krishna_brc
08-04 01:54 PM
She applied for second AP before travelling. My question is does she have to return before first AP expires OR can I mail her the second AP when it gets approved?
I think it is safer to come back on old AP.
I think it is safer to come back on old AP.
sr123
02-11 10:13 AM
As per my understanding, the retrogression problem is due to the lack of suffucient number of visas.This number is specified by the law. Now that is what needs fixing and that has come from legislation from congress(and last I heard courts should not and cannot legislate.)
Courts or judiciary comes in only when the law is not being implemented correctly. So even if the law is lacking in some way the courts have to go by the law. The only cases where courts strike down laws are when they are against the basic structure of the constitution.
So what we need to find out is whether an existing law is being violated, then we have a case otherwise not. I dont think USCIS is violating a law. If anyone else finds information about any violation then we can pursue law suit option.
Courts or judiciary comes in only when the law is not being implemented correctly. So even if the law is lacking in some way the courts have to go by the law. The only cases where courts strike down laws are when they are against the basic structure of the constitution.
So what we need to find out is whether an existing law is being violated, then we have a case otherwise not. I dont think USCIS is violating a law. If anyone else finds information about any violation then we can pursue law suit option.
cagedcactus
11-11 03:38 PM
In short... this backlog is not going away, until everyone of us participates at state level, and starts making a difference.
We must stand up and fight this unfair system. they are not going to do anything for us, if we just sit on our lazy behinds....
We must stand up and fight this unfair system. they are not going to do anything for us, if we just sit on our lazy behinds....
aristotle
01-31 01:27 PM
Revoking the previously approved I140 doesn't invalidate the H1 extension/transfer. But to get further extensions/transfers, you need A) labor pending for one year OR B) approved I140 from the new employer.
more...
eb3_nepa
04-13 11:01 AM
Can ammendments be made to the bill in the 180 day waiting period? It was mentioned here before that ammendments can be made during that period.
stemcell
09-27 12:18 PM
Thanks for the honest and to-the-point answer Yagw. Yes, I am aware of the risks involved and therefore never EVER exceed the threshold I set for myself. I am not new to stock market having been in it for the past four years -- not that that makes me ANY safer than a newbie though.
Appreciate your advise of caution, will definitely keep that in mind.
Thanks!
Any tips as to how you pick a stock would be welcome.
Mostly for day trading do you do any technical analysis or is it mostly intuition?
BTW you can day trade, it should not matter your H1B status as some one else duly pointed out.
Appreciate your advise of caution, will definitely keep that in mind.
Thanks!
Any tips as to how you pick a stock would be welcome.
Mostly for day trading do you do any technical analysis or is it mostly intuition?
BTW you can day trade, it should not matter your H1B status as some one else duly pointed out.
more...
freakin_gc
02-12 02:03 PM
My EB3 I-140 and I-485 (India) is pending from NSC my PD is Aug 2004.My wife is a citizen of South Africa she is also in H1B visa and derivvative of my I-485.Now it is possible for me to change the country of chargeability to South Africa, If possible can we able to get our GC in the month of March?
Dhundhun
11-18 12:52 PM
I have heard that your FP/biometrics does not have anything to with EAD.
USCIS has its own guideline of issuing EAD within 90 days. Since there was heavy work load after July, they issued without FP. For the EADs issued without FP, they are re-issuing EAD with FP.:)
USCIS has its own guideline of issuing EAD within 90 days. Since there was heavy work load after July, they issued without FP. For the EADs issued without FP, they are re-issuing EAD with FP.:)
more...
walking_dude
11-27 09:24 PM
Thanks Rajeev, MB, new_gc_guy, grupak, GCkaMaara, coopheal for your pledge. I pledge a contribution of $100 as well for the rally, besides my continuing monthly contributions and participation in the rally.
Others, please step forward. Let us not be penny-wise and pound-foolish. Let us help IV pull this thing for our sake.
Others, please step forward. Let us not be penny-wise and pound-foolish. Let us help IV pull this thing for our sake.
pakrish
06-22 09:29 AM
My laywer has adviced me that the skin test is mandatory
more...
amulchandra
01-16 08:19 PM
I have applied for an H1b transfer with out paystubs. I am eligible to work from oct 1st 2007. But in my case too I did not get any project as a consultant but got 2 fulltime direct job offers. I accepted one. I stared working for them from the day they filed my transfer with USCIS. The problem is that I did not receive any receipt notice but today when I went online and checked my old approved H1b I see a message that on JAN 16 th 2008 we approved your petition and sent you an approval notice. So can anyone tell me what is this?Should I assume that my H1b transfer got approved?
