redcard
10-05 08:29 PM
finally approved... got magic emails this morning :D:D
How does one go about canceling the pending EB2-NIW i-485 (possibly get the money back... will be glad to donate it all to IV :D:D)
Congrats!
Just a small glitch in your case.. when USCIS approves a case it automatically rejects any other pending application for 485.. infact it is a prerequisite for the AO to check this before the application can be approved. Surprised that in your case it did not happen.
BTW you did mention that your dependents got approved on your EB2 application and your got on EB1.. seems like USCIS went out of the way to accommodate and change the process in your case...well seems like you might end up getting naturalized in another month of so.. Lucky you...
How does one go about canceling the pending EB2-NIW i-485 (possibly get the money back... will be glad to donate it all to IV :D:D)
Congrats!
Just a small glitch in your case.. when USCIS approves a case it automatically rejects any other pending application for 485.. infact it is a prerequisite for the AO to check this before the application can be approved. Surprised that in your case it did not happen.
BTW you did mention that your dependents got approved on your EB2 application and your got on EB1.. seems like USCIS went out of the way to accommodate and change the process in your case...well seems like you might end up getting naturalized in another month of so.. Lucky you...
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pappu
02-17 12:26 PM
Another op-ed should be coming soon in another media
fittan
04-23 03:26 PM
gc28262,
I respectfully disagree. As you all know, the USCIS (online and phone) system is completely different from Infopass. What appears on the former is usually inaccurate. I know this because both my wife and I have received our GC but our online I-140 is still pending.
I am adament about this because I moved in Jan 08 and submitted AR-11. In July 08, my wife online status shows that a RFE was sent. We waited anxiously for 2 months for this letter. Then we went to Infopass and found out that they still have the old address. By the way, my address was updated. Few days after Infopass, the letter finally came. It was enclosed in another envelope (because the orginal bounced and USCIS resent to new address).
I think everyone should use Infopass frequently. Use it to check if your name check and biometric are cleared. Asked if there's any flag. Where your case is physically and of course your current address. I go to the Boston office all the time and it is usually empty in the morning. Whether the Infopass office is packed or empty has nothing to do with when you'll get your GC; there's 6 counters and I doubt they'll increase it if there're more people.
Fittan
I respectfully disagree. As you all know, the USCIS (online and phone) system is completely different from Infopass. What appears on the former is usually inaccurate. I know this because both my wife and I have received our GC but our online I-140 is still pending.
I am adament about this because I moved in Jan 08 and submitted AR-11. In July 08, my wife online status shows that a RFE was sent. We waited anxiously for 2 months for this letter. Then we went to Infopass and found out that they still have the old address. By the way, my address was updated. Few days after Infopass, the letter finally came. It was enclosed in another envelope (because the orginal bounced and USCIS resent to new address).
I think everyone should use Infopass frequently. Use it to check if your name check and biometric are cleared. Asked if there's any flag. Where your case is physically and of course your current address. I go to the Boston office all the time and it is usually empty in the morning. Whether the Infopass office is packed or empty has nothing to do with when you'll get your GC; there's 6 counters and I doubt they'll increase it if there're more people.
Fittan
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alanoconnor
04-10 07:29 PM
http://www.ows.doleta.gov/foreign/faqsanswers.asp#refile3
REFILING
Can the employer refile a labor certification application filed under the previous permanent labor certification regulations under the new streamlined system and retain the filing date of the original application?
Yes, if a job order has not been placed pursuant to the regulations in effect prior to March 28, 2005, an employer may refile by withdrawing the original application and submitting, within 210 days of withdrawing, an application for an identical job opportunity which complies with all of the filing and recruiting requirements of the new PERM regulation.
NOTE: Indicating on the Application for Permanent Employment Certification, ETA Form 9089, the desire to use the filing date from a previously submitted application, i.e., marking "yes" to question A-1, is deemed to be a withdrawal of the original application.
NOTE: If a job order for an application has been placed by the State Workforce Agency (SWA) as part of the traditional recruitment process under the regulations in effect prior to March 28, 2005, the employer is prohibited from refiling the application and retaining the original filing date. However, if an employer placed a job order as a recruitment step in a reduction-in-recruitment application, the job order is not considered a job order placed by the SWA as part of the traditional recruitment process and the employer is permitted to withdraw and refile.
