saurav_4096
07-30 05:33 PM
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surabhi
06-02 11:37 AM
just one more Qn:
My L1 ends Sep 3rd week.
If I decide not to do extension, is it ok to stay in US for those 2 weeks until Oct1. so I can start working under H1 ?
those 14 days out-of-status : How bad is it ?
thanks.
I wouldnt do that. You can arrive 10 days early, but not sure if it would be applicable here. Even then you have more than 10 days to account for. You will not accumulate much out of status period. It should be 180 days of out of status before it gets ugly, but why invite trouble.
I think attorney would advise to file another non immigrant visa , generally a B1 ( tourist visa) for the interim period.
Thre is grace period for OPT - H1 for similar scenario. I dont think its applicable for L1B
My L1 ends Sep 3rd week.
If I decide not to do extension, is it ok to stay in US for those 2 weeks until Oct1. so I can start working under H1 ?
those 14 days out-of-status : How bad is it ?
thanks.
I wouldnt do that. You can arrive 10 days early, but not sure if it would be applicable here. Even then you have more than 10 days to account for. You will not accumulate much out of status period. It should be 180 days of out of status before it gets ugly, but why invite trouble.
I think attorney would advise to file another non immigrant visa , generally a B1 ( tourist visa) for the interim period.
Thre is grace period for OPT - H1 for similar scenario. I dont think its applicable for L1B
gene77
08-15 08:28 PM
Hi, I recently filed my I-485 using my pre-approved Eb3 I-140 (PD:May 2004). Around a month back, I applied a new EB2 I140 and that got approved today so I have ported my PDs to this new EB2 I-140. Now, I am planning to file an amendment to replace the EB3 I-140 with EB2 I-140 attached with my I-485. Some people call this process as interfiling too. Can somebody please let me know if he/she has done it before and how long does it take to get affected?
I plan to do this but I am waiting for my EB2 I-140 to be approved. Please see below, I have attached some info I got from Mathew Oh's website. Did you say you applied for your I-140 only 1 month ago and it got approved already? I applied for my EB2 I-140 in Nov and still don't have any approvals.
//NSC Procedure of Transfer of Pending I-1485 From Current Approved Underlying I-140 Petition to New I-140 Petition
� This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
� However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the nex I-140 petition.
� According to the Nebraska Service Center, people should take the following procedure to request such transfer of pending I-485 application from one I-140 petition to another I-140 petition:
o Request for Transfer of Pending I-485 Application to a Newly Filed I-140 Petition That Has Visa Number Current: In this situation, he/she is filing a new I-140 petition (probably EB-2 with visa number "current") with the agency to transfer the pending I-485 application and attach it to the new I-140 petition. The NSC states that if he/she files such new I-140 petition, he/she should use "large, bold print in the cover letter or with a separate, brightly colored cover page and notation 'Inter-file I-140 with Pending I-485' and include the Receipt/File Number of Pending I-485 Application, both on the Envelope and Cover Letter.
o Request for Transfer of Pending I-485 Application to Already Approved New I-140 (most likely EB-2 category): NSC asks to print the attached over sheet on brightly colored paper, and submitting it with a cover letter providing the following Information:
Name of 485 applicant
Name of I-140 petitioner (employer)
I-485 Receipt Number
"A" Number of the 485 applicant
Prior I-140 petition (1) Receipt Number, (2) Filing Date, and (3) Approval Date
New I-140 to be inter-filed
Statement requesting new I-140 be inter-filed with the pending I-485 application
//
I plan to do this but I am waiting for my EB2 I-140 to be approved. Please see below, I have attached some info I got from Mathew Oh's website. Did you say you applied for your I-140 only 1 month ago and it got approved already? I applied for my EB2 I-140 in Nov and still don't have any approvals.
//NSC Procedure of Transfer of Pending I-1485 From Current Approved Underlying I-140 Petition to New I-140 Petition
� This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
� However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the nex I-140 petition.
� According to the Nebraska Service Center, people should take the following procedure to request such transfer of pending I-485 application from one I-140 petition to another I-140 petition:
o Request for Transfer of Pending I-485 Application to a Newly Filed I-140 Petition That Has Visa Number Current: In this situation, he/she is filing a new I-140 petition (probably EB-2 with visa number "current") with the agency to transfer the pending I-485 application and attach it to the new I-140 petition. The NSC states that if he/she files such new I-140 petition, he/she should use "large, bold print in the cover letter or with a separate, brightly colored cover page and notation 'Inter-file I-140 with Pending I-485' and include the Receipt/File Number of Pending I-485 Application, both on the Envelope and Cover Letter.
