SR2610
04-13 04:19 PM
apart from all above there is a risk in going to Canada or Mexico for stamping. If you dont get visa in Mexico, you need to go back to home country to get visa.
I just entered 7th year, applied for H1 extension, not sure to go to Canada or wait for trip to Home country :(
I just entered 7th year, applied for H1 extension, not sure to go to Canada or wait for trip to Home country :(
wallpaper men, Cute
golf52
07-26 08:44 AM
krish.d.rao, Morchu,
Thanks for your replies! This forum and it's members are very helpful.
Now, based on your reply, it seems like I need to have a few things:
1- a good relationship with my current employer - I work for this huge company, and
even if I have a good relationship with my 1st and 2nd level managers, HR and the Immigration department along with the attorney firm, will do whatever their usual process says...
2- based on what I've read so far, it seems that I need to have copy of the i-485 receipts in order to invoke AC-21? I was not given that by my attorney firm. They keep all the documents, and only send us e-mails of the approvals of each step. They say that since the employer is paying for everything, I don't have the right to have copies of anything.
Do you guys think this would be an issue?
Please advice, and thanks in advance for your comments/help,
golf52
Thanks for your replies! This forum and it's members are very helpful.
Now, based on your reply, it seems like I need to have a few things:
1- a good relationship with my current employer - I work for this huge company, and
even if I have a good relationship with my 1st and 2nd level managers, HR and the Immigration department along with the attorney firm, will do whatever their usual process says...
2- based on what I've read so far, it seems that I need to have copy of the i-485 receipts in order to invoke AC-21? I was not given that by my attorney firm. They keep all the documents, and only send us e-mails of the approvals of each step. They say that since the employer is paying for everything, I don't have the right to have copies of anything.
Do you guys think this would be an issue?
Please advice, and thanks in advance for your comments/help,
golf52
zoozee
07-30 02:16 PM
Well said by andy garcia "Lawyer's Mercy", this journey to GC is filled with all kinda mercy from....
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vivache
09-21 05:42 PM
"Top on IV's goals is 'ability to file for I-485' even when visa number is not available. As you perhaps know this will enable securing an EAD. Hope this answers your question."
Unintelligent question :).
What time frame do we expect this to kick in .. if it does?
(I know you can't give a definite date .. but just curious)
Also how optimistic are we (IV lawyers) of getting this one in? (good chance, medium chance ..)
Unintelligent question :).
What time frame do we expect this to kick in .. if it does?
(I know you can't give a definite date .. but just curious)
Also how optimistic are we (IV lawyers) of getting this one in? (good chance, medium chance ..)
more...
unseenguy
05-16 03:49 PM
How can you file concurrent I-140 and I-485 if PD is not current, meaning country is retrogressed? You can't file I-485. You can file I-140 only and wait PD to become current to file I-485.
CP requires police certificates, therefore one needs to go back to home country in advance of interview to get it. I think it also needs police certificates from all place resided since age ?? (16 or 18??). All CP but not all AOS gets interviewed.
There is nothing to be scared of in the interview. If you are skilled immigrant from any country and your case is genuine, what are you scared of in the consular interview? Attorneys here will always ask you for I485, sure it helps most people than those filing CP , but there is also economic advantage to attorneys suggesting this option.
As I said, those from non retrogressed countries can file concurrently, also those countries such as India which are experiencing wide swings in visa bulletins are able to file concurrently. If I140 is NOT approved and date is current, it makes sense to file I485 as it gives you additional protections by law.
CP requires police certificates, therefore one needs to go back to home country in advance of interview to get it. I think it also needs police certificates from all place resided since age ?? (16 or 18??). All CP but not all AOS gets interviewed.
There is nothing to be scared of in the interview. If you are skilled immigrant from any country and your case is genuine, what are you scared of in the consular interview? Attorneys here will always ask you for I485, sure it helps most people than those filing CP , but there is also economic advantage to attorneys suggesting this option.
