kondur_007
07-26 08:31 PM
I agree with the post above.
I think the best option he has is to speak with the CBP officer at the port of entry and explain him the situation: that he wanted to use automatic visa revalidation and by mistake he surrendered I 94. Hopefully he will issue a new I 94 for him. But more likely he will ask him to go to the consulate and get the new stamp.
What he should NOT do is: to enter on the attached I 94 on H1 visa extension approval (the reason is technical: usually the I 94 that comes attached with change of status has the SAME number as your old I 94 attached to passport; so for practical pusposes, he has surrender both his I 94s). If he now enters with the I94 attached with H1 approval, (and as that is already cancelled when he surrendered other I 94), he will be considered present illegally. This would have much worse consequencies than to wait in Torronto and get the visa stamped.
Good Luck.
I think the best option he has is to speak with the CBP officer at the port of entry and explain him the situation: that he wanted to use automatic visa revalidation and by mistake he surrendered I 94. Hopefully he will issue a new I 94 for him. But more likely he will ask him to go to the consulate and get the new stamp.
What he should NOT do is: to enter on the attached I 94 on H1 visa extension approval (the reason is technical: usually the I 94 that comes attached with change of status has the SAME number as your old I 94 attached to passport; so for practical pusposes, he has surrender both his I 94s). If he now enters with the I94 attached with H1 approval, (and as that is already cancelled when he surrendered other I 94), he will be considered present illegally. This would have much worse consequencies than to wait in Torronto and get the visa stamped.
Good Luck.
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varshadas
06-18 07:05 AM
IRS can also FAX the tax forms and W-2's but they do not have that information for the latest tax year. This means that they will not be able to provide you with the 2006 tax return. Also, my lawyer asked me for W2's of past 3 years. Both my husband (since he is on H1 too) and I had to provide W2's of 2004, 2005 and 2006
Thanks,
Varsha
Thanks,
Varsha
iman.karta
12-27 04:02 PM
Hi all,
I do have a worry about I140 processing and I hope somebody can help me.
I finally got my LC approved and now in the concurrent I140 and I485 filling process.
However, I noticed that there is a minor mistake in filling on my ETA9089.
My OPT expired on August 14th, 2006 and my H1-B was approved Dec 12th2006. However in the job experience part, there is a booboo. Instead of putting the start date as January 15th, 2007 (which was the date I started working in the company), they put August 14th, 2006. So from USCIS standing point of view, it could mean that I work during the gap between my OPT and H1-B! :(
Now I am worried sick that they will deny my I-140.
Any inputs anybody?
I do have a worry about I140 processing and I hope somebody can help me.
I finally got my LC approved and now in the concurrent I140 and I485 filling process.
However, I noticed that there is a minor mistake in filling on my ETA9089.
My OPT expired on August 14th, 2006 and my H1-B was approved Dec 12th2006. However in the job experience part, there is a booboo. Instead of putting the start date as January 15th, 2007 (which was the date I started working in the company), they put August 14th, 2006. So from USCIS standing point of view, it could mean that I work during the gap between my OPT and H1-B! :(
Now I am worried sick that they will deny my I-140.
Any inputs anybody?
2011 New Era Houston Astros
ferozmd
09-21 04:12 PM
I'm in the same boat.
Applied for 485/Ap/EAD on July 18th. Pending I140 was approved on Sep 14th. Checked online status the same day and LUD was 9/14.
After reading your post today, I checked the online status again and the LUD is 9/17.
Applied for 485/Ap/EAD on July 18th. Pending I140 was approved on Sep 14th. Checked online status the same day and LUD was 9/14.
After reading your post today, I checked the online status again and the LUD is 9/17.
more...
sertasheep
10-15 09:08 PM
Dear IV Members,
Plans for Next Call
As I draft this post, we are working on the specifics of organizing the next call. We intend to have the call next friday, 20 Oct 2006, and are awaiting confirmation. Please watch out for more information on the forums in the next couple of days.
