Jaime
05-25 09:47 AM
I called Sen. Cornyn's office but got a recording, with no possibility to leave a message. Then I called Sen. Kennedy's office and the immigration counsel was on the floor but they had a person in charge taking messages for him and she took at and said she would deliver it to him. Let's keep at it!
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AB1275
12-12 11:29 AM
My PERM was applied in Nov 2007 and 140 in early- mid 2008.
It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.
Had received an RFE to which we responded but it still got denied. The main reason being the company has a loss and the books are not audited.
My lawyer suggested that we appeal the deinal and start a new PERM in EB3 category.
Are these my only option to make sure I can renew my H1 after the 6th year? Any suggestions?
I'm confused and scared at the same time. Not sure what to do..
please suggest me all the options available to me.
Thanks!
It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.
Had received an RFE to which we responded but it still got denied. The main reason being the company has a loss and the books are not audited.
My lawyer suggested that we appeal the deinal and start a new PERM in EB3 category.
Are these my only option to make sure I can renew my H1 after the 6th year? Any suggestions?
I'm confused and scared at the same time. Not sure what to do..
please suggest me all the options available to me.
Thanks!
rockstart
09-10 10:15 AM
My advice you need to prepare a comprehensive package of documentation since your case is really messed up.
1) Get a legal translation of your original BC from Hindi to English. You can enlist help of some one you know (not a direct family member) or proffesional translation agency to do this. If done by some individual get it notarized.
2) Now prepare a letter highlighting the sections that are correct and sections that are incorrect (like name of child)
3) Get 2 affidavits from your parents/ relatives which the corrected information (also add the other BC info required refer to IV wiki for details). Make sure that these affidavits contain enough details to explain why the name and other details changed.
4) Get as much documentation as possible which can suppliment the new info. Example 10th / 12th certificates, School Leaving Certificates, PAN Card, Indian Drivers License, Nationality/ Domicile certificates, Caste Certificate, Election Card etc etc that can support the new name.
1) Get a legal translation of your original BC from Hindi to English. You can enlist help of some one you know (not a direct family member) or proffesional translation agency to do this. If done by some individual get it notarized.
2) Now prepare a letter highlighting the sections that are correct and sections that are incorrect (like name of child)
3) Get 2 affidavits from your parents/ relatives which the corrected information (also add the other BC info required refer to IV wiki for details). Make sure that these affidavits contain enough details to explain why the name and other details changed.
4) Get as much documentation as possible which can suppliment the new info. Example 10th / 12th certificates, School Leaving Certificates, PAN Card, Indian Drivers License, Nationality/ Domicile certificates, Caste Certificate, Election Card etc etc that can support the new name.
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joydiptac
05-26 01:50 PM
This is not a good advice...USCIS may have the file as active, and may approve EAD...If and when USCIS starts working on the application and issues RFE, etc., ...they may decide that the application was abandoned. If the poster worked on the EAD based on the abandoned GC application, then it is likely that USCIS will consider her to be out-of-status from the time she had no basis for EAD, which may mean a long illegal presence, triggering 10 years or permanent ban, etc.
Thanks Saikat, for pointing out some potential pitfalls.
I am sure USCIS has its own checks and balances to determine the validity of an application, and whether it is abandoned. But I do not believe in being proactive and raising flags to jeopardize what may be totally legit.
One more thing that slipped my mind is you can always check online status to see if your application is active or rejected. :)
Here are a few tidbits of law (information) I am aware of. I am not a lawyer so please seek help or search online for the validity of my statements :
1. During AOS (adjustment of Status, I485 pending) you do not accrue Illegal presence period. However, if you were on a Non Immigrant visa and that has expired you will be in illegal status until you went out and came back using AP - but that is usually OK. Unless there is an unrelated issue that flags your case you are safe. But mind you - still no Illegal presence is accrued. This is the law.
2. While on AOS it is OK to go out of the country for short periods of time (I don't think this is very well defined hence a gray area). In case you do not have any other non immigrant visa you need to have applied for AP before leaving the country otherwise you are considered to have abandoned your I485 application.
