breddy2000
01-04 01:13 PM
Hi,
I have a serious problem and I am not sure what would be the solution. My wife came on H4 in 2001 and we applied for H1B and we got an approval which was valid until Oct 2006. But, in Mar 2006, due to some personal reasons we applied for COS from H1B to H4 and we got H4 approval which was valid until Aug 27, 2006. Before the expiry of H4 status in August 2006, we decided to apply for H1B and since her H1B was valid until Oct 2006, our attorney applied for H1B under I-539 and they didn't apply for H4 extension simultaneously. Meanwhile, while the H1B was in process, we applied for premium processing later which added few problems. We got an RFE on this case and our attorney answered it by sending appropriate docs but again we got a second RFE which is not answered yet.
Right now she is out of status and also, what will happen if her H1 is rejected and is it possible to apply for H4 right now, since it was expired in Aug 2006. If her H1 is rejected, can we apply for H4 even though her H4 was expired few months back or she has leave the country. Please help us out.
Thanks & Regards,
-- Venkat
We were in similar situation sometime ago...Take all the documentation and leave country and come back. But this can be done only upon receival of H1 1797. I would suggest wait until 1-797 is obtained and decide based on the outcome.
BTW is she working now? If not, it is always better to keep mails/communication with the company that filed H1 to show that she was maintaing status and not getting paid..
Hope this helps.
PM me if you need any further help..
I have a serious problem and I am not sure what would be the solution. My wife came on H4 in 2001 and we applied for H1B and we got an approval which was valid until Oct 2006. But, in Mar 2006, due to some personal reasons we applied for COS from H1B to H4 and we got H4 approval which was valid until Aug 27, 2006. Before the expiry of H4 status in August 2006, we decided to apply for H1B and since her H1B was valid until Oct 2006, our attorney applied for H1B under I-539 and they didn't apply for H4 extension simultaneously. Meanwhile, while the H1B was in process, we applied for premium processing later which added few problems. We got an RFE on this case and our attorney answered it by sending appropriate docs but again we got a second RFE which is not answered yet.
Right now she is out of status and also, what will happen if her H1 is rejected and is it possible to apply for H4 right now, since it was expired in Aug 2006. If her H1 is rejected, can we apply for H4 even though her H4 was expired few months back or she has leave the country. Please help us out.
Thanks & Regards,
-- Venkat
We were in similar situation sometime ago...Take all the documentation and leave country and come back. But this can be done only upon receival of H1 1797. I would suggest wait until 1-797 is obtained and decide based on the outcome.
BTW is she working now? If not, it is always better to keep mails/communication with the company that filed H1 to show that she was maintaing status and not getting paid..
Hope this helps.
PM me if you need any further help..
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reddy_h
08-01 03:30 PM
Dont worry. You should be fine. Even if they reject, you can open MTR. Good Luck!
IVFOREVER
03-06 04:10 PM
I think given the volume of name checks cleared and USCIS is working on these cases(assuming) it will move to 2001 oct MAX or the same month and move a couple of days.
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traveldoc
09-11 09:46 AM
Dosen't matter if you are on H1 or EAD documents to be sent for AP are same. Here is my list. Pls also check other posts to get a second opinion.
- A letter requesting AP explaining why you want to travel.
- $305 check
- Copy of I-140 approval
- Copy of I-485 receipt notice
- Copy of EAD
- 2 photos
- Any previous H1 approvals if applicable (dosen't hurt to include)
- A letter requesting AP explaining why you want to travel.
- $305 check
- Copy of I-140 approval
- Copy of I-485 receipt notice
- Copy of EAD
- 2 photos
- Any previous H1 approvals if applicable (dosen't hurt to include)
more...
som_yad
08-04 12:53 PM
EB3-India - RD July 16 2007.
I saw LUD on 07/27/2008 But still no luck.:mad:
I saw LUD on 07/27/2008 But still no luck.:mad:
sportsguy131
07-31 02:28 PM
Hello,
I have a question, this is about my mom's H1 B visa. Her H1B visa is about to expire in one month.(she had a maximum stay for 6 years). But my grandfather had applied for a greencard process for my mom through family based and we are 2 months away from getting the visa numbers. So Is there any way my mom can extend her H1B. She is currently working as a teacher. (There are lot of options for people who applied for Greencard process through employment, but I don't see any for family based greencard process). Any help would be really appreciated.
