va_labor2002
06-16 01:22 PM
Excellent idea. Please talk to the Core team.
We should set up a webfax/email for all members to be sent to CNN and FOX like the ones we setup for the senators.
Any comments from Core team ?
We should set up a webfax/email for all members to be sent to CNN and FOX like the ones we setup for the senators.
Any comments from Core team ?
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leoindiano
02-24 12:26 PM
I have a freind whose DUI came up when he went to stamping in CANADA...They gave him the visa after 10 days, after clearance from FBI, This is most likely the same...If the charges are reduced before you filed I-485, then it should not be a problem. You just show them the proof. Having attorney with you will definitely help.
ns33
03-12 10:39 PM
Does this mean I can port the PD even if I moving from a technical position to a managerial position in a different company. of course I know one has to file a new perm and I140 with the new company.
I think you can - however, please get some legal consultation for that from a good lawyer.
I think you can - however, please get some legal consultation for that from a good lawyer.
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saketkapur
04-13 09:27 PM
Well I checked with my old employer's legal dept and the lawyer and they won't be revoking my 140........also since its a soft LUD so it should not be so far related to my layoff....
However since my employer will be informing USCIS of my H1B termination in 30 to 45 days I guess I will have to be on a lookout for an RFE by mid may....
In the mean time I have filed a new G28 through my own lawyer and am trying get into a job soon and file AC21........
Lets see who will win the race of paperwork and beurocratic bullshit...... :eek:
Another day in paradise....... :rolleyes:
However since my employer will be informing USCIS of my H1B termination in 30 to 45 days I guess I will have to be on a lookout for an RFE by mid may....
In the mean time I have filed a new G28 through my own lawyer and am trying get into a job soon and file AC21........
Lets see who will win the race of paperwork and beurocratic bullshit...... :eek:
Another day in paradise....... :rolleyes:
more...
sertasheep
09-15 07:25 PM
We have received only 5 nonfrivolous questions to date in preparation for the next call. This does not meet the critical mass of 20-25 questions for justifying a conference call.
Please follow process detailed in earlier thread ( http://immigrationvoice.org/forum/showthread.php?t=1267 ) for us to consider your questions.
Please follow process detailed in earlier thread ( http://immigrationvoice.org/forum/showthread.php?t=1267 ) for us to consider your questions.
Solong
07-21 12:53 PM
My H1-B visa expired on June 16, 2007. Extension (I-129) has been filed in May 2007 (before expiration). It has not been approved yet. It's still pending. My LC has been approved on July 09, 2007 and my PD is April 2004. My question is: Can I file concurrently I-140 and I-485? Will my application be rejected or will an RFE be issued?
Thanks for your input.
Solong:confused:
Thanks for your input.
Solong:confused:
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jimcourier
06-08 05:14 PM
Hi folks,
Thanks to all who responded and viewed my post.
I am still in the US, I had to reschedule my travel plans, which leaves me very little time for the event. But atleast, I have the satisfaction that I gave it my best shot.
On the plus side, I get to stay back for a couple more days, so that's good.
BTW, my status is still pending. The website updated the status late Friday afternoon, and changed it from "Request for more evidence sent" to "Evidence received, and processing resumed".
I even had my manager call the USCIS service center for a status update, where he was spoken to rather rudely and curtly by the visa officer. The officer just stated that they have received the documents we sent, and will be processing the application. He also said that the website does not get updated regularly or instantly. Rather, the flow of things would be like this :-
Application adjudicated, E-mail sent to Petitioner, Mail sent to petitioner, Status updated.
I am still hoping that my new company atleast gets the approval e-mail before I leave.
And since I don't have a valid visa anyways, I will be relying on this approval to get my visa stamped.
Thanks for all your help.
Thanks to all who responded and viewed my post.
I am still in the US, I had to reschedule my travel plans, which leaves me very little time for the event. But atleast, I have the satisfaction that I gave it my best shot.
On the plus side, I get to stay back for a couple more days, so that's good.
BTW, my status is still pending. The website updated the status late Friday afternoon, and changed it from "Request for more evidence sent" to "Evidence received, and processing resumed".
I even had my manager call the USCIS service center for a status update, where he was spoken to rather rudely and curtly by the visa officer. The officer just stated that they have received the documents we sent, and will be processing the application. He also said that the website does not get updated regularly or instantly. Rather, the flow of things would be like this :-
Application adjudicated, E-mail sent to Petitioner, Mail sent to petitioner, Status updated.
I am still hoping that my new company atleast gets the approval e-mail before I leave.
