guesswho
03-13 04:58 PM
Why is your lawyer is advising that? If you are maintaining H1/H4 status, you can absolutely go to India, get ur H1/H4 stamped and come back. I did that in Jan 2008 (my I-485 was pending and I had not applied for AP/EAD at that time. The consulate knew I had a pending I-485 application as I indicated that on the visa form), got my visa stamped and came back on H1B.
The drawbacks I can think of -
- ur H1 is delayed pending any kind of checks, then you don't have ur AP to rely on.
- I don't know how it will affect your pending AP application.
HI fellow members..
I duly filed for AP along with my my 485 in OCT 2007. They messed up the photos on the AP. They put my wife's photo on mine and vice versa. We asked for a correction and they interchanged the case nos on the AP issued.
So after 2 years they still have not given me a valid AP document. I refiled again last week.
I have to attend my sisters wedding in June this year. We are still maintaining our H1/H4 status. My H1 is valid till 2011.
Is it ok to leave the country without an AP and re-enter on H1.? I will have to apply for H1visa at the chennai consulate.
My lawyer advises me not to go without an AP. Not going is not an option for me. Has anyone here re-entered in H1 visa after stamping whiel their I485 is pending.
Im so tired of this immigration game. 0 Accountability. ..they told my lawyer they will not issue a correction to the wrong AP issued since it has already been approved till 2010 and I will have wait till 2010 to re-apply for correct AP and I cannot travel outside till 2010..do these people understand what they are doing ??
Pls take a moment to reply
The drawbacks I can think of -
- ur H1 is delayed pending any kind of checks, then you don't have ur AP to rely on.
- I don't know how it will affect your pending AP application.
HI fellow members..
I duly filed for AP along with my my 485 in OCT 2007. They messed up the photos on the AP. They put my wife's photo on mine and vice versa. We asked for a correction and they interchanged the case nos on the AP issued.
So after 2 years they still have not given me a valid AP document. I refiled again last week.
I have to attend my sisters wedding in June this year. We are still maintaining our H1/H4 status. My H1 is valid till 2011.
Is it ok to leave the country without an AP and re-enter on H1.? I will have to apply for H1visa at the chennai consulate.
My lawyer advises me not to go without an AP. Not going is not an option for me. Has anyone here re-entered in H1 visa after stamping whiel their I485 is pending.
Im so tired of this immigration game. 0 Accountability. ..they told my lawyer they will not issue a correction to the wrong AP issued since it has already been approved till 2010 and I will have wait till 2010 to re-apply for correct AP and I cannot travel outside till 2010..do these people understand what they are doing ??
Pls take a moment to reply
Berkeleybee
03-07 06:58 PM
Tagging members who paid so far and who has not is a start for the membership drive. Once we cover the registered members and encourage them to contribute, then we can move on to our friends and companies.
Excellent -- have you got in touch with Jay to help him, or are these just sitting on the sidelines suggestions?
Excellent -- have you got in touch with Jay to help him, or are these just sitting on the sidelines suggestions?
snhn
10-23 05:09 PM
Hello all,
is it normal for someone to get their EAD approved before the AP. I just got my EAD approved yesterday and my wife got hers approved today. However, out AP applications are not approved yet.
I have some co workers who got their EAD and AP approved on the same day.
so just wondering if there could be something wrong or is this normal.
Our cases are in Texas.
Thanks!
is it normal for someone to get their EAD approved before the AP. I just got my EAD approved yesterday and my wife got hers approved today. However, out AP applications are not approved yet.
I have some co workers who got their EAD and AP approved on the same day.
so just wondering if there could be something wrong or is this normal.
Our cases are in Texas.
Thanks!
anuh1
03-25 03:02 PM
You need to go before filing labor in order to be eligible for one year extension.
more...
anuh1
03-25 01:53 PM
Yes you can recapture. Most of the people do the same way if they dont have enough time.
setpit_gc
08-13 01:58 PM
My 485 was approved last week. Current status is Post Decison Activity. I've received Welcome Notice few days back.
It seems like USCIS automatically ported the PD.
