snathan
01-17 02:25 PM
^^^^^^^^^
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vikki76
10-30 05:26 PM
caliguy,
I am in same boat as you.
2 i-140's approved with same company, both are EB2, one is RIR one is PERM.
PERM one had Jan 2006 PD where my RIR had Nov 2004.
I-485 was applied using Nov 2004. USCIS may be looking at other one and thinking PD is not current. What a mess.
leoindiano, I too have exactly same situation. Two I140 both EB2, one RIR (Nov 2004) and other PERM (Jan 2006). I called Nebraska SC using POJ method and verified with them if both 140 are linked to my 485 application or not. IO confirmed it over the phone and then reiterated that later PD is going to get picked up so my case is current per them. So, I would suggest that you do the same thing.
Another thing is that, after opening a service request, you can send a followup email to ncsc email address and get your query about priority date answered . I did that too and even got response from them . (Both A# consolidation and difference in PD)
I am in same boat as you.
2 i-140's approved with same company, both are EB2, one is RIR one is PERM.
PERM one had Jan 2006 PD where my RIR had Nov 2004.
I-485 was applied using Nov 2004. USCIS may be looking at other one and thinking PD is not current. What a mess.
leoindiano, I too have exactly same situation. Two I140 both EB2, one RIR (Nov 2004) and other PERM (Jan 2006). I called Nebraska SC using POJ method and verified with them if both 140 are linked to my 485 application or not. IO confirmed it over the phone and then reiterated that later PD is going to get picked up so my case is current per them. So, I would suggest that you do the same thing.
Another thing is that, after opening a service request, you can send a followup email to ncsc email address and get your query about priority date answered . I did that too and even got response from them . (Both A# consolidation and difference in PD)
dr_vroeg
06-07 10:06 AM
Hope this isn't too late (even though I have a whole month still). Love the other entries so far. Go Holland! :tb:
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prinive
03-13 10:02 AM
I couldnt belive it. But let us wait... I told some one that I will send sugar to them... Let me contact them through PM...
more...
Bradman
11-05 08:50 AM
Write to Mr. Bush (no kidding). They will send an inquiry to FBI and you will get something from FBI NNCP (name check division). If that does not help, file a lawsuit against USCIS/FBI. Or you can file a lawsuit first and then write a letter to save some time. The lawsuit will get things moving. The do-it-yourself guide is located here:
http://en.wikibooks.org/wiki/FBI_name_check
It worked man !!!
Gotta the Card production mail this morning after writing to the presidents office
Thanks a ton for your valuable advise !!!
http://en.wikibooks.org/wiki/FBI_name_check
It worked man !!!
Gotta the Card production mail this morning after writing to the presidents office
Thanks a ton for your valuable advise !!!
AabTuAgaGC
06-14 12:15 PM
This is how it works. If you file for your 485 now, the next thing that is expected from you is to wait for the receipt, that would take 3 to 4 weeks. Then you will get finger print notice, that might come in three months time. Once you are done with all this then check the processing date of the respective service centre where you have filed your 485 application.
Now coming to the question of unmarried filers, if the principal aplicant's date of marriage is beofe his or her 485 adjudication of adjustment of status, there are two ways principal applicant file for 485 for his or her spouse. The spouse can travel to US on H4 and file for 485 or the principal applicant can do consular processing. Now consular processing is good for those cases whosw w PD is current but since retrogression can kick in anytime it is better to travel to US on H4 and file for 485.
Another important aspect is if you file 485, EAD, Advance Parole and you use EAD, you loose your H1 status, hence on EAD you can not bring in your wife. So unmarried filersn it goes like thisn you go ahead and fileyour 485, then go to your home country brng in your wife on H4n as you have aleast s months of time if NSC, TSC or CSC 485 processing is not current and it is hown 1 month for receipt of 485, three months of time for getting the finger print notice and you can postpone by another month of FP by rescheduling it to another month. So literally you have 4 to 5 months to get married and by that time the dates will retrogress again. So dont worry, just go ahead file your 485 and start looking to get married. But try to bring in your spouse asap so that you can file for your spouses 485 also till the time PD is current. If you are not able to file for 485 for your spouse and you have filed for yourself and whenthe dates retrogresses again when your spouse comed to US you would not be able to use EAD as using EAD nullifies H1 and H4 status. So desi consulting companies will keep on sucking your blood as you cannot change job using EAD. If you need more info on this let me know I have gone through this and waited for almost three years to file for my spouse I resheduled my FP notice in 2004 to get married by the time my wife came retrogression kicked in and waited till June 2007 to file for my wife. My PD june 2002 still waiting
Thanks ajmalnasar, for your detailed reply! I am in the same boat. I am filing my i-485 this month and am hoping that I will at least get married on papers this Oct/Nov. The rest of the dhol dhamaka can be done later. I don't want to get married and then have to wait another 5 years to bring in my wifey. My PD is Dec 2003.
