resident1374
01-26 08:04 PM
I have been going around forums to get an answer and it seems my case is unique in nature...can someone help me out?
Recently had family-based AOS interview with the USCIS (my wife is a naturalized citizen). One question was asked by the officer - "Did I travel outside US after filing the AOS?" and my answer "Yes - to Canada for few days - by car".
I traveled to Canada on my company�s H1B.
The officer explained that once you file you Marriage based GC the only way you can travel is on Advance Parole. Travel on H1B is possible as long as the H1 and the AOS is of the same employer. In my case the AOS was family-based and the travel was on H1B. Such a travel may be considered to be abandonment of the Family based GC process.
The officer was extremely helpful in providing us information and said he needed more time to go through my case and decide on approval/denial of my case after consulting with other officers/supervisors (I130 looks good for approval) but there is a possibility (he said) that I may have to re-file the I-485 but there is a possibility that I may be approved.
He told he is waiting on some papers which is in some other State and that will take some time (not sure what papers was he talking about)
He also said that he will also look into my employer-based GC and see if he can approve that case if possible? Well, I am not sure about that as my priority date is SEP 2004 (EB3). This he said will save me some money of not re-filing and also instead of 2yr conditional GC (marrige is less than 2yrs) I will be able to get 10 yr GC. He took a copy of my I-140 receipt.
Now, I have a full-time offer from a company and not sure what to do? What if I use my Family-based EAD - that will invalidate my employer based pending AOS - correct? And what if my Family-based I485 gets denied due to abandonment while on the EAD - is the EAD still valid or is it valid only after re-filing the I485?
Any suggestions?
Thanks!
Recently had family-based AOS interview with the USCIS (my wife is a naturalized citizen). One question was asked by the officer - "Did I travel outside US after filing the AOS?" and my answer "Yes - to Canada for few days - by car".
I traveled to Canada on my company�s H1B.
The officer explained that once you file you Marriage based GC the only way you can travel is on Advance Parole. Travel on H1B is possible as long as the H1 and the AOS is of the same employer. In my case the AOS was family-based and the travel was on H1B. Such a travel may be considered to be abandonment of the Family based GC process.
The officer was extremely helpful in providing us information and said he needed more time to go through my case and decide on approval/denial of my case after consulting with other officers/supervisors (I130 looks good for approval) but there is a possibility (he said) that I may have to re-file the I-485 but there is a possibility that I may be approved.
He told he is waiting on some papers which is in some other State and that will take some time (not sure what papers was he talking about)
He also said that he will also look into my employer-based GC and see if he can approve that case if possible? Well, I am not sure about that as my priority date is SEP 2004 (EB3). This he said will save me some money of not re-filing and also instead of 2yr conditional GC (marrige is less than 2yrs) I will be able to get 10 yr GC. He took a copy of my I-140 receipt.
Now, I have a full-time offer from a company and not sure what to do? What if I use my Family-based EAD - that will invalidate my employer based pending AOS - correct? And what if my Family-based I485 gets denied due to abandonment while on the EAD - is the EAD still valid or is it valid only after re-filing the I485?
Any suggestions?
Thanks!
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GCwaitforever
10-04 05:45 PM
Learn Dutch. That is more useful than French there.
LostInGCProcess
02-04 04:48 PM
need to travel in few days and my AP is about to get approved.
How do you know your AP is about to get approved? And by the way, you cannot ask USICS to send via FedEx. They have a contract with USPS and they send only thru them.
How do you know your AP is about to get approved? And by the way, you cannot ask USICS to send via FedEx. They have a contract with USPS and they send only thru them.
2011 9: Tori Spelling
lostinbeta
09-10 02:30 AM
Actually it is 3 seperate images all of which are .png images with transparency, all which use A/S. You are right though, they are small images and it is a small flash movie. I guess with something bigger it wouldn't be a good idea.
Thanks for the info david. Much appreciated:)
Thanks for the info david. Much appreciated:)
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hobbyaddict
December 3rd, 2008, 04:22 PM
It's here! On time, and as described in ad. This weekend it will get it's first workout... Reading up on new features. I am going to set a few test "banks" (pre-sets) based on last years experience at that facility. Hoping that only minor tweaks are necessary once there.
Fun...
-Ed
Fun...
-Ed
kriskris
08-30 05:46 PM
Hi IVians,
I am trying to file for my H1 renewal on my own, I want to know if somebody in this community has done that. Also since SESA takes a bit of time in terms of wage determination, can I use the DOL online wage library as my source. Any inputs would be appreciated.
