gc_on_demand
12-05 10:24 AM
bump
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Ramba
10-30 05:56 PM
your I-94 mess up will not affect your travel on AP. If you have a valid visa stamp (or intend to get one), you can still come back in H1B too. It may be advisable you maintain H1b by returing in H1B visa.
However, your I-94 mess up may affect 485 (very little chance), if they analyze the entry exit dates and last action rule with microscope. Technically, (as per LOR) you were out of status in 2006. Though you got further H1B approval from 2007 to 2008, you were out-of status as per LOR. But it can be overcome easily, if they issue a RFE in 485. This has to be explained properly. I do not think POE made a mistake. They issue I-94 based based only on the expiry of the visa stamp.
However, your I-94 mess up may affect 485 (very little chance), if they analyze the entry exit dates and last action rule with microscope. Technically, (as per LOR) you were out of status in 2006. Though you got further H1B approval from 2007 to 2008, you were out-of status as per LOR. But it can be overcome easily, if they issue a RFE in 485. This has to be explained properly. I do not think POE made a mistake. They issue I-94 based based only on the expiry of the visa stamp.
sangeethak31
07-15 12:16 PM
As I am going for a H1 Visa renewal, I am not having an attorney.
Could someone please provide me a template.
Thanks,
Sangeetha K
Could someone please provide me a template.
Thanks,
Sangeetha K
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GCBy3000
07-14 01:57 PM
I can understand before 2006 and early 2007. What is the lame duck period in between.
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kewlchap
09-09 01:17 AM
Hi greencard_fever,
How did you open a SR for your wife's case (which had an RFE)? I responded to an RFE and they say that I have to wait 60 days before opening an SR. Please let me know.
How did you open a SR for your wife's case (which had an RFE)? I responded to an RFE and they say that I have to wait 60 days before opening an SR. Please let me know.
fuzzy logic
07-01 12:46 PM
I am in the same situation currently.
My company's attorneys believe that mine is not an AC21 case because I am going from Software Engineer (per PERM) to Lead Software Engineer, with substantial pay hike.
They are sending me papers for H-1B amendment and extension only (extension because my H-1B will expire soon).
Why is there a need to invoke AC21 in your case? Is there substantial change in responsibilities?
I think there will have to AC21 invoked as there is change in the job location. Secondly I will be going from Senior Assurance Associate to Assurance Manager. There will be additional responsibilities from what I already have.
My company's attorneys believe that mine is not an AC21 case because I am going from Software Engineer (per PERM) to Lead Software Engineer, with substantial pay hike.
They are sending me papers for H-1B amendment and extension only (extension because my H-1B will expire soon).
Why is there a need to invoke AC21 in your case? Is there substantial change in responsibilities?
I think there will have to AC21 invoked as there is change in the job location. Secondly I will be going from Senior Assurance Associate to Assurance Manager. There will be additional responsibilities from what I already have.
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anilsal
12-02 11:41 AM
What about the case wherein the GC is for a future employment with the same company? You may be currently on H1B with the company as an engineer, but the company applies GC as a manager because you qualify for EB2.
Only if the company is stable, will it be able to get future employment GCs approved. If it is a consulting/body shopping outfit, then ...........????
Only if the company is stable, will it be able to get future employment GCs approved. If it is a consulting/body shopping outfit, then ...........????
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munnu77
04-06 09:35 PM
i am sorry..i couldnt follow todays proceedings..whn i cam to iv site in the evening..everyone says bill is dead
whn i went to immigration-law.com, they say the following
cud someone tell me which one is true??????????
We reported earlier the Senate Republican Members Agreement last night. Today, the Democratic Minority Leader and other Democractic leaders agreed to the proposal, turning the Republican agreement into the Bi-Partisan Agreement. This dramatic break-through opens a door to the possibility of passing the Senate version of Comprehensive Immigration Reform bill, S. 2454, as amended before this week is over and before the Congress goes into the recess next two weeks.
The development is accompanied by three other developments:
President released statement supporting the bi-partisan agreement;
Senate rejected the Democrat's motion to cloture for the Specter amendments to S.2454;
Senate also relected the Republican Kyl' motion for his amendments.
Now we see the light at the end of the tunnel!!
whn i went to immigration-law.com, they say the following
cud someone tell me which one is true??????????
We reported earlier the Senate Republican Members Agreement last night. Today, the Democratic Minority Leader and other Democractic leaders agreed to the proposal, turning the Republican agreement into the Bi-Partisan Agreement. This dramatic break-through opens a door to the possibility of passing the Senate version of Comprehensive Immigration Reform bill, S. 2454, as amended before this week is over and before the Congress goes into the recess next two weeks.
The development is accompanied by three other developments:
President released statement supporting the bi-partisan agreement;
Senate rejected the Democrat's motion to cloture for the Specter amendments to S.2454;
Senate also relected the Republican Kyl' motion for his amendments.
Now we see the light at the end of the tunnel!!