REFILING
Can the employer refile a labor certification application filed under the previous permanent labor certification regulations under the new streamlined system and retain the filing date of the original application?
Yes, if a job order has not been placed pursuant to the regulations in effect prior to March 28, 2005, an employer may refile by withdrawing the original application and submitting, within 210 days of withdrawing, an application for an identical job opportunity which complies with all of the filing and recruiting requirements of the new PERM regulation.
NOTE: Indicating on the Application for Permanent Employment Certification, ETA Form 9089, the desire to use the filing date from a previously submitted application, i.e., marking "yes" to question A-1, is deemed to be a withdrawal of the original application.
NOTE: If a job order for an application has been placed by the State Workforce Agency (SWA) as part of the traditional recruitment process under the regulations in effect prior to March 28, 2005, the employer is prohibited from refiling the application and retaining the original filing date. However, if an employer placed a job order as a recruitment step in a reduction-in-recruitment application, the job order is not considered a job order placed by the SWA as part of the traditional recruitment process and the employer is permitted to withdraw and refile.
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GCwaitforever
06-19 04:09 PM
I heard that once we start using EAD (immigrant intent), we could never go back to using H-1B (quasi non-immigrant). Many lawyers suggest not using EAD as yet because if I-485 is ever rejected for any reason, we could still be on H-1B and go on for few more years and leave the country comfortably. Without H-1B in those circumstances, we would be out of any status and we have to leave the country immediately.
Your friend might have applied for EAD, but primarily he must be staying on H-1B only. His wife could be using the EAD very much.
Your friend might have applied for EAD, but primarily he must be staying on H-1B only. His wife could be using the EAD very much.
Jelena
07-14 07:16 AM
Regardless of the nature of the outcome from USCIS, I think we should all take 5-10 minutes out of our busy lives and all the "predicting" and dash off a quick note of thanks to Congresswoman Lofgren
Couldn't agree more. I will be sending her a personal Thank You card today. Flowers might not be quite appropriate, especially so shortly after the recent "flower campaign". :)
Couldn't agree more. I will be sending her a personal Thank You card today. Flowers might not be quite appropriate, especially so shortly after the recent "flower campaign". :)
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Widget
03-27 12:31 PM
Do you have a list and contact numbers of these attorneys? how much do they charge?
Yes, you may apply for multiple visas. However, the rule of latest application of the attached I-94 applies. If you get your H4 first, and then your H1, it would mean your H1 would be valid.
If you get your H1 first, and then your H4, the I-94 attached to the H1 will no longer be valid, requiring you to get the H1 visa stamped in your home country consulate and re-enter.
You could simply wait out until you get your H4(at the risk of running out of the H1 cap). If you're willing to risk traveling and reenterng the US after stamping in your homecountry, you should be OK.
There are some attorneys however, who charge a hefty fee for you to get your H1 stamped at a Canadian US consulate if you fear rejection in your home country.
Regards
Yes, you may apply for multiple visas. However, the rule of latest application of the attached I-94 applies. If you get your H4 first, and then your H1, it would mean your H1 would be valid.
If you get your H1 first, and then your H4, the I-94 attached to the H1 will no longer be valid, requiring you to get the H1 visa stamped in your home country consulate and re-enter.
You could simply wait out until you get your H4(at the risk of running out of the H1 cap). If you're willing to risk traveling and reenterng the US after stamping in your homecountry, you should be OK.
There are some attorneys however, who charge a hefty fee for you to get your H1 stamped at a Canadian US consulate if you fear rejection in your home country.
Regards
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eb2dec2005
02-24 06:30 PM
First speak to your employer if they
a) sent a cancellation for H1B
b) If they received any notice from USCIS/request for information or if they have any information about this
c) Though it is not mandatory to file AC21 you can still file AC21 based on a consultation with an attorney.
Most important thing is to know if your employer has informed USCIS about any updates or if the company has received any notification from them
- good luck
kris
I spoke to my employer and he said they cancelled my H1B and not my GC. So i ma assuming my I140 was not revoked.
thanks for your advice.
a) sent a cancellation for H1B
b) If they received any notice from USCIS/request for information or if they have any information about this
c) Though it is not mandatory to file AC21 you can still file AC21 based on a consultation with an attorney.
