ivgclive
12-16 09:33 AM
What profession have you applied under EB2?
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vin69
02-10 07:21 AM
Hi ,
Does it impact I140 processing if i am outside US and worked with same employer in India ?
I have left for india assignment after concurrent filing (I 485 + I 140)
for 4 weeks and joined back in US for different assignment last year after July filings.
But i have maintained my old residence status and applied for change of address when i came on different assignment and loaction in US.
Has any one experienced similar situation ?
Does on US payroll becoming inactive for some duration ( in my case 4 weeks) make the I40 processing questionable ?
Can anyone advise ?
Thanks in advance,
Vin69
Does it impact I140 processing if i am outside US and worked with same employer in India ?
I have left for india assignment after concurrent filing (I 485 + I 140)
for 4 weeks and joined back in US for different assignment last year after July filings.
But i have maintained my old residence status and applied for change of address when i came on different assignment and loaction in US.
Has any one experienced similar situation ?
Does on US payroll becoming inactive for some duration ( in my case 4 weeks) make the I40 processing questionable ?
Can anyone advise ?
Thanks in advance,
Vin69
kdd
08-24 08:34 PM
Oh, so it was what skOOb said. Thanks guys! :)
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jkiran
11-23 05:01 PM
Hey Friends,
I got an I-485 interview in next month. I have few questions...
I have the two issues....
1)Selling tobaco to Minor,happened in 2002(when I was helping one of my friend who is running a Convenience store,by mistake I handed Over a pack of cigarett without asking his ID.Unfortunately he was one of the Kid arranged purposefully by the department people who checks on toboco sale to Minors)
2)retail theft happened in 2005(when we went to walmart with our 4 year old daughter,we did not see a considerbly small toy in her hands,while we are making payment to the other stuff we bought)
Both the Incidents occured accidentally,we did not do anything purposefully.Both the cases were dismissed as Nolle proscue. the 2nd case was expunged too .I do have the documents stating that they are dismissed and 2nd case was expunged.If you want to have a look at them,
And also i pointed in I-485 application---No in the field of cases....
can you guys suggest me,if anybody have the similar situvation...
-Thanks
Rama
I got an I-485 interview in next month. I have few questions...
I have the two issues....
1)Selling tobaco to Minor,happened in 2002(when I was helping one of my friend who is running a Convenience store,by mistake I handed Over a pack of cigarett without asking his ID.Unfortunately he was one of the Kid arranged purposefully by the department people who checks on toboco sale to Minors)
2)retail theft happened in 2005(when we went to walmart with our 4 year old daughter,we did not see a considerbly small toy in her hands,while we are making payment to the other stuff we bought)
Both the Incidents occured accidentally,we did not do anything purposefully.Both the cases were dismissed as Nolle proscue. the 2nd case was expunged too .I do have the documents stating that they are dismissed and 2nd case was expunged.If you want to have a look at them,
And also i pointed in I-485 application---No in the field of cases....
can you guys suggest me,if anybody have the similar situvation...
-Thanks
Rama
more...
himu73
07-03 10:34 AM
If for a moment we say USCIS has really increased the processing rate and more people are getting green cards which we see is the case. It may signal that on Oct 1st,2007 dates will move ahead of what was the scenario in May visa bulletin.
If we forget the mistake they did in July bulletin and see the brighter side that they process faster, we should hold back our applications now and wait for the scenario on Oct 1st 2007, which would be hopefully a give a good realistic forward movement in dates. Since receipt date is important we should not get emotional and send in the application. This is just a thought.
Making Current in July was anyway like a lottery which denied all calculations based on pending cases.Before getting into law suits and protests which are also needed we have to take stock of all the implications and whether we really can provide 100% to these efforts.
From the posts coming since yesterday, most of the members are agitated and it seems we fail to realize that this event itself was a miscalculation and all of us were trying to get benefit of it considering the long waits we have endured for just getting a chance to file AOS.
We also knew that even if the applications are accepted there was no way we can get our green cards for a long time. AC21 and EAD for spouse was the main aim of many applicants.
This is really a sad story of people who have sacrificed career prospects, faced family separation, made important decisions like marraige.
Hope this post makes sense and we take a step back and reconsider our actions. This is not out of fear but past experience of lawsuits explained in other posts.
If we forget the mistake they did in July bulletin and see the brighter side that they process faster, we should hold back our applications now and wait for the scenario on Oct 1st 2007, which would be hopefully a give a good realistic forward movement in dates. Since receipt date is important we should not get emotional and send in the application. This is just a thought.
