bharol
06-16 12:57 PM
I am a Citizen that is petitioning my husband of 5 years. We received a letter in March'08 to be present at an interview in Charlotte, NC. We gathered all of the required documentation to provide. Once there, and called in with the Immigration officer, we began our interview process. She was satisfied with all of the information, and tangible proof, we provided. She asked my husband for his passport in order to stamp his I-551 and that meant we were approved. Unfortunately, my husband's passport had been expired for some time and she could not stamp it. What do we do? He works and it will cause heartache and financial stress if he looses his job as the company has strict rules about what documentation you must present in order to remain employed. Please help. Since we have not received a letter from USCIS and the status is still pending, we are unsure of what we should do at this point. Any information you can provide will be greatly appreciated.
Whose fault do you think it is?
It is the hight of carelessness.
Passport was expired when you went to consulate!
I can't believe it.
You deserved it.
Now go get the passport renewed and get back in line.
Whose fault do you think it is?
It is the hight of carelessness.
Passport was expired when you went to consulate!
I can't believe it.
You deserved it.
Now go get the passport renewed and get back in line.
vin13
10-08 11:44 AM
I am in the similar situation too...but I got time till Jan
Does anyone know how long it takes to get AP aprroved.
Does anyone know how long it takes to get AP aprroved.
mhtanim
11-26 06:06 PM
My friend was in India (out of the U.S.) while his green card got approved. The card was mailed to his U.S. home address. Another friend picked up his mail and mailed the green card to my friend in India. My friend got back into the U.S. with his green card. If the lawyer is correct, how did my friend do it?
Card production is only ordered after your I-485 is approved. If you leave the U.S. after your I-485 is approved (although you didn't receive the physical card), logically you should not be able to use Advance Parole any longer since your AP was based on pending I-485.
The best solution probably would be to go to a local USCIS office, show them your online status and get a stamp on your passport.
Card production is only ordered after your I-485 is approved. If you leave the U.S. after your I-485 is approved (although you didn't receive the physical card), logically you should not be able to use Advance Parole any longer since your AP was based on pending I-485.
The best solution probably would be to go to a local USCIS office, show them your online status and get a stamp on your passport.
ivar
01-21 04:23 PM
WITHDRAWAL
Question: How can a pending application filed under PERM be withdrawn?
If the application was filed on-line, the application can be withdrawn by accessing the account wherein the application was filed and simply marking the appropriate box.
If the application was filed by mail, a withdrawal request, in writing, must be sent to the National Processing Center to which the application was originally submitted.
Question: Must the employer wait to receive confirmation of withdrawal from a Backlog Elimination Center (BEC) prior to refiling an application?
No, the employer does not need to wait to receive confirmation of withdrawal prior to refiling an application.
Source: http://usavisanow.com/perm-faq-4.html
(I think the same rule should apply for PERM and appealed case)
EDIT: Sorry the following information seems to suggest otherwise.
http://www.visapro.com/Immigration-News/?a=377&z=12
Sathweb,
Thank you for your reply. I just checked the links you have provided and i understand that i need to wait for DOL to first withdraw my PERM application before filing a new perm. I am not sure how long i have to wait and its frustrating. I was just checking if some one is there in the same boat as me. I have been on and off this green card train through out my stay in US.
Applied for 1st PERM in Mar2006
Got my PERM approved in Nov 2006
Quit my first employer (DESI) for all the troubles he was giving me inspite of having my labour approved.
Joined new company in Mar07
Than followed the July 07 fiasco and missed my bus
New employer filed for PERM in JUN/JUL 07
Got Audit, Sent Audit reply, Got Denied
Re appealed against my wishes.
Ran all the ad campaign and GC process again.
AFter all this now waiting for earlier PERM TO be withdrawn..
Folks, everybody here on this forums have a painful Green card story. Some are lucky but most of us are not. I have read on IV forums that people are waiting for 8,9 years still to get there GC so i totally understand. The worst part is i missed the July 07 fiasco.
