wandmaker
04-03 06:59 PM
Have had unfortunate turn of events and need your guidance.
I had a valid approved h1 petition and i-94 for 2005 through company A.
Company filed for extension of h1 in 2007 and received approved h1 and i-94 valid till 2010. Did not travel out of the country at that time.
Filed for AOS 485, EAD, AP in 2007. Traveled and entered US using AP in 2008.
USCIS did inquiry and has revoked 2005 h1 because of incorrect LCA filing by the company. They have also said that because of incorrect LCA filing, I am in violation of h1 status. Attorneys have advised that USCIS will retroactive hold me as 'out-of-status' but not unlawful present as I was working in good faith based on an approved petition and unexpired i-94s.
The 2007 h1 was also filed in similar fashion as the 2005 h1.
Although USCIS has not revoked current 2007-2010 h1, there is a possibility of that happening. The 485 might be denied in that case.
The only option is to get on h4 by applying from consulate in India.
Since I will be now answering yes to question 38 (have you violated terms of US visa, or unlawful present..?) I have also shown as intent to immigrate based on my 485 filing.
I want to know my chances of getting an h4 approved.
You need to add more clarity to bold words... For instance, if your work location in LCA was New York and you worked in San Francisco - Man you are in trouble..... Please post what was incorrect on the LCA and also fill in the profile, if you want the folks to consider responding to your query. My 2 cents.
I had a valid approved h1 petition and i-94 for 2005 through company A.
Company filed for extension of h1 in 2007 and received approved h1 and i-94 valid till 2010. Did not travel out of the country at that time.
Filed for AOS 485, EAD, AP in 2007. Traveled and entered US using AP in 2008.
USCIS did inquiry and has revoked 2005 h1 because of incorrect LCA filing by the company. They have also said that because of incorrect LCA filing, I am in violation of h1 status. Attorneys have advised that USCIS will retroactive hold me as 'out-of-status' but not unlawful present as I was working in good faith based on an approved petition and unexpired i-94s.
The 2007 h1 was also filed in similar fashion as the 2005 h1.
Although USCIS has not revoked current 2007-2010 h1, there is a possibility of that happening. The 485 might be denied in that case.
The only option is to get on h4 by applying from consulate in India.
Since I will be now answering yes to question 38 (have you violated terms of US visa, or unlawful present..?) I have also shown as intent to immigrate based on my 485 filing.
I want to know my chances of getting an h4 approved.
You need to add more clarity to bold words... For instance, if your work location in LCA was New York and you worked in San Francisco - Man you are in trouble..... Please post what was incorrect on the LCA and also fill in the profile, if you want the folks to consider responding to your query. My 2 cents.
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TeddyKoochu
01-24 10:20 AM
Based on the information available i am expecting EB2-I will get 8-12K visa this year (2011), unlike 20k last year (2010). Which means the PD will move as far as Nov-06 or Dec-06 the best this year.
No FB Spillover
High PERM approvals
Also porting may play a big role this year (EB3-ROW to EB2-ROW and EB3-I to EB2-I).
The high perm approvals are not translating into high I140 approvals refer to the completions on the dashboard also RFE's are on the rise. So we may still get the same spillover this year even without any kind if FB. The 485 approvals for both Eb1 and EB2 ROW are way down this year from last year on that website.
No FB Spillover
High PERM approvals
Also porting may play a big role this year (EB3-ROW to EB2-ROW and EB3-I to EB2-I).
The high perm approvals are not translating into high I140 approvals refer to the completions on the dashboard also RFE's are on the rise. So we may still get the same spillover this year even without any kind if FB. The 485 approvals for both Eb1 and EB2 ROW are way down this year from last year on that website.
lotsofspace
02-14 12:54 AM
Find yourself chocked up with G.C delay ? find your voice here.
- Immigration voice
- Immigration voice
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bskrishna
04-21 12:01 AM
I had applied for AP at NSC got it in a months time. I had applied for EAD on Oct 26th of last year. Got it approved by December 14th. Are majority of the people experiencing EAD delays of late?
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gman
07-08 07:36 PM
Did this ever go anywhere?
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logiclife
05-23 11:56 PM
Mercies,
This is a house member. They will speak a lot of things. Plus, there is 435 of them. In the course of debate a lot of opinions will come across. I dont know if this guy from Indiana is on the conference, but the only person that really matters from the house side is Sensenbrenner. He will be on the conference. And all the provisions that are friendly to illegals will be thrown out of the bill during conference.