Thank you very mcuh for your inputs.
amulchandra
Thank you very mcuh for your inputs.
amulchandra
CCC
07-05 02:19 PM
Hello,
I am in desparate need of some advice. I have an approved I-140 (11/28/2006) and my 485 was filed under my wife's GC application in June 07. I would like to leave my current company A and join another company B asap. I have 3 days to accept the offer.
a. Is it possible for me to port my I-140 to company B?
b. If its possible will i be able to keep the PD?
I did some research on the AC21 act and it seems that its ok to move companies after 180 days of getting the EAD card. But I could not figure out if the I-140 could also be ported over to company B.
Thanks in advance.
I am in desparate need of some advice. I have an approved I-140 (11/28/2006) and my 485 was filed under my wife's GC application in June 07. I would like to leave my current company A and join another company B asap. I have 3 days to accept the offer.
a. Is it possible for me to port my I-140 to company B?
b. If its possible will i be able to keep the PD?
I did some research on the AC21 act and it seems that its ok to move companies after 180 days of getting the EAD card. But I could not figure out if the I-140 could also be ported over to company B.
Thanks in advance.
more...
Almond
07-13 03:46 PM
ROFL buehler you are too funny!!
PD_DEC2002 I never even realized there were messages when going over those squares, how interesting!
PD_DEC2002 I never even realized there were messages when going over those squares, how interesting!
Madhuri
05-04 03:51 PM
The info I got is I can not apply for 7th year based on the approved LC I have. But I can apply for 7th year based on the LC pending with PBEC. My problem is that LC applied in Marc 2005, is thr some other employer and I do not have any details of this application. I sent 3 emails to PBEC for screenshot which can be used as proof od pending LC and I can then apply for 7th year extension. But unfortunately I did not get any response from PBEC, I know some people get the response within 2-3 hrs from them????
Another possibility is if the pending I-140 is approved by Aug end I can apply for 3 year extension.
So I am totally uninformed what's the future. I talked with the lawyer who filed my earlier labor, she says we can demand for screenshot only in June, then we will get response from PBEC.
Hope this helps.
Hi Madhuri,
Do you have any more information regarding this.
I am in the same boat .
My LC got approved through perm in my 6th year
and I140 applied and pending .
6th year expires in Sept06.
Any help is greatly appreciated.
Another possibility is if the pending I-140 is approved by Aug end I can apply for 3 year extension.
So I am totally uninformed what's the future. I talked with the lawyer who filed my earlier labor, she says we can demand for screenshot only in June, then we will get response from PBEC.
Hope this helps.
Hi Madhuri,
Do you have any more information regarding this.
I am in the same boat .
My LC got approved through perm in my 6th year
and I140 applied and pending .
6th year expires in Sept06.
Any help is greatly appreciated.
more...
munnashi
10-31 06:08 AM
Guru's
My I140 is approved on October 24 2007 and original document has got my lawyer and employer, but I have not received any original document. My question is: Does I can get original document or I have to ask to my lawyer or employer?
My I140 is approved on October 24 2007 and original document has got my lawyer and employer, but I have not received any original document. My question is: Does I can get original document or I have to ask to my lawyer or employer?
sasidhar79
09-16 03:09 PM
To all IV members please sign the online petition to drop Lou Dobbs and make this country more progressive.
more...
arnet
11-24 06:20 PM
thatz gr8, always dont lose hope, keep trying....good luck...
Thanks arnet ,
As you mentioned i kept checking the chennai consulate, and it opened up like a blessing in disguise, with slots again and i was able to get my dates .Only problem was it forced me to cancel my earlier appointment and redo all the application again .That was because i had booked an appointment with Mumbai consulate in distress of not finding any with chennai .
Thanks arnet ,
As you mentioned i kept checking the chennai consulate, and it opened up like a blessing in disguise, with slots again and i was able to get my dates .Only problem was it forced me to cancel my earlier appointment and redo all the application again .That was because i had booked an appointment with Mumbai consulate in distress of not finding any with chennai .
Lasantha
02-26 10:38 AM
If they still pre-adjudicated they might not need to move the date backwards, but if they pre-adjudicated we are more likely to loss GC. For example if they adjudicate 180,000 applications per year, but that included 80,000 pre-adjudications then we would loss 40,000 visas that year. So now they adjudicate what they can issue visas for.
I really did not get that one. Is it possible to explain that please?
I really did not get that one. Is it possible to explain that please?
kondur_007
03-16 01:13 PM
can someone please give me some advices about this situation?
I'm in US since Aug 2006 with F1 visa (and F2 my spouse).
Nothing changed in 2007, and I didn't leave US at all.
Then in June 2008, my visa status changed to H1B (and H4 for spouse).
I am also receiving tuition waiver as employment benefits (I got the 1098T form for that).
Spouse does not have ITIN and never filed any returns in US. By the way, is there a problem I didn't request an ITIN for my spouse by now? should F2 always have an ITIN even if spouse has never had any income of any sort?
