sweet23guyin
09-26 04:56 PM
800-375-5283
Options 1-2-2-6-2-2-1
u need to tell them that ur app was filed around 90 days ago and u wil get transferred to an 2nd level IO. She will ask you ur full name and DOB. If she finds you in DB , she will verify ur address or mother's maiden name.
Thanks for the info, i too got my recpt# by calling...
Options 1-2-2-6-2-2-1
u need to tell them that ur app was filed around 90 days ago and u wil get transferred to an 2nd level IO. She will ask you ur full name and DOB. If she finds you in DB , she will verify ur address or mother's maiden name.
Thanks for the info, i too got my recpt# by calling...
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misha
07-21 10:53 AM
Hi,
I have absolutely the same story happened to my wife.
I'm July 2007 filer, she is a dependent. She never received AP which was approved and mailed on September 2007.
Called USCIS on October, November and December 2007. No results.
Took Infopass on January 2008. We were told that we have to apply for a new one.
On April 2008 we applied for NEW AP. I attached a cover letter, explaining everything and asking to put approval start date from the actual approval date and not the date of expiration of previous AP, which is September 2008 because it was lost. They ignored the letter!
On June 2008 we received new AP with Start Date September 2008.
My wife need to travel on August 2008.
I made infopass appointment on July 2008. I do not have any hope. At least I can try. Going to ask about FBI Name Check.
I read, somebody got AP issued by local CIS office during the infopass. But I think it's rare.
Any suggestions?
Misha
I485 EB3 filed on July 2, 2007
PD: December 2005
I have absolutely the same story happened to my wife.
I'm July 2007 filer, she is a dependent. She never received AP which was approved and mailed on September 2007.
Called USCIS on October, November and December 2007. No results.
Took Infopass on January 2008. We were told that we have to apply for a new one.
On April 2008 we applied for NEW AP. I attached a cover letter, explaining everything and asking to put approval start date from the actual approval date and not the date of expiration of previous AP, which is September 2008 because it was lost. They ignored the letter!
On June 2008 we received new AP with Start Date September 2008.
My wife need to travel on August 2008.
I made infopass appointment on July 2008. I do not have any hope. At least I can try. Going to ask about FBI Name Check.
I read, somebody got AP issued by local CIS office during the infopass. But I think it's rare.
Any suggestions?
Misha
I485 EB3 filed on July 2, 2007
PD: December 2005
Oasis52
05-16 08:37 AM
Hi
Thanks for the replies
Actually I posted this same question on Lawbench.com (paid service) and one of thier lawyers provided me with this asnwer:
You cannot leave the United States while a change of employer petition is pending. Unless, that petition requests for Consular Processing. You would need to show your valid passport, H-1B visa, and current approval notice for Co B. Yes, you can enter with Company A's visa stamp.
If you cannot wait in the US for Company B's petition to be approved, you would need consular process the petition and travel with the approval notice.
My concern comes is WHAT SHE MEANS BY CONSULAR PROCESSING? Does it applies to Consular Processing?
Also what about H1 Protability 2001 ACT which says if transfer is in process, one can enter the country just on receipt?
Thanks for the replies
Actually I posted this same question on Lawbench.com (paid service) and one of thier lawyers provided me with this asnwer:
You cannot leave the United States while a change of employer petition is pending. Unless, that petition requests for Consular Processing. You would need to show your valid passport, H-1B visa, and current approval notice for Co B. Yes, you can enter with Company A's visa stamp.
If you cannot wait in the US for Company B's petition to be approved, you would need consular process the petition and travel with the approval notice.
My concern comes is WHAT SHE MEANS BY CONSULAR PROCESSING? Does it applies to Consular Processing?
Also what about H1 Protability 2001 ACT which says if transfer is in process, one can enter the country just on receipt?
