godspeed
04-16 12:54 PM
doesnt make sense, how does h1b-lca matter to I-485 adjudication?, isnt this a clear case of witch hunting?
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thomachan72
10-29 06:46 AM
Thanks, I do have the copy of I-140 approval notice with receipt number and all that info.
It's hard to find employers (once again, non consulting ones) who commit to file my GC application again. At best, I get a "we'll gladly transfer your H1-B visa but no commitment on GC" sort of response. Considering a worst case scenario, if I dont have a newly approved PERM by May 2013 and my original PD (July 2008) becomes current, what happens then?
Thanks again!
Asuming you dont have an approved labor by 2013, you will not be able to apply for H1b renewal at that point (even if your PD is not current). The only way you can get further extensions is if you have completed the PERM by then or atleast have PERM pending for 365 days. Join somebody now and then look for others who would be willing to do the PERM immediately. I am not sure how long you can stay now since you are basically out of status as of last week.
It's hard to find employers (once again, non consulting ones) who commit to file my GC application again. At best, I get a "we'll gladly transfer your H1-B visa but no commitment on GC" sort of response. Considering a worst case scenario, if I dont have a newly approved PERM by May 2013 and my original PD (July 2008) becomes current, what happens then?
Thanks again!
Asuming you dont have an approved labor by 2013, you will not be able to apply for H1b renewal at that point (even if your PD is not current). The only way you can get further extensions is if you have completed the PERM by then or atleast have PERM pending for 365 days. Join somebody now and then look for others who would be willing to do the PERM immediately. I am not sure how long you can stay now since you are basically out of status as of last week.
Winner
06-08 11:46 AM
how about contributing to IV? When ppl here dont pay $10 for IV...will they $1 or $2 Million for Saturn....Do you think so????
How about "Leading By Example"? Would you consider becoming a donor?
Anyways, I do see your point..
How about "Leading By Example"? Would you consider becoming a donor?
Anyways, I do see your point..
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chanduv23
09-17 03:01 PM
Looks like no one is accepting my apologies :( maybe they will all come to DC and beat me up instead
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ronhira
10-11 07:41 PM
poorslumdog is tunnel rat
STAmisha
08-03 10:19 AM
Spoke with a lawyer. He told me that PD need not be current to interfile though it is commonly held belief
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cbpds
12-09 01:25 PM
Well its just wasting GC numbers as this person is leaving US anyways, why GC???
I have seen many people leave US after once they get their GC, how stupid is that?
i have not come across any success stories of USCIS to CP move.
Also, i am not sure if the company must keep an empty chair for you..till you complete the CP process.
I was told that as long as the firm can give a letter stating that the job will be offered once you get ur GC..that should be good enough.
you are venturing into the unknown jungles....;-) ..best of luck
I have seen many people leave US after once they get their GC, how stupid is that?
i have not come across any success stories of USCIS to CP move.
Also, i am not sure if the company must keep an empty chair for you..till you complete the CP process.
I was told that as long as the firm can give a letter stating that the job will be offered once you get ur GC..that should be good enough.
you are venturing into the unknown jungles....;-) ..best of luck
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Desertfox
11-14 01:51 PM
Following are the answers to your questions. :)
I have a question for you too: How are you contributing to Immigrationvoice?
Dear All ,
I recently got my I-140 approved, got our(me and spouse) EAD and AP too.Now what I am wondering is that
1.Am I still on H1 status or the status now becomes EAD ?
You are on H1 unless you request your employer to update your I-9 with EAD.
2. If my H1 still holds good then should I go back to India to get my fresh H1 stamping as it will expire november next year or should I go for one year H1 extensions(as I heard from friends ) till I get the GC ?
Your H1 is not good after it expires. You have to get extension to be in H1 status. Stamping from India would be required if you travel to India with expired stamp on your passport and you choose not to use your AP to return to US.
3. Is there any stipulated time limit within which my wife has to apply for her SSN( we have not yet applied for it. )
There is no time limit.