Making Current in July was anyway like a lottery which denied all calculations based on pending cases.Before getting into law suits and protests which are also needed we have to take stock of all the implications and whether we really can provide 100% to these efforts.
From the posts coming since yesterday, most of the members are agitated and it seems we fail to realize that this event itself was a miscalculation and all of us were trying to get benefit of it considering the long waits we have endured for just getting a chance to file AOS.
We also knew that even if the applications are accepted there was no way we can get our green cards for a long time. AC21 and EAD for spouse was the main aim of many applicants.
This is really a sad story of people who have sacrificed career prospects, faced family separation, made important decisions like marraige.
Hope this post makes sense and we take a step back and reconsider our actions. This is not out of fear but past experience of lawsuits explained in other posts.
Munna Bhai
12-03 05:42 AM
Hi friends,
I planning to change my employer after 180days and I want go for the fulltime by using my EAD because my I-485 will take next 3 or 4 years (PD May-2007). My present H1 is still Oct 2008 (labor and I-140 cleared).
1. What are the chances for rejecting my I-485 file?
Ans:Very less unless you violated any status or any law.
2. If my I-485 file rejected after my H1 expired (EAD using) ?
Ans:You are out of status, switch to in-status, like B1.
3. How to settle out this ? Do I need to go back india?
Ans:Yes, you need to go back and come on fresh H1.
Seniors please provide me suggestions.
Overall, enjoy the stay in EAD and don't worry much about what happens at I-485.
I planning to change my employer after 180days and I want go for the fulltime by using my EAD because my I-485 will take next 3 or 4 years (PD May-2007). My present H1 is still Oct 2008 (labor and I-140 cleared).
1. What are the chances for rejecting my I-485 file?
Ans:Very less unless you violated any status or any law.
2. If my I-485 file rejected after my H1 expired (EAD using) ?
Ans:You are out of status, switch to in-status, like B1.
3. How to settle out this ? Do I need to go back india?
Ans:Yes, you need to go back and come on fresh H1.
Seniors please provide me suggestions.
Overall, enjoy the stay in EAD and don't worry much about what happens at I-485.
more...
wandmaker
04-28 08:55 AM
Hello
I am on H1 and 3 months back i came to US.After one month i applied for SSN,but still didnt get that.
when i went to SS office for enquiry 1 week back, they told me that my immigration verification was not done yet. so i had to wait.
can anyone help me with this.
how many days will it took to complete the process??
is there any other way around........
please answer me ASAP.
It usually takes 8 weeks tops to complete (after all dig deeeeeeeep checks). Does your first & last name match on passport, 797 and I-94? - this is one of reasons for delay in issuing a SSN. My 2C
I am on H1 and 3 months back i came to US.After one month i applied for SSN,but still didnt get that.
when i went to SS office for enquiry 1 week back, they told me that my immigration verification was not done yet. so i had to wait.
can anyone help me with this.
how many days will it took to complete the process??
is there any other way around........
please answer me ASAP.
It usually takes 8 weeks tops to complete (after all dig deeeeeeeep checks). Does your first & last name match on passport, 797 and I-94? - this is one of reasons for delay in issuing a SSN. My 2C
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iam_amit
10-02 12:17 AM
I need URGENT HELP!!
I have filed my I140 in jan 2008, I have PD of NOV 2007. I have bachelor's degree (4 years) + 7 years on same field exp.
My I140 got denial 10 days back with reason that "LC specifies a bachelor's degree + 3 years in an alternative occupation is an acceptable combination of education and experiance for the position offered. Therefore, the JOB offer portion of LC does NOT demonstrate that the job requires a professional holding an advanced degree or equivalent."
So basically in my PERM my lawyer had made mistake and it did not reflect EB2. BUT I 140 which we had filled was for EB2(which is true for my qualification + exp).
Can anyone recommmed,
1)what actions can be taken to reserve my PD of NOV 2007.
2) Are changes in PERM allowed after nearly a year to reflect JOB requirement as EB2.
3) What should be the best solution to my problem...
Laywers mistake i have to suffer....can I sue my laywer.
I have filed my I140 in jan 2008, I have PD of NOV 2007. I have bachelor's degree (4 years) + 7 years on same field exp.
My I140 got denial 10 days back with reason that "LC specifies a bachelor's degree + 3 years in an alternative occupation is an acceptable combination of education and experiance for the position offered. Therefore, the JOB offer portion of LC does NOT demonstrate that the job requires a professional holding an advanced degree or equivalent."
