pappu
01-05 11:24 AM
any predictions for Feb 2009 :D:D
Tough to predict due to porting done from EB3 to EB2. All old EB3 PDs that ported to EB2 will have priority over newer EB2 PDs
Tough to predict due to porting done from EB3 to EB2. All old EB3 PDs that ported to EB2 will have priority over newer EB2 PDs
walking_dude
11-21 11:17 AM
Don't hide anonymously like a Turkey. Eat Turkey (Fight for your cause)
Happy Thanksgiving
Happy Thanksgiving
justareader
10-08 07:33 PM
Well for us EB-3, hope is what we have
bloody bulletin . never moves
I am still short of 16 days.
bloody bulletin . never moves
I am still short of 16 days.
franklin
11-16 08:06 PM
One friend of mine get his GC in the end of September/07 after filing AOS concurrently with I 140 in a middle of June 2007! His PD was Aug.2004(EB3-ROW)
Your friend was a lucky one (like me) who got a visa number allocated very quickly in that brief window. It was relatively rare, and you can guarantee that it is very far from the norm.
Like it has been mentioned in this thread:- rule of thumb, PD must be current for AOS in and out :)
Your friend was a lucky one (like me) who got a visa number allocated very quickly in that brief window. It was relatively rare, and you can guarantee that it is very far from the norm.
Like it has been mentioned in this thread:- rule of thumb, PD must be current for AOS in and out :)
more...
jsb
09-16 03:20 PM
Why even this discussion. there are many who no longer work for the sponsor even before getting the GC. What do you think happens if they find out? have you heard of anybody whose GC was affected?
There is no such true limit. The essence is that the sponsor should have had genuine need to employ you at the sponsoring time. Circumstances can always change. For example, AC21 allows people to move to different employer after 180 days of filing. If there is nothing to indicate fraudulent intent everything is good.
There is no such true limit. The essence is that the sponsor should have had genuine need to employ you at the sponsoring time. Circumstances can always change. For example, AC21 allows people to move to different employer after 180 days of filing. If there is nothing to indicate fraudulent intent everything is good.
bipin
03-18 03:28 PM
Complaining to DOL is an option, but that's a long process. I'm trying to avoid red flag gets raised and making my attorney richer by RFE, MTR etc.
Since my current company is ready to help, I'm looking for ways to get the $10K (from my this year's salary) included in the current W2 before I file my taxes.
Later I can take on my ex-employer and it can take it's own time.
This employer already hurt you by revoking your 140 and seems like you are not a big fan of his. Why don't you file a WH4 form with DOL for Feb'08 to Apr'08 salary. That way it becomes your ex-employer problem and you can explain your status all the way from Jan'08 to Apr'08.
Since my current company is ready to help, I'm looking for ways to get the $10K (from my this year's salary) included in the current W2 before I file my taxes.
Later I can take on my ex-employer and it can take it's own time.
This employer already hurt you by revoking your 140 and seems like you are not a big fan of his. Why don't you file a WH4 form with DOL for Feb'08 to Apr'08 salary. That way it becomes your ex-employer problem and you can explain your status all the way from Jan'08 to Apr'08.
more...
rpulipati
11-18 01:04 PM
http://immigrationvoice.org/forum/showpost.php?p=187106&postcount=2
Please let me know, which center you opened Service Request and is there any phone number, I can call USCIS.
Please let me know, which center you opened Service Request and is there any phone number, I can call USCIS.
GCBy3000
02-06 05:25 PM
Make sure your wife gets new H4 with valid i94. Entering with old H1 stamping does not hurt as long as it is not expired. But you should be careful not to continue with it without thinking about H4.
You might have valid H1 with new company with valid i94. You are safe until next extension, but your wife will go out of status once her I94 expires. Better to talk with your company attorney and get the H4 transfer process going.
