psk79
05-27 01:12 PM
The reason I am doing paper based is that current immigration question. In efile you have to make a selection which apparently doesnt have the AOS option. On paper based we can put, Adjustment of Status (I-485 Pending).
wallpaper uyer#39;s decision process,
agesilaus
September 1st, 2006, 06:36 PM
Nice HDR work
Bogdan
10-22 01:02 PM
Did you fill any I-9 form or your hr filed it? the status of the applicant is decided by the I-9 Employment eligibility form.
Even otherwise i dont think it is a problem, they can change the form again to show your respective status ?
I signed a I-9 form in 2005. At that time, I indeed was on a marriage based EAD because I had an I-485 pending, which later I withdrew and went for H1B. Since then, nobody talked to me about changing the I-9 (I should have thought about it though). However, I provided them with a H1B copy when it was issued.
Since HR mentioned that my EAD expired and they needed a new one, it is clear that they were not refering to the old EAD (marriage based I-485), since that one expired in 2006. So somehow the lawyers, to whom I gave a copy of the EAD last year (they requested it), forwarded the EAD to HR.
Of course HR can change my status in their records now (by renewing the I-9?), but I am worried about the damage is done already and my H1B is invalidated. I don't know how I can find that out.
Even otherwise i dont think it is a problem, they can change the form again to show your respective status ?
I signed a I-9 form in 2005. At that time, I indeed was on a marriage based EAD because I had an I-485 pending, which later I withdrew and went for H1B. Since then, nobody talked to me about changing the I-9 (I should have thought about it though). However, I provided them with a H1B copy when it was issued.
Since HR mentioned that my EAD expired and they needed a new one, it is clear that they were not refering to the old EAD (marriage based I-485), since that one expired in 2006. So somehow the lawyers, to whom I gave a copy of the EAD last year (they requested it), forwarded the EAD to HR.
Of course HR can change my status in their records now (by renewing the I-9?), but I am worried about the damage is done already and my H1B is invalidated. I don't know how I can find that out.
2011 decision making process.
conchshell
08-14 09:34 PM
Thanks ConchShell.
By the way my service center was Nebraska and my Receipt date was outside their processing time. ( I mailed my application on 08/17/2007 and their processing date is 08/10/2007). Looks like they are very conservative when posting their processing dates.
BTW my PD was Oct 2004 and my RD was July12th 2007, ND was August 15t 2007. I am sure this months NSC report will show a good advancement in their processing date.
By the way my service center was Nebraska and my Receipt date was outside their processing time. ( I mailed my application on 08/17/2007 and their processing date is 08/10/2007). Looks like they are very conservative when posting their processing dates.
BTW my PD was Oct 2004 and my RD was July12th 2007, ND was August 15t 2007. I am sure this months NSC report will show a good advancement in their processing date.
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cox
October 6th, 2005, 01:52 AM
Over a hundred people have looked at this and no one has anything helpful to say about extension tubes?!? Guess I'm on my own...
krishmunn
09-17 12:08 PM
I had applied for an extension for my parents, just a month before their I-94 was about to end. According to the law (as per my attorney, forums, Internet), they could stay here legally until a decision is made, which may be past the I-94 expiration.
So, in your case, if the decision is Positive, then they can stay until the new I-94 date that USCIS gives them. However, if the decision is Negative, then they have 30 days from the date of the decision to leave the country without being deported.
Hope this helps...
If the extension is denied the person falls out of status immediately and the visa get voided.
Check this from Murthy Chat (answered by Attorney Murthy) --
MurthyDotCom : MurthyChat - Search Transcripts (http://www.murthy.com/chatdb.asp?sFor=extension&Category=visitusa&B1=Search)
Question: Our B-2 extension was denied and the denial letter was received after I-94 departure date. We have a 10-year multiple-entry visitors" visa. Should we apply for the visa again?
