jungalee43
08-26 09:38 PM
Sailesh thanks for your advise.
Can some immigatin attorney post opinion / advice please? I understand that you may not know complete details of the case. But still I would highly appreciate your opinion.
Can some immigatin attorney post opinion / advice please? I understand that you may not know complete details of the case. But still I would highly appreciate your opinion.
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JazzByTheBay
08-21 01:11 PM
Very helpful response!
Yes, it depends on IO, but assuming USCIS has been informed of AC21 portability, I'm guessing we should be OK.
Thanks again,
jazz
I have changed the job on EAD and used AP for returning back. To be on the safeside I have notified USCIS service center about my AC21 change and kept the copy of the package sent to USCIS.
On our return in EWR, we have been sent to secondary inspection. IO asked whom I am working? I said my new employer's name? He took our copies of AP and stamped I-94 as parolled.
On our return in two days our greencard was also approved without any RFEs.
Again it depends on I/O in the port of entry I guess.
Yes, it depends on IO, but assuming USCIS has been informed of AC21 portability, I'm guessing we should be OK.
Thanks again,
jazz
I have changed the job on EAD and used AP for returning back. To be on the safeside I have notified USCIS service center about my AC21 change and kept the copy of the package sent to USCIS.
On our return in EWR, we have been sent to secondary inspection. IO asked whom I am working? I said my new employer's name? He took our copies of AP and stamped I-94 as parolled.
On our return in two days our greencard was also approved without any RFEs.
Again it depends on I/O in the port of entry I guess.
saileshdude
08-26 03:20 PM
My I-140 and I-485 was filed concurrently in July 2004. I-140 was approved in October 2004 for EB3-India. In November 2006 I changed employers after I informed USCIS. We received notice in March 2007 to show another approved I-140 as my I-140 was revoked. My attorney replied invoking AC21 and stating that my I-140 remains valid. He attached my own letter informing them of employer change notiifcation as evidence.
On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.
Ok. First you need to find a good attorney like Ron Gotcher or Murthy. Do a few consults. Maybe with murthy herself ($250 or something). Also do consult with Ron Gotcher . I think that is for free. I know of at least murthy and Ron who have been successful in these kind of cases. They should be able to answer your question also regarding whether MTR going to the same office or not. Also if you can, make sure that your I-140 was approvable from the begining. I read a case as recent as yesterday on IV somewhere that if I-140 was not approvable from begining than it cannot be considered for porting purposes for AC21. I doubt that your case is similar but make sure about this.
Also try to find a litigation attorney who deal with immigration as well as filing lawsuit because if you cannot file MTR then this may be your only other option.
Also contact the IV people here as well as local senator and Ombudsman Office. I think all this collective effort should get you back on track.
On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.
Ok. First you need to find a good attorney like Ron Gotcher or Murthy. Do a few consults. Maybe with murthy herself ($250 or something). Also do consult with Ron Gotcher . I think that is for free. I know of at least murthy and Ron who have been successful in these kind of cases. They should be able to answer your question also regarding whether MTR going to the same office or not. Also if you can, make sure that your I-140 was approvable from the begining. I read a case as recent as yesterday on IV somewhere that if I-140 was not approvable from begining than it cannot be considered for porting purposes for AC21. I doubt that your case is similar but make sure about this.
Also try to find a litigation attorney who deal with immigration as well as filing lawsuit because if you cannot file MTR then this may be your only other option.
Also contact the IV people here as well as local senator and Ombudsman Office. I think all this collective effort should get you back on track.
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shyamiv
09-20 03:23 PM
Guys..i have noticed that so many other members has already been complained about the getting Red dots for no reason...i got the red for this post for just a spell mistake. This is too much and IV has to do some thing about this. Otherwise people will afraid or not be willing to post their opinions here...
That should not stop you from expressing your opinions and thoughts here in this forum !
