TwinkleM
01-30 12:13 AM
Hello Ravi,
Sorry to hear about what has happened today with ur case. I know what you are going through at present. Unfortunately, I went through the same thing on 01/27/09. I received an email about the denial, but have not yet received the hard copy. So don't know the reason about the denial.
Well, ur dates of H1 expiration & RFE, all match same to mine. We are almost sailing in the same boat. The only diff between ur case & mine is, My I-140 is not yet approved & me & my hubby do have Valid EAD.
Here are the options suggested by my lawyer today. I am also going to verify some more options with another lawyer tomorrow.
In your case, you have 2 weeks to get out of the country as ur H1 is denied. Well, I may be wrong if your approved I-140 is going to be of help in any way. Ask your lawyer.
Answers:
1) Yes. Even though u open MTR, u both r out of status. Opening MTR will only allow u both to stay in this country legally, but does not allow you to work or study.
2) According to my lawyer, anywhere from 12 to 18 months. I am going to check on this with another lawyer tom.
3) Until u get the answer to ur appeal.
4) My lawyer suggested is to open MTR & then simultaneously transfer H1 to another company. But this would be a consulate case. That means, once ur H1 transfer is approved, you will have to go to ur home country to get it stamped. Till then you cannot work for either company. The reason for it being consulate case is because ur original H1 & H4 is already expired. Also, keep in mind, you cannot apply for H1 transfer without opening MTR on the old one. Yes, you can do premium processing.
5) Since you do not have EAD, you cannot continue working on ur current project
6) No, u cannot start working with new company till ur H1 tranfer is approved & you have got it stamped from ur home country. But, if u r planning to do premium processing, you will get the answer or RFE in 2 weeks time once INS receive ur application & documents.
7) yes.
8) No clue as I havn't tried. Just try to make ur application stronger. I am trying too.
9) Yes.
Hope, the above answers are helpful. Do try to find out other possibilites from ur lawyer without telling him the above ones. That way u can be sure of what is right & worng. Do let me know too if you get to know something else.
Goodluck
Sorry to hear about what has happened today with ur case. I know what you are going through at present. Unfortunately, I went through the same thing on 01/27/09. I received an email about the denial, but have not yet received the hard copy. So don't know the reason about the denial.
Well, ur dates of H1 expiration & RFE, all match same to mine. We are almost sailing in the same boat. The only diff between ur case & mine is, My I-140 is not yet approved & me & my hubby do have Valid EAD.
Here are the options suggested by my lawyer today. I am also going to verify some more options with another lawyer tomorrow.
In your case, you have 2 weeks to get out of the country as ur H1 is denied. Well, I may be wrong if your approved I-140 is going to be of help in any way. Ask your lawyer.
Answers:
1) Yes. Even though u open MTR, u both r out of status. Opening MTR will only allow u both to stay in this country legally, but does not allow you to work or study.
2) According to my lawyer, anywhere from 12 to 18 months. I am going to check on this with another lawyer tom.
3) Until u get the answer to ur appeal.
4) My lawyer suggested is to open MTR & then simultaneously transfer H1 to another company. But this would be a consulate case. That means, once ur H1 transfer is approved, you will have to go to ur home country to get it stamped. Till then you cannot work for either company. The reason for it being consulate case is because ur original H1 & H4 is already expired. Also, keep in mind, you cannot apply for H1 transfer without opening MTR on the old one. Yes, you can do premium processing.
5) Since you do not have EAD, you cannot continue working on ur current project
6) No, u cannot start working with new company till ur H1 tranfer is approved & you have got it stamped from ur home country. But, if u r planning to do premium processing, you will get the answer or RFE in 2 weeks time once INS receive ur application & documents.
7) yes.
8) No clue as I havn't tried. Just try to make ur application stronger. I am trying too.
9) Yes.
Hope, the above answers are helpful. Do try to find out other possibilites from ur lawyer without telling him the above ones. That way u can be sure of what is right & worng. Do let me know too if you get to know something else.
Goodluck
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yabadaba
06-25 02:16 PM
^^^
sorry for the bump...just trying to get a decent sample size
sorry for the bump...just trying to get a decent sample size
walking_dude
11-21 11:49 AM
Well, the majority of cubans coming in are families of those US citizens. It's what the antis call disparagingly as "Chain Immigration".