Answer: The B-2 visa stamp would remain valid if one departed prior to the receipt of the denial. If the person remained in the U.S., awaiting the decision, then s/he is out of status and unlawfully present as of the date of the extension denial. This would void the individual"s multiple-entry B-2 visitor"s visa in the passport, and require a new visa application at the U.S. consulate abroad in the person"s home country for the next trip to the U.S. This is under section 222(g) of the Immigration and Nationality Act. If there was a timely departure prior to the decision, the individual attempting to return to the U.S. later, and wishing to use that B-2 stamp, needs to show maintenance of valid B-2 status in the U.S. and proof of departure before the denial decision by the USCIS, by submitting a copy of the airline ticket, boarding card, and other details at the time of all future entries into the U.S. in such a situation.Mar-15-2010.
So, in your case, if the decision is Positive, then they can stay until the new I-94 date that USCIS gives them. However, if the decision is Negative, then they have 30 days from the date of the decision to leave the country without being deported.
Hope this helps...
If the extension is denied the person falls out of status immediately and the visa get voided.
Check this from Murthy Chat (answered by Attorney Murthy) --
MurthyDotCom : MurthyChat - Search Transcripts (http://www.murthy.com/chatdb.asp?sFor=extension&Category=visitusa&B1=Search)
Question: Our B-2 extension was denied and the denial letter was received after I-94 departure date. We have a 10-year multiple-entry visitors" visa. Should we apply for the visa again?
Answer: The B-2 visa stamp would remain valid if one departed prior to the receipt of the denial. If the person remained in the U.S., awaiting the decision, then s/he is out of status and unlawfully present as of the date of the extension denial. This would void the individual"s multiple-entry B-2 visitor"s visa in the passport, and require a new visa application at the U.S. consulate abroad in the person"s home country for the next trip to the U.S. This is under section 222(g) of the Immigration and Nationality Act. If there was a timely departure prior to the decision, the individual attempting to return to the U.S. later, and wishing to use that B-2 stamp, needs to show maintenance of valid B-2 status in the U.S. and proof of departure before the denial decision by the USCIS, by submitting a copy of the airline ticket, boarding card, and other details at the time of all future entries into the U.S. in such a situation.Mar-15-2010.
more...
sathweb
01-13 05:14 PM
Hi,
I have two I-140 applications and both are from my current emplyer. One was a regular I-140 and the other was a substitute I-140. Both got approved on the same day. Regular had a PD of 04/2007 and substitute had 11/2004.
The regular got approved with PD of 04/2007 and substitute also got approved with 04/2007. So now what are my options of using the 11/2004 PD.
I was expecting USCIS to approve both applications with 11/2004 instead.
Thanks!!
Here is my understanding of the law regarding the priority date:
In Substitution cases, USICS supposed to assign you the I-140 application Receipt Date as your Priority Date. But for years USCIS has been assigning the original LC Receipt date. No one complained, USCIS continued doing that. Now if you ask them to review your case, the first preference for them would be to defend their decision, so they may send you the section of the law that explains what I said above.
Having said that, I suggest you to appeal. I seriously doubt it will have any negative effect on either of those cases. They can revoke approved I-140 only if there is a fraud involved.
Go ahead and appeal, try your luck.
Best of luck bud.
I have two I-140 applications and both are from my current emplyer. One was a regular I-140 and the other was a substitute I-140. Both got approved on the same day. Regular had a PD of 04/2007 and substitute had 11/2004.
The regular got approved with PD of 04/2007 and substitute also got approved with 04/2007. So now what are my options of using the 11/2004 PD.
I was expecting USCIS to approve both applications with 11/2004 instead.
Thanks!!
Here is my understanding of the law regarding the priority date:
In Substitution cases, USICS supposed to assign you the I-140 application Receipt Date as your Priority Date. But for years USCIS has been assigning the original LC Receipt date. No one complained, USCIS continued doing that. Now if you ask them to review your case, the first preference for them would be to defend their decision, so they may send you the section of the law that explains what I said above.
Having said that, I suggest you to appeal. I seriously doubt it will have any negative effect on either of those cases. They can revoke approved I-140 only if there is a fraud involved.
