Life2Live
04-22 12:54 PM
Is I-140 Premium processing is available now?
gaz
11-18 01:57 PM
Contributed $100 to IV.
Reciept #87H393384E9981342
Reciept #87H393384E9981342
gcdreamer05
01-05 04:35 PM
Hi there,
I need your advise - have an issue with travel back to the US.
My wife is in India, her AP is expired and she needs to travel back to the US. I am working on an EAD, changed employers and could not transfer my old H-1 (H1 was valid until 06/09 - she has a H4 stamp in her passport valid until the same time). Given there is no H1/H4 or AP available to her now, how can one go about getting either AP reinstated (I know it says one cannot apply for AP when out of the country) or some other status for being able to travel back. We do have a child (US citizen) also in India with her.
I am trying to get advise from an immigration attorney as well but would like to hear from folks here if they have had to deal with this issue and if so what is the best way to deal with it.
Before someone shoots me for asking this question let me make it clear that I have been aware that she should have come back before her AP expired and one cannot renew AP while out of the country and this puts her GC application at risk (abandonement) - there were some factors involved here that were not in my control and therefore we have landed up in this messy situation.
I would really appreaciate any advise you can provide to my query. Thanks!
Sorry to know about your situation....
Since you are not on h1b , she is not on h4, so question of coming back on h4 with AP is not there.
This is very tricky, there is only one solution.
You can apply for AP from outside USA only if on emergency humanitarian situations. Look at Form I-131, there is an option to apply from outside USA.
Look at part one of the I-131 document and talk to your attorney if you can show such a need for an emergency humaitarian situation.
If you had already known about this, why did you make the mistake of sending her abroad....
I need your advise - have an issue with travel back to the US.
My wife is in India, her AP is expired and she needs to travel back to the US. I am working on an EAD, changed employers and could not transfer my old H-1 (H1 was valid until 06/09 - she has a H4 stamp in her passport valid until the same time). Given there is no H1/H4 or AP available to her now, how can one go about getting either AP reinstated (I know it says one cannot apply for AP when out of the country) or some other status for being able to travel back. We do have a child (US citizen) also in India with her.
I am trying to get advise from an immigration attorney as well but would like to hear from folks here if they have had to deal with this issue and if so what is the best way to deal with it.
Before someone shoots me for asking this question let me make it clear that I have been aware that she should have come back before her AP expired and one cannot renew AP while out of the country and this puts her GC application at risk (abandonement) - there were some factors involved here that were not in my control and therefore we have landed up in this messy situation.
I would really appreaciate any advise you can provide to my query. Thanks!
Sorry to know about your situation....
Since you are not on h1b , she is not on h4, so question of coming back on h4 with AP is not there.
This is very tricky, there is only one solution.
You can apply for AP from outside USA only if on emergency humanitarian situations. Look at Form I-131, there is an option to apply from outside USA.
Look at part one of the I-131 document and talk to your attorney if you can show such a need for an emergency humaitarian situation.
If you had already known about this, why did you make the mistake of sending her abroad....
satishku_2000
10-17 02:00 PM
u should just do a walk in and see. i did a walk in with my wife and the guard did not even look for the date. just walk in and see what happens.. dont say u r there to prepone...if they see the date at that time..request/beg them based on ur circumstances.
I did mine in Southern california and the set up is staffed by very few people and they were exceptionally helpful. I think just walking in may work.
I did mine in Southern california and the set up is staffed by very few people and they were exceptionally helpful. I think just walking in may work.
more...
hebbar77
08-13 01:09 PM
Hi,
I have same case.
X:EB2-I-140-PD DEC 2004 approved JAN 2008
Y: EB2-I-140-PD DEC 2007 approved July 2007
485 filed on Jul2 2007 with Y I-140
On aug 1st lawyer sent a request to USCIS to process the I-485 with X-140 PD.
Still no LUD on I-485/I-140...
Anyone knows how long it takes for such cases?
I have same case.
X:EB2-I-140-PD DEC 2004 approved JAN 2008
Y: EB2-I-140-PD DEC 2007 approved July 2007
485 filed on Jul2 2007 with Y I-140
On aug 1st lawyer sent a request to USCIS to process the I-485 with X-140 PD.
