critical subjects ?
How are we using the funds ???
The reason why I am not contributing is I dont know where the money will go or is goin right now ????
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hebron
10-11 06:56 PM
That�s what exactly I am trying to find here. Since I am not USC or GC, would they take my complain seriously and I want to remain anonymous. Is it possible?
Yes, They will take you seriously. Just complain to DOL.
Yes, They will take you seriously. Just complain to DOL.
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ita
08-22 09:20 PM
Gurus,
I just thought of sharing some good news. I spoke this afternoon with USCIS office about my pending EAD(renewal), at the same time I asked the lady to check my I485 (PD: 11/08/2005), she forwarded my call to Level 2 support guys. He said FP,NC,Back ground check everything is cleared and also case is assigned to IO.
Just a small suggestion/clue to my friends,
when ever they ask "when did u file the application(I485) tell them your PD not the date that we all recently applied(if you have applied recently, I mean last year Jul/Aug)". Also don't call them on Mon-Wed, call them on Thursday or Friday (I recommend), so they will answer you guys politely. Complement for every say of them. Just a good word or humble will pay us back. I am sure about that.
Please don't take me wrong.
-Prasad.
Would you please let us know what #(extensions) did you call? Was the person who initially answered your call IO or National CS? What did you ask the person who initially answered your call upon which she forwarded you to second level support? Appreciate your answers. Thank you.
I just thought of sharing some good news. I spoke this afternoon with USCIS office about my pending EAD(renewal), at the same time I asked the lady to check my I485 (PD: 11/08/2005), she forwarded my call to Level 2 support guys. He said FP,NC,Back ground check everything is cleared and also case is assigned to IO.
Just a small suggestion/clue to my friends,
when ever they ask "when did u file the application(I485) tell them your PD not the date that we all recently applied(if you have applied recently, I mean last year Jul/Aug)". Also don't call them on Mon-Wed, call them on Thursday or Friday (I recommend), so they will answer you guys politely. Complement for every say of them. Just a good word or humble will pay us back. I am sure about that.
Please don't take me wrong.
-Prasad.
Would you please let us know what #(extensions) did you call? Was the person who initially answered your call IO or National CS? What did you ask the person who initially answered your call upon which she forwarded you to second level support? Appreciate your answers. Thank you.
nlssubbu
12-18 04:43 PM
I was reading the AC21 memo just few minutes ago. Yes, an Approved I-140 can be reversed and denied on this case:
An approved I-140 was withdrawn after 180 days and the beneficiary did not send an AC21 letter to USCIS. USCIS will send NOID and if not responded to timely, I-140 will be reversed and denied. If NOID was responded to timely with new qualifying offer of employment, then USCIS will review if similar or same occupation, if not then case will be reversed and denied.
Therefore, yes, an approved I-140 can be reversed and denied.
Another thing is that if USCIS discovered fraud on one case against the employer and reviews all approved I-140 petition of that employer, USCIS may reverse the decision and issue denial.
Even approved GC and Neutralized Citizenship certificates also can be revoked, if it was found later that there was some fraud involved in it.
An approved I-140 was withdrawn after 180 days and the beneficiary did not send an AC21 letter to USCIS. USCIS will send NOID and if not responded to timely, I-140 will be reversed and denied. If NOID was responded to timely with new qualifying offer of employment, then USCIS will review if similar or same occupation, if not then case will be reversed and denied.
Therefore, yes, an approved I-140 can be reversed and denied.
Another thing is that if USCIS discovered fraud on one case against the employer and reviews all approved I-140 petition of that employer, USCIS may reverse the decision and issue denial.
Even approved GC and Neutralized Citizenship certificates also can be revoked, if it was found later that there was some fraud involved in it.
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ajay
08-16 11:23 AM
I just wanted to confirm that it is ok to travel on AP via Dubai from Emirates without H1B stamp. Has anyone done this recently and can you share your experience? Thanks.
- gchopes
In Dubai when you come back you have to show your AP and supporting docs if they ask you to. I came back this July 18th.
- gchopes
In Dubai when you come back you have to show your AP and supporting docs if they ask you to. I came back this July 18th.
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dreamworld
11-09 02:58 PM
If No I-94 attached with the approval notice then you need to get the stamping when you tavel outside the country.
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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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tnite
03-18 10:57 AM
I am positively sick of seeing the same "case received and pending" status on my I-485 case for the past two years (almost). I call CIS and they parrot like repeat the same status which I see on their website. They tell me they have no further information.