Now coming to the question of unmarried filers, if the principal aplicant's date of marriage is beofe his or her 485 adjudication of adjustment of status, there are two ways principal applicant file for 485 for his or her spouse. The spouse can travel to US on H4 and file for 485 or the principal applicant can do consular processing. Now consular processing is good for those cases whosw w PD is current but since retrogression can kick in anytime it is better to travel to US on H4 and file for 485.
Another important aspect is if you file 485, EAD, Advance Parole and you use EAD, you loose your H1 status, hence on EAD you can not bring in your wife. So unmarried filersn it goes like thisn you go ahead and fileyour 485, then go to your home country brng in your wife on H4n as you have aleast s months of time if NSC, TSC or CSC 485 processing is not current and it is hown 1 month for receipt of 485, three months of time for getting the finger print notice and you can postpone by another month of FP by rescheduling it to another month. So literally you have 4 to 5 months to get married and by that time the dates will retrogress again. So dont worry, just go ahead file your 485 and start looking to get married. But try to bring in your spouse asap so that you can file for your spouses 485 also till the time PD is current. If you are not able to file for 485 for your spouse and you have filed for yourself and whenthe dates retrogresses again when your spouse comed to US you would not be able to use EAD as using EAD nullifies H1 and H4 status. So desi consulting companies will keep on sucking your blood as you cannot change job using EAD. If you need more info on this let me know I have gone through this and waited for almost three years to file for my spouse I resheduled my FP notice in 2004 to get married by the time my wife came retrogression kicked in and waited till June 2007 to file for my wife. My PD june 2002 still waiting
Thanks ajmalnasar, for your detailed reply! I am in the same boat. I am filing my i-485 this month and am hoping that I will at least get married on papers this Oct/Nov. The rest of the dhol dhamaka can be done later. I don't want to get married and then have to wait another 5 years to bring in my wifey. My PD is Dec 2003.
more...
Bone
06-15 07:51 AM
Just had a bit of fun messing around with this, here's what I came up with. A good idea but poor execution IMO :).
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mirage
03-11 10:07 AM
I spoke to him yesterday, this is what he told me 'I wrote this letter long back, neither I remember what I asked nor I kept a copy but we can presume I asked about pending I-485 applications, because just asking pending 'applications' for Indians wouldn't have made sense anyway, than it could be any application Citizenship etc, etc..
...
I think we still are waiting from the member to tell us, exactly what was asked of the senator.
GO I/WE GO. TOGETHER WE CAN.
...
I think we still are waiting from the member to tell us, exactly what was asked of the senator.
GO I/WE GO. TOGETHER WE CAN.
more...
shree19772000
02-12 01:13 PM
Can you please elaborate on how this can be achieved? I curently have an approved 140 and am stuck in EB3 retrogression.
Please consult a immigration lawyer.
Please consult a immigration lawyer.
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rheoretro
09-13 03:44 PM
This is not the article placed on the thread. And nobody is trashing your efforts!!!!
A simple Google search on Immigration Voice has in its fourth hit that Washington Post Article...I don't maintain the page that you were looking in.
Please stop complaining, and stop yelling. Please do something constructive - write that op-ed piece and publish it in The NY Times.
Thank you.
A simple Google search on Immigration Voice has in its fourth hit that Washington Post Article...I don't maintain the page that you were looking in.
Please stop complaining, and stop yelling. Please do something constructive - write that op-ed piece and publish it in The NY Times.
