Sai_07
06-27 10:31 PM
My I-140 was approved in Dec 2006 and still working with sponsoring company.
Now my attorney got withdrawal decision on my I-140.My company or my attorney never send withdrawal letter for my I-140. However, my company sent withdrawal letters for some 12 other cases.
Here are the exact words from letter:
In accordance with the authority contained in Titl18,Code of federal Regulations, Section 205.1(a)(3)(iii)(C),the approval of the petition is automatically revoked as of the date of approval because of your written request of revocation(termination) field on XX/XX/XXXX,in this employment-based preference petition.
Could you please suggest how to correct USCIS mistake? Do we have to file Motion to Re-Open on my I-140?
Appreciate your help.
Now my attorney got withdrawal decision on my I-140.My company or my attorney never send withdrawal letter for my I-140. However, my company sent withdrawal letters for some 12 other cases.
Here are the exact words from letter:
In accordance with the authority contained in Titl18,Code of federal Regulations, Section 205.1(a)(3)(iii)(C),the approval of the petition is automatically revoked as of the date of approval because of your written request of revocation(termination) field on XX/XX/XXXX,in this employment-based preference petition.
Could you please suggest how to correct USCIS mistake? Do we have to file Motion to Re-Open on my I-140?
Appreciate your help.
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sparklinks
10-25 11:33 AM
Still not yet received Receipt for July 14th filer....
mhtanim
02-26 03:18 PM
Please recheck your info before dispensing advice. Adjustment of Status application is based on premise that you are already present in USA. At the time approval, you should be present in USA. Thus the need for AP. If your Green card AOS application has been approved while you are out of country. You NEED AP to enter.
You have raised an interesting point that I have not thought about before. My advice was based on few people who actually did came back to the U.S. using GC while they were abroad.
You have to be in the U.S. while you are filing I-485. However, I will be willing to see where you got "At the time approval, you should be present in USA".
There are lot of people who have valid H1/H4 stamp and did not bother to apply for AP because of that. If what you are saying is the fact, then all those people are taking risks when they are leaving the U.S. without AP.
http://www.murthy.com/chatlogs/ch021808_P.html
Chat User : How can one return to the USA if his I-485 is approved while abroad?
Attorney Murthy : Per the March 2000 and the May 2000 Legacy INS Memos, one could presumably use the AP to reenter, if one has the AP approved before departing the U.S. If not, that could add more complications. The CBP inspectors could refuse entry, technically, but they are allowed to parole an individual into the U.S. If one has an H-1/H-4 or L-1/L-2, s/he could use those documents to get on the plane, and then explain the I-485 approval at the POE.
http://www.murthy.com/chatlogs/ch120307_P.html
Chat User : Thanks for your great service, I am in India with AP right now and my GC has been approved now. Is there any problem with reentering using AP?
Attorney Murthy : Generally, the CBP Inspector is allowed to use the AP for the person to be able to enter the U.S. and then the individual should get the I-551 card (GC) in the mail. In fact, if one has a family member or friend checking the mail, it could be possible to have the GC sent abroad, so that it can be used to reenter the U.S. In either event, it should not pose a problem, as long as the AP has not yet expired per the Legacy INS policy guidance on this issue.
I guess the second scenario is for someone who does not have a valid H1/H4 stamp in the passport. In both scenarios, it was not mentioned what happens if someone mails you the GC.
Anybody has more experience in this please comment.
You have raised an interesting point that I have not thought about before. My advice was based on few people who actually did came back to the U.S. using GC while they were abroad.
You have to be in the U.S. while you are filing I-485. However, I will be willing to see where you got "At the time approval, you should be present in USA".
There are lot of people who have valid H1/H4 stamp and did not bother to apply for AP because of that. If what you are saying is the fact, then all those people are taking risks when they are leaving the U.S. without AP.
http://www.murthy.com/chatlogs/ch021808_P.html
Chat User : How can one return to the USA if his I-485 is approved while abroad?
Attorney Murthy : Per the March 2000 and the May 2000 Legacy INS Memos, one could presumably use the AP to reenter, if one has the AP approved before departing the U.S. If not, that could add more complications. The CBP inspectors could refuse entry, technically, but they are allowed to parole an individual into the U.S. If one has an H-1/H-4 or L-1/L-2, s/he could use those documents to get on the plane, and then explain the I-485 approval at the POE.
http://www.murthy.com/chatlogs/ch120307_P.html
Chat User : Thanks for your great service, I am in India with AP right now and my GC has been approved now. Is there any problem with reentering using AP?
