rajuseattle
08-14 05:31 PM
raminmd,
dont worry your attorney knows the process of contacting Service centre folks in these type of situation where USCIS erroneously rejected your wife's I-485 petition.
He will know thro' his AILA liason the appropriate procedure to get hold of USCIS and correct this situation.
Your wife wont be out of status, since she entered on H-4 dependent status, once her I-485 gets in processing queue she will be in AoS pending status and that will let her stay in this country until USCIS gets her GC.
Make sure her application somehow gets to USCIS AoS adjudication unit and you receive the USCIS receipt notice establishing her Priority date similar to yours on the I-485 receipt notice. you can apply for her EAD and AP so that she can work and travel outside of US using her AP.
Hope this helps you.
dont worry your attorney knows the process of contacting Service centre folks in these type of situation where USCIS erroneously rejected your wife's I-485 petition.
He will know thro' his AILA liason the appropriate procedure to get hold of USCIS and correct this situation.
Your wife wont be out of status, since she entered on H-4 dependent status, once her I-485 gets in processing queue she will be in AoS pending status and that will let her stay in this country until USCIS gets her GC.
Make sure her application somehow gets to USCIS AoS adjudication unit and you receive the USCIS receipt notice establishing her Priority date similar to yours on the I-485 receipt notice. you can apply for her EAD and AP so that she can work and travel outside of US using her AP.
Hope this helps you.
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praveenmoluguri
09-20 04:24 PM
My 140 was received at TSC on 23 APR 2007. I also have an lud 08/05 which is a sunday.
does anybody see a pattern.
does anybody see a pattern.
sent4dc
08-25 06:07 PM
Hi everyone:
I'd appreciate if someone could give me an advice here. I am currently on the 6th year of H1B. It is expiring on Jan 31, 2008. Technically I will need a 7th year extension. My Labor Certification for Green Card (EB2, PD: Dec, 2002) was approved back in July, 07 and I filed I-140 and I-485 concurrently in the end of July. So far I have not received a receipt or anything back from them.
What shall I do in this situation -- can I apply for H1B extension now? Any advice will be appreciated.
I'd appreciate if someone could give me an advice here. I am currently on the 6th year of H1B. It is expiring on Jan 31, 2008. Technically I will need a 7th year extension. My Labor Certification for Green Card (EB2, PD: Dec, 2002) was approved back in July, 07 and I filed I-140 and I-485 concurrently in the end of July. So far I have not received a receipt or anything back from them.
What shall I do in this situation -- can I apply for H1B extension now? Any advice will be appreciated.
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shirish
03-12 02:54 PM
This is not a PD transfer case rather it is AC21 case.
One says, I can only remove my Future employer "X", who has filed for my GC, and carry my Priority Date , AFTER I get new PERM and new I140 from the new company.
Other one says, don't worry just move to new Employer and I don't need to refile PERM and I140.
Both lawyers are mentioned over 10 times on this web-site and both are VERY reputed.
I have NEVER worked for employer X, It was a future position and I may still join them.
I have approved 140 and 485 is pending for about 9 months.
EAD is approved and so is AP.
Please help guys!
One says, I can only remove my Future employer "X", who has filed for my GC, and carry my Priority Date , AFTER I get new PERM and new I140 from the new company.
Other one says, don't worry just move to new Employer and I don't need to refile PERM and I140.
Both lawyers are mentioned over 10 times on this web-site and both are VERY reputed.
I have NEVER worked for employer X, It was a future position and I may still join them.
I have approved 140 and 485 is pending for about 9 months.
EAD is approved and so is AP.
Please help guys!
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gcwanter
04-12 11:56 AM
http://ivwiki.com
i believe it was idlinggc
i believe it was idlinggc
Leo07
11-29 06:51 PM
Your's is a tricky situation.
First gather all the documents you have and would be necessary to convince the consular...to prove yours is a minor offence and done with out much knowledge of the system... blah blah blah...
Secondly, find out how long the offence will stay in your record...no clue what you did and don't want to know either.