I simply can't take it any more. I have already paid unnacceptably high human cost for this GC. If my case has any discrepency and it is going to be rejected eventually, then I dont see any point of working in US from this point onwards itself. I would rather move back to India and use this time to build my career there.
I can hang on only if I somehow get to know if my case has been pre-adjudicated for approval, and no more bureaucratic actions are required on it. But how do I do that?
Any ideas?
Some folks have had success at the infopass getting this information but for most cases they will not be able to tell you. The might be able to tell you if the file has been assigned or not.
I simply can't take it any more. I have already paid unnacceptably high human cost for this GC. If my case has any discrepency and it is going to be rejected eventually, then I dont see any point of working in US from this point onwards itself. I would rather move back to India and use this time to build my career there.
I can hang on only if I somehow get to know if my case has been pre-adjudicated for approval, and no more bureaucratic actions are required on it. But how do I do that?
Any ideas?
Some folks have had success at the infopass getting this information but for most cases they will not be able to tell you. The might be able to tell you if the file has been assigned or not.
more...
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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elusive
07-10 01:13 AM
Hi,
I got the standard RFE
1) End date in client letter
2) EE relationship
3) show project validity till h extension requested( 3 years)
RFE response to be received on or before July 10 2010
With all problems from vendor and client i was able to get letters but my lawyer sent the packet on July 9 and when I was tracking the status it says that UPS due to some unforeseen reason will now deliver this packet on 7/12 ..2 days after deadline, the packet has sent date 7/9 and was marked next day AIR
My question is
) Am I screwed in this case and my H1 is gone. current H1 period expires 07/15
2) Or will USCIS will accept the respnse since it was posted before on 7/9
I am so mad at my lawyer but looks like H1 is gone and I have to pack my belongings ...
any advice please
I got the standard RFE
1) End date in client letter
2) EE relationship
3) show project validity till h extension requested( 3 years)
RFE response to be received on or before July 10 2010
With all problems from vendor and client i was able to get letters but my lawyer sent the packet on July 9 and when I was tracking the status it says that UPS due to some unforeseen reason will now deliver this packet on 7/12 ..2 days after deadline, the packet has sent date 7/9 and was marked next day AIR
My question is
) Am I screwed in this case and my H1 is gone. current H1 period expires 07/15
2) Or will USCIS will accept the respnse since it was posted before on 7/9
I am so mad at my lawyer but looks like H1 is gone and I have to pack my belongings ...
any advice please
more...
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itsmesabby
06-27 08:47 PM
Using AP does not necessarily mean that one is using the EAD. It is just a document that allows you to travel when needed.
Elaine you can correct if I am wrong ? I had a question though... say the H1-B is valid for more than 1 year but if AP is used the I-94 given would be of only 1 year, should we then extend the I-94 or is our H1-B valid till the duration it is approved for..
Elaine you can correct if I am wrong ? I had a question though... say the H1-B is valid for more than 1 year but if AP is used the I-94 given would be of only 1 year, should we then extend the I-94 or is our H1-B valid till the duration it is approved for..
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hinvin66
08-11 12:08 AM
EB2-I PD: May 30, 2006
The saga goes on...
My original sponsoring desi company did not give me the labor that they filed for me in 2003, so I moved to company "A" after that. Read on...
Second H1B 3-year extension beyond original 6 years !
My PD is May 30. 2006 (beat the Aug 2008 VB by a day!) from company "A", I-140 (EB2-I) approved
Ported to company "B", I-140 (EB2-I) approved (premium - 2007)
Company "B" filed for 1st 3-year H1B extension using AC21 as backup
Filed for I-485: RD=Aug 2; ND=Sep 17
Changed to company "C" 2 months back using AC21 (don't know details of documentation sent - handled by company "C" legal department)
Company "C" filed for 2nd 3-year extension H1B using AC21as backup
FP done in Oct 2007
Used AP for Int'l travel 6 times for business trips.
Soft LUDs in Dec 2007, Feb 2008
Applied for EAD renewal in July 2008
Applied for AP renewal in Aug 2008
Waiting for I-485 approval ... No RFE yet
The saga goes on...
My original sponsoring desi company did not give me the labor that they filed for me in 2003, so I moved to company "A" after that. Read on...
Second H1B 3-year extension beyond original 6 years !