You might have valid H1 with new company with valid i94. You are safe until next extension, but your wife will go out of status once her I94 expires. Better to talk with your company attorney and get the H4 transfer process going.
more...
bp333
11-04 10:14 AM
Hi, my 485 was rejected initially for "misisng or incorrect fee", per the rejection notice my attorney refiled the app. When refiling the app he sent two checks, one for old fee and the other to make up the difference for new fee. So, USCIS has an option to choose. Now, the Supervisor is insisting us to show evidence of a check being sent (or cashed) in the first place. The Supervisor has asked my attorney to take the time he needs and respond via fax once he's done reconciling. Now, that all the applications have been processed, my attorney has been able to reconcile the check register and confirm that they missed to send the check with my application. He is planning on writing an aplology letter to the Supervisor, do you folks think that Sprvr might receipt the app or reject ?
Given, the July fiasco, Fee increase, and the number of applications attorney's had to process these clerical errors are bound to happen I doubt if USCIS will show any leniency in this. Please let me know if any one is in a similar situation.
If the supervisor rejects the application (as its incomplete) what would be options ? Can I write a letter to USCIS director and explain him the situation and ask him to reconsider it ? Bottom line, why cannot they give us a second chance. It's evident that USCIS has done mistakes as well (improper fee rejections etc). I do understand that there is no law requiring them to return my app on time (in fact they kept it for 95 days before they rejected), if they returned my app on time I would have had a chance to return it back with fee. Any thoughts ? Thanks.
Given, the July fiasco, Fee increase, and the number of applications attorney's had to process these clerical errors are bound to happen I doubt if USCIS will show any leniency in this. Please let me know if any one is in a similar situation.
If the supervisor rejects the application (as its incomplete) what would be options ? Can I write a letter to USCIS director and explain him the situation and ask him to reconsider it ? Bottom line, why cannot they give us a second chance. It's evident that USCIS has done mistakes as well (improper fee rejections etc). I do understand that there is no law requiring them to return my app on time (in fact they kept it for 95 days before they rejected), if they returned my app on time I would have had a chance to return it back with fee. Any thoughts ? Thanks.
uma001
11-16 04:51 PM
so, 9 days means urgent....
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tampacoolie
08-04 09:04 PM
I got a bunch that has photocopies from my lawyer of everything that went out to USCIS. 485, EAD, AP for myself and my wife.
Everything is ok, except that there is an extra copy of G 28 each for myself and my wife and these extra copies are not signed by attorneys.
In the middle of the package, right above the 485 forms, there are G28 forms that are properly signed. Everywhere else there is signatures where needed. But at the bottom of the bunch, there is extra G28 for each one of us that is missing signature from the attorney.
Could this be a problem? Also, where is the URL for USCIS FAQ that states under what conditions that petitions can boomerang back to us?.
Extra missing signature shouldn't be an issue. Only if we miss G28 for one of those forms then we are in trouble.
Everything is ok, except that there is an extra copy of G 28 each for myself and my wife and these extra copies are not signed by attorneys.
In the middle of the package, right above the 485 forms, there are G28 forms that are properly signed. Everywhere else there is signatures where needed. But at the bottom of the bunch, there is extra G28 for each one of us that is missing signature from the attorney.
Could this be a problem? Also, where is the URL for USCIS FAQ that states under what conditions that petitions can boomerang back to us?.
Extra missing signature shouldn't be an issue. Only if we miss G28 for one of those forms then we are in trouble.
dpp
11-17 09:48 AM
House bill passed long back, but there are very few differences between Senate and House bills. They have to reconcile.
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glus
12-27 03:05 PM
Hello Helper!
thank you for reading my thread.
My wife entered the US on a tourist visa (B-2). She was accepted at a univeristy here in the US so she applied for a change of status (application I-539) from tourist visa (B-2) to student visa (F-1) on 30th October 2008. Her I-94 expires on January 3rd 2009 (in a few days time!) and we still have not heard anything from immigration about our case.
1. Should my wife stay here until we hear from US immigration or does my wife have to go back to her home country?
2. Will my wife be considered out-of-status if she stays here while waiting for any news from US immigration? What if her student visa gets denied?