Still no LUD on I-485/I-140...
Anyone knows how long it takes for such cases?
tinku01
07-22 07:26 PM
Bluez if dates move back then they will take effect from Sept 01 and you are already attending interview in Aug. Now as per law there no other bulletin can be issued for Aug again. If you rememebr same thing happend last year in July and then second bulletin had to be withdrawn. So don't worry have fun and enjoy.
more...
senthil1
06-30 10:46 AM
Why do you want labor substituion at this time when they are discontinuing for fraud? Are you working same company or joining the company for just labor substitution?
If you are waiting for long time for Gc then you can take risk. But if you are in US just for 1 or 2 years you have lot of time to get GC. If you are getting the labor in same company you are working now probably ok. But if you have too many uncertanities then it is better not to use it.
Thanks all. I think the labor only says BS + min 3 years experience in related field. What are the chances that if I proceed on Monday, I will get an RFE on this? And would there be anyway I could respond to that RFE successfully?
If you are waiting for long time for Gc then you can take risk. But if you are in US just for 1 or 2 years you have lot of time to get GC. If you are getting the labor in same company you are working now probably ok. But if you have too many uncertanities then it is better not to use it.
Thanks all. I think the labor only says BS + min 3 years experience in related field. What are the chances that if I proceed on Monday, I will get an RFE on this? And would there be anyway I could respond to that RFE successfully?
gcdesirer
10-12 05:59 PM
My sister is currently working abroad as a Nurse and is looking to work in US. I have done some asking around and figured that Nurses are not welcomed in US as they used to be.
My question is: Is it possible for my sister to come and work in the country on an H1 visa, since she cannot come in with GC anyways. If yes, how do I explore this avenue.
I am raising this query through IV forum to get more clarity on her options. I am being told that there are specialist nurses who are coming in, on H1 to US. Only I can't validate it with anyone.
Any help would be appreciated as always.
Look forward to hearing from you all..
My question is: Is it possible for my sister to come and work in the country on an H1 visa, since she cannot come in with GC anyways. If yes, how do I explore this avenue.
I am raising this query through IV forum to get more clarity on her options. I am being told that there are specialist nurses who are coming in, on H1 to US. Only I can't validate it with anyone.
Any help would be appreciated as always.
Look forward to hearing from you all..
more...
MrDesi
02-07 06:04 PM
Mr Desi - Here is my take on this. Most 485 questions will come up at the time of applying Visa stamp. The consulates dont like the fact that you filed 485.
However, since you have done it legally (like everyone else), my take is that, canadian consulates are more likely to NOT make an issue out of it, unlike Indian consulates. However as always an element of risk is there. Indian consulates are very high risk when you have filed 485.
In case of port of entry, I recently entered US on H1 visa despite having 485 and AP. My wife used her AP at the same time of entry together with me. The officer asked me, "why dont you also use your AP?" I said, I have AP, but I want to use H1 visa if possible. And he said, ok, no problem, its your wish.
So again, depends on the officer you bump into. Both me an my wife had no issue at POE.
However, Mumbai consulate issued her 221(g) for some inexplicable reason.
Thanks a Lot kshitijnt.
However, since you have done it legally (like everyone else), my take is that, canadian consulates are more likely to NOT make an issue out of it, unlike Indian consulates. However as always an element of risk is there. Indian consulates are very high risk when you have filed 485.
In case of port of entry, I recently entered US on H1 visa despite having 485 and AP. My wife used her AP at the same time of entry together with me. The officer asked me, "why dont you also use your AP?" I said, I have AP, but I want to use H1 visa if possible. And he said, ok, no problem, its your wish.
So again, depends on the officer you bump into. Both me an my wife had no issue at POE.
However, Mumbai consulate issued her 221(g) for some inexplicable reason.
