redelite
08-26 04:01 PM
fixed.... http://www.kirupa.com/forum/attachment.php?attachmentid=47721&stc=1&d=1219780843
//Edit: woops.. sorry for double post
//Edit: woops.. sorry for double post
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manjunathpv
10-07 01:12 PM
Raj
Any updates on your interfiling case? Did you follow up with SR and infopass?
Thanks
Any updates on your interfiling case? Did you follow up with SR and infopass?
Thanks
questions
06-05 04:44 PM
Hi,
I have been selected for the Green Card Diversity lottery and have some questions:
I have been working for the past 6 years on a H1B visa and have been laid off in March.
I am currently out of status, my H1B has expired, but I have an approved extension I797A form and I-94 untill October 2010.
I am planning to return to my home country July 31 (at that point I will be out of status for 4.5 months, but have not aquired unlawful presence).
1- Is my Green card application/approval in jeopardy by being out of status?
2- Is it possible to have my status adjusted and proceed inside the United States?
3- Do I increase my changes to obtain approval if I return as soon as possible to my home country instead of waiting until July 31st?
4- Is it possible for me to travel to the US on a tourist visa while waiting for a response from the consular center?
5- Overall, what would be the recommended approach to give the best chance of approval?
Thanks in advance!
I have been selected for the Green Card Diversity lottery and have some questions:
I have been working for the past 6 years on a H1B visa and have been laid off in March.
I am currently out of status, my H1B has expired, but I have an approved extension I797A form and I-94 untill October 2010.
I am planning to return to my home country July 31 (at that point I will be out of status for 4.5 months, but have not aquired unlawful presence).
1- Is my Green card application/approval in jeopardy by being out of status?
2- Is it possible to have my status adjusted and proceed inside the United States?
3- Do I increase my changes to obtain approval if I return as soon as possible to my home country instead of waiting until July 31st?
4- Is it possible for me to travel to the US on a tourist visa while waiting for a response from the consular center?
5- Overall, what would be the recommended approach to give the best chance of approval?
Thanks in advance!
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Robert Kumar
02-25 10:06 PM
Robert
It means that they are either not satisfied that the job meets the speciality occupation criteria or the credentials of the employee/employer/any of the document s provided. They will conduct an investigation and your friend will hear from them upon completion of thier investigation.
HRPRO
What happens if premium processing is done at this stage.
It means that they are either not satisfied that the job meets the speciality occupation criteria or the credentials of the employee/employer/any of the document s provided. They will conduct an investigation and your friend will hear from them upon completion of thier investigation.
HRPRO
What happens if premium processing is done at this stage.
more...
sankar_203
04-20 10:20 PM
i had the same situation. your friend can apply for H1-B coz he is already counted. He'll loose whatever time that he is used on EAD and get the remaining time that is left on his 6 year period. If 6 years is already passed, he can still file for H1-B based on labor, 140 approval. In my case, my H1-B got denied coz of employer issues and i have an another H1-B with another company. Mean while i have filed AC21 with my new employer to be able to work..Hope this helps..
whitecollarslave
03-31 02:41 PM
I have transfered or renewed H-1 multiple times. Never had a situation where an employer will not provide the salary slip. Who is your employer?
more...
gcsomeday
04-02 05:04 PM
Others, please correct me if I am wrong.
I think you need labor from current employer and an I140.
You can not port your PD to a different employer based on just an existing labor.
You can do a H1 transfer for the remaining duration of your H1 and maybe add any time you were not in US in the past years while on H1.
If you have the I140 ( should get in a few days in premium processing) then you can get your new employer to start a new green card process but carry your PD from your earlier employer.
Most importantly talk to a lawyer rather than depending on people here.
Good luck.
I think you need labor from current employer and an I140.
You can not port your PD to a different employer based on just an existing labor.
You can do a H1 transfer for the remaining duration of your H1 and maybe add any time you were not in US in the past years while on H1.
If you have the I140 ( should get in a few days in premium processing) then you can get your new employer to start a new green card process but carry your PD from your earlier employer.
Most importantly talk to a lawyer rather than depending on people here.
Good luck.
