kothuri
06-09 11:35 AM
Get a good lawyer and ask them to file a Nunc Pro Tunc. Since you are under 6 months it shouldn't be a big deal.
-Sri
-Sri
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gg_ny
04-21 11:47 AM
http://hammondlawgroup.blogspot.com/
Putting this all together HLG is slightly raising our latest estimate. We�re willing to print that there is a 60% chance that either CIR or Bridge legislation is passed and signed by the President by August 1. Whenever a bill is passed it will likley take an additional 30-60 days before the first visas are issued.
Does anyone remember/know what HLG was willing to print about the CIR's chances last time over (in 2006)?
Putting this all together HLG is slightly raising our latest estimate. We�re willing to print that there is a 60% chance that either CIR or Bridge legislation is passed and signed by the President by August 1. Whenever a bill is passed it will likley take an additional 30-60 days before the first visas are issued.
Does anyone remember/know what HLG was willing to print about the CIR's chances last time over (in 2006)?
bbenhill
10-12 06:20 PM
Hi, I have another question regarding I-94. My last I-94 is from H1B approval, the previous I-94 was from airport (and expired as well, issued : 2006).
Today, I got answer from my attorney office that I will need to surrender my previous I94 (from airport not from H1B approval).
I found this confusing, here are the questions :
1. what happened if I surrender airport I-94 ? will USCIS assume I am out ouf status for a couple of years ?
2. which one that I need to surrender ? is it from airport or H1B approval ?
Please advice ... I am really confuse with this immigration things ..
Regards,
You need to always hand over your I94; whether it is expired or not. When you re-enter into this country you will be issued I94 based on either your h1b or AP or what ever visa you might have that is effective at the time ...
Today, I got answer from my attorney office that I will need to surrender my previous I94 (from airport not from H1B approval).
I found this confusing, here are the questions :
1. what happened if I surrender airport I-94 ? will USCIS assume I am out ouf status for a couple of years ?
2. which one that I need to surrender ? is it from airport or H1B approval ?
Please advice ... I am really confuse with this immigration things ..
Regards,
You need to always hand over your I94; whether it is expired or not. When you re-enter into this country you will be issued I94 based on either your h1b or AP or what ever visa you might have that is effective at the time ...
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kasanski33
02-23 08:44 PM
I will be there
more...
spicy_guy
10-21 06:42 PM
I am not a Lawyer, just advising based on my knowledge / experience:
You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.
The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).
The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).
The new employer is not required to prove ability to pay.
There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.
You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.
And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).
Hopefully this is helpful!
Just curious! I think with the new job one can start EB2 Process and port the existing PD. right?
You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.
The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).
The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).
The new employer is not required to prove ability to pay.
There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.
You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.
And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).
Hopefully this is helpful!
Just curious! I think with the new job one can start EB2 Process and port the existing PD. right?
bheemi
04-03 10:12 AM
I and 4 other frinds sent webfaxes...
thanks
thanks
more...
GreeNever
02-08 04:33 PM
Hi eb3_nepa,
I share your views. It's just that 'venting it out' at times may not amount to a total undermining of the merit involved, much as it seems that way. This is not to justify this either. Let's take some 'retro-bothered' views in our stride and brush under the carpet anything that is not meant to be..
It is with the intention of intellectually engaging a promising office that I had proposed we do the above. If this leads to something concrete it will bring smiles - else, no hard feelings..we are either mature or inured to. It's one of those efforts.
Take it easy, folks and BE PROUD OF ALL YOUR EFFORTS. Hey, at the end of it..we all played!
Keep up the spirit! ..we all love our motherland , as also the land that we want to grow on ...
I share your views. It's just that 'venting it out' at times may not amount to a total undermining of the merit involved, much as it seems that way. This is not to justify this either. Let's take some 'retro-bothered' views in our stride and brush under the carpet anything that is not meant to be..
It is with the intention of intellectually engaging a promising office that I had proposed we do the above. If this leads to something concrete it will bring smiles - else, no hard feelings..we are either mature or inured to. It's one of those efforts.
Take it easy, folks and BE PROUD OF ALL YOUR EFFORTS. Hey, at the end of it..we all played!
Keep up the spirit! ..we all love our motherland , as also the land that we want to grow on ...
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Pallavi79
02-21 08:49 AM
I have one ing savings account and one Bank of America account. I do automatic transfer between these accounts penny per month. that should keep my accounts active.
If I do not get job in another one,two months, I have to pack my bags.
If I do not get job in another one,two months, I have to pack my bags.
more...
Dhundhun
06-11 09:10 PM
I E-filed my EAD application and sent the supporting documentation to the location on the confirmation page. To day I see the following notice:
"We attempted to deliver your item at 1:51 PM on June 11, 2008 in MESQUITE, TX 75185 and a notice was left. It can be redelivered or picked up at the Post Office. If the item is unclaimed, it will be returned to the sender. Information, if available, is updated every evening. Please check again later."