Thank You.
I have a question, this is about my mom's H1 B visa. Her H1B visa is about to expire in one month.(she had a maximum stay for 6 years). But my grandfather had applied for a greencard process for my mom through family based and we are 2 months away from getting the visa numbers. So Is there any way my mom can extend her H1B. She is currently working as a teacher. (There are lot of options for people who applied for Greencard process through employment, but I don't see any for family based greencard process). Any help would be really appreciated.
Thank You.
more...
franklin
07-22 09:38 PM
Let's push to achieve IV action items first!
Have you sent your 4 cards and the YouTube video?
Have you sent your 4 cards and the YouTube video?
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redcard
12-19 12:10 AM
Hi All,
One of my friend is in a bad situation, I am posting on behalf of him,
Thanks in Advance
AJ
My Friend, My Friend' Friend and Friend.. and the story goes on. I am sure you Friend has access to net and can express himself... ask him to post here and I am sure he will get ton's of first hand advise..
One of my friend is in a bad situation, I am posting on behalf of him,
Thanks in Advance
AJ
My Friend, My Friend' Friend and Friend.. and the story goes on. I am sure you Friend has access to net and can express himself... ask him to post here and I am sure he will get ton's of first hand advise..
more...
doubleyou
05-20 08:11 AM
How do we get other's in similar situation and see if IV can get some clarificationas to the status and present backlog of background check applicants.
FBI had eliminated all backlog to less than six months and what happened to USCIS continuing to process the application for cases that FBI has not responded within six months.
IV can they collect a few applicants and then look into a class action WOM. (writ of Mandamus).
FBI had eliminated all backlog to less than six months and what happened to USCIS continuing to process the application for cases that FBI has not responded within six months.
IV can they collect a few applicants and then look into a class action WOM. (writ of Mandamus).
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jack_suv
07-20 10:33 AM
Hi all,
As one reply pointed out,
AC21 portability means you retain the same green card application i.e. labor, i-140 and i-485 after 6 months of filing i-485 and i-140 is approved.
EAD is a way to get a job. Obviously using EAD is easier than filing H1.
So you can use AC21 by using H1 and still retain spouse's H4.
You can also use AC21 by using EAD but at that point your spouse's H4 is gone out of status.
As one reply pointed out,
AC21 portability means you retain the same green card application i.e. labor, i-140 and i-485 after 6 months of filing i-485 and i-140 is approved.
EAD is a way to get a job. Obviously using EAD is easier than filing H1.
So you can use AC21 by using H1 and still retain spouse's H4.
You can also use AC21 by using EAD but at that point your spouse's H4 is gone out of status.
more...
augustus
05-12 02:59 PM
Well, his job responsibilities are now more than before. I am not sure if this new position requires a masters degree.
It is the same employer but just a different job. The lawyer we have is always scared. We tried to do EB 2 about 2 years ago, she filed everything but retrieved the whole process when she felt we may have an RFE.
I don't know. I am so confused.
It is the same employer but just a different job. The lawyer we have is always scared. We tried to do EB 2 about 2 years ago, she filed everything but retrieved the whole process when she felt we may have an RFE.
I don't know. I am so confused.
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glus
02-24 12:20 PM
I filed my labor three years ago with a requirement of BS + a minimum of a one year experience (I had 4 years of US experience and 6 ys experience abroad at that time -feb 2005-).
Now that I filed I-485 more than 180 days ago and I have a job offer that pays double of what is mentioned in the Labor (which the lawyer said is not a problem) , I still have an issue and is the following: in the description mentions as requirement "BS + minimum of 5 ys experience".
My lawyer said that although I have been in U.S. working with same position and same job title for 7 ys, that to be same or similar they should require similar experience than what was required at the moment my labor was filed: ie, BS + not more than 2 years experience,... Is this true? Did anyone experience this? The employer is a big corporation and cannot change that the job description to match the minimum years of experience. The duties are 90% similar and the job title is exactly the same.