My EB3 PD is April 2003 and working for the sponsored company.
I filed another 140 under EB2 through another company and it got approved 3 years back. I never joined in that company. I didn't port my EB3 PD when the EB2 140 was filed.
As a matter of fact, I completely forgot about this EB2 140 and this company.
All of a sudden, last week my 485 was approved with the EB2 PD which is Jan 2006.
I guess USCIS ported EB3-EB2 automatically. Is it normal?. What should I do?.
Please advice.
It seems like USCIS automatically ported the PD.
My EB3 PD is April 2003 and working for the sponsored company.
I filed another 140 under EB2 through another company and it got approved 3 years back. I never joined in that company. I didn't port my EB3 PD when the EB2 140 was filed.
As a matter of fact, I completely forgot about this EB2 140 and this company.
All of a sudden, last week my 485 was approved with the EB2 PD which is Jan 2006.
I guess USCIS ported EB3-EB2 automatically. Is it normal?. What should I do?.
Please advice.
more...
sunny1000
12-18 10:32 PM
you know what...we should probably use the LCA weapon to our advantage to counter their arguement...Thanks Mallu for bringing that up...why didn't I think of that?:eek:
will they join hands with us ..:rolleyes:
will they join hands with us ..:rolleyes:
Sushie
08-17 02:46 PM
Thanks Kondur_007,
I thought the same about the officer . Now , am in the second category..Have an H1 but my i94 is on H4 stamping ..I hold an Indian passport , do you know if i should get the H1 stamping (first time stamping) in India or can i conveniently get it done in Canada?
I thought the same about the officer . Now , am in the second category..Have an H1 but my i94 is on H4 stamping ..I hold an Indian passport , do you know if i should get the H1 stamping (first time stamping) in India or can i conveniently get it done in Canada?
more...
pappu
01-30 02:47 PM
Please update your profiles and help us make this tracker popular. Here are some tutorials to help you get started
Getting Started: http://www.youtube.com/watch?v=L9mE1L5HWm8&fmt=18
Basics: http://www.youtube.com/watch?v=PFDccTmrMfY&fmt=18
Finding and Filtering: http://www.youtube.com/watch?v=vf_1yqAGZYs&fmt=18
FAQs:http://immigrationvoice.org/wiki/index.php/IV_TRACKER
We urge everyone to input correct profile details so that we can help each other. Please also politely nudge each other to enter correct profile details when you see an incorrect data. We need the analysis as charts and graphs of this data for a presentation we will do to lawmakers for recapture bill this year and any possible admin fixes.
Correct data will also help everyone track cases better on IV tracker.
Let us all help in this effort.
Getting Started: http://www.youtube.com/watch?v=L9mE1L5HWm8&fmt=18
Basics: http://www.youtube.com/watch?v=PFDccTmrMfY&fmt=18
Finding and Filtering: http://www.youtube.com/watch?v=vf_1yqAGZYs&fmt=18
FAQs:http://immigrationvoice.org/wiki/index.php/IV_TRACKER
We urge everyone to input correct profile details so that we can help each other. Please also politely nudge each other to enter correct profile details when you see an incorrect data. We need the analysis as charts and graphs of this data for a presentation we will do to lawmakers for recapture bill this year and any possible admin fixes.
Correct data will also help everyone track cases better on IV tracker.
Let us all help in this effort.
fatjoe
10-23 03:50 PM
My friends who filed on Aug 6, Aug 8, and Aug 13 their EAD in one week gap.
more...
kinvin
03-17 10:21 AM
Jay,
You did a great job of the drive and many thanks to you!.
"Help me Help you!"
You did a great job of the drive and many thanks to you!.
