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freddyCR

January 13th, 2005, 02:31 PM

Just a red "X"

Filling I485,AP&EAD,with I140 approved/pending for 6 months when novisa/retrogressed. [Archive] - Immigration Voice

View Full Version : Filling I485,AP&EAD,with I140 approved/pending for 6 months when novisa/retrogressed.

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perm2gc

01-27 11:05 AM

Today me and my wife got our CPO emails. Mine was filed in Eb3 and my wife's was in Eb2. I got my approved though my wife.

I've been in US for 10 years... now i've two things to do

1. Wonder was it really worth this wait.
2. Move to the citizen line.

thanks IV, for all the support.

I'll not be going anywhere..My life has been on IV for all these years and now i don't know what to do because I've been addicted to come to IV every hour of my life these past years. I still remember pressing F5 during the july fiasco bulletin.

:cool:
Congrats!!!

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santiwar

07-22 08:31 PM

Although, I wish the Audio was a bit louder. Ok, will stop whinging like a bitter old man :D

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nixstor

02-24 09:57 AM

That was just what I knew. For example NV does the same because they dont have state tax. They don't see a reason why they should give instate for people on temporary visas and do not pay taxes to the state. They consider us as people who are here on Non Immigrant visas who will leave any time. As you said ,TX might be more considerate.

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sodh

02-12 05:07 PM

Folks,

employer's attorney claims that there is no such thing as H4 premium processing.

Can anyone point me to the correct memo where Premium filing was made available for I-539 applications?

I searched all Mathew-Oh updates dated one year ago and can't locate it.

I need to get that h4 under premium ASAP so that I can transfer to H1 in April.

Can anyone please help?
There is nothing like premium processing for H4, if your H1 is applied in premium processing, H4 is also processed in 15 calendar days.

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Ramkumar

03-17 10:58 AM

Hi,

I�m in EB2 and My I-140 was approved September 2008 through Employer A. And I got laid off on November 2009 from EMP A, within 15 days I joined another Employer B. As per policy, employer B is not going to file GC for me. Already I spend 5 years on my H1B. I check with EMP A�s HR dept, they will not revoke my I-140 and H1B. I know AC21 is one of the options to transfer (Portability) my PD to Emp B after apply I-485.

It would be great if I get answer the below my Question:

1. If my PD is current, Will I eligible to apply I-485 using Employer A I-140 approved?
2. What are the documents needed from employer A, if I want apply I-485?
3. All my friends telling me, I can apply I-485, Is it true?

Tons of Thanks,
Ramkumar

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deardar

09-14 03:27 PM

No need to register on that site.
Just click and listen.

If it asks you to register, close and reopen the brower.

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paskal

07-24 02:04 AM

Thanks Fromnaija!

Good info :)

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milind70

11-03 12:54 PM

From first hand experiences of fellow friends and collegues who tried to extend the visitors visa for their parents or their in laws ,99 percent of the time they have been denied reentry . I personally know a case where a friends mother in law successfully extended her stay for another 3 months after initial grant of 6 months. After that vist she was denied reentry for 3 times atleast that i know of. One thing here is to note that whether to grant entry or not is in the hands of the IO at POE. By extending your stay plants seeds of doubts about overstay. Also medical reasons and taking care of child are not considered strong reason for extension unless the medical condition is very serious

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satyasaich

02-10 09:24 AM

First of all, you can go any consulate in india, which ever gives you earliest date.
Nowadays, one can get a visa appointment within 10days. But have you asked someone in india to pay Rs.4600 in HDFC bank towards visa appointment? You have to send the first 2 pages of your passport (scan & email or fax) so that someone can carry that to HDFC to fill the application. It takes 2 days to get activated in the system. THEN ONLY, you can go online and provide all the details, look for dates available. Once you select the option of "citizen of india, but working in US" it opens up option to chose from any of the 4 consulates.
Most important thing is YOU MUST carry the original HDFC bank receipt (yellow colour) alongwith your appointment letter (downloaded) and passport.
Make sure that YOU WILL take the print out of the application (2 sides of the same page). Yes even in delhi also, you can take your passport personally on the next day at VFS office (somewhere in delhi). but to do so, you MUST present the pink copy of the HDFC receipt

Good Luck
Thanks everybody for your suggestions. Unfortunately canada is not a option. I have sent an email to Chennai consulate for emergency appointment request. Have to wait and see how it goes. Will update you all with any information I find out.

