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mdcowboy
02-22 05:14 PM
Hi,
Recently, I applied for H1 extension (change of employer) at Mumbai COnsulate. The Visa officer said all my documents are good but still issued me a yellow form that says that administrative process is required for my case. She gave me back my passport and the yellow form. The application is pending.
I have a valid EAD and AP. Is it possible for me to abandon the H1 process and enter US on EAD and AP.
I am looking for legal expertise here.
Thanks.
Might it be a PIMS delaY? Just my opinion.
Recently, I applied for H1 extension (change of employer) at Mumbai COnsulate. The Visa officer said all my documents are good but still issued me a yellow form that says that administrative process is required for my case. She gave me back my passport and the yellow form. The application is pending.
I have a valid EAD and AP. Is it possible for me to abandon the H1 process and enter US on EAD and AP.
I am looking for legal expertise here.
Thanks.
Might it be a PIMS delaY? Just my opinion.
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xbohdpukc
01-09 02:11 PM
why are we assuming that the parents are illegals?? as far as I know, it has not been reported anywhere in the media that the parents were here illegally. if it has, please post relevant links.
as for being a legal resident, do the rules state that you need to be a legal resident for immigration benefits or tax benefits?
For IRS purposes, 180 days or more on a valid non immig. worker status and you are a legal resident.....
legal resident is incorrect term for tax purposes. IRS treats you as a resident for tax purposes. LEGAL/ILLEGAL terms are borrowed from the immigration law realm and I believe that it was the intent of the contest rules. I also agree with the point, that TRU were just following the rules and they should not have changed their stance on the matter.
as for being a legal resident, do the rules state that you need to be a legal resident for immigration benefits or tax benefits?
For IRS purposes, 180 days or more on a valid non immig. worker status and you are a legal resident.....
legal resident is incorrect term for tax purposes. IRS treats you as a resident for tax purposes. LEGAL/ILLEGAL terms are borrowed from the immigration law realm and I believe that it was the intent of the contest rules. I also agree with the point, that TRU were just following the rules and they should not have changed their stance on the matter.
Edison99
01-27 02:29 PM
Good job IV team and keep going...
Press release. Jan 26, 2011
==================
Immigration Voice: President's vision on immigration "in the right direction"
Immigration Voice (ImmigrationVoice.org - Home (http://www.ImmigrationVoice.org)) applauds the President�s recognition of our broken immigration system that allows for educating foreign nationals in the best universities this country has to offer and refrain from utilizing the investment made on them. The President�s call to reform in his State of the Union speech last night is an acknowledgement that has been decades in the making, he took it a step further by rightly calling out on policies that �makes no sense.� His vision and continued support on finding solutions to fix these problems is a step in the right direction.
America�s competitiveness and the initiative of keeping the jobs in the US, from being outsourced rests with the highly educated and skilled labor force within the country. The President�s vision of �let�s stop expelling talented, responsible young people who can staff our research labs, start new businesses, and further enrich this nation" is commendable. The highly educated foreign nationals are forced to seek employment elsewhere due to the long waiting periods in attaining green cards. Nearly a million people are stuck in the process and their prime creative years are submerged in the uncertainties of acquiring permanent residency in the country, and their entrepreneurial ventures are curtailed. The need for a bipartisan solution to reform the employment based green card systems that American employers use to recruit and retain the best and the brightest from around the world has become an immediate necessity.
As the President noted, �No workers - no workers are more productive than ours. No country has more successful companies or grants more patents to inventors and entrepreneurs. We're the home to the world's best colleges and universities, where more students come to study than any place on Earth.� Immigrants come to this country with the very dream the President described, to be a part of the great American workforce, working hard and giving their very best to the country. Aman Kapoor, Immigration Voice founder and president stated, �By tying the economic prosperity with innovation, President Obama has successfully merged the prosperity of our economy with fixing employment based immigration and the tremendous talents that is just waiting to be unleashed.�
Immigration Voice is greatly honored to work with the Congress and the Administration in finding solutions to the root problems of the backlogs and help clear a path for talented immigrants to contribute to the cutting edge in American innovation and exceptionalism.
