indianabacklog
10-12 11:15 AM
Live in Carmel. Have been locked in this process for almost nine years.
Is there an active state group?
If so please send me a PM.
Is there an active state group?
If so please send me a PM.
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bayarea07
03-20 05:44 PM
Well, if you go according to the Lawyer of this forum with which guys had a conference call (you can hear the recording thats on the home page of this site)
Then its advisable to apply in EB3 category and her reasoning was that with her experience she has seen lots of EB2 application in the past few years and very less EB3 apps and hence chances of EB3 being processed earlier than EB2 are quiet high.
I needed some advice on this situation I've found myself in.
I have a PERM application filed with my current employer (EB2, Oct 2007). Like most EB2 apps, mine is under a business necessity audit and we have filed an audit response for it. My lawyers are pretty sure that we will clear the audit. Guessing from , the response may be 2-3 months away.
Now I have a second offer from another company. Everything about the job and company is better than my current, but the legal team at this second company says that they will only file in EB3 (even though the job requirement says Bachelors + 8 yrs). They say that they have other EB2 audits going on and have made it a policy to only do EB3 going forward.
I'm on the 5th year of my H1 (don't ask, had a PD of 2005, caught up in BEC and got laid off last May, refiled Oct 07 with the current employer) and this probably will be the last chance for me to change jobs before I cool my heels and wait for the repercussions of the July Fiasco to be over with.
I can't decide on weather to keep my existing EB2 job or take the new offer and step down to EB3.
Please help!
Then its advisable to apply in EB3 category and her reasoning was that with her experience she has seen lots of EB2 application in the past few years and very less EB3 apps and hence chances of EB3 being processed earlier than EB2 are quiet high.
I needed some advice on this situation I've found myself in.
I have a PERM application filed with my current employer (EB2, Oct 2007). Like most EB2 apps, mine is under a business necessity audit and we have filed an audit response for it. My lawyers are pretty sure that we will clear the audit. Guessing from , the response may be 2-3 months away.
Now I have a second offer from another company. Everything about the job and company is better than my current, but the legal team at this second company says that they will only file in EB3 (even though the job requirement says Bachelors + 8 yrs). They say that they have other EB2 audits going on and have made it a policy to only do EB3 going forward.
I'm on the 5th year of my H1 (don't ask, had a PD of 2005, caught up in BEC and got laid off last May, refiled Oct 07 with the current employer) and this probably will be the last chance for me to change jobs before I cool my heels and wait for the repercussions of the July Fiasco to be over with.
I can't decide on weather to keep my existing EB2 job or take the new offer and step down to EB3.
Please help!
supender
09-21 03:16 PM
I highly appreciate your advice. It sads that you had to go throught GC process so many times. In fact this is my third I-140 too. The first two never got approved due to silly administartive errors on employers part ( old check and job notice at wrong site) and I had to abandon them.
One of the other fix I have is : if I should leave my present job or not , as my fear of loosing job might just be in mind. I am wondering, if worse comes to worse and if I loose job with an approved I-140, will I be able to secure job with another employer and use this I-140 to get an extension. I am a Physical Therapist and EB-2 positions are hard to come by in the state I am in. I want to take the risk to stay with this employer and take my chances. But I also want to have a back plan ( premium processing I-140).I dont know if it can work. Please share your thoughts.
One of the other fix I have is : if I should leave my present job or not , as my fear of loosing job might just be in mind. I am wondering, if worse comes to worse and if I loose job with an approved I-140, will I be able to secure job with another employer and use this I-140 to get an extension. I am a Physical Therapist and EB-2 positions are hard to come by in the state I am in. I want to take the risk to stay with this employer and take my chances. But I also want to have a back plan ( premium processing I-140).I dont know if it can work. Please share your thoughts.
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meridiani.planum
05-05 12:26 AM
I was not aware of the 120 days... I filed my wifes EAD day 138 days before expiry (should have been more carefull!)... So what happens now? Rejection? Denial? RFE?