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prem_goel
08-29 11:06 AM
please post if anyone has been in the same situation?
more...
waitin_toolong
08-13 10:08 AM
I think you misunderstood a point made there. Though it is possible to extend renew H1 for employer if EAD was used some time, but that is like recapturing that status and means fulfilling the terms of H1, by giving up on part time job.
You cannot be on H1 and use EAD for second job at the same time.
You cannot be on H1 and use EAD for second job at the same time.
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horscorp
02-09 06:56 AM
Thanks a lot. I understand the process better now.
Horscrop,
Yes, it is possible that USCIS would reject the extension because the PERM was not filed 365 days before the end of six years. However, a rejection on this basis is clearly contrary to both the language and intent of AC21, and I believe, could be successfully challenged on appeal.
Ann
PS-Am enjoying all the snow---so beautiful and peaceful.
Horscrop,
Yes, it is possible that USCIS would reject the extension because the PERM was not filed 365 days before the end of six years. However, a rejection on this basis is clearly contrary to both the language and intent of AC21, and I believe, could be successfully challenged on appeal.
Ann
PS-Am enjoying all the snow---so beautiful and peaceful.
more...
vishwak
08-18 08:29 AM
Even some Attorney's and Law firm says you can start working once you FedEx document to USCIS or Receipt of FedEx at USCIS. Its always good to wait until you get Receipt number from USICS which is an official document.
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MrWaitingGC
06-18 07:08 PM
I am not getting any appointment in June with any doctor within 60 miles from my place. So I took an appointment with a doc 70+ miles away for end of june. The only problem is I need to go twice 70 miles one way. The clinic suggested I do the blood work in nearby county clinic, but the county clinic wants 7-10 days to get results of blood work. I asked them for HIV and Sephallius test to be done. I already got TB Skin test(tested negative) done at county clinic.
Can someone please tell what all blood tests need to be done, so I can check if any other doctor can do the blood work and I can save one 70 mile trip . Thanks.
Common buddy this is nothing. I drive this daily to work one way. You are worried about 2 days.
Take a day off and visit near by places and have fun.
Can someone please tell what all blood tests need to be done, so I can check if any other doctor can do the blood work and I can save one 70 mile trip . Thanks.
Common buddy this is nothing. I drive this daily to work one way. You are worried about 2 days.
Take a day off and visit near by places and have fun.
more...
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javadeveloper
12-17 09:25 PM
Yup, same here. 7 yrs 5 months and waiting.
Even friends have stopped asking me when I will get my GC. I think they may have asked so many times they got tired.
Funny to see ppl now a days getting labor in 3 months for what took me 4 plus yrs.
Hav been current since Oct 1st this yr and still nothing. It used to hurt but now am numb to the pain. Just hope the same job I have been in since 9 yrs still keeps me until some positive outcome comes (if it ever does).
Is your labor approved after 2005? If your labor approved before 2005 you should have got your GC right?
Even friends have stopped asking me when I will get my GC. I think they may have asked so many times they got tired.
Funny to see ppl now a days getting labor in 3 months for what took me 4 plus yrs.
Hav been current since Oct 1st this yr and still nothing. It used to hurt but now am numb to the pain. Just hope the same job I have been in since 9 yrs still keeps me until some positive outcome comes (if it ever does).
Is your labor approved after 2005? If your labor approved before 2005 you should have got your GC right?
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HumJumboHathuJumbo
08-19 12:27 AM
Does your welcome letter/approval say anything about ADIT process?. thanks
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cinqsit
10-09 05:36 PM
I had filed labor in June 2008 and as per the attorney they havent received any update from DOL. I had requested my employer/attorney to atleast send a screenshot of my status and they say cases that old are hard to pull up on DOL website. Is it really that hard with DOL to login and see the status as compared to USCIS? For my comfort I requested them to send me a screenshot and I am getting stiffed even on that! Can you please answer if attorneys can login to DOL and see the status of any PERM applicant? In this age of electronic media a department as big as DOL doesnt even provide updates to applicants/firms to view their statuses?