"Help me Help you!"
apb
09-07 06:38 PM
Scene at Consulate
IO:--> Dear applicant, You can apply for a long process to getting your PR/GC and here are the deals. Apply with high fees. Get RFE answered within limited time frame or loose. Wait for labor (go through labor pain..:-) ), do not get/expect promotion, Oh ya get your well educated spouse, Make them sit at home, make them feel unproductive, pay all your taxes, pay your social security BUT do not expect anything back, In the process if your kids age out separate them from you (send them back), If you wish to study pay highest fees, if you get promoted stand in queue again, pay frequent medical fees, AP, EAD fees, and yes YOU can always TRACK RNs for them. You can whine, post your opinions, when we change policies on the fly and create more hardships even if you have stayed here for more than 6 years, you can call up our customer service, be imaginative and get to level 2 and still get yelled at, asked to wait for 90 days (std reply), etc, but you can always go to good forum like IV and instead of working on your cause, create confusion, DEMAND action, not contribute....etc.
H1B applicant:--> SO WHAT IS THE CATCH.
IO:--> YOU THA MAN. Welcome to USA. Land of the free home of the brave. But for you there will be no freedom and for your type..stay in fear.
---------------------
Hope one more catch the vision of IV
IO:--> Dear applicant, You can apply for a long process to getting your PR/GC and here are the deals. Apply with high fees. Get RFE answered within limited time frame or loose. Wait for labor (go through labor pain..:-) ), do not get/expect promotion, Oh ya get your well educated spouse, Make them sit at home, make them feel unproductive, pay all your taxes, pay your social security BUT do not expect anything back, In the process if your kids age out separate them from you (send them back), If you wish to study pay highest fees, if you get promoted stand in queue again, pay frequent medical fees, AP, EAD fees, and yes YOU can always TRACK RNs for them. You can whine, post your opinions, when we change policies on the fly and create more hardships even if you have stayed here for more than 6 years, you can call up our customer service, be imaginative and get to level 2 and still get yelled at, asked to wait for 90 days (std reply), etc, but you can always go to good forum like IV and instead of working on your cause, create confusion, DEMAND action, not contribute....etc.
H1B applicant:--> SO WHAT IS THE CATCH.
IO:--> YOU THA MAN. Welcome to USA. Land of the free home of the brave. But for you there will be no freedom and for your type..stay in fear.
---------------------
Hope one more catch the vision of IV
more...
vikki76
05-24 02:50 PM
Interesting you brought this up. I am alumni of RPI and take great interest in current college activities.Read this in their this month's alumni magazine
"For several years President Shirley Ann Jackson has been warning of a looming gap in the science and engineering workforce,driver primarily by three factors.Those who responded to President John F Kennedy's historic call to action following launch of the Sputnik satellite and became the scientists and engineers whose work has fueled the US economy for a generation are on the verge of of retiring numbers.
As a nation of immigrants,the United States has relied on students,professors,and researchers who came from abroad to study and remain ,but in a "flattening" world offering expanding opportunities,their numbers are decreasing.In addition,not enough young people in this country are being excited and prepared to pursue careers in science and engineering.
These factors,in combination with the decreasing federal commitment to funding basic research,are what President Jackson describes as "quiet crisis"
"It is quiet because it takes decades to educate a scientist,mathematician, or an engineer,so the true impact unfolds only gradually,over time", says President Jackson.
"It is a crisis because the discoveries and innovations of our science and engineering workforce create the new opportunities and industries which keep our economy thriving,provide for our security, and mitigate the global scourges that breed suffereing and global instability."
Disclaimer: RPI has vested interest in fueling growth in undergraduate technical program. It is a very small private college,focussed exclusively on engineering and science programs.There are no arts or history major offered.
"For several years President Shirley Ann Jackson has been warning of a looming gap in the science and engineering workforce,driver primarily by three factors.Those who responded to President John F Kennedy's historic call to action following launch of the Sputnik satellite and became the scientists and engineers whose work has fueled the US economy for a generation are on the verge of of retiring numbers.
As a nation of immigrants,the United States has relied on students,professors,and researchers who came from abroad to study and remain ,but in a "flattening" world offering expanding opportunities,their numbers are decreasing.In addition,not enough young people in this country are being excited and prepared to pursue careers in science and engineering.
These factors,in combination with the decreasing federal commitment to funding basic research,are what President Jackson describes as "quiet crisis"
"It is quiet because it takes decades to educate a scientist,mathematician, or an engineer,so the true impact unfolds only gradually,over time", says President Jackson.