3. What are the chances of the change-of-status being approved?
4. If her student visa gets denied, after how many days does my wife have to leave?
Thank you for all your help. Please do reply even if you do not know the answer to all questions. take care and good luck with all your immigration goals
1. She can stay here while the change of status is pending.
2. NO, she will NOT be considered out of status. Rather, she will be in period authorized by the attorney general
3. No one can answer this. If all paperwork submitted was legitimate, and there were no issues with her non-immigrant status, the petition should be approved and status changed to F-1.
4. They usually say she should leave as soon as possible.
Regards,
thank you for reading my thread.
My wife entered the US on a tourist visa (B-2). She was accepted at a univeristy here in the US so she applied for a change of status (application I-539) from tourist visa (B-2) to student visa (F-1) on 30th October 2008. Her I-94 expires on January 3rd 2009 (in a few days time!) and we still have not heard anything from immigration about our case.
1. Should my wife stay here until we hear from US immigration or does my wife have to go back to her home country?
2. Will my wife be considered out-of-status if she stays here while waiting for any news from US immigration? What if her student visa gets denied?
3. What are the chances of the change-of-status being approved?
4. If her student visa gets denied, after how many days does my wife have to leave?
Thank you for all your help. Please do reply even if you do not know the answer to all questions. take care and good luck with all your immigration goals
1. She can stay here while the change of status is pending.
2. NO, she will NOT be considered out of status. Rather, she will be in period authorized by the attorney general
3. No one can answer this. If all paperwork submitted was legitimate, and there were no issues with her non-immigrant status, the petition should be approved and status changed to F-1.
4. They usually say she should leave as soon as possible.
Regards,
hebbar77
09-16 12:25 PM
I am not sure if there is a law that requires us to stay with the GC employer after getting GC. However, many lawyers have suggested a general rule of thumb of at least 6 months after getting GC approval.
However, the rule that can be invoked to prove you have stayed with the GC sponsoring company could be the 245(i) which requires a 180 days after filing 485 application, which I believe many of us must have already abided by.....
I heard it is 6 months from many sources(no-attorney ). The rule is you should have had genuine intention of working for sponsoring employer after GC. Eg , if you switch in a week after GC, it is obvious you did not have such intention....
6 months is long enough for me if I were to switch. But of course you need to have something better than current thing to switch!!
Also have a genuine unforseen reason due to which you need to leave your sponsoring GC employer.
Note : I am not a attorney...
However, the rule that can be invoked to prove you have stayed with the GC sponsoring company could be the 245(i) which requires a 180 days after filing 485 application, which I believe many of us must have already abided by.....
I heard it is 6 months from many sources(no-attorney ). The rule is you should have had genuine intention of working for sponsoring employer after GC. Eg , if you switch in a week after GC, it is obvious you did not have such intention....
6 months is long enough for me if I were to switch. But of course you need to have something better than current thing to switch!!
Also have a genuine unforseen reason due to which you need to leave your sponsoring GC employer.
Note : I am not a attorney...
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GCSOON-Ihope
11-13 06:09 PM
So just to have the last word you somehow went in deleted all the following posts after your post? Good going!
No, my dear, I did not delete anything! Mr.Pappu maybe?
Alright, now you have to answer again to get the last word!
Hurry up before the censorship deletes everything (they must be tired of us)!:) :)
No, my dear, I did not delete anything! Mr.Pappu maybe?
Alright, now you have to answer again to get the last word!
Hurry up before the censorship deletes everything (they must be tired of us)!:) :)
somegchuh
11-13 05:38 PM
So just to have the last word you somehow went in deleted all the following posts after your post? Good going!
Some people are really highly sprung and get mad very quickly!
If you had expressed yourself better (from your first post, I believed you wanted to file by yourself), I wouldn't have bothered with my response.
Saying that, you are right: attorneys do screw up. It happened to me...
But practically speaking, considering how complex a file can be, good luck to you on checking an attorney's job.
Some people are really highly sprung and get mad very quickly!
If you had expressed yourself better (from your first post, I believed you wanted to file by yourself), I wouldn't have bothered with my response.
Saying that, you are right: attorneys do screw up. It happened to me...
But practically speaking, considering how complex a file can be, good luck to you on checking an attorney's job.
more...