That should not stop you from expressing your opinions and thoughts here in this forum !
more...
fightforit
01-26 12:08 PM
Very true ! I am not sure what the moderators of Murhty forum are up to but yes the forum has been hijacked by a few very rude members. BTW, one of their very famous members have been banned from another very popular Attorney forum for rude (and illogical) posts and now happily continues name calling and rude language in Murthy forum.
Good, so I'm not the only one who feels that Murthy is dominated by uncivilized conversations. IV came as such a breath of fresh air because everyone here is polite and agree to disagree in a civil manner.
BTW is that famous member "J***f"....lol. He's been getting bashed at Murthy a bit too lately. He's like a schoolyard bully who just enjoys pouncing on people and giving unnecessary gyan.
Good, so I'm not the only one who feels that Murthy is dominated by uncivilized conversations. IV came as such a breath of fresh air because everyone here is polite and agree to disagree in a civil manner.
BTW is that famous member "J***f"....lol. He's been getting bashed at Murthy a bit too lately. He's like a schoolyard bully who just enjoys pouncing on people and giving unnecessary gyan.
Googler
02-08 03:12 PM
Can you provide some more information on the AILA liaison meetings? Excuse my ignorance but I have never heard of it before.
Can we ask AILA to support the letter campaign? Specifically, can we ask AILA to push for recapturing 218K unused visas and clarification on how they might be allocated, if recaptured?
Thanks!
It is my understanding that these liaison meetings are to discuss specific administrative and procedural issues at the service centers (not to discuss major reform). To get an idea of the topics covered see http://www.aila.org/content/default.aspx?bc=6721|6727
The docs themselves are available to AILA members only but you can see the topics discussed.
So to the extent that you have specific questions about the adjudication process itself you can send them to an AILA member and ask them to submit those questions to the AILA Liaison committee which may or may not choose to ask that question in the liaison meeting with USCIS -- each session has specific sub topics so they don't address every question out there.
Recapture and other major changes to the law are likely handled by other committees at AILA.
Can we ask AILA to support the letter campaign? Specifically, can we ask AILA to push for recapturing 218K unused visas and clarification on how they might be allocated, if recaptured?
Thanks!
It is my understanding that these liaison meetings are to discuss specific administrative and procedural issues at the service centers (not to discuss major reform). To get an idea of the topics covered see http://www.aila.org/content/default.aspx?bc=6721|6727
The docs themselves are available to AILA members only but you can see the topics discussed.
So to the extent that you have specific questions about the adjudication process itself you can send them to an AILA member and ask them to submit those questions to the AILA Liaison committee which may or may not choose to ask that question in the liaison meeting with USCIS -- each session has specific sub topics so they don't address every question out there.
Recapture and other major changes to the law are likely handled by other committees at AILA.
more...
singhsa3
11-04 08:11 PM
Check your private msg
Singhsa, I know. At this point, I am looking for alternatives. Please let me know if you have seen such experiences and what USCIS has done in such cases.
Singhsa, I know. At this point, I am looking for alternatives. Please let me know if you have seen such experiences and what USCIS has done in such cases.
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a_tyagi26
02-23 06:06 PM
I have same problem from. I cannot click on the very last post, on first column of forums on homepage.
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sdrblr
10-08 11:03 PM
It is all about number game and you(IV or other lobby groups) may not have the # to make lot of noise for that to happen.
I know EAD is not for CP filers today. I also believe EAD is one of the things that USCIS can issue with an admin fix.
I know EAD is not for CP filers today. I also believe EAD is one of the things that USCIS can issue with an admin fix.
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ameryki
07-21 03:28 PM
Please help called Customer Service and they were clueless!
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veni001
02-04 08:52 PM
One word worth millions, so you are more than welcome to say what ever you want to!
But, when we say something is wrong we should know what is right in the first place, we are more than happy to accept the truth, if you can share with us.
Like it or not reality is tough to digest almost all the time. Let's hope our brothers and sisters will not fall prey to the evil employer(s):(
God bless you all.
