chanduv23
06-14 11:19 PM
My AOS was denied few months 4 months ago after I switched using AC21. Since my current employer has their own attorney (Pappas Lenzo in Boston) they filed for MTR and it is still pending. I was on my H1 which will expire in another 2 months. The attorneys are saying it takes time for MTR to be successful. But was not sure it would take this long.
Anyone has experience who filed I-485 MTR and it was successfull through this attorney.
Please PM me if you do not want to share the experience in public.
After 90 days, you can open a service request. On another note if it is a AC21 write to Ombudsman too. Contact your congressman, they also help.
Do send your story to IV as IV ios collecting such stories
Anyone has experience who filed I-485 MTR and it was successfull through this attorney.
Please PM me if you do not want to share the experience in public.
After 90 days, you can open a service request. On another note if it is a AC21 write to Ombudsman too. Contact your congressman, they also help.
Do send your story to IV as IV ios collecting such stories
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bayarea07
04-08 06:33 PM
Can we have more people jump in and add their 2 cents.
milindss
11-05 10:34 AM
Hello Gurus,
I transferred my H1 in June and later in September, I converted to premium and got a query. My employer sent all documents to them, I have to go to India on 24th Nov for my marriage, The H1 from my previous employer is valid until Dec 2008. I am planning to come back to US in December last week. Also I have to take appointment in India for my H1 stamping and H4 for my wife.
The application status says, they would respond in 60 days(?????) , for a premium processing ? Can you please advice, what I can do?
================================================== ===
Current Status: Response to request for evidence received, and case processing has resumed.
On xxxxxxx, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our VERMONT SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
===============================================
Any help will be highly appreciated.
Edit/Delete Message
I transferred my H1 in June and later in September, I converted to premium and got a query. My employer sent all documents to them, I have to go to India on 24th Nov for my marriage, The H1 from my previous employer is valid until Dec 2008. I am planning to come back to US in December last week. Also I have to take appointment in India for my H1 stamping and H4 for my wife.
The application status says, they would respond in 60 days(?????) , for a premium processing ? Can you please advice, what I can do?
================================================== ===
Current Status: Response to request for evidence received, and case processing has resumed.
On xxxxxxx, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our VERMONT SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
===============================================
Any help will be highly appreciated.
Edit/Delete Message
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sendmailtojk
11-11 03:54 PM
I was recently approved for an employment based GC. Along with me, my wife and < 21 daughter got too. My EB2 labor was applied in Apr 2003 when my son had just crossed 21 years of age (March 1).
When it was time to apply for our I-485s in Aug 2007, the attorney opined that because he had crossed 21 years of age at the time labor was applied, they could not file an I-1485 for him. Not knowing any better, we complied.
Talking to friends I discovered that my attorney was possibly wrong. And that I could have.....
Is my attorney's opinion correct? If not, what can I do now?
Cheers
When it was time to apply for our I-485s in Aug 2007, the attorney opined that because he had crossed 21 years of age at the time labor was applied, they could not file an I-1485 for him. Not knowing any better, we complied.
Talking to friends I discovered that my attorney was possibly wrong. And that I could have.....
Is my attorney's opinion correct? If not, what can I do now?
Cheers
more...
breddy2000
02-03 10:28 AM
I also heard that they are sending about 1500 people back to India..
I heard from one of my Frnds that all of their L1 visa extensions are getting rejected left and right....
Most of them are on these L1 Visas in managerial postions.
I heard from one of my Frnds that all of their L1 visa extensions are getting rejected left and right....
Most of them are on these L1 Visas in managerial postions.
snathan
09-15 09:11 PM
I have both EB3 and EB2 labor approved and EB2 I-140 approved for the same job requirement in the same company. Here're some details:
labor PD : 03/2005 (EB3)
labor PD : 12/2006 (EB2),
I-140 approved (EB2)
I-485 Applied : 07/2007 with approved EB2 I-140
Is it possible to use my EB3�s PD for my EB2 application? If so, what�s the procedure.