And, if you are missing it, those coming in as refugees are seen as "future vote bank" once they get citizenship. Similar to Bangladeshi immigrants in West Bengal.
And, if you are missing it, those coming in as refugees are seen as "future vote bank" once they get citizenship. Similar to Bangladeshi immigrants in West Bengal.
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heavencard
05-15 04:26 PM
Thank you everyone for your responses.
I am thinking to go for education evaluation through Attorney and based on the evaluation I can decide. But honestly, I am discourage to apply under EB3 due to current prevailing scenario and it is uncertain when finally I will have GC in hand.
I am thinking to go for education evaluation through Attorney and based on the evaluation I can decide. But honestly, I am discourage to apply under EB3 due to current prevailing scenario and it is uncertain when finally I will have GC in hand.
more...
Prashant
09-26 08:08 PM
GCtrouble.. I hope u are serious and not trying to scare ppl converting eb3 to eb2 ..
If one is eligible for eb2 their aiint anything thats gonna stop one from getting there..
We all are in the same boat dude ....
Good luck
If one is eligible for eb2 their aiint anything thats gonna stop one from getting there..
We all are in the same boat dude ....
Good luck
dpsg
03-25 02:39 AM
We have our own agenda as they have theirs, But We can ask them to
correct information which is not correct. Otherwise we will create a parallel
graph and point their mistakes and they are free to correct ours.
If someone looks up on net, he/she should see correct information, If
someone searches numberUSA it should also see our site with correct graphs.
We should never fudge number to prove our point, Because we are real people with real issues, which affects our lives in real way ... not idealogues .. where ideaology is above everything(even nonrefutable hard facts or humanity).
I request people on this forum to be careful what they write, We should only
question the incorrectness of the statment without becoming personal , dis-respectful or vengeful, because our fight is born from need not from hatred.
All of us need to also further our qualifications and skills to show ourselves in best light and be able to show our achievents in constructive way to get the best deserved treatment from american lawmakers.And beleive me they
have shown time and again that they are pragmatic people, we just need to educate them about our issues..which
IV is doing in a great way.
Also we need to correct what they ahve said about us "guests don't want to go back" to point that we are here on dual intent.
Thanks,
correct information which is not correct. Otherwise we will create a parallel
graph and point their mistakes and they are free to correct ours.
If someone looks up on net, he/she should see correct information, If
someone searches numberUSA it should also see our site with correct graphs.
We should never fudge number to prove our point, Because we are real people with real issues, which affects our lives in real way ... not idealogues .. where ideaology is above everything(even nonrefutable hard facts or humanity).
I request people on this forum to be careful what they write, We should only
question the incorrectness of the statment without becoming personal , dis-respectful or vengeful, because our fight is born from need not from hatred.
All of us need to also further our qualifications and skills to show ourselves in best light and be able to show our achievents in constructive way to get the best deserved treatment from american lawmakers.And beleive me they
have shown time and again that they are pragmatic people, we just need to educate them about our issues..which
IV is doing in a great way.
Also we need to correct what they ahve said about us "guests don't want to go back" to point that we are here on dual intent.
Thanks,
more...
I-485 approval
08-20 10:30 AM
I filed for I-485 under EB3 category in July 2007 and have a priority date of March 2003. Since EB3 is not moving at all. I applied in EB2 category and got I-140 approved based on my old Priority date(March 2003).
My attorney sent a letter to USCIS and requesting them to approve my case based on my approved I-140 (EB2) in July 2009. Since then we haven't recieved any communication from them.
My case is current as of Aug 1st 2009 but no LUD's on my case.
How would I know that USCIS have changed my case from EB3 to EB2.
I apperciate your response in this regard.
My attorney sent a letter to USCIS and requesting them to approve my case based on my approved I-140 (EB2) in July 2009. Since then we haven't recieved any communication from them.
My case is current as of Aug 1st 2009 but no LUD's on my case.
How would I know that USCIS have changed my case from EB3 to EB2.
I apperciate your response in this regard.
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ski_dude12
01-07 10:08 PM
lol @ Bangalored
the existing jobs have been bangalored...
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more...
Hey Ram GC
04-08 10:11 AM
GCcube: How did you come to know that your NC / SC is cleared?