Attorney Murthy : Generally, the CBP Inspector is allowed to use the AP for the person to be able to enter the U.S. and then the individual should get the I-551 card (GC) in the mail. In fact, if one has a family member or friend checking the mail, it could be possible to have the GC sent abroad, so that it can be used to reenter the U.S. In either event, it should not pose a problem, as long as the AP has not yet expired per the Legacy INS policy guidance on this issue.
I guess the second scenario is for someone who does not have a valid H1/H4 stamp in the passport. In both scenarios, it was not mentioned what happens if someone mails you the GC.
Anybody has more experience in this please comment.
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p.guptapost
11-06 05:54 PM
2 K number comes from I485 inventory report from USCIS. It shows 2K visas filed overall in 2009 till Aug.
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pitha
02-27 04:47 PM
It is worse than your estimates below because when green card is issued spouse and children are also counted in the quota unlike the h1 where spouse and children are not counted in the quota. Even if we assume each green card applicat has only one child, there would be 3 visa numbers used for each GC applicant. Going by that India has a demand for 150K GC as per the perm statistics but it gets only about 10000 per year. At this rate people from India who applied for GC in 06 and 07 would have to wait about 15 years and 30 years respectively to get the GC!!!!!!!!
About 25,000 PERM labors were approved in 2007 for Indian nationals. Assuming a 2.5:1 ratio of 'GC filed:Labor approved', implies that each year 62,500 GC are demanded by Indians under EB. Since only 10,000 are available (across all EB classes), this implies each year a backlog of 50,000 cases is created for Indians.
Since PD are essentially retrogressed from Nov. 2005, we can assume that since then another 100,000 Indians have joined the GC backlog. It can also be assumed that between 2001 and Nov. 2005 there must be another (atleast) 50,000 waiting for GC.
Assuming these numbers are correct, a person filing for labor today is looking to wait for atleast 15 years before getting a GC (150,000/10,000).
As for those wth PD prior to Nov. 2005 - well..... probably anywhere between 1 to 5 years .....
Comments on the analysis.........?
About 25,000 PERM labors were approved in 2007 for Indian nationals. Assuming a 2.5:1 ratio of 'GC filed:Labor approved', implies that each year 62,500 GC are demanded by Indians under EB. Since only 10,000 are available (across all EB classes), this implies each year a backlog of 50,000 cases is created for Indians.
Since PD are essentially retrogressed from Nov. 2005, we can assume that since then another 100,000 Indians have joined the GC backlog. It can also be assumed that between 2001 and Nov. 2005 there must be another (atleast) 50,000 waiting for GC.
Assuming these numbers are correct, a person filing for labor today is looking to wait for atleast 15 years before getting a GC (150,000/10,000).
As for those wth PD prior to Nov. 2005 - well..... probably anywhere between 1 to 5 years .....
Comments on the analysis.........?
NolaIndian32
02-10 10:05 PM
I agree, you should stay on an H1b as much as you possibly can. The H1b is already approved and you can transfer an existing H1b to a new employer (don't have to get a new H1b). But if you invoke the EAD status, you will forever lose your H1b. If anything goes wrong with your pending I-485 and you are still on an H1b, you still have time to appeal and to work through the issues. But if you are on the EAD at this time, then thats it, you have no time left because your EAD is issued to you as conditional approval of your pending I-485. You need to weigh the risks and benefits in taking a job with an employer who will not sponsor you on an H1b.
Best of Luck
Best of Luck
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little_willy
08-25 03:16 PM
So, I guess she cannot continue to work on H1(company B) upon returning using AP(got as my dependent thru Company A) !!!?? am I correct?
Are you sure about this? I don't think this is true. My wife entered using AP and works on H-1B. Note that she is a derivative on my I-485 and works on H-1 for a totally different employer.
Are you sure about this? I don't think this is true. My wife entered using AP and works on H-1B. Note that she is a derivative on my I-485 and works on H-1 for a totally different employer.
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raysaikat
07-24 08:48 AM
firstly, thanks for replying.
I just wanted to be clear about this. So if I maintain my F1 status somehow by enrolling at kaplan/community college and then find a research job which is willing to sponsor for H1B, I can apply any time of the year for this class through non-profit organization/institute of higher education?
do you have any govt. links where I could find more info on this? Any input of yours will be greatly appreciated!!!!
A non-profit organization, such as a University, can hire you any time on H1-B. The job does not have to be a research job.