Thanks

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wandmaker

04-03 06:59 PM

Have had unfortunate turn of events and need your guidance.

I had a valid approved h1 petition and i-94 for 2005 through company A.
Company filed for extension of h1 in 2007 and received approved h1 and i-94 valid till 2010. Did not travel out of the country at that time.

Filed for AOS 485, EAD, AP in 2007. Traveled and entered US using AP in 2008.

USCIS did inquiry and has revoked 2005 h1 because of incorrect LCA filing by the company. They have also said that because of incorrect LCA filing, I am in violation of h1 status. Attorneys have advised that USCIS will retroactive hold me as 'out-of-status' but not unlawful present as I was working in good faith based on an approved petition and unexpired i-94s.

The 2007 h1 was also filed in similar fashion as the 2005 h1.
Although USCIS has not revoked current 2007-2010 h1, there is a possibility of that happening. The 485 might be denied in that case.

The only option is to get on h4 by applying from consulate in India.
Since I will be now answering yes to question 38 (have you violated terms of US visa, or unlawful present..?) I have also shown as intent to immigrate based on my 485 filing.

I want to know my chances of getting an h4 approved.

You need to add more clarity to bold words... For instance, if your work location in LCA was New York and you worked in San Francisco - Man you are in trouble..... Please post what was incorrect on the LCA and also fill in the profile, if you want the folks to consider responding to your query. My 2 cents.

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mnq1979

06-26 11:14 PM

If possible, try to get hospital record of live birth. Though it is not birth certificate, it may be used as secondary evidence.

well i m trying to get the bc of my wife and i m afraid that the date of "registration of birth" will be of this year as she is getting her bc this year only. so in order to back it up i m getting the affedevits from her parents. thats y i asked that will it b OK if i get the affedevits from ABC city where her parents reside currentlty or do i have to get the affedevit from the city where she was born.

pls. note no matter from where we make the affedevits it will say that she was born in xyz city.

i m not sure does it mke any diffrence if we get the affedevits from abc city.
there is no other record available which i can produce.

pls help!!!!

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paskal

09-10 11:58 AM

From Siskind's blog on ILW
http://blogs.ilw.com/gregsiskind/2007/09/more-details-on.html

MORE DETAILS ON SEPTEMBER 18TH RALLY
Folks - The issue has been raised about whether non-citizens are allowed to participate in rallies. The answer is an emphatic YES! The main restrictions you have in participating in the world's oldest democratic republic is in your ability to vote and your ability to donate to election campaigns. You are most definitely allowed to go to a rally and press your case to the government.

Immigration Voice has released the following advisory for those attending:

Travel Advisory for the Sept 18th Rally/Parade

Dear Member: As you know, the route of the rally on Sept 18th is from Washington Monument to Capitol Hill in downtown Washington DC. Please use the following advisory for travel to and from rally and related events. Everyone must arrive at the Washington Monument at around 9:00 AM on 18th. The march would begin at 11:00 AM and end at 12:30 PM. We will gather on Capitol Hill grounds and stay there from 12:30 thru 2:30 PM.

Same day travelers: You have to arrive at Washington Monument at 9:00 AM where this event begins and leave the event from Capitol Hill, when it ends at 2:30 PM.

Arrival Advisory

For people arriving at the Washington Monument via WMATA Metro Rail/Bus

There are two close Metro Stations to the Washington Monument Grounds. From your location reach one of the below metro stations. Please use the trip planner on WMATA Home page.

(1) Smithsonian Metro Station (closest by walk)

(2) Federal Triangle Metro Station

Both the stations are 0.4 miles from the monument grounds and are on both Orange & Blue Metro Lines. See the map here on WMATA website and familiarize yourselves before you get on to the train.

Tip: For those who has not been to DC before, Washington Monument stands tall and can be seen easily. Google Washington Monument and familiarize yourself, if time permits.