Thank you.
more...
desi485
02-18 02:28 PM
I recently went to South Korea and entered the US on the AP since I didn't feel that I had enough time to wait for my H-1B stamped in my passport at the US emabassy in Seoul. Before leaving the US, I consulted with my attorney on this issue and she assured me that my H-1B is valid as long as I file the extension and maintain terms of the H-1B visa.
This is her opinion in quotes:
"I wanted to emphasize that you do not need to obtain the H visa as long as you have an unexpired Advance Parole document to use instead. To clarify, you are then entering in parolee status but in later filing an H extension or change of employer petition, DHS will terminate the grant of parole and admit you back into H classification. Additionally, if you enter on the advance parole and work consistent with the terms of your underlying current H petition, you are not violating your status nor do you need a separate EAD work card."
I hope this helps.
greenlight: Thank you indeed to share such useful information with rest of us.
As your lawyer used the words "change of employer petition", it seems that one can use AP to travel and still after coming back he/she can file for either extension, amendment or transfer. This answers the main concern that I started this thread for.
Also, on other threads I read that its possible to file H1 amendement even if your H1 is still valid. This is one way to come back to H1 status and get a New I-94 card.
Some one also mentioned that if you have a valid I-797 extenstion approval notice and if you show that at POE to IO, he/she may issue an I-94 till expiry of I-797 (3 years) instead of AP (1 year).
I would appreciate input from others who have some knowledge or experience of above situations.
This is her opinion in quotes:
"I wanted to emphasize that you do not need to obtain the H visa as long as you have an unexpired Advance Parole document to use instead. To clarify, you are then entering in parolee status but in later filing an H extension or change of employer petition, DHS will terminate the grant of parole and admit you back into H classification. Additionally, if you enter on the advance parole and work consistent with the terms of your underlying current H petition, you are not violating your status nor do you need a separate EAD work card."
I hope this helps.
greenlight: Thank you indeed to share such useful information with rest of us.
As your lawyer used the words "change of employer petition", it seems that one can use AP to travel and still after coming back he/she can file for either extension, amendment or transfer. This answers the main concern that I started this thread for.
Also, on other threads I read that its possible to file H1 amendement even if your H1 is still valid. This is one way to come back to H1 status and get a New I-94 card.
Some one also mentioned that if you have a valid I-797 extenstion approval notice and if you show that at POE to IO, he/she may issue an I-94 till expiry of I-797 (3 years) instead of AP (1 year).
I would appreciate input from others who have some knowledge or experience of above situations.
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Hassan11
03-13 03:39 PM
;) he/she must have some amazing programming skills. thi should show USCIS that they need to keep people with these skills in the US and give them GCs asap.
Thank you for posting.... But how did you find this link?
Thank you for posting.... But how did you find this link?
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kshitijnt
06-17 08:41 PM
Apple: If you dont have assets, you dont have much to lose anyway. The insurance company lawyer will protect the company in the end and not you. It makes sense to have your own attorney to indicate to other party's attorney that you dont have much money to pay them. I think what other attorney told you makes sense. When the plaintiff sues, he needs to include everyone or risk elimination of the case.
I feel sympathy for the stress for you and family and dont know the situation of the family suing you. But since lawyers are involved anyway, respond to other party through a lawyer.
I feel sympathy for the stress for you and family and dont know the situation of the family suing you. But since lawyers are involved anyway, respond to other party through a lawyer.
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sunny1000
07-16 09:17 PM
signed.
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drona
07-11 07:45 PM
Can we put a poll on this thread to see how many members will attend the rally? Thanks.
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Humhongekamyab
07-02 02:16 PM
Yes it applies for IV too. We have a handful of monthly subscribers because everyone wants the other person to pay for it. If the problem needs to be solved, each victim needs to fight this problem.
Do let us know the outcome of your complaint.
Please also inform others how you went about making this complaint.
Filing the complaint is the easiest thing that I have done in a long time. As I had lots of written evidence so it took me close to 30 minutes to prepare the everything but normally it should take no more than 10 minutes. The DOL, Wage and Hour division, takes care of all the such complaints and the identity of the filer is kept confidential to the fullest extent provided by law.