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paskal
04-12 08:23 PM
In other words we can go through CompeteAmerica, as this is the umbrella organization working in this area?
we do collaborate closely with compete america on these issues.
we also requested everyone to get letters from their employers for administrative fixes...perhaps you missed that. we have also constantly encouraged everyone to present these issues to their employers and get support for immigration reform. at least one major corporation's employees in immigration voice have successfully lobbied their employer to become active and help bring immigration reform. the given corporation has been a strong voice and a great asset to us since then.
so you see my friend, it's really up to you. core team or iv leaders can't do this. you can. it's a good idea. go ahead now and walk the talk! hopefully we will see your employer "abc" (that's it, right Harivinder?) speaking up for us soon.
we do collaborate closely with compete america on these issues.
we also requested everyone to get letters from their employers for administrative fixes...perhaps you missed that. we have also constantly encouraged everyone to present these issues to their employers and get support for immigration reform. at least one major corporation's employees in immigration voice have successfully lobbied their employer to become active and help bring immigration reform. the given corporation has been a strong voice and a great asset to us since then.
so you see my friend, it's really up to you. core team or iv leaders can't do this. you can. it's a good idea. go ahead now and walk the talk! hopefully we will see your employer "abc" (that's it, right Harivinder?) speaking up for us soon.
more...
VivekAhuja
06-20 06:33 PM
There is no need to change the date on I-94. As long as you have the I-797 approval petition you are good. When you leave the country, you MUSTgive the I-94 to the airline authorities. If you go to Mexico by road, there is no one to take your I-94 and so you will have illegally left the US - which can lead to problems. If you fly, you are fine!
But still, unless you are going on vacation, do not waste your money.
But still, unless you are going on vacation, do not waste your money.
texcan
02-21 12:03 AM
How about the opposite problem. The LC wages are lower that what I am being paid. the LC reflects what I was being paid at the time it was filed. not sure if the lawyer screwed up. Right now, I am doing a similar job (non-IT, non-technical), but with wider responsibility and earning ~ 40% more. What now??
-a
Lawyers are the sole reason for these confusion, you cant have lower pay than what is mentioned in LCA; you cant have higher pay than what is mentioned in LCA....
I bet you a lawyer can and will justify both rules, why because this is what they do....;-)
USCIS rules are such a mess.....god help us all.
on lighter note...
One other easier solution is "you promise to pay extra money to "desi_hydrabadi"
issue solved...your salary matches LCA...desi_hydrabadi gets more money his salary matches LCA....
both get GC...
relax and live hapily....
Just kidding man, donot think too much about it...i was worrying about this issue ( higher pay than LCA)...i did worry for quite a while and
a good friend said donot worry ...something will take care of it...
needless to say he was right...(economy did take care of issue for me...).
-a
Lawyers are the sole reason for these confusion, you cant have lower pay than what is mentioned in LCA; you cant have higher pay than what is mentioned in LCA....
I bet you a lawyer can and will justify both rules, why because this is what they do....;-)
USCIS rules are such a mess.....god help us all.
on lighter note...
One other easier solution is "you promise to pay extra money to "desi_hydrabadi"
issue solved...your salary matches LCA...desi_hydrabadi gets more money his salary matches LCA....
both get GC...
relax and live hapily....
Just kidding man, donot think too much about it...i was worrying about this issue ( higher pay than LCA)...i did worry for quite a while and
a good friend said donot worry ...something will take care of it...
needless to say he was right...(economy did take care of issue for me...).
more...
snathan
01-22 08:25 PM
I was working for a Company A with whom I recently had my petition extended until this year Aug. Then I got laid off and then changed to Company B in Dec 09. But since then until now which is 6 weeks my current employer (his lawyer) has not filed my H1 to USCIS and going to do it shortly. But then Company A again want to rehire me now. One good thing is my Current I-797 petition is with Company A which is not revoked and is valid. But the bad news is they say I've been out of H1 Status since I left them in Dec and that would be a problem for them and for me to rehire me.
The Options Company A is giving me is to go out and get restamping done based on the current petition I have and agree/confess to Consulate that I was out of H1 status for 6 weeks and was under unauthorized employment (which I did not intent to break law as I only came to know a week back that my new employer has not filed the H1) and ask their forgiveness to come out clean. But under the current H1 weather I really don't want to risk going for restamping is one and revealing that I was out of status for 6 weeks which leave my chances of restamping slim.
So I'm really looking for an answer here from someone who either has went through my situation or someone with experience or a professional advice. Just let me know how can I join back Company A legally without going out of US to restamp?
Ask them to run the pay roll for those six weeks and pay the salary. Then you should be fine as your H1 is not yet revoked.
PS: Check with attorney.
