ladyliberty
09-23 11:23 PM
Hi!
Much like many in this forum, my husband and I are stuck in this retrogression mess. I have spent 3 years on H4 and 3 more in H1. I am told now that I will not be able to work until my husband's greencard process has moved beyond the 485 stage. Our lawyer is suggesting that I can extend my H1 by 3 years by making a good faith argument to the USCIS that I have not utilized the full 6 years in H1 time and a secondary arguement that my husband has an approved 140 petition that can allow extension of H time. I will really appreciate any opinions from the forum members and from people who may tried this before. Please respond!
Much like many in this forum, my husband and I are stuck in this retrogression mess. I have spent 3 years on H4 and 3 more in H1. I am told now that I will not be able to work until my husband's greencard process has moved beyond the 485 stage. Our lawyer is suggesting that I can extend my H1 by 3 years by making a good faith argument to the USCIS that I have not utilized the full 6 years in H1 time and a secondary arguement that my husband has an approved 140 petition that can allow extension of H time. I will really appreciate any opinions from the forum members and from people who may tried this before. Please respond!
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iheartindia79
05-14 01:13 PM
Please! someone help!
hopefulgc
09-16 10:22 PM
Please don't lose heart.. hang in there.
What you are experiencing has happened to a couple of people. But it sounds pretty counter-intuitive as to why they would deny substitution with for Eb2 labor?
Whatever the case, it sucks if it jeopardizes the primary Eb3 petition.
Are you able to locate any precedents to this?
Keep us updated here on this thread.
Hi,
Here is my case specifics:
--------------------------
1. Filed PERM EB3 LC - PD:01/2006 - Approved.
2. Filed EB3 I-140 using LC Sub from my company(company's policy..) - 06/2006 - was pending
3. Filed I-485 using pending LC Sub I-140 - 07/2007
4. Second I-140 Filed - 01/2008 based on my original PERM LC.
5. Second I-140 - Approved - 02/2008
6. Attorney sent AILA Request last month on my pending I-140. Got AILA Response as below
"Talked with the I-140 senior officer this afternoon about this case. We both reviewed the I-140 and the issue with the substitution of the labor cert. It appears that the individual that had the labor cert originally, adjusted off of it. Therefore, we can not substitute it again for the individual listed below. I believe that he has one I-140 already approved and will have to stay with that priority date. Have a good weekend."
7. Based on this, my attorney told me that my first I-140 will be denied soon; but she said that my AOS will continue to be active based on my approved I-140.
8. As my attorney said, Today, I got an CRIS email saying that my LC Sub I-140 is denied.
I have couple of questions now:
1. I am worried about my I-485 since my wofe is working on EAD. My understanding is that if your I-140 is denied, then your I-485 is denied too. But, my lawyer says that since I have an approved I140, they will use that and she is quoting the AILA Response email also. Is it true? or she is just convincing me with her lies.
2. I can continue to check the status of my I-485. But, how can I verify my AOS is now tied with my approved I-140? Interestingly, my AP Renewal is approved yesterday and notice mailed (a day before my I-140 denial)
Please let me know guys. Your help would be greatly appreciated.
Thanks
What you are experiencing has happened to a couple of people. But it sounds pretty counter-intuitive as to why they would deny substitution with for Eb2 labor?
Whatever the case, it sucks if it jeopardizes the primary Eb3 petition.
Are you able to locate any precedents to this?
Keep us updated here on this thread.
Hi,
Here is my case specifics:
--------------------------
1. Filed PERM EB3 LC - PD:01/2006 - Approved.
2. Filed EB3 I-140 using LC Sub from my company(company's policy..) - 06/2006 - was pending
3. Filed I-485 using pending LC Sub I-140 - 07/2007
4. Second I-140 Filed - 01/2008 based on my original PERM LC.
5. Second I-140 - Approved - 02/2008
6. Attorney sent AILA Request last month on my pending I-140. Got AILA Response as below
"Talked with the I-140 senior officer this afternoon about this case. We both reviewed the I-140 and the issue with the substitution of the labor cert. It appears that the individual that had the labor cert originally, adjusted off of it. Therefore, we can not substitute it again for the individual listed below. I believe that he has one I-140 already approved and will have to stay with that priority date. Have a good weekend."