Go ahead and appeal, try your luck.
Best of luck bud.
2010 Decision Process for Question
gsc999
05-22 11:59 AM
I had the same issue last year. Per their website
(https://www.vfs-usa.co.in/Home.aspx) September 2006 dates are current, November may not be current yet. You will have to keep checking. The rules were being changed for the visa appointment procedures last Nov/ December. If you have already paid the HDFC fee you should also have free 15 minute telephone time to ask such questions from their agent in India or you might want to call them directly at the phone number below.
I am unsure about a single vs two appointments for you and your husband. Please confirm. It would be safer to direct such questions at the Embassy than at this forum because of the constant changes in the rules.
Below are the helpline numbers when calling from outside India:
If you are calling from outside India, please call us at +91 44 4231 6767
Our agents respond to phone calls between 0800-1600 Monday through Friday excluding all-India holidays observed by the US missions.
E-mailed queries are responded to Monday through Friday, within two working days.
(https://www.vfs-usa.co.in/Home.aspx) September 2006 dates are current, November may not be current yet. You will have to keep checking. The rules were being changed for the visa appointment procedures last Nov/ December. If you have already paid the HDFC fee you should also have free 15 minute telephone time to ask such questions from their agent in India or you might want to call them directly at the phone number below.
I am unsure about a single vs two appointments for you and your husband. Please confirm. It would be safer to direct such questions at the Embassy than at this forum because of the constant changes in the rules.
Below are the helpline numbers when calling from outside India:
If you are calling from outside India, please call us at +91 44 4231 6767
Our agents respond to phone calls between 0800-1600 Monday through Friday excluding all-India holidays observed by the US missions.
E-mailed queries are responded to Monday through Friday, within two working days.
more...
chanduy9
07-05 01:03 PM
I am sure they would do that ...
We are not going there personally...and we are not packing..we are using vendor company to do it. We are not sending bombs or any other stuff which is illegal and crime.
Common guys think....
just my idea.
We are not going there personally...and we are not packing..we are using vendor company to do it. We are not sending bombs or any other stuff which is illegal and crime.
Common guys think....
just my idea.
hair Buying Product uyer-decision-process, Select uyer-decision-process
krishna_brc
02-18 12:46 PM
My Indian employer offered me to continue working from home from US. Is that legal to do when you are in the US on an H4 visa? Thanks..
If you get salary in INR which is credited to your Indian Bank A/c
then you should be fine.
If you get salary in USD credited to US Bank A/C then its ILLEGAL.
Thanks,
Krishna
If you get salary in INR which is credited to your Indian Bank A/c
then you should be fine.
If you get salary in USD credited to US Bank A/C then its ILLEGAL.
Thanks,
Krishna
more...
Ramba
07-25 04:40 PM
Very easy. No need to file new 485 or CP. Interfile, by sending the copy of new 140 approval notice to your pending 485. Requset them to consider your latest approved Eb2-140 as a underlying immigrart visa petition for your pending 485. Ofcourse, you need a latest employment offer letter from the original sponser when requesting the change.
However, this may require aggressive follow up with USCIS.
However, this may require aggressive follow up with USCIS.
hot Purchase Decision Process.
roseball
11-26 05:28 PM
Today when I looked the I-485 status I found the status changed to card production ordered. I'm traveling to India on 1st Dec (coming saturday). It is a business trip and I'm unable to postpone it. My attorney says If I travel now, they will consider the GC abandoned. Is this true?? I have an approve AP with me. I also planned to stamp my H1B visa in India. What a confusion!
Gurus please give your thoughts.
Anil
As far as I know, if you re-enter using AP, you should just be fine..I would not get the H1B stamp and enter on H1....
Gurus please give your thoughts.
Anil
As far as I know, if you re-enter using AP, you should just be fine..I would not get the H1B stamp and enter on H1....