Is there something I can do to resolve this?
I sent the application to the following address:
USCIS TEXAS SERVICE CENTER
Atten: E-File I-765 PO BOX: 852401
MESQUITE, TX 75185
How did you sent it? If USPS, PO BOX is supposed to be in their premesis and supposed to be always deliverable.
Is it like Box was FULL? I think, this message is by mistake. BTW, are not we supposed to use full nine digit ZIP 75185-2401
"We attempted to deliver your item at 1:51 PM on June 11, 2008 in MESQUITE, TX 75185 and a notice was left. It can be redelivered or picked up at the Post Office. If the item is unclaimed, it will be returned to the sender. Information, if available, is updated every evening. Please check again later."
Is there something I can do to resolve this?
I sent the application to the following address:
USCIS TEXAS SERVICE CENTER
Atten: E-File I-765 PO BOX: 852401
MESQUITE, TX 75185
How did you sent it? If USPS, PO BOX is supposed to be in their premesis and supposed to be always deliverable.
Is it like Box was FULL? I think, this message is by mistake. BTW, are not we supposed to use full nine digit ZIP 75185-2401
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seekerofpeace
09-05 12:01 AM
I saw in one of the threads : someone's CPO welcome status changed to "Approval notice sent" after couple of days....
Strange r the ways of USCIS
SoP
Strange r the ways of USCIS
SoP
more...
hebbar77
08-09 06:00 PM
Don't you know? they hate each other. If TSC does somethin NSC will do the opposite. That makes for nice coffee room gossip...
All these folks have only one finger - the middle one... And that leads to a lot of miscommunications even if unintended!!! :D
This thread is mighty funny!!!.
All these folks have only one finger - the middle one... And that leads to a lot of miscommunications even if unintended!!! :D
This thread is mighty funny!!!.
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thesparky007
04-16 10:10 AM
thanks for the comments guys and dean
i dont get waht your argument is about
i dont get waht your argument is about
more...
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mittal_a
06-26 09:59 AM
I recently applied for EAD renewal and after three weeks of that I saw LUD changed on my 485 apllication for consequetive two days. Any Idea why ?
By the way my case is ACT 21 ( 485 filed on 2007 july) and my priority day is not even close to be current.
Any suggestions will be appreciated ?
Thanks
By the way my case is ACT 21 ( 485 filed on 2007 july) and my priority day is not even close to be current.
Any suggestions will be appreciated ?
Thanks
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pkd666
04-07 04:41 PM
To be very clear what I�m saying below is what I heard from a friend. I do not have a first hand knowledge
My friend�s neighbor works full time for BOfA and went visiting to India in March and went to the Consulate in Hyd for stamping, his stamping was rejected with a reason that his H1 was sponsored by a TARP funded company. Now if this is true this could just be becasue at that point USCIS had not come out with its TARP guidelines and the situation now may be different. My friend knows this because the victim here called him to take care of his belongings in the APT etc..
Now I also work for a TARP bank full time and get to hear this from other colleges. Again I want to reiterate, I do not have first hand info. This was told to me by a friend whose neighbor now is supposedly stuck in India for a min of 6 months
My friend�s neighbor works full time for BOfA and went visiting to India in March and went to the Consulate in Hyd for stamping, his stamping was rejected with a reason that his H1 was sponsored by a TARP funded company. Now if this is true this could just be becasue at that point USCIS had not come out with its TARP guidelines and the situation now may be different. My friend knows this because the victim here called him to take care of his belongings in the APT etc..
Now I also work for a TARP bank full time and get to hear this from other colleges. Again I want to reiterate, I do not have first hand info. This was told to me by a friend whose neighbor now is supposedly stuck in India for a min of 6 months
more...
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chanduv23
09-17 02:21 PM
Numbers are changing
People are moving away from screens and coming to DC !!!
Thank You Everyone for acting
yes -- they act fast
TRAFFIC JAMS AROUND DC AREA -
TRAFFIC BUILDING ALL THE WAY UP I 95
YES - BEEAT THE TRAFFIC START NOW HEAD TOWARDS DC
People are moving away from screens and coming to DC !!!
Thank You Everyone for acting
yes -- they act fast
TRAFFIC JAMS AROUND DC AREA -
TRAFFIC BUILDING ALL THE WAY UP I 95
YES - BEEAT THE TRAFFIC START NOW HEAD TOWARDS DC
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addsf345
01-13 04:01 PM
Yes. This is an old case.
Isn't assigning a later PD to a earlier PD substitute labor a mistake made by the USCIS? If I put in a request to USCIS to correct this error, will it help?
Thanks!!
it won't correct, as this practice has been long stopped. You may be in trouble for sure. I know you must have discussed this with your lawyer and now asking this on forum. If not, consult one. But if I would have been in your place, I will not go back to CIS on this. There may be some more wait but you must have EAD/AP, so use it and wait for your turn. Do not complicate your case. Its up to you & your lawyer. Best Luck!