Also what docs should be send after efiling, if any?
rejected. Meaning they will return it with your filing fees:
http://www.immigration-law.com/Archive%20XVI.html
02/14/2008: USCIS Clarification of Denial vs. Rejection of EAD Renewal Application Filed Earlier Than 120 Days Prior to Expiration of EAD
* We posted this message on 02/04/2008 and raised this issue. The AILA has just reported that the USCIS clarified its message that the premature filing would be "rejected" rather than "denied." What this means is that the filers will at least save the filing fees
Also what docs should be send after efiling, if any?
rejected. Meaning they will return it with your filing fees:
http://www.immigration-law.com/Archive%20XVI.html
02/14/2008: USCIS Clarification of Denial vs. Rejection of EAD Renewal Application Filed Earlier Than 120 Days Prior to Expiration of EAD
* We posted this message on 02/04/2008 and raised this issue. The AILA has just reported that the USCIS clarified its message that the premature filing would be "rejected" rather than "denied." What this means is that the filers will at least save the filing fees
more...
pdakwala
02-24 04:45 PM
Oh actually I was working with Spector so that we can have markup out asap. Just Kidding. Got busy with work.
Any way fox please wake up now. It's a show time. We have 27 days left. We all have only one option and that is to "Kill Retrogression virus". There will be no negotiation on that.
Cheers
Any way fox please wake up now. It's a show time. We have 27 days left. We all have only one option and that is to "Kill Retrogression virus". There will be no negotiation on that.
Cheers
venram
01-03 01:16 PM
Folks,
Can someone clarify the situation of 485 being approved while one is outside of USA. In such a case, if one does not have AP to return to US, then is it considered that the 485 petition is abandoned and one cannot use the approved 485?
I vaguely remember seeing that even if one has valid H1B (or get renewal stamping outside USA), travelling like above situation is risky without AP.
Thoughts?
If that is the case she should NOT travel without advanced parole in hand. If she chooses to do so she has NO valid immigration status on which to re enter the United States and will have abandoned her adjustment of status application.
If she needs to travel for urgent family medical reasons if you can obtain medical notes etc you can go to your local office on an infopass appointment and try to expedite the process.
Can someone clarify the situation of 485 being approved while one is outside of USA. In such a case, if one does not have AP to return to US, then is it considered that the 485 petition is abandoned and one cannot use the approved 485?
I vaguely remember seeing that even if one has valid H1B (or get renewal stamping outside USA), travelling like above situation is risky without AP.
Thoughts?
If that is the case she should NOT travel without advanced parole in hand. If she chooses to do so she has NO valid immigration status on which to re enter the United States and will have abandoned her adjustment of status application.
If she needs to travel for urgent family medical reasons if you can obtain medical notes etc you can go to your local office on an infopass appointment and try to expedite the process.
more...
gunabcd
06-15 10:03 AM
The USCIS PDF for I-693 (http://www.uscis.gov/files/form/I-693.pdf) says "OMB No. 1615-0033; Expires 06/30/07" at the top of the form. At the bottom it says "Form I-693 (Rev. 09/16/05) Y". Will we be able to submit this form if we get the medical exam done now and file it with the I-485 on July 1 or later?
I found another version of the PDF which says "OMB No. 1615-0064; Expires 05/31/08" at the top and "Form I-693 (Rev. 09/16/05) N" at the bottom. I've only found this at these sites:
http://immigrationadvice.net/I-693.pdf
http://www.lexisnexis.com/practiceareas/immigration/pdfs/web895.pdf
But I'm not sure which one should be used because of the upcoming expiry date on the one from uscis.gov, versus the one with the later expiry date on these other sites. Does this expiry date matter?
I'm going to my medical exam in 1 1/2 hours -- if anyone can post a response before then, that'd be much appreciated!
I don't know if the doctor will use my copy or provide a copy. Is it a problem if the doctor provides and uses the older form?
I think in absense of a newer form by USCIS, the expiry date 6/30/07 means the form can be filled in by 6/30. I think the doctor will use his own form and will not accept if you provide one. This is just my logical thinking and not a rule.
I found another version of the PDF which says "OMB No. 1615-0064; Expires 05/31/08" at the top and "Form I-693 (Rev. 09/16/05) N" at the bottom. I've only found this at these sites:
http://immigrationadvice.net/I-693.pdf
http://www.lexisnexis.com/practiceareas/immigration/pdfs/web895.pdf
But I'm not sure which one should be used because of the upcoming expiry date on the one from uscis.gov, versus the one with the later expiry date on these other sites. Does this expiry date matter?
I'm going to my medical exam in 1 1/2 hours -- if anyone can post a response before then, that'd be much appreciated!
I don't know if the doctor will use my copy or provide a copy. Is it a problem if the doctor provides and uses the older form?
