vkmm
08-07 02:58 PM
You should be able to do your landing and H1 stamping with no problem.
I have done the same last year. Process is very smooth and of course not dependent on each other.
I have done the same last year. Process is very smooth and of course not dependent on each other.
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div_bell_2003
06-22 12:43 PM
Your H1B extension has no value till 09/24/10 when it becomes active.
You can probably go to India to get H1B stamped on July but you have to present your current H1B approval as the petition required and ( check with your office lawyer on this ) you are most likely going to get H1B visa valid till 09/23/10 ( based on your current petition ) . I don't know what your POE in US is , but I've heard/read anecdotes where the CBP officer at POE plays 'too much on top of his things' and tells people that their entry date is very close to their visa expiration date , that's when you bring out your extension approval. Once again , please check with your lawyer on possible issues to look out for, but this can be done.
You can work legally in US with an expired visa and a legitimate H1B extension approval notice.
Good luck.
You can probably go to India to get H1B stamped on July but you have to present your current H1B approval as the petition required and ( check with your office lawyer on this ) you are most likely going to get H1B visa valid till 09/23/10 ( based on your current petition ) . I don't know what your POE in US is , but I've heard/read anecdotes where the CBP officer at POE plays 'too much on top of his things' and tells people that their entry date is very close to their visa expiration date , that's when you bring out your extension approval. Once again , please check with your lawyer on possible issues to look out for, but this can be done.
You can work legally in US with an expired visa and a legitimate H1B extension approval notice.
Good luck.
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bestia
03-12 03:18 PM
Both lawyers are right. To get the correct answers you have to be asking correct questions.
If you want to port your priority date to new employer, you have to file PERM and I-140 with new employer. Since you have PERM and I-140 already approved - you can do that.
From the other side, since you already filed your I-485, you don't have to do anything. You don't need your PD ported, just use AC21 and wait for your GC.
The only issue is that you never worked for sponsoring employer, USCIS might want some evidence that you really had/have intent working for him and will demand explanation why you are not working for them and never worked. This issue will disappear if you will refile PERM/I-140 with new employer.
If you want to port your priority date to new employer, you have to file PERM and I-140 with new employer. Since you have PERM and I-140 already approved - you can do that.
From the other side, since you already filed your I-485, you don't have to do anything. You don't need your PD ported, just use AC21 and wait for your GC.
The only issue is that you never worked for sponsoring employer, USCIS might want some evidence that you really had/have intent working for him and will demand explanation why you are not working for them and never worked. This issue will disappear if you will refile PERM/I-140 with new employer.
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dealsnet
04-06 03:54 PM
I have the denial letter. If you PM your email, I can send to you.
USCIS mentioned about EDGE database and denied. (they are using EDGE for comparison)
You cannot get a rule from internet, but you can see their denial decision letter from the affected people and read their new found vision.
http://aacraoedge.aacrao.org/
ALSO READ MURTHY'S CONCERN OF USCIS USING EDGE DATABASE.
THEY give (Indian) MSC only equal to US bachelors.
http://www.murthy.com/news/n_mtaedg.html
You have not still answered my question for official source or link for your claim. I don't care how third party evaluator evaluates. I have seen so many varying evaluations done.
Also, your calculation 3+1+2=6 is incorrect. Since this is BSc+BEd+MSc. For MSc, BEd is not needed and therefore you can't add time spent for BEd. Just like two BSc degrees do not make it equivalent to MSc.
If this one year program is not BEd, but "post graduate" diploma, still it is not going to work, since that "diploma" is not required for MSc.
_________________
Not a legal advice.
USCIS mentioned about EDGE database and denied. (they are using EDGE for comparison)
You cannot get a rule from internet, but you can see their denial decision letter from the affected people and read their new found vision.
http://aacraoedge.aacrao.org/
ALSO READ MURTHY'S CONCERN OF USCIS USING EDGE DATABASE.
THEY give (Indian) MSC only equal to US bachelors.
http://www.murthy.com/news/n_mtaedg.html
You have not still answered my question for official source or link for your claim. I don't care how third party evaluator evaluates. I have seen so many varying evaluations done.
Also, your calculation 3+1+2=6 is incorrect. Since this is BSc+BEd+MSc. For MSc, BEd is not needed and therefore you can't add time spent for BEd. Just like two BSc degrees do not make it equivalent to MSc.
If this one year program is not BEd, but "post graduate" diploma, still it is not going to work, since that "diploma" is not required for MSc.
