alterego
12-25 02:24 PM
It was most likely due to the withdrawn underlying 140. Although AC21 protects you in such situations, I think it sometimes takes MTR etc. A whole lot of stress and money expended in the process.
Wow! what a roller-coaster that must have been!
Wow! what a roller-coaster that must have been!
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texanguy
02-08 07:40 AM
It will answer all your questions below and more...
http://r2iclubforums.com/
http://r2iclubforums.com/
rxsimha
03-17 04:09 PM
In continuation to the below thread, I was asked to start a new thread
http://immigrationvoice.org/forum/showthread.php?t=24403
Below is my question, please find some time to respond
I currently working on H1 for the last 5 years.
I am a July 2007 I-485 filer and have my I-140 approved.
From what I read from the above thread -
1. Does it make sense to fill an I-9 form with the same employer and start working on EAD, instead of burning my remaining period in H1?
2. That way even if for some reason my I-485 gets rejected, I can continue working by switching to H1?
Thoughts....
http://immigrationvoice.org/forum/showthread.php?t=24403
Below is my question, please find some time to respond
I currently working on H1 for the last 5 years.
I am a July 2007 I-485 filer and have my I-140 approved.
From what I read from the above thread -
1. Does it make sense to fill an I-9 form with the same employer and start working on EAD, instead of burning my remaining period in H1?
2. That way even if for some reason my I-485 gets rejected, I can continue working by switching to H1?
Thoughts....
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maverick_neo
08-14 02:31 PM
Yes
Exactly why I want to wait for AP, fear of H1B visa rejection
Exactly why I want to wait for AP, fear of H1B visa rejection
more...
amitjoey
04-04 01:49 PM
whatz wrong with someone who gets GC in 6 months, is'nt it our sole goal to change system to have GC in few months,
c'mon guys are you jealous, what makes you think just because you did MS here that you are more qualified than a person who has done Bcom from india, he is manager atleast he knows how to grow in a orginzation and get a GC in 6 months, so learn from him,
get over it this is how the system works if you want to change atleast think positve and call your lawmakers
Thanks eb3India, You are very right.
c'mon guys are you jealous, what makes you think just because you did MS here that you are more qualified than a person who has done Bcom from india, he is manager atleast he knows how to grow in a orginzation and get a GC in 6 months, so learn from him,
get over it this is how the system works if you want to change atleast think positve and call your lawmakers
Thanks eb3India, You are very right.
gc28262
01-18 08:50 AM
Hello,
There is an official way to file a complaint against CBP individuals, see this link: https://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=1160&p_created=1257459854&p_sid=uJzYJiSj&p_accessibility=0&p_redirect=&p_srch=1&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9MTQ3LDE0NyZwX3Byb2RzPSZwX2NhdHM9JnBfcHY 9JnBfY3Y9JnBfcGFnZT0xJnBfc2VhcmNoX3RleHQ9Y29tcGxha W50IGFnYWluc3QgQ0JQIG9mZmljZXI!&p_li=&p_topview=1 (https://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=1160&p_created=1257459854&p_sid=uJzYJiSj&p_accessibility=0&p_redirect=&p_srch=1&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9MTQ3LDE0NyZwX3Byb2RzPSZwX2NhdHM9JnBfcHY 9JnBfY3Y9JnBfcGFnZT0xJnBfc2VhcmNoX3RleHQ9Y29tcGxha W50IGFnYWluc3QgQ0JQIG9mZmljZXI%21&p_li=&p_topview=1)
I request all affected to file the complaints here and request the revocation/reconsideration of their visas (especially if they have been subjected to deportation).
We should have this link in IV wiki.
There is an official way to file a complaint against CBP individuals, see this link: https://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=1160&p_created=1257459854&p_sid=uJzYJiSj&p_accessibility=0&p_redirect=&p_srch=1&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9MTQ3LDE0NyZwX3Byb2RzPSZwX2NhdHM9JnBfcHY 9JnBfY3Y9JnBfcGFnZT0xJnBfc2VhcmNoX3RleHQ9Y29tcGxha W50IGFnYWluc3QgQ0JQIG9mZmljZXI!&p_li=&p_topview=1 (https://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=1160&p_created=1257459854&p_sid=uJzYJiSj&p_accessibility=0&p_redirect=&p_srch=1&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9MTQ3LDE0NyZwX3Byb2RzPSZwX2NhdHM9JnBfcHY 9JnBfY3Y9JnBfcGFnZT0xJnBfc2VhcmNoX3RleHQ9Y29tcGxha W50IGFnYWluc3QgQ0JQIG9mZmljZXI%21&p_li=&p_topview=1)
I request all affected to file the complaints here and request the revocation/reconsideration of their visas (especially if they have been subjected to deportation).
