SunnySurya
07-13 11:56 AM
Folks,
Please advise if you have any knowledge on the issue. Also, I am aware that I will need to take a good lawyer advise on this but what I am looking for is your take.
Background:
During July'07 fiasco I was able to submit my first 485 application on the 07/02/07 itself. Because of the volume of applications received, USICS was taking a long time to issue receipts. Since we all were hearing stories of applications getting lost or returned or denied for no explicit reasons and I was afraid that this window of opportunity may not open for a very long time, I decided to re-file my 485 application based on the same I-140 on Aug 10th, just days before the window closing. Both applications were filed at Nebraska Service Center.
In September 2007 USCIS issued me the receipt notice for the first application. So I decided to put a stop payment on the second application, in the hope that my second application will be rejected without prejudice. That did not happen. I got a letter from USICS threatening me to adversely affect all my future 485 applications. So I paid. A different A# was issued to me for my second application. (So I have two A#s now) Also, per their website, my receipt date for the second application is the date they received the corrected payment, which is some time in late November.
Now, my priority date is current. I am thinking of taking one of the following actions. Please advise, what should be an appropriate course of action.
a) Do Nothing as I might get my first 485 will adjudicated before they start working on the second application, whose receipt date is sometime in November.
b) Send a letter to USICS requesting them to withdraw my application (Please advise what reason should I state)
I am afraid to choose option 2 as they might send my application for some sort of reconciliation.
Thanks
Sunny
Please advise if you have any knowledge on the issue. Also, I am aware that I will need to take a good lawyer advise on this but what I am looking for is your take.
Background:
During July'07 fiasco I was able to submit my first 485 application on the 07/02/07 itself. Because of the volume of applications received, USICS was taking a long time to issue receipts. Since we all were hearing stories of applications getting lost or returned or denied for no explicit reasons and I was afraid that this window of opportunity may not open for a very long time, I decided to re-file my 485 application based on the same I-140 on Aug 10th, just days before the window closing. Both applications were filed at Nebraska Service Center.
In September 2007 USCIS issued me the receipt notice for the first application. So I decided to put a stop payment on the second application, in the hope that my second application will be rejected without prejudice. That did not happen. I got a letter from USICS threatening me to adversely affect all my future 485 applications. So I paid. A different A# was issued to me for my second application. (So I have two A#s now) Also, per their website, my receipt date for the second application is the date they received the corrected payment, which is some time in late November.
Now, my priority date is current. I am thinking of taking one of the following actions. Please advise, what should be an appropriate course of action.
a) Do Nothing as I might get my first 485 will adjudicated before they start working on the second application, whose receipt date is sometime in November.
b) Send a letter to USICS requesting them to withdraw my application (Please advise what reason should I state)
I am afraid to choose option 2 as they might send my application for some sort of reconciliation.
Thanks
Sunny
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gunabcd
07-02 09:52 AM
I see people not supporting the CIR which was suppose to be a pro Immigration bill, no matter which part of the society it was supporting. My question is Are you guys out here a Pro or an anti immigration forum?
Or are you guys out here are to fulfill their selfish dreams, stand on others to reach the top.
Can anyone answer me? I really doubt the people out here.
If you knew the difference between Legal and Illegal immigration, and had you read the CIR bill and all amendments then you would not ask this question. Please do some homework before asking such questions.
Or are you guys out here are to fulfill their selfish dreams, stand on others to reach the top.
Can anyone answer me? I really doubt the people out here.
If you knew the difference between Legal and Illegal immigration, and had you read the CIR bill and all amendments then you would not ask this question. Please do some homework before asking such questions.
ashwaghoshk
04-26 08:01 AM
Rollingstone is right. There are chances of the 7th year extension only if your labor is 365 days pending or have an approved labor/I-140. If one of these applies to your case then you should have activated your 3 months of H1B in premium processing. Why didnt you do the premium processing? Now that your 6 years of H1 have ended i really doubt USCIS will consider your case and give the 7th year extension. Not trying to scare you but that's what I feel.
I hope you get the extension. Good Luck.
I hope you get the extension. Good Luck.