I think in absense of a newer form by USCIS, the expiry date 6/30/07 means the form can be filled in by 6/30. I think the doctor will use his own form and will not accept if you provide one. This is just my logical thinking and not a rule.
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vijju123
04-28 04:51 PM
Sometimes employers have an agreement with the law firms that all primary correspondance should happen between the employee and employer representative usually HR / Immigration Compliance administrator. Employer representative will direct the employee to the law firm if they are not able to answer their questions. This is the scenario with my employer. Hope this helps.
Vijay
Vijay
more...
LostInGCProcess
03-16 02:46 PM
You don't need to buy insurance. The State governments offer free insurance to people who need it. Atleast your family members would qualify for it.
Well! I never tried that one. I heard its only for people who earned below certain amount. Not everyone would qualify, i guess.
Well! I never tried that one. I heard its only for people who earned below certain amount. Not everyone would qualify, i guess.
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SGP
12-11 04:03 PM
My H1-B extension was filed on June 3 2010 requesting for additional 3 years (after the 1st 6 yrs). My labor and I-140 were also approved. The case has been pending since then. It has been more than 5 months now. I was wondering if anyone else is experiencing similar delays? My I-797 has expired in September and I'm still working on the basis of the pending application.
Thanks in advance.
Which center did you apply to? I had applied to VSC for my H1 renewal under regular processing (9-12th year) RD Aug 5, 2010. The case is yet under initial review.
Secondly, I have also applied for H1 transfer with CSC RD Oct 27, 2010 again under regular processing. The case is under initial review.
I have heard H1 extensions & transfers are taking anywhere between 4 to 6 months.
Thanks in advance.
Which center did you apply to? I had applied to VSC for my H1 renewal under regular processing (9-12th year) RD Aug 5, 2010. The case is yet under initial review.
Secondly, I have also applied for H1 transfer with CSC RD Oct 27, 2010 again under regular processing. The case is under initial review.
I have heard H1 extensions & transfers are taking anywhere between 4 to 6 months.
more...
sankap
07-20 01:47 PM
If we register our marriage in the US, say, today, wouldn't that conflict with the marriage affidavits we submitted for H4 etc? Those bear the wedding's original date.
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hoggus
11-29 06:23 PM
I am an F1 grad student - I was planning on going home this winter, and while there I would have to renew my visa so as to be able to re-enter the US.
However, while filling out the forms to set up an appointment for the renewal interview, I remembered that I had a misdemeanor conviction (I pled guilty) for bad checks (this was a very long time ago, about 6 years - it was a bad time, I made some mistakes). When I say 'yes', on the DS-156 form, in response to the question regarding criminal convictions, how likely is it that I will have my visa renewed? Isn't is usually the case that consular officers are looking for any reason to deny visas/renewals?
It seems like my only option is to postpone/cancel my trip, if I want to be able to come back to complete my studies.
Any advice would be greatly appreciated.
However, while filling out the forms to set up an appointment for the renewal interview, I remembered that I had a misdemeanor conviction (I pled guilty) for bad checks (this was a very long time ago, about 6 years - it was a bad time, I made some mistakes). When I say 'yes', on the DS-156 form, in response to the question regarding criminal convictions, how likely is it that I will have my visa renewed? Isn't is usually the case that consular officers are looking for any reason to deny visas/renewals?
It seems like my only option is to postpone/cancel my trip, if I want to be able to come back to complete my studies.
Any advice would be greatly appreciated.
more...
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perm2gc
07-13 12:08 PM
I had to generate paystubs for my wife from Jan 07 to May 07 due to recent USCIS goof up. She started working from May 07. However all the paystubs generated ( 5) , have a pay period from 05/01 - 05/31 and pay date is 07/11
Does anyone know if it is ok to have the 5 paystubs with the same pay period. The Lca talks about salary per year. The employers claims that it is ok. What should I do in this case. Any suggestions are highly appreciated.
what do you mean by USCIS goof up...if your wife had job..her employer might have generated pay stubs.The pay stubs your employer generated are illegal as per IRS..Don't try to over smart and send them to USCIS as they are cross checking with IRS.
Does anyone know if it is ok to have the 5 paystubs with the same pay period. The Lca talks about salary per year. The employers claims that it is ok. What should I do in this case. Any suggestions are highly appreciated.
what do you mean by USCIS goof up...if your wife had job..her employer might have generated pay stubs.The pay stubs your employer generated are illegal as per IRS..Don't try to over smart and send them to USCIS as they are cross checking with IRS.