7. Based on this, my attorney told me that my first I-140 will be denied soon; but she said that my AOS will continue to be active based on my approved I-140.
8. As my attorney said, Today, I got an CRIS email saying that my LC Sub I-140 is denied.
I have couple of questions now:
1. I am worried about my I-485 since my wofe is working on EAD. My understanding is that if your I-140 is denied, then your I-485 is denied too. But, my lawyer says that since I have an approved I140, they will use that and she is quoting the AILA Response email also. Is it true? or she is just convincing me with her lies.
2. I can continue to check the status of my I-485. But, how can I verify my AOS is now tied with my approved I-140? Interestingly, my AP Renewal is approved yesterday and notice mailed (a day before my I-140 denial)
Please let me know guys. Your help would be greatly appreciated.
Thanks
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sandiboy
08-14 03:22 PM
Please update on who received their FP notices:
485 RD:
485 ND:
FP ND:
FP Date:
485 RD:
485 ND:
FP ND:
FP Date:
more...
Aah_GC
06-10 03:33 PM
A bit corny - but a good intention! At some level the message should not be misconstrued. If you really do want your GC real quick, do all you can. All actions toward a genuine cause have their own proportional returns, at unexpected times.
Between, called up 5 congressmen/ women today..
Ok..So now that I have your attention, I can say how I feel about our top priority right now.
Most IV members can see the current action item about calling 6 representatives on the home page at the top. If you are someone who has already made the phone calls then you have my respect and admiration.
For the rest of you, here is the link
http://immigrationvoice.org/forum/showthread.php?t=19387
I think a lot of people come to IV to find a pleasant surprise waiting for them but close it when they don't see any good news. They also browse around a bit to see what others are talking about and also get in discussions/arguments when they have some time. But not a lot of people actually spend time to read action items and follow what the core team is asking them to do. I'm not sure what the reasons are. May be people are afraid that calling someone in Washington will get them on some list. May be they don't like to be told what to do. May be this may be that.. I don't know.
But if you are someone who hasn't joined IV in any of its various efforts to bring attention to our issues then I'm not sure if you do anything good for yourselves. I'm not saying that I have participated in every single campaign. But I have tried my best to do something. When will you do something for yourselves? Do you realize that if you don't act now, it will be TOO late to act? Do you realize IV is all of us? If we don't act, IV remains ineffective. So Act now or wait forever. It only takes 10 minutes to call all the numbers and they don't even ask for your name in most cases.
I just checked the tracker and only saw 41 people who have called all the numbers. I don't get it. What is wrong with the rest of you?
I also want to say that you owe it to IV after everything IV has done for you. (e.g Rally +Funding drive+many many campaigns).
IV has united us. Now lets show the strength of our unity.
Disclaimer: I'm not a core team member. I'm neither a state chapter leader nor one of the truely active IV members. I'm just an ordinary person like most of you but I think I finally GET IT. Nothing will happen unless I do my part. Now how about clicking that link above and making a few phone calls. Trust me, you will feel good about yourself after you do it. And please update the poll after you have completed your calls.
Between, called up 5 congressmen/ women today..
Ok..So now that I have your attention, I can say how I feel about our top priority right now.
Most IV members can see the current action item about calling 6 representatives on the home page at the top. If you are someone who has already made the phone calls then you have my respect and admiration.
For the rest of you, here is the link
http://immigrationvoice.org/forum/showthread.php?t=19387
I think a lot of people come to IV to find a pleasant surprise waiting for them but close it when they don't see any good news. They also browse around a bit to see what others are talking about and also get in discussions/arguments when they have some time. But not a lot of people actually spend time to read action items and follow what the core team is asking them to do. I'm not sure what the reasons are. May be people are afraid that calling someone in Washington will get them on some list. May be they don't like to be told what to do. May be this may be that.. I don't know.
But if you are someone who hasn't joined IV in any of its various efforts to bring attention to our issues then I'm not sure if you do anything good for yourselves. I'm not saying that I have participated in every single campaign. But I have tried my best to do something. When will you do something for yourselves? Do you realize that if you don't act now, it will be TOO late to act? Do you realize IV is all of us? If we don't act, IV remains ineffective. So Act now or wait forever. It only takes 10 minutes to call all the numbers and they don't even ask for your name in most cases.