Thanks a Lot kshitijnt.
eb3retro
02-27 03:03 PM
I just got my I-140 approval and my priority date is 02/2008. I fall in the "All Charge-ability Areas Except Those Listed" EB3 and the March bulletin PD is 01MAY05. My lawyer is telling me I cant apply yet and since I am 2 semesters away from completing my Master's I should finish the course and just apply in the EB2 class. I dont have the funds to apply for this whole damn thing all over again. Can someone please help!? I've honestly turned suicidal dealing with this BS..
and for god sake, please update your profile.
and for god sake, please update your profile.
more...
meridiani.planum
05-11 02:36 AM
Hi All,
I came to US on H1B visa in Feb 2005. Initially for two & half months(2.5) I was on bench, than I got project for 6 months. After that project again I was on bench for two & half moths(2.5). Means totally I was on bench for 5 months, so for that period I don't have paystubs with me. I have W2 & paystubs for those 6 months(when I was on the project) as I paid tax for those 6 months.
After that I never be on the bench till date, means I am constantly on the project from Jan 2006 to till date.
My labor got approved & I-140 is in process. Now in future if I get RFE on this issue than how should I give response in that matter?:confused:
I am asking this because I want to be prepare if any RFE come regarding this issue.
I will really appreciate any kind of response/guidance in this matter.
I really need solution for this problem.
Thanks in advance.
You were out of status in those 5 months. It does not matter at LC and I-140 stages only at I-485. However upto 180 days of out of status is forgiven when you file your 485, so you should be ok. THis is IN CASE you get an RFE for this. There is a good chance USCIS might even overlook this. Also if you left the US and returned any time after tha tou tof status, your slate is wiped clean (they are only supposed to check your status since your last entry into the US). So either way you should be ok... dont worry about it.
I came to US on H1B visa in Feb 2005. Initially for two & half months(2.5) I was on bench, than I got project for 6 months. After that project again I was on bench for two & half moths(2.5). Means totally I was on bench for 5 months, so for that period I don't have paystubs with me. I have W2 & paystubs for those 6 months(when I was on the project) as I paid tax for those 6 months.
After that I never be on the bench till date, means I am constantly on the project from Jan 2006 to till date.
My labor got approved & I-140 is in process. Now in future if I get RFE on this issue than how should I give response in that matter?:confused:
I am asking this because I want to be prepare if any RFE come regarding this issue.
I will really appreciate any kind of response/guidance in this matter.
I really need solution for this problem.
Thanks in advance.
You were out of status in those 5 months. It does not matter at LC and I-140 stages only at I-485. However upto 180 days of out of status is forgiven when you file your 485, so you should be ok. THis is IN CASE you get an RFE for this. There is a good chance USCIS might even overlook this. Also if you left the US and returned any time after tha tou tof status, your slate is wiped clean (they are only supposed to check your status since your last entry into the US). So either way you should be ok... dont worry about it.
j751
10-24 01:41 PM
BTW what does Murthy charge?
more...
snhn
11-06 11:55 AM
WEre there any LUD on your case before you all got them.
amsgc
12-18 08:07 PM
I have flown KLM to India through Schipol (Sep 07) with an expired visa on my passport old passport and no visa on the new passport. Nobody asked me any questions.
Thanks a lot for your reply.
This does help.
Regards
Thanks a lot for your reply.
This does help.
Regards
more...
snathan
05-23 06:14 PM
Hi,
Today I have got the template from Ron and he has written this for atlanta. I also posted question to him for adding the case number. I am bit concerned what kind of impact would be there if we give case number. Apart from that everything looks good. Feel free to add any comment or suggesstion.
I am not sure about chicago as the number is very small, feel free to add any suggession or you can directly talk to Ron Gotcher. if you are like around 10-20 guys, you may hire him and ask him to represent. I dont feel comfortable to ask him more help as he is not accepting any fee or just let me know if you how to approach/your thoughts.
================================================== =====================================
Gordon S. Heddell
Inspector General
United States Department of Labor
Office of Inspector General
200 Constitution Avenue, NW
Room S-5502
Washington, DC 20210
RE: Complaint of Malfeasance in the Atlanta Foreign Labor Certification Office
Dear Sir:
We, the undersigned, are victims of persistent malfeasance existing in the Atlanta, Georgia office of the Department of Labor�s Foreign Labor Certification Program. All of the undersigned are the beneficiaries of foreign labor certification applications filed with that office. We have seen similar applications filed by others, substantially after our applications were filed, processed to completion. We have made inquiries into the reasons for the delays in our cases but we have not received any answers, much less explanations.