The Options Company A is giving me is to go out and get restamping done based on the current petition I have and agree/confess to Consulate that I was out of H1 status for 6 weeks and was under unauthorized employment (which I did not intent to break law as I only came to know a week back that my new employer has not filed the H1) and ask their forgiveness to come out clean. But under the current H1 weather I really don't want to risk going for restamping is one and revealing that I was out of status for 6 weeks which leave my chances of restamping slim.
So I'm really looking for an answer here from someone who either has went through my situation or someone with experience or a professional advice. Just let me know how can I join back Company A legally without going out of US to restamp?
Ask them to run the pay roll for those six weeks and pay the salary. Then you should be fine as your H1 is not yet revoked.
PS: Check with attorney.
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GC4US
04-02 12:30 AM
Thanks everybody for help.
I would have another question:
I don't know what to write on "Class of Admission". When I entered U.S I was on H4 but I got Ead and now I'm on Ead and my husband on H1b.
Could someone tell me please what to write.
Thank you!
And where it's written :"On a seperate sheet of paper, please explain how you qualify for advance parole document"......should I write on a blank sheet of paper that I need to visit my parents....?
I would have another question:
I don't know what to write on "Class of Admission". When I entered U.S I was on H4 but I got Ead and now I'm on Ead and my husband on H1b.
Could someone tell me please what to write.
Thank you!
And where it's written :"On a seperate sheet of paper, please explain how you qualify for advance parole document"......should I write on a blank sheet of paper that I need to visit my parents....?
more...
sss9i
08-05 10:42 PM
I didn't fill G28 form.
Filed by employer(Attorney is employer for Company) Is it o.k. without filling G28 form??
Thanks
Filed by employer(Attorney is employer for Company) Is it o.k. without filling G28 form??
Thanks
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va_dude
03-11 02:56 PM
Krithi.. you said your case was similar. Have you had to travel back into the US after having switched jobs on an EAD with a pending 485?
Did you have to carry employment verification letters, paystubs, old H1b notice, AC21 docs (if any) also?
As 'tertip' noted, it would be nice if someone with first hand experience could post details on what the IO's response was when they said they did not work for the same employer anymore?
Did you have to carry employment verification letters, paystubs, old H1b notice, AC21 docs (if any) also?
As 'tertip' noted, it would be nice if someone with first hand experience could post details on what the IO's response was when they said they did not work for the same employer anymore?
more...
amulchandra
01-14 12:55 PM
Congratulations.
One quick question . Your PD (from your profile) is not current. Did you upgarde to EB2?
Thank you
Amul
One quick question . Your PD (from your profile) is not current. Did you upgarde to EB2?
Thank you
Amul
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sanju
03-06 02:44 PM
Which bill? Passed where? More info please.
The greater danger in our lives is not that we set our aim too high and fail, but we set them too low, and still do.
.
The greater danger in our lives is not that we set our aim too high and fail, but we set them too low, and still do.
.
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GCNaseeb
08-08 04:47 PM
Employer not revoking your I-140 itself proves "employer intention" to hire him back on adjudication. You may have intention to work for sponsoring employer but if you are laid off its not in your control, right? Adjudicator always looks by law and there is no law which says if you are laid off within 180 days your I-485 can not be approved.
It sounds a cake walk from your response, What if there is an RFE after 180 days on your sponsor/employer? You missed the point that GC is for future employment with the sponsor. There are certain situations where employee can invoke AC21 and get the protection against employer initiated termination etc. If you do not work for extended period.. no matter whether it is with in 180 or not.. USCIS may anytime during adjudication, question your intention for GC.
It sounds a cake walk from your response, What if there is an RFE after 180 days on your sponsor/employer? You missed the point that GC is for future employment with the sponsor. There are certain situations where employee can invoke AC21 and get the protection against employer initiated termination etc. If you do not work for extended period.. no matter whether it is with in 180 or not.. USCIS may anytime during adjudication, question your intention for GC.
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indianindian2006
10-09 08:34 PM
My RFE is with regards to Employer's ability to pay. Somehow, my employer hasn't submitted anything yet and the deadline is on Thurs Oct. 11. What will happen if we are not able to submit anything by the deadline? Will the app automatically get denied?
According to what I have read,if the additional evidence is not sent out by the deadline then they will decide the case with the evidence that they have on hand,which is most likely not enough for them to approve the case.After they decide the case and if it goes against you then your option is motion to reopen the case or an appeal.Contact your employer and attorney to send the papers ASAP.
Good luck.
