GlobalCitizen
08-21 01:16 PM
Gurus,
I need help please!
My employer applied for my H1B renewal very close to the expiration of my first H1B and I was told today that they got back the application becuase they made a mistake on the check. unfortunalty, they got back the application after my first H1B expired. They sent back the application with the right check and we have not heard anything yet. Am I ok or am I in a big trouble? Please, help! Thank you all.
I need help please!
My employer applied for my H1B renewal very close to the expiration of my first H1B and I was told today that they got back the application becuase they made a mistake on the check. unfortunalty, they got back the application after my first H1B expired. They sent back the application with the right check and we have not heard anything yet. Am I ok or am I in a big trouble? Please, help! Thank you all.
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SAPGURU
01-04 08:43 AM
Dear friends,
I need a urgent advice from you. I have two labor certificate one is EB3 with priority date April 04 and other is EB2 with priority date April 06.My employer has already filed my I140 using eb3 labor, and since my EB2 labor got approved after 9 months my employer is asking me to make a choice .Either EB2 or EB3 . They are saying they can not file two I140 . In order to file new I140 with EB2 labor they need to revoke the EB3 140 . I don't know what choice to make and seek your valuable advice. Please help me as i have only 10 days to make a decision.
I need a urgent advice from you. I have two labor certificate one is EB3 with priority date April 04 and other is EB2 with priority date April 06.My employer has already filed my I140 using eb3 labor, and since my EB2 labor got approved after 9 months my employer is asking me to make a choice .Either EB2 or EB3 . They are saying they can not file two I140 . In order to file new I140 with EB2 labor they need to revoke the EB3 140 . I don't know what choice to make and seek your valuable advice. Please help me as i have only 10 days to make a decision.
sparky_jones
06-08 10:48 AM
Can anyone please comment on Massachusetts licensing requirements? and the validity period for someone who is working on EAD? Thanks!
Fortunately, MA is still unaffected by the xenophobic policies regarding Driver's Licenses that are prevalent in other states. You can renew your license online, and the length or the nature of the validity of your immigration status has no influence on the type or duration of the driver's license. How long this will stay like this in MA is anybody's guess. I am sure they will also become restrictive when pressure is brought on by REAL ID regulations.
Fortunately, MA is still unaffected by the xenophobic policies regarding Driver's Licenses that are prevalent in other states. You can renew your license online, and the length or the nature of the validity of your immigration status has no influence on the type or duration of the driver's license. How long this will stay like this in MA is anybody's guess. I am sure they will also become restrictive when pressure is brought on by REAL ID regulations.
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kumarc123
03-03 12:07 PM
Hello there,
This is great news although I have a question. My wife is a endodontist (dentist, speciality in root canal surgery), (H1, EB2 India). She teaches at a university and practises in there. She has some publications as well (she does not qualify for EB1, as we dont want to go for a tenure track) Will she qualify under this physicians bill? She has 6 years experience in this filed.
Thank you
This is great news although I have a question. My wife is a endodontist (dentist, speciality in root canal surgery), (H1, EB2 India). She teaches at a university and practises in there. She has some publications as well (she does not qualify for EB1, as we dont want to go for a tenure track) Will she qualify under this physicians bill? She has 6 years experience in this filed.
Thank you
more...
gcformeornot
05-21 07:29 AM
have applied for L1 to H1 change of status, then you are already on H1, does not matter if H1 starts in Oct2008. If its COS then you should start working for new employer asap.
coolvigo
07-11 03:43 PM
I just post a msg saying we can file 485 if 140 is pending. But after reading some other posts, I realize that we can file it only if PD from the labor we are using is current. If we want to use PD from an old employers application, we need to have date ported on new i140 application before 485 can be applied.
Is that true? In that case, 140 from my new employer is not approved yet.....so i cud not be able to apply for 485 here :-(
My old PD Aug2005
New is from 2007 sometime,.
Is that true? In that case, 140 from my new employer is not approved yet.....so i cud not be able to apply for 485 here :-(
My old PD Aug2005
New is from 2007 sometime,.
more...
lazycis
02-14 04:42 PM
What a fabulous ruling this is.
One question for Lazycis:
# (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the “fingerprint check” described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."
As far as I can tell even (1) and (2) only apply to Naturalization applicants.