Thanks
You cant file H1 on your own. You need ur employers signature on it and ur employer has to file the petition. Even if you beat all that it is still very very risky to file on your own.
I am trying to file for my H1 renewal on my own, I want to know if somebody in this community has done that. Also since SESA takes a bit of time in terms of wage determination, can I use the DOL online wage library as my source. Any inputs would be appreciated.
Thanks
You cant file H1 on your own. You need ur employers signature on it and ur employer has to file the petition. Even if you beat all that it is still very very risky to file on your own.
more...
indianindian2006
08-28 01:53 PM
One of our IV members posted today that he got an internal mail from Fragomen that visa numbers for EB2 India and China are done as of Aug 21st.
Here is the link.
http://immigrationvoice.org/forum/showpost.php?p=283735&postcount=133
Here is the link.
http://immigrationvoice.org/forum/showpost.php?p=283735&postcount=133
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PD_Dec2002
07-07 09:49 PM
I have described my situation below. Can someone please tell me if they have ever encountered this and what is the best avenue to take?
1. My LC was sent back to me on Tues (after 4 years).
2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
3. I am currently a little less than that if I can take into account all bonuses etc.
4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.
What should I do???
I only know the answer for Q6. No, you cannot take bonus and other perks into account to calculate your total compensation or wage for DOL. The DOL wage has to be the annual salary that you will earn...as shown in your pay stubs.
Thanks,
Jayant
1. My LC was sent back to me on Tues (after 4 years).
2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
3. I am currently a little less than that if I can take into account all bonuses etc.
4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.
What should I do???
I only know the answer for Q6. No, you cannot take bonus and other perks into account to calculate your total compensation or wage for DOL. The DOL wage has to be the annual salary that you will earn...as shown in your pay stubs.
Thanks,
Jayant
more...
furiouspride
04-24 09:50 PM
thanks for your help it was hardly worth pressing the keys to let me know the word drr is used by people....yawn
Yeah, thought maybe your 'son' was worth a few keystrokes ;)
Yeah, thought maybe your 'son' was worth a few keystrokes ;)
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gcwait2007
10-21 10:29 AM
Great Work Ashkam. Please accept my appreciations.
Do you have any similar 'SOP' for I-140? I googled and could not find one.
If you have one for I-140, can you pls post the same?
Thanks in advance.
Do you have any similar 'SOP' for I-140? I googled and could not find one.
If you have one for I-140, can you pls post the same?
Thanks in advance.
more...
desighee
03-05 10:32 AM
on H4 u can spend time fighting with your spouse.According to USCIS Memo this is permissible
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jasmin45
07-23 08:11 PM
I am working for company A under H1-B visa and my PERM was approved early this year and my I-140 (EB2) is pending. I summitted I-485 last week since the PD is current again. Almost the same time, I moved to another department in the same company because of company reconstruction. The job seems to be having different requirements(>50% difference). I have a couple of questions:
1. Within how long I need to inform my company lawyer and then USCIS that my job changed within the same company?
2. What are the concequences if I do not inform my company laywer about my job change? Will USCIS know this in the future and deny my I-140 and I-485?
3. Will my pending I-140 get denied since my job requirement changed (if my company lawyer inform USICS)?
4. What are the possible outcomes for my I-485 under this job change situation?
5. Is that possible that I just stay there as nothing happened and wait for USCIS response to my I-140 and I-485?
6. What can be done in order to avoid a new PERM and new I-140? I really don't want to start all over again since who knows what the PD will be after Oct. this year...
Job requirement change may have negative effect on I-140. Because the 140 is based on approved labor and for labor certification, your company must have advertised the job requirements. Please consult a good lawyer for advise and he will come up with options if possible at all.
1. Within how long I need to inform my company lawyer and then USCIS that my job changed within the same company?
2. What are the concequences if I do not inform my company laywer about my job change? Will USCIS know this in the future and deny my I-140 and I-485?
3. Will my pending I-140 get denied since my job requirement changed (if my company lawyer inform USICS)?
4. What are the possible outcomes for my I-485 under this job change situation?
5. Is that possible that I just stay there as nothing happened and wait for USCIS response to my I-140 and I-485?
6. What can be done in order to avoid a new PERM and new I-140? I really don't want to start all over again since who knows what the PD will be after Oct. this year...
Job requirement change may have negative effect on I-140. Because the 140 is based on approved labor and for labor certification, your company must have advertised the job requirements. Please consult a good lawyer for advise and he will come up with options if possible at all.
more...
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yagw
12-08 02:14 AM
On the infopass web site, there are four categories, and I can't relate to any of them. I don't have an SR because the rep refused to open one; I don't have a notice. Is it still possible to go for infopass?