My PD is May 30. 2006 (beat the Aug 2008 VB by a day!) from company "A", I-140 (EB2-I) approved
Ported to company "B", I-140 (EB2-I) approved (premium - 2007)
Company "B" filed for 1st 3-year H1B extension using AC21 as backup
Filed for I-485: RD=Aug 2; ND=Sep 17
Changed to company "C" 2 months back using AC21 (don't know details of documentation sent - handled by company "C" legal department)
Company "C" filed for 2nd 3-year extension H1B using AC21as backup
FP done in Oct 2007
Used AP for Int'l travel 6 times for business trips.
Soft LUDs in Dec 2007, Feb 2008
Applied for EAD renewal in July 2008
Applied for AP renewal in Aug 2008
Waiting for I-485 approval ... No RFE yet
more...
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sunnymit
05-10 12:49 PM
the title of your thread sent a message that you know something that others don't - misleading... u want to start predictions - fine, do it but don't misguide ppl... Cheers
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rakesh_one
03-20 03:25 PM
I believe, you dont have choice but to go with EB3 of the new company. That way, you will still be in US and EB3 (India) is not going to be bad going forward as it crossed major hurdle of April'01. With April 08 bulletin, everyone learned that unused visas flow into different categories. So pretty soon, EB3 ROW will be current and there wouldnt be many people to use all of them. They will flow into EB3 India.
I needed some advice on this situation I've found myself in.
I have a PERM application filed with my current employer (EB2, Oct 2007). Like most EB2 apps, mine is under a business necessity audit and we have filed an audit response for it. My lawyers are pretty sure that we will clear the audit. Guessing from , the response may be 2-3 months away.
Now I have a second offer from another company. Everything about the job and company is better than my current, but the legal team at this second company says that they will only file in EB3 (even though the job requirement says Bachelors + 8 yrs). They say that they have other EB2 audits going on and have made it a policy to only do EB3 going forward.
I'm on the 5th year of my H1 (don't ask, had a PD of 2005, caught up in BEC and got laid off last May) and this probably will be the last chance for me to change jobs before I cool my heels and wait for the repercussions of the July Fiasco to be over with.
I can't decide of weather to keep my existing EB2 job or take the new offer and step down to EB3.
Please help!
I needed some advice on this situation I've found myself in.
I have a PERM application filed with my current employer (EB2, Oct 2007). Like most EB2 apps, mine is under a business necessity audit and we have filed an audit response for it. My lawyers are pretty sure that we will clear the audit. Guessing from , the response may be 2-3 months away.
Now I have a second offer from another company. Everything about the job and company is better than my current, but the legal team at this second company says that they will only file in EB3 (even though the job requirement says Bachelors + 8 yrs). They say that they have other EB2 audits going on and have made it a policy to only do EB3 going forward.
I'm on the 5th year of my H1 (don't ask, had a PD of 2005, caught up in BEC and got laid off last May) and this probably will be the last chance for me to change jobs before I cool my heels and wait for the repercussions of the July Fiasco to be over with.
I can't decide of weather to keep my existing EB2 job or take the new offer and step down to EB3.
Please help!
more...
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Dhundhun
10-26 01:28 PM
Huh??
I'm just curious. How will the driver read "No right turn on red"? There is no sign for that.
As far as "No right turn on red" is concerned, there could be text only (http://www.safetysystemshawaii.com/store/assets/images/product-catalog/bs_regulatory_signs/r10/sr16_4ea_18x24_hi.jpg) or sign only (http://www.trafficsignstore.com/R10-11c.jpg) or both.
For "text only" cases also drivers of other languages must honor. The sign test has several "text only" questions. I think, DMVs are making effort, so that other language driver also must know all the signs and texts - at least by taking exams.
I'm just curious. How will the driver read "No right turn on red"? There is no sign for that.
As far as "No right turn on red" is concerned, there could be text only (http://www.safetysystemshawaii.com/store/assets/images/product-catalog/bs_regulatory_signs/r10/sr16_4ea_18x24_hi.jpg) or sign only (http://www.trafficsignstore.com/R10-11c.jpg) or both.
For "text only" cases also drivers of other languages must honor. The sign test has several "text only" questions. I think, DMVs are making effort, so that other language driver also must know all the signs and texts - at least by taking exams.
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kishorep914
05-17 08:55 PM
I have been getting only 1 year extension after my first 3 years of H1. My I-140 has been approved in My 2nd year of my H1 visa. So it entirely depends on the USCIS discretion.
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karanp25
07-11 03:08 PM
Dude, in a bunch of applications - some are approvable while others require more information. Do you want them to keep waiting on unapprovable applications, with old PDs, while the clock is ticking and the unused visas go waste before Oct 2008? Guess not?