Thanks in advance!
you can search for cases filed using start and end date - its nothing fancy or interesting as you might have imagined - if your employer is indeed saying that its hard to pull old cases - its total BS -- either they dont want you to worry or they dont want to divulge your case number
Thanks in advance!
you can search for cases filed using start and end date - its nothing fancy or interesting as you might have imagined - if your employer is indeed saying that its hard to pull old cases - its total BS -- either they dont want you to worry or they dont want to divulge your case number
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reddysn
06-17 10:46 PM
I dont know about it
But you may want to read this for the procedure for applying waiver for medical issues
http://faq.visapro.com/Immigration-Medical-Exams-FAQ9.asp
All
First of all, sorry to open a new thread for my problem, but didn't find a related thread.
I was tested positive for genetal herpes 6months ago, but after that i didn't have any outbreaks. Now i have to go for medicals for my I485 next week.
Iam very much worried if it will effect my chances of getting GC.
Should i let the civil surgeon know iam positive for herpes and show my medical reports before he does the blood work, or should i wait till he finishes my blood work? I have read that i can apply for a waiver even if im tested positive for herpes, is it true? If so, can any body please tell me what is the procedure? Do i need to do it when we are filing for 485, or is it a separate process?
Please guide me.
Thanks in advance.
But you may want to read this for the procedure for applying waiver for medical issues
http://faq.visapro.com/Immigration-Medical-Exams-FAQ9.asp
All
First of all, sorry to open a new thread for my problem, but didn't find a related thread.
I was tested positive for genetal herpes 6months ago, but after that i didn't have any outbreaks. Now i have to go for medicals for my I485 next week.
Iam very much worried if it will effect my chances of getting GC.
Should i let the civil surgeon know iam positive for herpes and show my medical reports before he does the blood work, or should i wait till he finishes my blood work? I have read that i can apply for a waiver even if im tested positive for herpes, is it true? If so, can any body please tell me what is the procedure? Do i need to do it when we are filing for 485, or is it a separate process?
Please guide me.
Thanks in advance.
more...
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superdude
07-19 01:18 AM
My lawyer sent me the fedex tracking sheet for the I-485 package sent to:
USCIS
Nebraska Service Center
850 S Street
Lincoln, NE 68508
I did not see any PO Box on the Fedex tracking sheet. I am not sure if she put the PO Box on the shipping label or not??
Is it a big deal?? Will my application be accepted.
Please help
It is avery common address. Track the shipment via SedEx, It will be delivered.
USCIS
Nebraska Service Center
850 S Street
Lincoln, NE 68508
I did not see any PO Box on the Fedex tracking sheet. I am not sure if she put the PO Box on the shipping label or not??
Is it a big deal?? Will my application be accepted.
Please help
It is avery common address. Track the shipment via SedEx, It will be delivered.
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richana
01-23 09:20 PM
Thanks for the reply! That was very helpful .
Do I still have to be employed by my original sponsor when i get the appt after 6 months?
If I return to the US in a few months do I still have to option of filing 485 even though I've already applied for CP in India?
Yes to Q1. Yes to Q2, but you will have to discontinue the CP option. I would suggest going the CP way in your case. AOS is unpredictable with CP you will have a definite date. Best option get H1 in India return and apply for AOS, if not apply for CP and return with H1 go back in 6 months get GC if all else fails wait in India for 6 months and come back with GC.
Do I still have to be employed by my original sponsor when i get the appt after 6 months?
If I return to the US in a few months do I still have to option of filing 485 even though I've already applied for CP in India?
Yes to Q1. Yes to Q2, but you will have to discontinue the CP option. I would suggest going the CP way in your case. AOS is unpredictable with CP you will have a definite date. Best option get H1 in India return and apply for AOS, if not apply for CP and return with H1 go back in 6 months get GC if all else fails wait in India for 6 months and come back with GC.
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fromnaija
11-17 03:07 PM
Hey Guys
I need your help on these issues. My labor certification was filed on October 25th 2006 and had it approved on 5th of November 2006.
Now my employer is ready to file the 1-140 together with 1-1485. My question is, I do not now whether my priority date is current for the filling of these forms.
Looking at the above filling date, can some one brief me on my likely priority date?
The other question is, even though my employer is taking the responsibilty of my filing process, I am paying all the expenses ( be it the Attorney fee as well as other additional fees are being borne by me).
When do you think will be appropriate for me to quit this job after my 1-140 and 1-1485 have been filed? Please advice me on this because my initially promised to pay for all the expenses but denied this after I have taken up the job.
