Sachin_Stock
08-24 12:35 PM
Hey man, thats cool that at least they asked you some questions, or RFE. Some movement in ur case, somewhere!!
I am Eb3 with PD Jan 2004 and I am totally in dark :(
I am Eb3 with PD Jan 2004 and I am totally in dark :(
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santb1975
07-17 05:57 PM
I thought contribution to IV would be a better Idea than flowers, sweets etc. A thankyou card in additon to contribution is even better :-)
amitjoey
05-28 12:27 PM
Greatly apprecite if anyone can give their inputs...
I have PD with dec 2006 and 140 approved. Filed 485 in July 2007. For october 2008 I will be done with 4 years of H1b. I am single and I may not get married untill later 2009 due to some family responsibalities. I am kind of concered about 485 getting approval by then which might jeoperdise my spouse visa later. Based on the present processing speed, mine might take minmum 2 years. But bit concerend what if USCICS make a mistake in processing 485 in terms of picking 485 from a later date and approving it?
So my query is...
1. If I now withdraw my 485 and later change company. SHould I again get a new labor and i140 approved with new company to file for 485.( Here I understand I can port my PD.).
Any inputs will be greatly apprecited....
PD With DEC 2006: IF you are from a retrogressed country, unless there is any overhaul in the precent process, or new visas added by way of new laws, you are looking at atleast 3 years of wait. Why would you want to withdraw it right now, wait for another 2-1/2 years. If suddenly you notice the dates jumping, then you can decide to withdraw.
In the meantime, get 3 years extension on your H1, based on approved I140.
Check w/lawyer.
I have PD with dec 2006 and 140 approved. Filed 485 in July 2007. For october 2008 I will be done with 4 years of H1b. I am single and I may not get married untill later 2009 due to some family responsibalities. I am kind of concered about 485 getting approval by then which might jeoperdise my spouse visa later. Based on the present processing speed, mine might take minmum 2 years. But bit concerend what if USCICS make a mistake in processing 485 in terms of picking 485 from a later date and approving it?
So my query is...
1. If I now withdraw my 485 and later change company. SHould I again get a new labor and i140 approved with new company to file for 485.( Here I understand I can port my PD.).
Any inputs will be greatly apprecited....
PD With DEC 2006: IF you are from a retrogressed country, unless there is any overhaul in the precent process, or new visas added by way of new laws, you are looking at atleast 3 years of wait. Why would you want to withdraw it right now, wait for another 2-1/2 years. If suddenly you notice the dates jumping, then you can decide to withdraw.
In the meantime, get 3 years extension on your H1, based on approved I140.
Check w/lawyer.
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Anysia
02-28 05:40 AM
Hi!
One of my friends H1 was denied recently for not having Masters.
Whats interesting is that she has already cleared NY state licensing exam and holds valid new york physical therapist license. NY does not require physical therapists to have masters.
Since NY already verified her qualifications before awarding her license and one would assume USCIS would take that into consideration ...apperently not!
I guess only option at this point to appeal and go back to school and get Masters!
You are right...the best solution is to go back to school and get masters. I just found out of at least 4 cases with same reason of denial...lack of masters degree. And Im not even applying for a renewal visa, it was a visa transfer. So in a sense I already have a visa and im not an "entry level" therapist. I am going to see another lawyer--(hopefully someone I can trust to handle my case) this monday. Ill keep you posted.
To Markelli, I dont know how this new ruling will play for you but I suggest you start school now! theres a lot of online courses--accredited ones. Having an approved I-140 might make a difference...Please consult your lawyer now. December is only 10 months away.
I hope I'll get through this too...I havent applied for GC and since its going to be employment-based, I dont know what will happen in the future. Uncertainties really scares me now. If my case gets fix, ill still get that freaking doctorate degree...ive leanred my lesson.
One of my friends H1 was denied recently for not having Masters.
Whats interesting is that she has already cleared NY state licensing exam and holds valid new york physical therapist license. NY does not require physical therapists to have masters.
Since NY already verified her qualifications before awarding her license and one would assume USCIS would take that into consideration ...apperently not!
I guess only option at this point to appeal and go back to school and get Masters!
You are right...the best solution is to go back to school and get masters. I just found out of at least 4 cases with same reason of denial...lack of masters degree. And Im not even applying for a renewal visa, it was a visa transfer. So in a sense I already have a visa and im not an "entry level" therapist. I am going to see another lawyer--(hopefully someone I can trust to handle my case) this monday. Ill keep you posted.
To Markelli, I dont know how this new ruling will play for you but I suggest you start school now! theres a lot of online courses--accredited ones. Having an approved I-140 might make a difference...Please consult your lawyer now. December is only 10 months away.