The lawyer said that after labor was filed three years ago, that we could not count from that moment on an increased experience, with that I mean the minimum years of experience of the job in 2005 was 1 (although my resume on my labor showed 10 ys of experience) and he said that we cannot say that in 2005 was a minimun one year so you could gain experience on the job and convert it into a job with a minimumn of 4 years being same or similar). HE said that the experience clock was stopped on the labor filing date ie I cannot increase the minimun experience to make a job same or similar.
Did anyone hear anything similar?
Thanks and have a great weekend!
OK, this could be a problem at the time of I485 approval. You can change a job to same or similar. If you salary is double, an IO can think that this can't possibly be "same or similar" job. Also, if the experience required for the new position is so much different, that could also raise doubts. I would suggest getting a 2nd lawyer's opinion. I remember reading memo stating that if there is a "marginal change" in salary or requirements, a job cannot be classified as similar or same, which is required to invoke Ac21.
Now that I filed I-485 more than 180 days ago and I have a job offer that pays double of what is mentioned in the Labor (which the lawyer said is not a problem) , I still have an issue and is the following: in the description mentions as requirement "BS + minimum of 5 ys experience".
My lawyer said that although I have been in U.S. working with same position and same job title for 7 ys, that to be same or similar they should require similar experience than what was required at the moment my labor was filed: ie, BS + not more than 2 years experience,... Is this true? Did anyone experience this? The employer is a big corporation and cannot change that the job description to match the minimum years of experience. The duties are 90% similar and the job title is exactly the same.
The lawyer said that after labor was filed three years ago, that we could not count from that moment on an increased experience, with that I mean the minimum years of experience of the job in 2005 was 1 (although my resume on my labor showed 10 ys of experience) and he said that we cannot say that in 2005 was a minimun one year so you could gain experience on the job and convert it into a job with a minimumn of 4 years being same or similar). HE said that the experience clock was stopped on the labor filing date ie I cannot increase the minimun experience to make a job same or similar.
Did anyone hear anything similar?
Thanks and have a great weekend!
OK, this could be a problem at the time of I485 approval. You can change a job to same or similar. If you salary is double, an IO can think that this can't possibly be "same or similar" job. Also, if the experience required for the new position is so much different, that could also raise doubts. I would suggest getting a 2nd lawyer's opinion. I remember reading memo stating that if there is a "marginal change" in salary or requirements, a job cannot be classified as similar or same, which is required to invoke Ac21.
more...
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shanti
02-24 10:35 AM
Thank you guys for your replies.
NolaIndian32: I have a question, has your lawyer used the experience previous to filing for Labor as a justification to becoming a supervisor or whatever promotion you got? or did he include the experience post labor application?
Becks/Nolaindian32
Another question, I know that for changing the employer keeping the same labor before the I-485 stage that you need to prove same or similar, if that were the case and this is my info:
I came to US in December 2000 H-1B having 5 ys of previous experience, worked for employer A in U.S. from December 2000 until November 2003, joined employer B in December 2003 (another H-1B) where I am still working, then Employer B applied for my Labor in Feb 2005. IF that was the case for the I-140 stage of same or similar, how many years of experience can I use as gained in US? The three years with my first employer or those 3 plus the year that my current employer took to apply for labor in this case it would be four?
Thank you so much in advance.
NolaIndian32: I have a question, has your lawyer used the experience previous to filing for Labor as a justification to becoming a supervisor or whatever promotion you got? or did he include the experience post labor application?
Becks/Nolaindian32
Another question, I know that for changing the employer keeping the same labor before the I-485 stage that you need to prove same or similar, if that were the case and this is my info:
I came to US in December 2000 H-1B having 5 ys of previous experience, worked for employer A in U.S. from December 2000 until November 2003, joined employer B in December 2003 (another H-1B) where I am still working, then Employer B applied for my Labor in Feb 2005. IF that was the case for the I-140 stage of same or similar, how many years of experience can I use as gained in US? The three years with my first employer or those 3 plus the year that my current employer took to apply for labor in this case it would be four?