o Request for Transfer of Pending I-485 Application to Already Approved New I-140 (most likely EB-2 category): NSC asks to print the attached over sheet on brightly colored paper, and submitting it with a cover letter providing the following Information:
Name of 485 applicant
Name of I-140 petitioner (employer)
I-485 Receipt Number
"A" Number of the 485 applicant
Prior I-140 petition (1) Receipt Number, (2) Filing Date, and (3) Approval Date
New I-140 to be inter-filed
Statement requesting new I-140 be inter-filed with the pending I-485 application
//
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bbct
02-11 06:01 PM
http://www.prweb. com/releases/ 2009/02/prweb200 0494.htm
There were empty spaces in the URL. Try this...
http://www.prweb.com/releases/2009/02/prweb2000494.htm
There were empty spaces in the URL. Try this...
http://www.prweb.com/releases/2009/02/prweb2000494.htm
more...
viva
01-13 12:47 PM
you are a selfish person. you do not care about the rest of the iv community.
these provisions are suited for your own benefit. please do not distract the forum with ideas suited to benefit you. let's stick behind the iv strategy.
these provisions are suited for your own benefit. please do not distract the forum with ideas suited to benefit you. let's stick behind the iv strategy.
go_guy123
08-23 06:02 PM
I lost the hope of GC after working 10 years in US because my GC is not approving.
Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.
One needs to have a realistic dream. One needs to verify with facts. Companies often lie
of golden opportunities of GC sponsorship etc to get people at low rates. Even lawyers
promise sun and the moon to sign you up but they hide the reality.
I know companies even lie that project is 6 months and renewable but once you join
and shift to the new place and then after 2 months they say the project is over. They
knew all along that the project is for 2 months but they wanted people, so they lie
that the project is long.
I know right in 2007, one friend of mine was negotiating a lower salary in return of GC sponsorship. But by 2007, the retrogression was far too apparent. Clearly he was totally ignorant. Even then he joined. Few months back another friend of mine was filing for
EB3 - India. I informed him about the reality and thankfully he didnt apply and lose
another 10K.
Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.
One needs to have a realistic dream. One needs to verify with facts. Companies often lie
of golden opportunities of GC sponsorship etc to get people at low rates. Even lawyers
promise sun and the moon to sign you up but they hide the reality.
I know companies even lie that project is 6 months and renewable but once you join
and shift to the new place and then after 2 months they say the project is over. They
knew all along that the project is for 2 months but they wanted people, so they lie
that the project is long.
I know right in 2007, one friend of mine was negotiating a lower salary in return of GC sponsorship. But by 2007, the retrogression was far too apparent. Clearly he was totally ignorant. Even then he joined. Few months back another friend of mine was filing for
EB3 - India. I informed him about the reality and thankfully he didnt apply and lose
another 10K.
more...
indyanguy
01-18 01:00 PM
diptam - Thanks for the reply. The letters I had sent earlier is very similar to the template of the letter you posted. I am going to get new letters and send them over. Hopefully, it will get me out of this crazy 140 delay.
getrdone - By the labor application, I assume you are talking about the approved labor certificate that lists the experience and skills? If so, yes I do have a copy of it and will be including this language in the letters.
By the way, is it required to send 2 letters from each employer?
getrdone - By the labor application, I assume you are talking about the approved labor certificate that lists the experience and skills? If so, yes I do have a copy of it and will be including this language in the letters.
By the way, is it required to send 2 letters from each employer?
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gk_2000
01-26 07:09 PM
Well done team IV! BTW has IV already published this email to newspapers? IIRC a free site like PRNEWSWIRE will also help :-)
PR Newswire is AWESOME!
PR Newswire is AWESOME!
more...
immi_seeker
09-28 06:41 PM
After looking to so many threads on our forum regarding the receipt notice delay. IV have raised the same questions to USCIS. Today USCIS have come with the answers to your questions. We are told that USCIS has put additional resources to address the receipt notice delays.
Please visit
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=82b06a9fec745110VgnVCM1000004718190aRCR D
Travelling without recieveing receipt notice is still an unclear topic. uscis has given a vague answer on that
Please visit
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=82b06a9fec745110VgnVCM1000004718190aRCR D
Travelling without recieveing receipt notice is still an unclear topic. uscis has given a vague answer on that
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ilovestirfries
09-27 08:07 PM
Wowww...There were 34 views without a single reply.. :confused:
There isn't anybody who concurs/disagrees with my situation? Its amazing how these discussion boards work...:mad:
There isn't anybody who concurs/disagrees with my situation? Its amazing how these discussion boards work...:mad:
more...
sukhyani
09-04 04:19 PM
You must be right ... I was not anticipating this turn of events whatsoever as I knew what the current PD is in the September Visa Bulletin but maybe they assign me a visa number when they got my application in June.... who knows...
What was the Approval date on your I140?
What was the Approval date on your I140?