4. My passport is going to expire on December next year. Do I need to go to India for renewal or it can be done from here itself. If it can be done from here itself then when is the earliest to start that process ?( I will be happy if u could send some links that will guide me ).
You can renew your passport in US and following are the links for Indian Consulates in USA.
Embassy of India, Washington DC http://www.indianembassy.org/newsite/default.asp
Consulate General of India, Chicago, USA http://chicago.indianconsulate.com/
Consulate General of India, Houston, USA http://www.cgihouston.org/
Consulate General of India, New York, USA http://www.indiacgny.org/
Consulate General of India, San Fransisco, USA http://www.cgisf.org/
Thank you very much in advance.
Anci.
I have a question for you too: How are you contributing to Immigrationvoice?
Dear All ,
I recently got my I-140 approved, got our(me and spouse) EAD and AP too.Now what I am wondering is that
1.Am I still on H1 status or the status now becomes EAD ?
You are on H1 unless you request your employer to update your I-9 with EAD.
2. If my H1 still holds good then should I go back to India to get my fresh H1 stamping as it will expire november next year or should I go for one year H1 extensions(as I heard from friends ) till I get the GC ?
Your H1 is not good after it expires. You have to get extension to be in H1 status. Stamping from India would be required if you travel to India with expired stamp on your passport and you choose not to use your AP to return to US.
3. Is there any stipulated time limit within which my wife has to apply for her SSN( we have not yet applied for it. )
There is no time limit.
4. My passport is going to expire on December next year. Do I need to go to India for renewal or it can be done from here itself. If it can be done from here itself then when is the earliest to start that process ?( I will be happy if u could send some links that will guide me ).
You can renew your passport in US and following are the links for Indian Consulates in USA.
Embassy of India, Washington DC http://www.indianembassy.org/newsite/default.asp
Consulate General of India, Chicago, USA http://chicago.indianconsulate.com/
Consulate General of India, Houston, USA http://www.cgihouston.org/
Consulate General of India, New York, USA http://www.indiacgny.org/
Consulate General of India, San Fransisco, USA http://www.cgisf.org/
Thank you very much in advance.
Anci.
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Ramba
03-29 11:39 AM
techy,
you misunderstood. we do not want unlimited EB visas. What is important here is clear the backlogs. we need to present a workable, feasible demand to the lawmakers to achive our goal. Already they have given so many provisions in the bill to overcome the backlogs in EB catagory. However, the only hurdle in thses bills are the hard country quota. Terefore we need to have a strong as well as simple demand. We should not ask so many small small demands. It wont help, inturn it may harm.
By the way, I will be the most happiest person if they allow BS+5 years from numarical count in Eb2 catagory. I do not have MS and I have my 140 approved in EB2 with BS+5 yrs experience and I have nore than 10 years experience. But I still fell that this demand is too much.
If we achive all the current provisions and removal of country quota, then it will be lottery to all Indians and Chinese.
you misunderstood. we do not want unlimited EB visas. What is important here is clear the backlogs. we need to present a workable, feasible demand to the lawmakers to achive our goal. Already they have given so many provisions in the bill to overcome the backlogs in EB catagory. However, the only hurdle in thses bills are the hard country quota. Terefore we need to have a strong as well as simple demand. We should not ask so many small small demands. It wont help, inturn it may harm.
By the way, I will be the most happiest person if they allow BS+5 years from numarical count in Eb2 catagory. I do not have MS and I have my 140 approved in EB2 with BS+5 yrs experience and I have nore than 10 years experience. But I still fell that this demand is too much.
If we achive all the current provisions and removal of country quota, then it will be lottery to all Indians and Chinese.
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MeraNoAayega
05-18 06:54 PM
Does any one happen to know how long will the court take to decide if it want's to hear the case & then to actually issue a decision?
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zoozee
06-11 06:52 PM
Thanks GCard_Dream to understand .
Zee.
Zee.
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prdgl
02-12 09:33 PM
Hi,
Will anybody know what kind of issues I will face if I go for EB2 with MS+0or Will it go through fine ? Want to know both for LC and I-140 stage.
