TigerAmit
09-23 05:32 PM
Is it possible that they reject my application because my both PDs are not current ?
( EB3, 10-Nov-2004 as PD Which is not current and EB2, 10-Aug-2007 as PD which is not current either as per Aug and Sept months visa dates ) ?
My Lawyer cited following in cover letter to prove that I am eligible for AOS.
"The purpose of this correspondence is to inform you of the difficulties our office is facing when submitting an I-485 application on behalf of our client Mr.X. Mr.X is the beneficiary of two (2) approved I-140 petitions. Our cover letters to the USCIS have clearly evidenced Mr.X's eligibility to apply for Adjustment of Status pursuant of 8 C.F.R. Section 204.5(e) which states in relevant part:
A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the act accords the alien the priority date of approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the act, the alien shall be entitled to the earliest priority date.
"
At-least I want verify that based on two PD's I am eligible to file for AOS.
( EB3, 10-Nov-2004 as PD Which is not current and EB2, 10-Aug-2007 as PD which is not current either as per Aug and Sept months visa dates ) ?
My Lawyer cited following in cover letter to prove that I am eligible for AOS.
"The purpose of this correspondence is to inform you of the difficulties our office is facing when submitting an I-485 application on behalf of our client Mr.X. Mr.X is the beneficiary of two (2) approved I-140 petitions. Our cover letters to the USCIS have clearly evidenced Mr.X's eligibility to apply for Adjustment of Status pursuant of 8 C.F.R. Section 204.5(e) which states in relevant part:
A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the act accords the alien the priority date of approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the act, the alien shall be entitled to the earliest priority date.
"
At-least I want verify that based on two PD's I am eligible to file for AOS.
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pappusheth
08-11 02:38 PM
good one ghost.
it's disappointing that the sept vb movement was much smaller than expected (i fall in your g3m2 category) but the blessing in disguise is that it will make people believe the long term vision that IV has to pursue the fixes that will solve these problems for good and will help everyone irrespective of their category. hopefully more people will come forward and donate and join IV's hands on the grass root efforts.
it's disappointing that the sept vb movement was much smaller than expected (i fall in your g3m2 category) but the blessing in disguise is that it will make people believe the long term vision that IV has to pursue the fixes that will solve these problems for good and will help everyone irrespective of their category. hopefully more people will come forward and donate and join IV's hands on the grass root efforts.
mbartosik
11-04 12:09 PM
It sounds like the UK is planning on increasing the points required for residence. I see nothing wrong with regulating the points required for residence based on needs of the country. Here it is done my H1B quota, but they forgot to change the EB GC quota too, and that's much of our aim here. In the UK it is done by points. Of course increasing the points will mean that average wage by those of non-British origin will go up. I'm quite sure that we on H1B have above average wage in US too.
In the UK things are further complicated because of migration within the EU to the UK both legal and illegal.
Anyway, this is interesting, but what's happening in the UK is of academic interest only. As far as I'm aware there is not a 12 year wait in the UK for an "indefinite leave to stay" stamp in passport (equiv of GC), and there is not a country quota.
If we don't work with IV, then Lou Dobbs will be saying that "immigrants are being paid more", and then in the next breath, "immigrants are under cutting US citizens". Hang on, I think that I've heard him say both of these things already!
That's why we need to act now, before we are kicked out for both earning more and under cutting!
In the UK things are further complicated because of migration within the EU to the UK both legal and illegal.
Anyway, this is interesting, but what's happening in the UK is of academic interest only. As far as I'm aware there is not a 12 year wait in the UK for an "indefinite leave to stay" stamp in passport (equiv of GC), and there is not a country quota.
If we don't work with IV, then Lou Dobbs will be saying that "immigrants are being paid more", and then in the next breath, "immigrants are under cutting US citizens". Hang on, I think that I've heard him say both of these things already!
That's why we need to act now, before we are kicked out for both earning more and under cutting!
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psk79
05-31 12:02 AM
Sure that helps...
I didn't get what the below means
"this iwll come iwht a new I94 and u wil hten b in h1b...Otherwise, u go out of the country and enter back showing h1b approval and get a new I94 at POE that will say h1b..."
I mean the new H1 will come with a new I94 attached to it and ur status automatically changed to H1.
I didn't get what the below means
"this iwll come iwht a new I94 and u wil hten b in h1b...Otherwise, u go out of the country and enter back showing h1b approval and get a new I94 at POE that will say h1b..."