"It is a crisis because the discoveries and innovations of our science and engineering workforce create the new opportunities and industries which keep our economy thriving,provide for our security, and mitigate the global scourges that breed suffereing and global instability."
Disclaimer: RPI has vested interest in fueling growth in undergraduate technical program. It is a very small private college,focussed exclusively on engineering and science programs.There are no arts or history major offered.
abhijitp
08-02 04:42 PM
EB-1s for Indians and Chinese are also expected to be current. For EB-2, India is expected to have a cut off date of January 8, 2003 and for China the cut off date will be April 22, 2005.
For EB-3, according to Jan, the worldwide cut off date will be August 1, 2002, India will be May 8, 2001 and China will be April 22, 2005.
Jan also reports that 18,000 EB-3 for Indians have been processed in this fiscal year with 8,000 of those cases approved in June and 7,000 in July. By the way, the annual EB-3 limit for Indians is 2,800 so go figure.
Also, approximately 40,000 cases were received at the Texas Service Center on July 2nd and 35,000 were received in Nebraska.
One final amazing fact that Jan has learned - USCIS requested 66,600 (666!) visa numbers from the beginning of the fiscal year through the end of May and 66,800 numbers in June and July.
Why is this good news? Jan 8, 2003 and May 8, 2001 are not good news to me at least.
For EB-3, according to Jan, the worldwide cut off date will be August 1, 2002, India will be May 8, 2001 and China will be April 22, 2005.
Jan also reports that 18,000 EB-3 for Indians have been processed in this fiscal year with 8,000 of those cases approved in June and 7,000 in July. By the way, the annual EB-3 limit for Indians is 2,800 so go figure.
Also, approximately 40,000 cases were received at the Texas Service Center on July 2nd and 35,000 were received in Nebraska.
One final amazing fact that Jan has learned - USCIS requested 66,600 (666!) visa numbers from the beginning of the fiscal year through the end of May and 66,800 numbers in June and July.
Why is this good news? Jan 8, 2003 and May 8, 2001 are not good news to me at least.
more...
jaireddy
05-18 10:10 AM
1. You should be 100% confident that it is not your attorney who screwed up
2. Be able to convince anyone in 10 minutes that you filed within the timeline with evidence of receipt numbers, etc. The evidence is what counts.
2. Be able to convince anyone in 10 minutes that you filed within the timeline with evidence of receipt numbers, etc. The evidence is what counts.
psaxena
03-09 06:46 PM
Thanks Vin13.
I was thinking the same, to have my wife work on EAD.. so does that mean she will have to give her H4 away to work on EAD. Will that any issue while she travels and comes back on AP. I know it should not but just wanted to conform on the same.
Now also can you suggest on the scenario somehow I get a denial of 485 , what then my wife will have to do ? will she have to go back to the India and get a H4..
Please advice.
Thanks in Advance.
I was thinking the same, to have my wife work on EAD.. so does that mean she will have to give her H4 away to work on EAD. Will that any issue while she travels and comes back on AP. I know it should not but just wanted to conform on the same.
Now also can you suggest on the scenario somehow I get a denial of 485 , what then my wife will have to do ? will she have to go back to the India and get a H4..
Please advice.
Thanks in Advance.
more...
laborchic
10-06 11:39 AM
Its an honor to have such prestigious members on IV Advisory boards..
Great to know that we are in good hands..
Great to know that we are in good hands..
senthil1
05-04 11:06 PM
You can do it. But if you are not responding properly then you may end up paying more to Lawyer.
Hi All,
Recently I received an RFE on my Wife's 485 application asking to prove that we both are still married. My lawyer is asking for around $400 to respond to this RFE, We have already paid the lawyer about $7500 until now for our GC process and she is no longer the preferred lawyer for the company that I am working for, but I had to keep my case with her as she has processed all of my applications until now. My questions are:
1. Can we ourselves respond to the RFE and save the $400.00,
2. If so, What's the process and what documents that we need to send to prove that we are still married.
Appreciate all of your help in this regard.