We should have this link in IV wiki.
more...
sundeep14
04-03 10:31 AM
This is a very good PDF on USCIS website..AILA has many rights to demand explaination from USCIS...they do ask questions about EAD extension etc...
We should figure out a way by which AILA demands answers from USCIS regarding using the 140K wasted visas because of slow processing...
IV Seniors/Organizers....any inputs on this?
We should figure out a way by which AILA demands answers from USCIS regarding using the 140K wasted visas because of slow processing...
IV Seniors/Organizers....any inputs on this?
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gcsucks
05-02 05:35 PM
Please call him @ 800 449 8255. He is conservative talk show host. Very nice guy. He likes asians. Talk to him about legal immigration. Use the talking points of IV. Be very careful in what you talk. very infuential guy but very hot headed !!
more...
abh
07-31 11:20 AM
Our case is also in Des Moines,IA
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santb1975
02-11 07:53 PM
it is a great idea. It takes a lot of work to organize an event like this. We will get a lot of publicity and it will be a good fund raising event as well. Would you be willing to take a lead on organizing an event for us?
I wore a IV T-Shirt and a cap when I participated in the Long Beach Half Marathon in October. A few of us in So.Cal chapter thought we will participate in a turkey Trot run with IV T shirts and caps last thanksgiving but that did not happen. I am going to register for Long Beach Half marathon this year as well and I plan on using my IV T-shirt
I wore a IV T-Shirt and a cap when I participated in the Long Beach Half Marathon in October. A few of us in So.Cal chapter thought we will participate in a turkey Trot run with IV T shirts and caps last thanksgiving but that did not happen. I am going to register for Long Beach Half marathon this year as well and I plan on using my IV T-shirt
more...
tampacoolie
07-14 09:32 PM
Lou Dobbs does not deserve flowers. He deserves my trash bag. Lets everyone send 1 day trash bag to CNN Lou Dobbs.
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ganguteli
03-16 01:10 PM
Yes, Norman Matloff goes over IV once in a while to know whats the current "in thing", he mentioned this once in his newsletter.
For this reason IV should stop posting any strategy and plans on www that is accessible to everyone.
For this reason IV should stop posting any strategy and plans on www that is accessible to everyone.
more...
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Harivinder
04-06 11:33 AM
omahaguy I too have an RFE on April 3rd, Did not get the mail yet.
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wata
09-29 11:55 AM
Thanks for all the info,
For AC21, I have read you don't need approve I-140, only approvable is good enough, new employer no need file new LC, no need ability to pay just have to be the same titile and similar pay. But I still not clear about self-employ.
Last question,
If I were to go with I-140 premium, and get approve let says October 15.
Is it going to do any good because 485 is even worse, right now is processing only Dec 2, 2005 and move slower than turtle. That's why I need to know somebody who get 485 approve from Nebraska to say something here. But I know basically people who already got 485 approved will never come back to spend time on this forum. But if you know friends or anybody got 485 approved please write something like Priority date and 485 receipt date.
Thanks again
As all the I-140's from CA and VT were transferred to NSC in April so it is slow. I guess they are currently working on cases filed in the month of April. If your I-140 is not approved by December then you might want to consider converting it into Premium Processing so that you can avail the benefits of AC21 once your I-485 is pending for more than 180 days.
For AC21, I have read you don't need approve I-140, only approvable is good enough, new employer no need file new LC, no need ability to pay just have to be the same titile and similar pay. But I still not clear about self-employ.
Last question,
If I were to go with I-140 premium, and get approve let says October 15.
Is it going to do any good because 485 is even worse, right now is processing only Dec 2, 2005 and move slower than turtle. That's why I need to know somebody who get 485 approve from Nebraska to say something here. But I know basically people who already got 485 approved will never come back to spend time on this forum. But if you know friends or anybody got 485 approved please write something like Priority date and 485 receipt date.
Thanks again
As all the I-140's from CA and VT were transferred to NSC in April so it is slow. I guess they are currently working on cases filed in the month of April. If your I-140 is not approved by December then you might want to consider converting it into Premium Processing so that you can avail the benefits of AC21 once your I-485 is pending for more than 180 days.
more...
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amitjoey
05-09 02:32 PM
Does any one know how mant days it takes to get denail notive .I-140 denied on April 22 and says notice mailed but didnt recieve yet .Both emploter and attorney havent recieved any thing yet .Is this Normal ?
