MetteBB
05-10 01:46 PM
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gskang
02-22 11:50 AM
Hello There,
Thank you taking time to go through the details.
My green card application is family based and my spouse is a primary applicant. I have a EAD as of now and I recently got laid off on January 15th 2010. My H1B VISA expired on January 23rd 2010.
Issue: I recently applied for Advance parole and got rejected. Reason was given that my I-485 is administratively closed.
My laywer has suggested that I should immediately apply for H4 to save my status. I am really not sure what to do here. I am sure I will find a job in about 2 weeks but not sure if I will be able to get my H1B renewed or will be able to get a new H1B as I have already been counted towards the quota once.
I also read that it depends on the approval of I-130 but in my case I couldn't find I-130 for myself, even though there is one for my spouse which was approved in 2007.
My questions are:
1: What steps should I take to save my immigration status?
2. My EAD is not denied yet, should I start working on EAD or apply for H1B right away?
3. Can my H1B be renewed as it has already expired?
4. I have had a EAD for over a year and all of a sudden it may get canceled. Is there a way I can appeal somewhere as a mistake was made my immigration itself?
5. Have you experienced any cases similiar to mine and what were the outcomes?
Please, let me know your thoughts as your expertise can certainly help me save my career.
Thank you again for your time and consideration. I look forward to hearing from you.
Regards,
Gursharan
Thank you taking time to go through the details.
My green card application is family based and my spouse is a primary applicant. I have a EAD as of now and I recently got laid off on January 15th 2010. My H1B VISA expired on January 23rd 2010.
Issue: I recently applied for Advance parole and got rejected. Reason was given that my I-485 is administratively closed.
My laywer has suggested that I should immediately apply for H4 to save my status. I am really not sure what to do here. I am sure I will find a job in about 2 weeks but not sure if I will be able to get my H1B renewed or will be able to get a new H1B as I have already been counted towards the quota once.
I also read that it depends on the approval of I-130 but in my case I couldn't find I-130 for myself, even though there is one for my spouse which was approved in 2007.
My questions are:
1: What steps should I take to save my immigration status?
2. My EAD is not denied yet, should I start working on EAD or apply for H1B right away?
3. Can my H1B be renewed as it has already expired?
4. I have had a EAD for over a year and all of a sudden it may get canceled. Is there a way I can appeal somewhere as a mistake was made my immigration itself?
5. Have you experienced any cases similiar to mine and what were the outcomes?
Please, let me know your thoughts as your expertise can certainly help me save my career.
Thank you again for your time and consideration. I look forward to hearing from you.
Regards,
Gursharan
number30
03-15 02:36 PM
My mother-in-law would like to get visitor visa.
How do I answer #37 of the DS-156?
The applicant's (my mother-in-law) son( my husband) is in the U.S. illegally. I am US cit. and my husband needs to report to visa interview within the next year. We have been post-poning due to medical issues. In the meanwhile we hope my mother-in-law can come here to visit her granddaughter.( I am unable to travel). #37 of the DS-156 asks if any body is in US. We should answer YES, because her son is here, BUT, what do we put for his status? Illegal? I read one article that stated to mark YES only if he has legal status. I do not want to put NO, immigration already knows he is here and we do not want to be dishonest.
Any ideas?
She has to be truthful. Otherwise it can create big problem later. Why you husband did not apply for the card when married to a citizen?
How do I answer #37 of the DS-156?
The applicant's (my mother-in-law) son( my husband) is in the U.S. illegally. I am US cit. and my husband needs to report to visa interview within the next year. We have been post-poning due to medical issues. In the meanwhile we hope my mother-in-law can come here to visit her granddaughter.( I am unable to travel). #37 of the DS-156 asks if any body is in US. We should answer YES, because her son is here, BUT, what do we put for his status? Illegal? I read one article that stated to mark YES only if he has legal status. I do not want to put NO, immigration already knows he is here and we do not want to be dishonest.
Any ideas?
She has to be truthful. Otherwise it can create big problem later. Why you husband did not apply for the card when married to a citizen?
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goel_ar
03-06 06:35 PM
I-140 approved. I haven't applied for I-140 yet.
I am looking to move to different position with similar job responsibilities within my company.