Immigration Voice is a non-profit, national grassroots organization promoting awareness and providing solutions to fix the problems faced by high skilled legal immigrants in the employment based immigration system. Learn more at ImmigrationVoice.org - Home (http://www.immigrationvoice.org)
Press release. Jan 26, 2011
==================
Immigration Voice: President's vision on immigration "in the right direction"
Immigration Voice (ImmigrationVoice.org - Home (http://www.ImmigrationVoice.org)) applauds the President�s recognition of our broken immigration system that allows for educating foreign nationals in the best universities this country has to offer and refrain from utilizing the investment made on them. The President�s call to reform in his State of the Union speech last night is an acknowledgement that has been decades in the making, he took it a step further by rightly calling out on policies that �makes no sense.� His vision and continued support on finding solutions to fix these problems is a step in the right direction.
America�s competitiveness and the initiative of keeping the jobs in the US, from being outsourced rests with the highly educated and skilled labor force within the country. The President�s vision of �let�s stop expelling talented, responsible young people who can staff our research labs, start new businesses, and further enrich this nation" is commendable. The highly educated foreign nationals are forced to seek employment elsewhere due to the long waiting periods in attaining green cards. Nearly a million people are stuck in the process and their prime creative years are submerged in the uncertainties of acquiring permanent residency in the country, and their entrepreneurial ventures are curtailed. The need for a bipartisan solution to reform the employment based green card systems that American employers use to recruit and retain the best and the brightest from around the world has become an immediate necessity.
As the President noted, �No workers - no workers are more productive than ours. No country has more successful companies or grants more patents to inventors and entrepreneurs. We're the home to the world's best colleges and universities, where more students come to study than any place on Earth.� Immigrants come to this country with the very dream the President described, to be a part of the great American workforce, working hard and giving their very best to the country. Aman Kapoor, Immigration Voice founder and president stated, �By tying the economic prosperity with innovation, President Obama has successfully merged the prosperity of our economy with fixing employment based immigration and the tremendous talents that is just waiting to be unleashed.�
Immigration Voice is greatly honored to work with the Congress and the Administration in finding solutions to the root problems of the backlogs and help clear a path for talented immigrants to contribute to the cutting edge in American innovation and exceptionalism.
Immigration Voice is a non-profit, national grassroots organization promoting awareness and providing solutions to fix the problems faced by high skilled legal immigrants in the employment based immigration system. Learn more at ImmigrationVoice.org - Home (http://www.immigrationvoice.org)
2011 charlie chaplin hitler
ilikekilo
08-01 05:51 PM
My I-485(with G-28) was filed by our company lawyer and company did not let us file EAD. I'm filing EAD on my own after USCIS made it clear with FAQ2 that they will accept EAD applications without the I-485 Receipt notice.
My questions is, Can I be sure the receipt notice for the EAD will come to me and not to the lawyer by any chance? I don't have any intention of using EAD but don't want my employer/lawyer know that I have filed it.
Thanks
do you know where ot send EAD application? do we need 485 RN? do we send EAD app to the same center we sent 485 to?
My questions is, Can I be sure the receipt notice for the EAD will come to me and not to the lawyer by any chance? I don't have any intention of using EAD but don't want my employer/lawyer know that I have filed it.
Thanks
do you know where ot send EAD application? do we need 485 RN? do we send EAD app to the same center we sent 485 to?
more...
logiclife
01-31 10:51 AM
Go to websites such as ZAZONA.com and numbersusa.com and check out their arguments that they use to oppose H1b and EB-greencards. You are saying the same thing and feeding into those arguments by using the word "Slavery".
And by the way, regarding public opinion, remember that immigration(legal or illegal) is issue number 5 or 6 after economy, healthcare, Iraq, security, deficits etc. etc.
Public opinion is not going to care about 350,000 H1bs in line for GC. But still, getting overall media attention is good for our cause and I urge you to write letters to the editors of NYT, LA times, Time mag, Newsweek. etc etc. like you suggested. But there is not POINT IN BEING RHETORICAL or SARCASTIC.