We offer 4 kinds of appointments for a case that you have already filed. Please choose from the following -
Order from Immigration Court - If you were directed to us for processing based on an order from the Immigration Judge. You must bring all documents required in the post order instructions given to you by the court.
Case Processing Appointment - If you received a notice to go to your local office for further case processing.
EAD inquiry appointment - If your I-765 employment authorization application has been pending for more than 90 days.
Case Services follow-up appointment - If it has been over 45 days since you contacted NCSC and have not received a response to your inquiry. You must bring the Service Request ID Number related to your inquiry to the appointment.
You made a different selection at the first step.
Under
Please select Kind of Service you need
You need Service on a case that has already been filed
You are a new Permanent Resident and have not yet received your Permanent Resident Card
You want to file an application in person
You need information or other services
You need a form.
You are a United States Military Member, Military Retiree or a Military Dependant
I guess you chose option 1. Here if you choose "You need information or other services" you can schedule one. Try your luck with infopass - it depends on the IO you talk to. Tell them that the customer service rep told you to go to infopass to get the PP stamped.
We offer 4 kinds of appointments for a case that you have already filed. Please choose from the following -
Order from Immigration Court - If you were directed to us for processing based on an order from the Immigration Judge. You must bring all documents required in the post order instructions given to you by the court.
Case Processing Appointment - If you received a notice to go to your local office for further case processing.
EAD inquiry appointment - If your I-765 employment authorization application has been pending for more than 90 days.
Case Services follow-up appointment - If it has been over 45 days since you contacted NCSC and have not received a response to your inquiry. You must bring the Service Request ID Number related to your inquiry to the appointment.
You made a different selection at the first step.
Under
Please select Kind of Service you need
You need Service on a case that has already been filed
You are a new Permanent Resident and have not yet received your Permanent Resident Card
You want to file an application in person
You need information or other services
You need a form.
You are a United States Military Member, Military Retiree or a Military Dependant
I guess you chose option 1. Here if you choose "You need information or other services" you can schedule one. Try your luck with infopass - it depends on the IO you talk to. Tell them that the customer service rep told you to go to infopass to get the PP stamped.
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snathan
03-24 11:45 AM
I was working with Employer-A till 30/Nov/08 and then filed H1 transfer with employer-B. I started working with Employer B on Dec/08/08 as we received the receipt.
My H1B visa transfer with Employer-B was denied on Mar/02/2009 as the contract between Employer-B and Client was not signed by Client.
My current H1B transfer is denied and previous H1B and I-94 is expired.
Current H1B transfer:
Start date: Nov-21-08,
RFE received: Dec-30-08,
RFE responded: Feb-06-09
RFE expiry date: Feb-10-09
Received Denial: Mar-02-09.
Previous H1B with Employer-A expired: Jan-31-09.
I-94 expired: Feb-10-2009.
What are my options? I believe that I am out of status since Mar/02/09 (Denial date). Is there any way that I can stay on H1 status in US? I think H1 transfer is not possible as my current H1 is denied and previous H1 is expired. Can anyone confirm?
If any new employer sponsors H1 for me with premium processing (I think I dont need to go through 2009 lottery system as I have already got H1 in 2006 cap), Is it legal for an employer to sponsor new H1B when beneficiary is out of status in US? Should I leave US and then my new employer can file fresh H1 using same 2006 cap so I dont need to go trhough 2009 lottery. Which is the good option? Should I stay in US or India while filing new H1? Within how much time should I leave the country? Is it ok to overstay for 15-20 days after denial?
Please guide me asap. Thanking you in advance!
If you are able to get the contract signe by your end client, you can appeal. Untill the final decision comes you would be in status. Otherwise you are already out of status. So might leave sooner. Also talk to attorney and update here. It might be useful for people who are in the same situation.
My H1B visa transfer with Employer-B was denied on Mar/02/2009 as the contract between Employer-B and Client was not signed by Client.
My current H1B transfer is denied and previous H1B and I-94 is expired.
Current H1B transfer:
Start date: Nov-21-08,
RFE received: Dec-30-08,
RFE responded: Feb-06-09
RFE expiry date: Feb-10-09
Received Denial: Mar-02-09.
Previous H1B with Employer-A expired: Jan-31-09.
I-94 expired: Feb-10-2009.
What are my options? I believe that I am out of status since Mar/02/09 (Denial date). Is there any way that I can stay on H1 status in US? I think H1 transfer is not possible as my current H1 is denied and previous H1 is expired. Can anyone confirm?