Thanks
Will anybody know what kind of issues I will face if I go for EB2 with MS+0or Will it go through fine ? Want to know both for LC and I-140 stage.
Thanks
more...
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singhv_1980
01-31 10:41 PM
If you are planning to interview at Delhi, then check out the policies of the Delhi Consulate here: http://newdelhi.usembassy.gov/applyinghlopq.html
As of last Sept, there was no requirement to drop off the application a week before the interview, however, Mumbai did have that requirement.
By the way, did you investigate the delays due to PIMS? Any update on how one can request the information about the approved H-1B sent to the consulsate?
Thanks for the info.
I tried getting some info on PIMS here in US..but cudnt get any. All I have is through couple of forums including IV. I cudnt make any pattern based on approval date or service center for I-797. All I have is hope.
May god bless us all.
As of last Sept, there was no requirement to drop off the application a week before the interview, however, Mumbai did have that requirement.
By the way, did you investigate the delays due to PIMS? Any update on how one can request the information about the approved H-1B sent to the consulsate?
Thanks for the info.
I tried getting some info on PIMS here in US..but cudnt get any. All I have is through couple of forums including IV. I cudnt make any pattern based on approval date or service center for I-797. All I have is hope.
May god bless us all.
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Ramba
07-29 12:55 PM
He did ask me who filed for the GC so he knew mine was EB case.
Elaine,
Is there any document on USCIS website that clearly states that EB AP holder's can visit outside US and return without need of emergency?
thanks,
If you see the instruction of form I-131, it clearly says AP is an exdraodinary measure and should be sparingly used, for emergency purpose (page 1). AP can not be used to by pass the visa or visa issuance process. It clearly says that if AP is based on pending I-485, then the travel should be for family emergency and bonafide business purpose (page 3).
As because, USCIS/CBP is flexible for AP admission it does not mean that the rules are flexible. If the CBP agents at POE wants to flex their muscles they can deny the admission of AP holder, if they found the travel was not an emergency or a bonafide bussiness travel.
http://www.uscis.gov/files/form/I-131instr.pdf
Elaine,
Is there any document on USCIS website that clearly states that EB AP holder's can visit outside US and return without need of emergency?
thanks,
If you see the instruction of form I-131, it clearly says AP is an exdraodinary measure and should be sparingly used, for emergency purpose (page 1). AP can not be used to by pass the visa or visa issuance process. It clearly says that if AP is based on pending I-485, then the travel should be for family emergency and bonafide business purpose (page 3).
As because, USCIS/CBP is flexible for AP admission it does not mean that the rules are flexible. If the CBP agents at POE wants to flex their muscles they can deny the admission of AP holder, if they found the travel was not an emergency or a bonafide bussiness travel.
http://www.uscis.gov/files/form/I-131instr.pdf
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knnmbd
04-28 02:45 PM
DOL Proposed Legislation for Labor Certification
In an attempt to clamp down on fraud in the labor certification application process, the Department of Labor (�DOL�) has proposed regulations, which would impact both pre-PERM and PERM filings. The proposal includes requiring employers to pay for all costs and fees associated with a labor certification application. The penalties for violating this proposal include denial of the labor certification, revocation, debarment, or any combination. Debarment means an employer can not file a labor certification application for up to three years.
A labor certification application would also have a limited validity period. Currently a labor certification application is valid without limitation unless it is revoked or withdrawn. Under the proposed regulations, an employer must file an immigrant petition with the CIS within 45 days of the labor certification application approval. For applications which have already been certified, an employer must file within 45 days of the enactment of final rule implementing the regulations. If the labor certification application is not filed within this timeframe, it will expire and can not be used to support an immigrant petition.
The proposed regulations also prohibit substitution. Substitution occurs when an employer has an approved labor certification application, but the individual that was originally listed in the labor certification application is no longer being sponsored. An employer could �substitute� a new employee into the labor certification application if the new employee met the minimum requirements listed in the labor certification application at the time the application was initially filed. Concerned that substitution encouraged fraud, DOL proposes to eliminate substitution.
