saileshdude
08-26 03:20 PM
My I-140 and I-485 was filed concurrently in July 2004. I-140 was approved in October 2004 for EB3-India. In November 2006 I changed employers after I informed USCIS. We received notice in March 2007 to show another approved I-140 as my I-140 was revoked. My attorney replied invoking AC21 and stating that my I-140 remains valid. He attached my own letter informing them of employer change notiifcation as evidence.
On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.
Ok. First you need to find a good attorney like Ron Gotcher or Murthy. Do a few consults. Maybe with murthy herself ($250 or something). Also do consult with Ron Gotcher . I think that is for free. I know of at least murthy and Ron who have been successful in these kind of cases. They should be able to answer your question also regarding whether MTR going to the same office or not. Also if you can, make sure that your I-140 was approvable from the begining. I read a case as recent as yesterday on IV somewhere that if I-140 was not approvable from begining than it cannot be considered for porting purposes for AC21. I doubt that your case is similar but make sure about this.
Also try to find a litigation attorney who deal with immigration as well as filing lawsuit because if you cannot file MTR then this may be your only other option.
Also contact the IV people here as well as local senator and Ombudsman Office. I think all this collective effort should get you back on track.
On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.
Ok. First you need to find a good attorney like Ron Gotcher or Murthy. Do a few consults. Maybe with murthy herself ($250 or something). Also do consult with Ron Gotcher . I think that is for free. I know of at least murthy and Ron who have been successful in these kind of cases. They should be able to answer your question also regarding whether MTR going to the same office or not. Also if you can, make sure that your I-140 was approvable from the begining. I read a case as recent as yesterday on IV somewhere that if I-140 was not approvable from begining than it cannot be considered for porting purposes for AC21. I doubt that your case is similar but make sure about this.
Also try to find a litigation attorney who deal with immigration as well as filing lawsuit because if you cannot file MTR then this may be your only other option.
Also contact the IV people here as well as local senator and Ombudsman Office. I think all this collective effort should get you back on track.
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nashorn
08-12 03:25 AM
Have applied for 485, AP and EAD. By the way, what is the advantage of doing so?
chantu
06-20 02:48 PM
I used AP thrice and renewed my H1 twice after entering using AP without any issues.
Thanks
Now I have a question?
My H1 is valid till May 2010 but not stamped. I have AP with me. If I go to India and come back on AP, I will still be on H1 and can even extend beyond 2010. If this is valid, then I think I do not have to get my visa stamped. That will be cool.
Thanks
Now I have a question?
My H1 is valid till May 2010 but not stamped. I have AP with me. If I go to India and come back on AP, I will still be on H1 and can even extend beyond 2010. If this is valid, then I think I do not have to get my visa stamped. That will be cool.
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pappu
04-10 01:57 PM
Pappu,
I have updated my dates in profile. I really appreciate any information on EAD/AP changes from IV core team.
Thanks for updating the profile
We have asked for a multi year EAD and AP.
Until the rule comes out we have to continue to apply as per old rules and apply for a 1 year AP and EAD
The decision for OPT was made early probably due to the April1 H1B filings. We hope USCIS and Administration work on moving forward with multi year EAD and AP at the earliest and this issue is not buried under bureaucratic delays
I have updated my dates in profile. I really appreciate any information on EAD/AP changes from IV core team.
Thanks for updating the profile
We have asked for a multi year EAD and AP.
Until the rule comes out we have to continue to apply as per old rules and apply for a 1 year AP and EAD
The decision for OPT was made early probably due to the April1 H1B filings. We hope USCIS and Administration work on moving forward with multi year EAD and AP at the earliest and this issue is not buried under bureaucratic delays
more...
anilsal
07-10 12:29 AM
I am sure if there is media present at the location, they would want to talk to people from IV. So do your best, guys.
If possible meet some USCIS folks (if opportunities exist).
If possible meet some USCIS folks (if opportunities exist).
h1bdude1
03-23 03:53 PM
one more question Plz. Sorry for bugging.
