at0474
12-17 12:57 PM
"1) if I tell the current employer to contine the process(which I dont think he will have problem with) and join the job on h1b will my I-485 status be changed or will it effects the current process?
2) I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
"
--Questions are not clear or I failed to understand them. IMO, when I-140 is denied, 485 goes down the drain. While your I-140 is in MTR process, you can switch to another job on h1b and start PERM process and then I-140 immediately. Since your 6 years on h1b are up, make sure the new process qualifies you for further h1b extensions(beyond 6 years) based on 365 day rule.
My guess is, if your I-140 gets denied, your h1b with 3 years of validity is not going to be valid any longer. Because you got that extension based on your previous labor and I-140. You have to jump to new GC process as soon as possible.
Also, talk to your lawyer. Hold my opinion as mere opinion.
2) I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
"
--Questions are not clear or I failed to understand them. IMO, when I-140 is denied, 485 goes down the drain. While your I-140 is in MTR process, you can switch to another job on h1b and start PERM process and then I-140 immediately. Since your 6 years on h1b are up, make sure the new process qualifies you for further h1b extensions(beyond 6 years) based on 365 day rule.
My guess is, if your I-140 gets denied, your h1b with 3 years of validity is not going to be valid any longer. Because you got that extension based on your previous labor and I-140. You have to jump to new GC process as soon as possible.
Also, talk to your lawyer. Hold my opinion as mere opinion.
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JuneBut2ndJuly
09-05 06:53 PM
Today employer sent mail checks cashed.waiting for receipts.
Jul 2nd Received by J Barrett at 10:25 AM at NSC
My I-140 was approved from TSC in Feb 2007
My PD is Jun 2003; EB2-India
Jul 2nd Received by J Barrett at 10:25 AM at NSC
My I-140 was approved from TSC in Feb 2007
My PD is Jun 2003; EB2-India
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quizzer
01-02 12:01 PM
New Passport or Renewal depends on your current passport. If there is an "(F)" after the expiry date of your passport, then you will have to apply for a new one. Otherwise you can renew the existing one. Even if you get a new one, the consulate will return the old one - and you can carry both passports if your old one has a valid visa. I am not sure if renewal will result in a new passport copy or if they will just change the date in the existing passport. After coming to the US, I could only apply for a new one as I could not renew my old one (old one was applied for when I was below 18 yrs old). At that time, I carried both my old passport with F1 stamp and new passport untill I got H1 stamped in my new passport. The new passport I got back in 1997 was valid for 20 years (expires in 2017).
Thank you very much.
I dont have a "F" next to the expiry date on the current passport. so i can do the processing for renewal i guess and pay only the $15 for delivery charges.
Pls clarify.
Thanks
Thank you very much.
I dont have a "F" next to the expiry date on the current passport. so i can do the processing for renewal i guess and pay only the $15 for delivery charges.
Pls clarify.
Thanks
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meetpravee
07-16 04:25 PM
Call the toll free number (877-CBP-5511 ) of the customs and border patrol (Questions/Customer Service - CBP.gov (http://www.cbp.gov/xp/cgov/toolbox/contacts/customer_service.xml)). They can give you the location and number of your local city's office. Call your local city customs office and identify yourself using passport number. They may ask you some basic questions to verify your identity.
Inform the officer about the query from USCIS and ask them to give you the I-94 number, validity date. They wont give you a physical copy of I-94, but they will certainly tell you the I-94 number and expiry date. While responding to the RFE from USCIS, you can say that - "I-94 is taken back while leaving the country. Based on the call with Customs and Border patrol on so and so date and time, the I-94 number is blaw and validatity date is blaw blaw"
Your attorney should be able to write the above message in legal language. I had a similar RFE and I was able to call customs office and get all my I-94 information. When I called the local Customs and border patrol office, they picked up the phone immediately and they seem to be very friendly. Good luck.
Inform the officer about the query from USCIS and ask them to give you the I-94 number, validity date. They wont give you a physical copy of I-94, but they will certainly tell you the I-94 number and expiry date. While responding to the RFE from USCIS, you can say that - "I-94 is taken back while leaving the country. Based on the call with Customs and Border patrol on so and so date and time, the I-94 number is blaw and validatity date is blaw blaw"
Your attorney should be able to write the above message in legal language. I had a similar RFE and I was able to call customs office and get all my I-94 information. When I called the local Customs and border patrol office, they picked up the phone immediately and they seem to be very friendly. Good luck.