Thanks
Hi All,
Recently I received an RFE on my Wife's 485 application asking to prove that we both are still married. My lawyer is asking for around $400 to respond to this RFE, We have already paid the lawyer about $7500 until now for our GC process and she is no longer the preferred lawyer for the company that I am working for, but I had to keep my case with her as she has processed all of my applications until now. My questions are:
1. Can we ourselves respond to the RFE and save the $400.00,
2. If so, What's the process and what documents that we need to send to prove that we are still married.
Appreciate all of your help in this regard.
Thanks
EB2_Jun03_dude
11-29 07:02 PM
thanks for your suggestion.
However My I-485 has been pending since June 2005. If it was a medical question RFE they should have found out when it was applied: "initial evidence" (or within six months) or does this happen only when the case is picked up for processing ?
Also this brings up a good point as to what possible reasons can there be for which a RFE can be raised at this point in time (RFE for "additional evidence") ?
1) EVL with current job desc, compensation and full-time employment
2) Last few/All years Tax Returns/W-2. Recent Paystubs.
3) Evidence of legal status throughout the stay in US
what else ?
However My I-485 has been pending since June 2005. If it was a medical question RFE they should have found out when it was applied: "initial evidence" (or within six months) or does this happen only when the case is picked up for processing ?
Also this brings up a good point as to what possible reasons can there be for which a RFE can be raised at this point in time (RFE for "additional evidence") ?
1) EVL with current job desc, compensation and full-time employment
2) Last few/All years Tax Returns/W-2. Recent Paystubs.
3) Evidence of legal status throughout the stay in US
what else ?
gimme_GC2006
04-13 01:13 PM
Thanks for the response.
So you are asking me to first threaten him by saying that I would take this matter to DOL if he does not refund me back. If matter gets really worse then and only then should I lodge a complaint against his firm? Am I right? If I have to complain, what is the procedure. I am just nervous. Please guide me.
And by the way how much do you think out of $1800,can I ask him to refund? And to just bring to your notice, he is saying this after 1 year. I can even ask him to pay me the interest for 1 year that he's enjoyed on my hard earned money. Right?
How do you think threating him would stand me a good chance to get my money back. It might even backfire by him not paying me anything (Right now he is ready to pay me something out of $1800 by talking to his finance dept.) and challenging me to the court. I am in India from last october and will be in India till coming October. I cannot agree to his terms of going to the court and all that stuff. And at the same time it should not impact my other H1 petition on which I already have VISA.
Sorry to put forth so many conditions before you. But I just want to be cautious and work out all pros and cons in my mind before executing it.
Your help & advice greatly appreciated.
Thanks
just search on this site..this is discussed almost every week.
So you are asking me to first threaten him by saying that I would take this matter to DOL if he does not refund me back. If matter gets really worse then and only then should I lodge a complaint against his firm? Am I right? If I have to complain, what is the procedure. I am just nervous. Please guide me.
And by the way how much do you think out of $1800,can I ask him to refund? And to just bring to your notice, he is saying this after 1 year. I can even ask him to pay me the interest for 1 year that he's enjoyed on my hard earned money. Right?
How do you think threating him would stand me a good chance to get my money back. It might even backfire by him not paying me anything (Right now he is ready to pay me something out of $1800 by talking to his finance dept.) and challenging me to the court. I am in India from last october and will be in India till coming October. I cannot agree to his terms of going to the court and all that stuff. And at the same time it should not impact my other H1 petition on which I already have VISA.
Sorry to put forth so many conditions before you. But I just want to be cautious and work out all pros and cons in my mind before executing it.
Your help & advice greatly appreciated.
Thanks
just search on this site..this is discussed almost every week.
indyanguy
02-01 07:32 PM
Pardon my ignorance, I am a little confused here ... For EB2, would it not suffice if the job description explicitly says it requires 5+ years or a Masters + 2 yrs ?
Yes, for EB2 that will work. Only MS+2 or Only BS+5 will also work. But the prevailing wage would be different for each one of these.
Yes, for EB2 that will work. Only MS+2 or Only BS+5 will also work. But the prevailing wage would be different for each one of these.
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