mayhemt
06-02 06:42 PM
Shouldnt the title include petitions filed by one particular law firm:
'Fragomen, Del Rey, Bernsen & Loewy LLP' ??
(its a little misleading & intimidating to know 'ALL' applications)
'Fragomen, Del Rey, Bernsen & Loewy LLP' ??
(its a little misleading & intimidating to know 'ALL' applications)
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setpit_gc
08-13 04:15 PM
643 people viewed this so far but only 2 responded.
Please I need more views before I make decision
Please I need more views before I make decision
rolrblade
02-28 07:28 AM
what is your PD, catagory and country please?
What does his PD, category and country have to do with anything in his question?
Anyways, what I believe is happening is USCIS wants to make sure of your continued legal status in the country and also to make sure that there are no SIGNIFICANT gaps in status.
Haing said that I believe that your attorney is correct, in that if you filed extension before expiry of the H1 you should be fine. The Pearsons memo also states "a reasonable time" for you to find another job, so your 20 days should be just fine.
Just make sure your attroney writes a good response back and not just sends the I-797's.
What does his PD, category and country have to do with anything in his question?
Anyways, what I believe is happening is USCIS wants to make sure of your continued legal status in the country and also to make sure that there are no SIGNIFICANT gaps in status.
Haing said that I believe that your attorney is correct, in that if you filed extension before expiry of the H1 you should be fine. The Pearsons memo also states "a reasonable time" for you to find another job, so your 20 days should be just fine.
Just make sure your attroney writes a good response back and not just sends the I-797's.
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jungalee43
03-16 09:55 AM
Thank you very much for your post. I am in identical situation and planning to use AP to travel to India. Your post gives me some confidence to travel.
I just entered US using AP, and i am not working for my GC sponsored employer. POE is SFO, I had no issues. I will update this post with all the details tomorrow (since i am very tired after travelling). But just thought I will post this thread to let know that you may not have any issues if you dont work for the GC sponsored employer and enter using AP.
Update to my post:
Yesterday I entered US (POE = SFO) , all 3 in the family using AP. We also have one US citizen child. Used the visitors line. First level officer stamped the US citizen passport and gave it and told all 3 of us to go to the secondary. No other questions was asked.
Went to a seperate room for secondary. There were around 15 people. We placed our passports in the holder there. 3 officers were there calling each one and asking them some questions. I was very much worried abt the much dreaded question - "are you working for the same company that sponsored ur GC". But to our greatest surprise, the officer checked everything in his computer, took one of the given 3 APs, put a parole stamp until one year from yesterday and gave us back 2 copies each. We were not even called to the counter. The officer did this and bought all the passports back to the seats where we were waiting. and he told us we are all set and said "Welcome back".. We believe that they did not call us because, we had a child with us. Thats it..so no issues. So dont worry folks, i hope and pray everyone should be ok for those who use AP.
I just entered US using AP, and i am not working for my GC sponsored employer. POE is SFO, I had no issues. I will update this post with all the details tomorrow (since i am very tired after travelling). But just thought I will post this thread to let know that you may not have any issues if you dont work for the GC sponsored employer and enter using AP.
Update to my post:
Yesterday I entered US (POE = SFO) , all 3 in the family using AP. We also have one US citizen child. Used the visitors line. First level officer stamped the US citizen passport and gave it and told all 3 of us to go to the secondary. No other questions was asked.
Went to a seperate room for secondary. There were around 15 people. We placed our passports in the holder there. 3 officers were there calling each one and asking them some questions. I was very much worried abt the much dreaded question - "are you working for the same company that sponsored ur GC". But to our greatest surprise, the officer checked everything in his computer, took one of the given 3 APs, put a parole stamp until one year from yesterday and gave us back 2 copies each. We were not even called to the counter. The officer did this and bought all the passports back to the seats where we were waiting. and he told us we are all set and said "Welcome back".. We believe that they did not call us because, we had a child with us. Thats it..so no issues. So dont worry folks, i hope and pray everyone should be ok for those who use AP.
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garybanz
03-09 11:35 AM
thanks all for suggestions
His company is filing for LCA today and will see where it takes
It's probably going to be too little too late to just file an LCA now.
I am not sure why people like your brother don't get in touch with top attorneys (Murthy/Khanna etc) and get their case back on track, depending on employers to handle such complications is very risky and not necessarily in the best interest of the employee.
His company is filing for LCA today and will see where it takes
It's probably going to be too little too late to just file an LCA now.
I am not sure why people like your brother don't get in touch with top attorneys (Murthy/Khanna etc) and get their case back on track, depending on employers to handle such complications is very risky and not necessarily in the best interest of the employee.
