LostInGCProcess
09-16 05:59 PM
The approval of h1 will not invalidate H4 visa. The usage of h1 visa invalidates H4 visa.
if you have h1 approved and don't join the company, then your h4 remains intact. Once you join a company on h1, you will fill out i-9 form, which informs the concerend authorities about your status change.
All these are correct. But the main issue is tv25's spouse H1 is denied and the reason is "misrepresentation". So, its a serious charge. And if its on the company's side that put any bogus documentation then he is fine...but if its on his wife's documentation then he ought to be worried cause it may/may not(only an attorney can answer) affects his I-484 case...his credibility is at stake now.
TV25, Ron Gotcher is a good attorney and this is his web site http://www.imminfo.com/...I don't know him personally but, he is an American and he replies to most of the queries in his forum, and with very good explanation. Ask him...that's my suggestion...
if you have h1 approved and don't join the company, then your h4 remains intact. Once you join a company on h1, you will fill out i-9 form, which informs the concerend authorities about your status change.
All these are correct. But the main issue is tv25's spouse H1 is denied and the reason is "misrepresentation". So, its a serious charge. And if its on the company's side that put any bogus documentation then he is fine...but if its on his wife's documentation then he ought to be worried cause it may/may not(only an attorney can answer) affects his I-484 case...his credibility is at stake now.
TV25, Ron Gotcher is a good attorney and this is his web site http://www.imminfo.com/...I don't know him personally but, he is an American and he replies to most of the queries in his forum, and with very good explanation. Ask him...that's my suggestion...
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axp817
03-17 05:44 PM
Thanks for the reply.
- A person is on his 5th Year of H1 and his I-485 gets rejected - he can go back to H1 (Since he has 1 year left).
- A person has exhausted his 6 years (May be in his 7th year). Now his I-485 gets rejected - he cannot go back to H1 (Since he has exhausted his 6 years on H1).
Not sure if my understanding is right here
That is correct, scenario 1, atleast to me, seems like a smarter choice, and that is what I have chosen to do.
You can go back on the H-1B if your 485 were to get denied and your appeals (assuming you made any) were to fail, although I am not sure if you need to leave the country and re-enter or if you can adjust status to H-1B without leaving the country.
- A person is on his 5th Year of H1 and his I-485 gets rejected - he can go back to H1 (Since he has 1 year left).
- A person has exhausted his 6 years (May be in his 7th year). Now his I-485 gets rejected - he cannot go back to H1 (Since he has exhausted his 6 years on H1).
Not sure if my understanding is right here
That is correct, scenario 1, atleast to me, seems like a smarter choice, and that is what I have chosen to do.
You can go back on the H-1B if your 485 were to get denied and your appeals (assuming you made any) were to fail, although I am not sure if you need to leave the country and re-enter or if you can adjust status to H-1B without leaving the country.
GCEB2
08-13 02:53 PM
Can somebody update on this issue too� now that most of them are getting GC.
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sammas
07-08 05:17 PM
[QUOTE=sammas;1967354]Probably the RFE might be related to photos not being sent. A friend of mine received a RFE for not sending the photos eventhough they are not required to be sent but he did not get any Biometrics notice. [QUOTE=sammas;1967354]
Sammas, May be it was lost in the mail, so your friend did not receive and the USCIS issued an RFE.
Austingc,
What do you mean by lost in the email? What are you referring to here? I am sorry, I did not get what you are trying to mention here.
The RFE was to send the photographs. Online status also was changed to Request For Evidence and then once the photos were sent the status was changed back to resumed processing and after that the status was changed to Approved. Hope it is clear now.
Sammas, May be it was lost in the mail, so your friend did not receive and the USCIS issued an RFE.
Austingc,
What do you mean by lost in the email? What are you referring to here? I am sorry, I did not get what you are trying to mention here.
The RFE was to send the photographs. Online status also was changed to Request For Evidence and then once the photos were sent the status was changed back to resumed processing and after that the status was changed to Approved. Hope it is clear now.
more...
sumitmathur
08-21 02:02 PM
I called USCIS regarding this issue. Representative mentioned that once u have GC, it is your choice if you want to change jobs. There is no rule stating that you have to stick to your employer who sponsered GC for any period of time. He also mentioned that changing job after getting GC does not affect citizenship application.
BTW, I got my GC on 08/08/08.
BTW, I got my GC on 08/08/08.
voldemar
03-07 02:43 PM
Hi,
Doesn't the recent USCIS Yates memo (the same one that said that H4 time will not be counted against 6 year H1 limit), also say that dependen children will be granted a GC if they were under 21 at the time of filing the petition? They need not necessarily be under 21 at the time the petition is approved...
not completely sure.. please check or ask a attorney...