Finally, the proposed rule prohibits a labor certification application to be sold, bartered or purchased. If an individual or entity is found to have engaged in this kind of transaction, the labor certification application can be denied, revoked, debarment, or any combination.
I like the idea of the employer bearing ALL green card expenses and attesting to that with no impunity from prosecution if found guilty. Hey, that's the way it's supposed to be. The employer is SO INTERESTED in keeping you that they spend 15K on your paperwork, wait for 3-4 years till you get your GC. The reason we are being treated like the way we are by employers is because we are prepared to do any thing to get our GC's , even pay for it if it comes down to it and that this the case 90% of the time. Eliminating labor substitution, clamping down on fraudulent paperwork will clear the way up for everyone. I am glad that these steps are being taken; too bad it took so long.
In an attempt to clamp down on fraud in the labor certification application process, the Department of Labor (�DOL�) has proposed regulations, which would impact both pre-PERM and PERM filings. The proposal includes requiring employers to pay for all costs and fees associated with a labor certification application. The penalties for violating this proposal include denial of the labor certification, revocation, debarment, or any combination. Debarment means an employer can not file a labor certification application for up to three years.
A labor certification application would also have a limited validity period. Currently a labor certification application is valid without limitation unless it is revoked or withdrawn. Under the proposed regulations, an employer must file an immigrant petition with the CIS within 45 days of the labor certification application approval. For applications which have already been certified, an employer must file within 45 days of the enactment of final rule implementing the regulations. If the labor certification application is not filed within this timeframe, it will expire and can not be used to support an immigrant petition.
The proposed regulations also prohibit substitution. Substitution occurs when an employer has an approved labor certification application, but the individual that was originally listed in the labor certification application is no longer being sponsored. An employer could �substitute� a new employee into the labor certification application if the new employee met the minimum requirements listed in the labor certification application at the time the application was initially filed. Concerned that substitution encouraged fraud, DOL proposes to eliminate substitution.
Finally, the proposed rule prohibits a labor certification application to be sold, bartered or purchased. If an individual or entity is found to have engaged in this kind of transaction, the labor certification application can be denied, revoked, debarment, or any combination.
I like the idea of the employer bearing ALL green card expenses and attesting to that with no impunity from prosecution if found guilty. Hey, that's the way it's supposed to be. The employer is SO INTERESTED in keeping you that they spend 15K on your paperwork, wait for 3-4 years till you get your GC. The reason we are being treated like the way we are by employers is because we are prepared to do any thing to get our GC's , even pay for it if it comes down to it and that this the case 90% of the time. Eliminating labor substitution, clamping down on fraudulent paperwork will clear the way up for everyone. I am glad that these steps are being taken; too bad it took so long.
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gneerajg
07-27 02:03 AM
Hi,
I have already filed my I-140 and 485 in May 2007 and my extension is due in Sept this year. Am I eligible for 3 yr extension or not and secondly my wife and daughter are using their AP so are they required H-4 extension or not
Neeraj
I have already filed my I-140 and 485 in May 2007 and my extension is due in Sept this year. Am I eligible for 3 yr extension or not and secondly my wife and daughter are using their AP so are they required H-4 extension or not
Neeraj
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Berkeleybee
04-26 07:20 PM
Glad to have been of assistance and happy that the IV core played the greatest part in getting the story out. Lets keep our eyes and ears open as we look out for more opportunities. There is a potential opportunity from this article shared by gonecrazyonh4 : http://immigrationvoice.org/forum/showpost.php?p=9627&postcount=321
I looked around the site and found out that the misleading article was an op-ed and that the paper actually has someone dedicated to immigration issues. I found the following info, it might be worth following up as part of telling the other side of the story and correcting misperceptions that may have been created :
Brenda Gazzar : brenda.gazzar at dailybulletin.com, Immigration and Ethnic Issues (909) 483-9355
More contacts here : http://www.dailybulletin.com/contactus
Note that this was written by a "guest" columnist. Go ahead and write to the reporter. Happily this is a small local paper, in a pretty Republican district, any article that throws in allegations about Asians and then terrorists cant be taken seriously.