I just wanted to be clear about this. So if I maintain my F1 status somehow by enrolling at kaplan/community college and then find a research job which is willing to sponsor for H1B, I can apply any time of the year for this class through non-profit organization/institute of higher education?
do you have any govt. links where I could find more info on this? Any input of yours will be greatly appreciated!!!!
A non-profit organization, such as a University, can hire you any time on H1-B. The job does not have to be a research job.
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ck_b2001
12-12 11:33 AM
I got only 2 copies of AP from TSC. I might have to go to India multiple times in coming months (more that 2). Will the POE officer take the original AP on each entry? Is there any USCIS/CBP reference/guidelines that instructs the POE officer to take the copies and leave the orignals with us? Any help appriciated
Thanks
Give them one orginal. Subsequent trips, just tell them that you have only one original and they will make copies. Some body posted a memo but i am telling you from my personal experience that they do not insist for original if you dont want to give them one.
Thanks
Give them one orginal. Subsequent trips, just tell them that you have only one original and they will make copies. Some body posted a memo but i am telling you from my personal experience that they do not insist for original if you dont want to give them one.
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radhagd
03-09 04:01 PM
There is no premium processing for Labour. but you can premium process your I140 and file I485 together since your dates are current. The reason why I suggested Consular processing is because it will be much faster like within 6 months you will get GC.
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arnet
11-24 06:20 PM
thatz gr8, always dont lose hope, keep trying....good luck...
Thanks arnet ,
As you mentioned i kept checking the chennai consulate, and it opened up like a blessing in disguise, with slots again and i was able to get my dates .Only problem was it forced me to cancel my earlier appointment and redo all the application again .That was because i had booked an appointment with Mumbai consulate in distress of not finding any with chennai .
Thanks arnet ,
As you mentioned i kept checking the chennai consulate, and it opened up like a blessing in disguise, with slots again and i was able to get my dates .Only problem was it forced me to cancel my earlier appointment and redo all the application again .That was because i had booked an appointment with Mumbai consulate in distress of not finding any with chennai .
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gc_dedo
01-27 03:34 PM
Sorry for the stupid question.
Is it necessary to inform CIS about job change using AC21?
Few of my friends havent informed.
Is it necessary to inform CIS about job change using AC21?
Few of my friends havent informed.
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arjun007
02-01 04:39 PM
I got a Multiple Entry Stamp.. ( last week of jan 2008)
The consulate officer who interviewed me did mention that they will try to get the passport back to me next day by 3 pm but there are chances that it might take a few days...
The next day I went to pick up my passport at 3 and it was not ready..The security guy said -> "because of the new system, the stamping is taking a while. But most of the guys have got it the next day by 5 pm.. the worst case was an H1 candidate who had to comeback after 2 days for his passport...But that was the only blip ..."
I would suggest booking ur tickets as if you were to get the passport the next day, but also buy the 52$ insurance (if you buy it on Orbitz) so that you can easily cancel and re-book it...
Also I read in several posts about who could go to halifax for stamping. Its true that only revalidation candidates should schedule but
It does not matter what employer name is printed on your existing expired VISA . You just need an existing H1 approval ( stamped) which is being extended. In my case I had only an expired stamp from my first company but I had transferred the H1 Visa to 2 employers since then without their stamp.
So this stamping was for my 3rd employer.
The consulate officer who interviewed me did mention that they will try to get the passport back to me next day by 3 pm but there are chances that it might take a few days...
The next day I went to pick up my passport at 3 and it was not ready..The security guy said -> "because of the new system, the stamping is taking a while. But most of the guys have got it the next day by 5 pm.. the worst case was an H1 candidate who had to comeback after 2 days for his passport...But that was the only blip ..."
I would suggest booking ur tickets as if you were to get the passport the next day, but also buy the 52$ insurance (if you buy it on Orbitz) so that you can easily cancel and re-book it...
Also I read in several posts about who could go to halifax for stamping. Its true that only revalidation candidates should schedule but
It does not matter what employer name is printed on your existing expired VISA . You just need an existing H1 approval ( stamped) which is being extended. In my case I had only an expired stamp from my first company but I had transferred the H1 Visa to 2 employers since then without their stamp.
So this stamping was for my 3rd employer.
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kpchal2
03-03 12:26 PM
hi chanduv
i am not worried about RFE or NOID. I am very much concerned about direct denial and then having to go through MTR and all the stress associated with that. Can you shed some light on the scenarios that miught cause denial other than plain old stupidity of the USCIS.
thanks
i am not worried about RFE or NOID. I am very much concerned about direct denial and then having to go through MTR and all the stress associated with that. Can you shed some light on the scenarios that miught cause denial other than plain old stupidity of the USCIS.
thanks
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nat23
06-26 12:15 PM
There is expected to be another vote on Thursday evening to move towards limiting the debate on the Bill and a final vote is expected to be by Friday.