Walking Directions from Smithsonian Metro

(1) Take the 12th street exit and walk 0.1mile ( North ) towards constitution avenue.

(2) Make a Left turn on Madison Dr NW and walk 0.1 mile ( West ).

(3) Arrive at the intersection of 15th and Madison Dr NW to find Washington Monument Grounds.

Walking Directions from Federal Triangle Metro

(1) Take the 12th street exit and walk 0.1mile ( South ) towards constitution avenue.

(2) Make a Right turn on Constituion Ave and walk 0.3 mile ( West)

(3) Make a Left turn on 15th st and walk 0.1 mile south to find Washington Monument Grounds

For people arriving at the Washington region airports (DCA/IAD/BWI) early morning Sep 18th

From Regan National Airport (DCA)

Regan National Airport is connected by WMATA Metro and is on both Yellow and Blue lines.

(1) Take the Blue line train (towards Largo Town Center) from DCA to Smithsonian to avoid transfers on the Metro.

(2) Use Walking directions from Smithsonian above to reach the Washington Monument grounds.

From Washing Dulles International Airport (IAD)

(1) Take the 5a bus from IAD at curb 2E to L'Enfant plaza Metro Station.

(2) Get down at the Rossyln Metro Station and Take the Blue line Metro towards Largo Town Center.

(3) Get down at Smithsonian Metro and Follow the Walking directions from Smithsonian listed above

From Baltimore Washington International Airport (BWI)

(1) Take the B30 Bus from BWI to GreenBelt Metro Station and get down at Green Belt Station.

(2) Take the Green line towards Branch Ave and get down at L'Enfant plaza Metro Station.

(3) Take the Blue line towards Franconia/Springfield Metro and get down at the Smithsonian Metro

(4) Follow walking directions from Smithsonian as listed above.

For people arriving on buses (ONLY IV Charter Buses) points south and west

Points South

(1) On I-395 North/George Mason Memorial Bridge,Stay in the 2 left lanes and follow directions to US-1/Downtown. (approx 1 mile on Route 1)

(2)Route 1 becomes 14th St SW.

(3) Make a left on Independence Ave and arrive at the intersection of 15th and Independence Ave.

(4) Buses will drop off IV members at the intersection of 15th and Independence and will be parked at RFK stadium.

Points West

(1) I-66 West becomes Theodore Roosevelt Memorial Bridge and becomes Route 50 East/ Constitution ave NW.

(2) Make a left on the 15th Street and go 0.5 miles South and arrive at the intersection of Independence ave and 15th street.

(3) Buses will drop off IV members at the intersection of 15th and Independence and will be parked at RFK stadium.

Points North and East

(1) From 295-S/Baltimore Washington Parkway take the US 50W/ Newyork Ave exit and go aprrox 5 miles

(2) Make a left on to I-395 S and go approx 2 miles

(3) Take the 12th St SW/Downtown exit and Make a left on Independence Ave with in 0.5 mile

(4) Arrive at the Independence ave and 15th street interesection in .5 miles. Buses will drop off IV members and will be parked at RFK Stadium

Departure Advisory

For people departing via WMATA Metro Rail/Bus

There are two Metro stations close to the US Capitol West lawn

(1) Union Station Metro on the Red line. (closer to west lawn by walk)

(2) Capitol South Metro on the Orange & Blue line.

Find out on what Metro Line (Blue/Orange/Red/Green/Yellow or Combination) your destination / Metro station is and chose either of the above Metro stations. Simply, Go to wmata website and get your itinerary. Your destination can be a Metro rail stop or some thing that is connected by both rail and bus.

Walking Directions to Union Station Metro Station

(1) Head North on 1st St NW towards Constitution ave approx 0.1 mile

(2) Make Right turn on Louisiana Ave to walk towards columbus circle approx .25 miles

(3) Cross the Columbus Circle to arrive at Union Station Metro.

