Wednesday, June 15, 2011

Miss You Dear

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  • miss you dear. miss you best



    • waiting4gc42long
    08-11 01:14 AM
    retrogression!... if dates does not move and your wife were not able to file 485 before they approve your AOS... she will be out of status the day your 485 gets approved if she were to stay in dependent status (H4).. she has 180 days from the date of your approval to file hers.. if that doesn;t happen.. then she will have to leave the country to avoid problems..

    I would say file it together.. thats the best..

    He will get around 10 days to apply for his spouse after the dates are current and before the approval of his petition. Better file now and add spouse to the application later. This is what I would suggest.




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    • Hassan11
    04-09 10:40 AM
    Here is my situation:

    I was on H-1 B status with my former employer then I changed jobs using AC 21 and I am currently working on EAD with my new employer. I didn't transfer my H-1b from former employer to new employer since I have EAD. I still have H-1b visa stamp on my passport that will not expire until end of 2010. I am planning to go home to visit my family during the summer for 2 weeks. my question is : do i need to apply for travel document to be able to come back or can I just use the H-1B stamp on my passport even tough I am not with my green card sponsoring employer anymore??

    Please advise. Thank you in advance.




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    • Better_Days
    05-31 08:01 PM
    Thanks so much sumggymba, just one more thing if you know. Do they file eb2 ?

    Yes they do. A friend of mine got his GC processed in EB2 and it was a few years ago. .

    Please note that he did have a Masters from a US university.




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    • kukitron
    10-05 08:33 AM
    Great info,

    Cons
    Salaries are quite low compare to the US,

    Pros,
    No Visa retrogression

    thanks


    more...


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    • reddy77
    08-17 09:01 AM
    saimrathi, I am in the same boat too, got the 693 supplement form last week from DR's office, but we filed 485 application in july 2nd week.this is not our mistake. do we need to worry about this ?

    I recd supplementary forms to I-693 for my wife and I from the Civil Surgeon earlier this week. Along with the supplementary forms I recd two envelopes (one addressed to me, and the other one to my wife) that had DO NOT OPEN written on them. I sent these to my lawyer's office.

    I called the doctor�s office and this is what I found out. Apparently, when the doctor had first given us the sealed envelopes (in June 2007) she didn�t know that the Supplementary form needs to go with the certification she provided us in the sealed envelopes. We sent the sealed envelopes with our Concurrent I-140 = 485 application recd at NSC on 7/2/07 (as per UPS). Now, some of her clients have recd letters from USCIS asking for the Supplementary form, so she has sent the same out to all of her clients regardless of them getting a letter from USCIS. I hope our application doesn�t get rejected due to this; no checks cashed as of today.

    My lawyer's response: No the application should not get rejected because of this...however we will submit the supp doc's report to the USCIS when we get the receipt notices.

    Anyone else in the same boat? Is this something to worry about? See signature for more info...




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    • Steve Mitchell
    March 3rd, 2004, 12:51 PM
    Glad to see this happening. Critiquing and being critiqued are great ways to improve.
    Need Guidance in using Cross Chargeability [Archive] - Immigration Voice
    Log in

    View Full Version : Need Guidance in using Cross Chargeability



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    • chanduv23
    07-11 12:42 PM
    Ah Snap. I'm From Sri Lanka and would be willing to go, but i work till 5, then have other arrangements till 7pm. Let me call her in a bit and see if anything can be worked out.

    Cool - keep us posted. I am calling her too though I am Indian :)




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    • snathan
    02-15 04:06 PM
    You are correct then only Andhra Pradesh have been retrogressed. If you remove AP from that equation. everything will be normal.

    I can bet 90 percent of the GC applicants are from India are from AP.

    Jet

    I was sure some one will come with this info...Let the fight begin..:D


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    • redelite
    08-19 10:32 AM
    I'll try to get one up sometime today along with a YA RLY one, I got a few ideas up in my noggin'..




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    • Ramba
    07-06 12:51 PM
    The unused visas between 2000 and 2006 is just 101,596 only, after 50,000 recaptured for nurses. Not 181,000. It is wrong info.

