r_mistry
07-23 09:29 AM
Hello Everybody,
This is my story,
1 - Came to US on B2 (visit visa) in October, 1999. My legal stay way valid till April, 2000
2- Found an employer and in March, 2000 filed for H1B/extension of stay. Lawyer at the time told me that since we filed H1 i don't need to file any other extension of stay
3- August, 2000 received approval notice of my H1 but approval notice mentioned start date of October, 2000 rather than March, 2000 as requested in the petition and approval notice did not have the I-94 card attached with it meaning they did not change my status. Appealed the decision and got some feedback from USCIS that they will look into this. Started working for the company in October, 2000. In January, 2001 Company received another notification from USCIS but I was never provided the copy so not sure what was the decision and was told all is fine but never provided the final approval notice. When i checked case status back in January 2001 it said case approved and approval notice sent. However when I check online case status now I see following,
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Cable sent to American Consulate or port of entry notifying them of approval.
On September 7, 2001, the appropriate American Consulate or port of entry was notified of the approval of this case. Please contact them directly if you need more information.
4 - In 2002 transferred my H1 to new company and got the approval with new I-94 card without any issues.
5- In 2004 transferred my H1 to another company without any issues and I�m with that company since then. They filed my labor, I-140 which has been approved and now ready to file I-485. Lawyer of this company wants to attach the approval notice of my first H1 from 2000 with I-94 card attached to it showing proof of my change of status which i don't have. I have approval notice without I-94 card from 2000.
6- I also left the country in 2006 and went to Canada for two weeks and then came back in the same month without any issues.
Current lawyer is fling I-485 without my first approval notice from 2000. Do you think this would cause issues or generate RFE for I-485? I heard that once you leave the country and re-enter legally all previous status issues if any are put to rest, I left the country in July 2006 and re-enter in the same month?
Please provide your input on my case...many thanks!!!
This is my story,
1 - Came to US on B2 (visit visa) in October, 1999. My legal stay way valid till April, 2000
2- Found an employer and in March, 2000 filed for H1B/extension of stay. Lawyer at the time told me that since we filed H1 i don't need to file any other extension of stay
3- August, 2000 received approval notice of my H1 but approval notice mentioned start date of October, 2000 rather than March, 2000 as requested in the petition and approval notice did not have the I-94 card attached with it meaning they did not change my status. Appealed the decision and got some feedback from USCIS that they will look into this. Started working for the company in October, 2000. In January, 2001 Company received another notification from USCIS but I was never provided the copy so not sure what was the decision and was told all is fine but never provided the final approval notice. When i checked case status back in January 2001 it said case approved and approval notice sent. However when I check online case status now I see following,
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Cable sent to American Consulate or port of entry notifying them of approval.
On September 7, 2001, the appropriate American Consulate or port of entry was notified of the approval of this case. Please contact them directly if you need more information.
4 - In 2002 transferred my H1 to new company and got the approval with new I-94 card without any issues.
5- In 2004 transferred my H1 to another company without any issues and I�m with that company since then. They filed my labor, I-140 which has been approved and now ready to file I-485. Lawyer of this company wants to attach the approval notice of my first H1 from 2000 with I-94 card attached to it showing proof of my change of status which i don't have. I have approval notice without I-94 card from 2000.
6- I also left the country in 2006 and went to Canada for two weeks and then came back in the same month without any issues.
Current lawyer is fling I-485 without my first approval notice from 2000. Do you think this would cause issues or generate RFE for I-485? I heard that once you leave the country and re-enter legally all previous status issues if any are put to rest, I left the country in July 2006 and re-enter in the same month?
Please provide your input on my case...many thanks!!!
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leonimish
04-26 08:45 PM
Hi,
I am a B. Com, M. Com (1 yr) and CA from India, CPA (USA) with more than 12 yrs exp in accounting industry, including 7 yrs of post qualification (after CA) exp. - But even after all these qualifications, I was suggested by a leading law firm that I will not qualify under EB2 :mad: :mad: !!!!
If the position required a bachelors degree then you have problem !!!! What he (lawyers asst) said that you either need 4 yrs single degree or 3+3 yrs degree to qualify for EB2. He specifically said that 3+2 yrs degrees or 3+1 yrs (as in my case) does not qualify for EB2.
I have not yet filed GC yet though.
Hope this helps.....
I am a B. Com, M. Com (1 yr) and CA from India, CPA (USA) with more than 12 yrs exp in accounting industry, including 7 yrs of post qualification (after CA) exp. - But even after all these qualifications, I was suggested by a leading law firm that I will not qualify under EB2 :mad: :mad: !!!!
