smartboy75
05-01 01:11 PM
I had applied for labour in 2001 and also applied for i 140 and i 485 in 2002 .My h1 had exausted 7 years and since my i 94 was becoming in valid i was suggested by my lawyer to either stay here in usa without job and wait till i get the reciept notice and ead from uscis .Since financially my situation was very tight with a baby on the way .i decided to leave for india .Now i am here again since last 4 years .When i was in india i asked my lawyer if we can do any thing like counsalar processing etc (here in this case i had paid huge amount to the lawyer,i was paying for my gc process ).the lawyer told me that nothing can be done as he has withdrawn the i 140 .
Now after 2 years i came (or had to come back) to usa .my new employer started the ggc process this year .Since i needed full information of my previous process to complete the forms i contacted old lawyer .he send me the papers and i was so shocked to see that they did not withdraw any thing my i 140 was approved 4 months after i left and my fingerprinting is due since 2002 .I just wish my lawyer had told me the truth .we could have cp or come back .
it took a day for me to overcome the frustration of what had happened .
and now my major concern is 1.that with one case pending ,i dont know how it is going to effect the new case
2.is there any thing i can do to reopen my old case .
Hey Vikramaditya
Feel sorry for your situation. Hope you are able to use your old PD and get the GC soon.
But I would like to point out one mistake on your part that you could have avoided and that was to create a user profile on USCIS website and enabling email feature on all your pending applications. Had you done that, when ur I-140 was approved you would have got an email and could have taken appropriate steps then.
Hope you do that going forward. Even if you have approved applications it is still go to keep it in ur USCIS profile cause you never know when USCIS may open an old file and raise some flags.
All the best.
Now after 2 years i came (or had to come back) to usa .my new employer started the ggc process this year .Since i needed full information of my previous process to complete the forms i contacted old lawyer .he send me the papers and i was so shocked to see that they did not withdraw any thing my i 140 was approved 4 months after i left and my fingerprinting is due since 2002 .I just wish my lawyer had told me the truth .we could have cp or come back .
it took a day for me to overcome the frustration of what had happened .
and now my major concern is 1.that with one case pending ,i dont know how it is going to effect the new case
2.is there any thing i can do to reopen my old case .
Hey Vikramaditya
Feel sorry for your situation. Hope you are able to use your old PD and get the GC soon.
But I would like to point out one mistake on your part that you could have avoided and that was to create a user profile on USCIS website and enabling email feature on all your pending applications. Had you done that, when ur I-140 was approved you would have got an email and could have taken appropriate steps then.
Hope you do that going forward. Even if you have approved applications it is still go to keep it in ur USCIS profile cause you never know when USCIS may open an old file and raise some flags.
All the best.
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kumarc123
11-06 03:46 PM
sreedhar
Keep that GRIN for your later years, this web site is made to help people who are stuck in the immigration limbo.
There are lot of us out there who have their personal decisions at stake.
Keep that GRIN for your later years, this web site is made to help people who are stuck in the immigration limbo.
There are lot of us out there who have their personal decisions at stake.
obviously
08-04 11:54 AM
Yes, the new I-140 has the old EB3 PD on it.
So, the I-485 itself cannot be 'ported', right? Interfiling gives the benefit of having an I-140 with a higher category (here, EB2), but an older PD (from the EB3). Right?
What kind of 'delays' does the new I-485 application add? (Possibly a moot point ;)) New medicals (ouch!)? etc.? etc.?
Cheers!
So, the I-485 itself cannot be 'ported', right? Interfiling gives the benefit of having an I-140 with a higher category (here, EB2), but an older PD (from the EB3). Right?
What kind of 'delays' does the new I-485 application add? (Possibly a moot point ;)) New medicals (ouch!)? etc.? etc.?
Cheers!
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va_dude
11-06 05:24 PM
This is exactly the piece-meal approach/bill that several people wanted to support.
But i think IV core is backing CIR.
My 2 cents - CIR ain't happening this year (its almost mid-nov now and health care hasn't even been debated on the floor yer). Even enxt year is a long shot.
Need to back this bill.