I mean the new H1 will come with a new I94 attached to it and ur status automatically changed to H1.
more...
njboy
12-17 09:51 AM
suman, what was the reason it was denied? Each reason has a different recourse, for some reasons there may be none..
krishnam70
05-01 05:13 PM
Hello..
My Visa get expire on Sept 2009. I want to travel india on month (June) and coming back on June. Do i need to stamp my visa for coming back?. Also My visa in the name of company A. and i left the company moved to company B and then Company C. Now my H1 is with company C and its valid till 2011 November. Can i use the same Visa for reentry to US when i am coming back on May/June. Please give your answers ASAP.
Thanks
For re-entering your left over time is sufficient, however if you ever want to travel out of US again you might need to go back to a consulate for visa issuance.
- cheers
kris
My Visa get expire on Sept 2009. I want to travel india on month (June) and coming back on June. Do i need to stamp my visa for coming back?. Also My visa in the name of company A. and i left the company moved to company B and then Company C. Now my H1 is with company C and its valid till 2011 November. Can i use the same Visa for reentry to US when i am coming back on May/June. Please give your answers ASAP.
Thanks
For re-entering your left over time is sufficient, however if you ever want to travel out of US again you might need to go back to a consulate for visa issuance.
- cheers
kris
more...
newlife2
09-19 10:57 PM
Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
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gcformeornot
12-31 02:20 PM
there are about 40%..... so lots of them....
more...
thomachan72
07-28 11:07 AM
it is not easy as you think. Once you have this non renewable/non transferable stamp on the license you are stuck. For eg:- even if you stay in the state that issues that lisence (in this case Ohio), you will have to retake the whole test (computer + driving test) to even renew the lisense when your visa is renewed. You initially get the lisence only valid until the day of your visa expiry.
bottom line:: THIS IS THE CRAZIEST RULE THAT I HAVE COME ACCROSS. The more a person drives I was under the impression that her/his skills improve. I am not against checking the visa validity etc but to make you take the whole drivers test again is SIMPLY STUPIDITY.
bottom line:: THIS IS THE CRAZIEST RULE THAT I HAVE COME ACCROSS. The more a person drives I was under the impression that her/his skills improve. I am not against checking the visa validity etc but to make you take the whole drivers test again is SIMPLY STUPIDITY.
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ravi2patel
07-24 05:19 PM
I was wondering if you file for perm with company B and then at the time of 140 try to get the 2002 date of the RIR which is approved,if that can happen then you may be fine.I can be wrong in this.
good point...i will try that option. BTW, i have made an appointment to see another attorney...lets see what they have to say.
good point...i will try that option. BTW, i have made an appointment to see another attorney...lets see what they have to say.
more...
Ann Ruben
05-23 10:19 AM
What happened between April 2002 and June 2003 when you returned to the US with an H-1 visa? Did you remain in the US? Did you continue working in the US? When did you leave the US to apply for the visa? What information did you provide to the US Consul regarding your time in the US?
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gsc999
07-17 04:17 PM
Let us start sending Thank you flowers to IV core memebers such as Logic life, pappu ( i know only these two people) Please add to the list if you know anybody belong to Core team.
--
We recently used flowers as a sign of protest. My suggestion is not to send flowers to either IV core or congresswoman Zoe Lofgren or anyone else. That might send a mixed message although the intentions are good.
Instead of flowers, I recommend a funding drive. That would help the core IV to have more resources at their disposal to push for the next step, which is long term solution for visa retrogression.
--
We recently used flowers as a sign of protest. My suggestion is not to send flowers to either IV core or congresswoman Zoe Lofgren or anyone else. That might send a mixed message although the intentions are good.
Instead of flowers, I recommend a funding drive. That would help the core IV to have more resources at their disposal to push for the next step, which is long term solution for visa retrogression.
more...
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vbkris77
04-04 11:09 AM
Can pls add poll to this by month. We atleast know 3 cases..