GCVivek
04-10 01:18 AM
Almost all visitors from most countries need to appear for visa interview before coming to the US. As for the question about the student niece, there are more formalities. DS-160 is the least of them. School must approve and issue a SEVIS form, you have to show lots of documentation to show you can financially support the student or she has funds. I know because I have my niece here who i have sponsored but she is in community college. I suspect for 8th grade to be even more strict. Check with US consulate for requirements of interview in your home country.
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FinalGC
10-24 11:19 AM
I had applied for a ITIN for my parents about 4 years ago and I was able to claim them as dependents since they stayed in US for more than 90 days and additionally I was supporting their welfare and expenses. IRS did accept my application, but I can do this only in the year they are physically here.
Check Pub 501 page 14 onwards....the key is you need an ITIN # for them....also see page 19, where it says non-resident parents can apply for ITIN, if not eligible for SSN
I have couple of friends who have claimed like this....
if this is the first time you are applying, then you will need to file a paper copy of your taxes and send to IRS Phily and then they will process your taxes for next year....
Check Pub 501 page 14 onwards....the key is you need an ITIN # for them....also see page 19, where it says non-resident parents can apply for ITIN, if not eligible for SSN
I have couple of friends who have claimed like this....
if this is the first time you are applying, then you will need to file a paper copy of your taxes and send to IRS Phily and then they will process your taxes for next year....
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divakarr
09-05 08:16 AM
same here. file AP in August and got receipt. I-485 filed on July 2 and no receipt so far. called USCIS and could not find receipt number for 485.
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dkupadhyay
11-23 12:59 PM
Hi,
I am from India. My previous attorney paper filed my I-140 in Nov. 2006. My new attorney filed I-485 in July 2007. My new attorney has received only the copy of I-140 application and receipt from the previous attorney.
In late 2008, with the help of a congressman, my new attorney was able to figure out that USCIS has lost my original I-140 application (filed at Nebraska center) and USCIS has issued the same I-140 receipt no. to somebody else. Then USCIS auto-created a new I-140 and gave me SRC receipt no. with filing date as Jan 2008 and as electronically filed by my previous attorney.
The new I-140 (SRC one) got approved in March 2009.
Got RFE in August 2009 for my I-485 application asking for the approval notice of my original I-140. My new attorney responded with all the history and the new I-140 approval notice.
Now I have received NOID for my I-485 threatening that if I don't submit the original receipt for the original I-140 then USCIS will deny my application. The USCIS is saying that auto-created I-140 has been filed more than 6 months later than filing I-485 case and can't be the base for filing I-485.
The previous attorney has not provided the original receipt of the original I-140 application and is not reachable via any means (doesn't respond to e-mail or phone calls. Office remains locked whenever I tried to visit him). So getting the original receipt from him is almost impossible. USCIS is not happy with the copy of the receipt.
Right now I don't have any proof (other than copy of the receipt of the original I-140 filing) to support that my I-140 was filed before I-485 filing.
What should I do in this case? Any suggestion will be appreciated.
I am from India. My previous attorney paper filed my I-140 in Nov. 2006. My new attorney filed I-485 in July 2007. My new attorney has received only the copy of I-140 application and receipt from the previous attorney.
In late 2008, with the help of a congressman, my new attorney was able to figure out that USCIS has lost my original I-140 application (filed at Nebraska center) and USCIS has issued the same I-140 receipt no. to somebody else. Then USCIS auto-created a new I-140 and gave me SRC receipt no. with filing date as Jan 2008 and as electronically filed by my previous attorney.
The new I-140 (SRC one) got approved in March 2009.
Got RFE in August 2009 for my I-485 application asking for the approval notice of my original I-140. My new attorney responded with all the history and the new I-140 approval notice.
Now I have received NOID for my I-485 threatening that if I don't submit the original receipt for the original I-140 then USCIS will deny my application. The USCIS is saying that auto-created I-140 has been filed more than 6 months later than filing I-485 case and can't be the base for filing I-485.
The previous attorney has not provided the original receipt of the original I-140 application and is not reachable via any means (doesn't respond to e-mail or phone calls. Office remains locked whenever I tried to visit him). So getting the original receipt from him is almost impossible. USCIS is not happy with the copy of the receipt.
Right now I don't have any proof (other than copy of the receipt of the original I-140 filing) to support that my I-140 was filed before I-485 filing.
What should I do in this case? Any suggestion will be appreciated.
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eb3retro
03-16 10:17 AM
Thank you very much for your post. I am in identical situation and planning to use AP to travel to India. Your post gives me some confidence to travel.
you are welcome jungalee..dont worry, you will be very fine.
you are welcome jungalee..dont worry, you will be very fine.
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anilkumar0902
11-01 12:05 AM
PVGanesh,
Yes, affidavits or letter on employer letterheads from your colleagues about your progressive experience should suffice.For EB2 you need to prove that you have Masters or Bachelors with five years of progressive experience.
Good luck.
