Tuesday, June 14, 2011

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  • matreen
    10-13 04:16 PM
    My case reached USCIS on July, 12th and still waiting; nothing have been received yet...

    I have called my lawyer she is also frustraited and said we have to wait as CIS is making some changes.

    I understand it's really frustrating as people started receiving who filed in August....it seems to me CIS is not following proper channel and everything is messed up.

    Lets hope for the best....

    M




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  • chakalov
    10-10 12:41 PM
    Application received by NSC on July 19. Called USCIS yesterday 10/09/07 - still nothing in the system. I'll call again in a week.




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  • sodh
    07-24 12:57 AM
    Hi,
    My situation is as follows:
    1) approved RIR labor 2002
    2) approved perm labor 2005
    3) approved i-140 2006 (PD 2005)
    4) ALL of above for company-A. 2006 company-B took over.

    My lawyer said i cannot file and have to start again with new labor as merger/acquistion was 'asset only' type.

    I want to self-file i-485 giving the company "name change" letter as the only proof along with the rest of regular documents. Company-B employer is in 100% support of my application.

    SHOULD I just waste $$$$ money or take a chance ? PLEASE HELP...TIRED OF WAITING FOR LAST 5 years :(

    Regards,
    -Ravi
    Your Lawyer is right if the merger is only asset type and not transfer of shares between your old company and new company your application will be rejected.




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  • maresco10
    04-17 12:06 PM
    As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have gave me a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase. Since I will have to wait until my residence at least 3 more years, that means that I will have to work on these conditions for 8 or 9 years.!!!!

    I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??



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  • maresco10
    04-17 12:06 PM
    As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have gave me a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase. Since I will have to wait until my residence at least 3 more years, that means that I will have to work on these conditions for 8 or 9 years.!!!!

    I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??




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  • vin13
    05-19 01:34 PM
    My friend,
    to a certain extent I agree with your point. However I believe MR Singh could have initiated a dialog on Indian immigrants. Reason being most us, send our money back home, keep money in our accounts over there? Lets not forget the air tickets we bought to come over here, the loans we picked from there, all the taxes are paid to the government.

    How many of us, buy properties over there, so my point is yes it not a direct concern of an Indian PM, but indirectly we are paying their fat bills or a polite version -- taxes. They should have brought that point.

    Immigration is more of a domestic political issue/concern. It is mostly based on popularity and vote bank. This is not a major bilateral concern for US and India. I guess that is why i am saying India's PM may not be able to influence much.

    Anyway i don't want to beat this to death. Just an opinion.



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  • indianabacklog
    06-27 10:47 AM
    It should appear on your I140 approval under the Beneficiary. Under your name, the A# should appear there.

    Even my lawyer could not remember where my A# came from and I pointed it out to her.

    Some people say, they didn't get it. I'm not really sure.

    Please check your I140 approval.
    Why are you trusting your lawyer if they cannot even remember where the A# came from? Makes me wonder how they justify their existence if this the level of their competence. If I was that bad at my job I would have been on a plane out of the US within a week or arriving.




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  • yabadaba
    06-18 12:29 PM
    right.. thats what i thought.. thanks for your opinion.....at least that means i was thinking along the same lines. i ll doubl check with my attorney.

    thx again



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  • webm
    06-09 02:27 PM
    One of my friend with PD Jul 2001 EB3 India is still waiting for his GC. His name check was cleared 4-5 months back and not sure what he was waiting for.....

    I am on the same boat as your friend...Took infopass but its of no use..

    so waiting..continues..waiting for luck!!

    Looks like EB2 approvals spike going on this month..atleast something moving...


    --------------------------
    EB3-I Oct,2001 (TSC)
    FP/NC -- cleared
    485 RD -mid June 2007 (TSC)




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  • prash20
    05-29 09:26 PM
    the reason for denial was regarding the Company B , they were saying that Company B doesnt qualify as a employer or agent so cannot employ me


    The transfer was from Company A h1 to Company B h1 not from university h1 to compnay B h1



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  • MDix
    03-05 05:10 PM
    Please see my reply in red.

    I have few questions regarding the visa and green card process.


    1. Which documents are required to convert H1 to H4 while being in USA?

    Ans : Pay-stubs and form I-539

    2. As per my understanding if I convert to H4, I can use my H1 at a later point of time. Is it true? What are the preconditions for this?

    Ans: Yes, no pre-conditions

    3. What happens to my green card process if I convert to H4? I have my I-140 approved.

    Ans : It's upto your employer if he keeps your I-140 alive then your GC process is good. You can use your PD in future if you want to re-start your GC

    4. Assuming that my understanding in point-2 is correct what is the process to convert back to H1?

    Ans : File New H1 again ( techinacally old one as you are not counted in Quota)
    Thanks and Regards,
    Alpa




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  • amslonewolf
    05-10 10:38 PM
    FYI check out http://yourmaninindia.com site as well. They provide some good services like getting BC for you etc.



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  • gc_rip
    07-06 12:52 PM
    Thanks Ann,

    This is really helpful.

    To understand it carefully, as long as the new company can provide me a future job offer, when the PD is current the GC can be approved.

    In this case,
    1. Should I transfer my H1B with the new company, or it's not required? My job offer will be from the Indian company, and not the US company.