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Sai_07
06-27 10:31 PM
My I-140 was approved in Dec 2006 and still working with sponsoring company.
Now my attorney got withdrawal decision on my I-140.My company or my attorney never send withdrawal letter for my I-140. However, my company sent withdrawal letters for some 12 other cases.
Here are the exact words from letter:
In accordance with the authority contained in Titl18,Code of federal Regulations, Section 205.1(a)(3)(iii)(C),the approval of the petition is automatically revoked as of the date of approval because of your written request of revocation(termination) field on XX/XX/XXXX,in this employment-based preference petition.
Could you please suggest how to correct USCIS mistake? Do we have to file Motion to Re-Open on my I-140?
Appreciate your help.
Now my attorney got withdrawal decision on my I-140.My company or my attorney never send withdrawal letter for my I-140. However, my company sent withdrawal letters for some 12 other cases.
Here are the exact words from letter:
In accordance with the authority contained in Titl18,Code of federal Regulations, Section 205.1(a)(3)(iii)(C),the approval of the petition is automatically revoked as of the date of approval because of your written request of revocation(termination) field on XX/XX/XXXX,in this employment-based preference petition.
Could you please suggest how to correct USCIS mistake? Do we have to file Motion to Re-Open on my I-140?
Appreciate your help.
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sundeep14
09-27 11:01 AM
this topic is interesting....i do buy/sell stocks usin zecco / BoA etc...which are sites where i can do day trade..im interested to venture into it...
suggestions??
suggestions??
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sasidhar79
09-16 03:09 PM
To all IV members please sign the online petition to drop Lou Dobbs and make this country more progressive.
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belmontboy
12-05 12:12 PM
http://minx.cc/?post=279217
you live your life dude, don't let any other M'fer control it!!!
some LOSER! gave me a red for this post. The coward's comment was "is this how you talk to your mother...."
What a jackass!!!
Must be a terrorist sympathizer!!!
you live your life dude, don't let any other M'fer control it!!!
some LOSER! gave me a red for this post. The coward's comment was "is this how you talk to your mother...."
What a jackass!!!
Must be a terrorist sympathizer!!!
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diptam
07-08 10:07 PM
I sent 4 paystubs just like that. Thought of sending W-2 also but they are redundant Information - already gone with 140 app.
They wont deny your case for not sending W2 , in worst case they will ask
for it and you will just mail it immediatly ( keep them handy)
How many years of years of W-2 form copies do we need to attach, when we file I-485 applications?
They wont deny your case for not sending W2 , in worst case they will ask
for it and you will just mail it immediatly ( keep them handy)
How many years of years of W-2 form copies do we need to attach, when we file I-485 applications?
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martinvisalaw
06-25 02:12 PM
1. My view on pre-adjudication is that they processing is done on the application and is put in an approvable status. once the PD is current and the immigrant visa number is available, then such an application can be approved. but it has to be noted that these applications can be reviewed again before approving and can be denied at that time.
2. when an AOS application is being adjudicated, if the underlying terms of the 485 application are not satisfied, then it can be denied. it does not matter if the PD is current. the 485 is based on the 140, which in turn is based on a bonafide job. using ac21, you can change employers, but i still feel that you need to be employed in a similar position and not looking for a similar position.
any thoughts anyone?
I agree. The argument that the AOS applicant doesn't need to have a job now is very aggressive and should only be used if absolutely necessary. If there is any chance of finding a new job soon, the first step would be to ask for more time to respond to the RFE.
2. when an AOS application is being adjudicated, if the underlying terms of the 485 application are not satisfied, then it can be denied. it does not matter if the PD is current. the 485 is based on the 140, which in turn is based on a bonafide job. using ac21, you can change employers, but i still feel that you need to be employed in a similar position and not looking for a similar position.
any thoughts anyone?
I agree. The argument that the AOS applicant doesn't need to have a job now is very aggressive and should only be used if absolutely necessary. If there is any chance of finding a new job soon, the first step would be to ask for more time to respond to the RFE.
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mohitb272
07-16 07:24 PM
Hats off to IV :) :)
Waiting for the good news...
Waiting for the good news...
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coolngood4u80
01-25 08:38 PM
Is this only for phds or for master graduates too?
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Maverick1
11-13 04:43 PM
Hi Guys,
I verified my 485 Application status online and this is what I found can you guys tel what could this mean.
My I140 is not approved yet.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
What is your PD and country ? A lot depends on these two factors. Is this the status against your I485 ? or 131 ?
I verified my 485 Application status online and this is what I found can you guys tel what could this mean.
My I140 is not approved yet.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
What is your PD and country ? A lot depends on these two factors. Is this the status against your I485 ? or 131 ?
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jonty_11
07-14 02:01 PM
Hopefully so..Thanks
no...They make mistakes..I received an already expired EAD card...so Please call and you do have to reapply.....byt within 120 days of te new EAD you got....right in BOLD about the error so they dont repeat it.
no...They make mistakes..I received an already expired EAD card...so Please call and you do have to reapply.....byt within 120 days of te new EAD you got....right in BOLD about the error so they dont repeat it.