So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.
Great ruling. The analysis is totally applicable to AOS. Moreover, the government admitted that it was wrong in recent memo.
"In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."
Wait a minute, isn't immigration judge able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along!
I love also this part: "in the unlikely event that FBI name checks reveal actionable information".
As judge Baylson pointed out, "name check" is nowhere to found in laws and regs.
One question for Lazycis:
# (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the “fingerprint check” described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."
As far as I can tell even (1) and (2) only apply to Naturalization applicants.
So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.
Great ruling. The analysis is totally applicable to AOS. Moreover, the government admitted that it was wrong in recent memo.
"In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."
Wait a minute, isn't immigration judge able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along!
I love also this part: "in the unlikely event that FBI name checks reveal actionable information".
As judge Baylson pointed out, "name check" is nowhere to found in laws and regs.
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sayantan76
11-06 03:37 PM
AMERICAblog News: ThinkProgress: GOP entering class is a bit nutty (http://www.americablog.com/2010/11/thinkprogress-gop-entering-class-is-bit.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed:+Americablog+(AMERICAblog))
Here is a snapshot of the GOP Class of 2010�s extremism:
ENVIRONMENT
- 50% deny the existence of manmade climate change
- 86% are opposed to any climate change legislation that increases government revenue
IMMIGRATION
- 39% have already declared their intention to end the 14th Amendment�s guarantee of birthright citizenship
- 32% want to reduce legal immigration
TAXES/SPENDING
- 91% have sworn to never allow an income tax increase on any individual or business � regardless of deficits or war
- 79% have pledged to permanently repeal the estate tax
- 48% are pushing for a balanced budget amendment
i have no particular affinity for either democrats or republicans (and since i cannot vote - dont care much either) - but not everything in this list is bad......
1. almost no other country has an unqualified birth-right on citizenship........so, if americans at some point want this changed - this is well within their rights.......however, constitution amendment process is so complex in this country ( i believe all states have to ratify or something like that) - it is near impossible.
2. balanced budget is not a bad idea - deficit financing ad infinitum does not make much sense
3. most of us dont like tax hikes - so if GOP folks agree with that view - whats wrong with that?
4. Estate Tax is just the Govt's way of destroying individual wealth even after death - repealing it is actually a fairly good idea.
the unfortunate reality is that both parties have some good ideas and some nutty ideas and the pity is we cannot choose what we like best from each - the set of beliefs is a like a package deal - you get the good with the bad.........
Here is a snapshot of the GOP Class of 2010�s extremism:
ENVIRONMENT
- 50% deny the existence of manmade climate change
- 86% are opposed to any climate change legislation that increases government revenue
IMMIGRATION
- 39% have already declared their intention to end the 14th Amendment�s guarantee of birthright citizenship
- 32% want to reduce legal immigration
TAXES/SPENDING
- 91% have sworn to never allow an income tax increase on any individual or business � regardless of deficits or war
- 79% have pledged to permanently repeal the estate tax
- 48% are pushing for a balanced budget amendment
i have no particular affinity for either democrats or republicans (and since i cannot vote - dont care much either) - but not everything in this list is bad......
1. almost no other country has an unqualified birth-right on citizenship........so, if americans at some point want this changed - this is well within their rights.......however, constitution amendment process is so complex in this country ( i believe all states have to ratify or something like that) - it is near impossible.
2. balanced budget is not a bad idea - deficit financing ad infinitum does not make much sense
3. most of us dont like tax hikes - so if GOP folks agree with that view - whats wrong with that?
4. Estate Tax is just the Govt's way of destroying individual wealth even after death - repealing it is actually a fairly good idea.
the unfortunate reality is that both parties have some good ideas and some nutty ideas and the pity is we cannot choose what we like best from each - the set of beliefs is a like a package deal - you get the good with the bad.........
more...
SreeRaj1
07-11 02:47 PM
Hi,
Based on August Visa Bulletin, PD is reached but my I-140 is not approved. Plese let me know what would happen in my case?
Case details:
EB2 India, PD: Jan'2006 , I-140 filed in Jan'2008
Thanks,
Based on August Visa Bulletin, PD is reached but my I-140 is not approved. Plese let me know what would happen in my case?
