immig99
01-19 01:10 AM
Hi All,
Here is my case , when i went to f1 - h1-b stamping in mexico, they issued me 221-g & asked me to got to india for stamping..( but they allowed me to enter usa)..later i applied for AP & EAD, got both ( recently i got i-140 query)
(RFE due date Mar10)
Here are my doubts:
1. can i go to india & comeback with AP in hand
2. Do i need to wait for my i-140 approval
3. my question is what if my i -140 rejects ??
Appreciate your feedback..
Thanks!!!!!
Here is my case , when i went to f1 - h1-b stamping in mexico, they issued me 221-g & asked me to got to india for stamping..( but they allowed me to enter usa)..later i applied for AP & EAD, got both ( recently i got i-140 query)
(RFE due date Mar10)
Here are my doubts:
1. can i go to india & comeback with AP in hand
2. Do i need to wait for my i-140 approval
3. my question is what if my i -140 rejects ??
Appreciate your feedback..
Thanks!!!!!
perm2gc
06-30 01:03 AM
I was listing to NPR Diane Rim show. Not sure who guests were. But When Diana asked if there is any chance that bill might come back.. He said, no bill won't come back but there is chance that some pieces of immigration may come in seperate pieces in around sep. He did say some bill might come for High skilled.. He gave example of Bill Clinton's health care immigration bill.
Anybody got chance to hear to NPR today?
i heard it
Anybody got chance to hear to NPR today?
i heard it
GMKrishna
10-05 05:55 PM
This announcement proves that IV is a very democratic, honest and competitive organization for the cause of legal and highly skilled immigrants.
Good job IV.
Thanks,
Good job IV.
Thanks,
GCard_Dream
07-13 01:22 PM
With new threads being created every minute, it's hard to keep track of relevant threads in "Recent Forum Posts" section of the homepage. I am not saying that some threads are irrelevant but there are bunch of threads talking about the same issue or news. Lot of members create new threads without realizing that the topic has been discussed already in some other thread. Some threads are personal in nature (nothing wrong with that) but not all members will benefit from that and so on....
In light of that, I was wondering if there is a way for core team to identify the top 5 or so useful threads and always keep it on the top of the "Recent Forum Posts". All other threads can be displayed further down. This will just allow those top 5 threads (like for media drive, IV action items, breaking news, etc) to be visible on the homepage all the time and members will have easy access to those threads.
I am not a webpage designer to I don't know how difficult that would be to implement but just a suggestion.
In light of that, I was wondering if there is a way for core team to identify the top 5 or so useful threads and always keep it on the top of the "Recent Forum Posts". All other threads can be displayed further down. This will just allow those top 5 threads (like for media drive, IV action items, breaking news, etc) to be visible on the homepage all the time and members will have easy access to those threads.
I am not a webpage designer to I don't know how difficult that would be to implement but just a suggestion.
more...
jcrajput
08-04 04:36 PM
I am in KS and looking for information to apply to renew our EADs. Can anyone please give me some idea what where I can get an application forms? Is paper application better or online?
Thank you so much.
Thank you so much.
GoneSouth
03-21 10:40 AM
Hi Nickhil,
See my response on this other thread (http://immigrationvoice.org/forum/showthread.php?t=3625). I think the only way you can get a second PERM approved for same employee at same company, is if the second position is "significantly different" from the first position. E.g., at least a different job title and different job description, but ideally completely different o*net code. Note that your problem will be with DoL at the LC stage, not USCIS at the I-140 stage. DoL will not approve a second PERM app for same employee at same company if position is substantially similar.
You *might* be able to get approval for a second PERM with similar job description if you completely withdraw the first PERM. I'm not sure if you can withdraw a PERM certification after its been used for an I-140 though.
With trickier cases like this, I've always found it helpful to get second and sometimes third opinions from attorneys at other firms.
- gs
See my response on this other thread (http://immigrationvoice.org/forum/showthread.php?t=3625). I think the only way you can get a second PERM approved for same employee at same company, is if the second position is "significantly different" from the first position. E.g., at least a different job title and different job description, but ideally completely different o*net code. Note that your problem will be with DoL at the LC stage, not USCIS at the I-140 stage. DoL will not approve a second PERM app for same employee at same company if position is substantially similar.