Cheers
Yes, affidavits or letter on employer letterheads from your colleagues about your progressive experience should suffice.For EB2 you need to prove that you have Masters or Bachelors with five years of progressive experience.
Good luck.
Cheers
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jonty_11
01-18 12:53 PM
yes, everything is possible with USCIS but not at I-485 stage!! You can't say at I-485 why can't you hire americans?? They have to give different reason for denial.
and trust me they will find one....
BTW - Canadian Dollar is doing better that USD...!!!!
and trust me they will find one....
BTW - Canadian Dollar is doing better that USD...!!!!
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devamanohar
07-09 08:34 PM
My application reached at 11:34 am on July 2.
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chanduv23
11-13 09:48 PM
Expose these fradulent employers who have no basic ethics
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designserve
02-22 02:25 PM
IRS holds records for 3 years after which tracing back is not possible.Pray!!!
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01-26 05:33 AM
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vgayalu
06-19 09:53 PM
I have EB2 i-140 approved with PD Dec. 05. I am planning to change the employer.. was just waiting to see if CIR gonna help.. but looks like its not. If I change job now, I will have to do labor, i140 once again!! might be able to maintain PD. .. my question is... I believe that in Octo. 06, new quota for GC will be available. What are the guesses that the PD will become current (at least for Eb2 India) in Octo 06?? Some educated guesses are highly appreciated.
I wish same. But it is 200% not possible. We are getting lot of Labour approvals from BEC's . If P.D dates stays as 2003 Jan it is great.
I think there is much possibility for more retrogression. It may go back upto 2002 Jan for EB2 also.
vgayalu
I wish same. But it is 200% not possible. We are getting lot of Labour approvals from BEC's . If P.D dates stays as 2003 Jan it is great.
I think there is much possibility for more retrogression. It may go back upto 2002 Jan for EB2 also.
vgayalu
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jsb
05-27 01:02 PM
this is final stage of processing, get ready for GC stamp on passport.
Good luck.
I don't think you need a stamp on your passport? GC comes as a plastic card by mail. No more stampings !!
Good luck.
I don't think you need a stamp on your passport? GC comes as a plastic card by mail. No more stampings !!
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uskiwi
05-19 11:28 AM
Can you then apply for the new H1B durng the 12 month stand down period or you have to wiat the 12 months before applying for one?
surabhi
07-15 12:52 PM
I have used AC21 to change jobs
I have a closing statement from my previous employer mentioning the exercisable options.
Here it goes:
Exercisable Options
Price $30
grant date 1/10/2007
Shares exercisable 400
total price =12000
Last date to exercise
7/20/2008
However the market share value for the company now is 26.00
now my question is if I were to exercise before the last date will I be getting the total amount of $12000 or 26 x 400 = $10400 or the difference between the share values which is infact negative or nothing?
I find it difficult understand this financial terms. I dont understand clearly the term 'Exercisable options' Is there a hidden treasure am going to get?????
You will want to exercise your option only if the stock price on the date of sale > strike price (30$).
Whenever you sell, any amount > 30$ is your money, else the options are under water and useless
I have a closing statement from my previous employer mentioning the exercisable options.
Here it goes:
Exercisable Options
Price $30
grant date 1/10/2007
Shares exercisable 400
total price =12000
Last date to exercise
7/20/2008
However the market share value for the company now is 26.00
now my question is if I were to exercise before the last date will I be getting the total amount of $12000 or 26 x 400 = $10400 or the difference between the share values which is infact negative or nothing?
I find it difficult understand this financial terms. I dont understand clearly the term 'Exercisable options' Is there a hidden treasure am going to get?????
You will want to exercise your option only if the stock price on the date of sale > strike price (30$).
Whenever you sell, any amount > 30$ is your money, else the options are under water and useless
sundevil
07-11 02:52 PM
Now if only people can understand what he is saying:cool:
Seriously though, it might be a good force to have. Even if his immigration view are not exactly aligned, he could consider this because all the Businesses that would benefit from this, especially in CA.
Let's discuss ways to communicate with the Governor and to make him aware of our situation. I am going to do some research on his views on immigration but I think it might be good.
As Schwarzenegger has said multiple times:
"I think the most important thing to note is I am a champion of immigrants. I promote immigration. I am an immigrant myself. I think it's extremely important that we do it in a legal way."
�Polls Push Governor to the Border�, LA Times, April 30, 2005
Seriously though, it might be a good force to have. Even if his immigration view are not exactly aligned, he could consider this because all the Businesses that would benefit from this, especially in CA.
Let's discuss ways to communicate with the Governor and to make him aware of our situation. I am going to do some research on his views on immigration but I think it might be good.
As Schwarzenegger has said multiple times:
"I think the most important thing to note is I am a champion of immigrants. I promote immigration. I am an immigrant myself. I think it's extremely important that we do it in a legal way."
�Polls Push Governor to the Border�, LA Times, April 30, 2005
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