    If they recapture from 1994 to 2006, then we will get 216,000 EB visas.


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    • nogc_noproblem
    02-14 02:01 AM
    I485 along with EAD and AP applications filed during July 02 for me and my family. Got EAD and AP. Used Company�s attorney to file my applications. I live in Michigan and all documents send to TSC. My I-485 is pending with TSC.

    Renewed EAD and AP last year, again used the same attorney. That time they filed EAD and AP applications at NSC as per http://www.uscis.gov/files/form/I-765instr.pdf page 11

    I am still on H1B and never used EAD and AP.

    I am planning to file EAD and AP renewal now (paper filing), but this time on my own. My questions are:


    How can I ensure that all communications from USCIS will be sent to me and not to the attorney? How the earlier G-28 forms we submitted will cease?

    Do I need to submit my EAD and AP renewal applications to NSC? In other forums somebody suggested that it need to be filed at the service center where my I485 is pending.

    Recently I had been to SSN office to get SSN# for my son (8 years). They refused to give SSN and asked me to get EAD for my son. When I questioned how EAD can be applied for a minor, they responded saying that I can apply EAD for minor and based on that EAD, SSN (not permitted to work) will be given to my son. Anybody got EAD for minors?

    Thanks in advance for your help.




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    • fide_champ
    04-09 08:17 AM
    My labour was filed in RIR on March 2005 and got approved on August 2006.

    The employer filed for a I-140 in November 2006.

    But in July 2007 while filing for I-485 the attorney filed another I-140 which triggered a duplicate filing on the previous I-140.

    Then in August 2008 when the second I-140 came for processing it got DENIED reason stating the attorney did not attach the certified labour copy while filing the I-140 (how silly it is ).

    But quickly to cover up their mistakes the attorney filed a MTR in August 2008 for the second I-140.

    My 6th year of H1B expired on November 2008 and my employer filed for 7th year extn based on approved labour and pending MTR.

    December 2008 the MTR got denied till date the employer is not talking about what happened to the MTR why it got DENIED. Subsequently my I-485 got DENIED. Also got an RFE on the 7th year H1B extn.

    Now to cover up again the attorney on the directions on my employer filed a new I-140(which is my third). And replied to the H1B RFE and the current online status shows case resumed as of January 2009.

    QUESTION:

    1. Am I technically Out of Status?
    2. If yes from when precisely?
    3. Is there any chances of applying a new H1B in premium processing?
    4. Will there be any chances of re instating the I-485 if the third I-140 gets approved?
    5. Is there a way to atleast ask the attorney to refund all the money that I have wasted because of the negligence of the attorney?

    Adding salt to the wound I have one more situation here.

    I need to renew my Indian Passport which is expiring in June 2009 (another 2 months).

    I dont have an approval notice with me, is it possible to renew the passport with the H1B receipt?

    Is there any Same Day passport service at SFO Indian Consulate?

    Kindly excuse me if I am confusing or not clear on points. I am very confused and mentally upset.

    Please GURU's I am eagerly waiting for some +tive notes.

    Thanks

    Find another attorney who is knowledgable. I have been in similar situations like these and i know how it feels. The employer should be held resposible for all the mis-haps.

    WHat happened to your first I140?

    You are techically in-status as your H1-B is still under processing.
    As for your passport renewal, the H1-B receipt should be good enough to prove that you are in status. I think the indian consulates allow you to renew passport a year before the expiry date so you actually missed renewing well before your H1 expired. But anyway there is no way out now as you have to send the receipt and pray that they accept that as a proof.


    more...


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    • meridiani.planum
    01-08 12:03 AM
    Below mentioned points are from the NAFSA Adviser's Manual (2006 release)

    7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
    Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.

    H-1B automatic revalidation different than that for F and J nonimmigrants
    F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.

    7.27.2.2
    Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.

    7.27.2.3 Revalidation of H visas in the United States no longer possible
    Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.

    7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
    Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
    have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.



