Winner
04-21 12:28 PM
If I485 is denied for wrong reason (due to USCIS error), I understand that the applicant and attorney can file a MTR, but during the time till the case is reopened again, is it legal for the employee to work on EAD?
My assumption here is once the denial notice is received, it may take few weeks/months to gather the necessary information, send it to USCIS and then the case gets reopened.
My assumption here is once the denial notice is received, it may take few weeks/months to gather the necessary information, send it to USCIS and then the case gets reopened.
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alkg
10-09 07:09 PM
I filed I485/EAD/AP on 2nd July but no result till date.I Called USCIS Today also and my information is still not in their database.
It is really frustrating ..........................
:(:mad:
It is really frustrating ..........................
:(:mad:
LostInGCProcess
11-10 11:40 PM
Thanks again for the reply and wishes!!
Also sorry for another question as I forgot to mention this earlier.
My new H1B has more than 6 months of validity period.
One thing which I forgot to mention earlier is that when new Employer "B" did the H1B transfer (June 2007) from Employer "A" - the I-797 receipt # of Employer "B" came out of to be different from I-797 receipt # of Employer "A"?
Shouldn't the I-797 receipt #'s for Employer "A" and Employer "B" should be SAME as it's just an H1B transfer???
Employer "A" I-797 receipt #:
EAC - XXX-XXXX
I-797 valid : 0ct' 2009
Employer "B" I-797 receipt #:
WAC - XXX-XXXX
I-797 valid: June' 2010
As I-797 receipt # gets printed on the H1B visa in the Passport, does having a different I-797 receipt # (of Employer "B") affects anything at port of entry?
Appreciate your help!
Of course the receipt number would be different, because each H1 application is treated as a new application, regardless of whether its a transfer or new. So, they are identified uniquely.
As I-797 receipt # gets printed on the H1B visa in the Passport, does having a different I-797 receipt # (of Employer "B") affects anything at port of entry?
No, at port of entry, you show the new H1 and you get the new I-94 with an expiry date that's on the H1...which would be June 2010. Remember, The I-94 (Arrival-Departure Record) shows the date you arrived in the United States and the “Admitted Until” date—that is the day your authorized period of stay expires, usually its the expiry date what's on your H1.
So, even though your visa may expire after some time, you are legal to stay till the date mentioned on the I-94. I hope its clear to you.
Good Luck!!!
Also sorry for another question as I forgot to mention this earlier.
My new H1B has more than 6 months of validity period.
One thing which I forgot to mention earlier is that when new Employer "B" did the H1B transfer (June 2007) from Employer "A" - the I-797 receipt # of Employer "B" came out of to be different from I-797 receipt # of Employer "A"?
Shouldn't the I-797 receipt #'s for Employer "A" and Employer "B" should be SAME as it's just an H1B transfer???
Employer "A" I-797 receipt #:
EAC - XXX-XXXX
I-797 valid : 0ct' 2009
Employer "B" I-797 receipt #:
WAC - XXX-XXXX
I-797 valid: June' 2010
As I-797 receipt # gets printed on the H1B visa in the Passport, does having a different I-797 receipt # (of Employer "B") affects anything at port of entry?
Appreciate your help!
Of course the receipt number would be different, because each H1 application is treated as a new application, regardless of whether its a transfer or new. So, they are identified uniquely.
As I-797 receipt # gets printed on the H1B visa in the Passport, does having a different I-797 receipt # (of Employer "B") affects anything at port of entry?
No, at port of entry, you show the new H1 and you get the new I-94 with an expiry date that's on the H1...which would be June 2010. Remember, The I-94 (Arrival-Departure Record) shows the date you arrived in the United States and the “Admitted Until” date—that is the day your authorized period of stay expires, usually its the expiry date what's on your H1.
So, even though your visa may expire after some time, you are legal to stay till the date mentioned on the I-94. I hope its clear to you.
Good Luck!!!
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digitalborealis
01-10 06:22 AM
No I am not a research fellow. Just Telecomm Engineer who has Master's Degree from US. I just interpreted Research Item in 221G Green Document as my Thesis work and explained it in the research statement along with the other documents.
