texcan
02-13 02:41 PM
no replies? cant believe i am the only one in this situation :)
please fix your profile, it helps others and helps you get right answers too given everything is context sensitive.
I did contemplate not filing for AP and keeping h1 and infact planned to get stamping; but after long thoughts i let it go. I figured not filing AP is not worth the risk.
IMO you should get AP and then travel, you sure can go for h1 stamping.
HTH
please fix your profile, it helps others and helps you get right answers too given everything is context sensitive.
I did contemplate not filing for AP and keeping h1 and infact planned to get stamping; but after long thoughts i let it go. I figured not filing AP is not worth the risk.
IMO you should get AP and then travel, you sure can go for h1 stamping.
HTH
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gc28262
03-03 06:35 PM
Checkout this link
The Curse Of The FNU
http://binil.wordpress.com/2007/09/17/the-curse-of-the-fnu/
The Curse Of The FNU
http://binil.wordpress.com/2007/09/17/the-curse-of-the-fnu/
zxcvb
07-23 09:17 PM
If they reject the application if a signature or something is missing. Can we refile again? Or do we wait for PD to become current again.
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waitingimmigrant
11-09 11:05 PM
hi friends,
some time ago i contact my senator through this site
http://www.opencongress.org/bill/111-s1085/show
and wrote to him about plight of workers in limbo for years
if not decades ... following is response i recieved... request
all those stuck in GC limbo to contact their senators...
-----------------------------------------------------------------------------
U.S. immigration policy is based on four underlying principles: reunification of families, admissions of immigrants with needed skills, protection of refugees, and diversity of admission by country of origin. The Immigration and Nationality Act specifies priorities for permanent immigration using a complex set of numerical limits and preference categories. Immediate relatives, defined as spouses of citizens, children (under 21 years of age and unmarried) of citizens, and parents of citizens 21 years of age or older, have been given priority in the immigration process.
Senator Robert Menendez (D-NJ) introduced S.1085 on May 20, 2009. This legislation seeks to reduce current immigration backlogs by classifying lawful permanent resident (LPR) spouses and children as "immediate relatives." Currently, spouses and children of LPRs must obtain visas through the Family Second Preference category. This can lead to a waiting period of several years. Among other things, this bill would allow unused and unclaimed visas from 1992-2007 to be placed back in the pool of current available visas for families, and would establish a �roll over� system for unused and unclaimed visas in the future. This bill has been referred to the Senate Committee on the Judiciary, where it awaits further review.
I will continue to work with my colleagues in the Senate to craft effective solutions to address our nation�s immigration problems. I will keep your thoughts in mind should S.1085, or any similar legislation, come before me in the full Senate.
some time ago i contact my senator through this site
http://www.opencongress.org/bill/111-s1085/show
and wrote to him about plight of workers in limbo for years
if not decades ... following is response i recieved... request
all those stuck in GC limbo to contact their senators...
-----------------------------------------------------------------------------
U.S. immigration policy is based on four underlying principles: reunification of families, admissions of immigrants with needed skills, protection of refugees, and diversity of admission by country of origin. The Immigration and Nationality Act specifies priorities for permanent immigration using a complex set of numerical limits and preference categories. Immediate relatives, defined as spouses of citizens, children (under 21 years of age and unmarried) of citizens, and parents of citizens 21 years of age or older, have been given priority in the immigration process.
Senator Robert Menendez (D-NJ) introduced S.1085 on May 20, 2009. This legislation seeks to reduce current immigration backlogs by classifying lawful permanent resident (LPR) spouses and children as "immediate relatives." Currently, spouses and children of LPRs must obtain visas through the Family Second Preference category. This can lead to a waiting period of several years. Among other things, this bill would allow unused and unclaimed visas from 1992-2007 to be placed back in the pool of current available visas for families, and would establish a �roll over� system for unused and unclaimed visas in the future. This bill has been referred to the Senate Committee on the Judiciary, where it awaits further review.
I will continue to work with my colleagues in the Senate to craft effective solutions to address our nation�s immigration problems. I will keep your thoughts in mind should S.1085, or any similar legislation, come before me in the full Senate.
more...
BMS1
09-16 06:45 AM
Similar case
http://immigrationvoice.org/forum/showthread.php?t=1242
http://immigrationvoice.org/forum/showthread.php?t=1242
puvathoor
04-11 11:59 AM
I think if one is in hell, USCIS can hand deliver..
Heaven is another Story (storey?).. :-)
But as a recent believer in buddhist ideals, I think I will just be a cow in my next life..
That brings up a good point.. as a cow, it would be a bad life for me in USA.. India would be much better bet.. I would be worshipped and rarely eaten.. hmm.. Thinking ahead of the curve, I think I will apply for a "cow green card" for India.. Cows will be clamouring to get to India.. I will be mooing away soon..
Heaven is another Story (storey?).. :-)
But as a recent believer in buddhist ideals, I think I will just be a cow in my next life..
