g_singh
06-22 04:33 PM
Please let us know what happened? We (H1Bs) are in the same boat. Did you become a member of brokerage firm (LLC).
Thanks
Thanks
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kaisersose
04-16 02:29 PM
Hi Gurus,
I am on 9th year H1B extension.I filed I140/485 concurrently in June 2007 and on April 11th I got the denial email for I140.
No RFE/NOID received.
Here is my case.
PD May 2003, EB2, own labor. During Dec 06, the labor was converted from NON RIR to RIR and amended to accept BS+5 OR MS+3 to reflect the current state.
I-140/485/EAD/AP applied in June 2007, NSC and received EAD/AP and used AP recently. My H1B valid till Feb 2009.
After 5 stressful days finally today, we got the denial notice and it looks like USCIS assumed my Labor under EB3 classification and rejected my I140 where as the labor certificate is approved under EB2 classification. our attorney believes that its the result of an overlook by IO at the amedments made to the original labor.
Please let me know what options I have.
Thanks
GCWarrior
If your attorney is right, then you have nothing to worry about. An MTR will fix the problem.
I am on 9th year H1B extension.I filed I140/485 concurrently in June 2007 and on April 11th I got the denial email for I140.
No RFE/NOID received.
Here is my case.
PD May 2003, EB2, own labor. During Dec 06, the labor was converted from NON RIR to RIR and amended to accept BS+5 OR MS+3 to reflect the current state.
I-140/485/EAD/AP applied in June 2007, NSC and received EAD/AP and used AP recently. My H1B valid till Feb 2009.
After 5 stressful days finally today, we got the denial notice and it looks like USCIS assumed my Labor under EB3 classification and rejected my I140 where as the labor certificate is approved under EB2 classification. our attorney believes that its the result of an overlook by IO at the amedments made to the original labor.
Please let me know what options I have.
Thanks
GCWarrior
If your attorney is right, then you have nothing to worry about. An MTR will fix the problem.
Project_A
11-11 10:48 AM
Thank you for the post. It is really helpful. May I know if the new job should be >=50% different from the current job (EB3) offer? Or it doesn�t matter because of the MS requirement?
Thank you
Project_A
Thank you
Project_A
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gc_chahiye
10-02 03:06 PM
I recieved a weired email update from USCIS about the I-140 after RFE documents recived, waited for two days then call the customer service # and the status on the phone said that USCIS denied the case.
here is the case history.
LC-Feb-2005.
I-140 filled march 2007
I-485/EAD filled July-2007
EAD approved/EAD card arrived 15 Sep 2007
I-140 RFE August 2007(A2P)
I-140 denied 27th Sep 2007.
my question is,
what are the options do I have?
my employer is talking about appeal.
since the original I-140 is denied will the 485/EAD will get cancelled too?
is there any way to port the LC date?
what are the chances of appeal/approval?
employer is in good standing(financially).
any suggestions,input will be highly appreciated.
thanks
appeal is the only way out. With the I-140 gone, so is the 485 and EAD at this point.
You cant port the PD (porting PD requires an approved I-140)
here is the case history.
LC-Feb-2005.
I-140 filled march 2007
I-485/EAD filled July-2007
EAD approved/EAD card arrived 15 Sep 2007
I-140 RFE August 2007(A2P)
I-140 denied 27th Sep 2007.
my question is,
what are the options do I have?
my employer is talking about appeal.
since the original I-140 is denied will the 485/EAD will get cancelled too?
is there any way to port the LC date?
what are the chances of appeal/approval?
employer is in good standing(financially).
any suggestions,input will be highly appreciated.
thanks
appeal is the only way out. With the I-140 gone, so is the 485 and EAD at this point.
You cant port the PD (porting PD requires an approved I-140)
more...
tinamatthew
07-21 12:01 AM
To my knowledge, neither paystubs, W2s nor tax returns are required for filing.
However, some attorneys (mine included) requested my tax returns for the last few years. I think this is so they are prepared just in case of RFE on something?
To answer the original question with a quote from my grandmother whenever I whined, "but that's not fair" as a kid, "Life never is"
The law is the law. We abide by them. We can lobby for changes to said law if we believe they are incorrect, but we don't break them before they are changed.
The main reason why lawyers request W2 etc is to show you were in valid non-immigrant status, To prevent any RFEs/NOIDs
However, some attorneys (mine included) requested my tax returns for the last few years. I think this is so they are prepared just in case of RFE on something?