If any new employer sponsors H1 for me with premium processing (I think I dont need to go through 2009 lottery system as I have already got H1 in 2006 cap), Is it legal for an employer to sponsor new H1B when beneficiary is out of status in US? Should I leave US and then my new employer can file fresh H1 using same 2006 cap so I dont need to go trhough 2009 lottery. Which is the good option? Should I stay in US or India while filing new H1? Within how much time should I leave the country? Is it ok to overstay for 15-20 days after denial?
Please guide me asap. Thanking you in advance!
If you are able to get the contract signe by your end client, you can appeal. Untill the final decision comes you would be in status. Otherwise you are already out of status. So might leave sooner. Also talk to attorney and update here. It might be useful for people who are in the same situation.
more...
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GCOP
07-21 04:01 PM
Really sorry to know your situation. I really hope that attorney on this forum can come up with some idea. In the meantime, check with your attorney. Best of Luck.
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hmehta
08-08 03:36 PM
No problem - we are all here to rant...and find solutions....so don't feel bad abt it:)
I have applied 485 just last month (haven't got my receipt yet though) but I didn't get any RFE in the 140 process, it was approved last year. But yes, go ahead and do the 'paid consultation' - as you mentioned, most certainly they will ask you to file an ammended H1 - personally, I don't think that will be an issue in the GC process.
How did your GC process turn out? Any RFEs because of this?
Basically I don't have a problem with amending my H1B if it does not do me any harm when it comes to my GC. What's most irritating is that my GC attny who has all the answers and could very easily advice me what to do suggested to set up a PAID CONSULTATION with their H1B attorney to discuss this. I am almost certain that eventual conclusion will be that its o.k. to amend the H1B. Even during this time after having spent the 1000s of $$$ for my GC they still want to milk me for more money and that's more troublesome than anything else. Its just the attitude.
Having said all this, I think I am going to spend the $$, talk to the H1B attny just for my own satisfaction.
Sorry about the rant and thanks for hearing me out.
I have applied 485 just last month (haven't got my receipt yet though) but I didn't get any RFE in the 140 process, it was approved last year. But yes, go ahead and do the 'paid consultation' - as you mentioned, most certainly they will ask you to file an ammended H1 - personally, I don't think that will be an issue in the GC process.
How did your GC process turn out? Any RFEs because of this?
Basically I don't have a problem with amending my H1B if it does not do me any harm when it comes to my GC. What's most irritating is that my GC attny who has all the answers and could very easily advice me what to do suggested to set up a PAID CONSULTATION with their H1B attorney to discuss this. I am almost certain that eventual conclusion will be that its o.k. to amend the H1B. Even during this time after having spent the 1000s of $$$ for my GC they still want to milk me for more money and that's more troublesome than anything else. Its just the attitude.
Having said all this, I think I am going to spend the $$, talk to the H1B attny just for my own satisfaction.
Sorry about the rant and thanks for hearing me out.
more...
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shahrooz
08-26 09:21 PM
Here's my story, I'll try to make it short. Aug. '04 LC applicant. Filed for I-140 & I-485 (conc.) in Feb. '07. FP done in April. Received an e-mail from USCIS on 8.17.07 stating that an RFE letter has been issued for me on 8.16.07. Last friday (8.24.07) called my attorney, she said they haven't received it. She said they (their law firm) have changed their office location and informed USCIS in general, but not for each specific application they have filed, so it might take 3 weeks before we receive the FRE letter and usually there's a 30 day deadline for applicant to respond. Well, I got scared a little. I called USCIS customer service. The operator said she doesn't have access to specifics of case, e.g. nature of RFE letter, timeline for response (30, 42, 84 days) & etc. She also said there's zero chance for an extension to be granted to the applicant, if he can't provide the requested document within the timeline allowed by USCIS.
I called my attorney again. She said she had mailed all documents along with the application, except for previous work experience (which will be from my home country since I've worked for only 1 employer since I came to the U.S. in 2004)
Now my question is:
1- What if I don't receive the RFE letter in time?
2- Any loops to gain an extension if I can't make it before 30 days?
3- Any ways to find out about the nature of FRE letter?
4- Does this mean that I'll easily lose everything including 4 years of waiting if I just don't receive the RFE letter in time and can't provide them with what they're asking for? (Someone please answer NO to this question! :( )
5- Any advices, suggestions, similar experiences, ideas or solutions?
I appreciate any kind of feedback on this, since I'm almost shaking in here!
I called my attorney again. She said she had mailed all documents along with the application, except for previous work experience (which will be from my home country since I've worked for only 1 employer since I came to the U.S. in 2004)
Now my question is:
1- What if I don't receive the RFE letter in time?