I lost this Expired EAD card during moving and now i only have its Front copy which i am going to submit with my I-765 form.
will it be any problem submitting only front copy of the Previous EAD because they are requesting for both (Front and Back) of the Previous EAD.
thanks
h1bdude1
I think you mean once you are assigned a permanent A# ! It is assigned before a visa number is assigned.
A number series starting with 1 (eg. for OPT) are temporary. Those starting with 9 are permanent.
USCIS has a regular A# consolidation unit as well as a column to check for more than one A# on their internal worksheet for I-485.
Bottom-line: give your OPT A# and they will take care of the rest. This is what I did and worked.
I lost this Expired EAD card during moving and now i only have its Front copy which i am going to submit with my I-765 form.
will it be any problem submitting only front copy of the Previous EAD because they are requesting for both (Front and Back) of the Previous EAD.
thanks
h1bdude1
I think you mean once you are assigned a permanent A# ! It is assigned before a visa number is assigned.
A number series starting with 1 (eg. for OPT) are temporary. Those starting with 9 are permanent.
USCIS has a regular A# consolidation unit as well as a column to check for more than one A# on their internal worksheet for I-485.
Bottom-line: give your OPT A# and they will take care of the rest. This is what I did and worked.
more...
garybanz
01-14 05:29 PM
Assume my husband company doesn't want him to leave.
Then what you say.
When you said u had a good relationship does that mean, you talked to your employer before changing jobs.
Thanks
What does the employment contract between your husband and his employer say? This document will be the key to what your husband can or can't do.
Then what you say.
When you said u had a good relationship does that mean, you talked to your employer before changing jobs.
Thanks
What does the employment contract between your husband and his employer say? This document will be the key to what your husband can or can't do.
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srikondoji
12-17 05:07 PM
i was in coma. :D or may be i was off by one month :eek: or may be some bug entered my head and rewired my brain :cool:
more...
eb3retro
06-30 05:37 PM
eb3retro,
Did u change employers on EAD? or H1b transfer?
on EAD..
Also when you renewed EAD & AP:
1. Did you do it yourself? or did u have your new employer do it?
2. Did u get any RFE's when you renewed your EAD/AP well after you switched employers. (I assume you changed addresses in this process).
thx
1) did it myself..
2) yep i changed address, no rfes for anything..
Did u change employers on EAD? or H1b transfer?
on EAD..
Also when you renewed EAD & AP:
1. Did you do it yourself? or did u have your new employer do it?
2. Did u get any RFE's when you renewed your EAD/AP well after you switched employers. (I assume you changed addresses in this process).
thx
1) did it myself..
2) yep i changed address, no rfes for anything..
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uma001
07-20 05:26 PM
Hi,
Could you please advice for the below case.
Entered US on H4 in 2005, then got H1 approved in 2006. But was never on project with H1, hence no pay stubs. Currently H1 has expired and planning to go India for H4 stamping. Will there be any problems regarding the H1 period where there were no Paystubs?
Thanks
Most of these case I have heard have got H4 visa without any issues. You will do OK. Go for stamping.
Could you please advice for the below case.
Entered US on H4 in 2005, then got H1 approved in 2006. But was never on project with H1, hence no pay stubs. Currently H1 has expired and planning to go India for H4 stamping. Will there be any problems regarding the H1 period where there were no Paystubs?
Thanks
Most of these case I have heard have got H4 visa without any issues. You will do OK. Go for stamping.
more...
gc_chahiye
07-12 11:22 PM
5. All can apply as per the old bulletin
Already ruled out
why? I thought this was the consensus on the other thread atleast.
Already ruled out
why? I thought this was the consensus on the other thread atleast.
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subhasree
11-14 11:29 AM
Hi all,
This forum really helped me to think in right direction. I have same situation now. I have valid H1b ( starting Oct 1st 2007) and got EAD and AP. I did not start working yet. If I withdraw my H1b will it effect my AOS? I am a secondary applicant. My husband is still maintaining H1 status. Please advice.