But i think IV core is backing CIR.
My 2 cents - CIR ain't happening this year (its almost mid-nov now and health care hasn't even been debated on the floor yer). Even enxt year is a long shot.
Need to back this bill.
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martinvisalaw
06-25 02:12 PM
1. My view on pre-adjudication is that they processing is done on the application and is put in an approvable status. once the PD is current and the immigrant visa number is available, then such an application can be approved. but it has to be noted that these applications can be reviewed again before approving and can be denied at that time.
2. when an AOS application is being adjudicated, if the underlying terms of the 485 application are not satisfied, then it can be denied. it does not matter if the PD is current. the 485 is based on the 140, which in turn is based on a bonafide job. using ac21, you can change employers, but i still feel that you need to be employed in a similar position and not looking for a similar position.
any thoughts anyone?
I agree. The argument that the AOS applicant doesn't need to have a job now is very aggressive and should only be used if absolutely necessary. If there is any chance of finding a new job soon, the first step would be to ask for more time to respond to the RFE.
2. when an AOS application is being adjudicated, if the underlying terms of the 485 application are not satisfied, then it can be denied. it does not matter if the PD is current. the 485 is based on the 140, which in turn is based on a bonafide job. using ac21, you can change employers, but i still feel that you need to be employed in a similar position and not looking for a similar position.
any thoughts anyone?
I agree. The argument that the AOS applicant doesn't need to have a job now is very aggressive and should only be used if absolutely necessary. If there is any chance of finding a new job soon, the first step would be to ask for more time to respond to the RFE.
krishmunn
01-05 12:55 PM
They cannot hold your PF no matter what. Send a Attorneys letter (in India) stating that it is illegal for them to hold the PF and they should pay it immediately. It has worked magic for a friend of mine who quit one of the largest IT employer.
As for OPs question on email being binding , it probably is not. To be a binding contract both party need to sign. When you say "Wipro didn't want me to stay longer" do you have any mail to prove that they indeed wanted you to leave earlier ? If you have that, they sure cannot do anything. As for Leave encashment, if it for leave earned in US, complaint to DOL using form WH4 (assuming you are on H1, not L1) .
As for OPs question on email being binding , it probably is not. To be a binding contract both party need to sign. When you say "Wipro didn't want me to stay longer" do you have any mail to prove that they indeed wanted you to leave earlier ? If you have that, they sure cannot do anything. As for Leave encashment, if it for leave earned in US, complaint to DOL using form WH4 (assuming you are on H1, not L1) .
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humdesi
02-17 02:13 AM
There's nothing new in that website. EB-2 India for entire FY is GONE.. FINIS.. KHATAM... KHALLAS.
Theoretically there might be some spillover if EB-3 RoW doesn't get used. But with namecheck requirements lifted and EB-3 RoW advanced so early, I doubt there's going to be any spillover.
Bottomline - wait till Oct for EB-2 India. Big question is at what date will it open and how fast will it move. Well, we saw how EB-2 became unavailable even after retrogressing to Jan 2000. So not much hope of going beyond 2001, even after Oct....
Theoretically there might be some spillover if EB-3 RoW doesn't get used. But with namecheck requirements lifted and EB-3 RoW advanced so early, I doubt there's going to be any spillover.
Bottomline - wait till Oct for EB-2 India. Big question is at what date will it open and how fast will it move. Well, we saw how EB-2 became unavailable even after retrogressing to Jan 2000. So not much hope of going beyond 2001, even after Oct....
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ivar
02-07 09:41 AM
Congratulations Ivar.
Thank you, Pappu, tonyHK12, amitjoey, tushbush, gk_2000, manish1905, larun, extra_mint.
Thank you, Pappu, tonyHK12, amitjoey, tushbush, gk_2000, manish1905, larun, extra_mint.
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chris
09-29 07:31 PM
I also have soft LUD on 09/26 and 09/29...But i dont know what to read into it.
If your name check cleared, you may have some hope.
If your name check cleared, you may have some hope.