2- Any loops to gain an extension if I can't make it before 30 days?
3- Any ways to find out about the nature of FRE letter?
4- Does this mean that I'll easily lose everything including 4 years of waiting if I just don't receive the RFE letter in time and can't provide them with what they're asking for? (Someone please answer NO to this question! :( )
5- Any advices, suggestions, similar experiences, ideas or solutions?
I appreciate any kind of feedback on this, since I'm almost shaking in here!
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nav_kri
03-23 03:10 AM
Folks,
I read in this (http://www.ksdk.com/news/local/story.aspx?storyid=170404&catid=3) report that none of the 4 students were wearing seat belts. Please always wear your seat belts.
My prayers are with their families
I read in this (http://www.ksdk.com/news/local/story.aspx?storyid=170404&catid=3) report that none of the 4 students were wearing seat belts. Please always wear your seat belts.
My prayers are with their families
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pleaseadviseme
09-23 12:56 AM
Thank you very much for the quick reply!
I just got some feedback from my employer.
Is it possible for my employer to file for my H1b, and I can find another lawyer on my own to file for my Wife's H4? I think my employer isn't really willing to file for my wife from his tone....
he said he will file it next month, but will petition for my H1b to validate in June next year (when my OPT ends, my H1b will validate the next day). in this case, when can i start the petition for my wife if she is in F1 after i got my H1b 3, 4 months from now(but won't be validated till June next year)?
I am filing for her F-2 next month, I seriously doubt by the time i file for her H4, her F-2 will be in the mail. should i wait for the F-2 to be approved then start petition for H4?
Thank you so much again, you have been a really helpful attorney.
I just got some feedback from my employer.
Is it possible for my employer to file for my H1b, and I can find another lawyer on my own to file for my Wife's H4? I think my employer isn't really willing to file for my wife from his tone....
he said he will file it next month, but will petition for my H1b to validate in June next year (when my OPT ends, my H1b will validate the next day). in this case, when can i start the petition for my wife if she is in F1 after i got my H1b 3, 4 months from now(but won't be validated till June next year)?
I am filing for her F-2 next month, I seriously doubt by the time i file for her H4, her F-2 will be in the mail. should i wait for the F-2 to be approved then start petition for H4?
Thank you so much again, you have been a really helpful attorney.
drirshad
04-21 08:40 AM
http://hammondlawgroup.blogspot.com/
Thursday, April 19, 2007
Crystal ball gazing
Everyone wants us to put on our genie�s hat, gaze into our crystal ball, and try to predict what is going to happen in the next few months. So here it goes�
Congress is set to debate CIR in May. HLG thinks that there is a reasonable chance that one house of Congress passes CIR in the May/June timeframe. And that the other house of Congress passes another CIR in June/July. With some negotiation, a compromise CIR bill could be on the president�s desk by the middle of the summer � say July.
In addition, we are also actively courting the bridge legislation that we�ve mentioned many times. HLG was privy to a meeting that took place just this week with a senior staffer in an important Senator�s office. The challenge here is to find the right must-pass legislation that can serve as a host.
Putting this all together HLG is slightly raising our latest estimate. We�re willing to print that there is a 60% chance that either CIR or Bridge legislation is passed and signed by the President by August 1. Whenever a bill is passed it will likley take an additional 30-60 days before the first visas are issued.
Thursday, April 19, 2007
Crystal ball gazing
Everyone wants us to put on our genie�s hat, gaze into our crystal ball, and try to predict what is going to happen in the next few months. So here it goes�
Congress is set to debate CIR in May. HLG thinks that there is a reasonable chance that one house of Congress passes CIR in the May/June timeframe. And that the other house of Congress passes another CIR in June/July. With some negotiation, a compromise CIR bill could be on the president�s desk by the middle of the summer � say July.
In addition, we are also actively courting the bridge legislation that we�ve mentioned many times. HLG was privy to a meeting that took place just this week with a senior staffer in an important Senator�s office. The challenge here is to find the right must-pass legislation that can serve as a host.
Putting this all together HLG is slightly raising our latest estimate. We�re willing to print that there is a 60% chance that either CIR or Bridge legislation is passed and signed by the President by August 1. Whenever a bill is passed it will likley take an additional 30-60 days before the first visas are issued.
jonty_11
07-06 01:33 PM
If the allocated visa numbers doesn't get filled in one country does the remainder get assigned to other countries?
no Condi and USCIS Chief just take those #'s and shove them down the toilet..
no Condi and USCIS Chief just take those #'s and shove them down the toilet..