As I said, those from non retrogressed countries can file concurrently, also those countries such as India which are experiencing wide swings in visa bulletins are able to file concurrently. If I140 is NOT approved and date is current, it makes sense to file I485 as it gives you additional protections by law.
Better_Days
10-19 09:43 PM
I had an I-485 pending when my first I-140 was denied. The cases ended up with AAO.
I started a new GC process in PERM and the second I-140 was approved. After approval I noticed a LUD on my pending 485. I called the 1-800 number and asked for the I-140 number underlying my I-485. To my surprise, I was given the receipt number for the second I-140. What surprised me was that the my priority date was not current.
I can only assume that when one has more than one I-140 pending with the same employer (remember that a I-140 with MTR or with AAO is considered to be pending), the first one to get approved gets linked with the I-485. CAN ANYONE CONFIRM THIS PLEASE?
The interesting thing is that the AAO woke from it's slumber and issued an RFE last week. As a result of the RFE, both my I-140 have changed their status and now show "Post Decision Activity".
The quoted post above describes my situation. I140 and I485 were pending. I140 got denied and ended up with AAO. Second I140 got approved and I485 is linked with this 2nd approved I140 even though the priority date was not current.
Called USCIS twice to get the receipt number of the 140 underlying my 485 and got the receipt number for the second, approved 140 everytime.
The company has received an RFE from the AAO and they simply are in no mood to respond to it. They are going to withdraw the first 140. The lawyer retained by my company is absolutely clueless about how and why the second,approved 140 got linked with the pending 485 without the priority date being current. He is trying to play it safe by covering his own behind by saying statements like "USCIS made a mistake and if they every discovered this mistake in future, I will be regarded as being out of status from the day I used any EAD based on this pending 485", He is suggesting that we file a new 485 when the dates being current ( I am EB3/ROW).
Now I know that there are a lot of people who have had their 485s linked to their second, approved 140 automatically. Did this happen to any of you without the PD being current? Please do respond if you are in this boat.
Also, is there a policy or memo that explicitly refers to it? Can anyone please provide me a reference?
If the first 140 is withdrawn? Will it have ANY impact on the second 140 or the pending 485? The reason I ask this question is that after the AAO issed an RFE, the status on both my 140's changed to "Post Decisioon Activity". This is what worries me the most.
Any comment on any of the above questions will be highly appreciated.
Thanks for you time.
I started a new GC process in PERM and the second I-140 was approved. After approval I noticed a LUD on my pending 485. I called the 1-800 number and asked for the I-140 number underlying my I-485. To my surprise, I was given the receipt number for the second I-140. What surprised me was that the my priority date was not current.
I can only assume that when one has more than one I-140 pending with the same employer (remember that a I-140 with MTR or with AAO is considered to be pending), the first one to get approved gets linked with the I-485. CAN ANYONE CONFIRM THIS PLEASE?
The interesting thing is that the AAO woke from it's slumber and issued an RFE last week. As a result of the RFE, both my I-140 have changed their status and now show "Post Decision Activity".
The quoted post above describes my situation. I140 and I485 were pending. I140 got denied and ended up with AAO. Second I140 got approved and I485 is linked with this 2nd approved I140 even though the priority date was not current.
Called USCIS twice to get the receipt number of the 140 underlying my 485 and got the receipt number for the second, approved 140 everytime.
The company has received an RFE from the AAO and they simply are in no mood to respond to it. They are going to withdraw the first 140. The lawyer retained by my company is absolutely clueless about how and why the second,approved 140 got linked with the pending 485 without the priority date being current. He is trying to play it safe by covering his own behind by saying statements like "USCIS made a mistake and if they every discovered this mistake in future, I will be regarded as being out of status from the day I used any EAD based on this pending 485", He is suggesting that we file a new 485 when the dates being current ( I am EB3/ROW).
Now I know that there are a lot of people who have had their 485s linked to their second, approved 140 automatically. Did this happen to any of you without the PD being current? Please do respond if you are in this boat.