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snathan
08-18 05:10 PM
If your wife's I-94, which she have received at the time of entering to USA on dependent visa was valid till the date of the starting new the job, she should be fine even if she has not started working on H1 after approval. She has maintained the H4 status during that period as per I-94.
My wife here on H4 and she go H1 but she started job after a while as employer delayed. But her status was valid. Even she told the same to the US counselor New Delhi and she got h1 stamping done. Gap of H1 approval effective date and employment was about 2 months.
If you would ask this question to any attorney, you may get same reply. But asking to attorney is advisable.
This is not the case always...Your wife might be lucky or the IO was kind person. Normally if you can not provide the pay stub in H1B you are out of status. Please read the definition of H1B and you will get clear picture about this.
Also if your wife received the I-94 after the H1B approval, she was in status. Because whichever was the latest I-94 - thats the valid one and in effect. So that might be the reason your wife didnt fave any issue.
My wife here on H4 and she go H1 but she started job after a while as employer delayed. But her status was valid. Even she told the same to the US counselor New Delhi and she got h1 stamping done. Gap of H1 approval effective date and employment was about 2 months.
If you would ask this question to any attorney, you may get same reply. But asking to attorney is advisable.
This is not the case always...Your wife might be lucky or the IO was kind person. Normally if you can not provide the pay stub in H1B you are out of status. Please read the definition of H1B and you will get clear picture about this.
Also if your wife received the I-94 after the H1B approval, she was in status. Because whichever was the latest I-94 - thats the valid one and in effect. So that might be the reason your wife didnt fave any issue.
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belmontboy
09-05 03:09 AM
Apparently YSR's death killed more people than Swine Flu in India.
God I love politics !
God I love politics !
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new_phd
05-14 01:30 PM
Or atleast make it a stickie under the appropriate forum sub category.
Maybe IV should Link to each new VB and put it on the home page ;) This will avoid 4 threads being created each time a VB is out!:p
Maybe IV should Link to each new VB and put it on the home page ;) This will avoid 4 threads being created each time a VB is out!:p
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poorslumdog
09-04 03:38 PM
If at this rate the people are dying, In 1-2 years every one will be finished.
Do they die because of RAT FEVER, SLUM DOG FEVER, MONKEY FEVER or SWINE FLUE ???
Man...you rock
Do they die because of RAT FEVER, SLUM DOG FEVER, MONKEY FEVER or SWINE FLUE ???
Man...you rock
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Friend
02-19 09:17 AM
USCIS people rejected the Application. Now the application is with my Attorney. So which option I need to select the for the taking the Info Pass appointment. My Attorney is telling if they accept the application and they put any RFE so that we can take the Info Pass appointment is it correct?
Can you suggest which option i need to select for info pass appointment for my case?
Thanks for your valuable response.
Thanks.
Can you suggest which option i need to select for info pass appointment for my case?
Thanks for your valuable response.
Thanks.
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SU1979
10-09 12:37 PM
I came to the USA on 3rd November, 2006 in company A. I did not work a single day in company A. I joined to company B on 17th January, 2007. I have no idea how my employer filed my H1B in company B without any paystub. I joined to company C on 24th July as they started my GC process right away. My H1B with company B and C are still pending. Company C has filed my labor on 31st August and got approval on 11th September. I am planning to file I-140, I-485, I-765 and I-131 together. So my questions are:
1) Is there any possibility to get denied/RFE for my GC as my last two H1B are still pending ?
2) What are the risks to be considered if I go back to my country and come back on AP as I don't have a visa stamp on my passport ? I am from a non-retrogressed country.
3) I heard that it takes too much time to bring spouse here if I marry after GC approval. I am planning to go back and marry and come back but don't want to bring my future wife on H4. Will it help me later to avoid unnecessesary waiting time to bring her here once my GC is approved ?
I shall be thankful to you to get my answer.
Thanks & regards,
SU1979
1) Is there any possibility to get denied/RFE for my GC as my last two H1B are still pending ?
2) What are the risks to be considered if I go back to my country and come back on AP as I don't have a visa stamp on my passport ? I am from a non-retrogressed country.