Walking Directions to Capitol South Metro Station

(1) Head South on 1st st NW towards Independence ave, approx 0.1 mile

(2) Make Left turn on Independence avenue and walk East approx 0.2 miles

(3) Make a Right turn on New Jersey avenue and walk South approx 0.1 mile going past Cannon House building and C st SE

(4) Make a Left turn on D st SE and walk East approx 0.1 mile to arrive at US Capitol South Metro.

For People departing via IV Charter Buses

There is no pick up available around the US Capitol. IV Charter buses will be parked at the RFK Stadium which is accessible via METRO. The Metro stop is Armory Stadium which is on the Orange/Blue lines and is the 3rd stop from US Capitol South Metro. (Trains towards New Carrollton/ Largo Town Center)

(1) Follow the Walking directions to US Capitol South from the US Capitol West lawn as listed above

(2) Ride the Orange/Blue line to get down at the Armory/Stadium Metro stop.

(3) Walk towards Lot 7 from the Armory stadium. Street Signs will be available from the Metro station

(4) Board the bus and your Bus lead/Driver will get you to your destination

Please make sure that you have the bus lead(s) phone number and there will be a roll call before the bus departs. For exact timings of departure, please talk to your bus lead.

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japs19

07-17 07:54 PM

I have a unique situation and I would really appreciate if someone can answer.

My LC and 140 was approved (March 2006) for Company A when I was working there on H1. After retrogration I changed jobs (November 2006) and went to work for Company B. My lawyer said we can apply for AOS using the approved 140 from company A. I did send the application which reached there on July 2nd. Now, do I have to go and work for Company A (which actually is not an option any more)? Or I can keep working for Company B and if 180 days are passed since the filing/receipt date I will be safe to obtain the GC? Company B is ready to start a new process for GC but if I can use the previously approved 140 and get AOS/GC approved, I really would like to do that.

Please help...:confused:

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sanz

12-21 04:40 PM

Good to know someone at least thought about our poor souls

http://www.informationweek.com/blog/main/archives/2009/12/kundras_managem.html;jsessionid=VEGR0THB1JIVRQE1GH OSKHWATMY32JVN

Kundra's Management Challenges
Posted by J. Nicholas Hoover on December 21, 2009 03:17 PM

Federal CIO Vivek Kundra's job is different from others whom we’ve named as InformationWeek’s Chief of the Year in the past in a few big ways that make it especially challenging.

The 2009 chief of the year (read our story here) is certainly younger, and the federal government’s $76 billion IT budget dwarfs those of any other organization. However, Kundra’s two big biggest differences are that first, his job isn’t driven by traditional profit motives and second, many of his subordinates report to him only via a dotted line. In some ways, these two issues play together, and they've been challenges that have played a role in creating what top officials like OMB director Peter Orszag note as a gap between IT in the private and public sectors.

Unlike in the private sector, where Wall Street can make or break IT decisions, the government doesn’t have the same forcing mechanisms for IT performance and for determining what should be the next project to pursue. Second, the reporting structure in the federal government is one of typical bureaucracy. Dozens of federal agency CIOs report to Kundra, but only indirectly. That means that while Kundra sits as chair of the federal CIO council, there are limits of what he can require of agencies or demand of budget and system decisions.

Kundra's peers say he stands out in his ability not only to strategize, but to execute. Take his ability to understand that a drop of sunshine can go a long way when it’s tax dollars and not supply and demand at work, and that citizen engagement is the name of the game, which has played out in his use of dashboards and full embrace of the administration’s transparency initiatives, both as federal CIO and before as CTO of Washington, D.C.

“His goal has never been innovation merely for innovations’ sake, but innovation to get results in service to the public,” Virginia governor Tim Kaine said in an e-mail that didn’t make it into our story. “Vivek has a limitless imagination, and combined with his agility in the structures of government, I have the utmost confidence that he will continue to do great work for President Obama.”

One story, which also didn’t make it into our feature, is particularly telling. Earlier this year, President Obama called on the United States Citizenship and Immigration Services to partner with Kundra, federal CTO Aneesh Chopra, and federal chief performance officer Jeff Zients to find ways to improve the immigrant application experience.

Kundra took an idea and ran with it. "Vivek very quickly helped to think through how transparency and open government could instill more confidence if we could publish average turnaround times in a forum online for visa and other application processing time, by office," Chopra says.