It is our understanding that the Atlanta office is no processing cases on a first in, first out basis. Rather, they are selecting cases almost at random for processing. This is unfair and unreasonable. Later filed applications are being given preferential processing over earlier filed cases.
We ask that your office open an investigation into the reasons for this policy. If you find improper conduct, we ask that you recommend appropriate disciple for those responsible. If you do not find improper conduct, we ask that you require the Atlanta office to provide a detailed explanation for their behavior and, on a go forward basis, provide for transparency in their selection process. Whatever the reason for their existing procedures, there is a clear air of impropriety in what they are doing.
We look forward to your reply.
With regards,
[for each person who signs on, they need to give their name, their employer�s name, their case number, and their filing date.]
================================================== ======================================
For Admin:
Can you please keep this post in the top for sometime, so we can get attension/suuport from more people.
Guys, people contribute/support to IV's fund drive if you didnt do already. If you gain something from IV please consider to give back something. I believe we can clear and come out this mess with our collective effort. Thanks a lot for all of your support
Today I have got the template from Ron and he has written this for atlanta. I also posted question to him for adding the case number. I am bit concerned what kind of impact would be there if we give case number. Apart from that everything looks good. Feel free to add any comment or suggesstion.
I am not sure about chicago as the number is very small, feel free to add any suggession or you can directly talk to Ron Gotcher. if you are like around 10-20 guys, you may hire him and ask him to represent. I dont feel comfortable to ask him more help as he is not accepting any fee or just let me know if you how to approach/your thoughts.
================================================== =====================================
Gordon S. Heddell
Inspector General
United States Department of Labor
Office of Inspector General
200 Constitution Avenue, NW
Room S-5502
Washington, DC 20210
RE: Complaint of Malfeasance in the Atlanta Foreign Labor Certification Office
Dear Sir:
We, the undersigned, are victims of persistent malfeasance existing in the Atlanta, Georgia office of the Department of Labor�s Foreign Labor Certification Program. All of the undersigned are the beneficiaries of foreign labor certification applications filed with that office. We have seen similar applications filed by others, substantially after our applications were filed, processed to completion. We have made inquiries into the reasons for the delays in our cases but we have not received any answers, much less explanations.
It is our understanding that the Atlanta office is no processing cases on a first in, first out basis. Rather, they are selecting cases almost at random for processing. This is unfair and unreasonable. Later filed applications are being given preferential processing over earlier filed cases.
We ask that your office open an investigation into the reasons for this policy. If you find improper conduct, we ask that you recommend appropriate disciple for those responsible. If you do not find improper conduct, we ask that you require the Atlanta office to provide a detailed explanation for their behavior and, on a go forward basis, provide for transparency in their selection process. Whatever the reason for their existing procedures, there is a clear air of impropriety in what they are doing.
We look forward to your reply.
With regards,
[for each person who signs on, they need to give their name, their employer�s name, their case number, and their filing date.]
================================================== ======================================
For Admin:
Can you please keep this post in the top for sometime, so we can get attension/suuport from more people.
Guys, people contribute/support to IV's fund drive if you didnt do already. If you gain something from IV please consider to give back something. I believe we can clear and come out this mess with our collective effort. Thanks a lot for all of your support
sweet_jungle
10-13 02:28 AM
I have 2 approved I-140s from same company with which I am currently working. One PD is end 2004 and another is end 2005.
My I-485 was filed last July with PD end 2004 (I-140 was approved way back in 2006).
Recently, an ombudsman inquiry revealed my PD to be end 2005 and not end 2004. The 140 with PD end 2005 was never used to file 485.
Anybody with similar experience?
How do I get this corrected?
My category is EB2 India.
My I-485 was filed last July with PD end 2004 (I-140 was approved way back in 2006).
Recently, an ombudsman inquiry revealed my PD to be end 2005 and not end 2004. The 140 with PD end 2005 was never used to file 485.