You *might* be able to get approval for a second PERM with similar job description if you completely withdraw the first PERM. I'm not sure if you can withdraw a PERM certification after its been used for an I-140 though.
With trickier cases like this, I've always found it helpful to get second and sometimes third opinions from attorneys at other firms.
- gs
more...
gc28262
12-07 07:29 PM
I have the same issue.
Can see the status of I-485s online, but system doesn't even recognize my I-140 LIN#.
Attorney says that this is fine. Asks to wait for few more months.
:mad:
Can see the status of I-485s online, but system doesn't even recognize my I-140 LIN#.
Attorney says that this is fine. Asks to wait for few more months.
:mad:
stuckinmuck
02-09 09:33 PM
I will help with drafting something. Any more guidance on what needs to be included? Also, can we have a 'editor' who can help with finalizing the letters? Somebody who has good English speaking skills and is good at weeding out unnecessary stuff from the letters.
We also need to get hold of solid numbers which would justify not having this amendment. In this economic climate, people might wonder why new H1B hires are required.
We also need to get hold of solid numbers which would justify not having this amendment. In this economic climate, people might wonder why new H1B hires are required.
more...
GCOP
12-08 02:03 PM
Friends, I already have expressed the views regarding Recapturing/ temporarily increasing Employment Based Visa Numbers for Greencard, on change.gov website . I have been getting E-mails from Transition Team. I have pasted this recent E-mail which is about Meeting with Transition Team. I think, IV Core Team members or/and people living around Chicago area should arrange meeting with Transition Team, and express and suggest our ideas regarding Recapture/Temporarily Increase EB greencard Numbers to clear the backlog.
Your seat at the table
From: John D. Podesta, Obama-Biden Transition Project (info@obamabidentransitionproject.org)
Sent: Sat 12/06/08 10:30 AM
Everyday, we meet with organizations that present ideas for the Transition and the incoming Obama-Biden Administration. In past transitions, meetings like this have been held behind closed doors.
Not anymore. Today, every Obama-Biden Transition staff member received a memo outlining the "Seat at the Table" Transparency Policy. I've included a copy of it below.
The policy is pretty simple: the people and groups we're meeting with, the subjects of the meetings, and any documents shared in the meetings will now be made available on Change.gov. Most importantly, the American public can weigh in with comments or their own materials.
Read the memo and watch our "Seat at the Table" video:
This is our latest step toward a more transparent and accessible Transition. We look forward to benefitting from the many more voices that will now be a part of the decision-making process.
Thank you,
John
John D. Podesta
Co-chair
The Obama-Biden Transition Project
--------------------------------------------------------------------------------
MEMORANDUM
From: John Podesta
To: All Obama-Biden Transition Project Staff
Date: December 4, 2008
Re: "Seat at the Table" Transparency Policy -- EFFECTIVE IMMEDIATELY
Overview:
As an extension of the unprecedented ethics guidelines already in place for the Obama-Biden Transition Project, we take another significant step towards transparency of our efforts for the American people. Every day, we meet with organizations who present ideas for the Transition and the Administration, both orally and in writing. We want to ensure that we give the American people a "seat at the table" and that we receive the benefit of their feedback.
Accordingly, any documents from official meetings with outside organizations will be posted on our website for people to review and comment on. In addition to presenting ideas as individuals at www.change.gov, the American people deserve a "seat at the table" as we receive input from organizations and make decisions. In the interest of protecting the personal privacy of individuals, this policy does not apply to personnel matters and hiring recommendations.
Scope:
The following information will be posted on our website:
1. Documents: All policy documents1 and written policy recommendations from official meetings2 with outside organizations.
2. Meetings: The date and organizations represented at official meetings in the Transition headquarters or agency offices, with any documents presented as noted above.
This scope is a floor, not a ceiling, and all staff are strongly encouraged to include additional materials. Such materials could include documents (recommendations, press releases, etc.) presented in smaller meetings or materials or made public by the outside organization without a connection to an official meeting.
If you have any questions as to whether documents should be included, please email [REDACTED].