That's why they advanced the PDs to give some room to approve later PD applications that are otherwise approvable. They do not have any math involved. They were playing "inky-pinky-ponky" to pick a month & yr to set EB-2 cutoff dates for Aug VB - the only logic was to advance it to a comfortable point--nothing beyond tht. They don't care about few months here and there, and don't care if they raise hopes of some immigrations or shatter hopes of others.
Is it just me missing something? Does it make sense?
Yes. Its simple math. But if it was 10K visas a year, then why did they have to jump forward by more than 2 yrs? Nobody knows how USCIS works internally. The math that v have and the one that they have differ a lot and unexpected things (for good or bad) happen all the time.
That's why they advanced the PDs to give some room to approve later PD applications that are otherwise approvable. They do not have any math involved. They were playing "inky-pinky-ponky" to pick a month & yr to set EB-2 cutoff dates for Aug VB - the only logic was to advance it to a comfortable point--nothing beyond tht. They don't care about few months here and there, and don't care if they raise hopes of some immigrations or shatter hopes of others.
Is it just me missing something? Does it make sense?
Yes. Its simple math. But if it was 10K visas a year, then why did they have to jump forward by more than 2 yrs? Nobody knows how USCIS works internally. The math that v have and the one that they have differ a lot and unexpected things (for good or bad) happen all the time.
mattresscoil
11-12 11:57 AM
Hi,
I have an EB3-I I-485 Pending with PD Dec 04 and i am currently on 6th year of H1B. I have EAD but not using it. Spouse using EAD to work. Should i go for extension of H1B based on I-140 approval? How many years can i get H1B extension for?
I am reading conflicting posts with some saying only 1 yr extension and some saying 3 yr extension based on i-140 approval. Anybody been through this or have any info on this, I would appreciate your response. How many years can i get H1B extension for?
Thanks
smsthss:
1. You are eligible to get 3 H1B year extension based on an approved I-140. However it is up to the Immigration officer to grant you the appropriate term. The appropriate term will depend on the employer paperwork that can suggest that there is atleast 3 years worth of work available for you to do.
2. Two of my friends got their H1B extensions on the basis of approved 140 (after their 6th year). One of them provided the client letter proving that there is a lot of work for another 3 years but got an extension for 1.5 years only. My other friend submitted client work order showing work for 6 months but that guy got an H1B extension for 3 years.
Your best bet is to provide all the paperwork and request extension for 3 years and leave it up to the IO to make the decision. (Certain things are beyond our control, but the things that are must be handled well)
I have an EB3-I I-485 Pending with PD Dec 04 and i am currently on 6th year of H1B. I have EAD but not using it. Spouse using EAD to work. Should i go for extension of H1B based on I-140 approval? How many years can i get H1B extension for?
I am reading conflicting posts with some saying only 1 yr extension and some saying 3 yr extension based on i-140 approval. Anybody been through this or have any info on this, I would appreciate your response. How many years can i get H1B extension for?
Thanks
smsthss:
1. You are eligible to get 3 H1B year extension based on an approved I-140. However it is up to the Immigration officer to grant you the appropriate term. The appropriate term will depend on the employer paperwork that can suggest that there is atleast 3 years worth of work available for you to do.
2. Two of my friends got their H1B extensions on the basis of approved 140 (after their 6th year). One of them provided the client letter proving that there is a lot of work for another 3 years but got an extension for 1.5 years only. My other friend submitted client work order showing work for 6 months but that guy got an H1B extension for 3 years.
Your best bet is to provide all the paperwork and request extension for 3 years and leave it up to the IO to make the decision. (Certain things are beyond our control, but the things that are must be handled well)
YesWeWillGet
09-25 07:16 PM
1. Is it mandatory for USCIS to send the NOID/RFE for employer revoked I-140? (if the candidate is invoked AC21)
2. Can we retain the I-140 after submission of new employer's offer letter and pay stub?
3. If previous employer revokes I-140, when will the USCIS send NOID/RFE?
4. When will the employee know about the revocation in general (how many days)?
5. If one re-joins the previous employer after two months, can the employer cancel the revocation of I-140 or re-validate the I-140?
I would really appreciate for your valuable suggetions and answers.
Regards and thanks for your help
2. Can we retain the I-140 after submission of new employer's offer letter and pay stub?
3. If previous employer revokes I-140, when will the USCIS send NOID/RFE?
4. When will the employee know about the revocation in general (how many days)?
5. If one re-joins the previous employer after two months, can the employer cancel the revocation of I-140 or re-validate the I-140?
I would really appreciate for your valuable suggetions and answers.
Regards and thanks for your help
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