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jagan13
02-21 09:18 AM
HRPRO,
I could go in person , but since I submitted it thru mail, I am not sure if they will even give it to me personally. As of right now, i am planning on waiting it out till the end of 8 weeks atleast, which will be the end of next week.
satishav,
I am from KY and currently they need to validate all the original documents, proof of address,etc before they issue this blue form, whih identifies the last date of your legal status and the DMV issues the license till that date. I already tried with copied on the original passport but the guy in the administrative office refused to issue the form.
aaren253,
Sorry about the lost passport.
rockstart,
I believe there were a lot of delays between 09 and 10, based on my research. Lately, it seems to be about 40 working days. Hopefully, my passport has the same processing timeline. As I mentioned in my post, both my checks(application fee and returm mailing fee) were cashed on 24th Jan which to me is still unclear, as my appointment date was on 24th Dec and my documents were received by the embassy on 31st Dec. I am not sure what they were upto with my passport, till 24th Jan.
Jagan
I could go in person , but since I submitted it thru mail, I am not sure if they will even give it to me personally. As of right now, i am planning on waiting it out till the end of 8 weeks atleast, which will be the end of next week.
satishav,
I am from KY and currently they need to validate all the original documents, proof of address,etc before they issue this blue form, whih identifies the last date of your legal status and the DMV issues the license till that date. I already tried with copied on the original passport but the guy in the administrative office refused to issue the form.
aaren253,
Sorry about the lost passport.
rockstart,
I believe there were a lot of delays between 09 and 10, based on my research. Lately, it seems to be about 40 working days. Hopefully, my passport has the same processing timeline. As I mentioned in my post, both my checks(application fee and returm mailing fee) were cashed on 24th Jan which to me is still unclear, as my appointment date was on 24th Dec and my documents were received by the embassy on 31st Dec. I am not sure what they were upto with my passport, till 24th Jan.
Jagan
more...
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immigrant2007
09-15 10:02 AM
NO We won't do anything. we will jsut browse this site and fight with each other but we have decided to do nothing. We are good at writing but we are better at doing nothing. We have lots of guts and experience in doing nothing and we have deiciced to wait and watch and get our GCs by doing nothing so don't ever hope that we will do something as it is true won't do anything
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ivorycard
10-17 09:27 PM
I had a conference call with the leading law firm.
He confirmed that, as long as the first two numbers falls under the same category/domain, the job changes is good for AC21. The sub-categorical numbers do not matter.
He confirmed that, as long as the first two numbers falls under the same category/domain, the job changes is good for AC21. The sub-categorical numbers do not matter.
more...
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pmpforgc
04-08 12:09 AM
since it might be easy to pass PACE Act. We can try to attach all this amendments included in SJC/Frist bill along with Brownback amendment to be included for high skill legal immigration reform in the PACE act. PACE Act already has some immigration provisions which can be modified to included these amendements. It has big support from both sides and we are not attached to undocumented or agricultural workers there, so may not be that much oppostion except in house.
This is some thing to think about in this recess.
This is some thing to think about in this recess.
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LostInGCProcess
11-10 11:40 PM
Thanks again for the reply and wishes!!
Also sorry for another question as I forgot to mention this earlier.
My new H1B has more than 6 months of validity period.
One thing which I forgot to mention earlier is that when new Employer "B" did the H1B transfer (June 2007) from Employer "A" - the I-797 receipt # of Employer "B" came out of to be different from I-797 receipt # of Employer "A"?
Shouldn't the I-797 receipt #'s for Employer "A" and Employer "B" should be SAME as it's just an H1B transfer???
Employer "A" I-797 receipt #:
EAC - XXX-XXXX
I-797 valid : 0ct' 2009
Employer "B" I-797 receipt #:
WAC - XXX-XXXX
I-797 valid: June' 2010
As I-797 receipt # gets printed on the H1B visa in the Passport, does having a different I-797 receipt # (of Employer "B") affects anything at port of entry?
Appreciate your help!
Of course the receipt number would be different, because each H1 application is treated as a new application, regardless of whether its a transfer or new. So, they are identified uniquely.
As I-797 receipt # gets printed on the H1B visa in the Passport, does having a different I-797 receipt # (of Employer "B") affects anything at port of entry?
No, at port of entry, you show the new H1 and you get the new I-94 with an expiry date that's on the H1...which would be June 2010. Remember, The I-94 (Arrival-Departure Record) shows the date you arrived in the United States and the “Admitted Until” date—that is the day your authorized period of stay expires, usually its the expiry date what's on your H1.
So, even though your visa may expire after some time, you are legal to stay till the date mentioned on the I-94. I hope its clear to you.
Good Luck!!!
Also sorry for another question as I forgot to mention this earlier.