Most important thing is to know if your employer has informed USCIS about any updates or if the company has received any notification from them
- good luck
kris
I spoke to my employer and he said they cancelled my H1B and not my GC. So i ma assuming my I140 was not revoked.
thanks for your advice.
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jyothu
07-18 04:19 AM
The only way he can get more H1B is by staying out for 1 year, especially since he is already in India. In order to take advantage of the 485 filing, he MUST be on a legal status in the U.S. His legal status does include being your dependent, i.e L2 or H4 (if you are on H1B). Basically, in order to do that, he has less than a month to obtain a dependent visa and move to the U.S. This would mean that he would have to trade the possibility of getting an H1 with that of receiving an EAD in a few months.
Also note that the H1 visa quota is full for 2007 and 20008 as of now. So, it is not a guarantee that he can get an H1 visa even for next year. Perhaps he could fly here on a dependent visa, not work for a few months until he gets an EAD and then resume his career in the U.S.
In any case, I would strongly urge you to consult an attorney immediately.
Also note that the H1 visa quota is full for 2007 and 20008 as of now. So, it is not a guarantee that he can get an H1 visa even for next year. Perhaps he could fly here on a dependent visa, not work for a few months until he gets an EAD and then resume his career in the U.S.
In any case, I would strongly urge you to consult an attorney immediately.
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gcnirvana
06-21 12:58 PM
You can try other CBP but the best option is to go out of USA (maybe to mexico) and come back with a new I94 valid till Oct 2008. Don't forget to handover both the I-94s (one in pp and 797) while you go out. HTH!
my h1b expires in october 2008. my passport expires in july 2007 and at the POE (Dallas), i received an I-94 till July 10th 2007.
i now have a new passport and went to the dallas/fort worth airport CBP to get the date corrected to october 2008. i took my I-797 with me and showed it to them. they said i have to file an I-539 with USCIS. several people managed to get the same situation remedied at a CBP. has anyone had success at another texas CBP? please help!
my h1b expires in october 2008. my passport expires in july 2007 and at the POE (Dallas), i received an I-94 till July 10th 2007.
i now have a new passport and went to the dallas/fort worth airport CBP to get the date corrected to october 2008. i took my I-797 with me and showed it to them. they said i have to file an I-539 with USCIS. several people managed to get the same situation remedied at a CBP. has anyone had success at another texas CBP? please help!
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idesign
05-11 01:23 PM
you could try contrasting the font colors from the image a bit, to make it more readable.
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iwantmygcnow
11-05 04:23 PM
Thanks for the information.
Unfortunately my EB2 I140 does not have the EB3 priority date assigned as my attorney did not seek that when applying. Now He is trying to get the EB2 I140 amended with the EB3 priority date. TSC keep rejecting it without giving any reason.
Did you use your own attorney?
--Kiran
Unfortunately my EB2 I140 does not have the EB3 priority date assigned as my attorney did not seek that when applying. Now He is trying to get the EB2 I140 amended with the EB3 priority date. TSC keep rejecting it without giving any reason.
Did you use your own attorney?
--Kiran
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cox
October 25th, 2005, 11:51 PM
I think the timing is a matter more of when those of you who have to travel can make it here. For the locals, I think we're a lot more flexible. I would suggest a pre-xmas timing (mid to late dec). Right now, the fog on the bay is pretty bad, but toward xmas it usually lightens up. The weather will be chilly (esp. Marin & the seashore), but it never really gets cold here like those of you who have midwest or northeast winters. ;) Hotel rates should also be good. I'm looking forward to meeting any of you who can make it out here!
I've been trying to get the perfect bridge picture for a while, and we can continue that in Marin, and breakfast in Sausalito. We could hit the 'tourist' spots - Coit tower, Market street, pier 39, & the Presidio. If we want to go further afield, there are a host of parks and beaches immediately available. Point Reyes National Seashore is a two & a half hour drive north from SF. Tule Elk, shorebirds and sea lions. Point Ano Nuevo is an hour and a half south. Elephant Seals, birds and deer. I'm game for anything. I'm sure QJ will come up with an even better list and then we can discuss.