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Desertfox
01-03 01:19 AM
SEVIS applies to F, M and J nonimmigrant students irrespective of undergraduate or graduate studies. I don't think Robert Kumar should consider F1, because he already has AOS pending status and not considered a nonimmigrant student anymore. Its no different than a permanent resident applying for a F1 visa. BTW, I took more than 18 credits in year 2010 @ resident tuition rate with my I-485 receipt, and received federal student loan as an eligible non-citizen with my AP stamp on passport. From what I heard on this forum, some universities are reluctant in considering AOS for resident tuition rate, but one can get help from the justice department in such cases. Here in Arizona all state universities accept AOS as equivalent status of a permanent resident.
more...
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anilsal
12-19 10:19 PM
What is "CPB defferred inspection site"?
Details please....
Details please....
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cfan666666
06-22 03:10 PM
http://www.uscis.gov/files/pressrele...ling062107.pdf
Does this mean USCIS take it back?
Does this mean USCIS take it back?
more...
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ritwik_ind
11-11 11:30 AM
Where are the winners posted? It's already 11th !
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capriol
01-26 07:19 PM
Folks,
I am not getting my hopes too high about the EB-485 processing dates--either for the TSC or the NSC. Correct me if I am wrong...but I think that this huge progress in the EB 485 processing dates can be attributed to the fact that EB2 (India) is retrogressed and even unavailable (currently) and EB 3 (India) is also regtrogressed, and of course, not to mention China. So, perhaps both the service centers are processing EB 485's for ROW--and thus this quite impressive forward move.
If at some point India's EB2 and 3 priority dates move by a great leap beyond what it is now (ie., if the centers start processing the July 2007 VB submissions of EB2 and 3) , then should not we expect that the processing dates of the two centers be back-logged again and thus retrogressed?
What so you folks think? Thanks.
I am not getting my hopes too high about the EB-485 processing dates--either for the TSC or the NSC. Correct me if I am wrong...but I think that this huge progress in the EB 485 processing dates can be attributed to the fact that EB2 (India) is retrogressed and even unavailable (currently) and EB 3 (India) is also regtrogressed, and of course, not to mention China. So, perhaps both the service centers are processing EB 485's for ROW--and thus this quite impressive forward move.
If at some point India's EB2 and 3 priority dates move by a great leap beyond what it is now (ie., if the centers start processing the July 2007 VB submissions of EB2 and 3) , then should not we expect that the processing dates of the two centers be back-logged again and thus retrogressed?
What so you folks think? Thanks.
more...
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GCAmigo
06-04 09:55 AM
Morning business @ 2:30 p.m. ??
Mourning business ?
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desi3933
02-18 11:28 AM
Thanks desi3933 for correcting me and posting the link. But, I know a couple of instances where they got the RFE/NOID for the same reason. But, I am sure they will eventually get approved if they go for MTR as this was addressed in Yates Memo.
I have a question, is 'memo' same as law? Can the IO come back and say its not in the law? Just out of my curiosity ...
>> I have a question, is 'memo' same as law?
No. these memorandums do not have the force of law and apply only to USCIS officers, not to immigration judges.
>> Can the IO come back and say its not in the law?
No. See above.
These issues are more complicated.
______________________
Not a legal advice.
US citizen of Indian origin
I have a question, is 'memo' same as law? Can the IO come back and say its not in the law? Just out of my curiosity ...
>> I have a question, is 'memo' same as law?
No. these memorandums do not have the force of law and apply only to USCIS officers, not to immigration judges.
>> Can the IO come back and say its not in the law?
No. See above.
These issues are more complicated.
______________________
Not a legal advice.
US citizen of Indian origin
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hopefulgc
03-28 10:56 AM
same here. i have updated my information but it doesn't show up in stats
Thanks for this great feature. It definitely looks promising. But, some how I find my information missing. Is there a place where I can add my information. my IV profile already got all my info.
Thanks for this great feature. It definitely looks promising. But, some how I find my information missing. Is there a place where I can add my information. my IV profile already got all my info.
bikram_das_in
01-22 03:32 PM
1) Only the company for you are working right now with L1 VISA can apply for your green card. You should be able to get green card in 2-3 years if everything goes fine.
2) Your daughter can sponsor your green card when she is 21 years old. You cannot change job on L1. In order to change job, you have to find an employer who can sponsor H1B for you. H1b is another type of work visa.
2) Your daughter can sponsor your green card when she is 21 years old. You cannot change job on L1. In order to change job, you have to find an employer who can sponsor H1B for you. H1b is another type of work visa.
chprav
11-05 10:28 AM
Finally I got mail from USCIS on 11/04 saying my AP is approved. But the message says it is approved on 10/17. I didn't know why they took so many days to update the status? Is it normal?
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Approval notice sent.
On October 17, 2007, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Approval notice sent.
On October 17, 2007, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
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