Example: My boss from one of my previous companies was on AOS was working from B'lore in the same company for more than or close to a year. He came back on his L1A visa. He had a long talk with Immigration and explained that our company had sent him abroad for all this while, which was true. He came back in, within a few months got his GC this tells me that his I485 was not considered to be abandoned. Well it is a different story that he did not stay after that as being a truly global manager, he was sent to France and then to India within 6 months.
HTH
Thanks Saikat, for pointing out some potential pitfalls.
I am sure USCIS has its own checks and balances to determine the validity of an application, and whether it is abandoned. But I do not believe in being proactive and raising flags to jeopardize what may be totally legit.
One more thing that slipped my mind is you can always check online status to see if your application is active or rejected. :)
Here are a few tidbits of law (information) I am aware of. I am not a lawyer so please seek help or search online for the validity of my statements :
1. During AOS (adjustment of Status, I485 pending) you do not accrue Illegal presence period. However, if you were on a Non Immigrant visa and that has expired you will be in illegal status until you went out and came back using AP - but that is usually OK. Unless there is an unrelated issue that flags your case you are safe. But mind you - still no Illegal presence is accrued. This is the law.
2. While on AOS it is OK to go out of the country for short periods of time (I don't think this is very well defined hence a gray area). In case you do not have any other non immigrant visa you need to have applied for AP before leaving the country otherwise you are considered to have abandoned your I485 application.
Example: My boss from one of my previous companies was on AOS was working from B'lore in the same company for more than or close to a year. He came back on his L1A visa. He had a long talk with Immigration and explained that our company had sent him abroad for all this while, which was true. He came back in, within a few months got his GC this tells me that his I485 was not considered to be abandoned. Well it is a different story that he did not stay after that as being a truly global manager, he was sent to France and then to India within 6 months.
HTH
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mihird
07-20 05:43 PM
But my question is can you have BOTH of them. Some say you can have 2 H1s at the same time for different companies, so hence my question was, can you have an H1 and an L1 at the same time.
Biju, whom did you ask, an immigration attorney or just on forums?
A concurrent H1 and L1 should be doable too...much like two concurrent H1s...
As long as you meet the requirements of the two visa categories, you should be able to hold both concurrently...
My knowledge on L1 is limited, but I thought, unlike H1, L1 was not as much a dual intent visa...it required evidence of some times to the foreign domicile..although, I could be wrong...I faintly remember the laws governing L1 were signficantly changed a couple of years back...
In short, if L1 is not much of a dual intent as H1, you might have trouble getting the two approved concurrently, but if they are equally dual intent, getting them concurrently shouldn't be a problem...
Biju, whom did you ask, an immigration attorney or just on forums?
A concurrent H1 and L1 should be doable too...much like two concurrent H1s...
As long as you meet the requirements of the two visa categories, you should be able to hold both concurrently...
My knowledge on L1 is limited, but I thought, unlike H1, L1 was not as much a dual intent visa...it required evidence of some times to the foreign domicile..although, I could be wrong...I faintly remember the laws governing L1 were signficantly changed a couple of years back...
In short, if L1 is not much of a dual intent as H1, you might have trouble getting the two approved concurrently, but if they are equally dual intent, getting them concurrently shouldn't be a problem...
tikka
07-06 11:44 AM
If I have approved LC and I140, can't i get 1yr (or if PD dates are retrogressed get 3yr) H1 extension??
if dates are retrogessed you get 3 year extensions..
if they are not then you apply for 485 :)
if dates are retrogessed you get 3 year extensions..
if they are not then you apply for 485 :)
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mrsr
05-19 11:22 PM
No friend i am planning to do next week
2010 All over your brand new rug
Euclid
03-19 12:06 AM
It did. This does work and I can confirm from experience. Go ahead and all the best.
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Mahatma
02-19 09:01 AM
Consult a good lawyer.