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unaikax
01-04 07:58 PM
I am going to lodge a complaint with EPFO for PF/Gratuity using the following link
EPFO (http://www.epfindia.nic.in/grievance.htm)
EPFO (http://www.epfindia.nic.in/grievance.htm)
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meridiani.planum
07-19 04:36 PM
Hi All,
My skin test was positive, where as my x-ray was normal.Incase I get an RFE , Can I go to my PCP or need to go only to local health dept.
Can some body guide me
-Srarao
$100-so far
that is typically not an issue. lot of people (Esp from India) get a +ve on the skin test because of reaction with the BCG vaccine that they received in childhood. You will most likely not even get an RFE as USCIS knows about this.
If by chance you do, I believe you can go to a USCIS certified doctor (where you probably got those tests done) and he would prescribe some medication. You just send that report back, and you are all set.
My skin test was positive, where as my x-ray was normal.Incase I get an RFE , Can I go to my PCP or need to go only to local health dept.
Can some body guide me
-Srarao
$100-so far
that is typically not an issue. lot of people (Esp from India) get a +ve on the skin test because of reaction with the BCG vaccine that they received in childhood. You will most likely not even get an RFE as USCIS knows about this.
If by chance you do, I believe you can go to a USCIS certified doctor (where you probably got those tests done) and he would prescribe some medication. You just send that report back, and you are all set.
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coopheal
11-08 12:56 PM
The statistics they have provided might be correct but useless for any PD date information. Applications include all kinds of 485s, AP, EAD and renewals.
If USCIS really wanted to provide statistics they should have provided how many EB based 485s they have (further dividing them by PD year and country), and same thing for family based. Clubbing these two together is stupid.
If USCIS really wanted to provide statistics they should have provided how many EB based 485s they have (further dividing them by PD year and country), and same thing for family based. Clubbing these two together is stupid.
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sumansk
07-16 06:49 PM
AILA/AILF please do some good work other than chiding for spreading rumours.I beleive IV and their internal contacts..and totally beleive this infor from LOGICBHAI...
I suggest AILA does some really good work for the legal guys....
I suggest AILA does some really good work for the legal guys....
DDash
04-05 12:07 PM
Someone pls respond if you think you can help answer my questions. Pretty please.
caforum2
04-06 10:10 PM
i am sorry..i couldnt follow todays proceedings..whn i cam to iv site in the evening..everyone says bill is dead
whn i went to immigration-law.com, they say the following
cud someone tell me which one is true??????????
We reported earlier the Senate Republican Members Agreement last night. Today, the Democratic Minority Leader and other Democractic leaders agreed to the proposal, turning the Republican agreement into the Bi-Partisan Agreement. This dramatic break-through opens a door to the possibility of passing the Senate version of Comprehensive Immigration Reform bill, S. 2454, as amended before this week is over and before the Congress goes into the recess next two weeks.
The development is accompanied by three other developments:
President released statement supporting the bi-partisan agreement;
Senate rejected the Democrat's motion to cloture for the Specter amendments to S.2454;
Senate also relected the Republican Kyl' motion for his amendments.
Now we see the light at the end of the tunnel!!
If you go toImmigration-law update time clearly says 3PM EST and IV postings are around 9.30PM EST ...so what have to be correct? the one which is posted at 3PM or 9.30 PM. You decide. Before asking same question in different place do some homework.
whn i went to immigration-law.com, they say the following
cud someone tell me which one is true??????????
We reported earlier the Senate Republican Members Agreement last night. Today, the Democratic Minority Leader and other Democractic leaders agreed to the proposal, turning the Republican agreement into the Bi-Partisan Agreement. This dramatic break-through opens a door to the possibility of passing the Senate version of Comprehensive Immigration Reform bill, S. 2454, as amended before this week is over and before the Congress goes into the recess next two weeks.
The development is accompanied by three other developments:
President released statement supporting the bi-partisan agreement;
Senate rejected the Democrat's motion to cloture for the Specter amendments to S.2454;
Senate also relected the Republican Kyl' motion for his amendments.
Now we see the light at the end of the tunnel!!
If you go toImmigration-law update time clearly says 3PM EST and IV postings are around 9.30PM EST ...so what have to be correct? the one which is posted at 3PM or 9.30 PM. You decide. Before asking same question in different place do some homework.
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