To answer the original question with a quote from my grandmother whenever I whined, "but that's not fair" as a kid, "Life never is"
The law is the law. We abide by them. We can lobby for changes to said law if we believe they are incorrect, but we don't break them before they are changed.
The main reason why lawyers request W2 etc is to show you were in valid non-immigrant status, To prevent any RFEs/NOIDs
Kalidindi
07-30 12:46 PM
I have got my case approved as well. I also received my GC cards. Thanks for all the info and Best of Luck,
more...
ksairi
08-17 08:47 AM
Please
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aug2007
02-24 12:02 AM
I'm in sixth year of H1. Also have EAD for more than 2 years but not used. Also, have valid AP (approved in Dec 2009). My I140 is approved more than a year back and I485 is pending since August 2007.
I'm going to lose my job next week. So, I've sent I9 to switch from H1 to EAD.
I'm looking for new job. But couldn't find any matching job so far as per my EB3 labor (PD oct 2004). But there are lot of full time positions that matches my EB3 labor. My employer is saying that he will cancel the I140, if I go to another company using AC21. What should I do to avoid any issue with my pending I485, if my current employer withdraws/cancells approved I140. Should I not inform my current employer about the job change till I file AC21? Or is it not a good idea to move to new employer as my current employer will cancel approved I140?
I dont have the copy of I140 approval notice. Is this required in the future for rest of the GC Process?
Can I travel out of the country without the job? Will it cause any issue at the Port of Entry, if I use AP to enter US (but currently doesn't have the job in hand)? Please advice.
I'm going to lose my job next week. So, I've sent I9 to switch from H1 to EAD.
I'm looking for new job. But couldn't find any matching job so far as per my EB3 labor (PD oct 2004). But there are lot of full time positions that matches my EB3 labor. My employer is saying that he will cancel the I140, if I go to another company using AC21. What should I do to avoid any issue with my pending I485, if my current employer withdraws/cancells approved I140. Should I not inform my current employer about the job change till I file AC21? Or is it not a good idea to move to new employer as my current employer will cancel approved I140?
I dont have the copy of I140 approval notice. Is this required in the future for rest of the GC Process?
Can I travel out of the country without the job? Will it cause any issue at the Port of Entry, if I use AP to enter US (but currently doesn't have the job in hand)? Please advice.
more...
dilbert_cal
04-06 02:03 AM
Thanks for a very good analysis. I was hoping someone will do it and my heartfelt gratitude to you for stepping up.
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casinoroyale
01-07 09:11 AM
I have done paid consultation with murthy office on this matter. As per them, one can continue to work on H1B even after returning on AP. One can also do H1B transfer to a different employer. Ofcourse, your exiting 797 should be valid while you are doing this. One can find this surprising, even after you "use EAD" you can ask for reinstatement of H1B status by filing H1 extension but one has to leave the country and apply for H1B stamp and enter on H1 to reinstate H1B status in this case.
more...
pmamp
12-07 11:43 AM
Hi,
I am EB-3 ROW, PD in Nov.03, I-140 approved. I am planning on changing my current employer (non profit) to for-profit company.
I am in my H-1 B fifth year. I renewed once on my third year. By the time I change my job to the new employer, I will have about one year left in my current H-1B.
If I change the employer, will I be subject to H-1 B visa quota restriction?
I have stayed with my current employer (University) for five years just for the hope of green card. But I think this is time to move on. Staying in my current job is so detrimental to my career.
However, if the new company that may hire me, cannot find any H-1 B visa quota left for me, I will be in trouble if it is the case.
I would appreciate your advice very much.
Thank you always.
Sure enough. You need to have h1b visa #s available to transfer from non-profit to profit org. I am in the same boat and you will have to wait till next year's quota. As said, you may transfer between non-profit orgs as many times you like in 6 years. Sorry.
I am EB-3 ROW, PD in Nov.03, I-140 approved. I am planning on changing my current employer (non profit) to for-profit company.
I am in my H-1 B fifth year. I renewed once on my third year. By the time I change my job to the new employer, I will have about one year left in my current H-1B.
If I change the employer, will I be subject to H-1 B visa quota restriction?
I have stayed with my current employer (University) for five years just for the hope of green card. But I think this is time to move on. Staying in my current job is so detrimental to my career.
However, if the new company that may hire me, cannot find any H-1 B visa quota left for me, I will be in trouble if it is the case.
I would appreciate your advice very much.
Thank you always.
Sure enough. You need to have h1b visa #s available to transfer from non-profit to profit org. I am in the same boat and you will have to wait till next year's quota. As said, you may transfer between non-profit orgs as many times you like in 6 years. Sorry.