Case details:
EB2 India, PD: Jan'2006 , I-140 filed in Jan'2008
Thanks,
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SeanDell
05-29 05:26 PM
Thanks for your reply Morchu. I want to have some further clarification here:
1. Yes. Most countries need 6 months validity on passport from the date of entry. Some countries are exempt from this rule.
The US Embassy has this pre-requiste of 6 months validity when applying for US Visa but I have no knowledge of any document mentioning this 6 months validity requirement at the US POE. Can you please point me to some source?
2. Usually you keep the same I94.
3. Not necessarily. But be prepared to answer questions. If you are unable to prove your intention to be permanently residing in US, upon US GC, that can be an issue.
How to prove this intention? Aren't proper H1B Documents, Employer Letter/ working in US enough to prove this intention? My question is as I will be using H1B documents to renter US at POE (not I-485 related documents i.e. Advance Parole), can that still be a problem?
Basically you have to claim that you have proper intentions now, and at the time of applications of canadian PR and US GC. Also you have to claim that you plan to reside in US permanently if you receive US GC.
1. Yes. Most countries need 6 months validity on passport from the date of entry. Some countries are exempt from this rule.
The US Embassy has this pre-requiste of 6 months validity when applying for US Visa but I have no knowledge of any document mentioning this 6 months validity requirement at the US POE. Can you please point me to some source?
2. Usually you keep the same I94.
3. Not necessarily. But be prepared to answer questions. If you are unable to prove your intention to be permanently residing in US, upon US GC, that can be an issue.
How to prove this intention? Aren't proper H1B Documents, Employer Letter/ working in US enough to prove this intention? My question is as I will be using H1B documents to renter US at POE (not I-485 related documents i.e. Advance Parole), can that still be a problem?
Basically you have to claim that you have proper intentions now, and at the time of applications of canadian PR and US GC. Also you have to claim that you plan to reside in US permanently if you receive US GC.
more...
virald
08-05 02:44 PM
Filed 485 in vermont service center
--------------------------------------------------------------------------------
I sent my application to vermont based on the USCIS answering system on June 30th that folks with approved I-140s should send 485 applications to the center where it was approved. Any ideas, if there is a problem with that and if the app gets transferred how much time it will take.
anyone else in the same boat?
Here you go --
1
Q6: What happens if an application is filed at the wrong Service Center?
A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center. Filing at the wrong location could result in processing delays.
From http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
You should be okay.
--------------------------------------------------------------------------------
I sent my application to vermont based on the USCIS answering system on June 30th that folks with approved I-140s should send 485 applications to the center where it was approved. Any ideas, if there is a problem with that and if the app gets transferred how much time it will take.
anyone else in the same boat?
Here you go --
1
Q6: What happens if an application is filed at the wrong Service Center?
A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center. Filing at the wrong location could result in processing delays.
From http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
You should be okay.
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digital2k
08-06 12:39 PM
*
more...
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chenche19
04-01 09:20 PM
Hi, thanks for the response. I will update my profile. I just joined the forum today.
Yes, the reason of the denial is the lack of initial evidence... my MTR addressed those items so I hope the MTR will be approved.
My notice of action on my MTR was received in a week and a half after I submitted my MTR - by the way, I submitted it as a MTR and I got a receipt saying it's a MOTIC.
I did file my I-140 and I-485's (mine's and my wife's) concurrently and my receipt dates is July 13, 2007 -the infamouse visa gate period-. i filed my applications to the Texas Center.
My I-140 was approved on November 08' after an RFE.
adibhatla,
what's your I-485 receipt date?
Yes, the reason of the denial is the lack of initial evidence... my MTR addressed those items so I hope the MTR will be approved.
My notice of action on my MTR was received in a week and a half after I submitted my MTR - by the way, I submitted it as a MTR and I got a receipt saying it's a MOTIC.
I did file my I-140 and I-485's (mine's and my wife's) concurrently and my receipt dates is July 13, 2007 -the infamouse visa gate period-. i filed my applications to the Texas Center.
My I-140 was approved on November 08' after an RFE.
adibhatla,
what's your I-485 receipt date?
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willwin
02-17 12:37 PM
The new PW system seems to be taking about 4-5 weeks, not months.