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probe
07-14 11:20 AM
I travelled thru Frankfurt last december. No need of Transit visa, no hassels; though Air-hostess that hands out I-94 card did not know what AP meant. I boarded at Bangalore airport and Lufthansa staff at check-in were aware of AP. At immigration in chicago, the guy gave me a short lecture- AP should be used only for emergency purpose etc; I jsut nodded and he stamped the I-94 and AP doc
If some one is on EB3 and waiting for their GC and only god knows when the wait will be over.Does immigration officers at port of entry expect us to wait for emergencies to travel on AP ? if not wait years or decades to get GC and travel.
This is quite ridiculous and insane.:(
If some one is on EB3 and waiting for their GC and only god knows when the wait will be over.Does immigration officers at port of entry expect us to wait for emergencies to travel on AP ? if not wait years or decades to get GC and travel.
This is quite ridiculous and insane.:(
more...
kevnss
06-05 08:58 PM
1. My EAD is up for renewal and will there be any problems renewing it If either I am with a new employer or in between jobs when the application is being submitted?
-- No.
2. My current employer will hand me my I-140. Can I restart my GC process with my new employer and still maintain my old PD of July 2003?
-- You do not have to restart anything if it has been 180 days since 485 filing and I assume it is the case as you have an EAD since last year.
3. If I restart my GC process, do I have to start my Labor and I-140 as well or do I just re-file my 485?
-- You are fine as you are. There is need to restart anything. The provision is called AC21 and you can google it for more info.
This is really great information. I couldn't find this thread so opened another thread ofcourse cleared the doubts by both guru's. I have one more question, what happens if job title changes during this process.
Thanks
-- No.
2. My current employer will hand me my I-140. Can I restart my GC process with my new employer and still maintain my old PD of July 2003?
-- You do not have to restart anything if it has been 180 days since 485 filing and I assume it is the case as you have an EAD since last year.
3. If I restart my GC process, do I have to start my Labor and I-140 as well or do I just re-file my 485?
-- You are fine as you are. There is need to restart anything. The provision is called AC21 and you can google it for more info.
This is really great information. I couldn't find this thread so opened another thread ofcourse cleared the doubts by both guru's. I have one more question, what happens if job title changes during this process.
Thanks
GCInThisLife
07-18 05:44 PM
thanks for posting.. may be junior members do not have permission to post attachments..:)
Yeah received it. Posting shortly. Could you please remove my id from ur follow up post. Just want to avoid future junk mails :)
Yeah received it. Posting shortly. Could you please remove my id from ur follow up post. Just want to avoid future junk mails :)
more...
coolpal
03-30 10:43 AM
If your GC is getting approved today, then your priority date should be current, so I assume you will be (or would have) applied for dependent 485 for your wife (and son?) so they are going to be on AOS...
..or, am I missing something?
pal :)
..or, am I missing something?
pal :)
2010 you are married does not
gcformeornot
05-28 07:31 AM
from my understanding it wil start right away.. which means we will loose some time overlapping between the EAD's.
I think it starts after expiry of first one. ( all other things work this way, why different rule for EAD?)
I think it starts after expiry of first one. ( all other things work this way, why different rule for EAD?)
more...
dan19
08-22 03:23 PM
Hello EB2ToEB3
Do you remember whether your job requirement specifically asked for BS in CS or just BS in Engineering?
Thanks for your earlier reply.
Dan
I doubt that you need BS in CS. I have a BS degree in Chem engg but recently my I-140 got approved without any issue.
Do you remember whether your job requirement specifically asked for BS in CS or just BS in Engineering?
Thanks for your earlier reply.
Dan
I doubt that you need BS in CS. I have a BS degree in Chem engg but recently my I-140 got approved without any issue.
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GCInThisLife
07-18 05:14 PM
I have some more docs about 485 standard op process, AC21 relief, 485 interview waiver, filing guidelines for EB based immigration petition etc.. but not able to upload. they do fall under max size limits.. Any hints..
more...
eb3_nepa
11-06 11:49 AM
Do I still need a copy of I-140 if I have I-797 extended for 3 years from the existing employer?
If you already have your h1 extended for 3 years then you can get those 3 years with employer 2. Consult a lawyer though, when you actually switch jobs.
If you already have your h1 extended for 3 years then you can get those 3 years with employer 2. Consult a lawyer though, when you actually switch jobs.