No, there is old Child Protection Act and it protects from aging out while I-140 is in process. So child age is determined as age on time of filing I-485 (that means that visa is immediately available) minus time that I-140 was pending with USCIS.
Doesn't the recent USCIS Yates memo (the same one that said that H4 time will not be counted against 6 year H1 limit), also say that dependen children will be granted a GC if they were under 21 at the time of filing the petition? They need not necessarily be under 21 at the time the petition is approved...
not completely sure.. please check or ask a attorney...
No, there is old Child Protection Act and it protects from aging out while I-140 is in process. So child age is determined as age on time of filing I-485 (that means that visa is immediately available) minus time that I-140 was pending with USCIS.
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GIC
07-12 04:42 PM
Sorry if I sound offensive man but with this kind of English you need serious help before you need EB category green card.
Well TimeSaver, you need to brush up your English too !!!
Well TimeSaver, you need to brush up your English too !!!
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pani_6
11-28 05:23 PM
I think it was Collin Powell that help passed the 7th year extension and one year extensions there on if LC is pending for a year..this was passed since there was a crisis with delay in LC adjudications....so we are at a point that we need such a relief soon...we are heading towards such a crisis point..soon...EB releif should happen soon...I think this was a single issue that was handled and relief provided and EB matters should be handled in a piece meal manner....(I may be wrong may be it was a part of AC21)...also oppenents are saying why piece meal handle when CIR is in place to delay any kind of a relief..
Some of us here are under the grand illusion that
(a) the lawmakes consider relief for skilled immigrants in isolation to be an important enough issue that they will make it a priority
(b) Relief for EB immigrants is totally non-controversial and everybody and his brother will back us.
Both assumptions are dead wrong. If 900 of the biggest companies and universities in america cannot convince congress to make SKIL bill a priority, then you know what a formidable challenge lies ahead of us.
As for EB relief being non-controvesial, I only need give one counter-example : S 1932.
We are all desperate for any relief : I repeat ANY. To think that the core team would be so shortsighted as to only pursue grandiose bills like CIR and not be on the look out for smaller relief measures is naive and severely underestimating their intelligence.
Some of us here are under the grand illusion that
(a) the lawmakes consider relief for skilled immigrants in isolation to be an important enough issue that they will make it a priority
(b) Relief for EB immigrants is totally non-controversial and everybody and his brother will back us.
Both assumptions are dead wrong. If 900 of the biggest companies and universities in america cannot convince congress to make SKIL bill a priority, then you know what a formidable challenge lies ahead of us.
As for EB relief being non-controvesial, I only need give one counter-example : S 1932.
We are all desperate for any relief : I repeat ANY. To think that the core team would be so shortsighted as to only pursue grandiose bills like CIR and not be on the look out for smaller relief measures is naive and severely underestimating their intelligence.
more...
rajuram
11-12 09:48 PM
Canada is a great country, I am sure there are plenty of good trash cans all around the country, surely they can hold a small litte I94.
Or how about getting your I 94 framed and selling it on ebay?
Relax..............have a great future in Canada...
Or how about getting your I 94 framed and selling it on ebay?
Relax..............have a great future in Canada...
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senk1s
09-13 03:09 PM
did it get transferred to CSC?
You might find this info on the check image
You might find this info on the check image
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invincibleasian
02-04 06:13 PM
srikondoji,
My wife and I have an appointmnet on the 20th of Feb at Chennai. I am taking the same set of documents I took couple of years ago (of course the updated ones). Olny thing is this time my I-140 is approved and I have disclosed that info in my application. I am hoping that nothing will go wrong. PM me if you want feedback after my interview.
I had my I140 approved too and had mentioned it in my application. They dont bother you. They however gave me 221g to verify student status and delayed my visa for two weeks. Interview was less than 2 mins and the vo said she had to verify student status thats it.
My wife and I have an appointmnet on the 20th of Feb at Chennai. I am taking the same set of documents I took couple of years ago (of course the updated ones). Olny thing is this time my I-140 is approved and I have disclosed that info in my application. I am hoping that nothing will go wrong. PM me if you want feedback after my interview.
I had my I140 approved too and had mentioned it in my application. They dont bother you. They however gave me 221g to verify student status and delayed my visa for two weeks. Interview was less than 2 mins and the vo said she had to verify student status thats it.
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naushit
12-18 09:37 PM
I would like to register...Just leave message here?
Is there anything I can do?
Please let me know.
-Naushit.
Is there anything I can do?
Please let me know.
-Naushit.
more...
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apahilaj
05-10 02:43 PM
On a seperate note, did you guys apply yourself. Do you already have a G-28 form signed for a lawyer?
I applied myself - so why do I need a G-28 from my lawyer?