If the position required a bachelors degree then you have problem !!!! What he (lawyers asst) said that you either need 4 yrs single degree or 3+3 yrs degree to qualify for EB2. He specifically said that 3+2 yrs degrees or 3+1 yrs (as in my case) does not qualify for EB2.
I have not yet filed GC yet though.
Hope this helps.....
alias
03-02 12:54 PM
anad you open another thread ....
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optimist578
04-20 03:11 PM
Hi,
I have my I-140 application (regular) still pending with USCIS when I got laid off. I don't stand a chance of asking my ex-employer to file a premium processing I-140, who has already agreed not to revoke anything.
Now I am looking for a new employer who will be willing to sponsor my H1B and GC. Has anybody experienced such a situation?
I am on my 9th year of H1B with PD Mar 2003 (EB3).
Thanks.
I have my I-140 application (regular) still pending with USCIS when I got laid off. I don't stand a chance of asking my ex-employer to file a premium processing I-140, who has already agreed not to revoke anything.
Now I am looking for a new employer who will be willing to sponsor my H1B and GC. Has anybody experienced such a situation?
I am on my 9th year of H1B with PD Mar 2003 (EB3).
Thanks.
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BostonGCVictim
04-07 03:09 PM
This for supporting illegal immigrant causes. Supporting this is entirely upto you based on your beliefs but our issues as legal immigrants is not going to be addressed by them
nhfirefighter13
June 20th, 2004, 10:18 AM
I need to hand in three photos for my final this week.
These are them. Let me have it. :)
These are them. Let me have it. :)
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krish420
08-14 10:05 AM
For my marriage, I applied for her appointment at the consulate on L2. The date was set such that we would have our marriage certificate by then. When she went for the interview, she showed them the marriage certificate, and got the L2 approved.
If she is planning to change her name, then it gets complicated as she can only fix an appointment at the consulate after updating her name, passport, marriage certificate etc etc etc
If she is planning to change her name, then it gets complicated as she can only fix an appointment at the consulate after updating her name, passport, marriage certificate etc etc etc
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tharu
06-29 11:09 PM
Mr Sauer:
Thank you so much for your response. Need a litle clarification on I-824. Can I file I-824 before my I-485 gets approved? If so, how can i request alternate chargeability to my spouse's country with out her I-485?
If not what is the best way to claim alterate chargeability to my Spouse country of birth. Gues I have to bring bring my family on H4 and submit I-485 in US or switch to consular processsing. Is there any other possible way other than these 2 procedures?
Regards
Thank you so much for your response. Need a litle clarification on I-824. Can I file I-824 before my I-485 gets approved? If so, how can i request alternate chargeability to my spouse's country with out her I-485?
If not what is the best way to claim alterate chargeability to my Spouse country of birth. Gues I have to bring bring my family on H4 and submit I-485 in US or switch to consular processsing. Is there any other possible way other than these 2 procedures?
Regards
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eb3_nepa
06-08 12:41 PM
:p maybe 2020, i am sure my PD will become current the day i buy tickets to return:D
Then buy those tickets already!! ;)
Then buy those tickets already!! ;)
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lj_rr
07-17 09:26 PM
So how abt I-765 and I-131 forms which will be submitted with 485.
If I submit on August 5th, do I need to pay old fees or new fees for the I-765 and I-131 .
All other forms except i-485 the fee increase will be effective from july 30th and i-485 will get increased post August 17th:)
If I submit on August 5th, do I need to pay old fees or new fees for the I-765 and I-131 .
All other forms except i-485 the fee increase will be effective from july 30th and i-485 will get increased post August 17th:)
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h1bdude1
03-26 11:10 AM
Do i also need chest X-Ray Report to submit with I-693 ??
Just check if the physician fills out the I-693 form without errors and signs it appropriately.
Just check if the physician fills out the I-693 form without errors and signs it appropriately.
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bestin
10-05 03:19 PM
ARE YOU THE SAME ONE WHO MISSED SENDING YOUR WIFE'S PACKAGE!!!!!AND NOW YOU ARE GOING TO INDIA FOR YOUR MARRIAGE!!!
Dear All,
I got a labor substitution and filed for my I-140 and I-485 concurrently. Today was the last day to send the documents and some paperwork was missing for my wife! I missed sending the package!
Now how should i proceed?? My wife is on H1-B currently. Any ideas??
My priority date is 25 jan 05 - eb2.
Thanks,
KK.
Probably the current post is by his wife.probably she divorced him for being careless in sending her papers:D
Dear All,
I got a labor substitution and filed for my I-140 and I-485 concurrently. Today was the last day to send the documents and some paperwork was missing for my wife! I missed sending the package!