D
D
more...
reddog
04-17 12:26 PM
This is a poignant question for everyone. Any experts that know the law and psychology and the theory of standing in line please answer.
Let me also add one more question. I have a pet that I am bringing from abroad. Which line should the pet stand in? I do not want the IO at Port of entry to call my employer and ask if he tried to find US citizen pets for me .
Pets are considered cargo. They do not need visas to enter the US.
Let me also add one more question. I have a pet that I am bringing from abroad. Which line should the pet stand in? I do not want the IO at Port of entry to call my employer and ask if he tried to find US citizen pets for me .
Pets are considered cargo. They do not need visas to enter the US.
cyber
08-10 04:56 PM
what's your plan posting this information ????
more...
anzerraja
07-20 03:33 AM
Lately the members of IV have come to know that Aman Kapoor, the co-founder of IV has sold his house and spent around $64000/- towards the administrative costs of IV. This too was brought to our attention from a regular member like you and me, without which this would not have come to our knowledge at all.
So some of the members have taken an initiative to reimburse Aman and other core IV team members with the expenses they have incurred so far towards the administrative costs of IV. Note that the time they have spent and the sufferings cannot be compensated. Let us do the least by atleast compensating the money. Please do not donate directly to IV funds.
There is a funding drive in this other thread towards reimbursing the administrative costs of IV.
http://immigrationvoice.org/forum/showthread.php?t=10708
Could you please pledge an amount ?
So some of the members have taken an initiative to reimburse Aman and other core IV team members with the expenses they have incurred so far towards the administrative costs of IV. Note that the time they have spent and the sufferings cannot be compensated. Let us do the least by atleast compensating the money. Please do not donate directly to IV funds.
There is a funding drive in this other thread towards reimbursing the administrative costs of IV.
http://immigrationvoice.org/forum/showthread.php?t=10708
Could you please pledge an amount ?
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HRPRO
02-22 04:46 PM
Jagan,
i am really soory about your predicament. I agree with you, the guys working at the embassy here need a lot of help. Hope you get your issues resolved soon.
HRPRO
i am really soory about your predicament. I agree with you, the guys working at the embassy here need a lot of help. Hope you get your issues resolved soon.
HRPRO
more...
arihant
05-06 04:10 PM
Additional Resources to Eliminate Backlog by Sep 2007
The DOL reports that they are "scaling up" resources dedicated to the elimination of backlog cases. Their stated deadline for eliminating the backlog is September 30, 2007. Based on what we at the Murthy Law Firm are experiencing, they are going to have to really increase their efforts, particularly in Pennsylvania, to meet this goal. They note that the work at the BPCs cannot be compared to the PERM case processing, since backlog cases receive full review, whereas the PERM cases are based upon attestations and primarily are technology-driven.
The DOL reports that they are "scaling up" resources dedicated to the elimination of backlog cases. Their stated deadline for eliminating the backlog is September 30, 2007. Based on what we at the Murthy Law Firm are experiencing, they are going to have to really increase their efforts, particularly in Pennsylvania, to meet this goal. They note that the work at the BPCs cannot be compared to the PERM case processing, since backlog cases receive full review, whereas the PERM cases are based upon attestations and primarily are technology-driven.
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immi_enthu
08-28 11:28 AM
According to the legal assistant:
Traditional Labor:
Incase of substitution the beneficiary has to sign the approved labor. Otherwise it is not required.
PERM: Requires beneficiary's signature.
Thanks bond65
Traditional Labor:
Incase of substitution the beneficiary has to sign the approved labor. Otherwise it is not required.
PERM: Requires beneficiary's signature.
Thanks bond65
more...
ngopalak
05-15 07:12 PM
The reason for my saying so....this election is different from others. Very tight race and either party do not want to pass any bill that would negatively affect the results.
Our problem is the least of the problems the country is facing right now.
They would pass bill which would stimuate economy not help EB3 folks(who already have EADs) to get GC and make them sleep easily.
So let us be patient. Even if we get GCs...it is not useful for either parties....because we cannot vote.