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chanduv23
09-16 02:43 PM
I dont like selfish, coward, lazy people be my friends. Who can't stand up for thier families what can they for me.........
Yes - true - well said.
Libra will consider only unselfish brave folks :)
If you are already married, check with your wife asn ask her - does she like cowards and selfish people?
Yes - true - well said.
Libra will consider only unselfish brave folks :)
If you are already married, check with your wife asn ask her - does she like cowards and selfish people?
more...
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chanduv23
07-09 02:51 PM
OK. Thanks for your advise. I guess I can not do much about this. I'll try to butter him up to get what he promised. We'll see. Thanks.
Yes butter them and sound pleasing, approach them as if you need their help. Praise them like anything. Make them feel on top of the world. Just keep kissing their ass till u get the work done.
Yes butter them and sound pleasing, approach them as if you need their help. Praise them like anything. Make them feel on top of the world. Just keep kissing their ass till u get the work done.
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indio0617
12-13 12:53 PM
Surprising right? May be this is the first time anyone would have posted this kind of post but yes I am in that situation.
I am EB2 and retrogressed with I-140 cleared. I am working for a client and they are willing to take me in and process my fresh green card. I am not too keen about it because they said they can file only on EB3.
My PD is Sept 2005. Now can you guys give our your honest opinion in what you would have done if you were in similar situation. The client is a good top 10 client and you will have a stable job that is garunteed.
Appreciate your thoughts to help my plan.
Given the gross uncertainity about retrogression and GC, I would not give undue importance to the GC timeline factor. Eventually job / skills are more important than the distant GC.
I was in a similar situation a few months back. I abandoned my GC process with my former employer for a new and much more promising job. I am yet to start the GC process with the new employer. For me JOB was the deciding factor.
My reasoning was simple:
In the current scenario with a broken immigration system if we are to maintain our sanity and move on in our careers , we have to stop thinking that GC is above everything. Work on it as much as you can, but do not miss out on good career moves.
Do what you feel is best for you and what you can make peace with. My 2 cents..
I am EB2 and retrogressed with I-140 cleared. I am working for a client and they are willing to take me in and process my fresh green card. I am not too keen about it because they said they can file only on EB3.
My PD is Sept 2005. Now can you guys give our your honest opinion in what you would have done if you were in similar situation. The client is a good top 10 client and you will have a stable job that is garunteed.
Appreciate your thoughts to help my plan.
Given the gross uncertainity about retrogression and GC, I would not give undue importance to the GC timeline factor. Eventually job / skills are more important than the distant GC.
I was in a similar situation a few months back. I abandoned my GC process with my former employer for a new and much more promising job. I am yet to start the GC process with the new employer. For me JOB was the deciding factor.
My reasoning was simple:
In the current scenario with a broken immigration system if we are to maintain our sanity and move on in our careers , we have to stop thinking that GC is above everything. Work on it as much as you can, but do not miss out on good career moves.
Do what you feel is best for you and what you can make peace with. My 2 cents..
more...
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sunflowershower
12-03 11:52 PM
First, thank you all for your kind and fast replies,
My family's I-140 was passed and we've finish all the stages, except for the I-485 at this point (it is under 'pending'). I also have work permit/authorization. I am pretty sure they are using the age of the visa availability date at the time the Form I-485 was filed (I was 19 at that time).
I understand I can travel abroad if I file for AP but that's only for 1 year, is there any other way that allow me to go abroad for 1 and half year?
But I'm assuming it is better not to leave US while I-485 is still in process? :(
What are my chances of getting I-485 approved? I have heard some incidence where under (seemingly) similar situation, only the parents' I-485 got passed but their older child (who passed 21) got denied.
My family's I-140 was passed and we've finish all the stages, except for the I-485 at this point (it is under 'pending'). I also have work permit/authorization. I am pretty sure they are using the age of the visa availability date at the time the Form I-485 was filed (I was 19 at that time).
I understand I can travel abroad if I file for AP but that's only for 1 year, is there any other way that allow me to go abroad for 1 and half year?
But I'm assuming it is better not to leave US while I-485 is still in process? :(
What are my chances of getting I-485 approved? I have heard some incidence where under (seemingly) similar situation, only the parents' I-485 got passed but their older child (who passed 21) got denied.
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pappu
04-10 02:21 PM
Active members are requested to urge others to update their profile details for the tracker. If you find someone's profile has fake details, please give them a red dot.
Admins go through users with most red dots occasionally
Admins go through users with most red dots occasionally
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waitin_toolong
07-27 09:37 AM
she can apply for H4 when you visit India, as long as you maintain H1. she does not have to wait for H4 COs to be approved. In fact she does not have to file for one.