But, when we say something is wrong we should know what is right in the first place, we are more than happy to accept the truth, if you can share with us.
Like it or not reality is tough to digest almost all the time. Let's hope our brothers and sisters will not fall prey to the evil employer(s):(
God bless you all.
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just_waiting
10-17 03:53 PM
Let me add one more wrinkle:
Do you guys think I would lose my right to use EAD if I move to another employer by transferring my H1B? (I still have 2 years on it).
Do you guys think I would lose my right to use EAD if I move to another employer by transferring my H1B? (I still have 2 years on it).
more...
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augustus
05-06 03:28 PM
Does replying to RFE along with all required documents means GC is coming soon ??
Augustus..did you get GC yet ?
Thanks
My husband too replied to the RFE. So far, there has been only case resumed message. I am not sure if this kind of RFE will result in a Green Card. I pray that we all get our cards soon. I feel we have all given our share of sacrifices and played it fair and square so far.
Augustus..did you get GC yet ?
Thanks
My husband too replied to the RFE. So far, there has been only case resumed message. I am not sure if this kind of RFE will result in a Green Card. I pray that we all get our cards soon. I feel we have all given our share of sacrifices and played it fair and square so far.
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pappu
04-10 01:57 PM
Pappu,
I have updated my dates in profile. I really appreciate any information on EAD/AP changes from IV core team.
Thanks for updating the profile
We have asked for a multi year EAD and AP.
Until the rule comes out we have to continue to apply as per old rules and apply for a 1 year AP and EAD
The decision for OPT was made early probably due to the April1 H1B filings. We hope USCIS and Administration work on moving forward with multi year EAD and AP at the earliest and this issue is not buried under bureaucratic delays
I have updated my dates in profile. I really appreciate any information on EAD/AP changes from IV core team.
Thanks for updating the profile
We have asked for a multi year EAD and AP.
Until the rule comes out we have to continue to apply as per old rules and apply for a 1 year AP and EAD
The decision for OPT was made early probably due to the April1 H1B filings. We hope USCIS and Administration work on moving forward with multi year EAD and AP at the earliest and this issue is not buried under bureaucratic delays
more...
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pune_guy
08-20 06:04 PM
Hi,
Few months ago while googling about GC related stuff I came across a link, which, after going through few subsequent links, lead me to a link on the dol website from where I downloaded these databases. They are very huge (> 30 MB) so if you tell me (PM) you employer name and PD then I can look through the database and let you know the job title and code.
Thanks
Few months ago while googling about GC related stuff I came across a link, which, after going through few subsequent links, lead me to a link on the dol website from where I downloaded these databases. They are very huge (> 30 MB) so if you tell me (PM) you employer name and PD then I can look through the database and let you know the job title and code.
Thanks
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sodh
01-22 07:25 PM
I wish IV core members the best in whatever they do, any tiny relief will be a huge acheivement and that is what the IV core members are fightining for against all odds to get us some relief so please do not let them down.
more...
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glus
08-10 09:49 AM
Hi,
I filed for I-485 in July 2007. At that time I had an out-of-status issue. I had discussed the option of going out of the country and re-enter(to have a clean slate) before filing with my lawyer, she suggested going to Canada was more riskier.
There was a delay in switching from L1 to H1B after H1B and a change of status was approved in Oct 2005. I switched to my H1B employer only on April 1st 2006. So probably was out of status for 182 days.
Is it a given that USCIS will find this issue?
I was reading about the 245(k) memo, that USCIS can forgive up to 180 days of 'out of status' since the last lawful entry.
I haven't gone out of the country since Jan 2005. So still had 182 days of 'out of status' when the 485 was filed.
I'm planning a trip outside of the country by end of October. My question is that, will my re-entry (using H1-B) and subsequent stay in correct status be good enough for 245(k) ?
Will my previous 182 days of 'out of status' will be erased and overlooked for 485 purposes?.