According to what I have read,if the additional evidence is not sent out by the deadline then they will decide the case with the evidence that they have on hand,which is most likely not enough for them to approve the case.After they decide the case and if it goes against you then your option is motion to reopen the case or an appeal.Contact your employer and attorney to send the papers ASAP.
Good luck.
more...
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dagabaaj
01-23 11:19 AM
Finally the dates for I-140 have moved beyond the 8/15/2007 for Texas service center. That is a good sign. We should see some I-140 approvals soon then.
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sam_hoosier
03-26 10:18 AM
I am hoping to travel via emirates to bangalore..I have avoided other airlines due to transit visa issues...any experince using Emirates??.
I have traveled on Emirates to Chennai a couple of times but that was via London. Emirates is definitely among the top 5 airlines in the world in terms of customer service. Nice & comfirtable seats, great food, transit at Dubai was a breeze. Would definitely recommend :)
I have traveled on Emirates to Chennai a couple of times but that was via London. Emirates is definitely among the top 5 airlines in the world in terms of customer service. Nice & comfirtable seats, great food, transit at Dubai was a breeze. Would definitely recommend :)
more...
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Marphad
03-27 08:47 AM
AP:
Earlieir link provided ( http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf) has that info too.
An alien, however, who entered the United States pursuant to an advance parole document is not �lawfully admitted,� because the parole is not a final act with respect to admission. Thus, reentry based on a parole or advance parole does not start the clock over for the purpose of section 245(k).
Yes, on AOS you are always in status. Gap in employment should not be an issue on AOS as long as you can produce an EVL.
Status violations are a problem only when you are on H1B.
I entered on H1 not AP. Hope this is safe :).
Earlieir link provided ( http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf) has that info too.
An alien, however, who entered the United States pursuant to an advance parole document is not �lawfully admitted,� because the parole is not a final act with respect to admission. Thus, reentry based on a parole or advance parole does not start the clock over for the purpose of section 245(k).
Yes, on AOS you are always in status. Gap in employment should not be an issue on AOS as long as you can produce an EVL.
Status violations are a problem only when you are on H1B.
I entered on H1 not AP. Hope this is safe :).
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Apollon
06-29 06:53 PM
I've heard 2 contradicting opinions on this matter, so trying to get to the truth.
My PERM case is about to be filed, let's assume for argument sake the job description
requires Bachelors degree + 5 years of experience.
I have B. Sc. degree, the requirements completed in April 2004.
I've been with the current sponsor, who is applying for my PERM labor case for 15 months,
and without those 15 months I don't have 5 years post graduation experience, required to qualify for EB2 track ( I do have close to 10 years of experience in the field, since I worked during college and even before that, but I was told only post graduation experience counts)
If counting these 15 months with my current H1 sponsor I do have over 5 years of post graduation experience.
Two opinions I've heard:
1. You can only use the current sponsor experience, if the position, you're getting the PERM certification for is at least 50% different in it's job duties from the experience, prior to joining this sponsor.
2. There is no restriction - current sponsor experience counts for EB2 post grad. 5 years.
I'm not interested in opinions or speculations please - only what the law says. If anyone has that information - response is greatly appreciated - my PERM case is about to be filed and I don't my application to get rejected down the road because of not satisfying the EB2 track requirements.
My PERM case is about to be filed, let's assume for argument sake the job description
requires Bachelors degree + 5 years of experience.
I have B. Sc. degree, the requirements completed in April 2004.
I've been with the current sponsor, who is applying for my PERM labor case for 15 months,
and without those 15 months I don't have 5 years post graduation experience, required to qualify for EB2 track ( I do have close to 10 years of experience in the field, since I worked during college and even before that, but I was told only post graduation experience counts)
If counting these 15 months with my current H1 sponsor I do have over 5 years of post graduation experience.
Two opinions I've heard:
1. You can only use the current sponsor experience, if the position, you're getting the PERM certification for is at least 50% different in it's job duties from the experience, prior to joining this sponsor.
2. There is no restriction - current sponsor experience counts for EB2 post grad. 5 years.
I'm not interested in opinions or speculations please - only what the law says. If anyone has that information - response is greatly appreciated - my PERM case is about to be filed and I don't my application to get rejected down the road because of not satisfying the EB2 track requirements.