So basically in my PERM my lawyer had made mistake and it did not reflect EB2. BUT I 140 which we had filled was for EB2(which is true for my qualification + exp).
Can anyone recommmed,
1)what actions can be taken to reserve my PD of NOV 2007.
2) Are changes in PERM allowed after nearly a year to reflect JOB requirement as EB2.
3) What should be the best solution to my problem...
Laywers mistake i have to suffer....can I sue my laywer.
more...
milestogo
03-31 01:27 AM
I would suggest to apply for the extension now and atleast carry a application receipt with you. And if you are planning to enter the county in July - Sug time, frame, I would suggest that you carry the approval notice as well.
I had the same issue with H1B. Even through my H1B was valid but it was expiring within a months time when I was re entering US after a business trip. I was suggested by my lawer to carry the H1B extension approval notice.
I had the same issue with H1B. Even through my H1B was valid but it was expiring within a months time when I was re entering US after a business trip. I was suggested by my lawer to carry the H1B extension approval notice.
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tempgc
11-05 02:49 PM
Thanks a lot
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a_yaja
01-02 12:06 PM
Hi,
I am on H1 and may have to use EAD in couple of months. What would be the status of my son (he is on H4) if I use EAD? We filed 485 in July 2007.
Thanks,
ratsek
If you filed for I-485 for your son as well then he is in Adjustment of Status (AOS), otherwise he may be out of status once you start using your EAD. Talk to an attorney if you have not filed for AOS for your son and plan to use EAD.
I am on H1 and may have to use EAD in couple of months. What would be the status of my son (he is on H4) if I use EAD? We filed 485 in July 2007.
Thanks,
ratsek
If you filed for I-485 for your son as well then he is in Adjustment of Status (AOS), otherwise he may be out of status once you start using your EAD. Talk to an attorney if you have not filed for AOS for your son and plan to use EAD.
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sanjaymk
07-22 09:34 AM
Hi,
I am in the same situation, I called my lawyer and he mentioned that there is no problem legally, but the issue is incase they need some clarification from you and you are not in US then it would be an issue as the time frame is very short.
I am going to canada for my stamping, so he said it might not be an issue.
Sanjay.
I am in the same situation, I called my lawyer and he mentioned that there is no problem legally, but the issue is incase they need some clarification from you and you are not in US then it would be an issue as the time frame is very short.
I am going to canada for my stamping, so he said it might not be an issue.
Sanjay.
more...
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JazzByTheBay
11-28 11:47 AM
I visited the country first ~8 yrs ago as a visitor. I got a job offer from a desi company and they filed for my H1. I was never informed about status of the H1 petition. I was informed I am in status and it was OK to stay longer than the time allowed by my I-94 (in a visitor status).
In the process, I ended up staying about 10 days longer, but then I returned to India, and came back after a couple of months, again as a visitor.
Now I'm on a H1B (8th year) with I-140 approved, but haven't traveled at all, and would like to get a visa issued/stamped in my passport.
I have since lost touch with that employer and they don't seem to be in business any more, nor can the owner be contacted.
I recently learnt from someone that the petition was in fact approved.
I called USCIS, and I was told the employer who filed the petition can file a form (I-824?) to get a duplicate copy, but they need to attach a copy of the original as proof!! *Or I can file a request under Freedom of Information Act*, they're not sure how long that'll take to get processed.
Questions:
1) Will the overstay become a problem? I do not have any documentation of the filing/status/approval of the H1 petition filed at that time.
2) How else can I get a copy of the Approval Notice to prove I wasn't out of status during the less than 2 weeks of overstay about 8 years ago?
3) Will this become a problem with my I-485 (whenever that will be filed with a PD of early 2006)?
Thanks,
Jazz
In the process, I ended up staying about 10 days longer, but then I returned to India, and came back after a couple of months, again as a visitor.
Now I'm on a H1B (8th year) with I-140 approved, but haven't traveled at all, and would like to get a visa issued/stamped in my passport.
I have since lost touch with that employer and they don't seem to be in business any more, nor can the owner be contacted.
I recently learnt from someone that the petition was in fact approved.
I called USCIS, and I was told the employer who filed the petition can file a form (I-824?) to get a duplicate copy, but they need to attach a copy of the original as proof!! *Or I can file a request under Freedom of Information Act*, they're not sure how long that'll take to get processed.