I hope I'll get through this too...I havent applied for GC and since its going to be employment-based, I dont know what will happen in the future. Uncertainties really scares me now. If my case gets fix, ill still get that freaking doctorate degree...ive leanred my lesson.
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spicy_guy
07-30 02:27 PM
Can someone translate (if you have patience)?
s416504
12-04 02:23 PM
I think EAD doesn't give us any STATUS. EAD gives us authorization to work.
We can live legally with pending AOS status. And due to AC21 protection, AOS can't be denied.
I think ashkam is missing the main point here. You are on EAD which is based on an employment based GC application where you have to be employed all the time. You (EAD and people who are on H1) are not supposed to tell that are unemployed! Duh!
A people who are on H1 (same goes to people with EAD based on a employment based GC) and out of payroll for more than 28 days (not sure about the exact # of days, some says 42 days), you are out of status.
So think twice before you disclose that you are unemployed.
We can live legally with pending AOS status. And due to AC21 protection, AOS can't be denied.
I think ashkam is missing the main point here. You are on EAD which is based on an employment based GC application where you have to be employed all the time. You (EAD and people who are on H1) are not supposed to tell that are unemployed! Duh!
A people who are on H1 (same goes to people with EAD based on a employment based GC) and out of payroll for more than 28 days (not sure about the exact # of days, some says 42 days), you are out of status.
So think twice before you disclose that you are unemployed.
more...
locomotive36
11-08 10:34 AM
Thanks to all those who voted!
Please note, that you can cast multiple votes and there is no restriction. Please take a minute each day, to cast atleast one vote per day until Nov 18th.
Spread the word around about the good cause and hope Narayan Krishnan wins!
Thank you.
Please note, that you can cast multiple votes and there is no restriction. Please take a minute each day, to cast atleast one vote per day until Nov 18th.
Spread the word around about the good cause and hope Narayan Krishnan wins!
Thank you.
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villamonte6100
11-02 08:50 AM
cjain...
Everybody has a right to express their opinions...immuser has the freedom to share information..I have the freedom to express my opinion....Hope you learn something from posts from alterego..He shared a different view which was very informative....I admit I had'nt thought about it that way...showed me a different perspective...
I guess it's time you grow up....by making sarcastic comments you help no one....If you have nothing to say....there is no rule in the forumn that you have to.....Ever tried keeping your mouth Shut...
Its better to keep your mouth Shut and let others think you are a fool, rather than opening your mouth and confirming all doubts ...
I totally agree with your earlier comment. This is an immigration forum for people like us in the US. If we can just post anything here, then I'd like to post my problems with my neighbor as well.
Once again, Good on you mate!!!!
Everybody has a right to express their opinions...immuser has the freedom to share information..I have the freedom to express my opinion....Hope you learn something from posts from alterego..He shared a different view which was very informative....I admit I had'nt thought about it that way...showed me a different perspective...
I guess it's time you grow up....by making sarcastic comments you help no one....If you have nothing to say....there is no rule in the forumn that you have to.....Ever tried keeping your mouth Shut...
Its better to keep your mouth Shut and let others think you are a fool, rather than opening your mouth and confirming all doubts ...
I totally agree with your earlier comment. This is an immigration forum for people like us in the US. If we can just post anything here, then I'd like to post my problems with my neighbor as well.
Once again, Good on you mate!!!!
more...
chanduv23
05-28 03:51 PM
Heard this from our company lawyer .... uscis will issue RFE for all I-485 applications that are pending for a while to make sure the applicant still has the job offer. He got this from a very reliable source. I dont know how true it is...just sharing what I have heard.
RFE for employment verification seems to be common these days. As long as you are eligible to port jobs under AC21 - there is no need to worry if you used AC21.
RFE for employment verification seems to be common these days. As long as you are eligible to port jobs under AC21 - there is no need to worry if you used AC21.
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pd_recapturing
08-14 05:51 PM
Hi, I recently filed my I-485 using my pre-approved Eb3 I-140 (PD:May 2004). Around a month back, I applied a new EB2 I140 and that got approved today so I have ported my PDs to this new EB2 I-140. Now, I am planning to file an amendment to replace the EB3 I-140 with EB2 I-140 attached with my I-485. Some people call this process as interfiling too. Can somebody please let me know if he/she has done it before and how long does it take to get affected?
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starseed
07-21 05:49 PM
I did read some other posts re: this, but I'm not too sure how to go about it, what to say to them, etc? Should it be in writing, by phone? Plus the state of CA is so overwhelmed with budget issues, do you think they'd want to devote time to it? :confused:
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s416504
12-03 03:02 PM
Does anyone knows if Person eligible for AC21 porting is eligible for unemployment benefit?