My new H1B has more than 6 months of validity period.
One thing which I forgot to mention earlier is that when new Employer "B" did the H1B transfer (June 2007) from Employer "A" - the I-797 receipt # of Employer "B" came out of to be different from I-797 receipt # of Employer "A"?
Shouldn't the I-797 receipt #'s for Employer "A" and Employer "B" should be SAME as it's just an H1B transfer???
Employer "A" I-797 receipt #:
EAC - XXX-XXXX
I-797 valid : 0ct' 2009
Employer "B" I-797 receipt #:
WAC - XXX-XXXX
I-797 valid: June' 2010
As I-797 receipt # gets printed on the H1B visa in the Passport, does having a different I-797 receipt # (of Employer "B") affects anything at port of entry?
Appreciate your help!
Of course the receipt number would be different, because each H1 application is treated as a new application, regardless of whether its a transfer or new. So, they are identified uniquely.
As I-797 receipt # gets printed on the H1B visa in the Passport, does having a different I-797 receipt # (of Employer "B") affects anything at port of entry?
No, at port of entry, you show the new H1 and you get the new I-94 with an expiry date that's on the H1...which would be June 2010. Remember, The I-94 (Arrival-Departure Record) shows the date you arrived in the United States and the “Admitted Until” date—that is the day your authorized period of stay expires, usually its the expiry date what's on your H1.
So, even though your visa may expire after some time, you are legal to stay till the date mentioned on the I-94. I hope its clear to you.
Good Luck!!!
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Brightsider
11-16 03:31 PM
Guys,
Am trying to find out the relevant parts of HR 2892 that extends that benefit to EB cases.
Havent been able to find it?
Apart from Shusterman's commentary, I havent seen anything about the extension of benefits of the 'widow's penalty' to EB cases.
Maybe I am not looking at the right doc.
But those of you who have been able to see it in the statute/law, could you please point it out .....by sending the url, or noting the section/article of the law or any other way.
Many thanks
Am trying to find out the relevant parts of HR 2892 that extends that benefit to EB cases.
Havent been able to find it?
Apart from Shusterman's commentary, I havent seen anything about the extension of benefits of the 'widow's penalty' to EB cases.
Maybe I am not looking at the right doc.
But those of you who have been able to see it in the statute/law, could you please point it out .....by sending the url, or noting the section/article of the law or any other way.
Many thanks
kumar1305
01-23 12:35 PM
Can you provide more details...?
I work in south Florida. My employer is seriously involved in helping the people. They got a blood bank here and requested to donate. Even though I never did before, I thought it is much required now as I see many people are in the hospitals. They were even collecting the red blood cells sending plasma back in to the donor. This is done by some machine. But that was a bit painful and time consuming, I preferred to donate blood the tradition way. Money is collected by few employees on behalf of red cross and few other charities. So employees got some cakes, buns and you buy a piece for $10 or $20. Not only that we can donate our old usable clothing, blankets.
I work in south Florida. My employer is seriously involved in helping the people. They got a blood bank here and requested to donate. Even though I never did before, I thought it is much required now as I see many people are in the hospitals. They were even collecting the red blood cells sending plasma back in to the donor. This is done by some machine. But that was a bit painful and time consuming, I preferred to donate blood the tradition way. Money is collected by few employees on behalf of red cross and few other charities. So employees got some cakes, buns and you buy a piece for $10 or $20. Not only that we can donate our old usable clothing, blankets.
sudhirdd
07-11 04:36 PM
As long as you are employed, and company is paying you decent salary (atleast salary mentioned on the L/C) you are fine, you must be employed at time of RFE/NOID etc..
Thanks a lot for your valuable input.
But I beleive all the input you mentioned, would be applicable for all kind of employer (Bigger or smaller) and get the RFE for ability to pay. I would like to know if you join the real small emplyer (about 35 employee) would it necessarly cause any other postential issue and/or must be a chance of getting the RFE as joining the such a small employer?
Please let me know.
Thanks for all your input in advance.
Thanks a lot for your valuable input.
But I beleive all the input you mentioned, would be applicable for all kind of employer (Bigger or smaller) and get the RFE for ability to pay. I would like to know if you join the real small emplyer (about 35 employee) would it necessarly cause any other postential issue and/or must be a chance of getting the RFE as joining the such a small employer?
Please let me know.
Thanks for all your input in advance.
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