Also, is there a policy or memo that explicitly refers to it? Can anyone please provide me a reference?
If the first 140 is withdrawn? Will it have ANY impact on the second 140 or the pending 485? The reason I ask this question is that after the AAO issed an RFE, the status on both my 140's changed to "Post Decisioon Activity". This is what worries me the most.
Any comment on any of the above questions will be highly appreciated.
Thanks for you time.
more...
sunny1000
06-28 09:15 PM
Thats a good question. Would it still be considered valid if we mailed the documents on Friday so that it reaches them Saturday. They'd still be opening the mail on Monday July 2nd. I have a feeling that would be too late. Any others in the same boat ?
Their mail room is not open on sat. So, I guess that wud be too late.
Their mail room is not open on sat. So, I guess that wud be too late.
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micofrost
07-15 01:54 PM
Well, the first statement is true; the second, however is not. When one starts to work on EAD, his/her status changes to AOS, assuming his/her I-485 is pending. So, in this case, she will no longer be considered being on H4.
You can still work on EAD and maintain your H4 as long as you do not go out of the country. If you go out and enter on AP, then you switch back to AOS, no reporting to USCIS is necessary. But if you can still file I-539 and switch back to H4 again.
But on H4 you can still work on EAD, while maintaining your H4 status.
I would ask everyone , pls be careful while responding to someone's querry. And the person asking should also consult a lawyer. In this case, since I am in the same boat, and the advice came from the lawyer. I just got my spouse H4 extended for another 3 years, the after 6 years extension, while she is working on her EAD.
You can still work on EAD and maintain your H4 as long as you do not go out of the country. If you go out and enter on AP, then you switch back to AOS, no reporting to USCIS is necessary. But if you can still file I-539 and switch back to H4 again.
But on H4 you can still work on EAD, while maintaining your H4 status.
I would ask everyone , pls be careful while responding to someone's querry. And the person asking should also consult a lawyer. In this case, since I am in the same boat, and the advice came from the lawyer. I just got my spouse H4 extended for another 3 years, the after 6 years extension, while she is working on her EAD.
more...
vishwak
08-13 11:08 AM
I did not Change status, I extended h4 Status; In fact USCIS gave us the approval and now we are again waiting for her EAD renewal to come in soon.
Its been less than 100 days....
Did she get Paystub, If not you are good.
I don't think she can have both H4 & EAD. But once she started working on EAD and got paystub....Paid taxes etc.....I'm sure her status will be EAD and no H4 furthur...By any chance if USCIS got hold of it. Might cause problem for her 485 approval.
USCIS gives whatever we ask for. We should be careful and take advise from Attorneys. Not one 2-3 Attorneys as some of the attorneys have limit knowledge. Best suggestions your Employer if he has good knowledge.....As they might have seen lot of cases for their employers.
Its been less than 100 days....
Did she get Paystub, If not you are good.
I don't think she can have both H4 & EAD. But once she started working on EAD and got paystub....Paid taxes etc.....I'm sure her status will be EAD and no H4 furthur...By any chance if USCIS got hold of it. Might cause problem for her 485 approval.
USCIS gives whatever we ask for. We should be careful and take advise from Attorneys. Not one 2-3 Attorneys as some of the attorneys have limit knowledge. Best suggestions your Employer if he has good knowledge.....As they might have seen lot of cases for their employers.
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tp976
04-30 05:38 PM
thanks Jai. You are right, its probly all luck. BTW , which service center is your case pending at
more...
Dhundhun
08-29 03:44 PM
...they want to distribute them judiciously.
USCIS ... judiciously???
LOL
USCIS ... judiciously???
LOL
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Bhaskar_80
06-10 02:42 PM
Once again Thanks Mr. Glutin,
So it means, when I apply for H1B Transfer this time, I will get an H1B Visa valid till May 2012 right? Please let me know whether my assumption is right.