Process:
Prior to an official meeting with an outside organization or organizations, Obama-Biden Transition Project staff members will inform attendees that any documents provided will be posted on our "Seat at the Table" website found at www.change.gov. Suggested language for email invitations is: "By presenting or submitting any document at a meeting with the Obama-Biden Transition Project, you agree to allow the document to be made public and posted on www.change.gov." At the completion of each meeting or upon receipt of such documents, Transition staff will provide the documents to [REDACTED] with the date of the meeting, a list of the organizations in attendance, and the topic of the meeting.
Notes:
1) This policy does not apply to non-public or classified information acquired from the Agency Review Process and internal memorandum.
2) An "official meeting" is defined as a meeting with outside organizations or representatives of those organizations to which three or more outside participants attend.
Your seat at the table
From: John D. Podesta, Obama-Biden Transition Project (info@obamabidentransitionproject.org)
Sent: Sat 12/06/08 10:30 AM
Everyday, we meet with organizations that present ideas for the Transition and the incoming Obama-Biden Administration. In past transitions, meetings like this have been held behind closed doors.
Not anymore. Today, every Obama-Biden Transition staff member received a memo outlining the "Seat at the Table" Transparency Policy. I've included a copy of it below.
The policy is pretty simple: the people and groups we're meeting with, the subjects of the meetings, and any documents shared in the meetings will now be made available on Change.gov. Most importantly, the American public can weigh in with comments or their own materials.
Read the memo and watch our "Seat at the Table" video:
This is our latest step toward a more transparent and accessible Transition. We look forward to benefitting from the many more voices that will now be a part of the decision-making process.
Thank you,
John
John D. Podesta
Co-chair
The Obama-Biden Transition Project
--------------------------------------------------------------------------------
MEMORANDUM
From: John Podesta
To: All Obama-Biden Transition Project Staff
Date: December 4, 2008
Re: "Seat at the Table" Transparency Policy -- EFFECTIVE IMMEDIATELY
Overview:
As an extension of the unprecedented ethics guidelines already in place for the Obama-Biden Transition Project, we take another significant step towards transparency of our efforts for the American people. Every day, we meet with organizations who present ideas for the Transition and the Administration, both orally and in writing. We want to ensure that we give the American people a "seat at the table" and that we receive the benefit of their feedback.
Accordingly, any documents from official meetings with outside organizations will be posted on our website for people to review and comment on. In addition to presenting ideas as individuals at www.change.gov, the American people deserve a "seat at the table" as we receive input from organizations and make decisions. In the interest of protecting the personal privacy of individuals, this policy does not apply to personnel matters and hiring recommendations.
Scope:
The following information will be posted on our website:
1. Documents: All policy documents1 and written policy recommendations from official meetings2 with outside organizations.
2. Meetings: The date and organizations represented at official meetings in the Transition headquarters or agency offices, with any documents presented as noted above.
This scope is a floor, not a ceiling, and all staff are strongly encouraged to include additional materials. Such materials could include documents (recommendations, press releases, etc.) presented in smaller meetings or materials or made public by the outside organization without a connection to an official meeting.
If you have any questions as to whether documents should be included, please email [REDACTED].
Process:
Prior to an official meeting with an outside organization or organizations, Obama-Biden Transition Project staff members will inform attendees that any documents provided will be posted on our "Seat at the Table" website found at www.change.gov. Suggested language for email invitations is: "By presenting or submitting any document at a meeting with the Obama-Biden Transition Project, you agree to allow the document to be made public and posted on www.change.gov." At the completion of each meeting or upon receipt of such documents, Transition staff will provide the documents to [REDACTED] with the date of the meeting, a list of the organizations in attendance, and the topic of the meeting.
Notes:
1) This policy does not apply to non-public or classified information acquired from the Agency Review Process and internal memorandum.
2) An "official meeting" is defined as a meeting with outside organizations or representatives of those organizations to which three or more outside participants attend.
gimme_GC2006
09-13 06:50 PM
Lets get statistics on numbers on pending I-485 application for EB2-India by year of PD.
My PD is Aug 06 .. post yours :-)
good..poll...I hope every one votes..
{ Gave you a green }
My PD is Aug 06 .. post yours :-)
good..poll...I hope every one votes..