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house the final uying decision.
senthil1
05-31 10:52 PM
CTS is doing gc by EB1 for some people by L1A
My company has filed for EB-1 multinational manager for me.....I was on L1A earlier. I dont think the process is as fast as some folks think......specially since for EB1 manager category I140 premium processing is not allowed......
I guess the requirement for L1A is that one should be managing a business, people and processes...... and should have been employed in managerial capacity for the same company outside US......once L1A is done (it takes 5-6 days under premium procesing).....my understanding is that it establishes a strong basis for EB1 filing
My company has filed for EB-1 multinational manager for me.....I was on L1A earlier. I dont think the process is as fast as some folks think......specially since for EB1 manager category I140 premium processing is not allowed......
I guess the requirement for L1A is that one should be managing a business, people and processes...... and should have been employed in managerial capacity for the same company outside US......once L1A is done (it takes 5-6 days under premium procesing).....my understanding is that it establishes a strong basis for EB1 filing
tattoo calculated decision as to
eb3retro
06-30 11:41 PM
eb3retro,
You changed on h1b transfer right? not on EAD?
I am just curious if a new employer can keep extending h1b based on previous employers I140 (and the fact that 180 days have passed since 485).
thanks
nope on an EAD, my h1 is long expired and never renewed it even with the employer that sponsored my GC. i was using EAD even with them..and with the current employer too..
You changed on h1b transfer right? not on EAD?
I am just curious if a new employer can keep extending h1b based on previous employers I140 (and the fact that 180 days have passed since 485).
thanks
nope on an EAD, my h1 is long expired and never renewed it even with the employer that sponsored my GC. i was using EAD even with them..and with the current employer too..
more...
pictures uyer#39;s decision process?
funnymdguy
11-16 11:24 AM
I applied for my EAD in July 2007, got it approved Oct 2007, mailed to me but I NEVER received it.
Today I called USCIS and it says that since it is not "returned to them as undeliverable", they CAN NOT do anything . I will need to APPLY for it again??
Please Help since I dont know what to do as I was expecting the EAD card to start a new job.
Thanks in advance
Today I called USCIS and it says that since it is not "returned to them as undeliverable", they CAN NOT do anything . I will need to APPLY for it again??
Please Help since I dont know what to do as I was expecting the EAD card to start a new job.
Thanks in advance
dresses decision making process.
indianabacklog
06-25 11:35 AM
Had to pay all fees myself. Filed myself so no lawyer fees.
more...
makeup Each decision point is also
ivar
01-21 04:23 PM
WITHDRAWAL
Question: How can a pending application filed under PERM be withdrawn?
If the application was filed on-line, the application can be withdrawn by accessing the account wherein the application was filed and simply marking the appropriate box.
If the application was filed by mail, a withdrawal request, in writing, must be sent to the National Processing Center to which the application was originally submitted.
Question: Must the employer wait to receive confirmation of withdrawal from a Backlog Elimination Center (BEC) prior to refiling an application?
No, the employer does not need to wait to receive confirmation of withdrawal prior to refiling an application.
Source: http://usavisanow.com/perm-faq-4.html
(I think the same rule should apply for PERM and appealed case)
EDIT: Sorry the following information seems to suggest otherwise.
http://www.visapro.com/Immigration-News/?a=377&z=12
Sathweb,
Thank you for your reply. I just checked the links you have provided and i understand that i need to wait for DOL to first withdraw my PERM application before filing a new perm. I am not sure how long i have to wait and its frustrating. I was just checking if some one is there in the same boat as me. I have been on and off this green card train through out my stay in US.
Applied for 1st PERM in Mar2006
Got my PERM approved in Nov 2006
Quit my first employer (DESI) for all the troubles he was giving me inspite of having my labour approved.
Joined new company in Mar07
Than followed the July 07 fiasco and missed my bus
New employer filed for PERM in JUN/JUL 07
Got Audit, Sent Audit reply, Got Denied
Re appealed against my wishes.
Ran all the ad campaign and GC process again.
AFter all this now waiting for earlier PERM TO be withdrawn..
