Munna Bhai
02-08 11:32 AM
Hello,
My thread had wrong title and that created more problem, hope this title makes sense and please feel free to share your experience.
I know the following, I worked very hard for the current company and they pay me the way they pay any immigrant. Atlast got my I-140 approved and now I would like to go ahead with available options and at any cost I will protect I-140 from being revoked.
If I-140 is not revoked:
a)One can extend H1b through any company for 3-years.
b)One can get PD ported.
If I-140 is revoked:
a)It is a grey area but commen-sense says that one is out-of-status.
How to protect I-140 being revoked:
a)Transfer the case to your own attorney?? See that employer or employer's attorney has not much say on your case file??
b)Give some valid reason to current employer until your I-140 from other company is approved.
Or any other thoughts???
My thread had wrong title and that created more problem, hope this title makes sense and please feel free to share your experience.
I know the following, I worked very hard for the current company and they pay me the way they pay any immigrant. Atlast got my I-140 approved and now I would like to go ahead with available options and at any cost I will protect I-140 from being revoked.
If I-140 is not revoked:
a)One can extend H1b through any company for 3-years.
b)One can get PD ported.
If I-140 is revoked:
a)It is a grey area but commen-sense says that one is out-of-status.
How to protect I-140 being revoked:
a)Transfer the case to your own attorney?? See that employer or employer's attorney has not much say on your case file??
b)Give some valid reason to current employer until your I-140 from other company is approved.
Or any other thoughts???
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bfadlia
05-26 12:52 PM
I was in the same situation last month. I live in minnesota had 485 receipt from july 2007, EAD for myself but no EAD for wife, so i wished the 485 will do. DMV said the same crap that since 485 has no expiration date, they only accept 485 that is not older than 6 months old (with the wild assumption that any 485 is approved or denied within 6 months). I got infopass appointment with USCIS, got letter that my case is still pending, and they laughed in DMV saying they know my case is still pending, they have some kind of access to USCIS database. After a lot of arguing and going up to managers in DMV, they agreed to give me and wife 6 months driving license and told me you have to find another immigration document next time (meaning apply for EAD for urself and wife)
Sorry if this does not help you much.
Which DMV did you go to? My wife and son's H4's are expiring on June 4th and have pending I 485 since July 2007. They are not renewing the DL's based on the pending receipt of I 485 which they claim to be too old and need a new one.. Tried contacting USCIS but could not get through.. Can you pls. let me know which DMV did you go? How old is your pending I 485 and did you have to get a letter from USCIS? If yes, then how did u reach them and if you have any phone number for them..
Pls. advise..
Best...
Sorry if this does not help you much.
Which DMV did you go to? My wife and son's H4's are expiring on June 4th and have pending I 485 since July 2007. They are not renewing the DL's based on the pending receipt of I 485 which they claim to be too old and need a new one.. Tried contacting USCIS but could not get through.. Can you pls. let me know which DMV did you go? How old is your pending I 485 and did you have to get a letter from USCIS? If yes, then how did u reach them and if you have any phone number for them..
Pls. advise..
Best...
hydubadi
02-04 08:32 AM
I would suggest that you call the customer service number, since it is over 30 days, to find out what is going on.
I called customer service and was transfered to second level were I had to deal with a rude lady. I explained her my situation and her response was that, as its been 30 days it might have lost in mail and said, I have to apply for new AP with the fees again. i insisted to provide me with tracking number and asked for her manager for which she hanged out the phone on me. this how rude she was, it is such a shame on part of USCIS.
may be I will wait for more week and if it doesn't show up, will apply for new one. this is what you get for dealing with USCIS:mad:
I called customer service and was transfered to second level were I had to deal with a rude lady. I explained her my situation and her response was that, as its been 30 days it might have lost in mail and said, I have to apply for new AP with the fees again. i insisted to provide me with tracking number and asked for her manager for which she hanged out the phone on me. this how rude she was, it is such a shame on part of USCIS.
may be I will wait for more week and if it doesn't show up, will apply for new one. this is what you get for dealing with USCIS:mad:
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vamsi_poondla
01-18 02:39 PM
All the best....Floridans....hope you will write the letters this weekend without fail..We need to do this simple thing to show our strength.
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wandmaker
11-30 05:38 PM
I don't think USCIS will ask any questions if you are applying for a new H1 from a different company. You might have a problem if you are asking for a transfer as you have not uesd the current H1. Before coming to US, I had 3 H1Bs done by 3 different companies(in the span of 3 years). I used the last one and I had no problem. Actually I had the first H1 stamped and never used it. When I went for the 2nd stamping(before actually coming to US), they just cancelled the first one on my passport. Again, this was between 97 and 99, if things have changed now, I have no idea. I still did not get my GC either (10th year on H1B) so I don't know if that is going to be an issue in future.
Yes, it is still true.
Yes, it is still true.
ramaa
06-23 06:19 AM
Could you please provide your input on this . Thank You.