Range of questions for the upcoming call
At this time, the list of questions has been frozen for the next call. The range of accepted questions is between 71 and 100. This post is being communicated so that members can plan to be present for any follow-up questions they may request the attorney in real-time
Questions not accepted by the attorney
Questions with the following IDs were not accepted by the attorney for the upcoming call: 87, 91, 95, 99
Why was my question not taken up?
The following is a list of probable reasons why certain questions may not have been accepted. This list, is of course, not exhaustive.
- too complicated for a call requiring further discussion or research
- lack of clarity in the law on specific situations
- incomplete
- too generic
- frivioulous
- no previous incidence that the attorney can draw upon without significant research(new situation)
Sending us your questions
We also request members to not send emails from corporate email accounts. It is IV's policy to refrain as much as possible from sending email to members that may constitute as spam.
While we do not want to spam you, there might be exceptional situations wherein we may need to alert you of last-minute changes, and corporate email accounts might consider such alerts(if at all, any) as spam and may hence be filtered.
Keep 'em coming
Lastly, do not let a rejected question deter you from sending in new questions. We encourage you to keep sending in your questions so that we can leverage the attorney's pro bono service.
Enhancing and streamlining the conf. call process
We realize that certain questions may be time-sensitive, and may no longer be relevant when we finalize on a conference call date. Please bear with us as we streamline the process and make our response times better.
Thank you
Plans for Next Call
As I draft this post, we are working on the specifics of organizing the next call. We intend to have the call next friday, 20 Oct 2006, and are awaiting confirmation. Please watch out for more information on the forums in the next couple of days.
Range of questions for the upcoming call
At this time, the list of questions has been frozen for the next call. The range of accepted questions is between 71 and 100. This post is being communicated so that members can plan to be present for any follow-up questions they may request the attorney in real-time
Questions not accepted by the attorney
Questions with the following IDs were not accepted by the attorney for the upcoming call: 87, 91, 95, 99
Why was my question not taken up?
The following is a list of probable reasons why certain questions may not have been accepted. This list, is of course, not exhaustive.
- too complicated for a call requiring further discussion or research
- lack of clarity in the law on specific situations
- incomplete
- too generic
- frivioulous
- no previous incidence that the attorney can draw upon without significant research(new situation)
Sending us your questions
We also request members to not send emails from corporate email accounts. It is IV's policy to refrain as much as possible from sending email to members that may constitute as spam.
While we do not want to spam you, there might be exceptional situations wherein we may need to alert you of last-minute changes, and corporate email accounts might consider such alerts(if at all, any) as spam and may hence be filtered.
Keep 'em coming
Lastly, do not let a rejected question deter you from sending in new questions. We encourage you to keep sending in your questions so that we can leverage the attorney's pro bono service.
Enhancing and streamlining the conf. call process
We realize that certain questions may be time-sensitive, and may no longer be relevant when we finalize on a conference call date. Please bear with us as we streamline the process and make our response times better.
Thank you
bnaredla1382
08-06 11:54 AM
Hi
I am planning to port my EB3 to EB2 but I donot have the Approval copy of my I-140 of my EB3 (But I have the receipt number) and I asked my privious Employer(who applied my case in EB3 and I used AC21 and moved to another company) for a copy of approved I-140 and he is not willing to give it to me.
Can I still port with out having I-140 approval copy of EB3? if yes, how?
I am planning to port my EB3 to EB2 but I donot have the Approval copy of my I-140 of my EB3 (But I have the receipt number) and I asked my privious Employer(who applied my case in EB3 and I used AC21 and moved to another company) for a copy of approved I-140 and he is not willing to give it to me.
Can I still port with out having I-140 approval copy of EB3? if yes, how?
more...
sri1309
11-14 07:58 AM
All,
Here is a hypo situation.
I am sorry this may have been discussed before,.
If 485 from current company is denied, can I use i-140 and EAD and join a different company and have my status safe.. If so, what will be my next steps and what will jhave to be applied again. Current company , lets say will not revoke 140.