JupiterTransit
08-27 06:32 PM
A friend of mine filed a few days before me and got his EAD a few days ago..from TSC.Hoping the July 2nd rush would not affect me by more than a few weeks.My lawyer is not able to confirm if the checks were cashed. I cannot tell if the checks were cashed either as these were checks from my company.
The lawyer however mentioned that my premium processing check may return (I-140) and my application may have gone in regular queue. Everything is speculation for now..Any one else in the same boat or can throw more light...
The lawyer however mentioned that my premium processing check may return (I-140) and my application may have gone in regular queue. Everything is speculation for now..Any one else in the same boat or can throw more light...
naveenpratapsingh
08-17 05:57 PM
Hi Prem,
Thank you very much for the insight of my issue. Just want to inform you that my employer(who intitiated the transfer now) are the employer and the client for me. Hopefully I might not get any RFE and as you said if I get the reciept number after 14 or 15 calendar days and update the result of petition in a week or so, that would be great.
Once again thank you very much for your reply. I will keep posted about my status.
-Matt
Did you get the approval or receipt?
Thank you very much for the insight of my issue. Just want to inform you that my employer(who intitiated the transfer now) are the employer and the client for me. Hopefully I might not get any RFE and as you said if I get the reciept number after 14 or 15 calendar days and update the result of petition in a week or so, that would be great.
Once again thank you very much for your reply. I will keep posted about my status.
-Matt
Did you get the approval or receipt?
Green.Tech
07-18 01:39 PM
Folks,
Not to hijack the message posted by the OP, I have a question:
If I file 485 at this time with EB-3 labor approval, can i still upgrade to EB-2 later with the same employer (after 485 has been filed). I understand that the employer will have to redo the PERM and 140 but is it doable? At what stage will I be able to port the PD from my EB-3 labor in that case?
Anyone who has done that before? Ideas?
Not to hijack the message posted by the OP, I have a question:
If I file 485 at this time with EB-3 labor approval, can i still upgrade to EB-2 later with the same employer (after 485 has been filed). I understand that the employer will have to redo the PERM and 140 but is it doable? At what stage will I be able to port the PD from my EB-3 labor in that case?
Anyone who has done that before? Ideas?
waitnwatch
07-25 04:26 PM
I'm addressing the last part of your question about the cost of applying for H4. The form is pretty simple so you can do it yourself. Just ensure that you have attached copies of all required documents. The instructions to the form will guide you through the process.
singhsa3
12-13 11:58 AM
What would we do without you...
The U.S. Department of State (DOS) Visa Bulletin for January 2008 contains more bad news for Indian nationals in the EB2 category. The cutoff date for EB2, India, retrogressed by two additional years, to January 1, 2000. Moreover, the prediction contained in the Visa Bulletin for EB2, India, is that the annual limit could be reached within the next few months. If this occurs, the category will become "unavailable" for the remainder of the fiscal year.
The explanation for this is simply that demand for visa numbers by the USCIS for EB2, India, adjustment-of-status cases far exceeds supply
EB3 cutoff dates either remained unchanged or moved slightly forward, depending upon country of chargeability. The January Visa Bulletin cutoff dates become effective on January 1, 2008. Until that time, the December 2007 Visa Bulletin cutoff dates remain valid.
thanks
ram
The U.S. Department of State (DOS) Visa Bulletin for January 2008 contains more bad news for Indian nationals in the EB2 category. The cutoff date for EB2, India, retrogressed by two additional years, to January 1, 2000. Moreover, the prediction contained in the Visa Bulletin for EB2, India, is that the annual limit could be reached within the next few months. If this occurs, the category will become "unavailable" for the remainder of the fiscal year.
The explanation for this is simply that demand for visa numbers by the USCIS for EB2, India, adjustment-of-status cases far exceeds supply
EB3 cutoff dates either remained unchanged or moved slightly forward, depending upon country of chargeability. The January Visa Bulletin cutoff dates become effective on January 1, 2008. Until that time, the December 2007 Visa Bulletin cutoff dates remain valid.
thanks
ram
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