gcturbulance
06-22 10:41 AM
Hi Experts/Lawyers,
Hope someone can shed some light on this case, anyone who is/has experienced this situation.Thanks in advance for any help or suggestions.
My previous company (9yrs), they filed for my GC.
Labor approved and they did a concurrent filing in august 2007.
After a year I lost my job, no choice, had to quit, tired to hang in there for I-140 approval but, they had one lay off and I was safe and another layoff soon after I left the company.
After a month or so they withdrew my I-140 petition and it was not approved.I didn't get any notice, but came to know when I got my I-485 denial notcie.
I found a new job out of state, working remote.Filed for I-485 and I-140 MTR/appeal with the help of new attorneys.They claimed since the concurrent filing was past 180 days and if I-140 was approvable they should approve it and allow me to port to the new company.
Meanwhile I got H1B extension with the new company.
The MTR/Appeal Got denied and the notice didn't mention anywhere that my petition was unapprovable, but since it was withdrawn, it's denied and we did show the proof of new job and job offer and pay stubs in the same/similar position and responsibility.
We tired two more appeals, I tried Congressional office, everything failed. Now the attorneys suggest that I go for Writ of Mandamus, and I' am going for that now.
Meanwhile my H1B with the new company is valid till sept of this year.I do not have new perm pending or new GC process, but will still have the job offer for AC21.
Also my spouse is a GC holder, will be eligible to file for citizenship in 2011.
I have to stay legal till that happens or I hear from the lawsuit.Can't extend H1B since GC process is not pending now (this was my 9th year extension).
What are my options? Is it safe to try and see if I can change my status to F1 and go to school here till my spouse gets the citizenship? I have a I-130 pending through that way.So my immigrant intend is clear.Help please.
Hope someone can shed some light on this case, anyone who is/has experienced this situation.Thanks in advance for any help or suggestions.
My previous company (9yrs), they filed for my GC.
Labor approved and they did a concurrent filing in august 2007.
After a year I lost my job, no choice, had to quit, tired to hang in there for I-140 approval but, they had one lay off and I was safe and another layoff soon after I left the company.
After a month or so they withdrew my I-140 petition and it was not approved.I didn't get any notice, but came to know when I got my I-485 denial notcie.
I found a new job out of state, working remote.Filed for I-485 and I-140 MTR/appeal with the help of new attorneys.They claimed since the concurrent filing was past 180 days and if I-140 was approvable they should approve it and allow me to port to the new company.
Meanwhile I got H1B extension with the new company.
The MTR/Appeal Got denied and the notice didn't mention anywhere that my petition was unapprovable, but since it was withdrawn, it's denied and we did show the proof of new job and job offer and pay stubs in the same/similar position and responsibility.
We tired two more appeals, I tried Congressional office, everything failed. Now the attorneys suggest that I go for Writ of Mandamus, and I' am going for that now.
Meanwhile my H1B with the new company is valid till sept of this year.I do not have new perm pending or new GC process, but will still have the job offer for AC21.
Also my spouse is a GC holder, will be eligible to file for citizenship in 2011.
I have to stay legal till that happens or I hear from the lawsuit.Can't extend H1B since GC process is not pending now (this was my 9th year extension).
What are my options? Is it safe to try and see if I can change my status to F1 and go to school here till my spouse gets the citizenship? I have a I-130 pending through that way.So my immigrant intend is clear.Help please.
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Sushana
01-15 07:52 AM
Hi,
I initially got my H1 B approved under the quota for 2006 but later on moved on to work for a non profit organization on H1B. Now I am offered a job at a for profit company A, can I just transfer my non profit H1B to a for profit H1B(since I have already been counted under the H1-B visa quota for 2006) or I have to again go through the new H1 B visa quota for 2008-2009.
Thanks in advance for your guidance.
I initially got my H1 B approved under the quota for 2006 but later on moved on to work for a non profit organization on H1B. Now I am offered a job at a for profit company A, can I just transfer my non profit H1B to a for profit H1B(since I have already been counted under the H1-B visa quota for 2006) or I have to again go through the new H1 B visa quota for 2008-2009.
Thanks in advance for your guidance.
ivvm
08-27 08:17 PM
Give it 1-2 weeks at least! Relax...There is still a long way to go ;)
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canmt
11-14 07:43 AM
Guys,
My I-485 status changed to below. I did not receive any email from USCIS regarding the update. Is this normal?
Current Status: Card production ordered.
we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
I have not received the card as yet, any ideas as to how long it is going to take?