Here is a hypo situation.
I am sorry this may have been discussed before,.
If 485 from current company is denied, can I use i-140 and EAD and join a different company and have my status safe.. If so, what will be my next steps and what will jhave to be applied again. Current company , lets say will not revoke 140.
2010 2010 Houston Astros
ramesh-u
05-20 08:00 PM
I got approved email within 2 weeks but still waiting for the actual forms.. Just write Expedite on the top of the cover. Again, it depends on the Immigration officer.
more...
mchhokar
05-15 03:20 PM
All above dates are 2009. My L1 B (Individual) expired in February. So I am already around 3 months over my L1 status.
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TwinkleM
07-02 02:16 AM
If the H1 - transfer gets denied, isn't there an option of filling a appeal? I guess, one has 15 days to get out of the country, but he or she ca file & appeal & stay in the country but cannot work...
Pls. correct me if I am wrong...
Pls. correct me if I am wrong...
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gctoget
08-10 06:31 PM
bump
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illusions
03-17 03:14 PM
Does anybody know how one can (if at all possible) to switch from EB3 to EB2 ? what is the criteria ? Has anybody done it ?
Any light on this subject will help
Any light on this subject will help
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perm2gc
09-06 01:07 PM
Her petetion is filed in May. And she travelled out of USA last month. So you need to do is to start working and get a visa stamp of H1 when you go out of the country. Can you please stop advertising on the board about your company..
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upuaut
10-04 01:36 AM
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KLKJ
06-16 06:26 PM
I' am new here and find it hard to find my way through the "post all you want wherever you want":) feel that this forum gives me.
Anyways, is there anyone out there waiting on an EAD from VSC? I hoped to see an EAD section or service center section on the forum but...
I e-filed since November 3rd 2009 for EAD and did submit absolutely all required info, did biometrics in Feb.2010 not without having to inquire couple of times about the progress of my case. To this day I have received nothing that makes sense. It is an initial card.
Yes, I have done plenty of SRE, calls, mails with return receipt until I saw a movement on my case status. My card was mailed on May 26 2010. To my surprise, after 7 painful months of wait for a card that should take around 3 months; the card for some reasons (that the post office refuse to accept as being accurate) was being returned as undeliverable on the 1st of June and again the 8th of June:confused::confused::confused::confused:: (I did call USCIS between that time time period to provide the address they already had!!!).
I have not moved at all lately. The last change of address that I did was done by mail with return receipt, online, over the phone and I did receive a mail back at my new address stating that I did update my info. It was done in Novedmber 2009!!!!
Out of the blue, the address at which I received my biometrics appointment and all other documents following the many calls and inquiries was not right when it came to mail my card....:D
The post office that I did contact told me they had no reason to not deliver that particular mail since, yes my full name is displayed on the mail box, and yes it is a house not an apartment so less mismatches an all my other mails were dlivered... I have of course updated the address that they already have couple of times already but all I can do is wait ... Oh and I did the infopass as well, they could only type a note and give me a number linked to the inquiry like I get all the time. My DL expires tomorrow and the DMV won't renew without EAD or GC ...new policy at DMV!(my I485 is pending on I360 approved)
That's where my actual burden is because I have to drive myself to school and not being able to do so is just a living nightmare for me.
Now that you get the picture, I wonder if anyone who filed for an EAD at VSC since last year is still waiting? Is there any special backlog at VSC for EAD's that could help me start to understand what is going on here?
Anyways, is there anyone out there waiting on an EAD from VSC? I hoped to see an EAD section or service center section on the forum but...
I e-filed since November 3rd 2009 for EAD and did submit absolutely all required info, did biometrics in Feb.2010 not without having to inquire couple of times about the progress of my case. To this day I have received nothing that makes sense. It is an initial card.