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sagar_nyc
08-15 11:28 AM
Ramesh,
Try to get as much info about this acquisition. I was in simillar situation. Company I used to work with got acquired by another company. and that time our labor was pending. We had to start process all over again and end up losing our two year of PD, because New company was located in different state. their tax id was different etc.
My advice to you is consult with good attorney.
Here is my situation:
My sponsoring company 'A' was acquired by company 'B' last month and name changed to company 'B' with B's pay stubs.
Am on H1 now and i applied my 485 in August 2007 with 140 approved in May 2007.
Company B informed me that they informed USCIS regarding the acquisition(i don't what they mean !!).
Questions:
1. How is my green card process proceeds with company 'B'? Should the company 'B' file I140 amendment or is there any thing they have to take care?
2. Can i join with company 'C' by invoking AC21?
Please share your thoughts and experiences.
Try to get as much info about this acquisition. I was in simillar situation. Company I used to work with got acquired by another company. and that time our labor was pending. We had to start process all over again and end up losing our two year of PD, because New company was located in different state. their tax id was different etc.
My advice to you is consult with good attorney.
Here is my situation:
My sponsoring company 'A' was acquired by company 'B' last month and name changed to company 'B' with B's pay stubs.
Am on H1 now and i applied my 485 in August 2007 with 140 approved in May 2007.
Company B informed me that they informed USCIS regarding the acquisition(i don't what they mean !!).
Questions:
1. How is my green card process proceeds with company 'B'? Should the company 'B' file I140 amendment or is there any thing they have to take care?
2. Can i join with company 'C' by invoking AC21?
Please share your thoughts and experiences.
mk26
02-24 08:18 AM
I am also looking for answer on this..Anyone please??
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nonimmi
10-19 03:46 PM
If you applied for labor through PERM and have a copy of you PERM application, the DOL o*net code is listed in section F. Box 2. of the ETA 9089 form. This code can then be looked up at the o*net web site: http://online.onetcenter.org/find/
Do you know how to find this DOL o*net code for non-PERM cases?
Do you know how to find this DOL o*net code for non-PERM cases?
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seeking_GC
07-19 01:34 PM
I came back from India yesterday and used my AP for the second time in SFO ( had been to India last November using the same AP) and had absolutely no issues. I have used AC 21 so I am not with the employer who started my GC process.
When you come into immigration they take your finger prints, just hand them your AP and passport and they will send you to secondary inspection.( If you are using AP you are always sent to secondary inspection), place your passport and AP in the slots placed on the table as you enter the room, the immigration officers will pick up the papers one by one and call your name if they have any questions. For me they asked if I had only one copy of my AP, I said yes as they had kept one copy the last time I had used my AP. He then asked me how long I was out of the country (2 weeks ) and whether it was business or vacation ( business in my case ), he asked me to have a seat, five mins later he called and gave me my passport and parole stamped AP ( He stamped it a second time as there was already a parole stamp on the AP) Whole process took about 20-25 mins.
Hope that helps
When you come into immigration they take your finger prints, just hand them your AP and passport and they will send you to secondary inspection.( If you are using AP you are always sent to secondary inspection), place your passport and AP in the slots placed on the table as you enter the room, the immigration officers will pick up the papers one by one and call your name if they have any questions. For me they asked if I had only one copy of my AP, I said yes as they had kept one copy the last time I had used my AP. He then asked me how long I was out of the country (2 weeks ) and whether it was business or vacation ( business in my case ), he asked me to have a seat, five mins later he called and gave me my passport and parole stamped AP ( He stamped it a second time as there was already a parole stamp on the AP) Whole process took about 20-25 mins.
Hope that helps
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CheckRaise
10-09 06:38 PM
you can search for cases filed using start and end date - its nothing fancy or interesting as you might have imagined - if your employer is indeed saying that its hard to pull old cases - its total BS -- either they dont want you to worry or they dont want to divulge your case number
I have requested again for the screenshot mentioning the same and waiting on a response. You do seem to have an idea how it looks like, if you dont mind, would you be able to post a screenshot with all information greyed out. With that handy, if they come back with, 'no way' I can go back at them hard saying they are BS'ing me and call their bluff.