Your priority date is the date your labor certification application was filed or the date you filed I-140 if your category does not require a labor certification.
So, in your case your PD is October 25, 2006. If you are EB1 or EB2 and not from India or China then I would say your priority date is current and you may file both I-140 and I-485 concurrently. Otherwise, you may file I-140 now and then file I-485 when your PD is current.
To find if your PD is current check the Visa Bulletin at http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
Using AC21 you may quit after your I-485 has been outstanding for more than 180 days. If you quit before then, you may have to restart your GC process.
***DISCLAIMER****
(I am not an attorney, please consult an immigration attorney or use advice at your own risk).
I need your help on these issues. My labor certification was filed on October 25th 2006 and had it approved on 5th of November 2006.
Now my employer is ready to file the 1-140 together with 1-1485. My question is, I do not now whether my priority date is current for the filling of these forms.
Looking at the above filling date, can some one brief me on my likely priority date?
The other question is, even though my employer is taking the responsibilty of my filing process, I am paying all the expenses ( be it the Attorney fee as well as other additional fees are being borne by me).
When do you think will be appropriate for me to quit this job after my 1-140 and 1-1485 have been filed? Please advice me on this because my initially promised to pay for all the expenses but denied this after I have taken up the job.
Your priority date is the date your labor certification application was filed or the date you filed I-140 if your category does not require a labor certification.
So, in your case your PD is October 25, 2006. If you are EB1 or EB2 and not from India or China then I would say your priority date is current and you may file both I-140 and I-485 concurrently. Otherwise, you may file I-140 now and then file I-485 when your PD is current.
To find if your PD is current check the Visa Bulletin at http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
Using AC21 you may quit after your I-485 has been outstanding for more than 180 days. If you quit before then, you may have to restart your GC process.
***DISCLAIMER****
(I am not an attorney, please consult an immigration attorney or use advice at your own risk).
stones
06-30 10:14 PM
RFE means Request For Evidence. For an H-1 to be pending for more than 8 months without an RFE is a bit unusual.
Could you provide a brief chronology of your work history with exact dates so that I can get a clearer idea of whether USCIS is likely to find that you were/are out of legal status?
Here are the details for my case
* � I graduated in Dec. 2007.
* � My OPT has started on December, 2007 (expires on December, 2008).
* � My previous company (A) applied for an H1B for me which starts from October 1st, 2008.
* � I received Notice of H1B approval. (I797A Notice Date June, 2008).
* � H1B is valid from 10/01/2008 to 10/01/2011.
* � I lost my job with Company A on September 18th, 2008.
* � USCIS, Vermont Center received my H1B withdrawal letter from Company A on September 24th, 2008.
* � I requested Company B to transfer my H1B.
* � USCIS received my petition for a transfer on October 28th, 2008.
* � My Transfer petition was pending with company B
Recently I moved to another job with Company C that I mentioned in my earlier post. They sent my H1B transfer application in June 2009.
Thank You, Please let me know if you have any questions.
Could you provide a brief chronology of your work history with exact dates so that I can get a clearer idea of whether USCIS is likely to find that you were/are out of legal status?
Here are the details for my case
* � I graduated in Dec. 2007.
* � My OPT has started on December, 2007 (expires on December, 2008).
* � My previous company (A) applied for an H1B for me which starts from October 1st, 2008.
* � I received Notice of H1B approval. (I797A Notice Date June, 2008).
* � H1B is valid from 10/01/2008 to 10/01/2011.
* � I lost my job with Company A on September 18th, 2008.
* � USCIS, Vermont Center received my H1B withdrawal letter from Company A on September 24th, 2008.
* � I requested Company B to transfer my H1B.
* � USCIS received my petition for a transfer on October 28th, 2008.
* � My Transfer petition was pending with company B
Recently I moved to another job with Company C that I mentioned in my earlier post. They sent my H1B transfer application in June 2009.
Thank You, Please let me know if you have any questions.
black_logs
02-08 03:52 PM
I agree, It is just that I'm so frustrated to see them doing almost nothing since they came to power. All they talked since then is reservations...not a single project. After 2 years in power only 1 project they have initiated since then is this airport upgradation project that too is Vajpayee government's brainchild.
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