I've been trying to get the perfect bridge picture for a while, and we can continue that in Marin, and breakfast in Sausalito. We could hit the 'tourist' spots - Coit tower, Market street, pier 39, & the Presidio. If we want to go further afield, there are a host of parks and beaches immediately available. Point Reyes National Seashore is a two & a half hour drive north from SF. Tule Elk, shorebirds and sea lions. Point Ano Nuevo is an hour and a half south. Elephant Seals, birds and deer. I'm game for anything. I'm sure QJ will come up with an even better list and then we can discuss.
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Desertfox
02-07 06:33 PM
desi3933, Thank you so much for posting this document. I will keep a copy of this with me while travelling through the border cities.
I understand that "AOS Pending" is nothing but an authorized period of stay, but thats all you need to get resident tuition fee from a state University, if you have been a state resident for 12 months. AOS applicants are also entitled to federal student loan once there is a parolee stamp on I-94. My wife recently transferred from a community college to a State University for an undergraduate degree and she just submitted I-485 receipt to get resident tuition. Even this University website has "I-485 Receipt Notice" listed as acceptable document in proof of resident status. I was quite surprised when my application was denied resident status by this other University. I am filing an official complaint with the Department of Justice as advised by my Congressman's office.
I understand that "AOS Pending" is nothing but an authorized period of stay, but thats all you need to get resident tuition fee from a state University, if you have been a state resident for 12 months. AOS applicants are also entitled to federal student loan once there is a parolee stamp on I-94. My wife recently transferred from a community college to a State University for an undergraduate degree and she just submitted I-485 receipt to get resident tuition. Even this University website has "I-485 Receipt Notice" listed as acceptable document in proof of resident status. I was quite surprised when my application was denied resident status by this other University. I am filing an official complaint with the Department of Justice as advised by my Congressman's office.
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Ramba
09-25 07:11 PM
Thanks for the reply. My lawyer told me that she has seen a case when the green card application was accidently submitted with a copy of an expired passport, and there wasn't any problem. However, she's not certain if this is what happens with every application submitted with an expired passport.
Could someone with experience related to this please reply? I'd really appreciate it.
Passport is a just a travel document to enter. Once entered legally, passport has no importance for immigration (GC) purpose. There is no need to renew the passport, unless you plan to travel. In fact, you dont need a passport to enter USA, if you have Green card. The important thing is that you have to always maintain legal status in US. If you are in non-immigrant status, you have to watch for I-94 expiry, and renew them on time. Not the passport. If you are apply for GC, USCIS want to confirm that you entered the US legally with valid visa and maintained your legal status in US. They dont care about the expiry of ypur passport.
Could someone with experience related to this please reply? I'd really appreciate it.
Passport is a just a travel document to enter. Once entered legally, passport has no importance for immigration (GC) purpose. There is no need to renew the passport, unless you plan to travel. In fact, you dont need a passport to enter USA, if you have Green card. The important thing is that you have to always maintain legal status in US. If you are in non-immigrant status, you have to watch for I-94 expiry, and renew them on time. Not the passport. If you are apply for GC, USCIS want to confirm that you entered the US legally with valid visa and maintained your legal status in US. They dont care about the expiry of ypur passport.
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jetr
08-27 12:06 PM
My 140 is Approved from Company A.I haven't filed my 485 yet.
My H1 6 Yr period ends in Mar 2009.I am planning to move to company B and request a 3 yr extn based on my approved 140(with Company A).
My qn is what if company A cancels my 140?
If I get my 3yr H1 extn approved (before 140 cancellation) will my status be valid?
Thanks for your help.
My H1 6 Yr period ends in Mar 2009.I am planning to move to company B and request a 3 yr extn based on my approved 140(with Company A).
My qn is what if company A cancels my 140?
If I get my 3yr H1 extn approved (before 140 cancellation) will my status be valid?
Thanks for your help.
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mambarg
07-20 09:56 AM
I got the answer.
INS review have steps to lookup info in CLAIMS software to see if there is approved petition.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ff4ed0676988d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=c54f0ccc1793f010VgnVCM1000000ecd190a RCRD
SO I am sure they will verify the info in enotice before rejecting.