Have you or your org. got any PW responses in 4-5 weeks?
Have you or your org. got any PW responses in 4-5 weeks?
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Arjun
05-05 05:41 PM
Please do something to change it or try delete/add. :o
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rinkurazdan
05-30 04:45 PM
I haven't come here for a while and don't know what's happening here. Several weeks ago, we said we would be happy if congresses pass CIR. How come we don't want CIR to be passed now?
Please read the IV Core groups analysis on the CIR bill...which is totally different than the CIR thhat was passed by the previous Senate in 2006
Please read the IV Core groups analysis on the CIR bill...which is totally different than the CIR thhat was passed by the previous Senate in 2006
more...
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TimeSaver
07-13 06:10 PM
Seems like it could be new August visa bulletin. With some cutoffs. but applications sent already will not be rejected. They won't be worked upon but wont be rejected.
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gc_chahiye
07-16 06:47 PM
...
If USCIS receives both the applications, it will return the second application as a duplicate. I don't kow if they keep the money though ...
do you know this for sure? (ie. do you know someone for whom USCIS returned the second application as a duplicate because one I-485 was pending)?
If USCIS receives both the applications, it will return the second application as a duplicate. I don't kow if they keep the money though ...
do you know this for sure? (ie. do you know someone for whom USCIS returned the second application as a duplicate because one I-485 was pending)?
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H1bTechieLA
03-13 04:14 PM
HI fellow members..
I duly filed for AP along with my my 485 in OCT 2007. They messed up the photos on the AP. They put my wife's photo on mine and vice versa. We asked for a correction and they interchanged the case nos on the AP issued.
So after 2 years they still have not given me a valid AP document. I refiled again last week.
I have to attend my sisters wedding in June this year. We are still maintaining our H1/H4 status. My H1 is valid till 2011.
Is it ok to leave the country without an AP and re-enter on H1.? I will have to apply for H1visa at the chennai consulate.
My lawyer advises me not to go without an AP. Not going is not an option for me. Has anyone here re-entered in H1 visa after stamping whiel their I485 is pending.
Im so tired of this immigration game. 0 Accountability. ..they told my lawyer they will not issue a correction to the wrong AP issued since it has already been approved till 2010 and I will have wait till 2010 to re-apply for correct AP and I cannot travel outside till 2010..do these people understand what they are doing ??
Pls take a moment to reply
I duly filed for AP along with my my 485 in OCT 2007. They messed up the photos on the AP. They put my wife's photo on mine and vice versa. We asked for a correction and they interchanged the case nos on the AP issued.
So after 2 years they still have not given me a valid AP document. I refiled again last week.
I have to attend my sisters wedding in June this year. We are still maintaining our H1/H4 status. My H1 is valid till 2011.
Is it ok to leave the country without an AP and re-enter on H1.? I will have to apply for H1visa at the chennai consulate.
My lawyer advises me not to go without an AP. Not going is not an option for me. Has anyone here re-entered in H1 visa after stamping whiel their I485 is pending.
Im so tired of this immigration game. 0 Accountability. ..they told my lawyer they will not issue a correction to the wrong AP issued since it has already been approved till 2010 and I will have wait till 2010 to re-apply for correct AP and I cannot travel outside till 2010..do these people understand what they are doing ??
Pls take a moment to reply
cagedcactus
07-31 07:22 AM
Your input is much appreciated. I filed my I 140.
Thanks a lot again.....
Thanks a lot again.....
Bpositive
03-17 04:53 PM
Good luck with that. It didn't work for me either. The Doctor's office did not even accept my insurance in the first place evn though they were in my network, I don't know why but they gave some weird excuse. I was in no mood to argue and was eager to get the medicals done so I just paid up hoping to get it reimbursed but did not see a penny from the insurance co.
The doctor's office refused to give the insurance company the information they need - codes etc. The insurance company is willing to consider it if the provider gives the information. The provider loses out because the reimbursement is lesser than the cash they took from me. Anyway - I am filing a complaint. I think these providers are trying to scam people..
The doctor's office refused to give the insurance company the information they need - codes etc. The insurance company is willing to consider it if the provider gives the information. The provider loses out because the reimbursement is lesser than the cash they took from me. Anyway - I am filing a complaint. I think these providers are trying to scam people..
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