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STAmisha
07-08 06:38 PM
I guess you can apply for 2 140's
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marlon2006
09-11 09:57 PM
It is true that many politicians would not risk their bacon weeks away from the election. Don't count that necessarily after the elections the situation will necessarily change. Sen. Frist himself argued that he is OK passing the enforcement only bill within the next couple of weeks and he has said that he expects to leave the immigration thing for the NEXT CONGRESS to decide. Now the key question remains; will enough pro amnesty or even pro immigration lawmakers remain in their job after elections in November ? It remains to be seen. I would love to be optmistic, but if enough incumbents get kicked out of the office, then our chances are not necessarily better next year.
Sorry folks, but that's the truth.
Sorry folks, but that's the truth.
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wam4wam
03-06 12:38 PM
i contacted Senator dewine, urging him to back the PACE act
here is the reply i got
keep ur fingers crossed:)
Dear xxxxxx
Thank you for contacting me regarding illegal immigration. I agree
that
illegal immigration is a very serious problem and appreciate knowing
your
views.
Currently, there are approximately 11 million undocumented immigrants
in
the United States, with close to 1 million more arriving every year.
Yet,
our current immigration system is broken. It is a system that is not
good
for American security, particularly during our fight to combat
international terrorism. It is not good for American workers and
businesses. And, it is not good for the immigrants, themselves.
To tackle this problem, we must have a comprehensive immigration plan
that
toughens our borders, documents illegal immigrants, and provides for
American labor needs. The Senate Judiciary Committee, of which I am a
member, is set to take up immigration reform soon. In fact, several
immigration bills are currently pending before the Committee, including
a
border protection bill passed by the House of Representatives in
December
2005. As the Judiciary and the full Senate debate immigration reform,
I
will be certain to keep your views in mind.
Again, thank you for contacting me. If you have any additional
concerns,
please feel free to contact me anytime.
Very respectfully yours,
MIKE DeWINE
United States Senator
RMD/bf
Disclaimer: The email account that this message originated from does
not
accept inbound messages, therefore please send all electronic
correspondence through our webform located at:
http://dewine.senate.gov.
here is the reply i got
keep ur fingers crossed:)
Dear xxxxxx
Thank you for contacting me regarding illegal immigration. I agree
that
illegal immigration is a very serious problem and appreciate knowing
your
views.
Currently, there are approximately 11 million undocumented immigrants
in
the United States, with close to 1 million more arriving every year.
Yet,
our current immigration system is broken. It is a system that is not
good
for American security, particularly during our fight to combat
international terrorism. It is not good for American workers and
businesses. And, it is not good for the immigrants, themselves.
To tackle this problem, we must have a comprehensive immigration plan
that
toughens our borders, documents illegal immigrants, and provides for
American labor needs. The Senate Judiciary Committee, of which I am a
member, is set to take up immigration reform soon. In fact, several
immigration bills are currently pending before the Committee, including
a
border protection bill passed by the House of Representatives in
December
2005. As the Judiciary and the full Senate debate immigration reform,
I
will be certain to keep your views in mind.
Again, thank you for contacting me. If you have any additional
concerns,
please feel free to contact me anytime.
Very respectfully yours,
MIKE DeWINE
United States Senator
RMD/bf
Disclaimer: The email account that this message originated from does
not
accept inbound messages, therefore please send all electronic
correspondence through our webform located at:
http://dewine.senate.gov.
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axp817
03-19 01:33 PM
Lifelock, ~$10 a month.
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izolo
06-08 12:46 PM
Thank for reply
the attorney says its all about your I-94, if your visa will expire in 3 months, then you should apply for extension!
have you ever heard about a case kike mine? please share.
the attorney says its all about your I-94, if your visa will expire in 3 months, then you should apply for extension!
have you ever heard about a case kike mine? please share.
more...
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Junky
09-10 08:17 AM
Please call congressmen to support HR5882.