Third, weigh your options...and take a risk if you should.
I am an F1 grad student - I was planning on going home this winter, and while there I would have to renew my visa so as to be able to re-enter the US.
However, while filling out the forms to set up an appointment for the renewal interview, I remembered that I had a misdemeanor conviction (I pled guilty) for bad checks (this was a very long time ago, about 6 years - it was a bad time, I made some mistakes). When I say 'yes', on the DS-156 form, in response to the question regarding criminal convictions, how likely is it that I will have my visa renewed? Isn't is usually the case that consular officers are looking for any reason to deny visas/renewals?
It seems like my only option is to postpone/cancel my trip, if I want to be able to come back to complete my studies.
Any advice would be greatly appreciated.
First gather all the documents you have and would be necessary to convince the consular...to prove yours is a minor offence and done with out much knowledge of the system... blah blah blah...
Secondly, find out how long the offence will stay in your record...no clue what you did and don't want to know either.
Third, weigh your options...and take a risk if you should.
I am an F1 grad student - I was planning on going home this winter, and while there I would have to renew my visa so as to be able to re-enter the US.
However, while filling out the forms to set up an appointment for the renewal interview, I remembered that I had a misdemeanor conviction (I pled guilty) for bad checks (this was a very long time ago, about 6 years - it was a bad time, I made some mistakes). When I say 'yes', on the DS-156 form, in response to the question regarding criminal convictions, how likely is it that I will have my visa renewed? Isn't is usually the case that consular officers are looking for any reason to deny visas/renewals?
It seems like my only option is to postpone/cancel my trip, if I want to be able to come back to complete my studies.
Any advice would be greatly appreciated.
more...
amitkhare77
08-14 11:20 PM
Hi Gurus
I have applied I-485 for me and my spouse. I did not apply for EAD as my H1B is valid until Nov 2009 and visa is stamped untill June 2008. My wife is also on H1B, stamping valid until April 2009. I heard that if I apply for EAD the immigration officer at port of entry might ask advance parol where as if I continue to use my H1B I can travel anytime without any problem
here is the question - should I apply EAD & Advance parol before 17th to take advantage of old fees structure? or wait for the I -485 receipt or DO not apply untill my H1B is valid?
thanks in advance
I have applied I-485 for me and my spouse. I did not apply for EAD as my H1B is valid until Nov 2009 and visa is stamped untill June 2008. My wife is also on H1B, stamping valid until April 2009. I heard that if I apply for EAD the immigration officer at port of entry might ask advance parol where as if I continue to use my H1B I can travel anytime without any problem
here is the question - should I apply EAD & Advance parol before 17th to take advantage of old fees structure? or wait for the I -485 receipt or DO not apply untill my H1B is valid?
thanks in advance
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iq5203
01-20 07:12 PM
This is the only country in the world which experiences this constant and repeated rebirth. Other countries depend upon the multiplication of their own native people. This country is constantly drinking strength out of new sources by the voluntary association with it of great bodies of strong men and forward-looking women out of other lands. And so by the gift of the free will of independent people it is being constantly renewed from generation to generation by the same process by which it was originally created. �.. We came to America, either ourselves or in the persons of our ancestors, to better the ideals of men, to make them see finer things than they had seen before, to get rid of the things that divide and to make sure of the things that unite. It was but an historical accident no doubt that this great country was called the "United States"; yet I am very thankful that it has that word "United" in its title, and the man who seeks to divide man from man, group from group, interest from interest in this great Union is striking at its very heart. ----Woodrow Wilson
Nearly all Americans have ancestors who braved the oceans�liberty-loving risk takers in search of an ideal�the largest voluntary migrations in recorded history. Across the Pacific, across the Atlantic, they came from every point on the compass�many passing beneath the Statue of Liberty�with fear and vision, with sorrow and adventure, fleeing tyranny or terror, seeking haven, and all seeking hope�Immigration is not just a link to America�s past; it�s also a bridge to America�s future. � George H. W. Bush
I received a letter just before I left office from a man. I don�t know why he chose to write it, but I�m glad he did. He wrote that you can go to live in France, but you can�t become a Frenchman. You can go to live in Germany or Italy, but you can�t become a German, an Italian. He went through Turkey, Greece, Japan and other countries. But he said anyone, from any corner of the world, can come to live in the United States and become an American. � Ronald Reagan
Our attitude toward immigration reflects our faith in the American ideal. We have always believed it possible for men and women who start at the bottom to rise as far as their talent and energy allow. Neither race nor place of birth should affect their chances. � Robert F. Kennedy
Remember, remember always, that all of us, and you and I especially, are descended from immigrants and revolutionists. � Franklin D. Roosevelt
K, who reads and posts to antiimmigrant websites? That's like giving them validation. Anyone on there ain't gonna listen to a word you say.