Thanks a lot!
You can get your EB3 PD. Your lawer needs to write to the USCIS to port your PD. Attorney here would give you more details and wait for them to respond.
labor PD : 03/2005 (EB3)
labor PD : 12/2006 (EB2),
I-140 approved (EB2)
I-485 Applied : 07/2007 with approved EB2 I-140
Is it possible to use my EB3�s PD for my EB2 application? If so, what�s the procedure.
Thanks a lot!
You can get your EB3 PD. Your lawer needs to write to the USCIS to port your PD. Attorney here would give you more details and wait for them to respond.
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voldemar
04-18 10:34 PM
Poll is asking only about filing. What about people who already filed 485 and then retrogressed?
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thomachan72
07-23 02:59 PM
No problem
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ruchigup
08-14 12:57 PM
I opened a SR on July 24 2008. My priority date was going to be current starting Aug 2008, but still representative was kind enough to open SR for me . Guess at that time they were not getting bombarded by volume of calls.
It is almost 20 days and I have not received any response. CSR say it takes upto 45 days to respond.
- Did any body get a response back on their SR
- How much time it took to get response
- What format response is - Email / Letter / Call (are there any LUD's also)
- What is the content / detail level of response [Considering most of us are opening SR for case status and pending NC]
Thanks in advance
[ I am reposting this thread because in previous one I made mistake in subject, and didn't know how to edit it]
It is almost 20 days and I have not received any response. CSR say it takes upto 45 days to respond.
- Did any body get a response back on their SR
- How much time it took to get response
- What format response is - Email / Letter / Call (are there any LUD's also)
- What is the content / detail level of response [Considering most of us are opening SR for case status and pending NC]
Thanks in advance
[ I am reposting this thread because in previous one I made mistake in subject, and didn't know how to edit it]
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raysaikat
05-15 07:39 PM
Dear All:
I am currently in my 7th year on H-1B (with I-140 approved) and my H-1B Visa expired a year ago and my current I-94 valid until next 2 years (same case for my dependants).
I am switching my employer now and my family is planning to goto India and when they go for visa stamping through my new employer - do you think they will get into the trouble because my visa (with old employer) is already expired?
And FYI - myself/my fmaily already had US Visas stamped for atleast 4-5times already in the past through various employers.
The primary applicant's H1-B status must be valid for the dependent to get H-4 VISA stamp. The primary's own VISA stamp is not an issue.
I am currently in my 7th year on H-1B (with I-140 approved) and my H-1B Visa expired a year ago and my current I-94 valid until next 2 years (same case for my dependants).
I am switching my employer now and my family is planning to goto India and when they go for visa stamping through my new employer - do you think they will get into the trouble because my visa (with old employer) is already expired?
And FYI - myself/my fmaily already had US Visas stamped for atleast 4-5times already in the past through various employers.
The primary applicant's H1-B status must be valid for the dependent to get H-4 VISA stamp. The primary's own VISA stamp is not an issue.
more...
kevinkris
03-06 12:34 AM
Hi All,
My friend got laid off on Dec 19th 2008. And he got another job, but the new employer is not providing him Group Health Insurance. They are asking to take him Individual Family plan and saying they will reimburse. But the problem is, he is in Albany, NY and he got to know that they are no individual plans in NY which is really odd.
He wants to use COBRA but it's really expensive 1200$ per month. But luckily we saw that there is a 65% discount for people who laid off between 1st Sept 2008 and Dec 31st 2008.
But want to know whether H1b employees are eligible for this discount or only American Citizens and Green Card holders?
Please find IRS article regarding the same.
http://www.irs.gov/newsroom/article/0,,id=204505,00.html
Thanks for your help.
My friend got laid off on Dec 19th 2008. And he got another job, but the new employer is not providing him Group Health Insurance. They are asking to take him Individual Family plan and saying they will reimburse. But the problem is, he is in Albany, NY and he got to know that they are no individual plans in NY which is really odd.