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gk_2000
01-27 02:43 PM
I am an optimist. A hopeful person. I like to and want to see the positive side of things. However, the current political climate and economic state of the nation makes me skeptical.
Much has been said and (not) done so far about immigration reform. The murphy's law half of my brain is starting to get queasy. I've been in this mess for 6 years now and dread the doomsday scenario that immigration reform doesn't go through this year. If it does not, I think we're all completely effed up for the next 3-4 years, at least until after the next elections. I hope to be wrong on this, by a long shot.
My question to some of you is - what will you do if skilled reform doesn't happen this year?
My career has been stagnating, rotting away almost. I've been working on a startup idea in my spare time for a while now. Of course, these sort of ventures need time and full-time effort to take-off. I have often entertained the thought of leaving my job, returning back to India, or finding some way, by hook or crook, of doing my own thing, and reviving my career. Having lived here, first as a grad student, and now as a wage slave, for the past 9 years, returning is not an easy option. If reform does not happen, I don't see anything but darkness for a pretty long time.
What will you do?
Never late or early in life. Learn as much as I can about the concepts I care about, and when I move on, use my learnings at later time, opportunity or place
Much has been said and (not) done so far about immigration reform. The murphy's law half of my brain is starting to get queasy. I've been in this mess for 6 years now and dread the doomsday scenario that immigration reform doesn't go through this year. If it does not, I think we're all completely effed up for the next 3-4 years, at least until after the next elections. I hope to be wrong on this, by a long shot.
My question to some of you is - what will you do if skilled reform doesn't happen this year?
My career has been stagnating, rotting away almost. I've been working on a startup idea in my spare time for a while now. Of course, these sort of ventures need time and full-time effort to take-off. I have often entertained the thought of leaving my job, returning back to India, or finding some way, by hook or crook, of doing my own thing, and reviving my career. Having lived here, first as a grad student, and now as a wage slave, for the past 9 years, returning is not an easy option. If reform does not happen, I don't see anything but darkness for a pretty long time.
What will you do?
Never late or early in life. Learn as much as I can about the concepts I care about, and when I move on, use my learnings at later time, opportunity or place
texcan
07-29 10:48 PM
I have a unique problem with possibly getting a green card too early. Please let me know how I can make this situation better. My priority date in EB2 India is in Jan 2006, which means potentially I could get my green card in 2-3 months.
I plan to get engaged in December 2008 and married in December 2009 to an Indian born Australian citizen. As far as I can see, her chargeability would be from India.
What are my options to make my life easier and to be able to successfully bring my future wife to the US the easiest possible way. So far, I have 2 options:
1. Use the special E3 work visa for Australian citizens.
2. If I dont get my GC within the next few months, do an early court marriage and invoke the following-to-join spouse when she is ready to come to the US.
well ...if the option is between "difficult spouse"/"GC " why bother with either....I thought of something else when i saw the title. pls donot mind...
On serious note, Since your spouse is australian citizen you can easily use E3 visa ( its very simple) or better yet just go ahead and marry her in court right away, register marriage and have the big gala family ....marriage event later.
My 2 cents...take it easy and make it simple. Its a happy occasion donot waste time on immigration issue in next few months, enjoy the courtship time...immigration will fall in place and even if not ...life matters.
I plan to get engaged in December 2008 and married in December 2009 to an Indian born Australian citizen. As far as I can see, her chargeability would be from India.
What are my options to make my life easier and to be able to successfully bring my future wife to the US the easiest possible way. So far, I have 2 options:
1. Use the special E3 work visa for Australian citizens.
2. If I dont get my GC within the next few months, do an early court marriage and invoke the following-to-join spouse when she is ready to come to the US.
well ...if the option is between "difficult spouse"/"GC " why bother with either....I thought of something else when i saw the title. pls donot mind...
On serious note, Since your spouse is australian citizen you can easily use E3 visa ( its very simple) or better yet just go ahead and marry her in court right away, register marriage and have the big gala family ....marriage event later.
My 2 cents...take it easy and make it simple. Its a happy occasion donot waste time on immigration issue in next few months, enjoy the courtship time...immigration will fall in place and even if not ...life matters.
balu_g
01-06 08:07 AM
Hi Mayra75, Yes this is a bad situation for immigrants. Hope it will be resolved in 2006. If you dont have any other option, you can look for a job in a University or a Non-profit organization which does not come under the cap.
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