Talash, this is not normal. Your notice could have been lost in the mail. Ask your attorney to contact USCIS and explain. Also employers can request a courtesy copy. So also ask your employer to request one. USCIS will not entertain any request from you, since I140 is a employer filed petition.
Talash, this is not normal. Your notice could have been lost in the mail. Ask your attorney to contact USCIS and explain. Also employers can request a courtesy copy. So also ask your employer to request one. USCIS will not entertain any request from you, since I140 is a employer filed petition.
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Vic
11-20 08:49 AM
It could take anywhere from a few days to a couple of weeks. For me - it was around 2.5 weeks from the time the status changed to "we received your response....". Plus with the Thanksgiving break - it might take a bit longer. The best thing to do here is just not to worry about it and just wait...since its no longer in your hands.
Good luck...
Good luck...
more...
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snathan
03-02 02:35 PM
My case is as detailed below, and my questions follow:
PD: July 2007, EB2 (India), Software field
Labor, I-140: Approved, I-485 etc. NOT filed.
H1 Petition and Visa valid until: Jan 2011 (after 7th year extension)
Currently outside US, NOT working for the H1 sponsoring employer.
My employer has NOT revoked my H1 or I-140.
I was working for the employer in US where the GC process started. Then moved to Canada in early 2008 when the PD was highly retrogressed/unavailable. Since then, worked in Canada in related field for a different (Canadian) employer. Things have been tough here: lower pay, very high taxes, friends all in US, and especially - the weather. We would like to return to US.
I will soon be able to apply for Canadian citizenship. I am in a dilemma now - whether to return to US on H1 NOW or to become a Canadian citizen and try my options LATER. I have the following questions:
(Same employer, as Indian citizen, knowing that I did not work for them for over 2 yrs, and was outside USA):
1) can I now(or anytime until Jan 2011 visa expiry) return to US to work for the same H1 sponsoring employer on the existing H1?
Yes...you can as long as your employer is also supporting you
2) would I be allowed the H1 extension in Jan 2011 based on approved I-140? Or is that doomed to be rejected because I was not working for the employer in between for over 2 yrs.
GC is for future employement and it should not affect. You are already out of the country for more than a year. So your 6 year limit is reset now.
3) Would the fact that I was out of US for 2 years help me get a "regular" extension?
I believe it should not have impact as the six year clock is reset and you also have I-140 approved
4) could I continue the GC after a gap of 2 yrs while I was not working for the employer?
Again, GC is for future employment.
5) if yes, will my PD of July 2007 be maintained?
Yes, if I-140 is not revoked. Different attornyes have different opinion about revoked I-140
(Different employer, as Indian citizen, knowing that I am currently out of the US):
6) if I get an offer from a different employer in US, could the new employer do an H1 "transfer"? i.e. would I need to wait for the April 1/October for H1 application/visa and would it be counted against the yearly H1 quota - or - can the new employer do the H1 "transfer" immediately?
If your H1B is not expired, you can do transfer. I am not sure about the limitation if the H1B expired.
7) For the H1 "transfer", would I need to produce US paystubs for the last few months (which I cannot, since I am not in US)?
You may need to provide the W-2 for the years you were working in the US
8) if the new employer applies for my GC, could I re-use my old PD of July 2007? If yes, would the profile need to be exactly the same as the previous Labor/I-140?
You can retain the PD if the I-140 is not revoked. No need
If I become a Canadian Citizen:
9) if I become a Canadian citizen, (my H1 would have expired by then) will I be able to return to work on H1 in US for the same or a different employer as a Canadian Citizen?
Its upto you and the sponsoring employer.
10) could I reuse my PD of July 2007 when working for the same or a different employer after changing my Citizenship? Would the job profile need to be the same?
Citizenship will not affect your PD
Also:
11) is it possible to switch the GC processing to "future employment", although the Labor/I-140 were approved with the understanding that I was to continue working for the same employer?
12) is the H1 visa/Priority Date of approved labor/I-140 carried over when the individual changes citizenship - from Indian to Canadian?
NO
13) when do the dependents' citizenship come into the picture in the GC process? If I continue to be an Indian citizen but my spouse becomes a Canadian citizen, will my approved Labor/I-140 be affected in any way?
It wont untill your spouse born in different country.
Please help me in getting the facts so that I can make an informed decision in this dilemma. Any help appreciated.
Check the answer above
PD: July 2007, EB2 (India), Software field
Labor, I-140: Approved, I-485 etc. NOT filed.