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vallabhu
01-31 04:57 PM
Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.
If you have more than three years of experience before applying for Labor you are fine else you might get a query and if you answer with education evaluation proving that your study and exp is equivalent to 4 year bachelor you will b fine.
If you have more than three years of experience before applying for Labor you are fine else you might get a query and if you answer with education evaluation proving that your study and exp is equivalent to 4 year bachelor you will b fine.
dazed
07-19 07:35 AM
If you are sponsoring your spouse, you need to submit an affidavit of support. It is I-134. This forms needs for you to submit bank statements, tax returns etc. with it.
chanduv23
03-27 09:52 AM
My wife is currently on a H1b doing her residency. When she was on h4, she wanted to do research or observership on a voluntary basis so that she can get some good letters and also have her name on papers and journals.
She got into a research position as a "research volunteer" at Emory University in Atlanta and was an unpaid volunteer. After getting into that position she figured out that the department was actually advertising for that position for a "research assistant" position - which is a salaried position but they could not really find people to fill that position and because they found her promising and did not want to lose her, they offered her a research position.
Without her knowledge she was a regular worker and was dumped with regular work like a paid employee (though she was not paid). They stressed her out and not flexible with hours and never allowed her to study for USMLE etc... and were expecting her to continue that way for 3 months she worked and worked. So I interfered and stopped her from going there, and we wrote a strong letter to the Head of Cardiology at Emory, who got pissed off because she was not aware that the position was not being paid and the department did not officially want to acknowledge that they did it. So they called her to the department and "WARNED" her not to have any kind of communication and not to step into the department or talk to anyone for any reason. We got pissed and we strongly requested for a "Research Experience Letter" which they told they will mail us. We never recieved any mail for 3 months and then one day we called heer superior doctor and blasted her on phone and she in turn blasted us saying we must not call her. Then after a few weeks, we emailed the department politely asking for a experience letter and pleaded them and used a lot of sugar coated words with a lot of A** Ki***" and finally we got a decent letter. Then after a few weeks, the department sent her an email asking her if she still wants her name to be on a paper she worked on, she replied she wanted to. Then they responded that it is not possible to have her name as she was never working there and in future there must not be any communication from us.
The reason I wrote all this is : Most of you people seem to be desperate to work around the system for your benefit. As people do it, it becomes a mess.
Ours was a genuine case and see how an organization like Emory can do whatever they want for their advantage.
So it all depends on the kind of people you deal with - if you want to work on h4 just for sake of experience - expect the unexpected.
Most skilled immigrants are capable of doing great work if allowed to do but we are unable to do it , and organizations that break rules (Desi consultants or Microsoft or Emory or anyone for that sake) - will have only one motive - to exploit your skill and get the work done. In case of any issues, they will "scapegoat you" and make themselves look clean. So think twice before get attracted to breaking rules.
She got into a research position as a "research volunteer" at Emory University in Atlanta and was an unpaid volunteer. After getting into that position she figured out that the department was actually advertising for that position for a "research assistant" position - which is a salaried position but they could not really find people to fill that position and because they found her promising and did not want to lose her, they offered her a research position.
Without her knowledge she was a regular worker and was dumped with regular work like a paid employee (though she was not paid). They stressed her out and not flexible with hours and never allowed her to study for USMLE etc... and were expecting her to continue that way for 3 months she worked and worked. So I interfered and stopped her from going there, and we wrote a strong letter to the Head of Cardiology at Emory, who got pissed off because she was not aware that the position was not being paid and the department did not officially want to acknowledge that they did it. So they called her to the department and "WARNED" her not to have any kind of communication and not to step into the department or talk to anyone for any reason. We got pissed and we strongly requested for a "Research Experience Letter" which they told they will mail us. We never recieved any mail for 3 months and then one day we called heer superior doctor and blasted her on phone and she in turn blasted us saying we must not call her. Then after a few weeks, we emailed the department politely asking for a experience letter and pleaded them and used a lot of sugar coated words with a lot of A** Ki***" and finally we got a decent letter. Then after a few weeks, the department sent her an email asking her if she still wants her name to be on a paper she worked on, she replied she wanted to. Then they responded that it is not possible to have her name as she was never working there and in future there must not be any communication from us.
The reason I wrote all this is : Most of you people seem to be desperate to work around the system for your benefit. As people do it, it becomes a mess.
Ours was a genuine case and see how an organization like Emory can do whatever they want for their advantage.
So it all depends on the kind of people you deal with - if you want to work on h4 just for sake of experience - expect the unexpected.
Most skilled immigrants are capable of doing great work if allowed to do but we are unable to do it , and organizations that break rules (Desi consultants or Microsoft or Emory or anyone for that sake) - will have only one motive - to exploit your skill and get the work done. In case of any issues, they will "scapegoat you" and make themselves look clean. So think twice before get attracted to breaking rules.
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