Elton Gallegly (R-Calif.)202- 225-5811
Darrell Issa (R-Calif.)202- 225-3906 (NOT IN FAVOR)
Dan Lungren (R-Calif.)202- 225-5716
Brad Sherman (D-Calif.) 202-225-5911
Adam B. Schiff (D-Calif.)202- 225-4176
Rick Boucher (D-Va.) 202-225-3861
Robert C. Scott (D-Va.) (202) 225-8351
Bob Goodlatte (R-Va.)202- 225-5431
J. Randy Forbes (R-Va.)202- 225-6365
Tom Feeney (R-Fla.) 202-225-2706
Ric Keller (R-Fla.)202- 225-2176
Louie Gohmert (R-Texas) 202-225-3035
Lamar S. Smith (R-Texas), Ranking Member 202- 225-6906/ 202- 225-4236
Jim Jordan (R-Ohio) 202-225-2676
Betty Sutton (D-Ohio) 202-225-3401
Chris Cannon (R-Utah)202- 225-7751
Steve Chabot (R-Ohio) 202-225-2216
Howard Coble (R-N.C.) 202-225-3065
Steve Cohen (D-Tenn.)202- 225-3265
John Conyers (D-Mich.), Chairman 202-225-5126
William D. Delahunt (D-Mass.)202- 225-3111
Keith Ellison (D-Minn.) 202-225-4755
Trent Franks (R-Ariz.)202- 225-4576
Luis Gutierrez (D-Ill.)202- 225-8203
Steve King (R-Iowa)202- 225-4426 (NOT IN FAVOR)
Mike Pence (R-Ind.) 202-225-3021
Howard L. Berman (D-Calif.) 202-225-4695
Debbie Wasserman Schultz (D-Fla.) 202-225-7931 (IN FAVOR - Reported by IV member new_horizon)
Tammy Baldwin (D-Wis.) 202- 225-2906 (IN FAVOR - Reported by IV members cnag & Prashant)
Maxine Waters (D-Calif.) 202-225-2201 (IN FAVOR - Reported by IV member little_willy)
Anthony D. Weiner (D-N.Y.) 202-225-6616 (IN FAVOR - Reported by IV member punjabi77)
Robert Wexler (D-Fla.) 202-225-3001 (IN FAVOR - Reported by IV member punjabi77)
Hank Johnson (D-Ga.) 202-225-1605 (IN FAVOR - Reported by IV member punjabi77)
Zoe Lofgren (D-Calif.)202- 225-3072 (ALREADY SPONSOR DO NOT CALL)
Jim Sensenbrenner (R-Wis.) 202-225-5101 (ALREADY COSPONSOR DO NOT CALL)
Linda Sanchez (D-Calif.) 202-225-6676 (ALREADY COSPONSOR DO NOT CALL)
Jerrold Nadler (D-N.Y.) 202-225-5635 (ALREADY COSPONSOR DO NOT CALL)
Artur Davis (D-Ala.) 202-225-2665 (ALREADY COSPONSOR DO NOT CALL)
Sheila Jackson-Lee (D-Texas)202- 225-3816 (ALREADY COSPONSOR DO NOT CALL)
Melvin L. Watt (D-N.C.)202- 225-1510 (ALREADY COSPONSOR DO NOT CALL)
My apologies for re-posting...
but looks like we are all late... in the GC waiting game:rolleyes:
Hard to remain hopeful
Elton Gallegly (R-Calif.)202- 225-5811
Darrell Issa (R-Calif.)202- 225-3906 (NOT IN FAVOR)
Dan Lungren (R-Calif.)202- 225-5716
Brad Sherman (D-Calif.) 202-225-5911
Adam B. Schiff (D-Calif.)202- 225-4176
Rick Boucher (D-Va.) 202-225-3861
Robert C. Scott (D-Va.) (202) 225-8351
Bob Goodlatte (R-Va.)202- 225-5431
J. Randy Forbes (R-Va.)202- 225-6365
Tom Feeney (R-Fla.) 202-225-2706
Ric Keller (R-Fla.)202- 225-2176
Louie Gohmert (R-Texas) 202-225-3035
Lamar S. Smith (R-Texas), Ranking Member 202- 225-6906/ 202- 225-4236
Jim Jordan (R-Ohio) 202-225-2676
Betty Sutton (D-Ohio) 202-225-3401
Chris Cannon (R-Utah)202- 225-7751
Steve Chabot (R-Ohio) 202-225-2216
Howard Coble (R-N.C.) 202-225-3065
Steve Cohen (D-Tenn.)202- 225-3265
John Conyers (D-Mich.), Chairman 202-225-5126
William D. Delahunt (D-Mass.)202- 225-3111
Keith Ellison (D-Minn.) 202-225-4755
Trent Franks (R-Ariz.)202- 225-4576
Luis Gutierrez (D-Ill.)202- 225-8203
Steve King (R-Iowa)202- 225-4426 (NOT IN FAVOR)
Mike Pence (R-Ind.) 202-225-3021
Howard L. Berman (D-Calif.) 202-225-4695
Debbie Wasserman Schultz (D-Fla.) 202-225-7931 (IN FAVOR - Reported by IV member new_horizon)
Tammy Baldwin (D-Wis.) 202- 225-2906 (IN FAVOR - Reported by IV members cnag & Prashant)
Maxine Waters (D-Calif.) 202-225-2201 (IN FAVOR - Reported by IV member little_willy)