Thanks again!
I have requested again for the screenshot mentioning the same and waiting on a response. You do seem to have an idea how it looks like, if you dont mind, would you be able to post a screenshot with all information greyed out. With that handy, if they come back with, 'no way' I can go back at them hard saying they are BS'ing me and call their bluff.
Thanks again!
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lazycis
02-14 10:13 AM
From my experience, if you file EAD/AP by yourself, all communications regarding EAD/AP will go to you. No need to file G-28. If you want all I-485 communication rerouted to you, you need to file G-28 and put yourself as a representative.
I could not find age restriction for EAD, you may try to file. However there are legal restrictions on child labor in US so I really doubt they will issue EAD for a minor (under 14 years). My friend cound not get EAD for 12 year old.
I could not find age restriction for EAD, you may try to file. However there are legal restrictions on child labor in US so I really doubt they will issue EAD for a minor (under 14 years). My friend cound not get EAD for 12 year old.
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sdudeja
01-29 08:31 PM
I checked online for my daughter's 485 and it shows approved and document(possibly GC):eek: mailed on 12 Jan. But my status shows RFE stage. Another interesting thing is my daughter got fingerprinting for Jan 15. She has already done fingerprinting with us in Dec 07. Even if it was to be approved for my daughter how it can happen that she goes for FP on 15 Jan and they mailed document. I dont know what is going on. Any suggestions?
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waitingnwaiting
10-05 10:34 AM
I am planning to go to India with my family in december. Please suggest some tourist spots across India.
Not the usual ones like tajmahal or gateway of india etc. Thank you.
Your ID is offensive, TelanganaINDIA
So here is a lesson for you
Go to Calcutta and visit Missionaries of Charity. Donate some of your dollars there for a good cause.
Then go to Bombay Dharavi slums.
Then go to villages in India and live with poor.
Your family will understand the reality of this world and become better human beings with you. Or they will think Andhra is a country and Andhrites are the only people in this world. It is typical of some Indians who only care and mix with their own state. (Begalis, Andhra, Marathi to name a few). India is declining due to such people who do not believe in being an Indian.
Not the usual ones like tajmahal or gateway of india etc. Thank you.
Your ID is offensive, TelanganaINDIA
So here is a lesson for you
Go to Calcutta and visit Missionaries of Charity. Donate some of your dollars there for a good cause.
Then go to Bombay Dharavi slums.
Then go to villages in India and live with poor.
Your family will understand the reality of this world and become better human beings with you. Or they will think Andhra is a country and Andhrites are the only people in this world. It is typical of some Indians who only care and mix with their own state. (Begalis, Andhra, Marathi to name a few). India is declining due to such people who do not believe in being an Indian.
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logiclife
06-20 02:26 PM
:( :( unfortunatelly I don't have 140 copy. :( It seems I can't do anything in this case.
I think you can file an FOIA (freedom of information act) form to get copy of your 140 approval from USCIS. The only problem is that it will take some time to do that.
However, do it in any case. You will need that 140 approval later on, even for filing H1 transfer after your intial 6 years are gone.
Guys and gals: Please use all tactics possible and all negotiating powers possible to get copies of approvals from your employers for your file. Whether its 140 or H1, you should have copies of them. The copies are not employer's properties. The petitions are. A photocopy is a piece of paper that says something. If you have photocopy, doesnt mean you own that H1 or 140. Dont fall for this bullshit that "H1 and 140 are properties of the employer so we cant give it to you". BULLSHIT. If someone has a photocopy of the title of my car, does it mean that he owns that car?? NO. I still own it. Anyone can have a photocopy of it. In fact, DMV does have a copy of it. HAVING XEROX COPIES DONT IMPLY TRANSFER OF OWNERSHIP OR OWNERSHIP OF PETITIONS.
PLEASE FIGHT THIS BULLSHIT AND TRY TO GET OUT OF THE MESS.
There is a provision in CIR that's pending that makes it mandatory for employers to share all immigration paperwork photocopies with employees. That proves that ITS COMMON SENSE that it should be done if its not already done by some crooked employers.