--logiclife.
And by the way, regarding public opinion, remember that immigration(legal or illegal) is issue number 5 or 6 after economy, healthcare, Iraq, security, deficits etc. etc.
Public opinion is not going to care about 350,000 H1bs in line for GC. But still, getting overall media attention is good for our cause and I urge you to write letters to the editors of NYT, LA times, Time mag, Newsweek. etc etc. like you suggested. But there is not POINT IN BEING RHETORICAL or SARCASTIC.
--logiclife.
perm2gc
02-05 06:44 PM
Hi,
I am a doctor from India and came to US on B1/B2 visa. I have cleared my Step1 and step2 USMLE and preparing for CS Exam. I am looking for a observership or externship oppertunity.
I applied and called a lot of places but no luck because of my visa situation. Please let me know if anyone here knows of any hospitals offering observerships for IMGs.
Thanks
The Best Place is USMLE forums or your own network.
good luck
I am a doctor from India and came to US on B1/B2 visa. I have cleared my Step1 and step2 USMLE and preparing for CS Exam. I am looking for a observership or externship oppertunity.
I applied and called a lot of places but no luck because of my visa situation. Please let me know if anyone here knows of any hospitals offering observerships for IMGs.
Thanks
The Best Place is USMLE forums or your own network.
good luck
more...
sbmallik
07-02 11:28 AM
Since this is not the first H-1 you have the option to stamp the visa in Canada / Mexico. However, these consulates cannot evaluate the educational credentials unless they are from that country or USA. Please carry educational evaluations with you. Moreover your valid AP will be a handy backup.
2010 charlie chaplin hitler
ARUNRAMANATHAN
05-22 08:41 PM
If we have a new Merit based system introduced
Does this mean that No more PERM and i-140 ?
Just the Merit Based System and Port PD to that system ?
Hmmm then people like me and others who are in the 8 th yr ext can renew the Visa....
I am in the same situvation have to change firm ...from A to B with approved 140 from A.
BS ...This is quite frustrating; you move in due to economical reasons ... wait wait to get the so called green card during that time you bite to fingers for to maintain the status from the blood suckers .... now these so called law makers who say you were supposed to work for 6 yrs now go back ...seriously I wish I had more powers than I have now ! Sorry guys to express my frsutrations ! !
Arun
Does this mean that No more PERM and i-140 ?
Just the Merit Based System and Port PD to that system ?
Hmmm then people like me and others who are in the 8 th yr ext can renew the Visa....
I am in the same situvation have to change firm ...from A to B with approved 140 from A.
BS ...This is quite frustrating; you move in due to economical reasons ... wait wait to get the so called green card during that time you bite to fingers for to maintain the status from the blood suckers .... now these so called law makers who say you were supposed to work for 6 yrs now go back ...seriously I wish I had more powers than I have now ! Sorry guys to express my frsutrations ! !
Arun
more...
dixie
09-17 11:29 AM
What you say is true, but then we do not represent all legal immigrants either .. we are specifically focussed on employment-based permanent residence applicants. We do not want to associate ourselves with family immigration or H1-B visas any more than illegal immigration. Unfortunately, even when ordinary americans think of legal immigration, it is these varieties that spring to the mind. Given the difficulty we already have in getting adequate coverage, changing names mid-stream might cause confusion.
I am not starting this thread to start get any offensive resposnes. I feel that we need to distinguish ourselves from the illegal people and make the American public aware of our issue. How many will understand our current situation by hearing our name? I understand that name change is not a simple process for an org and might involve some paperwork. The website redirection shouldnt be a big deal though. This is not the need of the hour as the core group might be busy working with QGA.
No offence intended, no flames expected :)
I am not starting this thread to start get any offensive resposnes. I feel that we need to distinguish ourselves from the illegal people and make the American public aware of our issue. How many will understand our current situation by hearing our name? I understand that name change is not a simple process for an org and might involve some paperwork. The website redirection shouldnt be a big deal though. This is not the need of the hour as the core group might be busy working with QGA.