I just checked the tracker and only saw 41 people who have called all the numbers. I don't get it. What is wrong with the rest of you?
I also want to say that you owe it to IV after everything IV has done for you. (e.g Rally +Funding drive+many many campaigns).
IV has united us. Now lets show the strength of our unity.
Disclaimer: I'm not a core team member. I'm neither a state chapter leader nor one of the truely active IV members. I'm just an ordinary person like most of you but I think I finally GET IT. Nothing will happen unless I do my part. Now how about clicking that link above and making a few phone calls. Trust me, you will feel good about yourself after you do it. And please update the poll after you have completed your calls.
jkays94
03-31 03:01 PM
http://www.washingtonpost.com/wp-dyn/content/discussion/2006/03/30/DI2006033001345.html
S. Mitra Kalita: From a former H-1B holder... You know what strikes me? The minute an H-1B holder gets his or her green card, they seem to forget (and likely want to forget) those days where they agonized and strategized over how to stay in the country, where in the labor cert process the application was, etc. I wonder if the H-1Bs have any lobbying groups out there for them. If so, can you please e-mail me with your contact info. Years ago, I used to quote a group called the Immigrants Support Network but I have tried to reach out and not heard about it in a long time. Any H-1B support groups out there?
This was in the H1-B discussion, could someone from the core group please do the needful. I thought this article written last year was very insightful into the plight of EB based immigrants and with this reporter reaching out, it could be a good opportunity to get the story out http://www.washingtonpost.com/wp-dyn/content/article/2005/07/22/AR2005072202060.html
Some info : If you are trying to reach a Washington Post reporter or staff member, please call 800.627.1150 or 202.334.6000.
S. Mitra Kalita: From a former H-1B holder... You know what strikes me? The minute an H-1B holder gets his or her green card, they seem to forget (and likely want to forget) those days where they agonized and strategized over how to stay in the country, where in the labor cert process the application was, etc. I wonder if the H-1Bs have any lobbying groups out there for them. If so, can you please e-mail me with your contact info. Years ago, I used to quote a group called the Immigrants Support Network but I have tried to reach out and not heard about it in a long time. Any H-1B support groups out there?
This was in the H1-B discussion, could someone from the core group please do the needful. I thought this article written last year was very insightful into the plight of EB based immigrants and with this reporter reaching out, it could be a good opportunity to get the story out http://www.washingtonpost.com/wp-dyn/content/article/2005/07/22/AR2005072202060.html
Some info : If you are trying to reach a Washington Post reporter or staff member, please call 800.627.1150 or 202.334.6000.
more...
suman
12-17 01:38 PM
Sorry I was away from my computer for a while.
Thanks for all your help Guys.
We are talking to Lawyer, Murthy law today.
It's an employment based.
This case of I-485 is 2004.
We talked to USCIS and they say to wait for notice and they do not have nay reason to tell over phone as they do not have access to NOTICE.
Hope Lawyer comes out with something.
THank you all
Great help and moral support from all of you at Immigration VOice.
Thanks for all your help Guys.
We are talking to Lawyer, Murthy law today.
It's an employment based.
This case of I-485 is 2004.
We talked to USCIS and they say to wait for notice and they do not have nay reason to tell over phone as they do not have access to NOTICE.
Hope Lawyer comes out with something.
THank you all
Great help and moral support from all of you at Immigration VOice.
2010 Jennifer Lopez, in all her
nraja
03-09 04:26 PM
My 2 cents.
If you employer accepts or lawyer accepts the porting the date then your friend can apply the EB2 priority date to EB3 date.
Means he/she can get EB2 with 2002. As per my knowledge it is possible. But please dont ask me the document. Check with google or some website for document.
Thanks.
If you employer accepts or lawyer accepts the porting the date then your friend can apply the EB2 priority date to EB3 date.
Means he/she can get EB2 with 2002. As per my knowledge it is possible. But please dont ask me the document. Check with google or some website for document.