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soni7007
09-15 04:18 PM
Can you present this idea to pappu, Administrator and gsc999 via private message, please?
I do like the idea and if it has the support of IV Core, we should implement it. Please present to them so that we can have their direction.
Thanks,
Nola
Yes, i will definitely do that.
I do like the idea and if it has the support of IV Core, we should implement it. Please present to them so that we can have their direction.
Thanks,
Nola
Yes, i will definitely do that.
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chunky
07-27 08:49 AM
Can we leave country and apply for H4 visa at US embassy.
Will I 485 be abandoned with it.
Thanks
To travel out of the US when a 485 is pending,
1. You should have AP or
2. A valid H-1, H-4 or L-1, L-2 stamp on the passport + 485 receipt
So in your case, you have to wait until you either get the AP or the H-4 change is effective. Until then, you cannot travel.
Will I 485 be abandoned with it.
Thanks
To travel out of the US when a 485 is pending,
1. You should have AP or
2. A valid H-1, H-4 or L-1, L-2 stamp on the passport + 485 receipt
So in your case, you have to wait until you either get the AP or the H-4 change is effective. Until then, you cannot travel.
more...
kumar07
09-16 08:59 AM
Hi Sandy,
Since I already have the h1b approval for this year, I guess there is no issue regarding any "fraud" involved or else they might have denied it in first place. Is it correct?
I will be working on internal project at company office location. So i believe I need the proper project description document to support my case. Without that, VO will again issue me 221g asking the same. So is it right to carry the full project report (around 30-50 pages) in first interview itself?
Thanks.
Since I already have the h1b approval for this year, I guess there is no issue regarding any "fraud" involved or else they might have denied it in first place. Is it correct?
I will be working on internal project at company office location. So i believe I need the proper project description document to support my case. Without that, VO will again issue me 221g asking the same. So is it right to carry the full project report (around 30-50 pages) in first interview itself?
Thanks.
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GCwaitforever
06-19 05:37 PM
What?!
Translation: What is happening to young people nowadays?
Translation: What is happening to young people nowadays?
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GcInLimbo
11-17 11:38 AM
Me and my wife both got notice from USCIS with intent to deny citing evidence of continued leagal immigration. Attached the scanned copy removing personal information.[
The mentioned period in the letter that is requesting evidence is the time I applied for H1B renewal. The application had an RFE and we were waiting on response from my employer. My employer replied to the RFE and it was sent to local processing center for further processing. Meanwhile on July 2007, I applied I-485 when they are current which puts us in AOS as the H1B was still pending approval from USCIS. I read some where that you can not stay in U.S with H1B renewal pending beyond 240 days from your previous H1B expiration date. So I applied another H1B with a different company before the 240 days and got that H1B approved after two months of applying.
I am sure I didnt break any rule or stayed illegally during that period as my H1B was pending and moved on to a different company after appying I -485. My previous employer have no issue to continue to support my GC processing.
Where do I stand with regards to this notice? What are my options and how to approach this problem, so that the IO doesn't get confused and deny the application.
I am sure I will go through my lawyer but want to get first hand information and have a clear picture on the path to follow from experienced people here.
I tried to attach the attachment but its failing.
Thanks
The mentioned period in the letter that is requesting evidence is the time I applied for H1B renewal. The application had an RFE and we were waiting on response from my employer. My employer replied to the RFE and it was sent to local processing center for further processing. Meanwhile on July 2007, I applied I-485 when they are current which puts us in AOS as the H1B was still pending approval from USCIS. I read some where that you can not stay in U.S with H1B renewal pending beyond 240 days from your previous H1B expiration date. So I applied another H1B with a different company before the 240 days and got that H1B approved after two months of applying.
I am sure I didnt break any rule or stayed illegally during that period as my H1B was pending and moved on to a different company after appying I -485. My previous employer have no issue to continue to support my GC processing.
Where do I stand with regards to this notice? What are my options and how to approach this problem, so that the IO doesn't get confused and deny the application.
I am sure I will go through my lawyer but want to get first hand information and have a clear picture on the path to follow from experienced people here.
I tried to attach the attachment but its failing.
Thanks
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map_boiler
04-26 05:45 PM
The company HR or lawyer/paralegal should be able to login to the DOL website and check the case status. Since the case is pending for more than 6 months, you could have your lawyer submit an inquiry through AILA.
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conchshell
07-12 02:51 PM
RNGC, nice writeup but if (yes if) we want to take the lawsuite route, first we need to identify all those grounds on which we can file the law suite. Afterwards we need to get those grounds validated by an attorney who specializes in filing these types of law suite (not the usual immigration attorneys). Usually a law suite is considered a last resort, but there is no harm in preparing for it. Why don't you take a leadership role on this front?
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USDream2Dust
07-27 01:20 PM
I am liking the answers. Also looks like my PD is sept 2006 and it would be a while before they approve my case. Meaning I can take off for couple of month go on vacation, come back, look for job, find a decent job and start working.
when in far future they approve me I need a letter from my new employer stating that I am working (not from original employer right?)
when in far future they approve me I need a letter from my new employer stating that I am working (not from original employer right?)