My I-485 status changed to below. I did not receive any email from USCIS regarding the update. Is this normal?
Current Status: Card production ordered.
we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
I have not received the card as yet, any ideas as to how long it is going to take?
more...
milind70
03-27 02:42 PM
I 140 if filed in premium- USCIS sends an recipt email with recipt number to your lawyer,if he shares that email with you u can check the status online on USCIS website .
It takes anywhere from 5 days to 15 days to get any response.
If your case is straight forward u get approval within 5 to 8 days depending upon the workload and the service center. Also depends upon how your case is positioned, category and documents provided with the petition application.
I 485 i have no idea but if ur PD is current should not take long,my friend got his card in 20 to 25 days max but he had not filed concurrently as he had observed concurrent filing leads to a delay in 485 process.
It takes anywhere from 5 days to 15 days to get any response.
If your case is straight forward u get approval within 5 to 8 days depending upon the workload and the service center. Also depends upon how your case is positioned, category and documents provided with the petition application.
I 485 i have no idea but if ur PD is current should not take long,my friend got his card in 20 to 25 days max but he had not filed concurrently as he had observed concurrent filing leads to a delay in 485 process.
martinvisalaw
07-29 02:51 PM
hello, I am in a F1 status for about 3 years, I have been working and filing taxes. I am going to get married to a USC and apply for a green card through it. I want to know if I can have any problem in the aplication since I've been working without authorization.
Once you entered legally you should be able to get permanent residence even if you worked without authorization. Please see this blog post: Law Office of Elaine Martin - immigration news: My spouse is "illegal" - what can we do? (http://martinvisalaw.blogspot.com/2009/03/my-spouse-is-illegal-what-can-we-do.html).
Second in concern to the affidavit support how much should I show and who has to fill these forms since my future wife is unemployed.
Another common querstion so I blogged about this also: Law Office of Elaine Martin - immigration news: affidavit of support (http://martinvisalaw.blogspot.com/search/label/affidavit%20of%20support)
Third in case my wife file for bankruptcy in the future that could affect me and if it does how can avoid this. By the way I live in florida.
This is not an immigration question. You should check with a family or bankruptcy lawyer in Florida.
Once you entered legally you should be able to get permanent residence even if you worked without authorization. Please see this blog post: Law Office of Elaine Martin - immigration news: My spouse is "illegal" - what can we do? (http://martinvisalaw.blogspot.com/2009/03/my-spouse-is-illegal-what-can-we-do.html).
Second in concern to the affidavit support how much should I show and who has to fill these forms since my future wife is unemployed.
Another common querstion so I blogged about this also: Law Office of Elaine Martin - immigration news: affidavit of support (http://martinvisalaw.blogspot.com/search/label/affidavit%20of%20support)
Third in case my wife file for bankruptcy in the future that could affect me and if it does how can avoid this. By the way I live in florida.
This is not an immigration question. You should check with a family or bankruptcy lawyer in Florida.
more...
ronhira
09-14 08:23 AM
and who are you? some agent of a tracker website who just wants to create an unrest here by dividing between eb3 and eb3? Or r u a twin brother of tunnel rat? next time, try a with an authentic post, otherwise your effort is wasted....
btw, u have to have a service from vonage if you want to refer someone
Hello all,
Is there any california chapter esp in Nor Cal.
We have to unite EB3 Guys and strike hard!!!
I have heard that next bulletin might bring breaking news for EB3I community but still we cannot keep relying on VBs.
It is like going to Jyotish for knowing future.
EB2 Guys, you should also help us even though if you are getting GCs faster...
Please provide me information on California chapter. I have just joined IV.
I believe it is high time to fight back.
(btw if anybody wants to have vonage $24.99, please let me know. I can refer you)
btw, u have to have a service from vonage if you want to refer someone
Hello all,
Is there any california chapter esp in Nor Cal.
We have to unite EB3 Guys and strike hard!!!
I have heard that next bulletin might bring breaking news for EB3I community but still we cannot keep relying on VBs.
It is like going to Jyotish for knowing future.
EB2 Guys, you should also help us even though if you are getting GCs faster...
Please provide me information on California chapter. I have just joined IV.
I believe it is high time to fight back.
(btw if anybody wants to have vonage $24.99, please let me know. I can refer you)
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sledge_hammer
02-25 09:16 PM
It is perfectly legal to let two employers file for her H-1B visa. She can even work for both of them!
Hi,
A friend of mine who's in India right now has been offered a job by two different employers here in the US. Both of those employers want to file for her H1B.