Question: How can a pending application filed under PERM be withdrawn?
If the application was filed on-line, the application can be withdrawn by accessing the account wherein the application was filed and simply marking the appropriate box.
If the application was filed by mail, a withdrawal request, in writing, must be sent to the National Processing Center to which the application was originally submitted.
Question: Must the employer wait to receive confirmation of withdrawal from a Backlog Elimination Center (BEC) prior to refiling an application?
No, the employer does not need to wait to receive confirmation of withdrawal prior to refiling an application.
Source: http://usavisanow.com/perm-faq-4.html
(I think the same rule should apply for PERM and appealed case)
EDIT: Sorry the following information seems to suggest otherwise.
http://www.visapro.com/Immigration-News/?a=377&z=12
Sathweb,
Thank you for your reply. I just checked the links you have provided and i understand that i need to wait for DOL to first withdraw my PERM application before filing a new perm. I am not sure how long i have to wait and its frustrating. I was just checking if some one is there in the same boat as me. I have been on and off this green card train through out my stay in US.
Applied for 1st PERM in Mar2006
Got my PERM approved in Nov 2006
Quit my first employer (DESI) for all the troubles he was giving me inspite of having my labour approved.
Joined new company in Mar07
Than followed the July 07 fiasco and missed my bus
New employer filed for PERM in JUN/JUL 07
Got Audit, Sent Audit reply, Got Denied
Re appealed against my wishes.
Ran all the ad campaign and GC process again.
AFter all this now waiting for earlier PERM TO be withdrawn..
Folks, everybody here on this forums have a painful Green card story. Some are lucky but most of us are not. I have read on IV forums that people are waiting for 8,9 years still to get there GC so i totally understand. The worst part is i missed the July 07 fiasco.
more...
eilsoe
10-17 07:36 AM
I use Jasc Animation shop 3 to make my gifs.. just make the jpg's in photoshop, and then import to Animation Shop 3...
It even has loads of transition effects! :)
It comes with Paint Shop Pro 7...
It even has loads of transition effects! :)
It comes with Paint Shop Pro 7...
webm
06-06 05:15 PM
I believe unless you filed I-485 under the revised fee structure last year, you need to pay for EAD and AP renewal every time you have to renew.
This is true..
This is true..
more...
sanju
11-27 11:36 PM
Hi,
My employer "ABC" (Consultancy) based in Ohio made me sign a Cognovit Promissory Note for 'X' amount ( where 'X' is a pretty large amount) on my arrival to US on H1-B visa earlier this year. I've been associated with him for less than an year now.
Question:
Does this note have any significance according to US law, esp. Ohio?
If I plan to move from this consultancy, can this note be held as a Legal Document and any legal action taken against me based on this note?
What is my way out of this?
I would be highly obliged if anyone can provide any help on this matter.
Regards
Chint001
If he goes to court with that promissory note, you can file lawsuit in labor court saying that he is exploiting you and making you hostage of the promissory note. If challenged in court, the judge will throw out that promissory note as the employer used his power over you to sign that agreement. If there is any pressure used to make someone sign a document, the validity of that document can be challenged. Also, exploitation lawsuit will expose your employer to summons and checks from USCIS and DOL, which basically means close of business.
If I were you, this is what I would do. Consult an attorney in Labor law domain and ask him to represent you. Find another employer, change the H1, then tell your lawyer to call this employer for exploitation charges. It is possible that you may be able to get damages and compensation for exploitation.
.
My employer "ABC" (Consultancy) based in Ohio made me sign a Cognovit Promissory Note for 'X' amount ( where 'X' is a pretty large amount) on my arrival to US on H1-B visa earlier this year. I've been associated with him for less than an year now.
Question:
Does this note have any significance according to US law, esp. Ohio?
If I plan to move from this consultancy, can this note be held as a Legal Document and any legal action taken against me based on this note?
What is my way out of this?
I would be highly obliged if anyone can provide any help on this matter.