Anthony D. Weiner (D-N.Y.) 202-225-6616 (IN FAVOR - Reported by IV member punjabi77)
Robert Wexler (D-Fla.) 202-225-3001 (IN FAVOR - Reported by IV member punjabi77)
Hank Johnson (D-Ga.) 202-225-1605 (IN FAVOR - Reported by IV member punjabi77)
Zoe Lofgren (D-Calif.)202- 225-3072 (ALREADY SPONSOR DO NOT CALL)
Jim Sensenbrenner (R-Wis.) 202-225-5101 (ALREADY COSPONSOR DO NOT CALL)
Linda Sanchez (D-Calif.) 202-225-6676 (ALREADY COSPONSOR DO NOT CALL)
Jerrold Nadler (D-N.Y.) 202-225-5635 (ALREADY COSPONSOR DO NOT CALL)
Artur Davis (D-Ala.) 202-225-2665 (ALREADY COSPONSOR DO NOT CALL)
Sheila Jackson-Lee (D-Texas)202- 225-3816 (ALREADY COSPONSOR DO NOT CALL)
Melvin L. Watt (D-N.C.)202- 225-1510 (ALREADY COSPONSOR DO NOT CALL)
My apologies for re-posting...
but looks like we are all late... in the GC waiting game:rolleyes:
Hard to remain hopeful
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rrk
03-18 11:48 AM
If I work on EAD for company XYZ then will I loose my H1B with company ABC?
If company 'ABC" is a consultant company then..make a deal with them and work thru them for XYZ for 2-3 months and take transfer to xyz.
Otherwise you have no other option than using EAD.
If company 'ABC" is a consultant company then..make a deal with them and work thru them for XYZ for 2-3 months and take transfer to xyz.
Otherwise you have no other option than using EAD.
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eb2dec2005
10-28 10:25 AM
hi,
Can somebody reply to my earlier question reagarding AC21?
Appreciate your replies.
Thanks
Can somebody reply to my earlier question reagarding AC21?
Appreciate your replies.
Thanks
gcdreamer05
11-18 03:48 PM
Hi All
I have a question regarding visitors visa, my parents got multiple Entry 10 years visa in 2007, but have not visited me so far, but this december my Mom is visitng me and in Feb my father( as to avoid harsh winter weather in East Coast), they will leave back in May 2009.
My Question is will there be any issue as their visa was issued in 2007 but they are visiting now
Do I need to send any new documents( I have moved onto EAD )
Looking forward to hear suggestions.
Absolutely no issues in visit date and visa received date, my parents came here in 2006 but got their visas in 2003, no questions were asked about delay. But at POE they did ask for return tickets photocopy or print out.
I have a question regarding visitors visa, my parents got multiple Entry 10 years visa in 2007, but have not visited me so far, but this december my Mom is visitng me and in Feb my father( as to avoid harsh winter weather in East Coast), they will leave back in May 2009.
My Question is will there be any issue as their visa was issued in 2007 but they are visiting now
Do I need to send any new documents( I have moved onto EAD )
Looking forward to hear suggestions.
Absolutely no issues in visit date and visa received date, my parents came here in 2006 but got their visas in 2003, no questions were asked about delay. But at POE they did ask for return tickets photocopy or print out.
Ann Ruben
04-22 10:55 AM
You raise a number of issues for which there are no clear or certain answers. My advice would be to request the extension of H-1 status without submitting pay stubs, and in the event of an RFE, respond with evidence of your complaint about your previous employer. If your new employer needs you to start work within three weeks, premium processing would be required, and even then, if there is an RFE, the timing will be tight.
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