ksrk
07-07 06:14 PM
Thanks for reply, if you don't mind, do you have the USCISs' announcement link about this pre-adjudication ? Does it say those who pre-adjudicated will not get any future RFE/Denials ?
Unfortunately, there is no such guarantee. All any claim of pre-adjudication could mean is that if there were a visa number available (and we know there aren't any for EB2-I or EB3-I at this time) as of the day the case was pre-adjudicated, the applicant could be issued his/her green card.
When a visa number does become available, the adjudicating officer will review the case again before issuing the green card. Since these are employment-based immigrant visas, at any point the officer could request evidence that the employment position, that is related to this application, still exists.
Unfortunately, there is no such guarantee. All any claim of pre-adjudication could mean is that if there were a visa number available (and we know there aren't any for EB2-I or EB3-I at this time) as of the day the case was pre-adjudicated, the applicant could be issued his/her green card.
When a visa number does become available, the adjudicating officer will review the case again before issuing the green card. Since these are employment-based immigrant visas, at any point the officer could request evidence that the employment position, that is related to this application, still exists.
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Libra
07-05 12:50 PM
CNN is asking us to fix our(India) country first before asking for justice in this(USA) country..............
http://www.cnn.com/2007/WORLD/asiapcf/07/05/damon.india.widows/index.html
that is what CNN is doing now.........
http://www.cnn.com/2007/WORLD/asiapcf/07/05/damon.india.widows/index.html
that is what CNN is doing now.........
pune_guy
06-05 07:43 PM
Hi,
Both, me and my wife, have EAD and AP. I am still working on H1 and she is not using her EAD (other than to obtain SSN).
We do not see her working for another year or so. I may switch jobs using AC21 and may do so using H1B transfer or EAD.
So here's my question:
1. Can I skip renewing her EAD and renew just mine?
2. Can we renew her EAD as and when we feel the need, which may be later than the expiry date of her current EAD?
I'd appreciate your thoughts on this matter.
Thanks
Both, me and my wife, have EAD and AP. I am still working on H1 and she is not using her EAD (other than to obtain SSN).
We do not see her working for another year or so. I may switch jobs using AC21 and may do so using H1B transfer or EAD.
So here's my question:
1. Can I skip renewing her EAD and renew just mine?
2. Can we renew her EAD as and when we feel the need, which may be later than the expiry date of her current EAD?
I'd appreciate your thoughts on this matter.
Thanks
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TomPlate
04-15 09:53 AM
You would have put some number. Please put 0 and it will be accepted.
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gk_2000
04-28 04:13 PM
Where is my GC?
Woh mai ka lal is dharti par janam nahi liya hei dost!
Woh mai ka lal is dharti par janam nahi liya hei dost!
shruthi07
01-01 10:05 PM
You can apply for a new passport after 30 mar 2007.
Expiry Date will be 10 years from the date of issue.
You will get your old passport along with the new one.
Expiry Date will be 10 years from the date of issue.
You will get your old passport along with the new one.
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kart2007
11-19 01:48 PM
Yes ,I had the same issue, try now its working good
Thanks, I will try now.
BTW USPS does not forward federal emails (and the ones where return service is requested). It may depend upon you luck if they forward it. However they do hold such mails for pickup (which is what i have done).
Thanks, I will try now.
BTW USPS does not forward federal emails (and the ones where return service is requested). It may depend upon you luck if they forward it. However they do hold such mails for pickup (which is what i have done).
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lazycis
01-12 07:53 AM
I personally think 1 yr+ wait should work. But definitely take the letters-to-congressmen route first.
BTW I am basing my answer on some of the case studies I have read in http://www.ilw.com/ (sorry I didn't save any links)
AILF mandamus litigation page has one successful case where wait was less than 2 years (Li Duan v. Zamberry, No. 06-1351, 2007 U.S. Dist. LEXIS 12697 (W.D. Pa. 2007) - 16 months).
http://www.ailf.org/lac/clearinghouse_mandamus.shtml
BTW I am basing my answer on some of the case studies I have read in http://www.ilw.com/ (sorry I didn't save any links)
AILF mandamus litigation page has one successful case where wait was less than 2 years (Li Duan v. Zamberry, No. 06-1351, 2007 U.S. Dist. LEXIS 12697 (W.D. Pa. 2007) - 16 months).
http://www.ailf.org/lac/clearinghouse_mandamus.shtml
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kaisersose
11-13 04:13 PM
Thank you all for your valuable input. I have a follow up question :
Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.
Here is the situation :
My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.
Thank you for your time.
Your H-1b must be sponsored by a US company. H-1b terms require you to gainfully work only for that employer. As long as your US tax returns do not show any other source of income and show you have been working fulltime for your sponsoring employer, you should be fine.
They do not bother with foreign wages or what you do with your free time ( as long as it inot a second job).
Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.
Here is the situation :
My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.
Thank you for your time.
Your H-1b must be sponsored by a US company. H-1b terms require you to gainfully work only for that employer. As long as your US tax returns do not show any other source of income and show you have been working fulltime for your sponsoring employer, you should be fine.