I have always filed 1040NR-EZ (for 2006 and 2007) but didn't claim spouse these 2 years (while on F2)
My question is whether I have substantial presence in US after 3 years or not, and which form should I file. How about spouse's (with no ITIN) tax forms? Thank you.
You are "dual status alien" for the purpose of tax filing. I came across same thing when I switched from F1 to H1.
This is one situation, where you ideally "have to Itemized" (and this is true for India and it depends on Treaty with every country, it is different for lot of coutries).
My sincere advise, just go to H and R block and get it done (this was the only year when I had my taxes done through H and R block). From the next year you will be "resident alien" and should be able to file using turbotax by yourself.
Good Luck.
I'm in US since Aug 2006 with F1 visa (and F2 my spouse).
Nothing changed in 2007, and I didn't leave US at all.
Then in June 2008, my visa status changed to H1B (and H4 for spouse).
I am also receiving tuition waiver as employment benefits (I got the 1098T form for that).
Spouse does not have ITIN and never filed any returns in US. By the way, is there a problem I didn't request an ITIN for my spouse by now? should F2 always have an ITIN even if spouse has never had any income of any sort?
I have always filed 1040NR-EZ (for 2006 and 2007) but didn't claim spouse these 2 years (while on F2)
My question is whether I have substantial presence in US after 3 years or not, and which form should I file. How about spouse's (with no ITIN) tax forms? Thank you.
You are "dual status alien" for the purpose of tax filing. I came across same thing when I switched from F1 to H1.
This is one situation, where you ideally "have to Itemized" (and this is true for India and it depends on Treaty with every country, it is different for lot of coutries).
My sincere advise, just go to H and R block and get it done (this was the only year when I had my taxes done through H and R block). From the next year you will be "resident alien" and should be able to file using turbotax by yourself.
Good Luck.
FinalGC
05-10 02:49 PM
ICICI cheats you on the conversion rate. Try simply money gram from walmart
alterego
05-07 07:17 PM
How long can one stay unemployed on EAD? my pd is Nov2005 EB-2
I got laid-off on Monday I was on H1-b. The employer has notified USICS to withdraw the H1-B. But will not be revoking any GC related stuff. Was on H1-b Laid off 485 pending 180days+ have EAD :(
Your responses will be really appreciated.ASAP
A few question pop to mind here.
1) Has your 140 been approved?
2) How easy/difficult is it to get another job in a same/similar job in a reasonable time frame.
3) When is your EAD valid until?
4) Have you had a good relationship with your previous employer and will he leave the 140 untouched.
Here is what I see. H1b cancellation is a red flag for an astute officer. He/she might send you an RFE on your 485 if he/she wishes, you will then need to show present or future job offer pay stubs/offer letter.
If your 140 is not approved, you might need to consider aggressively getting into another job and restarting your application.
If you can find a same/similar job offer within a reasonable time frame, that being a time frame before you either get an RFE or your case is being adjudicated, then you are within the law.
EAD renewal times tend to be one of those junctures where the case profile is reviewed and RFEs come your way. Just my personal experience.
Your 140 being left untouched and your employer willing to help you giving a letter that he has a job for you in the future can quell any nightmare RFE scenario, since EB green card sponsorship is usually for future job offer. Ironically most of us are already gainfully employed................makes you realize how antiquated the EB immigration system really is in this country!
Good luck. Keep us posted.
I got laid-off on Monday I was on H1-b. The employer has notified USICS to withdraw the H1-B. But will not be revoking any GC related stuff. Was on H1-b Laid off 485 pending 180days+ have EAD :(
Your responses will be really appreciated.ASAP
A few question pop to mind here.
1) Has your 140 been approved?
2) How easy/difficult is it to get another job in a same/similar job in a reasonable time frame.
3) When is your EAD valid until?
4) Have you had a good relationship with your previous employer and will he leave the 140 untouched.
Here is what I see. H1b cancellation is a red flag for an astute officer. He/she might send you an RFE on your 485 if he/she wishes, you will then need to show present or future job offer pay stubs/offer letter.
If your 140 is not approved, you might need to consider aggressively getting into another job and restarting your application.
If you can find a same/similar job offer within a reasonable time frame, that being a time frame before you either get an RFE or your case is being adjudicated, then you are within the law.
EAD renewal times tend to be one of those junctures where the case profile is reviewed and RFEs come your way. Just my personal experience.
Your 140 being left untouched and your employer willing to help you giving a letter that he has a job for you in the future can quell any nightmare RFE scenario, since EB green card sponsorship is usually for future job offer. Ironically most of us are already gainfully employed................makes you realize how antiquated the EB immigration system really is in this country!
Good luck. Keep us posted.
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