I looked around the site and found out that the misleading article was an op-ed and that the paper actually has someone dedicated to immigration issues. I found the following info, it might be worth following up as part of telling the other side of the story and correcting misperceptions that may have been created :
Brenda Gazzar : brenda.gazzar at dailybulletin.com, Immigration and Ethnic Issues (909) 483-9355
More contacts here : http://www.dailybulletin.com/contactus
Note that this was written by a "guest" columnist. Go ahead and write to the reporter. Happily this is a small local paper, in a pretty Republican district, any article that throws in allegations about Asians and then terrorists cant be taken seriously.
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fromnaija
11-17 11:48 AM
Hey arnet! I am having the same problem. I filed for EAD renewal and then I got my card the other day, but problem is they gave me the same expiration date w/c is Jan. 2007. I called the 1-800# 4 times the day after I got my new card to let them know of the error. I never felt so disappointed and frustrated in my whole life! The first 3 representative I spoke could not tell me anything but "sorry we can't do anything about that". One of them even told me to go to the USCIS where I had my biometrics taken.. and that was 5 hours drive from where I live. I was so pissed. Then I tried to call again that same day just to see if there's anyone in their customer service who has some sense to tell me. And luckily a lady answered and she told me to fill out another I-767 form and send it to the service center who approved my case without the filing fee. That is if it's their fault, they're going to waive the fee.
The only thing that gets to me is, we put our trust in these people to do their part.. because we do. We pay our taxes, we pay for all these filing fees, we do not violate their country.. we're just here to work. Yet after all the waiting that we do, all the hoping, all the sacrifices..this is all we get. A MISTAKE on our IDs.
I filled out a new EAD application, made copies of all the notices I received from them regarding this application...and I even wrote a damn letter just to explain what happened. I'm in so much pressure right now because I need to have my new card as soon as possible... I am due for renewal of my driver's license. If I can't have that card by the end of this year, I am doomed! I will lose my license and my job. Thanks to them! :mad:
This is one good reason I support the person who posted on another thread that one keeps status in H1B and not work with EAD. I an not trying to justify the USCIS mess up but if you have the option to keep extending H1 until you get GC, please do so.
The only thing that gets to me is, we put our trust in these people to do their part.. because we do. We pay our taxes, we pay for all these filing fees, we do not violate their country.. we're just here to work. Yet after all the waiting that we do, all the hoping, all the sacrifices..this is all we get. A MISTAKE on our IDs.
I filled out a new EAD application, made copies of all the notices I received from them regarding this application...and I even wrote a damn letter just to explain what happened. I'm in so much pressure right now because I need to have my new card as soon as possible... I am due for renewal of my driver's license. If I can't have that card by the end of this year, I am doomed! I will lose my license and my job. Thanks to them! :mad:
This is one good reason I support the person who posted on another thread that one keeps status in H1B and not work with EAD. I an not trying to justify the USCIS mess up but if you have the option to keep extending H1 until you get GC, please do so.
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LondonTown
05-04 07:58 AM
Hi-
My H1-B expires in August 2011. My I-94 was stamped only until May 20, 2011 because my passport was expiring early. Now I have a new passport.
In March 2011, I also applied for a renewal of my Advance Parole(AP) and EAD and they are still pending approval.
I am planning on travelling to Canada next week by road(through Detroit) to get my I-94 renewed. So If I travel to Canada, will my AP application be considered abandoned?
Also, can I just cross into Canada by road, wait for a couple of hours and come back into the US to get a new I-94. I know usually you don't surrender your I-94 when visiting Canada for less of 30 days.
I am hoping I would be able tell the Canadian/US immigration officer that I need a new I-94 and hopefully surrender my older I-94 and get a new one when coming back in. Please let me know if thats not possible and I need to fly to Canada to get a new I-94.
