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  • rongha_2000
    10-02 11:42 AM
    Gotcha..!! Thanks..

    No I dont plan to invoke AC21 anytime soon.

    Your assumptions are exactly right. Do you plan to invoke AC21 in near future? I think if you switch to a company who is willing to transfer your H1B, you can transfer it as well. This is what my attorney told me some time back when I was in your stage and can still avoid using EAD.

    The purpose of maintaining the backup is for safety. Even if your 485 denied, you can still have some time period left on your H1 and can look for other alternative avenues to be here legally and can restart your GC process as well. Without this H1 backup, you have a very little time to do so.

    (Though I got GC now, my H1 is valid till end of 2010 :) )




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  • obviously
    08-04 11:54 AM
    Yes, the new I-140 has the old EB3 PD on it.

    So, the I-485 itself cannot be 'ported', right? Interfiling gives the benefit of having an I-140 with a higher category (here, EB2), but an older PD (from the EB3). Right?

    What kind of 'delays' does the new I-485 application add? (Possibly a moot point ;)) New medicals (ouch!)? etc.? etc.?

    Cheers!




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  • nyckings
    10-15 03:41 PM
    Is this her first time into US? if so, i guess they are trying to make sure your h1b is still valid. Since they see that you entered on AP, it might be confusing them. I am assuming you work for the same h1 employer who also sponsored your GC. Now all attorneys have told us that the law says you can resume your h1b once you are back on AP but lot of IO's don't care about it. Now you can just send an employer/personal letter stating that you are currently in the same job for which your H1 is approved and also have a I140 pending/approved for the same. Mention that you are still on H1b while you entered using your AP. Hence you never got your H1b visa stamped at the consulate. It shouldn't be a problem unless you are trying to get H$4 via a H1b from a former employer while you are working on EAD for someone else.

    I think the same. As my latest passport shows no visa except the AP entry stamp, they are confused how did I travel to India earlier. My wife explained them that I used AP, but they still believe that a visa page is missing in the supporting docs. So they have retained the passport and asked to submit 'current copy of husband's visa'. Now I am going to write a personal letter explaining the same and attaching the original I-797 which has my I-94.




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  • imm_pro
    06-13 05:09 PM
    Going through a bill, usually in subcommittee, section by section, revising language, amending sections etc and reach a consensus



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  • Alabaman
    08-24 09:48 PM
    Start being creative first.. dont just copy some captions and come up...

    If I were you, I would read the "captions" before responding.:mad:




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  • ivar
    02-07 09:43 AM
    Congrats ivar - you are now a free man!!

    My humble request - please do contribute to the cause that held you back for so long. If not financially, then through your efforts in advocacy & legislator meetings - every little bit counts.

    GCHope2011, I haven't stopped contributing yet and planning to continue my contribution (Donation) for a while (maybe another 6 months). I have this habit of visiting IV everyday, so i am checking back today.



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  • arihant
    02-14 02:26 PM
    Hi iptel,

    Thanks for the find. I have provided the link to the 2005 report referred in the 2006 document.

    http://a257.g.akamaitech.net/7/257/2422/17feb20051700/www.gpoaccess.gov/eop/2005/2005_erp.pdf

    Look at Chapter 4 in the 2005 report. It does cover more about the TWP (temporary worker program). However, it does have some interesting statistics on the labor market and fiscal impact of immigrants, and other statistics.

    Folks preparing material to present may find some useful statistics here.




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  • snathan
    05-19 03:06 PM
    I believe that @GCFrenzy your suggestions are good. For any business visa it is definitely a basic requirement to have a letter stating all the information that you are mentioning. I had also worked for a large Indian company and my first visit to US was on B1 this was immediately after 9/11 and the client gave a very similar letter in those days however you did not go to the consulate for stamping. Also if the company can state the duration of the trip and substantiate with a return ticket the chances of approval will be much higher the duration should be less than 5-6 weeks. Issuing visa is always in good faith and at the discretion of the VO. @Nathan I think it would not be correct to generalize even though what you are saying is correct because many genuine people are affected due to the collateral a damage. Think of this many people when they applied for F1 also stated in good faith that they will return to their home countries after their studies but most of them are still here and many of them on immigration forums :).