Thank you so much in advance.
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sandy_anand
12-08 05:50 PM
"On December 4, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you."
My PD was Dec 4, 2004. EB2. Exactly 5 years from PD and over 10 years from first entry to US. Getting stuck in the BEC backlog and my wife getting stuck in India with 221(g) were among my most painful experiences through the journey. And not being able to take a fabulous offer at double my salary in 2007 hurt too.
Thanks for all the support. And congratulations again to the leaders of IV for creating a platform for Employment based GC applicants.
Feel free to contact me if you are starting high-growth businesses and need someone to bounce ideas off. And of course I am happy to help with IV initiatives to clear EB backlog.
Bpositive.
Congratulations!
My PD was Dec 4, 2004. EB2. Exactly 5 years from PD and over 10 years from first entry to US. Getting stuck in the BEC backlog and my wife getting stuck in India with 221(g) were among my most painful experiences through the journey. And not being able to take a fabulous offer at double my salary in 2007 hurt too.
Thanks for all the support. And congratulations again to the leaders of IV for creating a platform for Employment based GC applicants.
Feel free to contact me if you are starting high-growth businesses and need someone to bounce ideas off. And of course I am happy to help with IV initiatives to clear EB backlog.
Bpositive.
Congratulations!
more...
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rb_248
03-30 11:02 AM
If he is ROW EB2 he will get his greencard soon. I485 processing times are reduced to 4 months average per USCIS Director.
A former colleague of mine from B'Desh got his GC in 14 weeks.
ROW EB2 are talking in terms of weeks, not even months. We, on the other hand are talking in terms of decades, not even years.
A former colleague of mine from B'Desh got his GC in 14 weeks.
ROW EB2 are talking in terms of weeks, not even months. We, on the other hand are talking in terms of decades, not even years.
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dcrtrv27
11-14 07:32 AM
Why dont you write to your COngressman or Senator?
If possible go and meet them They will help you. or even better have your employer also write to them expalining the circumstances.
Arulz,
I did follwing things so far...
1) Wrote Congressman (Informed that I should get adjucation by 60-120days)
2) Wrote Senator,(Informed that I should get adjucation by 60-90days)
3) Wrote Ombudsman.,(Informed that I should get adjucation by 60-90days)
4) Called USCIS and raised thre SR so far.
5) Talked to IO atelast once a week since last one month. (Asked to wait for weeks everytime)
6) Had infopass past week : confirm teh case assigned to IO on Oct.17th
My background check is clear VISa is available PD ius current...Everything is ready to go....Except that sleeping IO should wait up and cleare his desk.:mad:
ONLY think now I need to do is track the IO and identify and contact him and wake him up and ask to do the needful.:D
If possible go and meet them They will help you. or even better have your employer also write to them expalining the circumstances.
Arulz,
I did follwing things so far...
1) Wrote Congressman (Informed that I should get adjucation by 60-120days)
2) Wrote Senator,(Informed that I should get adjucation by 60-90days)
3) Wrote Ombudsman.,(Informed that I should get adjucation by 60-90days)
4) Called USCIS and raised thre SR so far.
5) Talked to IO atelast once a week since last one month. (Asked to wait for weeks everytime)
6) Had infopass past week : confirm teh case assigned to IO on Oct.17th
My background check is clear VISa is available PD ius current...Everything is ready to go....Except that sleeping IO should wait up and cleare his desk.:mad:
ONLY think now I need to do is track the IO and identify and contact him and wake him up and ask to do the needful.:D
more...
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diptam
02-18 05:38 PM
I've given you the details as a personal message (PM) in IV. check that and reply me there or to my email address. I will do the best that i can legally.
Thanks,
Diptam
Thanks Pritam , can u give me u r email id so that i can share resume
Thanks,
Diptam
Thanks Pritam , can u give me u r email id so that i can share resume
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amsgc
06-10 11:39 PM
Now, that is an interesting question. I think the answer is: ambition.