The requirement is that to reenter she needs to have H4 stamped to enter with receipt of I-485 in lieu of AP, not when she leaves because as soon as she leaves the country the status is gone. A status is valid only while in USA. In fact COS will not give her a stamp and since hers is H4 and you have approved H1 she doev not need approval from USCIS for that.
If the case had been different, she was applying for H1 then she would have needed an approved petition first.
The requirement is that to reenter she needs to have H4 stamped to enter with receipt of I-485 in lieu of AP, not when she leaves because as soon as she leaves the country the status is gone. A status is valid only while in USA. In fact COS will not give her a stamp and since hers is H4 and you have approved H1 she doev not need approval from USCIS for that.
If the case had been different, she was applying for H1 then she would have needed an approved petition first.
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tonyHK12
12-03 05:24 PM
A more aggressive statement (for selling) not too far from the truth...
There are 400-500,000 waiting in EB queues. Most of them would prefer to leave the country, than wait for 10-20 (30?) years for a green card.
Also at least 65,000 workers come in every year. We will also lose most of this every year unless GC is fixed.
(I am not talking about those who want to stay for 2-4 years only and go back)
There are 400-500,000 waiting in EB queues. Most of them would prefer to leave the country, than wait for 10-20 (30?) years for a green card.
Also at least 65,000 workers come in every year. We will also lose most of this every year unless GC is fixed.
(I am not talking about those who want to stay for 2-4 years only and go back)
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michael_trs
05-13 11:56 AM
I have my company�s lawyer that I have to use but he is not experienced with this. My company wouldn�t be happy if I suggest switching to another lawyer so I need to control this myself.
Actually what I realized out of my experience with GC processing � it�s better to be involved into this process as much as possible.
Actually what I realized out of my experience with GC processing � it�s better to be involved into this process as much as possible.
gcdreamer05
01-29 11:57 AM
Oh yeah, we are demainding an RFE (request for evidence) to substantiate this gossip....
walking_dude
10-25 01:57 PM
Guys, I couldn't reply to you all earlier , here, as I was busy with my job and personal chores.
Let's settle for Yahoo now, as it has powerful features such as Polls and Database that aren't available in Google. Also the Google group created by me has gone into 'La-La land' ( google bugs!)
Here's our new Secure and Trusted Yahoo group
http://groups.yahoo.com/group/ivmi
Here's the latest
1) We are getting our group registered as Official on IV (details sent to IV)
2) News from IV on Legislative updates issues will be posted on the group this weekend (10/20 attendees, be sure to join by then)
3) Some 10/20 Attendees to the meet have been added directly to the group. Others have been sent invites ( Yahoo restricts direct add to 10 per day). Please join ASAP. Let me know if there are any issues [ PM/'Private Message' or E-mail me]. I'll help you get joined.
4) Others, please provide the following details while requesting to join the group.
A) FULL NAME
B) IV handle (N/A for non-members)
C) Telephone [ we'll call you. No request to join will be accepted without Telephone number]
D) City and Zip Code + 4
We will call you to verify and then your request will be accepted. We regret the inability to accomodate anonymous requesters, as we wish to keep our group Secure and Trusted for the purpose of dissemination of sensitive IV information. Your co-operation to make this happen is greatly appreciated.
Let's settle for Yahoo now, as it has powerful features such as Polls and Database that aren't available in Google. Also the Google group created by me has gone into 'La-La land' ( google bugs!)
Here's our new Secure and Trusted Yahoo group
http://groups.yahoo.com/group/ivmi
Here's the latest
1) We are getting our group registered as Official on IV (details sent to IV)
2) News from IV on Legislative updates issues will be posted on the group this weekend (10/20 attendees, be sure to join by then)
3) Some 10/20 Attendees to the meet have been added directly to the group. Others have been sent invites ( Yahoo restricts direct add to 10 per day). Please join ASAP. Let me know if there are any issues [ PM/'Private Message' or E-mail me]. I'll help you get joined.
4) Others, please provide the following details while requesting to join the group.
A) FULL NAME
B) IV handle (N/A for non-members)
C) Telephone [ we'll call you. No request to join will be accepted without Telephone number]
D) City and Zip Code + 4
We will call you to verify and then your request will be accepted. We regret the inability to accomodate anonymous requesters, as we wish to keep our group Secure and Trusted for the purpose of dissemination of sensitive IV information. Your co-operation to make this happen is greatly appreciated.
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