Nearly all Americans have ancestors who braved the oceans�liberty-loving risk takers in search of an ideal�the largest voluntary migrations in recorded history. Across the Pacific, across the Atlantic, they came from every point on the compass�many passing beneath the Statue of Liberty�with fear and vision, with sorrow and adventure, fleeing tyranny or terror, seeking haven, and all seeking hope�Immigration is not just a link to America�s past; it�s also a bridge to America�s future. � George H. W. Bush
I received a letter just before I left office from a man. I don�t know why he chose to write it, but I�m glad he did. He wrote that you can go to live in France, but you can�t become a Frenchman. You can go to live in Germany or Italy, but you can�t become a German, an Italian. He went through Turkey, Greece, Japan and other countries. But he said anyone, from any corner of the world, can come to live in the United States and become an American. � Ronald Reagan
Our attitude toward immigration reflects our faith in the American ideal. We have always believed it possible for men and women who start at the bottom to rise as far as their talent and energy allow. Neither race nor place of birth should affect their chances. � Robert F. Kennedy
Remember, remember always, that all of us, and you and I especially, are descended from immigrants and revolutionists. � Franklin D. Roosevelt
K, who reads and posts to antiimmigrant websites? That's like giving them validation. Anyone on there ain't gonna listen to a word you say.
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capriol
05-15 04:15 PM
I got my GC last year auguest but her gc/485 status is stil pending. Is it even possible based on her case was dependent on me? What can I do abt it. Thanks.
Dear Shidsar:
this is more of a question for you: Are you then one of the lucky ones from EB2-I to have got your GC when PD's became current for a brief while last year? Lucky you.
Dear Shidsar:
this is more of a question for you: Are you then one of the lucky ones from EB2-I to have got your GC when PD's became current for a brief while last year? Lucky you.
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wanaparthy
03-24 12:39 PM
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rameshnaik
08-06 08:19 PM
Yes, I saw a LUD on approved I-140 on 07/13.
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buddyinsd
02-09 12:41 PM
Yet another self-destruct case...trying something stupid
Court orders man to keep away from Facebook founder | AHN (http://www.allheadlinenews.com/briefs/articles/90033787?Court%20orders%20man%20to%20keep%20away%2 0from%20Facebook%20founder)
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stemcell
02-26 01:21 PM
Guys, Sorry for my ignorance but
I was checking vfs-usa.co.in website and in "Immigrant Visas for East & West " section, its written
An immigrant visa allows the person receiving it to live and work indefinitely in the United States. Immigrant visas are issued based on approved I-129F, I-130, I-140, I-360, or I-600 petitions that establish a family- or employment-based relationship between the petitioner and the beneficiary.
I have my I140 approved through a american company and my h1b is getting expired in june 09.
According to above wordings, I can get a visa to live and work indefinitely,based on my approved I140. I have never heard about it.
Might be some one can explain what is exactly means.