H1 Petition and Visa valid until: Jan 2011 (after 7th year extension)
Currently outside US, NOT working for the H1 sponsoring employer.
My employer has NOT revoked my H1 or I-140.
I was working for the employer in US where the GC process started. Then moved to Canada in early 2008 when the PD was highly retrogressed/unavailable. Since then, worked in Canada in related field for a different (Canadian) employer. Things have been tough here: lower pay, very high taxes, friends all in US, and especially - the weather. We would like to return to US.
I will soon be able to apply for Canadian citizenship. I am in a dilemma now - whether to return to US on H1 NOW or to become a Canadian citizen and try my options LATER. I have the following questions:
(Same employer, as Indian citizen, knowing that I did not work for them for over 2 yrs, and was outside USA):
1) can I now(or anytime until Jan 2011 visa expiry) return to US to work for the same H1 sponsoring employer on the existing H1?
Yes...you can as long as your employer is also supporting you
2) would I be allowed the H1 extension in Jan 2011 based on approved I-140? Or is that doomed to be rejected because I was not working for the employer in between for over 2 yrs.
GC is for future employement and it should not affect. You are already out of the country for more than a year. So your 6 year limit is reset now.
3) Would the fact that I was out of US for 2 years help me get a "regular" extension?
I believe it should not have impact as the six year clock is reset and you also have I-140 approved
4) could I continue the GC after a gap of 2 yrs while I was not working for the employer?
Again, GC is for future employment.
5) if yes, will my PD of July 2007 be maintained?
Yes, if I-140 is not revoked. Different attornyes have different opinion about revoked I-140
(Different employer, as Indian citizen, knowing that I am currently out of the US):
6) if I get an offer from a different employer in US, could the new employer do an H1 "transfer"? i.e. would I need to wait for the April 1/October for H1 application/visa and would it be counted against the yearly H1 quota - or - can the new employer do the H1 "transfer" immediately?
If your H1B is not expired, you can do transfer. I am not sure about the limitation if the H1B expired.
7) For the H1 "transfer", would I need to produce US paystubs for the last few months (which I cannot, since I am not in US)?
You may need to provide the W-2 for the years you were working in the US
8) if the new employer applies for my GC, could I re-use my old PD of July 2007? If yes, would the profile need to be exactly the same as the previous Labor/I-140?
You can retain the PD if the I-140 is not revoked. No need
If I become a Canadian Citizen:
9) if I become a Canadian citizen, (my H1 would have expired by then) will I be able to return to work on H1 in US for the same or a different employer as a Canadian Citizen?
Its upto you and the sponsoring employer.
10) could I reuse my PD of July 2007 when working for the same or a different employer after changing my Citizenship? Would the job profile need to be the same?
Citizenship will not affect your PD
Also:
11) is it possible to switch the GC processing to "future employment", although the Labor/I-140 were approved with the understanding that I was to continue working for the same employer?
12) is the H1 visa/Priority Date of approved labor/I-140 carried over when the individual changes citizenship - from Indian to Canadian?
NO
13) when do the dependents' citizenship come into the picture in the GC process? If I continue to be an Indian citizen but my spouse becomes a Canadian citizen, will my approved Labor/I-140 be affected in any way?
It wont untill your spouse born in different country.
Please help me in getting the facts so that I can make an informed decision in this dilemma. Any help appreciated.
Check the answer above
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glus
01-25 08:10 AM
[QUOTE=macaca]USCIS has F1 file. If it illegal to apply for PERM while on F1, why did USCIS not reject PERM?
I
I
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Slowhand
08-16 04:57 PM
It is known that many employers and their attorneys do not provide their employees with the 485 receipt number. To avoid unnecessary trauma and strain on the employer-employee relationship, we should request USCIS to send a copy to the applicant whether 485 was filed with or without G28.
qplearn
10-09 04:57 PM
yes!!
with AC21, you do not have to do the whole thing again......... that I am sure of!!
Does the job title have to be same? What if there is a promotion involved, i.e., the new job title is at a higher level? Will USCIS accept that?
with AC21, you do not have to do the whole thing again......... that I am sure of!!
Does the job title have to be same? What if there is a promotion involved, i.e., the new job title is at a higher level? Will USCIS accept that?
24fps
03-16 06:00 PM
http://imminfo.com/Newsletter/2009-3/2009-03.html
Please ignore if previously posted.
Good post, very helpful and informative, thanks for posting it! and thanks to Ron for writing the same!
Please ignore if previously posted.
Good post, very helpful and informative, thanks for posting it! and thanks to Ron for writing the same!