_________________
Not a legal advice.
more...
dixie
10-17 01:42 PM
They can introduce all the premium processing they want, but the crux of the matter is that it is of no much use to us without the visa numbers to apply for a GC in the first place. USCIS will still end up making a lot of money - guess why - because we will have lost all our sanity by the time our PD becomes current so we wont mind shelling out money for I-485 premium processing even after having waited for ~10 years !! So more severe the retrogression, more the premium processing revenue. Not to speak of the fees for renewing the EAD,AP and so on. So much for the "USCIS certified premium processed" GC
kartikiran
06-17 05:53 PM
paulkurni,
Subscribe to google group http://groups.google.com/group/iv-dc-chapter with a mention of your IV Handle(UserID). The state chapter leader will get in touch with you, if they need further information.
For contributing please visit the link http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44 for details. On the right side of the screen, you also visa, mastercard icons and you can click them to donate.
Please excuse my ignorance as I joined IV recently. Please tell me how do I join state chapter. I reside in DC metro suburbs.
I am glad that we are at least thinking in this direction. Please let me know how can I contribute. Have we formed any regional leaders who can perhaps guide us. If so, I would like to get in touch with the ones in my area. Any other information I need to know.
Subscribe to google group http://groups.google.com/group/iv-dc-chapter with a mention of your IV Handle(UserID). The state chapter leader will get in touch with you, if they need further information.
For contributing please visit the link http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44 for details. On the right side of the screen, you also visa, mastercard icons and you can click them to donate.
Please excuse my ignorance as I joined IV recently. Please tell me how do I join state chapter. I reside in DC metro suburbs.
I am glad that we are at least thinking in this direction. Please let me know how can I contribute. Have we formed any regional leaders who can perhaps guide us. If so, I would like to get in touch with the ones in my area. Any other information I need to know.
more...
qisolu917o
03-22 10:05 PM
to be severe with oneself and lenient with others.As for me, all I knew was that he was good to me and had a big brown and black German shepherd, Susie, that he brought to play with me. Susie was a big part of my childhood, and started my lifelong love affair with dogs.Mother and Roger got married in Hot Springs, in June 1950, shortly after her twenty-seventh birthday. Only Gabe and Virginia Crawford were there. Then Mother and I left her parents home and moved with my new stepfather, Come and buy world of warcraft power leveling (http://www.u4game.com/Wow_Power_Leveling.html), cheap wow leveling (http://www.u4game.com/Wow_Power_Leveling.html), free wow power leveling web . warcraft gold (http://www.u4game.com) webpage! whom I soon began to call Daddy, into a little white wooden house on the south end of town at 321 Thirteenth Street at the corner of Walker Street. Not long afterward, I started calling myself Billy Clinton.My new world was exciting to me. Next door were Ned and Alice Williams. Mr. Ned was a retired railroad worker who built a workshop behind his house filled with a large sophisticated model electric-train setup. Back then every little kid wanted a Lionel train set. FFXI Gil (http://www.u4game.com/Final-Fantasy-XI-49.html) Daddy got me one and we used to play with it together, but nothing could compare to Mr. Neds large intricate tracks and beautiful fast trains. I spent hours there. It was like having my own Disneyland next door.
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mirage
07-11 01:29 PM
1 year from now, only EB3-Indians with PDs of 2001-2006 will hang on the IV website. Everybody else(or atleast 99%) will be gone...
We will need help renewing our EADs and AP each year forever...and will seek answers on wague rules and regulations USCIS/DHS will keep putting in
We will need help renewing our EADs and AP each year forever...and will seek answers on wague rules and regulations USCIS/DHS will keep putting in
more...
dingudi
02-20 02:36 PM
Eb2 - India. We filed I140 and then I-485 in July 2007. PD May 2007. Got I-140 approved. EAD / AP approved for me / spouse and Kids. They soft LUD on I-485 after one week of I-140 approval. and My spouse got the RFE.
We just submitted a affidavit during my i485 filing in July as dont have her birth certificate at that time. Now we got RFE for my spouse saying that they need the birth certificate or Non-availability certificate. When we checked with the Birth Registration office, They have the birth certificate but with different Birth date(Her parents changed her Date of Birth during pre-school admission) - Now new DOB is reflected in all her Officical Documents(school vertificate, Passports, Driving License etc) whereas her birth certificate has the original date. Shall I submit the original Birth Certificate alongwith the Affidavit saying the mistake made by her Parents as the response this RFE. Since the Birth certificate is available in the registration office at different date, they refused to provide the non-availability certificate.
Gurus - Please advise.
rbalaji,
If you don't mind sharing can you please give info like, your priority date, which service center your application is being processed.
Looks like they have begun processing applications filed in July 07.