I applied myself - so why do I need a G-28 from my lawyer?
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EkAurAaya
11-30 10:31 PM
to file a new set of 485s for the new current PD when two individuals have pending 485s and a A# assigned.
The great ways of USCIS.
Anilsal.. it is perfectly fine and allowed to have multiple AOS application, and in many ways common too... a friend of mine had his EB 485 pending, he then got married to a US citizen... he had to file another AOS to get GC through marriage.
Sometimes people have FB AOS pending and they apply EB AOS.... so this was nothing out of the ordinary.
The A# is used to merge the applications. So there are no open cases if one is approved... hope this makes sense.
The great ways of USCIS.
Anilsal.. it is perfectly fine and allowed to have multiple AOS application, and in many ways common too... a friend of mine had his EB 485 pending, he then got married to a US citizen... he had to file another AOS to get GC through marriage.
Sometimes people have FB AOS pending and they apply EB AOS.... so this was nothing out of the ordinary.
The A# is used to merge the applications. So there are no open cases if one is approved... hope this makes sense.
more...
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micofrost
08-30 12:34 AM
Same here...We received same FP fees rejected notice but checks are cashed. Our lawyer mailed the proof of cashed checks for 325 + 70. But to our surprise even before that we received appointment for FP.
I think this is common error on USCIS system. Most probably they will send you FP appointment notice. So relax..
I talked to my lawyer and they said the checks has been encashed. I talked to an IO, and he said that they did receive the $70. But I asked them why the status saying FP fee rejected. TO that he replied I dont see that. But since we have mailed you a notice, you go acheck the contect of the notice after you receive it.
But my lawyer send an info from AILA, which says that the USCIS is erroneously rejecting the cases inspite of sending the correct fees.
I dont know what to do ?
I think this is common error on USCIS system. Most probably they will send you FP appointment notice. So relax..
I talked to my lawyer and they said the checks has been encashed. I talked to an IO, and he said that they did receive the $70. But I asked them why the status saying FP fee rejected. TO that he replied I dont see that. But since we have mailed you a notice, you go acheck the contect of the notice after you receive it.
But my lawyer send an info from AILA, which says that the USCIS is erroneously rejecting the cases inspite of sending the correct fees.
I dont know what to do ?
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StarSun
08-17 03:14 PM
I have never joined to IV conference call so I don't know which number to dial and also if any pin or passcode number is required. Please give details of conference call.
The conference dial in details will be posted by tomorrow.
The conference dial in details will be posted by tomorrow.
more...
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eb3_nepa
04-21 11:04 AM
I am all for abonding H1B, when did IV promoted H1B program, we have this mess today due to H1B and itz loopholes,
I don't use word slave very lightly, but we need to accept the fact many of H1Bs are handcuffed with current system, We need system similar to Austrialia, Canada a point based system or very similar to Nurses in US they get GC before even coming to US.
H1Bs are truly pulling the wages down, I know I did when I came here I have no argument with anti-immigrants with this subject, but giving GCs to these H1Bs will have fair chance to compete in Market
Corporate leaders such Bill Gates and Senators such as Kennady do know this issue and have deep understanding but they don't give a rat about it,
Please do not say negative things against the H1B visa guys. Remember if it was not for the H1B, you guys would be in ur home countries right now. Let us all please stop abusing the VERY priviledge we have. H1Bs are FREE to change jobs at will. If you dont like your job CHANGE IT or GO BACK. Slaves cannot change jobs OR go back to their own countries. We cannot expect the system to start bowing to our wishes everytime we dont like what we currently have. No i am not an anti immigrant, Yes I am from India and stuck like the rest of you in retrogression. Right now i would walk a million miles to obtain an H1B visa for my spouse who is stuck in limbo coz of this H1B lottery.
Also this discussion is FUTILE. IV now after 2 years of slogging has a "NAME BRAND". Logiclife has explained that this name cannot be changed. It is a good idea to be called "Legal Immigration Voice" but it is TOO late now. Instead of discussing this let us help the Current Immigration Voice name to achieve success.
I don't use word slave very lightly, but we need to accept the fact many of H1Bs are handcuffed with current system, We need system similar to Austrialia, Canada a point based system or very similar to Nurses in US they get GC before even coming to US.
H1Bs are truly pulling the wages down, I know I did when I came here I have no argument with anti-immigrants with this subject, but giving GCs to these H1Bs will have fair chance to compete in Market
Corporate leaders such Bill Gates and Senators such as Kennady do know this issue and have deep understanding but they don't give a rat about it,
Please do not say negative things against the H1B visa guys. Remember if it was not for the H1B, you guys would be in ur home countries right now. Let us all please stop abusing the VERY priviledge we have. H1Bs are FREE to change jobs at will. If you dont like your job CHANGE IT or GO BACK. Slaves cannot change jobs OR go back to their own countries. We cannot expect the system to start bowing to our wishes everytime we dont like what we currently have. No i am not an anti immigrant, Yes I am from India and stuck like the rest of you in retrogression. Right now i would walk a million miles to obtain an H1B visa for my spouse who is stuck in limbo coz of this H1B lottery.
