Saturday, June 25, 2011

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  • kpkrind
    05-04 03:33 PM
    4. Assuming that my understanding in point-2 is correct what is the process to convert back to H1?

    Ans : File New H1 again ( techinacally old one as you are not counted in Quota)

    My wife's status was changed from h1 to h4, however her h1 is expiring in Oct'09. Lets suppose she gets a job offer in Feb'10, does she have to apply for a fresh h1 or can she convert to H1 on which she was working earlier? My question is how long will she not be counted against the quota?

    Also, can any new employer file for her H1 or does it have to be a employer who has held her H1 previously?





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  • anilsal
    03-21 12:37 AM
    Additionally, can your attorneys makes copies of RFE response sent and attach it to the MTR maybe? I do not if that is possible or allowed or will make any difference.

    I just learned that from you that there is a 33 day deadline on answering RFEs. What if the mail got lost in transit? How will the applicant/attorneys really know (unless of course you have done the online case status registration).





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  • NNReddy
    08-26 03:24 PM
    Thanks for the reply. So we don't need to disclose to employer that we are on EAD.

    AND
    Also can employer discrimnate EAD, for ex: they won't hire people on EAD, can they do that legally?





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  • pappu
    06-09 10:28 AM
    My $50 (3626-8870-3772-9306) for this effort.

    Thank you everyone for the contributions. While have still not met our target, we need to continue this funding drive for some time. We have to pay several outstanding bills associated with this event. It can only be done if all members contribute. Now that the event is over you can see the work we have done, see the photos and hear from others that came to DC how successful it was.

    Let us push this thread and keep it on top.



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  • DDash
    10-27 10:18 PM
    Folks - everyday I go to sleep I wish that tomorrow the sun will rise in the west. When I wake up I see that nothing has changed.



    Why do you wish that Sun should rise in the west??? :eek:





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  • vnsriv
    09-28 09:41 AM
    1. My EAD application status at USCIS website got changed to,

    Current Status: Approval notice sent.

    this morning. My heartfelt thanks to ImmigrationVoice activists for this.

    My spouse's EAD application status still shows as,

    Current Status: Case received and pending.

    In my case, my spouse's application is the derivative application of mine. Any incidence of spouse's EAD case getting stuck while the primary's application going through?

    2. Also, Is EAD approval anyway related/tied to I-485 Application? In that case, it is understandable for my spouse not to see her status changed. Because, her I-485 Applications status is shown as,

    Current Status: Fingerprint fee rejected and notice mailed; case in suspense.

    though we both have already finished our finger printing. Our attorney says, its USCIS's mistake and he has already sent $70(once again) towards her fingerprinting fees to be on the safer side.

    Any information would be helpful.

    Thanks,

    You asked a question
    1)
    Any incidence of spouse's EAD case getting stuck while the primary's application going through?
    So it means the people who visited don't have an answer for this or they are not aware of any such incident. Eventually someone will respond to your query

    2) You send this query yesterday only 7 pm EST. So be patient

    All the best !



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  • keepwalking
    05-22 09:58 PM
    Can you please prefix "Tracker:" to the thread's title.

    Thank You.

    Greetings,

    In brief, I have applied for I-485 when I was single and now priority dates are current. I need to add my spouse. Do I need to apply for I-485 for myself again? Below are the timelines.

    Thanks in advance.

    In August 2006.
    1. Employer A
    2. I was Single.
    3. Files I-140 and I-485 concurrently.
    4. Schedule A expired.
    5. Application moved to Eb3.

    In June 2007
    1.Employer B (Moved in June 2007 via H1b transfer).

    Married in 2008.

    April 2010.
    1. Employer B.
    2. New I-140 filed in EB2, approved.
    3. Ported EB3 PD of Aug 2006.

    May 2011.
    1. PD will be current in June 2011.
    2. I need apply I-485 for my spouse.

    Do I need to re-apply for I-485 and G-235a for the principal applicant.





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  • NolaIndian32
    09-01 11:12 AM
    Guys, i don't know how USCIS works, i don't care at this point in time. Just wanted to share with this group, that i did not get a 2nd FP notice. My FP was done on 9/28/07. And as Fromnaija said earlier in this thread, a 2nd FP may not be required if FPs were stored in Biometric Storage System - well, i got my "card production ordered" e-mail today. Hope to have the green card in hand by the end of the month. So again, not having a 2nd FP notice may not be an issue.