We just submitted a affidavit during my i485 filing in July as dont have her birth certificate at that time. Now we got RFE for my spouse saying that they need the birth certificate or Non-availability certificate. When we checked with the Birth Registration office, They have the birth certificate but with different Birth date(Her parents changed her Date of Birth during pre-school admission) - Now new DOB is reflected in all her Officical Documents(school vertificate, Passports, Driving License etc) whereas her birth certificate has the original date. Shall I submit the original Birth Certificate alongwith the Affidavit saying the mistake made by her Parents as the response this RFE. Since the Birth certificate is available in the registration office at different date, they refused to provide the non-availability certificate.
Gurus - Please advise.
rbalaji,
If you don't mind sharing can you please give info like, your priority date, which service center your application is being processed.
Looks like they have begun processing applications filed in July 07.
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jaggu bhai
08-23 11:53 AM
Yes.....HIb is correct....
As she is free, she is planning to finish her studies in 1.5years....
as there is a requirement for 1year F1 status to use OPT, we have to take a decision now...
Anyways the process itself will take 3months......as per current times.
Miracle or no miracle will be the point now???
As she is free, she is planning to finish her studies in 1.5years....
as there is a requirement for 1year F1 status to use OPT, we have to take a decision now...
Anyways the process itself will take 3months......as per current times.
Miracle or no miracle will be the point now???
more...
she81
06-30 01:42 AM
I am using a labor substitution (dated 2005) that requires BS + 3 years. I had only 2 years experience by 2005. But I have an MS degree in related field. Would this be ok? Would MS+2 years suffice for a labor for BS + 3 years?
Please respond soon. I have prepared all my paperwork for I-140 and I-485 and meeting the lawyer tomorrow. I am planning to file by Monday. My stupid attorney told me only today that the experience mismatch can be a problem.
Thank you all in advance.
You can if the requirements are worded in such a way that they could use equivalent education in lieu of experience. you really need to take a look at the text.
Please respond soon. I have prepared all my paperwork for I-140 and I-485 and meeting the lawyer tomorrow. I am planning to file by Monday. My stupid attorney told me only today that the experience mismatch can be a problem.
Thank you all in advance.
You can if the requirements are worded in such a way that they could use equivalent education in lieu of experience. you really need to take a look at the text.
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TomPlate
12-03 10:01 AM
I asked an other question which is more related to this and somebody deleted. Please answer these as it is really hard.
Here is my question,
1. After 180 days I would like to change job.
2. My I140 approved in feb 2006.
3. Company needs to file I140 amendment because my company was acquired by a giant company and they will do end of Apr 2008.
4. Can I quit before Apr 2008 will it have any issues in my Green card process.
Here is my question,
1. After 180 days I would like to change job.
2. My I140 approved in feb 2006.
3. Company needs to file I140 amendment because my company was acquired by a giant company and they will do end of Apr 2008.
4. Can I quit before Apr 2008 will it have any issues in my Green card process.
more...
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chalamurariusa
04-28 02:52 PM
Thanks . I will surely update when we hear from USCIS
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bekugc
03-05 06:58 PM
pls respond... thanks ^L^
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seekinggc
07-16 04:59 PM
Hi to all in this morass called Immigration to the USA,
#1 I've got a suggestion : IF there is some way we can get through to someone intelligent (duh !) at the IT department of the USCIS, would that be of some help to check up on what's happening with the cases ?
#2 My lawyer filed an I-140 in June of 2006 with a PERM labor of PD Dec '05. He filed it with a "copy" of the labor and case is still pending. In May he filed some paperwork with the USCIS about my case so that they (USCIS) would request a duplicate of the "original labor" from USDOL. All this sounds very complicated. I would like to know the experience of other people in a similar situation and what needs to be done to expedite this process ? My I-140 has been pending for more than a year .....
Thanks !
Hey,
My I-140 was filed in June 2006. It was based on the LC Substitution from the same company..but filed with the copy of the LC. It has been still pending for more than a year with TSC. Last inquired with USCIS in Jan 07, USCIS came back to us and said it requires an additional review. But the LUD remain the same as June 2006.
My lawyer said she will another inquiry with USCIS in August 2007 as 6 months waiting period will be over from last inquiry....
#1 I've got a suggestion : IF there is some way we can get through to someone intelligent (duh !) at the IT department of the USCIS, would that be of some help to check up on what's happening with the cases ?