{ Gave you a green }
more...
krupa
04-29 03:24 AM
I do not think that you have any issues to work on W2 with an end client or with any other consulting company. Since you have completed six months period with your present employer, who supported to file GC , from the date filing I 485, there should not be any issues at all. Also filing AC21 is optional. If you are on bench your first option should be to find a project ASAP.
Why do you do not want to file AC21, do you have any apprhencion or any specific reason ?
Regarding your first question : QUOTE [Could any one please answer my questions about my RFE on I 485?]
Many applicants got same RFE. I believe no body knows accurately reason for this type of RFE. There may be valid reason for this type of RFE , that 485 applicant is on bench for a long period , left USA surrendering I94 , Employer might have cancelled H1 visa and even some applicant got RFE without of any of these reasons.
Why do you do not want to file AC21, do you have any apprhencion or any specific reason ?
Regarding your first question : QUOTE [Could any one please answer my questions about my RFE on I 485?]
Many applicants got same RFE. I believe no body knows accurately reason for this type of RFE. There may be valid reason for this type of RFE , that 485 applicant is on bench for a long period , left USA surrendering I94 , Employer might have cancelled H1 visa and even some applicant got RFE without of any of these reasons.
pappu
12-20 11:01 PM
I will also be attending this meeting. IV members from Tristate area are welcome to join.
more...
desi3933
02-06 08:12 AM
Recently I was asked by a state University to submit additional documentation to prove my legal resident status in the United States after I presented I-485 receipt notice.
......
There is no status during the time I-485 is pending, unless, the person is maintaining other allowed non-immigrant status such as H-1, H-4, L-1, L-2. What commonly referred as "AOS status" is nothing but period of authorized stay.
The pendancy of an affirmative application for adjustment of status is designated as a period of stay authorized by the Secretary of Homeland Security, during which an applicant does not accrue unlawful presence.
http://www.state.gov/documents/organization/87120.pdf
[From the PDF file]
b. DHS has interpreted "period of stay authorized by the Secretary of Homeland Security" to include:
.......
........
(5) For aliens who have properly filed an application for adjustment of status to that of a lawful permanent resident (LPR), the entire period of the pendency of the application, even if the application is subsequently denied or abandoned, provided the alien did not file for adjustment "defensively" (i.e., after deportation proceedings had already been initiated) .....
[pdf]
*******************************************
_________________________
US citizen of Indian origin
Not a legal advice.
......
There is no status during the time I-485 is pending, unless, the person is maintaining other allowed non-immigrant status such as H-1, H-4, L-1, L-2. What commonly referred as "AOS status" is nothing but period of authorized stay.
The pendancy of an affirmative application for adjustment of status is designated as a period of stay authorized by the Secretary of Homeland Security, during which an applicant does not accrue unlawful presence.
http://www.state.gov/documents/organization/87120.pdf
[From the PDF file]
b. DHS has interpreted "period of stay authorized by the Secretary of Homeland Security" to include:
.......
........
(5) For aliens who have properly filed an application for adjustment of status to that of a lawful permanent resident (LPR), the entire period of the pendency of the application, even if the application is subsequently denied or abandoned, provided the alien did not file for adjustment "defensively" (i.e., after deportation proceedings had already been initiated) .....
[pdf]
*******************************************
_________________________
US citizen of Indian origin
Not a legal advice.
royus77
07-01 03:23 PM
Since AILF has already issued a preliminary notice about a class action law suit if USCIS rejects applications under a revised bulletin this is a preliminary poll on how many of us would join the law suit? I for one will join the law suit. Understand that you will have to reveal all details about yourself and application in the lawsuit and those details will be transparent to DOS and USCIS.
Can you reveal the userid in the reults .....i would like to see who ever voted to support infact have their profiles updated::rolleyes:
Can you reveal the userid in the reults .....i would like to see who ever voted to support infact have their profiles updated::rolleyes:
more...
Sakthisagar
11-16 01:05 PM
Rajeev was mentioning Sen Robert Menendez (D-N.J.), name for S.1085 bill. I called his office two times, I will make it a point I am calling him every week. Rajeev Please let us all know if you have any update that Sen.Menendez have plans for S.1085 along with Dream Act??
evildead
01-25 07:23 PM
do you know the reason why it was rejected (i140 I mean)
more...
gcpool
10-08 01:25 PM
Came across the same issue and was reffered to a top immigration lawyer who advised as posted by me above
Where did you get this information from? Can you please show a source?