The Form for instructions for filling the complaint & the form is available at http://www.dol.gov/esa/whd/forms/fts_wh4.htm list of H-1B willful violators is available at http://www.dol.gov/esa/whd/immigration/H1BWillfulViolator.htm and the list of debarred employer's is http://www.dol.gov/esa/whd/immigration/H1BDebarment.htm
When I filed a complaint, I sent the whole package via FedEx. I waited for few weeks to hear from DOL but when nothing happened I went to their office (they are few blocks away from me). I spoke with an investigator (who was very professional and courteous) who told me that even though FedEx shows the package was delivered they cannot locate it. The investigator asked me to resubmit the package which I did the next day. I received a letter from the DOL after 2 weeks saying my complaint has been received; they even assigned me a complaint number which I can use to track the progress of the complaint by calling their office. The DOL combined mine and my coworker's complaint together and assigned both of us the same complaint number; my coworker filed his complaint few days after I had filed mine.
Do let us know the outcome of your complaint.
Please also inform others how you went about making this complaint.
Filing the complaint is the easiest thing that I have done in a long time. As I had lots of written evidence so it took me close to 30 minutes to prepare the everything but normally it should take no more than 10 minutes. The DOL, Wage and Hour division, takes care of all the such complaints and the identity of the filer is kept confidential to the fullest extent provided by law.
The Form for instructions for filling the complaint & the form is available at http://www.dol.gov/esa/whd/forms/fts_wh4.htm list of H-1B willful violators is available at http://www.dol.gov/esa/whd/immigration/H1BWillfulViolator.htm and the list of debarred employer's is http://www.dol.gov/esa/whd/immigration/H1BDebarment.htm
When I filed a complaint, I sent the whole package via FedEx. I waited for few weeks to hear from DOL but when nothing happened I went to their office (they are few blocks away from me). I spoke with an investigator (who was very professional and courteous) who told me that even though FedEx shows the package was delivered they cannot locate it. The investigator asked me to resubmit the package which I did the next day. I received a letter from the DOL after 2 weeks saying my complaint has been received; they even assigned me a complaint number which I can use to track the progress of the complaint by calling their office. The DOL combined mine and my coworker's complaint together and assigned both of us the same complaint number; my coworker filed his complaint few days after I had filed mine.
more...
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singhsa3
05-23 02:37 PM
For HR 5882, From 2 to...
COSPONSORS(13), ALPHABETICAL
Rep Abercrombie, Neil [HI-1] - 5/13/2008 Rep Capuano, Michael E. [MA-8] - 5/13/2008
Rep Carter, John R. [TX-31] - 5/13/2008 Rep Cuellar, Henry [TX-28] - 5/15/2008
Rep Davis, Tom [VA-11] - 4/24/2008 Rep Gilchrest, Wayne T. [MD-1] - 5/13/2008
Rep Honda, Michael M. [CA-15] - 5/13/2008 Rep Jackson-Lee, Sheila [TX-18] - 5/13/2008
Rep Nadler, Jerrold [NY-8] - 5/22/2008 Rep Roybal-Allard, Lucille [CA-34] - 5/22/2008
Rep Sensenbrenner, F. James, Jr. [WI-5] - 4/23/2008 Rep Shadegg, John B. [AZ-3] - 5/13/2008
Rep Speier, Jackie [CA-12] - 5/22/2008
COSPONSORS(13), ALPHABETICAL
Rep Abercrombie, Neil [HI-1] - 5/13/2008 Rep Capuano, Michael E. [MA-8] - 5/13/2008
Rep Carter, John R. [TX-31] - 5/13/2008 Rep Cuellar, Henry [TX-28] - 5/15/2008
Rep Davis, Tom [VA-11] - 4/24/2008 Rep Gilchrest, Wayne T. [MD-1] - 5/13/2008
Rep Honda, Michael M. [CA-15] - 5/13/2008 Rep Jackson-Lee, Sheila [TX-18] - 5/13/2008
Rep Nadler, Jerrold [NY-8] - 5/22/2008 Rep Roybal-Allard, Lucille [CA-34] - 5/22/2008
Rep Sensenbrenner, F. James, Jr. [WI-5] - 4/23/2008 Rep Shadegg, John B. [AZ-3] - 5/13/2008
Rep Speier, Jackie [CA-12] - 5/22/2008
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absaarkhan
08-20 01:17 PM
My Situation is Similar to Yours.