No offence intended, no flames expected :)
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mhb
05-31 01:11 PM
doing it right now...
more...
amitjoey
02-12 01:02 PM
Signed the petition
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syedajmal
10-25 01:04 PM
From the above posts you can defintely use the priority date once I-140 is approved and move on.
My Question is can you start a new application under PERM with the same company, use the experience gained in the current company to apply under EB2, and use the locked priority date.
Hope I make sense. I have been with my current company for more than 5 years and used the EB3 category and have no intention of leaving etc, but if I were to reapply and use the old priority dates, my dates would be current.
Thanks in advance for your comments.:)
My Question is can you start a new application under PERM with the same company, use the experience gained in the current company to apply under EB2, and use the locked priority date.
Hope I make sense. I have been with my current company for more than 5 years and used the EB3 category and have no intention of leaving etc, but if I were to reapply and use the old priority dates, my dates would be current.
Thanks in advance for your comments.:)
more...
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bobbydalal
08-24 11:49 AM
Hi there read ur post so u got an interview even when ur priority date is no where current . M i understanding u rite.
tattoo Charlie Chaplin: While it
gotgc?
09-16 06:13 PM
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
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
more...
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aniltatikonda
02-08 05:00 PM
So there is chance of getting RFE if your application got picked from both the employers... which is very unlikely however.
Dont know which way to GO however??
Dont know which way to GO however??
dresses Charlie Chaplin
kshitijnt
10-07 02:50 PM
So, you can keep driving in Maryland with your Ohio license as long as it's valid but you cannot get a Maryland drivers license because of some stupid notes written on the Ohio license?
This is really frustrating to see how some states target (segregate?) the legal immigrants.
Until someone sues nothing is going to happen. Most americans are scared of only one thing, lawsuit.
This is really frustrating to see how some states target (segregate?) the legal immigrants.
Until someone sues nothing is going to happen. Most americans are scared of only one thing, lawsuit.
more...
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naushit
01-13 09:22 AM
I was in exactly same situation last October. I dont believe there is any foolproof method. I tried everything
- opened SR
- inquiry to AILA.
- obmudusman office.
- Inquiry thu Senator's office.
finally I got my GC in Oct 2009 , I believe Senator's office clicked, my local Senator's office was very responsive and very quick.
Good Luck.
-N
Hello friends,
This may sound silly but I could really use some help here. My case has been current for a while now and its not been approved yet. Calling USCIS is no use since the Cust Serv Rep literally tell you the exact same words that are in the online status. I've been doing Infopass every week now for the past month. Last week they said that the case has been assigned to an officer. I'm going to Mumbai on Feb 3rd and was hoping that my case would be processed before then. Any ideas to get that file picked up by the officer?
Thanks in advance
- opened SR
- inquiry to AILA.
- obmudusman office.
- Inquiry thu Senator's office.
finally I got my GC in Oct 2009 , I believe Senator's office clicked, my local Senator's office was very responsive and very quick.
Good Luck.
-N
Hello friends,
This may sound silly but I could really use some help here. My case has been current for a while now and its not been approved yet. Calling USCIS is no use since the Cust Serv Rep literally tell you the exact same words that are in the online status. I've been doing Infopass every week now for the past month. Last week they said that the case has been assigned to an officer. I'm going to Mumbai on Feb 3rd and was hoping that my case would be processed before then. Any ideas to get that file picked up by the officer?
Thanks in advance
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chil3
08-24 12:40 PM
yes my date is eb3 jan 2007...I think this is part of the whole pre approval thing
I work for University since 2002 with very straightforward case hence suprised
ok..here is part 2.
Employer was able to speak to USICIS officer. He asked
whethere
1) I was contractor
2) from when I was employed
3) Work timings
4) exact office Location
my supervisor asked why all these questions about location and timing they said they will do a site visit
I feel if my app can trigger this than any other app could...