They do not bother with foreign wages or what you do with your free time ( as long as it inot a second job).
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angelfire76
04-01 03:29 PM
"===============================================
It is advised to all the employees not to travel out of the country for visa stamping nor vacations, if it can be avoided. Right now, there are reports of many visa denials at the consulates abroad and even the US Port of Entry. Unless it is absolutely inevitable, travel should not be undertaken.
If travel is a must, it is advised to the employees to carry the following supporting documents:
1. Employer provided copies of recruitment activity stating that they attempted to hire US citizens but failed - THIS WILL BE HARD TO ESTABLISH
2. The usual check list for H stamping and employment verification at the US port of entry
The general advise is even for AP holders (Advance Parole) to refrain from traveling outside the US, if you can.
"===============================================
Does this make any sense? Isn't the LCA supposed to be proof that they have tried to recruit willing and able US citizens? Employer anyway would not retain resumes of people they received years ago, when the LCA was approved.
I wonder which attorney sent this.
It is advised to all the employees not to travel out of the country for visa stamping nor vacations, if it can be avoided. Right now, there are reports of many visa denials at the consulates abroad and even the US Port of Entry. Unless it is absolutely inevitable, travel should not be undertaken.
If travel is a must, it is advised to the employees to carry the following supporting documents:
1. Employer provided copies of recruitment activity stating that they attempted to hire US citizens but failed - THIS WILL BE HARD TO ESTABLISH
2. The usual check list for H stamping and employment verification at the US port of entry
The general advise is even for AP holders (Advance Parole) to refrain from traveling outside the US, if you can.
"===============================================
Does this make any sense? Isn't the LCA supposed to be proof that they have tried to recruit willing and able US citizens? Employer anyway would not retain resumes of people they received years ago, when the LCA was approved.
I wonder which attorney sent this.
more...
realizeit
07-28 10:27 AM
For me, it would take at least 2-4 years to get GC as my PD is around OCT-06/EB2.
I sincerely would like to contribute at least $1000 to IV, when I receive my GC.
So far..
One Time Contribution - $100
Recurring Contrib Since OCT-07: $50
I sincerely would like to contribute at least $1000 to IV, when I receive my GC.
So far..
One Time Contribution - $100
Recurring Contrib Since OCT-07: $50
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shahrooz
02-10 10:50 PM
I've been thinking about this for a while. Typically, it takes more time in average to obtain a green card through adjustment of status (I-485) than going through consular processing. Here's the part I don't understand! Both applicabts have to pass FBI name check. Those who use I-485 are already in the U.S. and that means they have gone through FBI name check once they applied for a visa at an American consulate/embassy to enter the U.S. under any visa category. Therefore, their background has been checked once and should be less questionable than those who go through consular processing and it's the first time FBI is conducting a name check on them. Now, how is it possible that I-485 applicants have to go through hell to get their green cards while consular processing applicants feel the heat of a green card in their hands much sooner?
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vallabhu
06-11 03:55 PM
But it is clear as per bullet point given and Adjudicators processing the file may not understand the language they can just say only people ending 6th year are eligible and deny PP on 7th and 8th years applications.
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gc_chahiye
09-21 03:25 PM
Employer cannot revoke I-140 application after 180 days of filling I-485. No matter what the scenario is.
employer can revoke the I-140 at any time. If you have crossed 180 days since filing I-485, the revocation does not effect your I-485 approval.
employer can revoke the I-140 at any time. If you have crossed 180 days since filing I-485, the revocation does not effect your I-485 approval.
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raysaikat
06-14 11:50 AM
Thank you! raysaikat
So it is just like applying a new H1 visa, but include a copy of my current approved H1 visa and maybe some pay checks from my current employer?
There is nothing called "H1-B transfer". It is always a new petition by the new employer. The key is that since you have been counted once, you should not be counted again. For that you give your new employer your current H1-B approval notice (I-797) which is the proof that you have been counted. The new employer (or his/her lawyer) will use that information appropriately. The new H1-B must also start on or after Oct 1, 2008.
So it is just like applying a new H1 visa, but include a copy of my current approved H1 visa and maybe some pay checks from my current employer?
There is nothing called "H1-B transfer". It is always a new petition by the new employer. The key is that since you have been counted once, you should not be counted again. For that you give your new employer your current H1-B approval notice (I-797) which is the proof that you have been counted. The new employer (or his/her lawyer) will use that information appropriately. The new H1-B must also start on or after Oct 1, 2008.
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rameshvaid
03-19 06:13 PM
I went to US Consulate Montreal Canada yesterday and they held back my passport, Copy of LC, Originals of my I 485 and H1/H4. They told me your company is too small 7-8 employees and need to search the company. I had my H1/H4's got stamped in Toronto in 2005 without any problem.
My I 140 is approved in June 06, Submitted I 485 in June/July 07 got EAD Cards in Oct.-07. I also got my 3 years H1/H4 approvals on Jan-18th, 08.