    Please let me now if these points are in place currently.
    And if yes then please consider this case gurus. If somebody has a valid first H1B extension (with I-94) till 2012 and if he goes for stamping in mexico and gets 221(g). Then can he come back to USA even if his old H1B and old I-94 has expired while his case is pending under 221(g) status in mexico?
    I will appreciate your thoughts on this.

    no, when you go for visa stamping the first thing they typically do is stamp a 'cancelled without prejudice' on yuor old visa, and they also usually take your I-94. So if you do get a 221(g), then the typical option is to either wait it out or take the passport back and go to the home country.

    P.S: fix the subject, it is too generic...




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    • prout02
    11-26 01:14 PM
    I don't have an answer to your question, but it seems a Cognovit Promisory Note could exist only between a creditor and debtor, not between an employer and employee.

    I am really surprised your employer went to this circuitous way to bond you for your employment obligation. Do take your note's language and consult a good attorney. This is some uncharted territory. Shows how creative these unscrupulous employers are. Still you may have a way out, if you can prove it is employment obligation related.

    Hi,

    My employer "ABC" (Consultancy) based in Ohio made me sign a Cognovit Promissory Note for 'X' amount ( where 'X' is a pretty large amount) on my arrival to US on H1-B visa earlier this year. I've been associated with him for less than an year now.

    Question:
    Does this note have any significance according to US law, esp. Ohio?
    If I plan to move from this consultancy, can this note be held as a Legal Document and any legal action taken against me based on this note?

    What is my way out of this?

    I would be highly obliged if anyone can provide any help on this matter.

    Regards
    Chint001


    more...


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    • arc
    05-30 02:17 PM
    I had another PDF open and the confirmation PDF opened in back ground.

    Make sure:

    You close all PDFs before clicking Finish
    Check your pop-up blocker is off
    try pressing and holding "ctrl" key, then click on finish.

    The window takes about 20-25 seconds to show the PDF Efile confirmation.

    Good Luck!




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    • rockstart
    04-16 01:52 PM
    You can appeal the decision and other stuff to get temporary repreive. But its your decision. Say if your GC gets denied for criminal past or for failing one of the rules set up then whether you are on AOS or H1-B it is pretty much end of story for you. The only advantage you have being in H1 is you get time to wrap up your stuff in US leasurely till your H1 is valid because I am sure by the time your GC is denied you will also have exhausted your 6 years on H1 and so your next H1 extension will also get denied. There is nothing you can do in case of criminal past to negate it. If AOS is denied for 140 related issues yes there is a second chance. But the decision is entirely yours


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    • bobsn
    04-02 03:52 PM
    So Let me get this clear in my head..

    If the I-94 is valid for 6 months and then if you need to extend the stay of your parents

    option 1: to apply for extension with the USCIS .. (can someone please provide the process to do this)
    Do you know if USCIS would accept that the mother is here to help out the daughter thru pregnancy?

    option 2: Go out of the US (Mexico, West Indies) and return in 1 month?

    option 3: Can you go to Canada like say at the end of month 4, stay there for a few days and come back into US for another 3-6 months. Does this work at all?

    option 4: Request the officer at POE for a longer stay (> 6months) showing supporting documents.

    Thanks




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    • jackrabbit
    04-09 01:36 PM
    Planning to use AC21 Portability and work on EAD.


    If you are planning to work on EAD, then you are not using AC21.
    Is my understanding correct?




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    • Pegasus503
    11-28 12:55 AM
    It could be a soft touch (system) or someone just looked at your 140 - Keep an eye out.

    I understood it to be a part of the 485 processing that they link your 140 to your 485 and this process date stamps the 140 record.




    morchu
    05-04 04:37 PM
    That I agree.
    USCIS can reject that second extension, since at the time of that extension application he dont have a pending immigration petition.
    AFAIK, already approved H1 is not invalidated. But, if you are on H1 (based on I-485) and your I-485 is denied, and later you lose your job with the H1 employer, then you might not be able to transfer your H1 to a new employer even though you have time left on the extended H1. Obviously, this is my opinion.




    GCwaitforever
    02-02 03:05 PM
    Summary: It is good to work for USCIS or FBI. There is loads of overtime while in service and even after retirement they fall on your feet to do more work. :D;)


    Posted by heidi montag at 5:57 PM

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