He wants to use COBRA but it's really expensive 1200$ per month. But luckily we saw that there is a 65% discount for people who laid off between 1st Sept 2008 and Dec 31st 2008.
But want to know whether H1b employees are eligible for this discount or only American Citizens and Green Card holders?
Please find IRS article regarding the same.
http://www.irs.gov/newsroom/article/0,,id=204505,00.html
Thanks for your help.
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thescadaman
09-14 07:36 AM
My OPT started on July 12th, 2006 and I did not apply for my H1-B last year because the advanced degree cap quota was reached even before I got my job. Now, my OPT expired on July11th, 2007. My attorney suggested me to use the 60 days grace period to stay in U.S and get my H1-B Visa stamped in Chennai, India (Because, the 60 days grace period will get over by September 11th, 2007 and there is 19 days gap before my H1-B starts). In the H1-B approval notice it is clearly mentioned that I would attend the Chennai consulate for my stamping. The problem is that, I am not able to find available dates in Chennai consulate for H1-B stamping. Can I attend Delhi or Mumbai consulates? Please suggest me a way to come out of this situation.
You will have to fill in Form I-824. The Question 2b - "USCIS to notify a different U.S. Consulate or Port-of-Entry about the approval of an application or petition. Please notify the U.S. Consulate or Port-of-Entry at:", you will select Delhi or Mumbai consulate here. I need to warm you that this is a very slow process and you hardly have any time.
http://www.uscis.gov/files/form/I-824.pdf
First and foremost, you will have to make sure that you are not overstaying and going beyond your 2 month grace period. Hence make arrangements for international travel and consider this top priority!
Now that I have answered your question. I would like to request you not to open multiple threads asking the same question. Please delete your second thread.
Also, I am hoping that you are aware of this Big Rally event which IV is planning for. Please see if you can contribute towards the Rally in any form.
Note: This is my opinion. Please consult with your Attorney and take any decision.
You will have to fill in Form I-824. The Question 2b - "USCIS to notify a different U.S. Consulate or Port-of-Entry about the approval of an application or petition. Please notify the U.S. Consulate or Port-of-Entry at:", you will select Delhi or Mumbai consulate here. I need to warm you that this is a very slow process and you hardly have any time.
http://www.uscis.gov/files/form/I-824.pdf
First and foremost, you will have to make sure that you are not overstaying and going beyond your 2 month grace period. Hence make arrangements for international travel and consider this top priority!
Now that I have answered your question. I would like to request you not to open multiple threads asking the same question. Please delete your second thread.
Also, I am hoping that you are aware of this Big Rally event which IV is planning for. Please see if you can contribute towards the Rally in any form.
Note: This is my opinion. Please consult with your Attorney and take any decision.
more...
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utthesta
10-09 04:24 PM
This is the reply I got back from my attorney.
My case was filed in Texas Center but Texas couldn't process all the applications so they shipped some of them to California to do initial data entry. Now that California has finished with initial entry, they are sending it back to Texas.
My case was filed in Texas Center but Texas couldn't process all the applications so they shipped some of them to California to do initial data entry. Now that California has finished with initial entry, they are sending it back to Texas.
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zCool
04-02 01:47 PM
Nothing written in stone but from anecdotal evidence.. NO
They process 485s according to RD.
Approval only comes after PD is current though
They process 485s according to RD.
Approval only comes after PD is current though
more...
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frostrated
08-11 02:24 PM
My friend will come from India on H1B first time to Atlanta Air port this weekend. His H1B was approved for year 2008 and his stamping was done in early 2009. His H1B is from small desi consulting company. What kind of questions he may face? Any inputs will highly appreciated.
One of the most common questions for situation your friend is in is why he waited this long to come to the US after approval of H1B visa. Another question is to show proof of job availability. It is 2 years since a petition was applied for him and a year since he got his visa. Unless he has some very solid answers, there is a possibility that they might deny his entry.