Any idea how much time they are going to check the status of the company? Does the size of the company really matters? I am paid regularily and my company is a real estate investment firm, due to recent recession the profit of the company is low as compared to previous years. Will this make any difference. I am EB 3 with priority date July 30th, 2003.
Any advise?? Has some one been in the same situation. My older son is in college and has exams on Monday? Any thoughts/suggestions.
RV
My I 140 is approved in June 06, Submitted I 485 in June/July 07 got EAD Cards in Oct.-07. I also got my 3 years H1/H4 approvals on Jan-18th, 08.
Any idea how much time they are going to check the status of the company? Does the size of the company really matters? I am paid regularily and my company is a real estate investment firm, due to recent recession the profit of the company is low as compared to previous years. Will this make any difference. I am EB 3 with priority date July 30th, 2003.
Any advise?? Has some one been in the same situation. My older son is in college and has exams on Monday? Any thoughts/suggestions.
RV
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praveenuppaluri
02-21 10:41 AM
Hello all
starting Jan 19th 2010, all the previous forms for non-immigrant visa (DS 156, 157 and 158) are removed and one single form DS 160 is introduced. I am trying to fill that for my parents and this form is an online form and one of the questions in page 1 is "your full name in native alphabet". I remember filling that for my H1 previously where I take the printouts and write my name in that box in my native language. the new form however doesn't let you save or move forward with an empty box. the only other option there is "do not apply" and not sure if that is the right way of doing it (right now its the only way I can fill this form)
anyone who filled this form recently - can you please share what you did?
Thanks
Praveen
starting Jan 19th 2010, all the previous forms for non-immigrant visa (DS 156, 157 and 158) are removed and one single form DS 160 is introduced. I am trying to fill that for my parents and this form is an online form and one of the questions in page 1 is "your full name in native alphabet". I remember filling that for my H1 previously where I take the printouts and write my name in that box in my native language. the new form however doesn't let you save or move forward with an empty box. the only other option there is "do not apply" and not sure if that is the right way of doing it (right now its the only way I can fill this form)
anyone who filled this form recently - can you please share what you did?
Thanks
Praveen
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dearscorpius
11-27 01:00 AM
My situation:
I've been given offers by two companies, A and B.
I am currently under my F1 student visa, OPT status, my OPT started at July 2010.
Company A is now processing my H1B petition, and this is the first time I apply for H1B. But I haven't started to work for them yet, they set the start date to be in Jan. next year. They just filed my H1B petition before Thanksgiving.
Right now, I decided not to work for Company A for some personal reasons, and I will work for Company B next year February. (2011) And Company B is going to file a H1B petition for me after the Thanksgiving holiday.
My issue is, Company A is going to terminate the H1B visa process from my end, and ends the employment relation with me. Will I be out of status, if Company A withdraw their H1B petition filed for me? How can I avoid this problem. What should I ask Company A to do, and what should I ask Company B to do.
I am willing to give more details if an attorney can really help me answer my questions. I would really appreciate that! It's kind of urgent. Thanks very much!
I've been given offers by two companies, A and B.
I am currently under my F1 student visa, OPT status, my OPT started at July 2010.
Company A is now processing my H1B petition, and this is the first time I apply for H1B. But I haven't started to work for them yet, they set the start date to be in Jan. next year. They just filed my H1B petition before Thanksgiving.
Right now, I decided not to work for Company A for some personal reasons, and I will work for Company B next year February. (2011) And Company B is going to file a H1B petition for me after the Thanksgiving holiday.
My issue is, Company A is going to terminate the H1B visa process from my end, and ends the employment relation with me. Will I be out of status, if Company A withdraw their H1B petition filed for me? How can I avoid this problem. What should I ask Company A to do, and what should I ask Company B to do.
I am willing to give more details if an attorney can really help me answer my questions. I would really appreciate that! It's kind of urgent. Thanks very much!
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gconmymind
04-18 04:51 PM
See the thin is as far as the status goes I believe one is not on Immigrant status unless one gets the GC; and their are only two statuses, Immigrant and Non-Immigrant for us (or I guess illegal, which we are not for sure)!!
So do you think using EAD gives a person an Immigrant status in turn losing his non-immigrant status?
EAD is just work authorization. You are an adjustee when 485 is pending and will get Immigrant status only when your 485 is approved.
So do you think using EAD gives a person an Immigrant status in turn losing his non-immigrant status?
EAD is just work authorization. You are an adjustee when 485 is pending and will get Immigrant status only when your 485 is approved.
pointlesswait
07-17 07:14 PM
almost 120 days...
All PERMS are being processed at Atlanta! hence the pile up!
My friend applied for PERM on April 1st and got approved yesterday.
Just wanted to let the people know who have their perm pending, so they can calculate processing dates.
thank you
All PERMS are being processed at Atlanta! hence the pile up!
My friend applied for PERM on April 1st and got approved yesterday.
Just wanted to let the people know who have their perm pending, so they can calculate processing dates.
thank you
anil_gc
11-26 05:36 PM
Thanks for the replies, I did not get my approval notice so far and the travel is around the corner.
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