I spoke to company's internal legal dept - and as per them they would require -
a) My current job responsibilty as filed on GC app
b) New Job responsibilties from new manager
c) A note from new manager stating that new job responsibilities are similar to current one.
With this documentation, I could use my existing I-140 & don't have to file for H1-B, labor & I-140 again.
Do I need to be concerned for anything else?
Thanks,
I am looking to move to different position with similar job responsibilities within my company.
I spoke to company's internal legal dept - and as per them they would require -
a) My current job responsibilty as filed on GC app
b) New Job responsibilties from new manager
c) A note from new manager stating that new job responsibilities are similar to current one.
With this documentation, I could use my existing I-140 & don't have to file for H1-B, labor & I-140 again.
Do I need to be concerned for anything else?
Thanks,
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neeshpal
07-12 03:07 PM
Is it true that labor approval has a six months expiration date on it after which it'll expire. My lawyer has communicated this to me.
Thanks!
Thanks!
surabhi
08-01 01:54 PM
My employer has asked me to take care of our office in India. I am on H1B that will expire in 2011. We have decided for me to spend 2 months in India and one month in US. The plan is to reenter US on H1B since it will still be valid.
I also have a pending 485 and i am going to let my EAD and AP timeout and stick to H1B.
Now, the question is: will this be a problem? Is there a limitation on how long an H1B holder stay outside the US while continuing to maintain status?
I am going to be travelling back to India soon but have already spent more than 5 months in india this year (onver three trips) and am wondering if there will be a problem when i come back in november.
I cant find anything on the net no this.
There is no problem. I had to do it for same reason i had to work 2-3 months in 2 instances. And for the final time, it was 15 month offshore India assignment. No problems at all.
I also have a pending 485 and i am going to let my EAD and AP timeout and stick to H1B.
Now, the question is: will this be a problem? Is there a limitation on how long an H1B holder stay outside the US while continuing to maintain status?
I am going to be travelling back to India soon but have already spent more than 5 months in india this year (onver three trips) and am wondering if there will be a problem when i come back in november.
I cant find anything on the net no this.
There is no problem. I had to do it for same reason i had to work 2-3 months in 2 instances. And for the final time, it was 15 month offshore India assignment. No problems at all.
more...
funnymdguy
09-18 11:09 AM
great article
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p7810456
10-24 05:15 PM
Hi guys,
I understand that after getting your 45day letter your case will be in the BEC database and will be processed in order.
Now I just saw people on this forum with PD Aug 2003 got approved 10/17.
and I know a friend with pd oct 2003 got approved in April.
Suppose that the guy got approved 10/17 was input to the system after the other luckier guy, the most conservative estimation is now pd Aug 2003 is being processed.
Anybody heard of any later PD being approved recently? from DBEC?
I'm just thinking, if we share the pd/approval information on this forum we'll have better estimates about our cases and have a somewhat less stressful life.
Thanks.
Some of my friends, whose PD is in early 2005, got approvals from DBEC recently!
I understand that after getting your 45day letter your case will be in the BEC database and will be processed in order.
Now I just saw people on this forum with PD Aug 2003 got approved 10/17.
and I know a friend with pd oct 2003 got approved in April.
Suppose that the guy got approved 10/17 was input to the system after the other luckier guy, the most conservative estimation is now pd Aug 2003 is being processed.
Anybody heard of any later PD being approved recently? from DBEC?
I'm just thinking, if we share the pd/approval information on this forum we'll have better estimates about our cases and have a somewhat less stressful life.
Thanks.
Some of my friends, whose PD is in early 2005, got approvals from DBEC recently!
more...
chanduv23
09-17 10:14 AM
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ABC of GC
04-03 03:29 PM
Done anyone know how much time USCIS gives in such cases to respond with the information.
I called up their customer service and they don't know.
Please help.
Thank you,
I called up their customer service and they don't know.
Please help.
Thank you,
more...
GetGC08
09-17 12:51 PM
Hello,
I got RFE on I-140 for EB2 India.
Following are the details of RFE.
Item 1.) provide list of receipt numbers of all petitions filled by company in 2007.
Item 2.) Provide proffered wage of each beneficiary & evidence of any wages paid to those beneficiaries.
Item 3.) My W2 for 2007.