If you say that another position has opened up for which he is coming, then the next question would be if a new LCA was applied for the new position, which would then open up a totally new ball game. I would suggest that you have your friend contact his company lawyer for suggetions, rather than listen to advice given by people here who have not been in such situations.
One of the most common questions for situation your friend is in is why he waited this long to come to the US after approval of H1B visa. Another question is to show proof of job availability. It is 2 years since a petition was applied for him and a year since he got his visa. Unless he has some very solid answers, there is a possibility that they might deny his entry.
If you say that another position has opened up for which he is coming, then the next question would be if a new LCA was applied for the new position, which would then open up a totally new ball game. I would suggest that you have your friend contact his company lawyer for suggetions, rather than listen to advice given by people here who have not been in such situations.
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GCDream
07-08 08:20 AM
Priority Date: Jan 2006
Category: EB3
I-140 Approved: Aug 2006
I-485 Filled: July 2007
I have a new job offer and the employer is willing to sponsor my GC in EB2 category. The job requires BS+5 years experience which I have.
Question: If the old employer revokes my I-140 before the new employer files new PERM and I-140 under EB2 category, can I still port my EB3 priority date to EB2?
Category: EB3
I-140 Approved: Aug 2006
I-485 Filled: July 2007
I have a new job offer and the employer is willing to sponsor my GC in EB2 category. The job requires BS+5 years experience which I have.
Question: If the old employer revokes my I-140 before the new employer files new PERM and I-140 under EB2 category, can I still port my EB3 priority date to EB2?
more...
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alucard666
08-11 05:20 PM
She has hired an accountant to do the taxes at the end of the year and a contractor who manages a web site, keeps the paperwork and provides the services. She has not hired anyone full time since it is a very small operation with approx. $500 in income per month.
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udaykaran
05-15 07:10 PM
http://www.cnn.com/2007/TECH/05/15/high.tech.visas.ap/index.html?eref=yahoo
Its high time Govt looks into H1B abuse and address it. Due to the abuse, H1B might get scrapped altogether.
Its high time Govt looks into H1B abuse and address it. Due to the abuse, H1B might get scrapped altogether.
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garybanz
08-30 10:10 AM
My date will be current from September 1st. Is it okay to travel to India on a short trip while the date is current? If 485 gets approved while I am india, can I still come back on advance parole?
One of my friends did this his green card was approved while he was away, he did not face any issues in returning or converting to GC later.
One of my friends did this his green card was approved while he was away, he did not face any issues in returning or converting to GC later.
apahilaj
09-20 07:43 AM
Are both of these I-140s on the same labor cert?
Whats the RFE about?
What does your lawyer say? Ignoring the RFE does not seem right, at minimum you should contact USCIS and explain the situation to them.
thanks for responding.
Yes, both these 140s are on the same labor certification.
I haven't received the actual RFE yet, just received an email from CRIS indicating that they need additional information.
I am going to contact my lawyer today and will find out what he thinks we should do. I completely agree with you, I should inform USCIS as well about the situation. I just don't know if situations like these are normal or not?
Do you have any other suggestion? Thanks again!
Whats the RFE about?
What does your lawyer say? Ignoring the RFE does not seem right, at minimum you should contact USCIS and explain the situation to them.
thanks for responding.
Yes, both these 140s are on the same labor certification.
I haven't received the actual RFE yet, just received an email from CRIS indicating that they need additional information.
I am going to contact my lawyer today and will find out what he thinks we should do. I completely agree with you, I should inform USCIS as well about the situation. I just don't know if situations like these are normal or not?
Do you have any other suggestion? Thanks again!
royu
07-23 04:44 PM
Hello belmontboy,
I see your PD is similar to me. My I-140 was approved in Mar-2008. I am worndering why your I-140 is not approved yet.
I see your PD is similar to me. My I-140 was approved in Mar-2008. I am worndering why your I-140 is not approved yet.