Thanks in advance!!!!
https://www.vfs-usa.co.in/ApplnForms/CalendarDatesFrame.aspx?param=+Vv1l5af10Fj9LRisYRG lOas6VuVWZj874VfIUoa8/i/nDTCOq948rhTtLbfrAqki7SQQWSNLLD/GVTVwV9esxn7sbFyXKFBIf+0MhxDK3lO9SX9/icHZuOj59V0yrWmbfsA8p25o30TIxXH2iKk9vG7LmdlwDBGv8D MV/ZPB+VjmunVn3/J5jOdBHdnIQXmWzpfrp/QRvDdsax0+vpHY8y9UxMiJXWBkQgbatE9DwFZgut4/12t7UswvdMDdKj9uk1Aj8HjxeTpMC8IoZ2LHA==
Having an approved I-140 does not mean you can 'indefinetely' work and live here automatically.
It is ONE of the steps to clear on the road to legal immigration.
Please consult your lawyer and he should direct you as to what to do next.......
I was checking vfs-usa.co.in website and in "Immigrant Visas for East & West " section, its written
An immigrant visa allows the person receiving it to live and work indefinitely in the United States. Immigrant visas are issued based on approved I-129F, I-130, I-140, I-360, or I-600 petitions that establish a family- or employment-based relationship between the petitioner and the beneficiary.
I have my I140 approved through a american company and my h1b is getting expired in june 09.
According to above wordings, I can get a visa to live and work indefinitely,based on my approved I140. I have never heard about it.
Might be some one can explain what is exactly means.
Thanks in advance!!!!
https://www.vfs-usa.co.in/ApplnForms/CalendarDatesFrame.aspx?param=+Vv1l5af10Fj9LRisYRG lOas6VuVWZj874VfIUoa8/i/nDTCOq948rhTtLbfrAqki7SQQWSNLLD/GVTVwV9esxn7sbFyXKFBIf+0MhxDK3lO9SX9/icHZuOj59V0yrWmbfsA8p25o30TIxXH2iKk9vG7LmdlwDBGv8D MV/ZPB+VjmunVn3/J5jOdBHdnIQXmWzpfrp/QRvDdsax0+vpHY8y9UxMiJXWBkQgbatE9DwFZgut4/12t7UswvdMDdKj9uk1Aj8HjxeTpMC8IoZ2LHA==
Having an approved I-140 does not mean you can 'indefinetely' work and live here automatically.
It is ONE of the steps to clear on the road to legal immigration.
Please consult your lawyer and he should direct you as to what to do next.......
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vikramy
06-05 03:12 PM
Some of the answers i know. I did a H1 transfer in 2004 and travelled to india.
I have to leave for India on Saturday for my wedding next weekend.
My possible scenarios :-
1, Case status online changes to Approved, I can travel to India before receiving the approval notice ?
Yes. Make arrangements for your company to send you these approval notice to India
2, Case status is still pending, they need more RFE. In that case, can I ask my new company to provide the RFE when I am in India ?
For h1 transfer i think yes. Alway your company responds. You need to just provide the info. confirm with others, i am not completely confident
3, Case status approved, I wait for a couple of days before I get my I-797 approval notice, that means I will have to change my travel plans. I really can't put it off, since I am traveling for my wedding next weekend.
You can travel and your company can send you the approval. I did it in 2004
Can someone advise ?
My travel to India is definitely happening, but can I go and get my visa renewed along with my wife, and come back ?
yes, but your visa has to be renewed on new approval. Old approval may not be valid. If you already have a valid visa you don't need a new visa. (This was what i was told that time. Things may have changed) Always better to get a new stamping
Thanks, and keep up all the good work.
I have to leave for India on Saturday for my wedding next weekend.
My possible scenarios :-
1, Case status online changes to Approved, I can travel to India before receiving the approval notice ?
Yes. Make arrangements for your company to send you these approval notice to India
2, Case status is still pending, they need more RFE. In that case, can I ask my new company to provide the RFE when I am in India ?
For h1 transfer i think yes. Alway your company responds. You need to just provide the info. confirm with others, i am not completely confident
3, Case status approved, I wait for a couple of days before I get my I-797 approval notice, that means I will have to change my travel plans. I really can't put it off, since I am traveling for my wedding next weekend.