I think you can file an FOIA (freedom of information act) form to get copy of your 140 approval from USCIS. The only problem is that it will take some time to do that.
However, do it in any case. You will need that 140 approval later on, even for filing H1 transfer after your intial 6 years are gone.
Guys and gals: Please use all tactics possible and all negotiating powers possible to get copies of approvals from your employers for your file. Whether its 140 or H1, you should have copies of them. The copies are not employer's properties. The petitions are. A photocopy is a piece of paper that says something. If you have photocopy, doesnt mean you own that H1 or 140. Dont fall for this bullshit that "H1 and 140 are properties of the employer so we cant give it to you". BULLSHIT. If someone has a photocopy of the title of my car, does it mean that he owns that car?? NO. I still own it. Anyone can have a photocopy of it. In fact, DMV does have a copy of it. HAVING XEROX COPIES DONT IMPLY TRANSFER OF OWNERSHIP OR OWNERSHIP OF PETITIONS.
PLEASE FIGHT THIS BULLSHIT AND TRY TO GET OUT OF THE MESS.
There is a provision in CIR that's pending that makes it mandatory for employers to share all immigration paperwork photocopies with employees. That proves that ITS COMMON SENSE that it should be done if its not already done by some crooked employers.
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jack_b_uta
06-21 09:37 AM
IV core members have been in media MANY times.
Aman Kapoor(Fox News, Washington Post), Shilpa Ghodgaonkar(Washington Post, South Asia Insider), Siva Singaram(NBC), Pratik Dakwala (FOX 2-Bay area) are just to quote a few.
None of these guys have been deported, fired, stoned or died. They are alive, well, working and proud to have been there to show up when needed.
We are legal immigrants. Even if you are illegal, you shouldnt be afraid to speak up. If legal hi-skills educated immigrants shy away from exercising constitutional rights of speaking up, then what can we say?
I would be happy to speak up but just an FYI, we donot have any constitutional rights. We are second class citizens at the best, and slaves in a different form at worst.And that is not ranting of someone who has been in line for half a decade. Here's the proof.
I love skeet shooting but the law prevents me (or anyone who is on a "nonimmigrant" visa) from buying a gun. Thats second amendment rights that were awarded to everyone living in the USA.
JACK
Aman Kapoor(Fox News, Washington Post), Shilpa Ghodgaonkar(Washington Post, South Asia Insider), Siva Singaram(NBC), Pratik Dakwala (FOX 2-Bay area) are just to quote a few.
None of these guys have been deported, fired, stoned or died. They are alive, well, working and proud to have been there to show up when needed.
We are legal immigrants. Even if you are illegal, you shouldnt be afraid to speak up. If legal hi-skills educated immigrants shy away from exercising constitutional rights of speaking up, then what can we say?
I would be happy to speak up but just an FYI, we donot have any constitutional rights. We are second class citizens at the best, and slaves in a different form at worst.And that is not ranting of someone who has been in line for half a decade. Here's the proof.
I love skeet shooting but the law prevents me (or anyone who is on a "nonimmigrant" visa) from buying a gun. Thats second amendment rights that were awarded to everyone living in the USA.
JACK
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nogc_noproblem
07-19 03:53 AM
Wow, the best reply I ever got on this subject. Thanks a lot.
Hope this helps :)
Hope this helps :)
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wandmaker
08-17 01:19 AM
We got "Approval Notice Sent" emails 6 days back. I received my EAD 3 days back but haven't received my wife's yet.
Has anyone filed for Replacement EAD? Do we need to wait 30 days from the date we received the approval email? How long does it take usually to receive a Replacement card?
Please share your experiences.
Thanks.
"Card production ordered" is the first status that you will see and then it will change to "Approval notice sent". Tentatively, Your card will be postmarked with the date when your status changed to "Approval notice sent" and it takes upto 4 calendar days to receive the card through mail. Usually, approval notice goes to attorney on file for 765, if you have filed G28 otherwise you will receive it. Call USCIS and find out whether the card is ordered then ask for follow-up actions and decide whether to file for replacement card. There is no separate form for replacement cards - you will still be using same 765 form; I guess, same processing time applies - you may expedite by taking infopass after receiving the receipt notice for your replacement card by providing the letter from the employer. Hope this helps.