Item 4.) Provide evidence of companies ability to pay(A2P) each beneficiaryincluding those who have already been approved. Such evidence must include companies federal tax return, audited financial statements or annual reports.
Item 5.) degree evaluation. (I am holding masters in computer science degree from India. Total 6 years of education after school. 12 + 3 years BS in Computers + 3 Years MCA = 18)
Following are the Labor(PERM) details:
1. labor has been approved.
2. Mentioned Masters degree required in computer science.
3. Foreign degree is acceptable.
4. 18 months of experience required.(I already have 18 months of experience when I filled labor)
5. Alternate is not acceptable e.g. BS + 5 years.
Following will be submitted.
1. I submitted my 2007 W2 with latest paystub which includes year to date details.(for Item# 3)
2. Degree evaluation.(for Item# 5)
3. I am going to provide companies federal tax return & audited financial statements for RFE item numbers 1,2 & 4(As mentied above)
My question, is it sufficient to provide companies federal tax return & audited financial statements for RFE item number 1,2 & 4(As mentioned above) ?
Company details:
Morethan 120 employees & $24 million turn over in 2007.
How serious this RFE is?
I will really appreciate your response.
Thanks.
I got RFE on I-140 for EB2 India.
Following are the details of RFE.
Item 1.) provide list of receipt numbers of all petitions filled by company in 2007.
Item 2.) Provide proffered wage of each beneficiary & evidence of any wages paid to those beneficiaries.
Item 3.) My W2 for 2007.
Item 4.) Provide evidence of companies ability to pay(A2P) each beneficiaryincluding those who have already been approved. Such evidence must include companies federal tax return, audited financial statements or annual reports.
Item 5.) degree evaluation. (I am holding masters in computer science degree from India. Total 6 years of education after school. 12 + 3 years BS in Computers + 3 Years MCA = 18)
Following are the Labor(PERM) details:
1. labor has been approved.
2. Mentioned Masters degree required in computer science.
3. Foreign degree is acceptable.
4. 18 months of experience required.(I already have 18 months of experience when I filled labor)
5. Alternate is not acceptable e.g. BS + 5 years.
Following will be submitted.
1. I submitted my 2007 W2 with latest paystub which includes year to date details.(for Item# 3)
2. Degree evaluation.(for Item# 5)
3. I am going to provide companies federal tax return & audited financial statements for RFE item numbers 1,2 & 4(As mentied above)
My question, is it sufficient to provide companies federal tax return & audited financial statements for RFE item number 1,2 & 4(As mentioned above) ?
Company details:
Morethan 120 employees & $24 million turn over in 2007.
How serious this RFE is?
I will really appreciate your response.
Thanks.
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adde72
03-28 08:21 PM
I am in the same situation . The responses from the lawyer are Incorrect .I spoke to my companies attorney and they advised me to apply the H4 extension in Premium and then go with the new H1 in regular so that your H4 ext will be approved first and able to maintain the status until Oct 07
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chanduv23
11-10 05:57 AM
Sure, thanks for the advice. Don't you want to be one-day President?:D As a side note, you have 10 green dots. Can I borrow one from you?:D
One day president ha ha ha ... reminds me of the Bollywood movie where the hero becomes a chief minister for one day and cleanses the society :D:D:D
One day president ha ha ha ... reminds me of the Bollywood movie where the hero becomes a chief minister for one day and cleanses the society :D:D:D
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validIV
04-28 12:26 PM
My only thought is why arent they trying to re-introduce the visa recapture bill. But that thought in itself is a rhetorical question.
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mkarothi
07-11 05:41 PM
Hi,
I am in the following situation.
1. I am going to complete my 6yrs of stay ( L1 period + H1 period) in USA by Dec 2008 (after adding my vacation time in India).
2. I got H1 valid till June 2010 and got stamped on passport that valid till June 2010.
( USCIS approved H1 for me till 2010 eventhou I complete 6yrs by end of 2008)
3. My LC was electronically filed in September 2007 in EB2 category in Chicago DOL. Got Audit in October 2007 on Business Necessity ground and was replied within due date.
4. After several months of waiting (Audit response was accepted), it was denied on the following reason. "The internal job posting was not as per the DOL regulations".