Isn't assigning a later PD to a earlier PD substitute labor a mistake made by the USCIS? If I put in a request to USCIS to correct this error, will it help?
Thanks!!
it won't correct, as this practice has been long stopped. You may be in trouble for sure. I know you must have discussed this with your lawyer and now asking this on forum. If not, consult one. But if I would have been in your place, I will not go back to CIS on this. There may be some more wait but you must have EAD/AP, so use it and wait for your turn. Do not complicate your case. Its up to you & your lawyer. Best Luck!
more...
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quizzer
11-09 02:37 PM
Recently I have got Denial notice from INS on my I-140 application. All the documents are fine. Just They have mentioned as My Education Qualification is not equivalent to US Education. My Education is B.Sc. Physics and MBA.
Is anybody has got same problem, and if yes Please let me know what to do in this situation.
I am thinking of getting good Education Evaluation from Somebody. But I don't know it�s just happened because of Lawyer. Do I need to go to smart , strong Attorney to do this. OR Apply for new labor again and start the process.
Please suggest me on this.
Thanks
Yogs.
Can you tell me ur dates:
I140 RD
RFE received date?
EB2 or EB3?
Service center?
Thanks
Is anybody has got same problem, and if yes Please let me know what to do in this situation.
I am thinking of getting good Education Evaluation from Somebody. But I don't know it�s just happened because of Lawyer. Do I need to go to smart , strong Attorney to do this. OR Apply for new labor again and start the process.
Please suggest me on this.
Thanks
Yogs.
Can you tell me ur dates:
I140 RD
RFE received date?
EB2 or EB3?
Service center?
Thanks
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chantu
02-19 01:54 PM
Anybody?
I have one question:
My wife is currently working on EAD. I am a primary applicant. Can she apply for H1-B without jeopardizing our GC application?
I have one question:
My wife is currently working on EAD. I am a primary applicant. Can she apply for H1-B without jeopardizing our GC application?
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AnandNJ
06-27 03:04 PM
No, you can not get a copy of I-140 by USCIS
except your employer or attorney, one of my friend called attorneys office when attorney is not in the office paralegal answered and he requested her a copy of approval she sent but attorney may not give you. However there is a form of I-824 to get a duplicate copy but its useful to employers not for beneficiary. USCIS will not send duplicate of I-140 copy to beneficiary.
If you want to port your older priority date, having I-140 approval is good but that not required, meaning if you have I-140 receipt number thats good enough to port.
except your employer or attorney, one of my friend called attorneys office when attorney is not in the office paralegal answered and he requested her a copy of approval she sent but attorney may not give you. However there is a form of I-824 to get a duplicate copy but its useful to employers not for beneficiary. USCIS will not send duplicate of I-140 copy to beneficiary.
If you want to port your older priority date, having I-140 approval is good but that not required, meaning if you have I-140 receipt number thats good enough to port.
jsb
11-01 12:24 PM
I'm from ROW, my spouse and me both have EAD and AP. But our I-485 is pending. My spouse isn't working but would be travelling to Germany next year while I won't be travelling with her.
1. Is a good idea just to apply only EAD renewal for me and AP for her to save some bucks?
2. How soon will the service center accept the renewal applications before they expire?
3. What if I file these renewal by myself and don't use a lawyer. Will it make a difference?
4. What paper work do I need to submit with my applications for renewal either by online or manual?
5. What are the implications of not having to apply EAD for my spouse. Is she going to be out of status once her EAD expire?
Experts please advice.
It is better to keep EAD and AP current, instead of letting them expire to save a few bucks. Renewing something expired raises eyebrows. Renewal instructions come with EAD and AP. There is no need of a lawyer. Renewals are simple process.
1. Is a good idea just to apply only EAD renewal for me and AP for her to save some bucks?
2. How soon will the service center accept the renewal applications before they expire?
3. What if I file these renewal by myself and don't use a lawyer. Will it make a difference?
4. What paper work do I need to submit with my applications for renewal either by online or manual?
5. What are the implications of not having to apply EAD for my spouse. Is she going to be out of status once her EAD expire?
Experts please advice.
It is better to keep EAD and AP current, instead of letting them expire to save a few bucks. Renewing something expired raises eyebrows. Renewal instructions come with EAD and AP. There is no need of a lawyer. Renewals are simple process.
makemygc
06-14 11:21 AM
Go ahead and file 485/EAD etc. EAD approval takes 2-3 months. To be on the safe side, apply for H1 extension also . it is safe to keep H1 till you get your 485 approval.
As per immigration-law, filing h1 extension could be a problem along with EAD, as H1 ext can be rejected. See my earlier post.
Has someone done this earlier??..
As per immigration-law, filing h1 extension could be a problem along with EAD, as H1 ext can be rejected. See my earlier post.
Has someone done this earlier??..
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