Is your spouse a US citizen? Do you want to use I-130 based greencard option?
After getting I-485 and parole etc., you are legally protected but still it is better to avoid international travel, until it is absolutely essential (deatth etc. but certainly not pleasure trips..).
As you had J1 before, it may be possible to non-cap H1 if that helps with your current job. Your status on J1 was good upto Oct 01, 2007. Current law could pardon up to 180 days of out-of-status days. Beyond that it will be 3 year bar.
Your priority should be:
1. How to avoid this 180 day situation
2. How to maintain status
-by EAD only
-or by H1 (cap or non-cap)
3. How to attain GC
-By I-130 only or
are there other options
If your spouse is a citizen, usually GC will be done in 1 or 2 years.
You need to map out prudent course of actions. Consult lawyer, ask questions, take charge of your unique situation and avoid the mistakes (unwarranted international travel, problem with law enforcement etc.).
Again, a good lawyer will be your best advisor.
Is your spouse a US citizen? Do you want to use I-130 based greencard option?
After getting I-485 and parole etc., you are legally protected but still it is better to avoid international travel, until it is absolutely essential (deatth etc. but certainly not pleasure trips..).
As you had J1 before, it may be possible to non-cap H1 if that helps with your current job. Your status on J1 was good upto Oct 01, 2007. Current law could pardon up to 180 days of out-of-status days. Beyond that it will be 3 year bar.
Your priority should be:
1. How to avoid this 180 day situation
2. How to maintain status
-by EAD only
-or by H1 (cap or non-cap)
3. How to attain GC
-By I-130 only or
are there other options
If your spouse is a citizen, usually GC will be done in 1 or 2 years.
You need to map out prudent course of actions. Consult lawyer, ask questions, take charge of your unique situation and avoid the mistakes (unwarranted international travel, problem with law enforcement etc.).
Again, a good lawyer will be your best advisor.
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sugaur
02-01 06:14 PM
Dear all,
I am sorry to post here. I know this is wrong but don't know where to go to. Could someone please help me and tell me how you can diversify your savings as an NRI for a safe secure future?
Thank you for your support.
Again, my apologies.
Q. Who is an optimist?
A. A dude on EB3 with priority date of Aug 2005, looking for a "safe secure" future :D
Joking aside dude, Pay off your debts, buy gold for the wife ( investing in the wife may be the surest way to have a safe secure future lol)), keep some CDs, keep handy cash ( a tleast 6 months of pay), good life insurance, medical insurance, max out 401K, and then if you still have some left you can dabble in stocks.
I am sorry to post here. I know this is wrong but don't know where to go to. Could someone please help me and tell me how you can diversify your savings as an NRI for a safe secure future?
Thank you for your support.
Again, my apologies.
Q. Who is an optimist?
A. A dude on EB3 with priority date of Aug 2005, looking for a "safe secure" future :D
Joking aside dude, Pay off your debts, buy gold for the wife ( investing in the wife may be the surest way to have a safe secure future lol)), keep some CDs, keep handy cash ( a tleast 6 months of pay), good life insurance, medical insurance, max out 401K, and then if you still have some left you can dabble in stocks.
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Quadrucle
09-15 05:29 PM
Last time CIR had sweet deal for Illegals ..
Pay $100 and get Z visa ( Work Permit ) .. --> GC --> Citizenship ---> Vote for ?? ..
For Legals ...go back and restart in new queue .. We dont want to skilled people be free of our companies. We expect you to be enslaved ..We are leader of Free world.
How can a New queue or a point system can be affecting us (EB) ? If it is like other contries where they have the point system for immigration, a job in hand/education/number of years lived in the country/ etc etc, everything should be in favour of the EB's, right? Also, if you know definetly when you will get a GC, rather than indefinite wait will help so many people in making the decision. I think here, the most frustrating thing is not knowing when you will get it, rather than waiting years and years..
Pay $100 and get Z visa ( Work Permit ) .. --> GC --> Citizenship ---> Vote for ?? ..