And since I don't have a valid visa anyways, I will be relying on this approval to get my visa stamped.
Thanks for all your help.
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maheshf
10-10 02:09 PM
Don�t worry. You will be in a good shape if you had your AP. I just came back from France and Switzerland. Both countries gave me Visa on AP, employment letter. The process was lot smoother than I expected. I will recommend that go ahead and apply..notthing to loose.
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pappu
05-27 02:52 PM
sorry about that, i was planning to file in 2007, but didn't complete the process, and forgot to update my profile. it is updated now. thanks for pointing it out.
Thanks. I will try to answer here. The attorneys on forum maybe able to help you further and give a more reliable answer as they know the law.
From what I know NIW means you are asking for a Labor process waiver. Thus you can apply I140 directly without labor certification. However after the PERM process introduction getting Labor certificate is not that time consuming as it was earlier. ( I know these days it has become more time consuming ) Nevertheless you can still save your labor process time by applying for NIW. Note that collecting the proof and preparing the application can also be time consuming. In order to file an NIW petition, the you must be able to demonstrate that you are seeking work in an area of substantial intrinsic merit to the US, that the benefit from your proposed activity will be national in scope, and that such national interest would be adversely affected if a Labor Certification were required for your application.
Note that there is a difference in exceptional ability and extraordinary ability that is a requirement for EB1. Exceptional ability means your degree, skills and achievements are above than what is normally found in your peers. Extraordinary has a far higher standards that you need to meet. You can file as an advanced degree holder but if you are requesting waiver of Labor certification you need to prove the 3 criteria stated above. They can be proved by your various publications, awards, letters from experts, patents etc.
Thanks. I will try to answer here. The attorneys on forum maybe able to help you further and give a more reliable answer as they know the law.
From what I know NIW means you are asking for a Labor process waiver. Thus you can apply I140 directly without labor certification. However after the PERM process introduction getting Labor certificate is not that time consuming as it was earlier. ( I know these days it has become more time consuming ) Nevertheless you can still save your labor process time by applying for NIW. Note that collecting the proof and preparing the application can also be time consuming. In order to file an NIW petition, the you must be able to demonstrate that you are seeking work in an area of substantial intrinsic merit to the US, that the benefit from your proposed activity will be national in scope, and that such national interest would be adversely affected if a Labor Certification were required for your application.
Note that there is a difference in exceptional ability and extraordinary ability that is a requirement for EB1. Exceptional ability means your degree, skills and achievements are above than what is normally found in your peers. Extraordinary has a far higher standards that you need to meet. You can file as an advanced degree holder but if you are requesting waiver of Labor certification you need to prove the 3 criteria stated above. They can be proved by your various publications, awards, letters from experts, patents etc.
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BharatPremi
12-05 05:09 PM
BharatPremi,
No offense, but why have you opened 2 threads with very similar information and questions?.
Both threads can not be said "Similar". First one is related with Soft LUD and this one relates to strange 485 approval. So I do not know how did you derive similarity between them. Now general perception is that "SOFT LUD" means nothing. Mostly that perception seems to be correct but it is not always so. In my case, somebody at USCIS reentered the address and hence I got the soft LUD. When I called to USCIS I found about that and USCIS lady herself insisted then to verify my present address "because somebody made an entry today and that without change of address request". Another example I can give you is around 2 years back, I do not remember exact time period but general observation was after 10 days of having soft LUD on 485, people (Ofcourse some cases but considerable number so on many threads people discussed that at length...)used to see "Current" for visa bulletins and get card production ordered emails...
No offense, but why have you opened 2 threads with very similar information and questions?.
Both threads can not be said "Similar". First one is related with Soft LUD and this one relates to strange 485 approval. So I do not know how did you derive similarity between them. Now general perception is that "SOFT LUD" means nothing. Mostly that perception seems to be correct but it is not always so. In my case, somebody at USCIS reentered the address and hence I got the soft LUD. When I called to USCIS I found about that and USCIS lady herself insisted then to verify my present address "because somebody made an entry today and that without change of address request". Another example I can give you is around 2 years back, I do not remember exact time period but general observation was after 10 days of having soft LUD on 485, people (Ofcourse some cases but considerable number so on many threads people discussed that at length...)used to see "Current" for visa bulletins and get card production ordered emails...
more...
jsb
11-14 11:51 AM
EAD and AP for me and spouse are online. I-485's are still not online, although FP notices are received.
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va_labor2002
06-16 01:22 PM
Excellent idea. Please talk to the Core team.