You can travel and your company can send you the approval. I did it in 2004
Can someone advise ?
My travel to India is definitely happening, but can I go and get my visa renewed along with my wife, and come back ?
yes, but your visa has to be renewed on new approval. Old approval may not be valid. If you already have a valid visa you don't need a new visa. (This was what i was told that time. Things may have changed) Always better to get a new stamping
Thanks, and keep up all the good work.
more...
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sam2006
10-01 09:55 PM
I think his friend is a full time employee of Lehman.
Yes he is( was ) a FT at Lehman
Yes he is( was ) a FT at Lehman
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VMH_GC
06-11 06:15 PM
Change the title fool.. lot of ppl are waiting for this.. they might think it's OUT
please refrain from using harsh words that would hurt others in this forum. Please respect others and treat everyone with dignity as we are all fighting for same cause.
please refrain from using harsh words that would hurt others in this forum. Please respect others and treat everyone with dignity as we are all fighting for same cause.
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qplearn
10-02 03:06 PM
Hi All
Thanks for a great forum. I am EB3 India (PD Dec 02) with 140 approved June this year. Rumor has it that the small firm I work for, is going to be acquired by a much larger firm with thousands of employees globally. I am concerned about my ongoing GC process. First question
Q1. What happens to my GC process?
Considering the behemoth like size of the company that is going to acquire us I am quite sure that the GC process of the few employees from my present employer will take a back seat.
Q2. What are the things I can do proactively.
I have read on various threads that it is possible to join other employers and port the PD to them. But considering the fact that company that started the GC process is no longer there, how would this porting of PD with new labor, 140 etc would occur...
I would appreciate if someone can provide answers to my questions. Thanks for taking the time to read this.
After your I-140 is approved, according to my lawyer, the PD is yours to keep. Even if they withdraw your I-140, you get to keep your PD.
I talked to my lawyer in the morning today, and this is precisely what he told me.
Thanks for a great forum. I am EB3 India (PD Dec 02) with 140 approved June this year. Rumor has it that the small firm I work for, is going to be acquired by a much larger firm with thousands of employees globally. I am concerned about my ongoing GC process. First question
Q1. What happens to my GC process?
Considering the behemoth like size of the company that is going to acquire us I am quite sure that the GC process of the few employees from my present employer will take a back seat.
Q2. What are the things I can do proactively.
I have read on various threads that it is possible to join other employers and port the PD to them. But considering the fact that company that started the GC process is no longer there, how would this porting of PD with new labor, 140 etc would occur...
I would appreciate if someone can provide answers to my questions. Thanks for taking the time to read this.
After your I-140 is approved, according to my lawyer, the PD is yours to keep. Even if they withdraw your I-140, you get to keep your PD.
I talked to my lawyer in the morning today, and this is precisely what he told me.
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STAmisha
11-17 07:28 AM
Please share your experiences with this conversion?
what is the procedure?
what is the procedure?
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akmypoints
11-04 01:26 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?
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?
Scenario 3: If I move to Company B, after some time, can I move to company C using I-140 from company A?
Given the uncertainty of h1 approvals these days, please suggest favorable scenarios in the cases above.
Thanks
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?
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?
Scenario 3: If I move to Company B, after some time, can I move to company C using I-140 from company A?
Given the uncertainty of h1 approvals these days, please suggest favorable scenarios in the cases above.
Thanks
hpandey
03-04 04:35 PM
Congrats Brother ! Long journey but worth the wait :)
va_dude
05-07 10:38 AM
Dude... do some research on the forum on AC-21. There's tons of information.
Anyway, no form to fill out. Whether or not to send info is your choice.
Some attorneys basically just send a letter to uscis letting them know that you moved to emp B from emp A and include specifics about job duties, position, salary etc and that you are invoking the AC-21 rule/act.
Anyway, no form to fill out. Whether or not to send info is your choice.
Some attorneys basically just send a letter to uscis letting them know that you moved to emp B from emp A and include specifics about job duties, position, salary etc and that you are invoking the AC-21 rule/act.
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