That brings up a good point.. as a cow, it would be a bad life for me in USA.. India would be much better bet.. I would be worshipped and rarely eaten.. hmm.. Thinking ahead of the curve, I think I will apply for a "cow green card" for India.. Cows will be clamouring to get to India.. I will be mooing away soon..
more...
graviyera
03-08 12:00 PM
You dont need transit visa if you are traveling thru frnankfurt (my 2 cents...just travelled in Lufthansa with expired visa but valid 797...no problems...however i heard it wld be a problem if it were United...so check with the airlines).....keep in mind that one might get stuck anywhere between 4 to 8 weeks if stuck in 221g administrative processing while getting stamping in India (in my case got passport and 797 in 23 days)....something to be aware of....my friend got stamping in india with only 6 months of 797 validity remaining....hope this helps
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lost_angeles
07-14 11:51 AM
Hello,
I am from India. My employer had applied for PERM EB2 labor while my old EB3 labor was still pending. My EB3 labor, with priority date of MAR 2005, was approved before July fiasco and I was able to apply for 485/EAD/AP/etc.
Last August (2007), my PERM labor was approved too; I had the chance to file a new I140 and request interfiling with my existing 485 application. But my lawyer suggested me not file a new I140 and we let the approved EB2 labor expire.
Now, I am having second thoughts, as I did then. Is there any way I can use the old expired labor (> 180 days after approval). I know I cannot use it directly to file I140, but are there any ancillary benefits of having an approved, albeit expired labor? I am thinking of either checking with my employer if they can file a new EB2 PERM labor if I qualify, or switching my jobs.
Thanks.
I am from India. My employer had applied for PERM EB2 labor while my old EB3 labor was still pending. My EB3 labor, with priority date of MAR 2005, was approved before July fiasco and I was able to apply for 485/EAD/AP/etc.
Last August (2007), my PERM labor was approved too; I had the chance to file a new I140 and request interfiling with my existing 485 application. But my lawyer suggested me not file a new I140 and we let the approved EB2 labor expire.
Now, I am having second thoughts, as I did then. Is there any way I can use the old expired labor (> 180 days after approval). I know I cannot use it directly to file I140, but are there any ancillary benefits of having an approved, albeit expired labor? I am thinking of either checking with my employer if they can file a new EB2 PERM labor if I qualify, or switching my jobs.
Thanks.
more...
nozerd
01-19 03:34 PM
Date when LC is filed if its in a category where LC is required. If its NIW or Scheduled A then PD is date I 140 is filed.
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sri_06
03-16 06:20 PM
Hi,
I just found out that my employer did not update the work location on my LCA. I have been working in new jersey for over 4 years now. I have my primary address as Indiana and my company is registered in Illinois. I got payroll on Illinois for 2 years and now NJ for 1 year.
How can i correct this? Is it too bad a problem already?
I just found out that my employer did not update the work location on my LCA. I have been working in new jersey for over 4 years now. I have my primary address as Indiana and my company is registered in Illinois. I got payroll on Illinois for 2 years and now NJ for 1 year.
How can i correct this? Is it too bad a problem already?
more...
immilaw
09-13 01:08 PM
Starting April 1st, only two Service Center are responsible for all the I-140's, Nebraska & Texas. All I-140's are filed with Nebraska Service Center. Nebraska keeps some of the petitoins and transfers the others to Texas. The ones that NSC keeps has a receipt number starting with LIN whereas the ones that are transfered to TX has the receipt number starting with SRC. So even though the petition might be filed with NSC, chances are it might be approved sonner if it goes to TXSC. Nebraska is taking 4-5 months to approve a petition whereas TX approves it in 15-25 days.
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neerajkandhari
05-23 09:19 PM
I am wondering how anybody can employ her without SSN
you can apply for SSN with ead card and approval notice
you can apply for SSN with ead card and approval notice
more...
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gcnirvana
02-19 06:17 PM
Another nail in the H1B Coffin :mad:
http://www.immigration-law.com/Canada.html
02/19/2009: H-1B Transfer Alert
* AILA has reported that it is the practice and policy of Vermont Service Center that if it receives a revocation letter from the current employer before it receives the transfer H-1B petition by a new employer, they deny the transfer petition because it is the VSC position that at the time the current employer revokes the current position, the H-1B alien immediately falls into a period of "unauthorized stay" in the U.S. This policy can push the transfer H-1B aliens into a tricky situation when the alien employees invoke AC 21 H-1B portability against the will of the current employer and the current employment contract requires 14-day advance resignation notice. It is thus imperative that the transfer H-1B employees should neither notify nor turn in the resignation before the new H-1B petition is "filed." Worse situation could be termination of H-1B employees by the current employer in a hostile environment. Since the current employer is likely to file the revocation (withdrawal) notice in the latter situation immediately, such H-1B alien can face a serious problem unless they are eligible for nun pro tunc H-1B filing.
http://www.immigration-law.com/Canada.html
02/19/2009: H-1B Transfer Alert
* AILA has reported that it is the practice and policy of Vermont Service Center that if it receives a revocation letter from the current employer before it receives the transfer H-1B petition by a new employer, they deny the transfer petition because it is the VSC position that at the time the current employer revokes the current position, the H-1B alien immediately falls into a period of "unauthorized stay" in the U.S. This policy can push the transfer H-1B aliens into a tricky situation when the alien employees invoke AC 21 H-1B portability against the will of the current employer and the current employment contract requires 14-day advance resignation notice. It is thus imperative that the transfer H-1B employees should neither notify nor turn in the resignation before the new H-1B petition is "filed." Worse situation could be termination of H-1B employees by the current employer in a hostile environment. Since the current employer is likely to file the revocation (withdrawal) notice in the latter situation immediately, such H-1B alien can face a serious problem unless they are eligible for nun pro tunc H-1B filing.