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jackisback
05-04 12:08 PM
Should this not come from USCIS rather than coming from AILA? I would think this should be a press release or "news" on the USCIS website if they are starting this pilot.
Are we supposed to be worried about sending this email since someone has got access to the AILA letter and posted it here in IV?
This should be coming from USCIS or the attorney's offices...
Are we supposed to be worried about sending this email since someone has got access to the AILA letter and posted it here in IV?
This should be coming from USCIS or the attorney's offices...
more...
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iad2ead
07-19 07:12 AM
Me too in same situation.. thx for sharing the exp.. Do you think the list of mandatory documents are sufficient ? I'm carrying last yrs tax returns, 5 months pay stubs, last 3yrs W-2 in addition to the mandatory documents. Anything else?
thanks
Iad
:mad:
Just wanted to share our 7th year H-1B extension stamping in Chennai on July 15th. Since my I-140 was approved, the I-797 petition was approved for 3 years. My family (wife and daughter) attended the interview along with me. The procedure for H-1B extension/renewal is much easier in Chennai compared to first time stampers. There is a separate counter for renewals and the interview procedure is quite simple. After the initial screening of documents, we went to a separate renewal counter which did not have any queue.
The VO just asked some questions about my nature of the job and how long I have been with my company. FYI, my company is a major reputed IT Foreign MNC. My family was not asked any questions. We did not have any PIMS delays and I got the passport couriered the very next day itself. The petition was approved a month before the stamping. Overall it is a much streamlined process for H-1B visa extensions/renewals.
Thanks MP70
thanks
Iad
:mad:
Just wanted to share our 7th year H-1B extension stamping in Chennai on July 15th. Since my I-140 was approved, the I-797 petition was approved for 3 years. My family (wife and daughter) attended the interview along with me. The procedure for H-1B extension/renewal is much easier in Chennai compared to first time stampers. There is a separate counter for renewals and the interview procedure is quite simple. After the initial screening of documents, we went to a separate renewal counter which did not have any queue.
The VO just asked some questions about my nature of the job and how long I have been with my company. FYI, my company is a major reputed IT Foreign MNC. My family was not asked any questions. We did not have any PIMS delays and I got the passport couriered the very next day itself. The petition was approved a month before the stamping. Overall it is a much streamlined process for H-1B visa extensions/renewals.
Thanks MP70
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chanduv23
09-14 02:29 PM
ALL THE HEROS AND HERIONES TO DC
LETS CREATE HISTORY HERE
FOLLOW YOUR HEARTS
LETS CREATE HISTORY HERE
FOLLOW YOUR HEARTS
more...
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wizkid732
08-26 07:50 AM
Hi Thanks for the reply,
I applied for on a labor substitution in mid 2005 which was denied as the same labor was applied to other cases (thanks to the employer). That was fraud and no fault of ours. Many of the folks int he same boat then have obtained their GC.
I think I am the "Chosen One" for investigation :-)
Did you ever had problem in getting VISA or your case was sent for further review because of security reasons? I just want to understand if there were any abnormalities in your any visa approval(s).
All the best. Hope you become green and recyclable (job wise) soon :)
I applied for on a labor substitution in mid 2005 which was denied as the same labor was applied to other cases (thanks to the employer). That was fraud and no fault of ours. Many of the folks int he same boat then have obtained their GC.
I think I am the "Chosen One" for investigation :-)
Did you ever had problem in getting VISA or your case was sent for further review because of security reasons? I just want to understand if there were any abnormalities in your any visa approval(s).
All the best. Hope you become green and recyclable (job wise) soon :)
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belmontboy
05-20 09:52 AM
We are beneficiaries of my husband on a EB3 petition. due to retrogression issue,
i think she fell asleep on keyboard, before she could finish the question :D
i think she fell asleep on keyboard, before she could finish the question :D
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Pineapple
07-26 04:20 PM
Is this good or bad? We dont have even one single person with negative attitude. At least that is good.
I filed my 485, I am not going to gain anything from IVs efforts now 0 0%
I want to be a free rider and want others to pay for my cause 0 0%
I hate these immigrants and H1B workers on this website and will not contribute 0 0%
Interesting poll. I have a small suggestion, though.. If you want unbiased data, you cannot ask leading questions on any survey. For instance, if you ask "Are you a free-rider?", and you are clearly conveying what is the "right" answer.