    I am not aginst the OP or generalizing the B1 abuse. I am stating my opinion of what could be the reason behind the denial. You know, now a days even people are getting 221g for the H4 stamping. It does not matter what visa you are going for, the US consulates just looking for a execuse to reject. Not only in India, there are lot of people getting 221g in Canada, and got stuck up there.



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  • sam2006
    01-21 05:02 PM
    Concerning is most students do not know or care of these issues. All they want is to graduate find a job. Jobs are plenty thanks to 'Desi Consultants'.

    The worst part many working pros who know of these issues hardly make an effort to work on a solution.

    Either stay mum or fight for..IV members are the latter

    True

    All they care is catch a Desi Consultant and fake the resume So sad !!!!




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  • orangutan
    02-08 10:32 PM
    Some questions before I answer.

    1) Did you get married in a church or did you reserve a church for marriage?
    2) If you are not married how do you start immigration paper work?

    If you want to start paperwork, you need to get married.If you have to get married, you need to get married before March 31.If you have to get married before March 31, you need to get your marriage license before that.If you already got married why do you need license?If you are talking about marriage certificate for applying immigration, you can apply it on line.If he goes to jail on March 31st then ask him to apply for parol to come out.


    well i got marriage church, but we didn't got are license yet, because my husband have some problem in court.( he is a citzen) We'll know if he will go to jail or not in march 31.
    my question is:
    since we don't know if he will or not. I need to know if i can start my paper with the immigration?
    because if he goes to jail.. how we will do the interview if he is not here to go?
    what i can do??
    somebody can help me?:confused:



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  • mpadapa
    06-19 10:00 AM
    bump




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  • arthsidhu
    09-10 01:54 AM
    The way these companies are run is pathetic. I know a Desi employer who invested his revenues into Tollywood (Telugu) movies. :D Isn�t it amusing?

    Most of these movies flopped and he didn't have any money to pay his employees. Some one complained to DOL and they blacklisted the company preventing them from processing anymore H1's or GC's. The Desi employer eventually started another company and went into the whole crappy business again.

    American desi, the employer you are referring to is known as Netsoft previously which has a long history of employee abuse and also the abuse of the H1B visas. It changed name to HIDEF TECHNOLOGIES 17177 N Laurel Park Dr # 402, Livonia, MI 48152-3951 after some of its employees complained about it to DOL . It still exists and has come back with vengeance in abusing this H1b visas. It is located in Livonia, Michigan. So beware of this company.

    HIDEF TECHNOLOGIES
    17177 N Laurel Park Dr # 348
    Livonia, MI , 48152-3951
    Phone: 734-632-0308



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  • maximus
    11-07 12:38 PM
    Yeah uscis is pin pointing from anything to everything. Some case they are asking for client letters, which is usually tough for a consultant to get, but nothing to worry for genuine cases.




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  • eager_immi
    05-30 01:42 PM
    GC is not for you to apply it is based on the employer. Many employers wait to file in the 5th year so you do not leave the company. Also every time your job changes within the company (which is also not in your hand) your employer will re-file labor. So you could have been here like me for 9 years with a priority date on May 2005 and bc of change in job position it will become Dec 2007 and never get your green card.

    I understand if someone was stuck in BEC, we all got s****ed with that.
    But why given that the H1B is only intended to be for a maximum of 6 years would anyone leave it until the last year to apply.

    PERM has been around for a while now, and anyone approaching 6 years should have already filed PERM or be ready to leave after year 6.



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  • eb2india
    01-17 05:39 PM
    I had the same problem. I got the card valid for only 2 months instead of one year. I submitted a new application along with which I submitted all the required documents as if I was filing for a new card. Additionally I submitted the Original card which had the typo and a letter explaining the typo. I did not submit any fee. I got my new card after two months. Please go through the instructions on the EAD application which contains information about replacement card.