Secondly, GOVT would lose EAD renewal, AP revenue etc.
So let us get out the illusion that our bills would be passed....it is not going to help the ailing economy. It might help lawyers to earn some good bucks.
====
I disagree...
In the United States, anything is possible...even if we don't have votes, this is a society that is run on money. If we are able to raise enough funds, we can cause many things to happen (like support candidate's for elections that are pro-immigration).
Again this is the "Land of the brave"....
Our problem is the least of the problems the country is facing right now.
They would pass bill which would stimuate economy not help EB3 folks(who already have EADs) to get GC and make them sleep easily.
So let us be patient. Even if we get GCs...it is not useful for either parties....because we cannot vote.
Secondly, GOVT would lose EAD renewal, AP revenue etc.
So let us get out the illusion that our bills would be passed....it is not going to help the ailing economy. It might help lawyers to earn some good bucks.
====
I disagree...
In the United States, anything is possible...even if we don't have votes, this is a society that is run on money. If we are able to raise enough funds, we can cause many things to happen (like support candidate's for elections that are pro-immigration).
Again this is the "Land of the brave"....
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GetGC08
07-30 06:29 PM
Hello,
I just received RFE for I-140.
I-140 Details:
I have applied I-140 under EB2 India.
I have BS(3 years) with computer science & MCA(MS 3 years) in computer science. So total 6 years of education in computer science(3 yrs BS + 3 yrs MS).
Also I have 1.5 years(18 months) of experience after completing my MS. I have submitted my experience letter at the time of filling labor But USCIS didn't ask anything regarding experience.
In labor(PERM) we mentioned Masters required
& Major field of study is Computers.
Do I qualify for EB2?? Plz let me know.
RFE details:
1) Degree evaluation(what's the procedure?)
&
2) They want most recent W2 for 2007.
In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.
In labor(PERM) prevailing wage mentioned is $63K & offered wage mentioned is $65K.
Difference between W2 & Prevailing wage in labor(PERM) is $4000($63K - $59K).
Difference between W2 & Offered wage in labor(PERM) is $6000($65K - $59K).
Is this a serious problem???
My labor already got approved.
My company is financially very good.
Now which wage USCIS consider or match with W2??
I will really appreciate your response.
Thanks.
I just received RFE for I-140.
I-140 Details:
I have applied I-140 under EB2 India.
I have BS(3 years) with computer science & MCA(MS 3 years) in computer science. So total 6 years of education in computer science(3 yrs BS + 3 yrs MS).
Also I have 1.5 years(18 months) of experience after completing my MS. I have submitted my experience letter at the time of filling labor But USCIS didn't ask anything regarding experience.
In labor(PERM) we mentioned Masters required
& Major field of study is Computers.
Do I qualify for EB2?? Plz let me know.
RFE details:
1) Degree evaluation(what's the procedure?)
&
2) They want most recent W2 for 2007.
In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.
In labor(PERM) prevailing wage mentioned is $63K & offered wage mentioned is $65K.
Difference between W2 & Prevailing wage in labor(PERM) is $4000($63K - $59K).
Difference between W2 & Offered wage in labor(PERM) is $6000($65K - $59K).
Is this a serious problem???
My labor already got approved.
My company is financially very good.
Now which wage USCIS consider or match with W2??
I will really appreciate your response.
Thanks.
more...
house #39;Jersey Shore#39; Italy edition:
senk1s
09-23 12:22 PM
there is a posting on immigration-law.com stating 2 yr EAD is for i140 approved applicants only - but that is not true in our case
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apb
09-11 02:47 PM
I also know one more with PD dec/03 and waiting
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snathan
05-23 03:44 PM
I am on H1 since 2005 and renewed last year and it is valid till april 2010.
Last year i joined directly to the client and they are processing my GC.
When they hired me they gave me list of projects and future plans for more then 5 years but this work is not IT driven and manufacutring in having late back attitude so my fear is if there are not projects in the future i may loose the job then at that point i will have very little time to get my labour approves abd re start the process...