    Best of luck to all,
    Nola



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  • Stan09
    07-16 11:37 AM
    Well, not quite.
    They cannot demand reimbursement for official filing fee, it's about $1500.
    But they can demand to compensate for other expenses - like, lawyer, paperwork, recruiting, relocation, accommodation etc etc. It's legal.
    And pretty often such a provision is enforceable. That is, they can sue you, and demand you to pay _way_ more in case of lawsuit.





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  • chillfakter
    02-11 04:15 PM
    I am going to Canada tomorrow for my H-1 stamping. My passport expires in Jan 2008 though (less than a year left!!). I assume that I will get a 3-year visa stamp.
    However, when I re-enter the US, I guess the I-94 I get will have an expiration date that matches my passport expiration date rather than my H1B visa expiration date. Am I correct in assuming this?
    Is there such a thing as an I-94 extension, and if so how easily does it get approved. Thank you so much, but I am getting really worried right now.



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  • needhelp!
    03-28 01:30 PM
    Thanks to the volunteers putting in the efforts to work on this. Soon everything should be smoothened out.





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  • gc_maine2
    08-08 04:27 PM
    OK good another thread, now you have posted this info you can also close this thread.:)
    http://www.uscis.gov/files/pressrelease/FAQ3.pdf

    Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
    A33: The current I-485 form version dated “7/30/07 Y” should be used. The form can be found at www.uscis.gov
    Q34: To ensure that the correct fee is submitted, may an applicant submit both a check for the old fee and a second check for the new fee?
    A34: USCIS requires that all applications and petitions be submitted with the required filing fee or a waiver, if applicable. USCIS urges the public to exercise caution in submitting additional checks in incorrect amounts: extraneous checks may slow down the intake process and may result in an erroneous rejection of an application (as in the case where the check in the correct amount is missed) or in the inadvertent cashing of such checks, since filing fees are normally non-refundable. For additional information, the public is referred to the fee requirements announced in the Federal Register on August 1, 2007 (Temporary Adjustment of the Immigration and Naturalization Benefit Application and Petition Fee Schedule for Certain Adjustment of Status, FR at 41888). This regulation amends the new Fee Rule, and requires that aliens who file an employment-based Form I–485 and any related Forms I–765 and I–131, pursuant to Visa Bulletin No. 107, through August 17, 2007, must include the filing fees in effect prior to July 30, 2007. The new fee schedule becomes effective on July 30, 2007, for all other immigration and naturalization applications and petitions and on August 18, 2007, for Forms I–485 and all subsequent or ‘‘renewal’’ applications for advance parole and employment authorization based on pending Forms I–485 filed pursuant to Visa Bulletin No. 107.
    Q35: Will previous USCIS policy still apply in those instances where the original approved labor certification cannot be included in support of an I-140 petition, such as when the original has been lost or previously filed with USCIS, or when a duplicate approval must be requested?
    A35: Yes. While an original labor certification must be submitted in support of certain I-140 petitions, USCIS will continue to accept duplicates of previously filed Labor certificates and, as in the instances stated above, in cases where an original labor certificate has been properly filed with USCIS.
    1 USCIS may issue future “FAQs” on this topic for the benefit of the public, should additional questions arise. Such FAQs will be dated and numbered for ease of reference. Department of Homeland Security
    Q36: Will USCIS accept Schedule A concurrently filed I-140 petitions and adjustment of status applications that are filed on or after August 1, 2007?
    A36: As previously stated, USCIS will accept properly filed Forms I-140 filed on behalf of aliens with a priority date on or after August 1, 2007; however, pursuant to August Visa Bulletin No. 108, USCIS will reject any concurrently filed adjustment of status applications filed by aliens with a priority date on or after August 1, 2007.
    Q37: Will the new I-765 filing instructions apply to Forms I-765 filed based on employment-based adjustment of status applications filed pursuant to the July Visa Bulletin No. 107, if filed between July 30, 2007 – August 17, 2007?
    A37: No. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin No. 107 until August 17, 2007.
    Q38: Where should an employment-based adjustment of status application be filed if the underlying I-140 petition remains pending with USCIS?
    A38: Forms I-485 may be filed at either the Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007, regardless of where the pending I-140 was filed. Applicants should submit a copy of the I-140 receipt notice or, if the applicant does not have a receipt notice, include a brightly colored sheet of paper on top of the filing with the following notice and information:
    TO THE MAILROOM: The enclosed I-485 Adjustment Application(s) should be matched with a pending I-140 Immigrant Petition for which no Receipt Notice has been received. The Immigrant Petition [type, e.g., I-140] was delivered to [Service Center] on [provide date of filing and tracking number]; Petitioner's name; Beneficiary's name; Beneficiary's date of birth; Beneficiary's country of birth.