Frankly, the amendments like orange card amendment of Feinstein was a waste of time. First of all it didnt even pass the senate, but had it been passed, provisions like Orange card would be something that Sensenbrenner would ask the Senators to leave it outside the door before walking to the table in conf committee.
Cool down yaar. Let's wait for tommorow to see and hope that Frist and Reid dont start another pillow fight over the number of amendments.
This is a house member. They will speak a lot of things. Plus, there is 435 of them. In the course of debate a lot of opinions will come across. I dont know if this guy from Indiana is on the conference, but the only person that really matters from the house side is Sensenbrenner. He will be on the conference. And all the provisions that are friendly to illegals will be thrown out of the bill during conference.
Frankly, the amendments like orange card amendment of Feinstein was a waste of time. First of all it didnt even pass the senate, but had it been passed, provisions like Orange card would be something that Sensenbrenner would ask the Senators to leave it outside the door before walking to the table in conf committee.
Cool down yaar. Let's wait for tommorow to see and hope that Frist and Reid dont start another pillow fight over the number of amendments.
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cagedcactus
10-31 10:58 AM
For those who are new to the forums, please contact Walking_dude to sign up for an active membership in Michigan chapter. We all need to join hands and go to work. We have core members standing behind us, ready to back us up on various issues regarding backlogs and other immigration issues.
Help us help yourselves.....
Rise now, its now or never....
Help us help yourselves.....
Rise now, its now or never....
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a_yaja
06-18 12:34 PM
babu123
When had filed my I140 I did send my coworkers reference letter ...yet i got a rfe requesting for employer's experience letter..
I was in a similar but totally different situation. I wanted to use the experience as a Grad. Assistant for my I-140 stage. The problem was, my professor was no longer with the University. My lawyer suggested that I obtain a letter from the professor on a plain paper and make sure that it is notarized. The letter had his address and cell phone number and "Formerly, Asst. Professor at xxx Iniv".
There was no issue with the I-140 approval.
When had filed my I140 I did send my coworkers reference letter ...yet i got a rfe requesting for employer's experience letter..
I was in a similar but totally different situation. I wanted to use the experience as a Grad. Assistant for my I-140 stage. The problem was, my professor was no longer with the University. My lawyer suggested that I obtain a letter from the professor on a plain paper and make sure that it is notarized. The letter had his address and cell phone number and "Formerly, Asst. Professor at xxx Iniv".
There was no issue with the I-140 approval.
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irrational
06-18 10:37 PM
Folks,
I am due for an EAD renewal. However, my I-485 Receipt Notice got lost in mail. :(
Can I still e-file. A lot of you said, we have to send a copy of the receipt notice as a supporting document. Can I do without it.
Any pointers would be really appreciated.
Thank You
-Bipin
I am due for an EAD renewal. However, my I-485 Receipt Notice got lost in mail. :(
Can I still e-file. A lot of you said, we have to send a copy of the receipt notice as a supporting document. Can I do without it.
Any pointers would be really appreciated.
Thank You
-Bipin
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GCAmigo
05-22 12:04 PM
ALL of them will fedex overnight to reach the concerned office by June1st..
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looneytunezez
04-20 06:07 PM
Just got my passport renewed at SF.
Applied in person and opted to get it back in the mail.
Got it in hand exactly in a week from application date...(pretty smooth)....
And i used 2X2 in photo instead of 3.5X3.5 cms....both are ok.
They will adjust it properly in your passport for you...
All the best.
Thanks for your responses.
One last question.
After printing the application form, I see that the photograph size is 3.5 cms * 3.5 cms that the consulate requires. But when I check for the passport size photo in walgreens it is 2 inches * 2 inches. Is it fine if I send 2 inches * 2 inches photo or should I cut exactly 3.5 cms * 3.5 cms and paste one in the form and send the other 2 ?
Thanks.
Applied in person and opted to get it back in the mail.
Got it in hand exactly in a week from application date...(pretty smooth)....
And i used 2X2 in photo instead of 3.5X3.5 cms....both are ok.
They will adjust it properly in your passport for you...
All the best.
Thanks for your responses.
One last question.
After printing the application form, I see that the photograph size is 3.5 cms * 3.5 cms that the consulate requires. But when I check for the passport size photo in walgreens it is 2 inches * 2 inches. Is it fine if I send 2 inches * 2 inches photo or should I cut exactly 3.5 cms * 3.5 cms and paste one in the form and send the other 2 ?
Thanks.