Ask very neutral questions on the poll. Also, make it anonymous to encourage participation. Pare down questions so that they are distinct and mutually exclusive.
At least that way you'll get better data to work with for analysis.
I filed my 485, I am not going to gain anything from IVs efforts now 0 0%
I want to be a free rider and want others to pay for my cause 0 0%
I hate these immigrants and H1B workers on this website and will not contribute 0 0%
Interesting poll. I have a small suggestion, though.. If you want unbiased data, you cannot ask leading questions on any survey. For instance, if you ask "Are you a free-rider?", and you are clearly conveying what is the "right" answer.
Ask very neutral questions on the poll. Also, make it anonymous to encourage participation. Pare down questions so that they are distinct and mutually exclusive.
At least that way you'll get better data to work with for analysis.
snathan
07-27 11:44 PM
Hi All!
Appreciate if you have any suggestion for my case:
My case is regarding I-140 and I-485 being denied (Admin mistake at USCIS end) which were filed in July 2007 using substitution labor.
USCIS denied my 140 application by saying that they received my 140 application on 18th July 2007 and the last date was 16th July 2007. The receive date on my 140 notice is 16th July 2007 so it is clearly a mistake at USCIS end, not sure from where they got 18th July 2010.
My lawyer then filed the MTR/Appeal for 140 and USCIS sent the case to AAO. I am not sure even though the case was so strong why USCIS didn�t approve it in MTR and sent it for appeal. In I-290B form my lawyer selected the option of both MTR and Appeal. Lawyer also didn't file any appeal for 485, because as per him USCIS will automatically open I-485 once I-140 is opened or approved. So I-485 is still lying in denied state and hasn't been opened by USCIS.
I am looking for if there is any way I can reopen my I-485 so that i can renew my EAD which is about to expire in few months. I dont think USCIS will renew the EAD if 485 is in denied stage.
Also if my 485 is opened i can file 485/EAD for my wife too as my PD is current.
Or if there is any other option I can get my 485 opened instead of waiting for AAO for 2 years to process my case.
EB2 PD Date: Dec 2005.
I-140 denied: 10 Dec 2009
I-140 appealed: 05 Jan 2010
I-140 sent to AAO: Feb 25 2010
I-485 Denied: 31 Dec 2009
I-485 appeal: none
Appreciate your help and if you can point me in right direction.
Thanks,
Rocky
The day when the I-485 was denied, your EAD became invalid. If you are using the same for your work its illegal or unauthorized work.
Appreciate if you have any suggestion for my case:
My case is regarding I-140 and I-485 being denied (Admin mistake at USCIS end) which were filed in July 2007 using substitution labor.
USCIS denied my 140 application by saying that they received my 140 application on 18th July 2007 and the last date was 16th July 2007. The receive date on my 140 notice is 16th July 2007 so it is clearly a mistake at USCIS end, not sure from where they got 18th July 2010.
My lawyer then filed the MTR/Appeal for 140 and USCIS sent the case to AAO. I am not sure even though the case was so strong why USCIS didn�t approve it in MTR and sent it for appeal. In I-290B form my lawyer selected the option of both MTR and Appeal. Lawyer also didn't file any appeal for 485, because as per him USCIS will automatically open I-485 once I-140 is opened or approved. So I-485 is still lying in denied state and hasn't been opened by USCIS.
I am looking for if there is any way I can reopen my I-485 so that i can renew my EAD which is about to expire in few months. I dont think USCIS will renew the EAD if 485 is in denied stage.
Also if my 485 is opened i can file 485/EAD for my wife too as my PD is current.
Or if there is any other option I can get my 485 opened instead of waiting for AAO for 2 years to process my case.
EB2 PD Date: Dec 2005.
I-140 denied: 10 Dec 2009
I-140 appealed: 05 Jan 2010
I-140 sent to AAO: Feb 25 2010
I-485 Denied: 31 Dec 2009
I-485 appeal: none
Appreciate your help and if you can point me in right direction.
Thanks,
Rocky
The day when the I-485 was denied, your EAD became invalid. If you are using the same for your work its illegal or unauthorized work.
member123
09-14 03:15 PM
Hi All,
I think a lof people have the LUD is 08/05/07 for 140 filed in TSC..and everyone takes their guesses. Please post if u r LUD for 140 is 08/05/2007 ;
I think a lof people have the LUD is 08/05/07 for 140 filed in TSC..and everyone takes their guesses. Please post if u r LUD for 140 is 08/05/2007 ;