INS review have steps to lookup info in CLAIMS software to see if there is approved petition.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ff4ed0676988d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=c54f0ccc1793f010VgnVCM1000000ecd190a RCRD
SO I am sure they will verify the info in enotice before rejecting.
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BumbleBee
08-17 03:58 PM
Unfortunately, So close, but so far.
based on this URL
http://www.immigration.com/fromtheagency/nsc112006.html
it appears you might have missed the boat.
This exact same thing happened to my package sent via USPS, I sent overnight and it still took 2 days to finally get in a person's hand, it was still on time to not have any negative consequences, but lesson learned, don't rely on USPS/UPS and don't wait till end, atleast have 5 days for mail delievery. I had nasty chat with my attorney to send my papers before he was planning to send, I am even planning to report to 'statewide bar association'. Lawyers knows ( or must know ) the importance of timely filling and its effect on families and their lives.
Hope things go fine and they do accept the application.
Cases filed by overnight courier
On the other hand for cases that has to be filed by overnight courier that is by the USPS Express Mail the center will only pick up mails from the U.S Postal Service once a day and in the morning. Therefore any mail that is not picked up in the morning will be picked only the following day and is given a next day receipt date.
Note: The package will be delivered to the Service Center P.O.Box even if the mailer is addressed to include the street address for the Service Enter with or without the P.O Box and this confirmed by the U.S Postal Service.
based on this URL
http://www.immigration.com/fromtheagency/nsc112006.html
it appears you might have missed the boat.
This exact same thing happened to my package sent via USPS, I sent overnight and it still took 2 days to finally get in a person's hand, it was still on time to not have any negative consequences, but lesson learned, don't rely on USPS/UPS and don't wait till end, atleast have 5 days for mail delievery. I had nasty chat with my attorney to send my papers before he was planning to send, I am even planning to report to 'statewide bar association'. Lawyers knows ( or must know ) the importance of timely filling and its effect on families and their lives.
Hope things go fine and they do accept the application.
Cases filed by overnight courier
On the other hand for cases that has to be filed by overnight courier that is by the USPS Express Mail the center will only pick up mails from the U.S Postal Service once a day and in the morning. Therefore any mail that is not picked up in the morning will be picked only the following day and is given a next day receipt date.
Note: The package will be delivered to the Service Center P.O.Box even if the mailer is addressed to include the street address for the Service Enter with or without the P.O Box and this confirmed by the U.S Postal Service.
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h1techSlave
02-02 10:35 AM
we must always have a current and valid AP even if we have no plans of travel.
Last year we were thinking that "1) I'm not planning on going anywhere after / atleast for a year.". Then one of our parents had an accident and we could not go, because there was no valid AP.
I guess, we can not take any chance on AP or EAD. Apply prior to the 120th day of expiry.
Thanks MC thats a valid Point.
There are 2 reasons that I thought of for not applying / renewing.
1) I'm not planning on going anywhere after / atleast for a year.
2) My wife's AP filed last year took Six months to get approved and what happens if you fly out while your AP is pending / sent for renewal. I read in this forum, not fly out, while you AP is pending.
Appreciate your time.
Regards
Karthik
Last year we were thinking that "1) I'm not planning on going anywhere after / atleast for a year.". Then one of our parents had an accident and we could not go, because there was no valid AP.
I guess, we can not take any chance on AP or EAD. Apply prior to the 120th day of expiry.
Thanks MC thats a valid Point.
There are 2 reasons that I thought of for not applying / renewing.
1) I'm not planning on going anywhere after / atleast for a year.
2) My wife's AP filed last year took Six months to get approved and what happens if you fly out while your AP is pending / sent for renewal. I read in this forum, not fly out, while you AP is pending.
Appreciate your time.
Regards
Karthik
abd
04-07 05:20 PM
I did my H1B renewal in Toronto Last Feb without problem. I have Indian Bachelors Degree in Engineering. Renewal went very smoothly. I had all my papers with me as required.
ronhira
10-05 09:34 PM
Neil, Hoffman, Greg, IIya, ,
we will all love you.... and thank you for showing us the light..... to make this world a better place.....
THANK YOU
we will all love you.... and thank you for showing us the light..... to make this world a better place.....
THANK YOU