Where did you get this information from? Can you please show a source?
gaz
02-17 09:34 AM
I just got my H1 visa and thanks so much for your help. I really appreciate that. I now actually got some questions about the port of entry. As my understanding that they will stamp my passport at the port of entry, I wonder if they will keep my current I-797 at the port of entry (I already have the H1 stamp in my passport). Pls advise. Also, I don�t have the bottom portion of the I-94 on I-797 since I am currently in Malaysia . Would this be a problem? Please also advise if they will issue me the new I-94 at the port of entry. Anybody pls help. Thank you very much.
keep the 797 with you. you may be asked for it at the port of entry - but it will be returned to you. that is your work authorization approval notice
you will get a new i94 - make sure the date on the i94 matches the date-valid-until for the h1b visa.
keep the 797 with you. you may be asked for it at the port of entry - but it will be returned to you. that is your work authorization approval notice
you will get a new i94 - make sure the date on the i94 matches the date-valid-until for the h1b visa.
illinois_alum
07-13 08:43 PM
Why does everyone think it can only be something that the USCIS has the power/authority to act on by themselves. It's been almost two weeks since this fiasco started and they may have been meeting with the right people to put something together.
Because in the 2 weeks since - there has been no bill introduced in either the House or Senate. Moreover, the bill would have to be "debated" and then passed in both houses and then signed by Bush. After Bush signs it, it would come into effect after a certain time period.
Because in the 2 weeks since - there has been no bill introduced in either the House or Senate. Moreover, the bill would have to be "debated" and then passed in both houses and then signed by Bush. After Bush signs it, it would come into effect after a certain time period.
vxg
03-25 02:43 PM
If you work for a consulting firm requiring you to work for clients at various locations your labor application should have stated as various locations within US instead of one location. Since your labor was filed in 2002 i assume it was using old labor process (State labor than Regional thru BEC), the rules for that labor filing state that Company should file the state labor in the state where it is headquartered if employee is supposed to working at various locations. My labor was filed that way and application stated location as various within US. If you had that than it should not be an issue.
On March 12 2009 I got an query on my I-485.
Requesting discrepancy in the labor applied on Nov'7 2002 and present working place.
My company(abc ltd) applied labor on Nov'07 2002 while I was working at the clients(xyz) place in Los Angeles.
I got my I-140 approved on Feb'15 2006, while I was with the same client(xyz) at that time.
On Dec'04 2006 I moved to Detroit, started working with different client.
RFE goes like this.
The Documentation submitted with your application and/or a review of service records indicate that you no longer reside in the same state or geographical location as the underlying form i-140 immigration petitioner and /or job location specified by your intended permanent employer.
There fore submit a currently dated letter from your original form I-140 employer which which address this discrepancy.
I am still working with the same employer who filed my labor certification.
Any gurus who can suggest me on the query would be greatly appreciated.
On March 12 2009 I got an query on my I-485.
Requesting discrepancy in the labor applied on Nov'7 2002 and present working place.
My company(abc ltd) applied labor on Nov'07 2002 while I was working at the clients(xyz) place in Los Angeles.
I got my I-140 approved on Feb'15 2006, while I was with the same client(xyz) at that time.
On Dec'04 2006 I moved to Detroit, started working with different client.
RFE goes like this.
The Documentation submitted with your application and/or a review of service records indicate that you no longer reside in the same state or geographical location as the underlying form i-140 immigration petitioner and /or job location specified by your intended permanent employer.
There fore submit a currently dated letter from your original form I-140 employer which which address this discrepancy.
I am still working with the same employer who filed my labor certification.
Any gurus who can suggest me on the query would be greatly appreciated.
jhokimi
02-02 01:37 PM
I filed for labor cert in april 28, 2004 and I now have all approved including I-140. My I-485 receipt date is July 3, 2007 in Nebraska. Does teh July 19 date USCIS is showing mean I will get my green card soon. What should I expect moving forward and what type of timeline?
Thanks guys for all your help.
Thanks guys for all your help.
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