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mirage
07-01 06:17 PM
There are many people who would sign up anything to come to US. When that A company spends 5-6k and bring people here, they disapear in 1 month. Obviously in this case court will go against the employee firstly because there is an underlying bias for the employer as he's a US employer second I personally feel he has all rights to ask for money since he invested in you...
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HereIComeGC
12-12 04:07 PM
lol..this is funny.. are you planning to issue another bulletin from your side based on the input at IV.. chill dude.. the bulletin issue science is really some rocket science, it defies all the fundamentals of mathematics and gravity...actually its more like 6-flag ride..rush of adrenalin..swaying on both sides..oh god its making me so dizzy....
:(
Where do you get an indication prediction of another bulletin from my side from a simple question such as this? Jan 2000 is way back. It would be interesting to know how many people are still waiting from way back in 2000 in EB2 category which has traditionally been faster approvals then EB3.
:(
Where do you get an indication prediction of another bulletin from my side from a simple question such as this? Jan 2000 is way back. It would be interesting to know how many people are still waiting from way back in 2000 in EB2 category which has traditionally been faster approvals then EB3.
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nandakumar
01-18 07:50 PM
^^^^
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rajmehrotra
09-15 11:27 AM
Nice idea. Sometimes, bare facts are worth quite a few pictures as well. How about compiling and forwarding the following information for each of our family units?
Items can be :
Years spent in the US.
Federal and state income taxes paid during these years.
Social Security contributions made.
Dollars and hours already spent on the immigration process.
Number of U. S. Citizen kids, if any.
A concise writeup on how the applicant's skill set positively impacts the employer.
Items can be :
Years spent in the US.
Federal and state income taxes paid during these years.
Social Security contributions made.
Dollars and hours already spent on the immigration process.
Number of U. S. Citizen kids, if any.
A concise writeup on how the applicant's skill set positively impacts the employer.
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sgorla
06-05 06:36 PM
I remember reading in the I-765 instructions that EAD card application should be sent to the service center where I-485 application is pending. So, in your case it could be TSC. If you file your EAD online, the system automatically generates the service center address where your supporting documents need to be sent.
Can someone please respond to my question. Thanks.
Can someone please respond to my question. Thanks.
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gc_chahiye
10-05 04:12 PM
How big of a risk would it be to file on EB2? If they reject me for EB2, would it hurt my chances on applying again on EB3? How much time would I lose in case of a rejection?
getting rejected in EB2 does not impact your case for EB3 (they might look up that older file and see that it was rejected because of education qualification for EB2, but does qualify for EB3).
You will probably get an RFE at I-140 time. USCIS will either reject this case, in which case you will lose this complete GC process and need to restart from scratch (so you'll lose maybe 1 years worth of place in the queue). Or they might ask you to accept this in EB3, in which case you dont lose your LC and the PD that goes with it.
getting rejected in EB2 does not impact your case for EB3 (they might look up that older file and see that it was rejected because of education qualification for EB2, but does qualify for EB3).
You will probably get an RFE at I-140 time. USCIS will either reject this case, in which case you will lose this complete GC process and need to restart from scratch (so you'll lose maybe 1 years worth of place in the queue). Or they might ask you to accept this in EB3, in which case you dont lose your LC and the PD that goes with it.
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otovarm@hotmail.com
03-03 02:39 PM
well, that really sucks, I was not aware of the 180day rule. Many thanks for the information.
So I have no other option than start all over again. One question, can I apply directly to a new LC or PERM or I need to go thru H1B first?
My Plan B is Canada, already have Canadian Permanent Resident Card, I need to enter before May 2010....I might need to decide between just moving to Canada and in 3 years get citizenship Vs. Starting new PERM process in USA .....I will be aprox 7 years away from citizenship.
Any thoughts??
So I have no other option than start all over again. One question, can I apply directly to a new LC or PERM or I need to go thru H1B first?
My Plan B is Canada, already have Canadian Permanent Resident Card, I need to enter before May 2010....I might need to decide between just moving to Canada and in 3 years get citizenship Vs. Starting new PERM process in USA .....I will be aprox 7 years away from citizenship.
Any thoughts??
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gc_75
07-17 04:45 PM
Here is the link:
http://travel.state.gov/visa/frvi/bulletin/bulletin_3269.html
Please refer to following para about July bulletin:
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3269.html
Please refer to following para about July bulletin:
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
peer123
04-04 04:54 AM
,,,,, others please weigh in
indigokiwi
04-17 12:50 PM
^^^^^^^
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