Now how should i proceed?? My wife is on H1-B currently. Any ideas??
My priority date is 25 jan 05 - eb2.
Thanks,
KK.
Probably the current post is by his wife.probably she divorced him for being careless in sending her papers:D
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bhlpimmi
10-08 10:41 PM
Thanks for starting this thread, its unlucky and frustu..
9/15/07(RND),missing i-140(reason),uscis fault,9/26/07(resubmitted),no response,waiting for action from uscis
9/15/07(RND),missing i-140(reason),uscis fault,9/26/07(resubmitted),no response,waiting for action from uscis
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Lasantha
12-05 08:27 AM
As far as I know, you should meet the requirements as of the priority date of the LC, not when the LC is switched. You may want to consult a good attorney on this one.
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austingc
04-30 03:05 PM
Given the situation for 485 denial. AFAIK, You have an option of filing for H1B (not counted against quota) based on your B's labor approval and pending 140. Once you use the EAD, technically you don't have the H1B status to transfer or extend. Hence, it will require you to go to consulate (b/c approval will come without I94) to stamp, and start working for Company B after you return.
thank you wandmaker.
thank you wandmaker.
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kumar_77
03-03 09:45 AM
Hello ,
My company file my H1B 3 years back , (from F1-H1), now i have to extend my H1B1 , and my company HR is having a doubt about the fees involeved .
I am sure i have to pay
190 $ - H1 Fees
500 $ - DHS fees
i am not sure if i need to pay 750$ or 1500$ Data collection fees , please suggest .
I 129 application says " if same company filing for , second extension of stay , this fees need not be payed " please advise
kumar
My company file my H1B 3 years back , (from F1-H1), now i have to extend my H1B1 , and my company HR is having a doubt about the fees involeved .
I am sure i have to pay
190 $ - H1 Fees
500 $ - DHS fees
i am not sure if i need to pay 750$ or 1500$ Data collection fees , please suggest .
I 129 application says " if same company filing for , second extension of stay , this fees need not be payed " please advise
kumar
more...
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illusions
03-17 05:06 PM
but but you will still need to wait for 9+ months to get your new 140 approved right?
But would waiting an aprrox 9 months matter if the dates are current ? Else i see your point that it is another wait.... it all depends on the timing and a bit of luck i guess.
vinabath, i think you might be right about BS+5, all i have is BS+4. So if i wait for another 8~9 months, get 5 full years, move to EB2, then wait another 8~9 months for I140.... by that time i'll prolly be current in EB3 ROW (PD Jun 2006) :confused:
But would waiting an aprrox 9 months matter if the dates are current ? Else i see your point that it is another wait.... it all depends on the timing and a bit of luck i guess.
vinabath, i think you might be right about BS+5, all i have is BS+4. So if i wait for another 8~9 months, get 5 full years, move to EB2, then wait another 8~9 months for I140.... by that time i'll prolly be current in EB3 ROW (PD Jun 2006) :confused:
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Calouste
08-02 02:05 PM
I heard on Lou Dobbs yesterday they are going to introduce this bill after Aug Vacation.
But I couldn't catch all info about it. Did anybody watch entire conversation?
http://transcripts.cnn.com/TRANSCRIPTS/0708/01/ldt.01.html
But I couldn't catch all info about it. Did anybody watch entire conversation?
http://transcripts.cnn.com/TRANSCRIPTS/0708/01/ldt.01.html
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giveme_gc
10-17 02:58 PM
I went back and forth with the school for 2 months and finally got the aid. Note : school aid authorities have no clue what EAD or 485 means. You have to show all the papers and prove that you are eligible. Are you technically a parolee as well ? If yes , then you are eligible.
nashim
06-15 01:55 PM
If your case was filed successfully then USCIS will send you receipt notice and biometrics appointment notice with in a week.
gc28262
07-26 01:08 AM
Hi
Which part of address change trigger RFE
1) Submitting AR11
OR
2) Changing address for pending 485.
Will any one at USCIS does anything/do processing/look into it, if you just submit AR11.
Thanks
Address change does not trigger an RFE all the time.
I changed my address recently. Had soft LUD on my I-1485 but no RFE.
Which part of address change trigger RFE
1) Submitting AR11
OR
2) Changing address for pending 485.
Will any one at USCIS does anything/do processing/look into it, if you just submit AR11.
Thanks
Address change does not trigger an RFE all the time.
I changed my address recently. Had soft LUD on my I-1485 but no RFE.
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