The effect would be two-fold, Kundra thought. First, immigrants could now find out exactly where they stood in line to get their green card or visa and check on processing times for specific forms at US-CIS field offices around the country, comparing them with national averages and national goals. Second, placing that data online at the hands of the public could put pressure on US-CIS field offices to make them more efficient.

Kundra then acknowledged the need to separate this effort from a larger, more complex modernization project currently underway at US-CIS. "When you have a multi-year project plan, it's challenging to thoughtfully introduce any new innovation without disrupting or adjusting requirements," Chopra says. And yet, that's exactly what happened: the team delivered the site within 90 days, and though it required shifting some money around, it didn't end up requiring any additional budget expenditure.

"When you put it together, he sees the ability for something like the IT Dashboard to really jump start his larger strategy for how to change the way IT projects are done and then puts his head down and gets it done within 10 weeks," Zients says.

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GCplease

08-16 02:05 PM

Initially, when lawyer sent the documents for signature, they said we should send a $745 dollars check for spouse's form fees. So, my husband asked HR if he's gonna pay for this but HR told him no need they are gonna cover it.

But just yesterday, after my husband got his payslip they deducted 1245 fee. So, my husband complained that he was told that he's not suppose to pay even for spouse's fee.

Because of this complaint, Company sent a letter of apology for wrong information.

My question is , do we really need to pay for this + separate legal fee?

Sorry my details are incomplete in my first post.

Please help. Thanks

It depends on the Company and the Attorney.

Some attorneys file for the whole family for the Legal fees(for attorney) paid for the principal applicant. These are good attorneys :)

Some like mine charge a separate legal fee for the principal which will be paid for by the company and a separate fee for the dependents which we need to shell out from our pocket.

Most companies cover the filing fees (for USCIS) for the Principal applicant alone and we need to take care of our dependents' filing fees.

I had to pay the filing fees and legal fees for my wife and kid.

As I said previously, it depends on whether we are woking for a good financially strong company or not.

Hope this helps.

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06-03 09:11 AM

The link says all the majors considered as STEM. If you choose Browse by STEM discipline - those are the STEM disciplines..

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Dipika

11-03 01:21 PM

i have not done visa extention for my mother in law, but i had asked lawyer about it when last year my mother in law was here.
Lawyer said it's possible to get extention. and they need traveler's check of $5K on my mother in law name to send for extention, which proves she has enough money to stay and travel further in USA.
i had not followed it, but this time i'm going to do it when my in laws visit again.
I would say it would be batter to go through lawyer as they have different tricks to get it faster and easily.

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days_go_by

05-25 10:57 PM

and everyone else involved.

pbuckeye

06-25 08:02 AM

Hi Gurus / Attorneys,

I have come to this country in 1999 and have worked for company A and after 7 years , I transferred my H1B to company B based company A's approved I-140 in 2007 before July fiasco. Hence missed the July 2007.

Now I have been working for company B for the last 3 years and got my I-140 approved again and applied for H1B extension. Received RFE asking for client letter.
Client was reluctant to give the letter and my H1B got denied.

Asking client for the letter : Client says that they can't give a letter, it's against their company policy :confused:

My Options :

1. MTR : I am not sure if I can get the client letter to open MTR and also file a new H1 in parallel.

2. Go back to my home country : My employer said that they will apply for a new H1B for consular processing (does this come under quota ?)

I own a home here and now leaving everything in a week is making me worried.

Also my priority date is Nov 2002 under EB3 and I am not sure how I can pursue this from my home country, if needed.

Thanks in advance for all your help and suggestions !!

Can you try to get the MSA/SOW/PO between the client and vendor for the MTR (or client and your employer)? Sometimes the SOW reads almost like a client letter (with name, job duties, client supervisor name, signed by IT and legal department at client site).

Another option could be to get an email from the client stating that they cannot provide a letter because of company policy AND/OR get a letter from the vendor stating the same and provide the contact information of the supervisor at client location.

ragz4u

05-09 02:04 PM

Anyone from Philly interested to car pool?

ertyuio

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