I am convinced that those who don't participate in the action items simply lack ambition. If you were to ask them what their life would be like after getting the GC, I am fairly certain they would say "pretty much the same". And that is exactly the problem - they cannot imagine the doors it will open or the opportunities that will become available. For them the green card is a mere travel/work document, with some semblance of permanency. They want to "be" in America, but they don't know how to make the best by "living" in it. They will buy a house, or get a job that pays a few dollars more, but it will pretty much end there. The most ambitious of the lot will probably start a desi consulting company with other like minded losers.
You on the other hand, possibly have plans. You probably want to go back to school to learn something new. Maybe you have an idea to start a new business, or a non profit or attempt a different profession! You want to make the best of the possibilities and maximize your potential, and do things you couldn't do without the privilege to live, work and think freely.
But don't lose heart. There are many, if not all, who are with you in this initiative.
1000+ views in 8 hours but only 2 more people have called all representatives during the entire day today.
Seriously, what will it take for the rest of you to call?
I am convinced that those who don't participate in the action items simply lack ambition. If you were to ask them what their life would be like after getting the GC, I am fairly certain they would say "pretty much the same". And that is exactly the problem - they cannot imagine the doors it will open or the opportunities that will become available. For them the green card is a mere travel/work document, with some semblance of permanency. They want to "be" in America, but they don't know how to make the best by "living" in it. They will buy a house, or get a job that pays a few dollars more, but it will pretty much end there. The most ambitious of the lot will probably start a desi consulting company with other like minded losers.
You on the other hand, possibly have plans. You probably want to go back to school to learn something new. Maybe you have an idea to start a new business, or a non profit or attempt a different profession! You want to make the best of the possibilities and maximize your potential, and do things you couldn't do without the privilege to live, work and think freely.
But don't lose heart. There are many, if not all, who are with you in this initiative.
1000+ views in 8 hours but only 2 more people have called all representatives during the entire day today.
Seriously, what will it take for the rest of you to call?
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yabadaba
09-26 05:21 PM
Hello,
I am in serious trouble. Sometime ago I tried to switch my I-140 from EB3 to EB2. Now I get NOID to deny 140. Something related to prevailing wage (lawyer has actual letter). In my LC the offered wage was OK for EB3 but low for EB2. Lawyer says he'll try to reinstate EB3, but not sure. Has any one of you been able to reinstate EB3 140? Please help...
this is good stuff. hopefully they have more of these noids so that people can stop this insanity with switching categories, priority dates, labor substitution and exploiting the system.
I am in serious trouble. Sometime ago I tried to switch my I-140 from EB3 to EB2. Now I get NOID to deny 140. Something related to prevailing wage (lawyer has actual letter). In my LC the offered wage was OK for EB3 but low for EB2. Lawyer says he'll try to reinstate EB3, but not sure. Has any one of you been able to reinstate EB3 140? Please help...
this is good stuff. hopefully they have more of these noids so that people can stop this insanity with switching categories, priority dates, labor substitution and exploiting the system.
coolmanasip
06-04 12:54 PM
considering the sensitivity, I don't think they will drag this more than what they need to......I think we will see a vote on Thu or Friday this week.........all eyes on ammendments!!!
raamskl
07-22 09:43 PM
Read the last paragraph here:
http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf
Thanks for the link. That clarifies that the new package fee of $1010 encompasses the EAD/AP renewal for the life of 485. If one had used the old fee structure then the new fee for I 765 (EAD) - $ 340 and I 131 Advance Parole - $ 305.
I would think that if you pay $645 (EAD and AP) for the renewal that would also be good for the life of the 485, though the link doesn't explicitly state that. Does anyone have any more info on that?
Thanks.
http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf
Thanks for the link. That clarifies that the new package fee of $1010 encompasses the EAD/AP renewal for the life of 485. If one had used the old fee structure then the new fee for I 765 (EAD) - $ 340 and I 131 Advance Parole - $ 305.
I would think that if you pay $645 (EAD and AP) for the renewal that would also be good for the life of the 485, though the link doesn't explicitly state that. Does anyone have any more info on that?
Thanks.