Folks, everybody here on this forums have a painful Green card story. Some are lucky but most of us are not. I have read on IV forums that people are waiting for 8,9 years still to get there GC so i totally understand. The worst part is i missed the July 07 fiasco.
Question: How can a pending application filed under PERM be withdrawn?
If the application was filed on-line, the application can be withdrawn by accessing the account wherein the application was filed and simply marking the appropriate box.
If the application was filed by mail, a withdrawal request, in writing, must be sent to the National Processing Center to which the application was originally submitted.
Question: Must the employer wait to receive confirmation of withdrawal from a Backlog Elimination Center (BEC) prior to refiling an application?
No, the employer does not need to wait to receive confirmation of withdrawal prior to refiling an application.
Source: http://usavisanow.com/perm-faq-4.html
(I think the same rule should apply for PERM and appealed case)
EDIT: Sorry the following information seems to suggest otherwise.
http://www.visapro.com/Immigration-News/?a=377&z=12
Sathweb,
Thank you for your reply. I just checked the links you have provided and i understand that i need to wait for DOL to first withdraw my PERM application before filing a new perm. I am not sure how long i have to wait and its frustrating. I was just checking if some one is there in the same boat as me. I have been on and off this green card train through out my stay in US.
Applied for 1st PERM in Mar2006
Got my PERM approved in Nov 2006
Quit my first employer (DESI) for all the troubles he was giving me inspite of having my labour approved.
Joined new company in Mar07
Than followed the July 07 fiasco and missed my bus
New employer filed for PERM in JUN/JUL 07
Got Audit, Sent Audit reply, Got Denied
Re appealed against my wishes.
Ran all the ad campaign and GC process again.
AFter all this now waiting for earlier PERM TO be withdrawn..
Folks, everybody here on this forums have a painful Green card story. Some are lucky but most of us are not. I have read on IV forums that people are waiting for 8,9 years still to get there GC so i totally understand. The worst part is i missed the July 07 fiasco.
girlfriend Decision Process for Question
reddymjm
10-19 05:35 PM
I would donate 500$ if I get the GC before 2012. If not I would reduce it by 50$ a year there after.
hairstyles decision-making process by
forgerator
03-22 01:17 PM
very sad. I hope they take swift action against the culprit and put her in jail.
jonty_11
11-02 10:54 AM
BTW - I140 has to be filed by a sponsor Company and as far as I485 is concerned, you can do it on ur own, but it has to be based off of LC and I140 approvals which are with your Company..so its very difficult to file 485 on ur own..
Sounds like somegchuh wants to know this to be ready with documentation when his Company is ready to file for 140/485 ( some day)
Sounds like somegchuh wants to know this to be ready with documentation when his Company is ready to file for 140/485 ( some day)
ras
06-17 01:15 PM
Employer A:
-Currently on their H1 (6th year fag end) and with an ongoing 485 proces 180 days passed.
-Employer A is threatening to withdraw the I 140 if I move out from their company.
Employer B:
-Fortune Client where am currently working as a contractor
-B is filing my H1 and would be offering me to use H1 or AC 21 to port to their company.
I am transferring to company B upon H1 extension approval and then later use AC 21 when ever required.
However, before I use AC 21, if the approved I 140 is revoked, am I still eligible to use AC 21?
Does revoking I 140 by the employer after I 140 approval has any effect if I dont use AC 21 prior to revoking?
-Currently on their H1 (6th year fag end) and with an ongoing 485 proces 180 days passed.
-Employer A is threatening to withdraw the I 140 if I move out from their company.
Employer B:
-Fortune Client where am currently working as a contractor
-B is filing my H1 and would be offering me to use H1 or AC 21 to port to their company.
I am transferring to company B upon H1 extension approval and then later use AC 21 when ever required.
However, before I use AC 21, if the approved I 140 is revoked, am I still eligible to use AC 21?
Does revoking I 140 by the employer after I 140 approval has any effect if I dont use AC 21 prior to revoking?