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goel_ar
01-17 09:12 AM
Hi All,
My situation finally got resolved. Just wanted to share with everyone --
1. If you don't travel after Oct 1, 2008 & have I-94 with effective date of October Ist 2008 - your status is as per I-94 effective October Ist , 2008. Last Action rule does NOT apply here. We confirmed it with different attorneys, USCIS, Immigration officer, CBP officer. So "texcan" & "astral1977" are wrong in their interpretation.
System should have updated on OCtober Ist, 2008 with H1 status; DHS, USCIS, CBP departments told us that Vermont center didn't do something right in updating the system when issued you H1 notice.
Btw, CBP officer at airport (Department of corrections ) verified that my wife's H4, I-94 (received Sep 10, 2008) is active in system & it should have been de-activated on oct, ist 2008 with h1, I-94.
2. Regarding SSN - We reapplied for SSN & asked SSN office to send the G-845 form manually to DHS. Then after spending 40-50 hours with NSC on phone with multiple calls, we found that there is a phone number , which SSN office can call to check the status of G-845 request with DHS department.
Number is :- 1-888-464-4218.
Normally SSN office should call - but in my wife's case, my wife called herself & after being transferred to 2nd tier, officer was helpful & told that verification has been sent to SSN on Jan 2. Visited SSN office a week after that and got my wife's SSN #.
If you need any more assistance, please feel free to PM me or send me an email to goel_ar@no-spam.yahoo.com.
Thanks,
AG
My situation finally got resolved. Just wanted to share with everyone --
1. If you don't travel after Oct 1, 2008 & have I-94 with effective date of October Ist 2008 - your status is as per I-94 effective October Ist , 2008. Last Action rule does NOT apply here. We confirmed it with different attorneys, USCIS, Immigration officer, CBP officer. So "texcan" & "astral1977" are wrong in their interpretation.
System should have updated on OCtober Ist, 2008 with H1 status; DHS, USCIS, CBP departments told us that Vermont center didn't do something right in updating the system when issued you H1 notice.
Btw, CBP officer at airport (Department of corrections ) verified that my wife's H4, I-94 (received Sep 10, 2008) is active in system & it should have been de-activated on oct, ist 2008 with h1, I-94.
2. Regarding SSN - We reapplied for SSN & asked SSN office to send the G-845 form manually to DHS. Then after spending 40-50 hours with NSC on phone with multiple calls, we found that there is a phone number , which SSN office can call to check the status of G-845 request with DHS department.
Number is :- 1-888-464-4218.
Normally SSN office should call - but in my wife's case, my wife called herself & after being transferred to 2nd tier, officer was helpful & told that verification has been sent to SSN on Jan 2. Visited SSN office a week after that and got my wife's SSN #.
If you need any more assistance, please feel free to PM me or send me an email to goel_ar@no-spam.yahoo.com.
Thanks,
AG
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kumar1305
01-23 12:35 PM
Can you provide more details...?
I work in south Florida. My employer is seriously involved in helping the people. They got a blood bank here and requested to donate. Even though I never did before, I thought it is much required now as I see many people are in the hospitals. They were even collecting the red blood cells sending plasma back in to the donor. This is done by some machine. But that was a bit painful and time consuming, I preferred to donate blood the tradition way. Money is collected by few employees on behalf of red cross and few other charities. So employees got some cakes, buns and you buy a piece for $10 or $20. Not only that we can donate our old usable clothing, blankets.
I work in south Florida. My employer is seriously involved in helping the people. They got a blood bank here and requested to donate. Even though I never did before, I thought it is much required now as I see many people are in the hospitals. They were even collecting the red blood cells sending plasma back in to the donor. This is done by some machine. But that was a bit painful and time consuming, I preferred to donate blood the tradition way. Money is collected by few employees on behalf of red cross and few other charities. So employees got some cakes, buns and you buy a piece for $10 or $20. Not only that we can donate our old usable clothing, blankets.
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GCNirvana007
09-10 11:48 PM
You are either unmarried or Divorced....Absolutely kidding :)
Unmarried actually :p
Unmarried actually :p
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TeddyKoochu
04-22 03:42 PM
Congrats and thanks for sharing this great news. Looks like E-E Relationship memo is not being applied.
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katrina
05-31 01:05 PM
You should look at it from the point of view of the immigration officer, that person was 50% immigrant and because of that needs to apply for a Green Card, on the mean time one visit a year for less than 90 days or one visit every two years for 6 months will make them a 25% of the time or less resident of USA, which doesn't raise any flag, you have to put yourself in the shoes of the immigration officer.