Or did I have to have a clean status at the time when 485 was filed? Re-entry and maintaining status after filing 485 does not count ??
Greatly Appreciate any reply.
Thanks!
245(k) can be used to adjust status if a person failed to maintain non-immigrant status for fewer than 181 DAYS since the LAST entry until 485 was FILED Re-entering and maintaining status after 485 was filed can not help currently pending 485. If a person was out of status for more than 180 days, the underlying 485 can't be approved, IF USCIS NOTICES this. ...The odds are USCIS will not notice this. Another way of going about this problem, would be to re-file 485 after re-entering U.S. on a dual intent visa and maintaining the status when your PD is current again. Such 485 would be then approvable. Hope this makes any sense.
I filed for I-485 in July 2007. At that time I had an out-of-status issue. I had discussed the option of going out of the country and re-enter(to have a clean slate) before filing with my lawyer, she suggested going to Canada was more riskier.
There was a delay in switching from L1 to H1B after H1B and a change of status was approved in Oct 2005. I switched to my H1B employer only on April 1st 2006. So probably was out of status for 182 days.
Is it a given that USCIS will find this issue?
I was reading about the 245(k) memo, that USCIS can forgive up to 180 days of 'out of status' since the last lawful entry.
I haven't gone out of the country since Jan 2005. So still had 182 days of 'out of status' when the 485 was filed.
I'm planning a trip outside of the country by end of October. My question is that, will my re-entry (using H1-B) and subsequent stay in correct status be good enough for 245(k) ?
Will my previous 182 days of 'out of status' will be erased and overlooked for 485 purposes?.
Or did I have to have a clean status at the time when 485 was filed? Re-entry and maintaining status after filing 485 does not count ??
Greatly Appreciate any reply.
Thanks!
245(k) can be used to adjust status if a person failed to maintain non-immigrant status for fewer than 181 DAYS since the LAST entry until 485 was FILED Re-entering and maintaining status after 485 was filed can not help currently pending 485. If a person was out of status for more than 180 days, the underlying 485 can't be approved, IF USCIS NOTICES this. ...The odds are USCIS will not notice this. Another way of going about this problem, would be to re-file 485 after re-entering U.S. on a dual intent visa and maintaining the status when your PD is current again. Such 485 would be then approvable. Hope this makes any sense.
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usgc07
02-17 11:01 PM
Hi,
I have a question.
An applicant has an Indian Bsc degree + 3years specific industry experience+training . The applicant is in Final Sem MBA. Will the applicant qualify for H1B this year. The MBA is slated to cpmlete in August this year.
Gurus , please advise.
Thanks
USGC07
I have a question.
An applicant has an Indian Bsc degree + 3years specific industry experience+training . The applicant is in Final Sem MBA. Will the applicant qualify for H1B this year. The MBA is slated to cpmlete in August this year.
Gurus , please advise.
Thanks
USGC07
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gjoe
01-08 05:15 PM
If you don't send the name change request with supporting documents before your wife's I485 is approved you will end up spending another $370 for filing I90 ( the fees includes bimetrics fees which is mandatory for I90)
Change of name in bank, SSN, DL and passport is very simple and easy if you have all the supporting documents for the name change ( marriage certificate or the affidavit)
Change of name in bank, SSN, DL and passport is very simple and easy if you have all the supporting documents for the name change ( marriage certificate or the affidavit)
chanduv23
04-18 10:46 PM
Nice talking to you, and thanks much for your guidance, help, and time Chandu. The short phone conversation with you was quite informative and helpful. Thanks to IV for your initiatives to help the members who are in trouble with immigration matters.
Thanks.
My pleasure. MOTIC will resolve your issue. Your lawyer will manage it. Good luck.
Thanks.
My pleasure. MOTIC will resolve your issue. Your lawyer will manage it. Good luck.
yestogc
06-09 12:33 PM
I second your thought khodalmd, ............... when there is no country cap on H1B , why on GC then, this creates more backlog
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