Your reply will surely bring peace of mind to me.
Thanks
This forum really helped me to think in right direction. I have same situation now. I have valid H1b ( starting Oct 1st 2007) and got EAD and AP. I did not start working yet. If I withdraw my H1b will it effect my AOS? I am a secondary applicant. My husband is still maintaining H1 status. Please advice.
Your reply will surely bring peace of mind to me.
Thanks
more...
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edaltsis
10-19 08:19 PM
/\ Bump /\
Why this ^ BUMP ^ message? Is it to increase the number of posts and become a senior ?
Why this ^ BUMP ^ message? Is it to increase the number of posts and become a senior ?
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kriskris
07-18 05:29 PM
I have a feeling in my mind that i made some mistakes in the 485 application. I may be wrong also. My lawyer was so busy on June 29 and she asked me to fill out all the forms. I tried my best to make it as accurate as possible. My other concern is my lawyer applied for my I-140 on 6/17 and got the receipt date of 6/28 in the email. Now i am not sure whether my lawyer had included that e mail copy (Since we haven't got the receipt notice in the postal mail) with my 485 packet sent on the same day which had reached the USCIS on July 2.
Are they going to reject my application just in case if my lawyer had missed that I 140 receipt copy???????????? or are they going to accept the app and RFE. If anybody had faced the similar situation, please help me to deal with this.
Are they going to reject my application just in case if my lawyer had missed that I 140 receipt copy???????????? or are they going to accept the app and RFE. If anybody had faced the similar situation, please help me to deal with this.
more...
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cucubau
10-17 03:39 AM
It means you will be able to get your EAD in a few weeks, based on your ability to file for I-485. The real thing ... well it can take anywhere between 8-9 months to more than 3 years, depending on how quickly FBI completes your name check and how slow or fast the USCIS service center is.
Assuming I filed for I-485 before the retrogression mess.
Thanks!
Assuming I filed for I-485 before the retrogression mess.
Thanks!
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javadeveloper
10-21 10:54 PM
140 APPROVED.
In addition to the first RFE as above,i received one more RFE.In the second RFE they mentioned that education and experience satisfies labour,but wanted more documents from company to prove A2P.Company sent tax returns and got the approval in 6 days.Yet to receive the notice.
Good luck to all waiting for approval.
Congrats!!!Any Idea about minimum salary requirement for Eb2 position?
In addition to the first RFE as above,i received one more RFE.In the second RFE they mentioned that education and experience satisfies labour,but wanted more documents from company to prove A2P.Company sent tax returns and got the approval in 6 days.Yet to receive the notice.
Good luck to all waiting for approval.
Congrats!!!Any Idea about minimum salary requirement for Eb2 position?
more...
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mirage
04-20 01:37 PM
I have met the congressmen of my area, in person, have called senators of my state. I think singing and ringing can go hand in hand :) don't you sometime listen to music at work ?
---
Mirage: Thanks for sharing but it seems many others have the same CD. But I am no mood to listen to melancolic songs! Now is the time for action!
...
Please Stop singing the blues and START Ringing(calling) the congress reps.
---
Mirage: Thanks for sharing but it seems many others have the same CD. But I am no mood to listen to melancolic songs! Now is the time for action!
...
Please Stop singing the blues and START Ringing(calling) the congress reps.
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vikramy
09-22 01:30 PM
This is what given by my Attorney apart from your labor approval. Better double check..
FOR FORM I-140
Copies of each of the following are acceptable as long as you can provide the originals if the INS so requests.
1. Letters of previous experience detailing dates of employment, title, and duties. Each letter must be on that employer�s letterhead, dated, and signed. Each letter must be in line with the experience shown on Form ETA 750-B of the Labor Certification Application. This may not apply if the Form I-140 is being filed directly from an L-1A visa.
2. All degree certificates, and relevant marksheets.
3. All Forms W-2 from the sponsoring employer.
4. Latest 3 paychecks from the sponsoring employer.
5. All H-1 and H-4 approval notices.
6. Visa and identification pages from the principal alien�s passport, and each member of the family who will be migrating.