Also am I eligible to process my i140 through Premium Processing?
Thanks and Regards,
So it means, when I apply for H1B Transfer this time, I will get an H1B Visa valid till May 2012 right? Please let me know whether my assumption is right.
Also am I eligible to process my i140 through Premium Processing?
Thanks and Regards,
more...
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skagitswimmer
June 16th, 2005, 10:49 AM
i agree with kevin, looking at it from my work monitor. I will check at home later - there was a big difference between the 2 on your other shots from this series.
With the first shot, the zero detail black area is pretty much background and oof anyway so there is no real loss. There is enough detail where it counts - around the eyes and face to make it work. There is also really nice detail in the grey border to the black area.
The only nit I'd have, and it is just a nit, is that from where I am looking at the moment the front of the beak is very slightly oof. I suspect it could be sharpened as much as needed with the sharpening tool in CS2. You might also tone down the oof leaf in the foreground right that is a bit distracting.
I really like the play of light and shadow on the other one. If you don't mind I might play with it a bit in CS2. QJ's instructions have got me all fired up and I've been masking my way to nirvana for the past 2 weeks.
With the first shot, the zero detail black area is pretty much background and oof anyway so there is no real loss. There is enough detail where it counts - around the eyes and face to make it work. There is also really nice detail in the grey border to the black area.
The only nit I'd have, and it is just a nit, is that from where I am looking at the moment the front of the beak is very slightly oof. I suspect it could be sharpened as much as needed with the sharpening tool in CS2. You might also tone down the oof leaf in the foreground right that is a bit distracting.
I really like the play of light and shadow on the other one. If you don't mind I might play with it a bit in CS2. QJ's instructions have got me all fired up and I've been masking my way to nirvana for the past 2 weeks.
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EADplease
08-23 03:01 PM
I didn't file on July 5th but my attorney office says now they're receiving receipts for July 5th filers. Not sure if it's TSC or NSC...
I don't understand , people are started getting receipt filed in july'14th, july'16th. They are not processing July3rd through july'14th filing?.
I have sent my application on July5th to NSC. It is received by NSC at July6th.Did any one got receipts in 5th or 6th filer..
I didn't see much of filed between july'3nd through july '14th filings in this forum.
-satish
----------------------------------------------
EB2/PD-Sept'2004/I-140 Approved.
I-485 - Sent July5th.
RD - ?
AD -?
I don't understand , people are started getting receipt filed in july'14th, july'16th. They are not processing July3rd through july'14th filing?.
I have sent my application on July5th to NSC. It is received by NSC at July6th.Did any one got receipts in 5th or 6th filer..
I didn't see much of filed between july'3nd through july '14th filings in this forum.
-satish
----------------------------------------------
EB2/PD-Sept'2004/I-140 Approved.
I-485 - Sent July5th.
RD - ?
AD -?
more...
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gparr
January 5th, 2005, 06:56 AM
Like this one a lot. I agree with Queen that it would be interesting to see one of the pots colored. Might try rotating the image so the pipe on the right is vertical. 2 deg. CW did it for me. Squares up the image better. Nice shooting.
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lvinaykumar
08-15 07:54 PM
good luck with your green...
more...
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WaldenPond
06-29 09:04 AM
Hello jkays94,
Excellent post. The fear of some kind of retribution due to association or participation in standing up to put forward our grievances is something that has, in some way effected every effort for making the change. And often times, this fear is based on lack of knowledge of the system and law.
A friend of mine had sent the information about a book ‘Democracy in America’. And if I may quote from that book -
“In no country in the world has the principle of association been more successfully used, or more unsparingly applied to a multitude of different objects, than in America.”
“The most natural privilege of man, next to the right of acting for himself, is that of combining his exertions with those of his fellow-creatures, and of acting in common with them. I am therefore led to conclude that the right of association is almost as inalienable as the right of personal liberty.”