Did you call IO
( Question: If that is the case, your PD is current, are you/ or not eligible for 180 DAYS name check policy. there are cases being approved where PD is current, RD is not
Did you call IO
( Question: If that is the case, your PD is current, are you/ or not eligible for 180 DAYS name check policy. there are cases being approved where PD is current, RD is not
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san3297
08-31 12:35 PM
HI All,
I currently have 797 approval document from Nov 2009 to Nov 2012 and My current 797 document is valid till Nov 2009.When i was coming back from india last week at POE the immigration officer gave me I 94 dated till Nov 2009.I said to him that as i have 797 till Nov 2012 i should get I 94 till that date.But he insisted saying as the current document is still valid he can only go with that.He cant give me I 94 date on my future 797 starting from Nov 2009.I kept asking him for about 5 min but again dint wanted argue a lot as it was border security immigration.
So what should i do now.Can i stay here after Nov 2009 or i need to go to stamping and come back before Nov 2009.What are my options.I dont have any travel plans atleast a year from now.Do let me know is it mandatory for me to leave before Nov 2009.Also my New 797 as I 94 attached do you guys think if it is sufficient for me to stay here without any problems.
I currently have 797 approval document from Nov 2009 to Nov 2012 and My current 797 document is valid till Nov 2009.When i was coming back from india last week at POE the immigration officer gave me I 94 dated till Nov 2009.I said to him that as i have 797 till Nov 2012 i should get I 94 till that date.But he insisted saying as the current document is still valid he can only go with that.He cant give me I 94 date on my future 797 starting from Nov 2009.I kept asking him for about 5 min but again dint wanted argue a lot as it was border security immigration.
So what should i do now.Can i stay here after Nov 2009 or i need to go to stamping and come back before Nov 2009.What are my options.I dont have any travel plans atleast a year from now.Do let me know is it mandatory for me to leave before Nov 2009.Also my New 797 as I 94 attached do you guys think if it is sufficient for me to stay here without any problems.
more...
hi4signs
01-22 08:54 PM
I just found out that I have an employment gap of 11 months working without authorization. I applied for an I-485 in 2007 (I-140 approved) and my paralegal told me I didn't need to renew my H-1 nor apply for EA, I was covered by the pending I-485. Today I got a RFE requesting proof of authorization to work since my h-1 expired, and realized I couldn't be working when I hired a real lawyer to take care of this case and she informed me so. How to respond my RFE??? Would they forgive 11 months of working without permit because of bad advice? I have a 9 year history of keeping my papers legal and up to date until this incident. Please help!
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fromnaija
08-31 01:22 PM
I filed AOS during July 07 fiasco. It has been more than 15 months since the first fingerprint but I have not yet received 2nd fingerprint notice. I noticed a SLUD in May/09 but no notice. Anybody else out there who filed in July but don't have second fingerprint notice yet?
At the risk of sounding like a broken record, please read my earlier posts on re-using finger prints through the BSS (Biometrics Storage System) implemented a while back by USCIS. Only a small number of applicants will get a second FP notice. See the below for more information:
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/23795-2nd-finger-printing-notice-anyone.html#post318744
At the risk of sounding like a broken record, please read my earlier posts on re-using finger prints through the BSS (Biometrics Storage System) implemented a while back by USCIS. Only a small number of applicants will get a second FP notice. See the below for more information:
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/23795-2nd-finger-printing-notice-anyone.html#post318744
more...
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Munna Bhai
01-23 10:51 AM
Let your new employer starts your GC, get PERM+I-140 cleared from your new employer untill then don't join them. Once I-140 is cleared, port your current PD to this new I-140 and join the new employer.
GC is for future job, anyone in H4 can do it and even if you are not in this country, a company can sponsor you.
Hope this helps.
GC is for future job, anyone in H4 can do it and even if you are not in this country, a company can sponsor you.
Hope this helps.
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blah45
10-09 06:26 PM
Called USCIS and my information is still not in their database. The operator asked me to call again later.
:(:mad:
:(:mad:
more...
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jnayar2006
03-27 05:40 PM
nsnriv,
The idea of the IV forums is to discuss our agenda, and activities.
Individual cases and problems are best discussed on forums like Immigration Portal. You are sure to find help and advice there.