    2. In case of business travel, until the PD is current, if I don't have AP renewed which visa should I travel on? As I won't be paid directly from the US counterpart of the company, I am not sure if I can travel using H1 for short time.
    Could traveling on B1 visa consider it as abandonment of GC process?


    Thanks,
    -Raj




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  • franklin
    06-15 12:33 AM
    Hi

    Can I file for the I-485 before july 1st 2007?

    I doing my medical exam next week on the 20th, that's the earliest i could get in MA.
    However i'm going to do my x-ray tomorrow, because i always test positive after the TB test, but x-ray negative. Does it hurt to do the x-ray earlier that the actual TB test (PPD)? my doctor said it does not hurt and he will accept it. Does any one know if there going to be a problem with that ?

    thanks for your help.

    Not if your priority date became current in the July bulletin, no

    It doesn't hurt to get the medical out of the way at all - its valid (from what I've read here) for 1 year. I did mine last month before my PD became current on June 1st



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  • vnsriv
    04-07 04:50 PM
    Friends I have a Question. I went to my home country couple of months back, but somehow forgot to surender my I-94 at the port of exit. When I came back, at the POE(Newark)I was not asked any questions, and they issued me a new I-94. Yesterday someone told me that this could potentially affect my I-485 adversely OR whenever I travel to my home country again, they might cause problems during my re-entry. Just wanted to know what should be my action plan.

    Should I correct the records with USCIS, by sending them the I-94(Along with proof that I went to my home country).

    OR should I just say quiet and forget about this mistake?

    Gurus- Please Help

    Looks like you have pending of adjustment(I-485). At the time of filing I-485, you must have provided the photocopies of latest I-94. So relax. You don't have to resend unless you get an RFE on I-485 which is rare. I haven't heard anyone getting an RFE on missing I-94. They have no proof that you did not submit your I-94. Again, this is my own opinion and not a legal advice

    Best of luck




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  • ivar
    11-05 10:01 AM
    Case resolved!!
    All is well that ends well. Well my case got reopened, new RFE sent, and case is approved once the RFE resposne is submitted.

    Reason given for the denial of the case is abadonded RFE, even though no RFE was sent in the first place.

    Good to hear that you got your approval. Very few people come back and give update about their case. Thanks for updating IV about the final result.



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  • bhatt
    12-16 02:12 PM
    A freind of mine had two years EAD and don't have H1 anymore. His drivers License was denied as EAD is not considered a valid document for drivers License extention.
    This happened in Wayne , NJ.
    I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?

    Try a different DMV. Some of the officers even does not know what is EAD or AOS. Recently I tried my local DMV it didn't go through then I went to Trenton, it was just a 2 min Job for them.




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  • lfadgyas
    05-20 09:15 PM
    I�m not a lawyer or attorney or anything official

    -So you ended up in the US as a intercompany transfer on L1B and you are working for �A�. Probably you started to work for �A� around 1999 summer.

    -L1b is expiring on Aug 29, 2001, but few days before they submit an extension, but there is no approval just some RFEs;

    I assume you kept working after Aug 29, 2001 for the same company �A� still here in the US.

    -After a year you applied for H1-B with company �B� on August 20, 2002 which is approved on Sep 2002 and you travel back home to have the visa stamped and you came back to the US and started working for �B� (on June 2003).

    -Later you transferred your H1B and started to work for company �C� which is your current emp. Company �C� started your labor/gc process and you were able to file your case during the 2007 visa fiasco (when all categories were �current� for July or so ).

    I believe that from Aug 29, 2001 till Sep 2002 (or till the date you left the country - but this does not really count for now I think) you were working with no USCIS authorization.

    Based on the dates this is more than one year � there is some bar for this 3 or 10 years � that is the time you cannot reenter or apply for new visas etc. I guess . Your lawyer (any) should know this better.

    Even if you applied for H1b afterward� and that process went ok - probably by this time they realized that there was an unauthorized employment before� I do not know that a correctly field H1 and later and approved LC and filed I485 can "cancel out" such a thing. Probably not.

    This is definitely a �lawyer� case . You might would be able to show and prove that you unintentionally ended up with this gray period with your first employer (this would be hard though) and ever since you followed the immigration law. From your stand point (unfortunately this will be not the USCIS�s one ) you are here legally since 2003 June. This is already 7 years. You might can file for some relief - based on extra hardship or something - I do not know this side .

    If this unauthorized employment issue is true then consult about the real chances you might have with a lawyer who knows this pretty well...
    Good luck




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  • arjunram
    04-22 10:24 PM
    so if someone mailed on jun 30th and the status online says received on july 26th does it mean that they are not processing these dates as yet? Im kinda confused!




    brahmam
    06-27 09:28 AM
    True, some have had this A# assigned on their I-140 approvals and some don't. Anyone knows what's the significance of this?




    gemini23
    08-02 01:41 PM
    Yes, you are correct. They just need copies at the time of application, they can ask for originals if needed later if there is an interview. But yes, still I got my orginials in courier.

    Gemini,

    Isn't it enough to send a copy of the Affidavits of Birth and not the original. I think USCIS requires only copies of all documents. Correct me if I am wrong.



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