For Legals ...go back and restart in new queue .. We dont want to skilled people be free of our companies. We expect you to be enslaved ..We are leader of Free world.
How can a New queue or a point system can be affecting us (EB) ? If it is like other contries where they have the point system for immigration, a job in hand/education/number of years lived in the country/ etc etc, everything should be in favour of the EB's, right? Also, if you know definetly when you will get a GC, rather than indefinite wait will help so many people in making the decision. I think here, the most frustrating thing is not knowing when you will get it, rather than waiting years and years..
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jliechty
January 6th, 2005, 10:57 PM
A tip - use a mask on the upper layer instead of an eraser; it's easier to change later on and fine-tune if you'd like. Of course, you could also use a Channel Mixer adjustment layer with mask to make fine adjustments to the B&W conversion. :)
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kannan
01-11 11:04 AM
please
Hi gcformeornot
Is yr case still in CA?Mine is still in CA..........
Hi gcformeornot
Is yr case still in CA?Mine is still in CA..........
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manand24
10-22 09:34 AM
See Signature
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smisachu
06-19 10:05 AM
Hi Guys,
My co worker is a sales man who travells to latin america frequently. My company is concerned that once he files I-485 he will not be able to travel out of US. He has a valid H1 stamped on his passport.
His PD is Feb06, EB-3, ROW.
Can he not travel on his H1 once the he files AOS?
My co worker is a sales man who travells to latin america frequently. My company is concerned that once he files I-485 he will not be able to travel out of US. He has a valid H1 stamped on his passport.
His PD is Feb06, EB-3, ROW.
Can he not travel on his H1 once the he files AOS?
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waitin_toolong
07-27 10:07 AM
it is ok for the derivative applicant to not be working, but if the primary who os geeting the GC on the basis of employment does need to be employed at the time of approval.
1-2 months off will not matter. If the I-485 stays pending for too long they can raise RFE for current employer letters and other specifics, you will need to have a job lined up at that time.
1-2 months off will not matter. If the I-485 stays pending for too long they can raise RFE for current employer letters and other specifics, you will need to have a job lined up at that time.
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GCMan007
03-12 09:46 AM
After a long 5 years I finally received 485 case approved letter for both my case and my spouse's case. However the online status still shows pending. Is this common?. How long would it take for the online case status to be updated.
EB2- PB Dec2003
485 Filed date: 08/02/07
Texas service center
EB2- PB Dec2003
485 Filed date: 08/02/07
Texas service center
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murali77
06-16 01:39 AM
Thanks for the reply.
How difficult is to have name changed in SSN ?
and how long does it take.
Thanks.
Murali
How difficult is to have name changed in SSN ?
and how long does it take.
Thanks.
Murali
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m79
08-03 05:02 PM
Hello,
I am working on H1B and filed for my extention in Mar 2007. My original H1B expired in Jun 2007 and filed for EAD/AP/485 on Jul 22 2007. Today my employer received that h1b extension got denied. He got a RFE in may 2007 to which he replied.
What are my options now? Can I stay here now? Can I work now? Can another employer file for my h1 extension now?
Please help.
Thank you.
I am working on H1B and filed for my extention in Mar 2007. My original H1B expired in Jun 2007 and filed for EAD/AP/485 on Jul 22 2007. Today my employer received that h1b extension got denied. He got a RFE in may 2007 to which he replied.
What are my options now? Can I stay here now? Can I work now? Can another employer file for my h1 extension now?
Please help.
Thank you.
grupak
08-15 02:08 PM
Congrats on your green. You have done so much for IV and community and it is great to know that your levels of commitment is still the same
Thanks. I need to figure out how to start a google group first I guess :)
IV members from Jackson MS, we need you since you are in the state Capitol.
Thanks. I need to figure out how to start a google group first I guess :)
IV members from Jackson MS, we need you since you are in the state Capitol.
lazycis
02-13 05:27 PM
If you want IV (immigrant visa), help IV (Immigration Voice)
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