Good luck,
Berkeleybee
Berkeleybee, I am not sure I totally agree with you - having a forum where people can come in and ask questions related to the core problems is a great way to increase readership and to promote the necessary esprit de corps. The members-only forums - now those, I agree - mainly ideas, activities etc. (Personally, I find it very difficult to stay tuned to 3 or 4 different immigration web sites/forums).
vnsriniv, to answer your question - to the best of my knowledge, you will have to wait till the dates become current - the current processing dates of the service centers don't mean much - there are several cases of 485 approvals of petitions with PDs > cut-off dates based on other posts on this board.
The idea of the IV forums is to discuss our agenda, and activities.
Individual cases and problems are best discussed on forums like Immigration Portal. You are sure to find help and advice there.
Good luck,
Berkeleybee
Berkeleybee, I am not sure I totally agree with you - having a forum where people can come in and ask questions related to the core problems is a great way to increase readership and to promote the necessary esprit de corps. The members-only forums - now those, I agree - mainly ideas, activities etc. (Personally, I find it very difficult to stay tuned to 3 or 4 different immigration web sites/forums).
vnsriniv, to answer your question - to the best of my knowledge, you will have to wait till the dates become current - the current processing dates of the service centers don't mean much - there are several cases of 485 approvals of petitions with PDs > cut-off dates based on other posts on this board.
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bidhanc
03-07 10:28 AM
You will get an RFE from USCIS.You can reply to the RFE with the Medicals.
Hi,
Yes, I am aware that once we get the RFE we could/should send the Medical papers.
My Q is more of pro-actively sending in the Medical Papers as they will expire by June 2008 and we are not sure that there will be an RFE before that.
Thanks
Hi,
Yes, I am aware that once we get the RFE we could/should send the Medical papers.
My Q is more of pro-actively sending in the Medical Papers as they will expire by June 2008 and we are not sure that there will be an RFE before that.
Thanks
more...
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kumar1
09-16 02:50 PM
Then what is the point asking others? You already know the answer.
I got past strip bars or junk like that long time back... I am going to do something similar to what you said. I am going to become more responsible citizen and would start enjoying life more..
I got past strip bars or junk like that long time back... I am going to do something similar to what you said. I am going to become more responsible citizen and would start enjoying life more..
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BharatPremi
07-27 12:40 PM
Hi,
My I-94 which was issued 2 years ago in the port of entry got expired(this I-94 was based on my previous employer "ABC". I have applied for H1 extention and got my 797 extended with new I-94 recently with my new employer "XYZ".
My question is which I-94 details should I use while filing my 485. Obviously my labor was filed by "XYZ" company.
Regards
Kasi
tkasi,
I-94 is not associated with particular employer. Your I-94 only get changed when you travel out and come back again. Even with extesnion application , no matter through which employer, your I-94 number does not get changed if you have not travelled out of USA during the period. In any way you should mention your latest I-94 number what you have and provide teh copy along with 485 application.
Note: Please seek legal advise from authorized lawyer foryour immigration
need. This is just merely my opinion.
- BharatPremi
My I-94 which was issued 2 years ago in the port of entry got expired(this I-94 was based on my previous employer "ABC". I have applied for H1 extention and got my 797 extended with new I-94 recently with my new employer "XYZ".
My question is which I-94 details should I use while filing my 485. Obviously my labor was filed by "XYZ" company.
Regards
Kasi
tkasi,
I-94 is not associated with particular employer. Your I-94 only get changed when you travel out and come back again. Even with extesnion application , no matter through which employer, your I-94 number does not get changed if you have not travelled out of USA during the period. In any way you should mention your latest I-94 number what you have and provide teh copy along with 485 application.
Note: Please seek legal advise from authorized lawyer foryour immigration
need. This is just merely my opinion.
- BharatPremi
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dcrtrv27
09-16 11:21 PM
Make copy yourself and keep handy. Few times I was been requested to make copy myself and to keep ready.
mariner5555
02-08 01:14 PM
Thanks for the info. but is it 180 days or 120 --there was a thread that said it has become 120 days before expiry or else it is getting denied ??
tabletpc
08-27 02:06 PM
Krishnam70,
Thanks for the details. I still have some questions and would like to clarify with you.. Was wondering if you could provide me u r contact number or email id.
Thanks
Thanks for the details. I still have some questions and would like to clarify with you.. Was wondering if you could provide me u r contact number or email id.
Thanks
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