7. Latest Form I-94 copies (clear and must show the date and place) of last entry for each migrating member of the family.
8. Filing Fees. These vary and the exact amount will be told to you at the time of submission.
FOR FORM I-140
Copies of each of the following are acceptable as long as you can provide the originals if the INS so requests.
1. Letters of previous experience detailing dates of employment, title, and duties. Each letter must be on that employer�s letterhead, dated, and signed. Each letter must be in line with the experience shown on Form ETA 750-B of the Labor Certification Application. This may not apply if the Form I-140 is being filed directly from an L-1A visa.
2. All degree certificates, and relevant marksheets.
3. All Forms W-2 from the sponsoring employer.
4. Latest 3 paychecks from the sponsoring employer.
5. All H-1 and H-4 approval notices.
6. Visa and identification pages from the principal alien�s passport, and each member of the family who will be migrating.
7. Latest Form I-94 copies (clear and must show the date and place) of last entry for each migrating member of the family.
8. Filing Fees. These vary and the exact amount will be told to you at the time of submission.
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indianindian2006
08-28 01:53 PM
One of our IV members posted today that he got an internal mail from Fragomen that visa numbers for EB2 India and China are done as of Aug 21st.
Here is the link.
http://immigrationvoice.org/forum/showpost.php?p=283735&postcount=133
Here is the link.
http://immigrationvoice.org/forum/showpost.php?p=283735&postcount=133
moonrah
07-22 11:46 PM
Hi,
I am in unique situation and need help in decision making. I am on H1B and my labor is pending. My sixth year on H1B will start in three to four months. I do have couple of months of vacation that I can recover in six year of H1B.
My project ends in six months then I have been told that I have to leave the company and when I leave I will get good amount of money from my employer.
I might have other offer from some small (<100 employees) consulting company. My current employer is a giant (> 50,00) company.
I have two options:
1. Stick with my current company and take the money.
2. Switch to new employer right away and file new PERM.
My dilemma is:
With option 1, I might not have enough time at the end of my project to find new employer and file new PERM. Even if I find new employer, I might not have enough time on my H1B to extend it beyond six year. In, this case I will end up going back to my home country.
With option 2, my new PERM might be filed but I don�t know how reliable the company is as it is a body shopper and boast of no problem with the company. I also don�t know if I do H1B transfer will I get any kind of RFE? Will my PERM process face any issues? Will I get any stamping problems? How long my employment will last? And if I change to this employer, I will lose that good chunk of money.
Gurus, please help and advice with your experience. If anybody has experience transferring H1B from big company to a small company please share. Please share your recent experience with small consulting firm either ways.
I am in unique situation and need help in decision making. I am on H1B and my labor is pending. My sixth year on H1B will start in three to four months. I do have couple of months of vacation that I can recover in six year of H1B.
My project ends in six months then I have been told that I have to leave the company and when I leave I will get good amount of money from my employer.
I might have other offer from some small (<100 employees) consulting company. My current employer is a giant (> 50,00) company.
I have two options:
1. Stick with my current company and take the money.
2. Switch to new employer right away and file new PERM.
My dilemma is:
With option 1, I might not have enough time at the end of my project to find new employer and file new PERM. Even if I find new employer, I might not have enough time on my H1B to extend it beyond six year. In, this case I will end up going back to my home country.
With option 2, my new PERM might be filed but I don�t know how reliable the company is as it is a body shopper and boast of no problem with the company. I also don�t know if I do H1B transfer will I get any kind of RFE? Will my PERM process face any issues? Will I get any stamping problems? How long my employment will last? And if I change to this employer, I will lose that good chunk of money.
Gurus, please help and advice with your experience. If anybody has experience transferring H1B from big company to a small company please share. Please share your recent experience with small consulting firm either ways.
Aah_GC
06-25 06:21 PM
You are good to go. For your own satisfaction browse through some of the knowledge bank in this website and answers for similar queries.
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