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  • fromnaija
    07-30 10:08 PM
    Are you saying that a child will age out if the child's 485 cannot be immediately adjudicated due to retrogression and the child is over 21 when that 485 is eventually processed?

    The priority date for children who might age out is fixed at the time of your I140 filing. So if you I140 took six months to approve this can be taken off the age of the child when the labor priority date becomes current. So even if you file when a child is 20 and a half and you have to wait for two years for the date to become current, unless the I140 took 1 and a half years their age will be over 21 when the green card can be processed so they age out of derivative status.

    Good luck to those who are facing this. I do understand your anxiety since my son aged out while I was waiting three and half years for my labor cert. It would seem that this 'black hole' in the employment based process is non existent to the people who can change it.

    Not sure what the future holds for such children, maybe there is some greater plan which we are not aware of yet.

    I do see one advantage they cannot be called up for military service (for the USA) on a non-immigrant visa whereas they can if they have a green card. While I understand fighting is a noble cause I would not want my son to fight for our country of origin either.





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  • Tshelar
    06-15 06:05 PM
    There is no law against multiple companies processing H1B for the same candidate at the same time. In past I had 2 Job offeres and both companies were processing my H1-B at the same time. Eventually I joined one of them. I do not see any issue for you to go back to your Home country and get the visa stamped as long as you are working and getting paid as per your approved H1-B petition.
    Also if you never landed up working for the company for which your H1B transfered got denied then there is no issue at all, but if you did then I am not sure about the ramifications.



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  • InTheMoment
    06-29 01:01 AM
    Yabadaba,

    I am in a similar situation with no new stamp or I-94 while last entry into the US from Canada at a land border crossing. This is the date/place that I had mentioned in my I-485.

    See

    http://www.immigrationportal.com/showthread.php?t=158111

    http://www.immigrationportal.com/showthread.php?t=145094&page=1&pp=15&highlight=canada

    http://boards.immigration.com/showthread.php?t=165295

    There is a mighty good probabilty that we will get an RFE to
    establish proof of inspection of entry into the US

    So...start getting together any proofs for that:D that said it is fairly easy to take care RFE



    PART 3

    Place of Last Entry Into the United States (City/State)

    What should i put over here? I did not get an arrival stamp when i came back from canada last month after stamping. all the immigration officer did was tear the bottom portion of the h1b approval and staple it to the passport. he said that was my I-94





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  • gcformeornot
    12-31 02:19 PM
    who are not so very lucky as me... please boast for this thread....



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  • cooldude0807
    10-04 09:29 AM
    Hi Guys, I would like to be a part of the AL state chapter. I live in Mobile.

    thanx





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  • burnt
    04-08 12:10 PM
    Friends - Thanks for your help on this one. After getting suggestions from you guys, I did call my lawyer too. He asked me to go back to the airport and Submit my I-94 and related docs to the CBP department there.

    After that I called the CBP Customer care for NJ at (703) 526-4200 and the rep asked me to go to CBP website and asked me to mail the I-94 to the address written there. Here is the link for your reference. Alo in this website, it says clearly, DO NOT submit to any other CBP office other than the address mentioned.

    http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=752&p_created=1077641280&p_sid=RGQ8g3Hh&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9OCZwX3Byb2RzPTAmcF9jYXRzPTAmcF9wdj0mcF9 jdj0mcF9zZWFyY2hfdHlwZT1hbnN3ZXJzLnNlYXJjaF9ubCZwX 3BhZ2U9MSZwX3NlYXJjaF90ZXh0PUktOTQ*&p_li=&p_topview=1

    I don't understand why the lawyer suggested me to physically go to the Airport to submit my I-94.





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  • vsrinir
    09-16 02:43 PM
    I DONT SEE ANY PROBLEMS, AS LONG AS YOU KEEP YOUR AP, LETTER FROM YOUR EMPLOYER AND LAST 3 PAY STUBS AND COPY OF I485,EAD,AC21 COPY IF YOU HAVE ONE




    Hello Gurus,

    I am July 2nd filer like so many others. I have changed employer after 9 month of filing I-485. I-140 was approved in Jun 2007. I have AP approved.

    My question : Is it advisable to travel to India and come back on AP? the reason I am asking is I have changed the employer? Will that affect my entry back to USA in any way at immigration check? Please advise.

    Thanks in advance.

    --Srinivas





    vandanaverdia
    09-09 03:45 PM
    Please spare some time & thought & decide to be in DC at the rally.





    sss9i
    07-21 12:12 AM
    Bump up



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