So as back up i want to have a labour approve based on future employment and if possible have 140 processed.
guide me if this is not the correct thing to do...
regards
I guess you can have two GC process. but only at the time of 485, you need to decide which one to go. But I am not very sure about this.
Last year i joined directly to the client and they are processing my GC.
When they hired me they gave me list of projects and future plans for more then 5 years but this work is not IT driven and manufacutring in having late back attitude so my fear is if there are not projects in the future i may loose the job then at that point i will have very little time to get my labour approves abd re start the process...
So as back up i want to have a labour approve based on future employment and if possible have 140 processed.
guide me if this is not the correct thing to do...
regards
I guess you can have two GC process. but only at the time of 485, you need to decide which one to go. But I am not very sure about this.
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njboy
06-08 09:14 PM
There is a big difference between first class and economy class travel, and preventing a spouse who has already exhibited intent to immigrate from working for a very long time if they dont pay $1000.00 for premium processing of I-130. This is the reason I quoted the examples. Im not saying this from a "commie" point of view that everyone should own a Lada. While it is true that the employers should pay for premium processing, many people end up paying for it themselves, maybe in the form of reduced bonuses, or something else. Imagine what will happen when BCIS is swamped. We, desperate for a resolution for our problems, will end up cajoling our employers to drop a thousand dollars here for I-130 premium processing, another 1000 dollars for H1B premium processing because it already takes 5-6 months during regular processing. All Im saying is, fix the problem instead of finding band-aids.
more...
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bitzbytz
12-05 02:36 PM
Hi,
I have my AP approved and H1B approved until 2010 but have an expired H1B Visa and I plan to extend my H1B visa some time next year.
I am planning on some business trips and would like to re-enter US multiple times using my Advance parole. Any issues with this?
Once I re enter using AP, can I go back to India and apply for H1B visa extension based on the approved H1B.
Appreciate your responses on this.
Thanks,
Bitz
I have my AP approved and H1B approved until 2010 but have an expired H1B Visa and I plan to extend my H1B visa some time next year.
I am planning on some business trips and would like to re-enter US multiple times using my Advance parole. Any issues with this?
Once I re enter using AP, can I go back to India and apply for H1B visa extension based on the approved H1B.
Appreciate your responses on this.
Thanks,
Bitz
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GC9180
06-19 05:52 PM
same rules apply to medical center. If you donot have MMR how can they give one shot and then give the medical report when another dose is pending next month.
Does that mean those who get MMR shot at medical center have one more pending ...but got their report in advance????
Does that mean those who get MMR shot at medical center have one more pending ...but got their report in advance????
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ALLYYU
08-16 10:13 AM
Does anyone have any idea what the code stands for.
485 RD 7/2
ND 7/30
FP date 8/28 for both me any my husband
FP code 3
485 RD 7/2
ND 7/30
FP date 8/28 for both me any my husband
FP code 3
tinamatthew
07-20 09:49 AM
What happens if I get my EAD after 180 days of concurrent filing i-140 & i-485, and my employer no longer has a vacancy for me. Can I start at another job or do I have to refile the i-140. (I'm not presently working for the company yet)
Aah_GC
08-28 11:12 PM
I have had the same problem. I have contributed $700 so far, but any attempts to access donor forum was just left to emails where Pappu would point to some other guy. This guy would mess up my profile and I would be left with interupted access to even my non-donor profile.
The moment I cancelled monthly contribution off, I got an email and then some prompt follow ups. I explained my case and got a phone number to follow up which I did not call. Why should I?
I understand this site is not run by dedicated professionals, but what about folks who have contributed not just in terms of money but by participating, acting on action items, promoting IV? Why cant you just give access to donor forums to folks who contributed in excess of atleast $500? (just to satiate my selfish limit)?
The moment I cancelled monthly contribution off, I got an email and then some prompt follow ups. I explained my case and got a phone number to follow up which I did not call. Why should I?
I understand this site is not run by dedicated professionals, but what about folks who have contributed not just in terms of money but by participating, acting on action items, promoting IV? Why cant you just give access to donor forums to folks who contributed in excess of atleast $500? (just to satiate my selfish limit)?
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