Thanks.
more...
nixstor
08-23 11:56 AM
I wish it was like that, but it amazes me how many times I have to give the exact same information to all government agencies. They have no clue or contact between each other unfortunately.
For example, why do I have to give all my information on all forms, even within USCIS? And why do I have redo my fingerprints every year? My fingers don't change.
And why can people get a new drivers license or hide in another state from where the drivers license was issued?
The only thing that should be needed to apply for a i485 should be your social #. The rest of the information they should already KNOW... Why should you give it? Then they will have to check that you gave the right information on the paper, not focusing on if the information is correct... It is just opening up for fraud.
So until they get their information straight, don't underestimate how much data you have to give them over and over again... and how slow the process will be because of that.
Swede,
While I agree with most of your comments (Ex: DL process is a mess), it does not work like that. We are talking about inter agency communication. To quote an example of how USCIS systems themselves are designed I asked " How come USCIS do not know how many people will be eligible for filing 485 ? All that they have to do is get a number of approved and pending 140's and come with a PD date that will effectively use visa numbers" short answer is there are different systems in USCIS to which some officers have access to and some officers don't.
Essentially, the data is already out there but the data is in different data islands and they are not connected. While it would be good to connect all these islands, there can be issues with overwhelming information or making info available with out knowing whats needed. There needs to be an access control based approach or even biometrics. Every access should be substantiated with a reason. In the current situation it might be easy for agencies to ask the applicant for proof rather than trying to go through other agency's bureaucracy. I could be wrong.
I love the idea of giving SSN, GC application and have it processed.
Thanks for updating your profile and will see you in DC
For example, why do I have to give all my information on all forms, even within USCIS? And why do I have redo my fingerprints every year? My fingers don't change.
And why can people get a new drivers license or hide in another state from where the drivers license was issued?
The only thing that should be needed to apply for a i485 should be your social #. The rest of the information they should already KNOW... Why should you give it? Then they will have to check that you gave the right information on the paper, not focusing on if the information is correct... It is just opening up for fraud.
So until they get their information straight, don't underestimate how much data you have to give them over and over again... and how slow the process will be because of that.
Swede,
While I agree with most of your comments (Ex: DL process is a mess), it does not work like that. We are talking about inter agency communication. To quote an example of how USCIS systems themselves are designed I asked " How come USCIS do not know how many people will be eligible for filing 485 ? All that they have to do is get a number of approved and pending 140's and come with a PD date that will effectively use visa numbers" short answer is there are different systems in USCIS to which some officers have access to and some officers don't.
Essentially, the data is already out there but the data is in different data islands and they are not connected. While it would be good to connect all these islands, there can be issues with overwhelming information or making info available with out knowing whats needed. There needs to be an access control based approach or even biometrics. Every access should be substantiated with a reason. In the current situation it might be easy for agencies to ask the applicant for proof rather than trying to go through other agency's bureaucracy. I could be wrong.
I love the idea of giving SSN, GC application and have it processed.
Thanks for updating your profile and will see you in DC
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sagar_nyc
01-30 11:11 AM
I am hearing lot of cases about H1 extension denial. My advise to people is that if you have option to work on EAD please do so. I think because of current economic condition extention is becoming difficult
Hello Sac-r-ten,
Thanx a lot for your compliment. I had been following this forum online since 2007 july fiasco & this forum had given me lot of knowledge & helped me out to make the right decission whenever I was underguided or misguided by lawyers (very unfortunate though that we spend a lot on fee to give such professional people). I will always try to do my best if my knowledge can help any person like me who falls as a pray in the hands of immigration people.
Anyways, if you don't mind, can you pls. explain the reason on what basis did they deny your I-140 application. You did mention on education basis, but can you pls. elaborate the reason. I am really tensed about it at my I-140 is pending since more then 2.5 years now. I also received an RFE on it & havn't heard about it since then.
Your input might help me. Thank you in advance
Hello Sac-r-ten,
Thanx a lot for your compliment. I had been following this forum online since 2007 july fiasco & this forum had given me lot of knowledge & helped me out to make the right decission whenever I was underguided or misguided by lawyers (very unfortunate though that we spend a lot on fee to give such professional people). I will always try to do my best if my knowledge can help any person like me who falls as a pray in the hands of immigration people.