3) I heard that it takes too much time to bring spouse here if I marry after GC approval. I am planning to go back and marry and come back but don't want to bring my future wife on H4. Will it help me later to avoid unnecessesary waiting time to bring her here once my GC is approved ?
I shall be thankful to you to get my answer.
Thanks & regards,
SU1979
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txh1b
04-15 09:33 AM
You have no choice but leave US immediately, go for CP, declare your overstay in the DS156 form, come clean to the VO and hope they forgive it.
Good Luck!
Good Luck!
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BimmerFAn
06-15 05:42 PM
Hey, I would like to help you but I know next to nothing about J-1 Physician waivers. It is a completely different system. My understanding that the best way to get a waiver is to go through the Conrad 30 program if your wife works in a hospital in an underserved area. I would encourage you look through this forum for individuals who would know more about the process. Likewise, I would also suggest that you consult with an attorney. I used one of the best attorney firms in the world and it was relatively inexpensive. Attorneys really do wonders in these cases bacause they understand this process inside and out and know exactly what the Department of State is looking for.
Best of luck!
Best of luck!
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NKR
04-21 03:07 PM
H1b does not exactly make one work "freely" in the US. Certainly not, if the employer is processing your GC as you are pretty much stuck with him.
Only L-1A allows faster GC processing as it does not require Labor and PDs are usually current. L-1B has no such short-cuts and is also plagued by the problem that it is valid only for 5 years. So if you cannot get into a 485 stage within those 5 years, then you are in trouble. On the other hand, a H-1b can be extended indefinitely once you cross a certain point in your GC processing.
So evaluate your options.
If you cannot renew L1, you can go back and work offshore. Remember that GC application is valid even if you are not in country and the process would continue (because GC is for future employment). This option is not bad when the company that sent you on L1 treats you well and you do not want to leave the company. Working at home while your GC is in process appeals to many who want a break from this lengthy and back breaking process.
Only L-1A allows faster GC processing as it does not require Labor and PDs are usually current. L-1B has no such short-cuts and is also plagued by the problem that it is valid only for 5 years. So if you cannot get into a 485 stage within those 5 years, then you are in trouble. On the other hand, a H-1b can be extended indefinitely once you cross a certain point in your GC processing.
So evaluate your options.
If you cannot renew L1, you can go back and work offshore. Remember that GC application is valid even if you are not in country and the process would continue (because GC is for future employment). This option is not bad when the company that sent you on L1 treats you well and you do not want to leave the company. Working at home while your GC is in process appeals to many who want a break from this lengthy and back breaking process.
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chanduv23
03-03 11:18 AM
thanks for the response. can you please post the result of the transfer
also any one in the forum who had experience with the ac21 transfer +ve or negative can you please advise about your experiences. it is really a stressful situation with every thing being this way.
I did AC21 from a Consulting company into a big financial company and moved using EAD. My old employer requested USCIS to revoke my 140 and as a result I got a NOID from USCIS asking details of new employment. I gave the details and my case processing resumed.
AC21 issues can be resolved. So don't worry about it.
also any one in the forum who had experience with the ac21 transfer +ve or negative can you please advise about your experiences. it is really a stressful situation with every thing being this way.
I did AC21 from a Consulting company into a big financial company and moved using EAD. My old employer requested USCIS to revoke my 140 and as a result I got a NOID from USCIS asking details of new employment. I gave the details and my case processing resumed.
AC21 issues can be resolved. So don't worry about it.
jvs_annapurna
04-19 01:59 PM
Hi Guys,
I got the good news to share every one. got the approval . its wonderful
I got the good news to share every one. got the approval . its wonderful
aksaharan
10-14 06:02 PM
I believe this has been going on for last year or so, with no outcome yet..
Unified Agenda and Regulatory Plan Search Results (http://www.reginfo.gov/public/servlet/ForwardServlet?SearchTarget=Agenda&textfield=1615-AB82)
Lets hope they do it this time.
Unified Agenda and Regulatory Plan Search Results (http://www.reginfo.gov/public/servlet/ForwardServlet?SearchTarget=Agenda&textfield=1615-AB82)
Lets hope they do it this time.
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