Thanks
You may try going to the nearest CBP office. We had the similar situation (except our visa on the passport was expired) and visited nearest 3 CBP offices. Two offices said that since it is not CBP's fault you have to extend the validity of I-94 via I-539 but the third office issued a new I-94 without asking any questions.
Technically they only fix the errors made by their officers but they can do it if they want.
Since you have a valid visa on your passport so you have an option to go out of country and come back with new I-94 or you may try visiting CBP office.
If you plan to visit CBP office, use the word error not correction- just staple both passport together and hand over along with I94 and I797 and point them to the date of I94 vs I797 and let them interpret.
My H1-B expires in August 2011. My I-94 was stamped only until May 20, 2011 because my passport was expiring early. Now I have a new passport.
In March 2011, I also applied for a renewal of my Advance Parole(AP) and EAD and they are still pending approval.
I am planning on travelling to Canada next week by road(through Detroit) to get my I-94 renewed. So If I travel to Canada, will my AP application be considered abandoned?
Also, can I just cross into Canada by road, wait for a couple of hours and come back into the US to get a new I-94. I know usually you don't surrender your I-94 when visiting Canada for less of 30 days.
I am hoping I would be able tell the Canadian/US immigration officer that I need a new I-94 and hopefully surrender my older I-94 and get a new one when coming back in. Please let me know if thats not possible and I need to fly to Canada to get a new I-94.
Thanks
You may try going to the nearest CBP office. We had the similar situation (except our visa on the passport was expired) and visited nearest 3 CBP offices. Two offices said that since it is not CBP's fault you have to extend the validity of I-94 via I-539 but the third office issued a new I-94 without asking any questions.
Technically they only fix the errors made by their officers but they can do it if they want.
Since you have a valid visa on your passport so you have an option to go out of country and come back with new I-94 or you may try visiting CBP office.
If you plan to visit CBP office, use the word error not correction- just staple both passport together and hand over along with I94 and I797 and point them to the date of I94 vs I797 and let them interpret.
dtekkedil
07-02 11:50 PM
The Honorable Emilio T. Gonzalez
Director U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Director U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
ksrk
03-04 04:37 PM
Topics at this forum range from H1B to visitor visa to citizenship to EB-based GC and sometimes even family-based GC sponsorship.
Agreed that quite a bit of discussion happens on issues related to EB. When you spend over half your waking hours at work, and EB-based immigration affects not just your status in this country, but your job, your finances, and pretty much your entire life, it is not surprising that so many posts relate to EB-based immigration.
And I haven't even mentioned the zillion forms and stages of EB-based immigration compared to others...
At the end of the day, you are welcome to post a thread on any issue you care about (relating to immigration) and like previous replies suggest, the mission of the organization is quite clear.
Hi guys,
this is my first post, so please bear with me ..How can a novice know that this forum is for EB category ? small suggestion to iv team, a small iv admin fix...
can typing immigrationvoice.org take us all to "ebimmigrationvoice.org" or eb-legal-immigrationvoice.org" ? (eg. ibnlive.com takes you to ibnlive.in.com) In that way eventually everybody will know its a eb immigration voice and no other legal immigrants forums..
Sr members, please share your views on this topic..
thanks
narendra
Agreed that quite a bit of discussion happens on issues related to EB. When you spend over half your waking hours at work, and EB-based immigration affects not just your status in this country, but your job, your finances, and pretty much your entire life, it is not surprising that so many posts relate to EB-based immigration.
And I haven't even mentioned the zillion forms and stages of EB-based immigration compared to others...
At the end of the day, you are welcome to post a thread on any issue you care about (relating to immigration) and like previous replies suggest, the mission of the organization is quite clear.
Hi guys,
this is my first post, so please bear with me ..How can a novice know that this forum is for EB category ? small suggestion to iv team, a small iv admin fix...
can typing immigrationvoice.org take us all to "ebimmigrationvoice.org" or eb-legal-immigrationvoice.org" ? (eg. ibnlive.com takes you to ibnlive.in.com) In that way eventually everybody will know its a eb immigration voice and no other legal immigrants forums..
Sr members, please share your views on this topic..
thanks
narendra
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