Regards
Chint001
If he goes to court with that promissory note, you can file lawsuit in labor court saying that he is exploiting you and making you hostage of the promissory note. If challenged in court, the judge will throw out that promissory note as the employer used his power over you to sign that agreement. If there is any pressure used to make someone sign a document, the validity of that document can be challenged. Also, exploitation lawsuit will expose your employer to summons and checks from USCIS and DOL, which basically means close of business.
If I were you, this is what I would do. Consult an attorney in Labor law domain and ask him to represent you. Find another employer, change the H1, then tell your lawyer to call this employer for exploitation charges. It is possible that you may be able to get damages and compensation for exploitation.
.
chintals
11-05 06:29 PM
No FP yet!
more...
raj2007
06-23 09:31 AM
My lawyer have said that I need to submit last year's tax return.
USCIS can ask for previous tax return any time. you maynot have tofile now but better to clean that. refile 1040X and pay the taxes and interst. you will be fine. IRS is good if you accept your mistake instead of catching you later.
USCIS can ask for previous tax return any time. you maynot have tofile now but better to clean that. refile 1040X and pay the taxes and interst. you will be fine. IRS is good if you accept your mistake instead of catching you later.
bajjuri77
05-15 10:12 PM
I am also in the same situation and I asked my attorney. He said that if we can get notarized affidavits from Parents then it is sufficient. So get the format from your attorney and get it signed by your parents. They need at least 2 affidavits who were present at the time of the birth.
more...
hopelessGC
01-21 04:38 PM
The fact that you are moving to a new employer using your EAD is in essence using the AC-21 portability provision. This new employer will now have to support your AC-21 claim.
You don't have to do anything further. In case employer A revokes your I-140, then USCIS might send an NOID. This can be easily reversed by sending in your AC-21 documents via the new employer.
There is no such thing as "continuing your GC process with your old employer" in your case. It is only true if you are working for your new employer using H1-B or other type of a visa, NOT EAD.
If anyone has doubts about what I said then please correct me.
You don't have to do anything further. In case employer A revokes your I-140, then USCIS might send an NOID. This can be easily reversed by sending in your AC-21 documents via the new employer.
There is no such thing as "continuing your GC process with your old employer" in your case. It is only true if you are working for your new employer using H1-B or other type of a visa, NOT EAD.
If anyone has doubts about what I said then please correct me.
ita
10-30 01:55 PM
What does taking Infopass mean?
Thank you.
Thank you.
more...
nixstor
07-09 08:04 PM
I am planning to go to the USCIS office tomorrow for media coverage. Any one in the DC area willing to join? This would be between 10 am and 1 pm. send me a pm with your name, number for more info. I really want to hear from the people who were ready for the protest in DC. This is a good opportunity to explain what has happened and the root cause of the issue.
wellwishergc
07-06 12:17 PM
pappu, is there a separate effort on part of IV towards a legal-immigration based bill, where issues such as visa number capture will be taken up? It has been officially reported within the Ombudsman report that 182,694 have gone unused since 2000.
Nope not possible as of now. Lawsuit is specific to visa bulletin issue.
Nope not possible as of now. Lawsuit is specific to visa bulletin issue.
more...
LostInGCProcess
08-28 04:54 PM
internal for who do u work DOS/USCIS u jerk
How did u manage to get so many red dots....at least you are on top of something!!!!:D:D
How did u manage to get so many red dots....at least you are on top of something!!!!:D:D
krishna_brc
06-17 02:56 PM
Past 180 days, I-140 revocation does not create any problems. Even if you get H1 transferred, you can still get EAD renewed. Make sure new job has job duties 'same/similar' (soc codes matches)
Hi GCCOVET,
What will happen in the below scenario
Company A sponsered GC, 140 approved and 180 days passed filing 485
if we shift to company B using H1 transfer should the new job on H1 be same/similar to GC job?
Thanks,
Krishna
Hi GCCOVET,
What will happen in the below scenario
Company A sponsered GC, 140 approved and 180 days passed filing 485
if we shift to company B using H1 transfer should the new job on H1 be same/similar to GC job?