We should set up a webfax/email for all members to be sent to CNN and FOX like the ones we setup for the senators.
Any comments from Core team ?
We should set up a webfax/email for all members to be sent to CNN and FOX like the ones we setup for the senators.
Any comments from Core team ?
more...
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kaisersose
12-18 04:29 PM
I do not have links, but I have heard of 140 approvals being called into question during 485 adjudication. Some have resulted in 140 denials at that point.
So a 140 approval is not carved in stone...it is reversible.
So a 140 approval is not carved in stone...it is reversible.
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va_dude
12-11 03:39 PM
i guess you could travel when an EAD/AP is pending, not sure.
But i don't think there's any way for you to get back into the country unless you have:-
1. h1/h4 visa stamped, or
2. approved AP (with the validity period of AP covering your return date)
But i don't think there's any way for you to get back into the country unless you have:-
1. h1/h4 visa stamped, or
2. approved AP (with the validity period of AP covering your return date)
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gcwait2007
10-21 12:13 PM
I had submitted I-131 document along with I-485 & 765 on 8/1 and received the receipt notices already from TSC.
I had received my EAD card on 10/10 and Biometrics is scheduled on 11/13.
I have booked my travel tickets for treveling to India on 01/04/2008.
What should I do now, to get AP (I-131) approved?
Thanks in advance
I had received my EAD card on 10/10 and Biometrics is scheduled on 11/13.
I have booked my travel tickets for treveling to India on 01/04/2008.
What should I do now, to get AP (I-131) approved?
Thanks in advance
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Legal
08-15 08:13 AM
USCIS is fishing form I485 application pool, in approvable cases, 2006 cases are nearest and an easy catch.
the more readily reachable boxes are filled with later PDs with a few 2004-5 PDs. The older PD applications are in boxes in storage area. Sounds brutal to those with earlier PDs, but no other rational explanation is forthcoming. This will all work out OK, if they have an accurate estimate of both the pending cases and available GC numbers.
To top it all there is total disconnect between TSC and NSC.
the more readily reachable boxes are filled with later PDs with a few 2004-5 PDs. The older PD applications are in boxes in storage area. Sounds brutal to those with earlier PDs, but no other rational explanation is forthcoming. This will all work out OK, if they have an accurate estimate of both the pending cases and available GC numbers.
To top it all there is total disconnect between TSC and NSC.
more...
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a_yaja
03-07 09:43 AM
You require a new H1B stamp in your passport. If you look at your existing H1B stamp - it will have the name of your company (it is not clear from your post if this is Company A or Comapny B). Once you quit the company and leave this country, you need to have new stamp. In your case, you must have H1B stamp from Company C when you enter after you leave the country (unless you are visiting Mexico or Canada - in which case you can use automatic revalidation rule - provided you are out of the country for less than 30 days).
I am not sure what will happen if you try to reenter on a H1B with old company. The POE will have some way to find out in which company u r working.
I am not sure what will happen if you try to reenter on a H1B with old company. The POE will have some way to find out in which company u r working.
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csirigam
02-18 10:24 AM
We filed back in June'07 and received secong finger printing requests last week.
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julsun
01-03 12:55 PM
From what you say do you mean your wife now has no current visa status?
If so she has to have advanced parole in hand to travel. She is effectively now on her EAD and AOS combined and neither of these bestows travel privileges.
If however, as other responders have assumed, that your wife is on an H4 now as your dependent then she can go for visa stamping and re enter the US on that visa
Yes she not current visa status :-( Thats why I am worried about her travel plan.
If so she has to have advanced parole in hand to travel. She is effectively now on her EAD and AOS combined and neither of these bestows travel privileges.
If however, as other responders have assumed, that your wife is on an H4 now as your dependent then she can go for visa stamping and re enter the US on that visa
Yes she not current visa status :-( Thats why I am worried about her travel plan.
sid_das
04-21 06:15 PM
yes, i am in IT , data warehousing .. i dont know why it didnt go through. any idea if i can file a new H1 while appealing the denial? thanks
pani_6
07-06 11:44 PM
If I have to apply for a new PERM Lc and then I-140 in EB2..how long would the entire process take
PERM-How many months??.
I-140- How mnay months??..(10th year of h1b can I get Premium Processing) done
Thanks for your answers guys...I am really tired of waiting...
PERM-How many months??.
I-140- How mnay months??..(10th year of h1b can I get Premium Processing) done
Thanks for your answers guys...I am really tired of waiting...
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