Anybody with similar experience?
How do I get this corrected?
My category is EB2 India.
more...
chanduv23
09-03 10:13 PM
My Fall classes are starting on Sep 8th, after that I am planning to meet International Student Association people. If the event is planned on eve then I will be able to attend
Let me know
Thanks for letting us know. It will most probably be an after lunch event stretching through evening, so I guess you can make it
Let me know
Thanks for letting us know. It will most probably be an after lunch event stretching through evening, so I guess you can make it
eb3_nepa
08-13 02:32 PM
Thanks for Prompt reply.
My application got delivered at 11:31 & Received by B GERKENSMEYER.
Do u think I shoould file again using Lawyer before Aug 17?
Guys,
Please relax. There ae tonnes of people who filed on July 2nd who have not received receipt notices/checks cashed. We have all got to hang in there. Refiling without justified reason will only hinder your case especially the USCIS Receipt Updates clearly indicate backlogs for the receipts.
My application got delivered at 11:31 & Received by B GERKENSMEYER.
Do u think I shoould file again using Lawyer before Aug 17?
Guys,
Please relax. There ae tonnes of people who filed on July 2nd who have not received receipt notices/checks cashed. We have all got to hang in there. Refiling without justified reason will only hinder your case especially the USCIS Receipt Updates clearly indicate backlogs for the receipts.
joelly
04-17 06:12 PM
:eek: I don't get it.
How can someone call themselves anti-immigrant? Those people who belong to the Anti-Immigrant group is actually an immigrant themselves somewhere in time.
We all surely knows who is native american, right?
Lets not forget, America was and continues to prosper because of hardworking and honest immigrants..
How can someone call themselves anti-immigrant? Those people who belong to the Anti-Immigrant group is actually an immigrant themselves somewhere in time.
We all surely knows who is native american, right?
Lets not forget, America was and continues to prosper because of hardworking and honest immigrants..
tomCT
03-28 08:53 AM
I think this would be an easy and effective ammendment request. The USCIS considers BS + 5years equivalent to Masters(advanced degree).
As per Spectors/Frists bills, the Advanced Degree holders with 3 years exp in related field will have no numerical limts. First of all, can we interpret advanced degree as (BS + 5 years) ?
If not, is it possible to request these senotors to add that? It would be easy to add compared to requesting them of removing the country quota.
I belive most of the EB3 candidates have 5 years of experience. tHE REST OF THEM MAY BE ATLEAST 3 + YEARS EXPERIENCE WHICH THEY MAY THEN NEED TO WAIT ONLY 2 OR 3 YEARS TO REACH THAT 5 YR MARK).
The advanced degree is already interpreted by DOL as BS + 5 years.
Its interpreted by USCIS as BS + 2 years.
I request the IV to clarify this and request Spector/Frists to add this. There may be some reason for them removing that section 5. But adding a BS + 5yr interpretation to advanced degree wouldn't be an issue for them.
As per Spectors/Frists bills, the Advanced Degree holders with 3 years exp in related field will have no numerical limts. First of all, can we interpret advanced degree as (BS + 5 years) ?
If not, is it possible to request these senotors to add that? It would be easy to add compared to requesting them of removing the country quota.
I belive most of the EB3 candidates have 5 years of experience. tHE REST OF THEM MAY BE ATLEAST 3 + YEARS EXPERIENCE WHICH THEY MAY THEN NEED TO WAIT ONLY 2 OR 3 YEARS TO REACH THAT 5 YR MARK).
The advanced degree is already interpreted by DOL as BS + 5 years.
Its interpreted by USCIS as BS + 2 years.
I request the IV to clarify this and request Spector/Frists to add this. There may be some reason for them removing that section 5. But adding a BS + 5yr interpretation to advanced degree wouldn't be an issue for them.
forgerator
06-14 04:55 PM
What the article author is really wanting to say is "Hey I made it to the US and became citizen, don't try to follow my path because then you will make competition for me and my friends :) "
Typical case of discouraging others to follow your path because you cannot bear to see them succeed.
Typical case of discouraging others to follow your path because you cannot bear to see them succeed.