Thanks,
Krishna
more...
bpratap
02-03 07:00 PM
What do you guys suggest me to do ?
Contact USCIS to clear the Issue ?
Or
OK to ignore, I don't need to worry about it ?
Contact USCIS to clear the Issue ?
Or
OK to ignore, I don't need to worry about it ?
WaitingForMyGC
09-26 12:20 PM
What's the difference between a catfish and a lawyer?
One's a slimy scum-sucking bottom-dwelling scavenger, the other is just a fish.
One's a slimy scum-sucking bottom-dwelling scavenger, the other is just a fish.
HRPRO
02-23 10:36 AM
I know we can enter back on AP.
I have similar situation:
I am only going for a week long training to Toronto, I am working on EAD and have a Valid AP...DO I NEED TO GET A CANADA VISA? If Yes which one, Temp Work or Temp Resident?
Arc,
You will need a Canadian visa and your employer will have to give you a letter to get the same
I have similar situation:
I am only going for a week long training to Toronto, I am working on EAD and have a Valid AP...DO I NEED TO GET A CANADA VISA? If Yes which one, Temp Work or Temp Resident?
Arc,
You will need a Canadian visa and your employer will have to give you a letter to get the same
help_please
10-05 11:01 AM
I found an article that explains the 180 day rule a little better. I believe it is called section 245(k). You should definitely get advice through an experienced attorney to make sure.
http://64.233.169.104/search?q=cache:kryvq9A7YjkJ:www.murthy.com/adjsta.html+section+245k&hl=en&ct=clnk&cd=1&gl=us
http://64.233.169.104/search?q=cache:kryvq9A7YjkJ:www.murthy.com/adjsta.html+section+245k&hl=en&ct=clnk&cd=1&gl=us
Ramba
04-09 06:08 PM
Here is my situation:
I was on H-1 B status with my former employer then I changed jobs using AC 21 and I am currently working on EAD with my new employer. I didn't transfer my H-1b from former employer to new employer since I have EAD. I still have H-1b visa stamp on my passport that will not expire until end of 2010. I am planning to go home to visit my family during the summer for 2 weeks. my question is : do i need to apply for travel document to be able to come back or can I just use the H-1B stamp on my passport even tough I am not with my green card sponsoring employer anymore??
Please advise. Thank you in advance.
You can enter with previous company H1 visa, only if you are maitaining that status (H1) with new company. As you are currenty working on EAD with other emplyer, the previous H1B visa has no use. You need AP to enter, as you are in pure AOS.
However, you can enter in H1B visa, only if you are going to work for the previous comapany upon arrival to USA (provided thay have not cancelled the H1, and still they have job offer to you upon arrival). If you do so, your 485 will get abonded, as you travelled without parloe when you are in AOS. If you want to protect 485, you must get AP before leaving. H1B visa will be usefull, only if you maintain H1 status just before leaving US and resumes H1 after arrival.
I was on H-1 B status with my former employer then I changed jobs using AC 21 and I am currently working on EAD with my new employer. I didn't transfer my H-1b from former employer to new employer since I have EAD. I still have H-1b visa stamp on my passport that will not expire until end of 2010. I am planning to go home to visit my family during the summer for 2 weeks. my question is : do i need to apply for travel document to be able to come back or can I just use the H-1B stamp on my passport even tough I am not with my green card sponsoring employer anymore??
Please advise. Thank you in advance.
You can enter with previous company H1 visa, only if you are maitaining that status (H1) with new company. As you are currenty working on EAD with other emplyer, the previous H1B visa has no use. You need AP to enter, as you are in pure AOS.
However, you can enter in H1B visa, only if you are going to work for the previous comapany upon arrival to USA (provided thay have not cancelled the H1, and still they have job offer to you upon arrival). If you do so, your 485 will get abonded, as you travelled without parloe when you are in AOS. If you want to protect 485, you must get AP before leaving. H1B visa will be usefull, only if you maintain H1 status just before leaving US and resumes H1 after arrival.
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