5. My Lawyer said, the notice that was submitted was in the proper format-the exact format specified by the regulations that applied for reconsideration
He also mentioned that, he filed LC for other candidates with same job posting and got approval on their cases.
6. Now, Atlanta is processing all permanent Labors. As there is a huge back log at Atlanta processing center, My lawyer suggested to apply a new application rather waiting on this reply.
7. we need wait another 2 months ( for job ads and wait for response ) before even we can apply for new LC. even we apply some time in September 2008. I should get an approval immediately (as I am going to complete 6 yrs) otherwise I will be in trouble.
Given the scenario, what are my options as I am on time crunch.....?
Any suggestions greatly appreciated.
I am in the following situation.
1. I am going to complete my 6yrs of stay ( L1 period + H1 period) in USA by Dec 2008 (after adding my vacation time in India).
2. I got H1 valid till June 2010 and got stamped on passport that valid till June 2010.
( USCIS approved H1 for me till 2010 eventhou I complete 6yrs by end of 2008)
3. My LC was electronically filed in September 2007 in EB2 category in Chicago DOL. Got Audit in October 2007 on Business Necessity ground and was replied within due date.
4. After several months of waiting (Audit response was accepted), it was denied on the following reason. "The internal job posting was not as per the DOL regulations".
5. My Lawyer said, the notice that was submitted was in the proper format-the exact format specified by the regulations that applied for reconsideration
He also mentioned that, he filed LC for other candidates with same job posting and got approval on their cases.
6. Now, Atlanta is processing all permanent Labors. As there is a huge back log at Atlanta processing center, My lawyer suggested to apply a new application rather waiting on this reply.
7. we need wait another 2 months ( for job ads and wait for response ) before even we can apply for new LC. even we apply some time in September 2008. I should get an approval immediately (as I am going to complete 6 yrs) otherwise I will be in trouble.
Given the scenario, what are my options as I am on time crunch.....?
Any suggestions greatly appreciated.
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ras
12-23 01:39 AM
I have two I -140's approved with one PD from end of 2005 and other end of 2006 both on EB2. I 485 is based based on 2nd one in 2006. So question is can I port 2005 pd to I 485 based on 2006?
Some where I heard that you can only port the PD when your 2nd is application stage and is pending. but here it is applied and already approved. Is it a good case for Porting PD or interfiling?
And by the way what is the difference between porting and interfiling?
Thanks
Some where I heard that you can only port the PD when your 2nd is application stage and is pending. but here it is applied and already approved. Is it a good case for Porting PD or interfiling?
And by the way what is the difference between porting and interfiling?
Thanks
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hl
04-01 08:07 PM
Well we're brown. I wonder if the doctor saw that.
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transpass
08-07 01:48 AM
I don't know anyone in Chicago. But I think it does not matter. You can hire an attorney from other city/state as long as he/she is competent. We live close to chicago, but our immigration attorney is in Michigan.
We had a great experience with this attorney. She is thorough, clear, always accessible and prompt. And she does not charge a fortune either like others. She does not even charge extra for phone calls, emails, etc.
The office is Law Offices of Ingrid Brey P.C. in Grosse Point Park, MI. Just google it and call the office. Have them email their services/charges, etc.
We had a great experience with this attorney. She is thorough, clear, always accessible and prompt. And she does not charge a fortune either like others. She does not even charge extra for phone calls, emails, etc.
The office is Law Offices of Ingrid Brey P.C. in Grosse Point Park, MI. Just google it and call the office. Have them email their services/charges, etc.
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josecuervo
06-22 03:26 PM
I-140 Premium processing upgrade receipt number
Dear firends.,
My lawayer upgraded to premium processing for I-140 on June 20th,2007. Will I get a new receipt number or should I keep checking the status for the original I-140 receipt number
Please advise
Thanks
Dear firends.,
My lawayer upgraded to premium processing for I-140 on June 20th,2007. Will I get a new receipt number or should I keep checking the status for the original I-140 receipt number
Please advise
Thanks
h1bwala
12-07 11:14 AM
Day1 ur h1b visa starts
H1b starts mean the day LCA Petition is filed or day I797 is issued ?
H1b starts mean the day LCA Petition is filed or day I797 is issued ?
nsolanki77
01-19 10:12 AM
Yes I am a US citizen, I also edit my recent post and put some more info in.
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