Has anyone filed for Replacement EAD? Do we need to wait 30 days from the date we received the approval email? How long does it take usually to receive a Replacement card?
Please share your experiences.
Thanks.
"Card production ordered" is the first status that you will see and then it will change to "Approval notice sent". Tentatively, Your card will be postmarked with the date when your status changed to "Approval notice sent" and it takes upto 4 calendar days to receive the card through mail. Usually, approval notice goes to attorney on file for 765, if you have filed G28 otherwise you will receive it. Call USCIS and find out whether the card is ordered then ask for follow-up actions and decide whether to file for replacement card. There is no separate form for replacement cards - you will still be using same 765 form; I guess, same processing time applies - you may expedite by taking infopass after receiving the receipt notice for your replacement card by providing the letter from the employer. Hope this helps.
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gcisadawg
04-06 09:58 PM
The same thing happened with me also...........this is just plain BS to put us off for atleast 6 months. USCIS does not even tries to find where the hell the case is and will send you the standard letter.
Let all know the outcome of contacting the senators and I might just follow your foot steps. I know for sure that my case is just waiting a visa # still I had opened up a SR to know where abouts of my case.
Man,if ever I get my citizenship, I'd surely sue USCIS for all this bullshit. Your case is way beyond normal processing time and when you file a SR, they send a std. reply asking you to contact after 30 to 60 days. After sixty days, you file another SR and get the same reply and this goes on and on till someone shows mercy!
Will American's put up with this bullshit? Imagine they going to a DMV and asked to come back over and over again before getting a DL. Imagine waiting for years and years to get a passport. I'm sure they wont and expect reasonable service from the government.
It's our time that we have to put up with all these nonsense.
I know, this is a choice we made to come and work here....At the same time, all we are asking for is a reasonable level of service and USCIS is hell bent on denying it.
Let all know the outcome of contacting the senators and I might just follow your foot steps. I know for sure that my case is just waiting a visa # still I had opened up a SR to know where abouts of my case.
Man,if ever I get my citizenship, I'd surely sue USCIS for all this bullshit. Your case is way beyond normal processing time and when you file a SR, they send a std. reply asking you to contact after 30 to 60 days. After sixty days, you file another SR and get the same reply and this goes on and on till someone shows mercy!
Will American's put up with this bullshit? Imagine they going to a DMV and asked to come back over and over again before getting a DL. Imagine waiting for years and years to get a passport. I'm sure they wont and expect reasonable service from the government.
It's our time that we have to put up with all these nonsense.
I know, this is a choice we made to come and work here....At the same time, all we are asking for is a reasonable level of service and USCIS is hell bent on denying it.
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realizeit
10-19 04:33 PM
Are you sure about the leave? Are you sure if we can use the leave accrued? I was under the impression that you had to go off the payrol ? Please confirm.
Yes. You should not do any work, that's the key. You do not have to go off the payroll. After using all the accrued leave, you may have to go on "Leave without pay" or "short-work break".
Yes. You should not do any work, that's the key. You do not have to go off the payroll. After using all the accrued leave, you may have to go on "Leave without pay" or "short-work break".
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gc_kaavaali
06-03 03:28 PM
Should i fill AR11 form for my wife too? i entered my wife's application receipt number when i am updating my pending cases and gave my wife name and her details...is it sufficient?
karthiknv143
09-28 02:41 PM
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ace7ec20cfbd4110VgnVCM1000004718190aRCR D
myimmiv
12-17 03:58 PM
There is no problem re-entering with a valid AP, even if the validity date is the day you re-enter.
You will have a problem if your AP is expired. My daughter came back with just one month on her AP and she was stamped with extra 6 months on I-94. But I don't know the reason for that.
Thanks lagsum. So after 6 months, did you extend her I-94?. My understanding is that if you enter as parolee, there is no need to do anything even if your I-94 expires.
You will have a problem if your AP is expired. My daughter came back with just one month on her AP and she was stamped with extra 6 months on I-94. But I don't know the reason for that.
Thanks lagsum. So after 6 months, did you extend her I-94?. My understanding is that if you enter as parolee, there is no need to do anything even if your I-94 expires.
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