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fromnaija
12-16 12:10 PM
Dont we need to go to the home country for transfering from H4 to F1? Can we do it by staying in the US itself?
Thanks
No, you don't have to go out of the US. File I-539 including documents from school.
Thanks
No, you don't have to go out of the US. File I-539 including documents from school.
more...
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godbless
11-27 03:18 PM
I made an emergency appointment about a year ago to get my h1b stamped at new Delhi. To schedule such an appointment you would need the LIN# of your I-797 ( H1b approval notice ), your US residential and your employer information.
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h1bee
09-17 08:58 AM
My H1B was cancelled at the US consulate under 221g and I 797 not returned to me. I work for a consulting company at a major client. I guess the cancellation occurred because of Neufield memo, as in my case the client supervises my work. The reason given in the white letter to me says:
"your petitioner does not appear to be either willing or able to provide qualifying employment in the United States in accordance with appropriate laws and regulations"........"action on your case has been suspended and the I129 application will be returned to USCIS with the facts of your case presented at the time of interview".
What are my options now? I work through a vendor (i.e mycompany->vendor->client). My vendor has agreed to file for H1B on my behalf. Can they file for a new H1 or does this cancellation mean that I cannot apply anymore?
thanks
"your petitioner does not appear to be either willing or able to provide qualifying employment in the United States in accordance with appropriate laws and regulations"........"action on your case has been suspended and the I129 application will be returned to USCIS with the facts of your case presented at the time of interview".
What are my options now? I work through a vendor (i.e mycompany->vendor->client). My vendor has agreed to file for H1B on my behalf. Can they file for a new H1 or does this cancellation mean that I cannot apply anymore?
thanks
more...
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gc03
05-12 08:05 AM
The passage of the CIR in the Senate is reportedly almost assured. The question remains how much change we will see in the Senate's final bill. One of the agreements which the leaders of Republican and Democrat Senators reached as part of the deal involves the procedural matter that will allow "amendments" on the floor to the CIR proposal which the Senate almost passed when the Senators left for the Easter break in April, 2006. It is thus likely that there may be introduced a flurry of amendments on the floor and a fierce battle on these amendments. Accordingly, the liberal version of the Senate proposal may be substantially compromised before it is enacted into a law this year. We will see the first compromise in the Senate this month before the Senate passes its bill. The second compromise will take place during the Senate-House Conference Committee proceeding after May 2006. It is thus almost certain that the current CIR proposal in the Senate may be substantially toned down and compromised to accomodate the hawkish conservative Senators and members of the House.
Considering the fact that the Senate will procedurally open opportunities for the Senators to introduce amendments on the floor beginning from next week, this may be the last chance for the pro and con lobbysts to make their voices heard and reflected in the Senate's final bill. Such opportunity will include both legal and illegal immigration legislation in the CIR packet.
May be it's time for us(IV) to lobby Senators to incorporate IV Goals into Final CIR bill!
Considering the fact that the Senate will procedurally open opportunities for the Senators to introduce amendments on the floor beginning from next week, this may be the last chance for the pro and con lobbysts to make their voices heard and reflected in the Senate's final bill. Such opportunity will include both legal and illegal immigration legislation in the CIR packet.
May be it's time for us(IV) to lobby Senators to incorporate IV Goals into Final CIR bill!
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solaris27
01-30 08:42 AM
You can work on H1B visa till you get FINAL approval or denial.
Whats your attorney openion?
Whats your attorney openion?
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natrajs
04-02 01:52 PM
I see...so my 485 will be processed - it just won't be approved until the PD becomes current again?
If Everything set and once Your PD becomes current, Then you will hit the Lotto.
Hope the Best
If Everything set and once Your PD becomes current, Then you will hit the Lotto.
Hope the Best
p_kumar
07-20 01:27 PM
Sorry to post it here.I did not know how to create a thread.:o
Will this priority dates becoming current, affect the processing time of family based I-485?.my sis is a US citizen filing for my parents GC.It usually comes in 3 or 4 months but now ?????/
any replies are appreciated. :D
Will this priority dates becoming current, affect the processing time of family based I-485?.my sis is a US citizen filing for my parents GC.It usually comes in 3 or 4 months but now ?????/
any replies are appreciated. :D
MrWaitingGC
09-07 07:38 PM
There is no time limit of out of status.
Once you are out of a company you are out of status.
So make sure Company B at least files your case before 15th.
Once you are out of a company you are out of status.
So make sure Company B at least files your case before 15th.
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