Anyways, if you don't mind, can you pls. explain the reason on what basis did they deny your I-140 application. You did mention on education basis, but can you pls. elaborate the reason. I am really tensed about it at my I-140 is pending since more then 2.5 years now. I also received an RFE on it & havn't heard about it since then.
Your input might help me. Thank you in advance
more...
shana04
01-31 01:21 AM
Friends,
Need help and suggestion.
To my surprise, today I got a electricity bill from Nov11 2008 to Jan23 2009 a total of :mad::mad::mad:$979.00 :mad::mad::mad:
I leave in a single bed room ground floor 785 Sq ft.
I have called the customer service for dispute and investigation.:mad::mad::mad:
Has any one encountered this kind of problems with electricity department. please enlighten !!!
:confused::confused::confused:
Need help and suggestion.
To my surprise, today I got a electricity bill from Nov11 2008 to Jan23 2009 a total of :mad::mad::mad:$979.00 :mad::mad::mad:
I leave in a single bed room ground floor 785 Sq ft.
I have called the customer service for dispute and investigation.:mad::mad::mad:
Has any one encountered this kind of problems with electricity department. please enlighten !!!
:confused::confused::confused:
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senthil1
04-30 11:01 PM
I heard that you can get more updates from IV if you become donor. You can try that.
What is the agenda now?
What is the agenda now?
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thamizhan
07-17 10:10 PM
We can update ourself with the status of the receipt number, so that every body can get a feel about the time lines.
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calif
10-29 03:59 PM
which service center?
Give a try if they can update it.
Give a try if they can update it.
more...
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MArch172008
05-22 06:58 PM
As mentioned by my HR attorney applied my labour application electronically on march 17th and forwarded me a case number starting with c , so i am assuming it was appl;ied at chicago center.
Its more then two months now i did not have any update from my HR inturn from attorney.
At the time of aplying attorney did not took any signature either from me or my HR , she said we have to sign at the later stages.
My fear is I might get a query or it may go into incomplete staus as it was not filled properly.
I am not sure if it should be filed in that way ....
Let me know if i am heading in right direction ...
Its more then two months now i did not have any update from my HR inturn from attorney.
At the time of aplying attorney did not took any signature either from me or my HR , she said we have to sign at the later stages.
My fear is I might get a query or it may go into incomplete staus as it was not filled properly.
I am not sure if it should be filed in that way ....
Let me know if i am heading in right direction ...
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indyanguy
01-13 10:39 AM
Sure, I will try to do that. But the lawyer has a mind of his own, a very adamant one who would not listen to anyones suggestions. Also, I am racing against time. I have very little time to get new EVLs and have my lawyer submit them. Thanks for the suggestion.
more...
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Guest007
02-12 02:07 PM
I was in same boat. And apparently there is nothing like I-94 extension according to my lawyer. So after your passport comes.. You go out of the country and come back for a new I-94. Or you apply for visa renewal. I had to apply for h1 extension anyway within 5 mos. So I applied for renewal. Hope this helps.
I have my visa valid till Dec 2008. But PP Expires on July 1st 2007. when I was entering US on Dec 30th 2007, They gave me I94 valid till july 1st 2007. So I have to extend my I94 once I will get my new passport for which i have already applied in Chicago. Does any one know, how many days it takes for passport renewal? I had sent my passport to chicago Indian consulate on jan 10th and still waiting.
I have my visa valid till Dec 2008. But PP Expires on July 1st 2007. when I was entering US on Dec 30th 2007, They gave me I94 valid till july 1st 2007. So I have to extend my I94 once I will get my new passport for which i have already applied in Chicago. Does any one know, how many days it takes for passport renewal? I had sent my passport to chicago Indian consulate on jan 10th and still waiting.
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randomagain
08-26 12:22 PM
sonic = wow
I've always liked this one...
I've always liked this one...
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MSCapBust
07-19 12:02 PM
I'm doing an internship on CPT.
I will be out of school at the end of August.
I will be out of school at the end of August.
gultie2k
07-07 04:14 PM
Usual, IT sector with a Desi consulting company!
tammman
10-09 03:08 AM
So does CA....
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