At the same time, the fear of retribution for some of the members is well understood as we all have families and responsibilities. And everybody’s perception on the level of risk involved and the capacity to take the risk for a cause/purpose is different. We ought to overcome our fears as this is a just cause and we are petitioning to bring back the fairness to the system. The system was never designed or intended to work in a way where it takes 6-12 years for people to get their employment based green cards. And as you rightly pointed out, CIR presents us all with the opportunity to fix the problem. I have lot of respect for Randallemery, who is a born citizen of US and continues to help us in this just cause.
Thank you Randallemery.
WaldenPond
Excellent post. The fear of some kind of retribution due to association or participation in standing up to put forward our grievances is something that has, in some way effected every effort for making the change. And often times, this fear is based on lack of knowledge of the system and law.
A friend of mine had sent the information about a book ‘Democracy in America’. And if I may quote from that book -
“In no country in the world has the principle of association been more successfully used, or more unsparingly applied to a multitude of different objects, than in America.”
“The most natural privilege of man, next to the right of acting for himself, is that of combining his exertions with those of his fellow-creatures, and of acting in common with them. I am therefore led to conclude that the right of association is almost as inalienable as the right of personal liberty.”
At the same time, the fear of retribution for some of the members is well understood as we all have families and responsibilities. And everybody’s perception on the level of risk involved and the capacity to take the risk for a cause/purpose is different. We ought to overcome our fears as this is a just cause and we are petitioning to bring back the fairness to the system. The system was never designed or intended to work in a way where it takes 6-12 years for people to get their employment based green cards. And as you rightly pointed out, CIR presents us all with the opportunity to fix the problem. I have lot of respect for Randallemery, who is a born citizen of US and continues to help us in this just cause.
Thank you Randallemery.
WaldenPond
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kshitijnt
07-30 08:02 AM
I do not recommend E3 visa. As non immigrant intent like F1/B1 is required on E3.
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immigrationvoice1
11-29 04:55 PM
I got my H4 stamped first and then applied for H1 while in India. Travelled to US on H4. This is the reason why I cannot work in US without stamping.
I am not too sure if USCIS would ask questions when I apply for h1B again in future through another company, about my not using my previous H1 aprooval for working in US.
The line in bold above is NOT TRUE. You can work in the USA with the approved H1B even if it is not stamped and even if you arrived using H4. All you need is a SSN along with the approved H1B to start working.
I am not too sure if USCIS would ask questions when I apply for h1B again in future through another company, about my not using my previous H1 aprooval for working in US.
The line in bold above is NOT TRUE. You can work in the USA with the approved H1B even if it is not stamped and even if you arrived using H4. All you need is a SSN along with the approved H1B to start working.
aps
01-07 12:13 AM
is it possible to get answer to this question by infopass?
JazzByTheBay
09-14 03:27 PM
Glad to know we're advertising on the radio station, as one member suggested.
Proof of what we can do collectively, and IV is really an organization driven by members, of the members, for the members, by the members.
GO IV GO!
http://morejazzbythebay.files.wordpress.com/2007/09/sanjoserallybnr4-2.jpg
SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
(San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at http://morejazzbythebay.wordpress.com (http://morejazzbythebay.wordpress.com/))
http://images.jupiterimages.com/common/detail/20/99/22609920.jpg
cheers, and see ya'll in DC!
jazz
He is the best - I am at work - but will listen to the radio.
Way to go logiclife - we are with you
Proof of what we can do collectively, and IV is really an organization driven by members, of the members, for the members, by the members.
GO IV GO!
http://morejazzbythebay.files.wordpress.com/2007/09/sanjoserallybnr4-2.jpg
SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
(San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at http://morejazzbythebay.wordpress.com (http://morejazzbythebay.wordpress.com/))
http://images.jupiterimages.com/common/detail/20/99/22609920.jpg
cheers, and see ya'll in DC!
jazz
He is the best - I am at work - but will listen to the radio.
Way to go logiclife - we are with you
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