Yup and for that reason people try to sponsor their family and their relative (sister and brother ) for Green Card. Because whenever you try to follow the system they try to make hard on you. When you try honest way telling the truth that you just want to visit your friends or family here they suspect you want to immigrate here. Older people from other country tend not to come over here and stay cause they will fully depend on their kid to get around
in unfamiliar place but I guess the immigration officer don't think like that.
Yup and for that reason people try to sponsor their family and their relative (sister and brother ) for Green Card. Because whenever you try to follow the system they try to make hard on you. When you try honest way telling the truth that you just want to visit your friends or family here they suspect you want to immigrate here. Older people from other country tend not to come over here and stay cause they will fully depend on their kid to get around
in unfamiliar place but I guess the immigration officer don't think like that.
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ras
05-23 10:29 AM
Is EAD to H1 a complicated process? If so what could be the reasons.
I still have 1.5 years on H1. I posted earlier but didn't get a clear idea.
I still have 1.5 years on H1. I posted earlier but didn't get a clear idea.
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NKR
08-14 04:46 PM
Please note that, this is no more the issue of not-paying me at all-- He cleverly cleared recently the amount which is stated on my LCA H1. What he is actually withholding, is the difference of this and the actual salary (percentage) that was agreed upon, at that time.
Then I am afraid you have no case. If the vendor has paid your employer and he is not paying you after you told them you are quitting then it is unethical, but legal, sometimes I wonder how do they even feed their family and clothe them with all this ill gotten money.
Then I am afraid you have no case. If the vendor has paid your employer and he is not paying you after you told them you are quitting then it is unethical, but legal, sometimes I wonder how do they even feed their family and clothe them with all this ill gotten money.
PD_Dec2002
07-07 10:21 PM
are you talking about filing LC for ad sent out already that I said ? or ...
Showing 1 year of work experience when you don't really have that experience. You can be asked for pay stubs, employer verification letters, etc. for I-140 and maybe even for I-485. For all you know, you might have a smooth ride all the way to your GC. But as I wrote earlier, there's no guarantee when your past can come back to haunt you.
Thanks,
Jayant
Showing 1 year of work experience when you don't really have that experience. You can be asked for pay stubs, employer verification letters, etc. for I-140 and maybe even for I-485. For all you know, you might have a smooth ride all the way to your GC. But as I wrote earlier, there's no guarantee when your past can come back to haunt you.
Thanks,
Jayant
jthomas
06-09 12:49 PM
When i went to Mumbai last december i got my H1B stamped. while coming to US i showed the POE my H1B stamped visa he asked me for Advanced parol document and i was Parolled.When i asked him i have a H1B stamped in my passport why do i need to be parolled. He answered AP has a higher preference than H1B.
the bottom line is " H1B stamping will not be considered for your entry". Its just a stamp for your satisfaction.
I am not going to stamp my H1B again. 18 months back when i came from Vancouver Canada the POE let me in by AP not by H1B visa. I asked him about my valid H1B and the POE told me you can enter using either one but we prefer AP.
If you are a local from mumbai then its okay to attend a interview and get stamped. They don't ask much in my interview. In my last interview they asked me in the picture you have a mouthstach and now you are clean shaven. So that is the level of questions asked at the interview. Its just 2-3 hours of work or maybe half a day if you wish to do it.
One more proble i went through at mumbai consulte, The dates were posted 1 week in advance and then a local person has to go and submit the document to the consulate. the FEDEX from US to India would be costing around 68 to 150 dollars and it needs to be reached within 1-2 days (i.e. 3 days before the interview). I got it done somehow.
J thomas
the bottom line is " H1B stamping will not be considered for your entry". Its just a stamp for your satisfaction.
I am not going to stamp my H1B again. 18 months back when i came from Vancouver Canada the POE let me in by AP not by H1B visa. I asked him about my valid H1B and the POE told me you can enter using either one but we prefer AP.
If you are a local from mumbai then its okay to attend a interview and get stamped. They don't ask much in my interview. In my last interview they asked me in the picture you have a mouthstach and now you are clean shaven. So that is the level of questions asked at the interview. Its just 2-3 hours of work or maybe half a day if you wish to do it.
One more proble i went through at mumbai consulte, The dates were posted 1 week in advance and then a local person has to go and submit the document to the consulate. the FEDEX from US to India would be costing around 68 to 150 dollars and it needs to be reached within 1-2 days (i.e. 3 days before the interview). I got it done somehow.
J thomas
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