Questions:
1) Will the overstay become a problem? I do not have any documentation of the filing/status/approval of the H1 petition filed at that time.
2) How else can I get a copy of the Approval Notice to prove I wasn't out of status during the less than 2 weeks of overstay about 8 years ago?
3) Will this become a problem with my I-485 (whenever that will be filed with a PD of early 2006)?
Thanks,
Jazz
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njboy
12-26 09:21 AM
we are all here for a little green square..its not green colored any longer, and is more rectangular than a square..its called a permanent resident card..
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shreekhand
06-12 11:47 AM
Absolutely no problem. (assuming you visit is not very long - greater than six months and your GC gets approved as soon as you leave).
You can return using your AP as some suggest. Be mindful not to show any non-immigrant visa ( H1, L1, B1 etc.) as that might be construed as abandoning LPR status. If you do not have a GC, some have been given deferred inspection (to prove your status in a local USCIS office at a later date). Another option is for someone to collect your GC and mail it with a reliable service abroad (FedEX etc.) - in anticipation of some disagreement, this is perfectly legal - it is not a passport and is a entry document not a departure doc.
You can return using your AP as some suggest. Be mindful not to show any non-immigrant visa ( H1, L1, B1 etc.) as that might be construed as abandoning LPR status. If you do not have a GC, some have been given deferred inspection (to prove your status in a local USCIS office at a later date). Another option is for someone to collect your GC and mail it with a reliable service abroad (FedEX etc.) - in anticipation of some disagreement, this is perfectly legal - it is not a passport and is a entry document not a departure doc.
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sbmallik
06-30 01:24 PM
You may have to pay income taxes at both the places.
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zram1977
09-15 11:05 PM
Guys,
I found some new information and it seems that few people who are still waiting may get some clue if not complete idea. Basically I found that when your PD is current the the IO will initiate the FP, Namecheck, IBIS check again when your AOS is in "Final Approval, Visa Available" state. Some IOs would just refresh the FP they have on file and some request another . But namecheck is something that you have to go through again. So if you get stuck in namecheck again, then that could be the reason for the delay since NC takes forever.
Can you please share the source of this info?
Is it a learned experience or from a published source ?
Any info is highly appreciated.
Thanks
I found some new information and it seems that few people who are still waiting may get some clue if not complete idea. Basically I found that when your PD is current the the IO will initiate the FP, Namecheck, IBIS check again when your AOS is in "Final Approval, Visa Available" state. Some IOs would just refresh the FP they have on file and some request another . But namecheck is something that you have to go through again. So if you get stuck in namecheck again, then that could be the reason for the delay since NC takes forever.
Can you please share the source of this info?
Is it a learned experience or from a published source ?
Any info is highly appreciated.
Thanks
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desp_gc
03-12 08:02 PM
I recently got married. My is currently on H1 and is currently in US. Will my wife's I-485 be returned as the priority date is not current I am in EB3 priority date is Mar 2002. Anybody in similar situation as me..please post...
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immigrationmatters30
09-07 12:11 PM
Well it looks like DOS is saying that court has no authority to ask DOS to do anything.
surabhi
08-01 01:54 PM
My employer has asked me to take care of our office in India. I am on H1B that will expire in 2011. We have decided for me to spend 2 months in India and one month in US. The plan is to reenter US on H1B since it will still be valid.
I also have a pending 485 and i am going to let my EAD and AP timeout and stick to H1B.
Now, the question is: will this be a problem? Is there a limitation on how long an H1B holder stay outside the US while continuing to maintain status?
I am going to be travelling back to India soon but have already spent more than 5 months in india this year (onver three trips) and am wondering if there will be a problem when i come back in november.
I cant find anything on the net no this.
There is no problem. I had to do it for same reason i had to work 2-3 months in 2 instances. And for the final time, it was 15 month offshore India assignment. No problems at all.
I also have a pending 485 and i am going to let my EAD and AP timeout and stick to H1B.
Now, the question is: will this be a problem? Is there a limitation on how long an H1B holder stay outside the US while continuing to maintain status?
I am going to be travelling back to India soon but have already spent more than 5 months in india this year (onver three trips) and am wondering if there will be a problem when i come back in november.
I cant find anything on the net no this.
There is no problem. I had to do it for same reason i had to work 2-3 months in 2 instances. And for the final time, it was 15 month offshore India assignment. No problems at all.
ksircar
07-25 03:20 PM
I sent personal checks for I485 and they have been cleared.
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