Also this discussion is FUTILE. IV now after 2 years of slogging has a "NAME BRAND". Logiclife has explained that this name cannot be changed. It is a good idea to be called "Legal Immigration Voice" but it is TOO late now. Instead of discussing this let us help the Current Immigration Voice name to achieve success.
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JunRN
12-18 04:44 PM
So people should stop asking, right? Every now and then, people are asking whether it is from Receipt Date or from Notice Date.
People calling the USCIS Customer Service for EAD (90 days) always get an answer that it is from Notice Date. We know it is from Receipt date, not notice date.
Anyway, as I was saying, it is your path. I have chosen mine.
People calling the USCIS Customer Service for EAD (90 days) always get an answer that it is from Notice Date. We know it is from Receipt date, not notice date.
Anyway, as I was saying, it is your path. I have chosen mine.
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go_gc_way
06-22 07:43 PM
I think, if at all Minister is being planned to be met , it is better only few problems are presented to Minister.
PROBLEMS IN INDIA MAY DILUTE THE FOCUS. I think the following would be best to present ..
1) Retrogression.
2) Social Security Treaty.
Numbers justifying above data can do a lot good to explain the problem.
PROBLEMS IN INDIA MAY DILUTE THE FOCUS. I think the following would be best to present ..
1) Retrogression.
2) Social Security Treaty.
Numbers justifying above data can do a lot good to explain the problem.
rjgleason
June 11th, 2004, 11:34 PM
I appologize profusely for the misunderstanding... entirely mea cupla. :(
Anyway, you won't have to worry about having to see any bit of me anymore... perhaps there's somewhere where someone who shoots non-Canon equipment that doesn't have a CMOS or CCD inside it is welcome. Goodbye.
No need to apologize or leave and this site is not just for Canon or Nikon users but a site that is communal and not dictated by opinions.
I hope you don't leave.........I'd miss your valuable contributions. To add what Matt said about water under the bridge........the water flows but the bridge still stands.
Anyway, you won't have to worry about having to see any bit of me anymore... perhaps there's somewhere where someone who shoots non-Canon equipment that doesn't have a CMOS or CCD inside it is welcome. Goodbye.
No need to apologize or leave and this site is not just for Canon or Nikon users but a site that is communal and not dictated by opinions.
I hope you don't leave.........I'd miss your valuable contributions. To add what Matt said about water under the bridge........the water flows but the bridge still stands.
whereismygclost
08-19 06:01 PM
Background : EB2 India PERM applied in Oct'08.PERM RFE Audit notice received on Apr '09 and replied immediately by the lawyer. Currently as per iCert labor website Audit cases being processed as of 07/31/2010 are PD July 2008. My H1B six year completes on Jan 2012.
Question :
- When do I realistically expect any decision on my PERM audit?
- Should I apply for fresh PERM Labor in order to meet the 365 days prior labor applied rule for H1 extensions or should I wait for the audit to be decided? My spouse has EB2-I PD OCT '07 with 140 approved ..waiting to file 485.
- In case I decide to wait,what will be my status if the pending PERM currently under audit filed gets denied? What are my options for further H1 extensions in that situation?
- If advised,when should I plan to file my fresh PERM labor? Given that a RIF took place at my employer at end of May 2010, per my understanding there is a six month wait period after RIF to file for PERM labor. Hence, can I file PERM earliest by the end of Nov, 2010.Am I correct? Will I meet Jan 2011 deadline o file fresh PERM?
-What are your overall suggestions in my case?
Thanks for your help!
Question :
- When do I realistically expect any decision on my PERM audit?
- Should I apply for fresh PERM Labor in order to meet the 365 days prior labor applied rule for H1 extensions or should I wait for the audit to be decided? My spouse has EB2-I PD OCT '07 with 140 approved ..waiting to file 485.
- In case I decide to wait,what will be my status if the pending PERM currently under audit filed gets denied? What are my options for further H1 extensions in that situation?
- If advised,when should I plan to file my fresh PERM labor? Given that a RIF took place at my employer at end of May 2010, per my understanding there is a six month wait period after RIF to file for PERM labor. Hence, can I file PERM earliest by the end of Nov, 2010.Am I correct? Will I meet Jan 2011 deadline o file fresh PERM?
-What are your overall suggestions in my case?
Thanks for your help!
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