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  • mchhokar
    05-15 03:23 PM
    Is it ok to file H1b while L1 is on appeal.. IS USCIS ok with this fact.. Filing the visas simultaneously under two categorie?



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  • webm
    04-21 02:39 PM
    Congratulations on getting your GC !!!

    I need to ask you a question as I don't see on LUD after FP in 485. However LUD changed on my approved I-140.

    Was there any LUD on I-140 case after your FP?

    Regards

    Normally there should be a LUD on 485 after FP is done (same day/next)..




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  • HV000
    08-10 12:44 AM
    It is too early to tell if it definitely refers to us, but it is more likely that this IS referring to EB and naturalization background checks. Reasoning is like this - Background checks are required by Department of State (DOS) for issuing Visas. Department of homeland security (DHS) under which USCIS comes is responsible for those within the US. Now background checks are not conducted for issuing H1B visa etc. They are only for EB/N-400. So it is more likely they are referring us. Secondly, just two months back USCIS announced that it is going through Ombudsman's report and would be preparing a response. Last month FBI's miller came out and suggested they are happy with main file checks (which take less than 2 days to come back automatically) and USCIS is insisting of doing reference file checks and they would be keen to work with USCIS to find ways of reducing backlog processing times. Some options included they way background checks are done, and also borrowing workers from USCIS for FBI's NNC unit. Finally, when the fee increase was announced USCIS mentioned some of the money would go to reduce processing times and FBI asked for increasing the name check fee from $2 to $9 which means now that the fees increase has been implemented more resources to reduce time may be implemented.

    With scores of cases against USCIS and thousands of letters to congressmen and president and articles in NYT and WS Times, finally they may have realized that it is time they attended to the background check delays issue.

    Very good points. We should know more about this tomorrow. Hopefully they are referring to FB/EB IMMIGRATION.




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  • iamlost
    07-24 09:59 PM
    Hi all,

    My I-140 was approved 2.5 years back and I-485 was also approved more than an year back.

    But, today the status on my I-140 got changed to "REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD". I am not sure, why did they reopen the case again. I checked with my company and they assured me that they didn't revoke my I-140.

    Could anyone suggest me what's happening to my case. Has anyone seen an similar kind of an issue and suggest me how to proceed ?

    Thanks in advance !




    GotGC??
    01-08 12:03 AM
    .
    I wud just like to add that shud you travel and use your current visa your new I-94 will be stamped with date June 07. Then you have to extend you H-4 and your old approval will not be valid.

    That's not true. I've done that many times, and I'm sure many other would have done the same without affecting the newly approved petition.

    Yes, something about the "last action rule" (I don't know much about it) causes some problem when you are outside the US at the time your H1/H4 petition gets approved (in other words, you should be present in the US the day the H1/H4 gets approved) but this rule does not apply in this case because the petition has already been approved.



    These are just my thoughts. And I am not a layer.

    Do you have a basis for the statement you are making? Any references, rules, etc.?

    Have a great trip




    waitingnwaiting
    01-06 01:13 PM
    Yesterday, Rep. Darrell Issa of California introduced H.R.43 to amend the Immigration and Nationality Act to eliminate the diversity immigrant program and to re-allocate those visas (50,000) to certain employment-based immigrants who obtain an advanced degree in the United States. The bill has been referred to the House Judiciary Committee, which will be chaired by Rep. Larmar Smith of Texas. House Immigration Subcommittee will be chaired by Rep. Steve King of Iowa. The Homeland Security Committee will be chaired by another King of New York.

    http://thomas.loc.gov/cgi-bin/thomas
    H.R.43
    Latest Title: To amend the Immigration and Nationality Act to eliminate the diversity immigrant program and to re-allocate those visas to certain employment-based immigrants who obtain an advanced degree in the United States.
    Sponsor: Rep Issa, Darrell E. [CA-49] (introduced 1/5/2011) Cosponsors (None)
    Latest Major Action: 1/5/2011 Referred to House committee. Status: Referred to the House Committee on the Judiciary.



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