The USICs is just getting crazy with all the bueracacy crap
USCIS is not getting crazy ....It's preplanned well defined strategy to kick out immigrants ...first they choked the system so that everyone is stuck and now picking more & more people in the name of verification
I work for University since 2002 with very straightforward case hence suprised
ok..here is part 2.
Employer was able to speak to USICIS officer. He asked
whethere
1) I was contractor
2) from when I was employed
3) Work timings
4) exact office Location
my supervisor asked why all these questions about location and timing they said they will do a site visit
I feel if my app can trigger this than any other app could...
The USICs is just getting crazy with all the bueracacy crap
USCIS is not getting crazy ....It's preplanned well defined strategy to kick out immigrants ...first they choked the system so that everyone is stuck and now picking more & more people in the name of verification
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san3297
09-02 09:17 AM
I went to border and security deffered inspection site at Raliegh NC from this url
http://www.cbp.gov/linkhandler/cgov/toolbox/contacts/deferred_inspection/deferred_inspection_sites.ctt/deferred_inspection_sites.pdf.
The Immigration Officer said to me I 94 can be given only till visa date.He said that you can stay as long as you want in US as you have 797 valid after your H1 stamp date.He said everything is fine not to worry.What shall i do now? I am confused.Can some one point me to site or link on USCIS which states this law.Can some attorneys point this link.
http://www.cbp.gov/linkhandler/cgov/toolbox/contacts/deferred_inspection/deferred_inspection_sites.ctt/deferred_inspection_sites.pdf.
The Immigration Officer said to me I 94 can be given only till visa date.He said that you can stay as long as you want in US as you have 797 valid after your H1 stamp date.He said everything is fine not to worry.What shall i do now? I am confused.Can some one point me to site or link on USCIS which states this law.Can some attorneys point this link.
vijse
12-19 08:42 PM
For the sake of others who may search this forum in future, could you tell how you got it corrected? Thanks!
I went to a CPB defferred inspection site which was the one closest to where I live ,with my pasasport ,I-94 and my H1 petition . So the officer clearly saw it was an error and gave me a new I-94 .
I went to a CPB defferred inspection site which was the one closest to where I live ,with my pasasport ,I-94 and my H1 petition . So the officer clearly saw it was an error and gave me a new I-94 .
satishku_2000
08-01 06:02 PM
NSC gets all the USPS mail only once in AM.Other carriers like fedex,UPS etc, I have seen receipt times until 3PM. may be they accept later too, but I have not seen it in these forum or elsewhere.
I know this for a fact because,my AOS sent on september 30,2005,(last day when PD was current for my country) reached at 17.59,by FedExsameday ($335.00! went waste) but they picked it up only on 10/3/05 the next working day.USCIS sent back my 485,but processed I140.
Tried sending it back with fedex tracking, congressmans letter,Tried thru Ombudsman, to no avail.They did not accept my proof of earlier INS notice of accepting Postmark of 4/30/2001 or earlier, for 245(i) petition for illegals.
So they will bend their rule for illegals, but don't for legals!
I wish they will consider post mark for you.You can never predict anything from USCIS,there is no rhyme or reason for whatever they do.
Will they issue NOID so that I can try in either MTR or AAO process. What are the chances of sucess in MTR with a letter from FEDEX?
I know this for a fact because,my AOS sent on september 30,2005,(last day when PD was current for my country) reached at 17.59,by FedExsameday ($335.00! went waste) but they picked it up only on 10/3/05 the next working day.USCIS sent back my 485,but processed I140.
Tried sending it back with fedex tracking, congressmans letter,Tried thru Ombudsman, to no avail.They did not accept my proof of earlier INS notice of accepting Postmark of 4/30/2001 or earlier, for 245(i) petition for illegals.
So they will bend their rule for illegals, but don't for legals!
I wish they will consider post mark for you.You can never predict anything from USCIS,there is no rhyme or reason for whatever they do.
Will they issue NOID so that I can try in either MTR or AAO process. What are the chances of sucess in MTR with a letter from FEDEX?
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