Yes, I have done plenty of SRE, calls, mails with return receipt until I saw a movement on my case status. My card was mailed on May 26 2010. To my surprise, after 7 painful months of wait for a card that should take around 3 months; the card for some reasons (that the post office refuse to accept as being accurate) was being returned as undeliverable on the 1st of June and again the 8th of June:confused::confused::confused::confused:: (I did call USCIS between that time time period to provide the address they already had!!!).
I have not moved at all lately. The last change of address that I did was done by mail with return receipt, online, over the phone and I did receive a mail back at my new address stating that I did update my info. It was done in Novedmber 2009!!!!
Out of the blue, the address at which I received my biometrics appointment and all other documents following the many calls and inquiries was not right when it came to mail my card....:D
The post office that I did contact told me they had no reason to not deliver that particular mail since, yes my full name is displayed on the mail box, and yes it is a house not an apartment so less mismatches an all my other mails were dlivered... I have of course updated the address that they already have couple of times already but all I can do is wait ... Oh and I did the infopass as well, they could only type a note and give me a number linked to the inquiry like I get all the time. My DL expires tomorrow and the DMV won't renew without EAD or GC ...new policy at DMV!(my I485 is pending on I360 approved)
That's where my actual burden is because I have to drive myself to school and not being able to do so is just a living nightmare for me.
Now that you get the picture, I wonder if anyone who filed for an EAD at VSC since last year is still waiting? Is there any special backlog at VSC for EAD's that could help me start to understand what is going on here?
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phillyag
05-19 03:10 PM
Yates memo dated May 12, 2005 - is it still valid and has there been any change to it since its out ?
I want to specifically focus on the following question:
Question 8. Can an alien port to self-employment under INA � 204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
Does this still hold good ? And if it does can someone help me understand the criteria mentioned here. Too much of technical jargon
I want to specifically focus on the following question:
Question 8. Can an alien port to self-employment under INA � 204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
Does this still hold good ? And if it does can someone help me understand the criteria mentioned here. Too much of technical jargon
more...
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mihird
05-18 02:37 PM
I had a very good experience with him..his charges are reasonable...I don't know his contact info off the back, but you can google up the words Virendra, Goswami and Immigration, and should be able to pull up his contact info...
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chanduv23
11-02 11:47 AM
Check out the pics from http://immigrationvoice.blogspot.com and get inspired by the positive response from the NJ meet
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snathan
02-23 06:59 PM
I have a B.E in Electronics (4 years) and an PGDM in IT (2 years) from India but my I140 is denied on the basis that my PGDM School in India would accept 3 years undergrad and thus the education is not equivalent to M.S in US. I did send the educational evaluation along with I140 but the decision was made on the descretion on CIS.
Please advice if I should refile with education evaluation from anothe agency.
Its all depends on what you have in the PERM requirement. It shouldn’t be an issue when you have an B.E - 4 years. But the USCIS says the PGDM accepts 3 years bachelor also and I am not sure how that’s matter for your individual case. Talk to a competent attorney.
They are not disputing your B.E but your PGDM...
Please advice if I should refile with education evaluation from anothe agency.
Its all depends on what you have in the PERM requirement. It shouldn’t be an issue when you have an B.E - 4 years. But the USCIS says the PGDM accepts 3 years bachelor also and I am not sure how that’s matter for your individual case. Talk to a competent attorney.
They are not disputing your B.E but your PGDM...
mrajatish
06-25 06:46 PM
does that mean no hope left ? what r the other options ? isn't this whole process is for future employment and if i am licensed now than whats the problem in future employment i don't understand that part "future employment". i am on h1 now and if i will get my residency than i will be working at that position and i am licensed now. then why does the old date matters.
is it true guys ??
Because the LC is for a particular qualiication that needs to have happenned at that time - would it be ok if they calculate a new LC salary by adding the inflation?
is it true guys ??
Because the LC is for a particular qualiication that needs to have happenned at that time - would it be ok if they calculate a new LC salary by adding the inflation?
gparr
May 19th, 2004, 02:57 PM
I agree with you 100%. As we've discussed before, it's still a great motivator to both get off our butts and to shoot something different.
Gary
Gary
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