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gc_maine2
05-24 08:36 AM
Good job Salil. Keep up the good work.
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san3297
11-12 09:50 AM
I am waiting for transcripts from india. Once i get them i will post them along with original certificates and fedex return envelope. Will keep posting updates regards to this.
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EndlessWait
01-10 04:45 PM
So, this would mean anyone stuck in name check should never receive FP--correct? I don't think that's the case...i know of a lot of people who get FP notices every 15 (or is it 18?) months or so and are stuck in name checks forever.
The two processes Name check & FP are parallel, not sequential.
I have myself not rcvd FP - July 2nd filer NSC-CSC-NSC transfer victim :-). My way of looking at things is that CSC transferred I-485 to NSC in late September. So my I-485 is queued after an August 17th filer. August 17th filers have rcvd their FPs recently (Bay Area, CA), so it should not be that far away. (BTW, I am not dying to get FP done, i just want to shorten my stay-alert-for-FP window and get it over with it)
USCIS works in strange ways...i may be using logic that's beyond their IQ :)
Take it easy...
just exactly what ur case status says ...mine hasn't changed ever since it transferred to nebraska..it still says "the case has been transferred to NSC becoz they've jurisdiction over it etc. etc '
thanks
The two processes Name check & FP are parallel, not sequential.
I have myself not rcvd FP - July 2nd filer NSC-CSC-NSC transfer victim :-). My way of looking at things is that CSC transferred I-485 to NSC in late September. So my I-485 is queued after an August 17th filer. August 17th filers have rcvd their FPs recently (Bay Area, CA), so it should not be that far away. (BTW, I am not dying to get FP done, i just want to shorten my stay-alert-for-FP window and get it over with it)
USCIS works in strange ways...i may be using logic that's beyond their IQ :)
Take it easy...
just exactly what ur case status says ...mine hasn't changed ever since it transferred to nebraska..it still says "the case has been transferred to NSC becoz they've jurisdiction over it etc. etc '
thanks
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slc_ut
01-16 10:38 PM
Hello,
To issue an Individual Taxpayer Identification Number (ITIN) for an H4 visa holder, the local IRS office is asking Indian passport and Indian birth certificate. It is difficult to get birth certificate in India because the birth was never registered. Is it OK to submit the affidavit given by parents (the kind usually used for immigration needs), instead of the birth certificate, to get the ITIN number. If anyone got their ITIN number by using such affidavit given by parents, please post your reply. Thanks in advance.
slc_ut
To issue an Individual Taxpayer Identification Number (ITIN) for an H4 visa holder, the local IRS office is asking Indian passport and Indian birth certificate. It is difficult to get birth certificate in India because the birth was never registered. Is it OK to submit the affidavit given by parents (the kind usually used for immigration needs), instead of the birth certificate, to get the ITIN number. If anyone got their ITIN number by using such affidavit given by parents, please post your reply. Thanks in advance.
slc_ut
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gsc999
01-19 02:35 PM
Bump
crystal
06-15 03:33 PM
My wife has changed her status from H4 to F1 in last
year. She will be on F1-studies till July mid
of this year. Few weeks back she got her EAD for her
F1-OPT, which will start on Aug 15 of this year.
As I am going to file AOS for her and also EAD, will
she able to work on her OPT-EAD till she gets her
I-485 EAD? Or She need to wait till she gets her
I-485 EAD to work?
As far as I know she need to wait till she gets her EAD of 485.
I sent a mail to lawyer he did not respond yet.
She is going to meet her international advisor on this sometime next week
, but he does not seem to be an expert in this area.
any ideas on this one?
year. She will be on F1-studies till July mid
of this year. Few weeks back she got her EAD for her
F1-OPT, which will start on Aug 15 of this year.
As I am going to file AOS for her and also EAD, will
she able to work on her OPT-EAD till she gets her
I-485 EAD? Or She need to wait till she gets her
I-485 EAD to work?
As far as I know she need to wait till she gets her EAD of 485.
I sent a mail to lawyer he did not respond yet.
She is going to meet her international advisor on this sometime next week
, but he does not seem to be an expert in this area.
any ideas on this one?
redgreen
06-21 07:28 PM
So much of misinformation by many 'legal advisors'!
Please note that:
1. Unemployment benefits is not a public charge.
2. For getting unemployment benefits one need not be a citizen/permanent resident.
3. You don't acquire illegal stay if you have a valid I-485 pending.
Please read relevant FAQs at the USCIS webpage.
Don't rely on advices from ignorants who try to scare people!
Please note that:
1. Unemployment benefits is not a public charge.
2. For getting unemployment benefits one need not be a citizen/permanent resident.
3. You don't acquire illegal stay if you have a valid I-485 pending.
Please read relevant FAQs at the USCIS webpage.
Don't rely on advices from ignorants who try to scare people!
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