From her perspective it makes sense to let both the employers apply for her H1 coz that increases her chances of getting at least one approved. However, reading a bunch of FAQs online it seems that it'd be illegal for her to let both the employers apply for her H1B.
Is that correct? Does anyone have any insights?
Thanks.
Hi,
A friend of mine who's in India right now has been offered a job by two different employers here in the US. Both of those employers want to file for her H1B.
From her perspective it makes sense to let both the employers apply for her H1 coz that increases her chances of getting at least one approved. However, reading a bunch of FAQs online it seems that it'd be illegal for her to let both the employers apply for her H1B.
Is that correct? Does anyone have any insights?
Thanks.
more...
ivjobs
10-28 06:31 PM
Why is beautiful_mind in all reds?
Are you pinching beautiful_mind reminding him about the reds. I think he isn't concerned but you appear to be more concerned for his reds.
Are you pinching beautiful_mind reminding him about the reds. I think he isn't concerned but you appear to be more concerned for his reds.
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Saralayar
07-10 05:45 PM
IMO there is a good chance you will qualify for EB2. When doing educational evaluation, you should base your claim on your masters degree. That way you would qualify.
The worst part is in justifying an EB2 case. As the job market is very bad and many US citizens with the required qualification for the position are available, it will be very difficult for the company to justify that no one in this country is available except you for this position. Lot of big companies are afraid as there is a strict AUDIT that will be enforeced by USCIS in case they have a doubt about the non availability of a citizen for that position.
The worst part is in justifying an EB2 case. As the job market is very bad and many US citizens with the required qualification for the position are available, it will be very difficult for the company to justify that no one in this country is available except you for this position. Lot of big companies are afraid as there is a strict AUDIT that will be enforeced by USCIS in case they have a doubt about the non availability of a citizen for that position.
more...
greensignal
01-04 02:17 AM
I have a curious situation. I have filed EB3-485 as a secondary applicant to my wife. I am currently in a job where I can't file a green card ( this is my 5th year of H1b). My understanding is one can't have a seventh year extension for H1b unless his I-140 is approved.
Should I consider changing the job and filing another GC by myself. I know I can continue renewing EAD but I still want to keep my H1b
Thanks
Just apply for labor and once the labor is approved apply for I140 (Apply in premium if USCIS starts accepting premium by the time your labor is approved). If premium is not started by the time your labor is approved then apply I140 in regular and wait for premium to start. you can change your I140 Application to premium even though you filed it in regular processing originally.
Who knows you might get the I140 approval in regular processing also before your 6 years is complete.
just do what you can
Should I consider changing the job and filing another GC by myself. I know I can continue renewing EAD but I still want to keep my H1b
Thanks
Just apply for labor and once the labor is approved apply for I140 (Apply in premium if USCIS starts accepting premium by the time your labor is approved). If premium is not started by the time your labor is approved then apply I140 in regular and wait for premium to start. you can change your I140 Application to premium even though you filed it in regular processing originally.
Who knows you might get the I140 approval in regular processing also before your 6 years is complete.
just do what you can
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dbevis
June 5th, 2005, 02:28 PM
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Yes, I like the "floating in air" effect.
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n2b
07-17 01:03 PM
DOS and USCIS are slow. But it would be really helpful if the IV code team can provide some update on our site. I believe over 2.5 hours have passed since the last update regarding some update in 1 hour. I guess we can't do anything if it takes more time but an update always helps! Thank you.
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wandmaker
01-01 07:07 PM
H1B LUDs may be due to PIMS data collection, I heard most of the H1Bs approved after Jan 2004 had LUDs and the status did not change; and 140 could be a regular system touch.
more...
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milind70
10-08 12:35 AM
Hi,
I had applied for my H1 extension in June 2008 and waited for some time and then upgraded it to premium processing in July. I did not get any result on my H1 extension but in the meantime my GC was approved in August. My question is will i be able to get my H1 processing fee back, at least the premium processing fee. I heard if your H1 processing doesn't get any result in certain time you will be entitled to get your money back.
Thanks in advance
I highy doubt it that you will get any fees back from USCIS. If you ask about the status of your H1 they will just get back to you saying that your H1 application was rejected since the applicant is n longer in Non Immigrant status as your status chnaged to Immigrant as soon as your Green Card was approved. You can try but very few people have actually recieved fees back from USCIS. Good luck
I had applied for my H1 extension in June 2008 and waited for some time and then upgraded it to premium processing in July. I did not get any result on my H1 extension but in the meantime my GC was approved in August. My question is will i be able to get my H1 processing fee back, at least the premium processing fee. I heard if your H1 processing doesn't get any result in certain time you will be entitled to get your money back.