#2 My lawyer filed an I-140 in June of 2006 with a PERM labor of PD Dec '05. He filed it with a "copy" of the labor and case is still pending. In May he filed some paperwork with the USCIS about my case so that they (USCIS) would request a duplicate of the "original labor" from USDOL. All this sounds very complicated. I would like to know the experience of other people in a similar situation and what needs to be done to expedite this process ? My I-140 has been pending for more than a year .....
Thanks !
Hey,
My I-140 was filed in June 2006. It was based on the LC Substitution from the same company..but filed with the copy of the LC. It has been still pending for more than a year with TSC. Last inquired with USCIS in Jan 07, USCIS came back to us and said it requires an additional review. But the LUD remain the same as June 2006.
My lawyer said she will another inquiry with USCIS in August 2007 as 6 months waiting period will be over from last inquiry....
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nat23
02-13 08:29 AM
I just read about the Lifetime learning credit and it says even the taxpayer can claim upto 20% for $10,000 out of his pocket
more...
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techskill
08-14 05:05 PM
Hi all:
I am a July 2nd filer and I was not married at the time of my green card application. My green card was files under EB2 and my priority date is March 06. I got married in November 07 and got my wife to the US under H4. When the dates became current for March 06, we sent my wife's 485 app in on the 2nd to USCIS. We got a rejection notice this Tuesday (12th) with a notice date of the 4th saying that her "priority date could not be established". My lawyer received the package back today and said that she thinks it was wrongfully rejected and everything was o.k. We were going to resend the application today.
However, I just got an approval email for my I-485 and the online status has been changed to approved too.
What are my options here? Will USCIS accept the application if we sent it in? Does this mean she is out of status?
We are really worried. Has anyone been in this situation? What is the best way to resolve this?
I can honestly say that I never thought I would look at my 485 approval and get depressed.
Thanks.
Dont worry. Everything will be fine as it is not your mistake. Send a letter directly to IO bypassing the mailroom explaining in detail with your notices.
I am a July 2nd filer and I was not married at the time of my green card application. My green card was files under EB2 and my priority date is March 06. I got married in November 07 and got my wife to the US under H4. When the dates became current for March 06, we sent my wife's 485 app in on the 2nd to USCIS. We got a rejection notice this Tuesday (12th) with a notice date of the 4th saying that her "priority date could not be established". My lawyer received the package back today and said that she thinks it was wrongfully rejected and everything was o.k. We were going to resend the application today.
However, I just got an approval email for my I-485 and the online status has been changed to approved too.
What are my options here? Will USCIS accept the application if we sent it in? Does this mean she is out of status?
We are really worried. Has anyone been in this situation? What is the best way to resolve this?
I can honestly say that I never thought I would look at my 485 approval and get depressed.
Thanks.
Dont worry. Everything will be fine as it is not your mistake. Send a letter directly to IO bypassing the mailroom explaining in detail with your notices.
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paskal
12-11 06:32 PM
bumping up the thread!
saw a post from a mn member and i guess this thread needs visibility!
thanks for the invitation to the IL call, i am in Fl this week and probably can't be on, hopefully others will be participating and will update us all
saw a post from a mn member and i guess this thread needs visibility!
thanks for the invitation to the IL call, i am in Fl this week and probably can't be on, hopefully others will be participating and will update us all
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dharmesh.pariawala
01-08 03:01 PM
I think it might be CT issue. There is an ongoing immigration fraud investigation against state employees so now they are over doing enforcement.
I had problem when I wanted to register my Car in New Jersey. I had moved to New Jersey from MA, so I had MA license at that time and was staying temorarily at my cousin's place. When I went to one DMV they told me that you need to have NJ driver's license to register my car. I told them the situation and that I was going to get NJ license once I get my place, but they just didn't register my car. I went twice at that place and got same answer.
Then I went to different DMV and the guy understood my situation and gave me a temporary NJ driver license number (NOT driver license) and registered my car. TOld me to give this number when I come to get NJ license and everything worked fine.
Its just some poeple don't want to know about some this or just want to create problems.
I had problem when I wanted to register my Car in New Jersey. I had moved to New Jersey from MA, so I had MA license at that time and was staying temorarily at my cousin's place. When I went to one DMV they told me that you need to have NJ driver's license to register my car. I told them the situation and that I was going to get NJ license once I get my place, but they just didn't register my car. I went twice at that place and got same answer.
Then I went to different DMV and the guy understood my situation and gave me a temporary NJ driver license number (NOT driver license) and registered my car. TOld me to give this number when I come to get NJ license and everything worked fine.
Its just some poeple don't want to know about some this or just want to create problems.
chintu25
10-02 07:02 PM
Bump
drirshad
11-26 08:10 PM
My H1 status is pending does means processing or it will change to processing when they really start to look at it.
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