So it looks like you were able to GET H1 TRANSFER / EXTENSION
With Another Employer, Even After Entering US on Advance Parole.
I have a few Questions for you I would appreciate if you can please answer them :
1. When you Applied for H1B Transfer in Permium Processing, which I-94 #
did you gave to USCIS.
2. What did u or Attroney answered for Last Manner of Entry Question
3. Are you within the 6 Years limit for H1B or beyond i.e. using I-140 Approval.
4. Did u get any RFE for your H1B after using AP.
Please let me know.
Good job laying out all usecases "add78".
In my case, I travelled back on AP as my visa extension stamping went pending in Mumbai consulate. Came back here with my I-94 indicating "Parolee" as my new status.
Within 2 weeks, I changed employer as per AC21, they filed for my H1 transfer(premium processing) via Murthy Law Firm. I received a new I94 which put me back in the H1B status. During this 2-3 weeks I was in the US as a parolee I did NOT use the EAD, because you don't have to.
Interestingly after 3 months of my visa application at Mumbai consulate (2 months after I reached US) I received an email from them asking me to submit my passport for stamping. Its unbelievable that they think applicants would still be waiting in India for 3 months and that their employers would still be interested in keeping them, but I guess after all this ordeal I realised, they just don't care.
So it looks like you were able to GET H1 TRANSFER / EXTENSION
With Another Employer, Even After Entering US on Advance Parole.
I have a few Questions for you I would appreciate if you can please answer them :
1. When you Applied for H1B Transfer in Permium Processing, which I-94 #
did you gave to USCIS.
2. What did u or Attroney answered for Last Manner of Entry Question
3. Are you within the 6 Years limit for H1B or beyond i.e. using I-140 Approval.
4. Did u get any RFE for your H1B after using AP.
Please let me know.
Good job laying out all usecases "add78".
In my case, I travelled back on AP as my visa extension stamping went pending in Mumbai consulate. Came back here with my I-94 indicating "Parolee" as my new status.
Within 2 weeks, I changed employer as per AC21, they filed for my H1 transfer(premium processing) via Murthy Law Firm. I received a new I94 which put me back in the H1B status. During this 2-3 weeks I was in the US as a parolee I did NOT use the EAD, because you don't have to.
Interestingly after 3 months of my visa application at Mumbai consulate (2 months after I reached US) I received an email from them asking me to submit my passport for stamping. Its unbelievable that they think applicants would still be waiting in India for 3 months and that their employers would still be interested in keeping them, but I guess after all this ordeal I realised, they just don't care.
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snathan
01-17 04:59 PM
Hi Guys,
Please join the donor forum. We got some direction and plan how to go about this. We can not post the message in the open forum. We need trusted volunteer to work on this. Please send me your phone number and contact details in pvt message. pls check the donor forum for updates.
Please join the donor forum. We got some direction and plan how to go about this. We can not post the message in the open forum. We need trusted volunteer to work on this. Please send me your phone number and contact details in pvt message. pls check the donor forum for updates.
Openarms
06-12 11:54 AM
Is IV interested in doing a Freedom Of Information Act request to USCIS how and when they used up all visa numbers for EB3-India. That might show some information if they cooked the numbers if at all. We might get some more insight which monthly VISA bulletin does NOT give.
sidbee
06-13 08:31 AM
I am 2007 PD EB3. I know i am screwed :-) , but our discussing out unfortunate luck here , wont change it.
I am not even dreaming about my GC. I am just enjoying my life today, as i have no control over tomorrow. The irony , i was qulaified for EB2, but my lawyer didnt want to do an extra work(BS + 7 Years) , so he put me in EB3.
Let EB2 get there GC's first , and may be the illegals also get it before EB3, I really dont know the point of discussion of this thread.
Thank God somebody didnt write , thats its really unfortunate that we were born in India.
I am not even dreaming about my GC. I am just enjoying my life today, as i have no control over tomorrow. The irony , i was qulaified for EB2, but my lawyer didnt want to do an extra work(BS + 7 Years) , so he put me in EB3.
Let EB2 get there GC's first , and may be the illegals also get it before EB3, I really dont know the point of discussion of this thread.
Thank God somebody didnt write , thats its really unfortunate that we were born in India.