Thanks in advance
I highy doubt it that you will get any fees back from USCIS. If you ask about the status of your H1 they will just get back to you saying that your H1 application was rejected since the applicant is n longer in Non Immigrant status as your status chnaged to Immigrant as soon as your Green Card was approved. You can try but very few people have actually recieved fees back from USCIS. Good luck
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QuickGreenCard
10-25 06:06 PM
Hi all,
I have a peculiar situation. I have applied for H1b and got approval notice. But when I went to apply for SSN for employment, the SSN employees could not find the new approved status in their system. Their system only shows my previous US entry status, H4.
They have accepted my application by marking it as SUSPECT in their system, meaning that they forwarded my application to USCIS for verification of my H1B approval status.
They said that it could take anywhere from 1 week to 4 weeks for verification. Does anyone run into this situation??
Please post your experiences.......
Last but not the least:
When I checked my H1B status on USCIS website it still shows that the application has been received and is still pending, eventhough I have the approval notice sent by them....
Do we need to do anything to let them know that the status hasnt been updated in their online system??
Thanks for the help.........
I have a peculiar situation. I have applied for H1b and got approval notice. But when I went to apply for SSN for employment, the SSN employees could not find the new approved status in their system. Their system only shows my previous US entry status, H4.
They have accepted my application by marking it as SUSPECT in their system, meaning that they forwarded my application to USCIS for verification of my H1B approval status.
They said that it could take anywhere from 1 week to 4 weeks for verification. Does anyone run into this situation??
Please post your experiences.......
Last but not the least:
When I checked my H1B status on USCIS website it still shows that the application has been received and is still pending, eventhough I have the approval notice sent by them....
Do we need to do anything to let them know that the status hasnt been updated in their online system??
Thanks for the help.........
more...
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dassumi
03-02 04:54 PM
I will be remoting in from a different state. My employer would not file a new labor condition application which is required.
That makes sense. From your company's perspective (book keeping), this is like a new hire right? I don't see an issue at all with using your EAD (invoking AC21). One thing you may want to check is if being on contract vs. full time has any detrimental effect on the G.C. application. I personally dont think that there will be, as many of us are on contract with an employer
I would consult an attorney, let me know if you need one and I can get you in touch with mine.
That makes sense. From your company's perspective (book keeping), this is like a new hire right? I don't see an issue at all with using your EAD (invoking AC21). One thing you may want to check is if being on contract vs. full time has any detrimental effect on the G.C. application. I personally dont think that there will be, as many of us are on contract with an employer
I would consult an attorney, let me know if you need one and I can get you in touch with mine.
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eb2_mumbai
10-26 09:36 AM
Never seen any one asked for EVL for derivative at POE. Especially on AP. So you should be fine on that front. But You need to realize that you need to find a same / similar employment ASAP.
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morchu
05-15 01:44 AM
Answers:
1. Yes.
2. Yes.
3. No issues. You have approved I140, and using this you can get 3 year extension. But be careful to be discreet about the job change, because by any chance if your current employer revokes the I140, before your extension approval, you will be in trouble. (Because the basis for approval of beyond 7nth year extension is your approved I-140.)
1. Can I change my employer?
2. Can I retain my Priority date?
3. If the new employer files for transfer of H1, what does it mean to my extension beyond 7th year?
1. Yes.
2. Yes.
3. No issues. You have approved I140, and using this you can get 3 year extension. But be careful to be discreet about the job change, because by any chance if your current employer revokes the I140, before your extension approval, you will be in trouble. (Because the basis for approval of beyond 7nth year extension is your approved I-140.)
1. Can I change my employer?
2. Can I retain my Priority date?
3. If the new employer files for transfer of H1, what does it mean to my extension beyond 7th year?
Anders �stberg
April 2nd, 2004, 11:44 PM
So-so pictures... ;) The telephone lines are kind of interesting, I think it may have been better to see the ground as well.
Are you using "Save for web"? That removes the EXIF, use "Save as..." instead.
Are you using "Save for web"? That removes the EXIF, use "Save as..." instead.
uma001
04-21 02:40 PM
1 . Where is the donor forum? I could not find it
2. I am a donor (two times). But I do not have access to it.
2. I am a donor (two times). But I do not have access to it.
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