sunny1000
03-23 01:55 PM
smuggymba,
Old I-94 expiration date was January 3, 2010, and new I-94 started from October 18, 2010.
Ask your lawyer if you can get the I-94 corrected Nunc Pro Tunc.
MurthyDotCom : Nunc Pro Tunc H1B and H-4 Cases Approved (http://www.murthy.com/news/n_nunpro.html)
Good luck to you.
Old I-94 expiration date was January 3, 2010, and new I-94 started from October 18, 2010.
Ask your lawyer if you can get the I-94 corrected Nunc Pro Tunc.
MurthyDotCom : Nunc Pro Tunc H1B and H-4 Cases Approved (http://www.murthy.com/news/n_nunpro.html)
Good luck to you.
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champu
03-09 05:23 PM
Mr. MLK Jr,
You had a dream - at least you were sleeping. I wish I could sleep too:p
You had a dream - at least you were sleeping. I wish I could sleep too:p
puskeygadha
07-11 04:38 PM
I am in the same boat.
I think good idea will be to ask lawyer and seek opinion..
my fragomen lawyer said they do not have a clue on the timeline
I think good idea will be to ask lawyer and seek opinion..
my fragomen lawyer said they do not have a clue on the timeline
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dtekkedil
07-05 02:21 PM
by now everybody might have heard stories about how USCIS pulled staff and worked overtime and weekends to utilize the 60k visas in one month to prevent the july 485 filings.
What I am wondering is why did they do it. One obvious reason is the incresed fee comming into effect from July 30 2007. In addition to it what are the other reasons.
Is there any agenda within USCIS to prevent people from getting EAD and ac21 benefits?
Is USCIS filled with anti immgrant mentality who have takem upon themselves to make our lives difficult?
My guess is that this was done by the Bush Govt! So that there would be an outcry and he can get his CIR bill back into the senate. I hope it works!
What I am wondering is why did they do it. One obvious reason is the incresed fee comming into effect from July 30 2007. In addition to it what are the other reasons.
Is there any agenda within USCIS to prevent people from getting EAD and ac21 benefits?
Is USCIS filled with anti immgrant mentality who have takem upon themselves to make our lives difficult?
My guess is that this was done by the Bush Govt! So that there would be an outcry and he can get his CIR bill back into the senate. I hope it works!
more...
ajju
03-26 11:46 AM
why will it retrogate again? we will see forward movement. be +ve and optimistic.:)
It won't retrogress anytime soon... Logic/reasoning behind : don't ask ;-)
Reading all other forums and posts by gurus/experts.. my guts feeling is it will move further for few more months atleast...
It won't retrogress anytime soon... Logic/reasoning behind : don't ask ;-)
Reading all other forums and posts by gurus/experts.. my guts feeling is it will move further for few more months atleast...
Abhishika
12-18 07:24 AM
Hi All,
I am also in similar situation. My labor says title as "Programmer Analyst"
and I have an offer as a Database Administrator.
If I look for onetcenter I am not seeing a direct code for "Programmer Analyst" but I see
a) 15-1051.00 Computer Systems Analysts
Sample of reported job titles: Systems Analyst, Programmer Analyst, Computer Systems Consultant, Business Systems Analyst, Systems Engineer, Computer Specialist, Computer Systems Analyst, Data Processing Systems Analyst, Information Technology Consultant (IT Consultant), Information Technology Specialist
b) 15-1021.00 Computer Programmers
Sample of reported job titles: Programmer Analyst, Programmer, Computer Programmer, Software Developer, Internet Programmer, Web Programmer
And when I search for the database administrator, it gives
15-1061.00 Database Administrators
Sample of reported job titles: Database Administrator (DBA), Database Analyst, Database Coordinator, Database Programmer, Programmer Analyst, Systems Manager
So should we look at the sample of reported job titles? If thats the case all the above mentions programmer Analyst.
Appreciate ur inputs
Abhi
I am also in similar situation. My labor says title as "Programmer Analyst"
and I have an offer as a Database Administrator.
If I look for onetcenter I am not seeing a direct code for "Programmer Analyst" but I see
a) 15-1051.00 Computer Systems Analysts
Sample of reported job titles: Systems Analyst, Programmer Analyst, Computer Systems Consultant, Business Systems Analyst, Systems Engineer, Computer Specialist, Computer Systems Analyst, Data Processing Systems Analyst, Information Technology Consultant (IT Consultant), Information Technology Specialist
b) 15-1021.00 Computer Programmers
Sample of reported job titles: Programmer Analyst, Programmer, Computer Programmer, Software Developer, Internet Programmer, Web Programmer
And when I search for the database administrator, it gives
15-1061.00 Database Administrators
Sample of reported job titles: Database Administrator (DBA), Database Analyst, Database Coordinator, Database Programmer, Programmer Analyst, Systems Manager
So should we look at the sample of reported job titles? If thats the case all the above mentions programmer Analyst.
Appreciate ur inputs
Abhi
more...
kondur_007
07-30 08:31 PM
I am so confuse and cursing myself why did I leave US. My apartment, my car , my belongings every thing is back in US and I am stuck here
First of all, calm down. Everything will be just fine. If you stress out, you burn your own brain cells.
So my understanding is that if I file for CP then I would be asked to interview in home country for my GC and it could take long once again if it gets stuck in name check.
Yes, that is correct. If you file for CP, your approved I 140 gets forwarded to the consulate and then consulate will process it (if PD is current) and give you interview. They WILL do the name check and if it is not cleared for H1, it is not likely to be cleared for GC. so they will not give interview till your name check is cleared and PD is current.
But if I wait for H-1 name check clearance then I could enter to US and apply for I 485 and even if it takes longer than 6 months, I would get I 185 approved.
That is correct. There is not time limit after approval of I 140 to file 485. You can file it any time after I 140 is filed and if you are stuck there due to name check, you have a reason for the delay as well (just in case someone asks in future; but no one is supposed to ask it any way). So by all means you will be able to file 485 once you enter US on H1. It can be any amount of delay. The only things is; your PD needs to be current at that time.
The thing is I am not sure how long it would take to get my name check clearance so I am thinking of CP.
That is exactly why I said in the above post that that's the one thing you can do and who knows? may be name check gets cleared and if your PD is current and all stars are aligned well they may call you for interview for GC even before your H1 interview (although this is not very likely to happen!) but it would not hurt.
Another thing is that I am on unpaid leave for last 3 months. My company let me worked for first 6 months remotely but then asked me to take unpaid leave. Would it be an issue when I go for interview for CP.
Entirely unrelated question. To make it clear, let me ask you: Were you IN US during that 3 months unpaid leave and you were on H1?? in that case you were out of status for those three months. If that is the case, that might come in your way if they notice it. They may even deny H1 stamp on that basis. and they can raise that during CP interview as well. Talk to your lawyer. If this is the case, it may be safe to go through the route of first getting H1 stamp, come to US and file 485. (once you enter on a valid stamp, all prior out of status violations are sort of forgiven and so they will not create any problem at 485 stage)
Let's assume that if I get interview for CP after a year, wont they ask that I am not working for my current company so why are they doing CP for me.
You dont have to be working for the sponsoring employer at the time of either 485 approval or at the time of CP approval. All you need to have is a letter from employer that says, they will hire you permanently for the job described in your PERM on a permanent basis. That's it. And you and your employer should have good faith intention to do so once GC is approved. GC is for the future job.
And one more thing how long does it take generally to get interview once a person has applied for CP ??
I dont know the precise answer to this question. I think once they receive notification from DOS (which by itself takes few months); they do name check, local police clearance etc and once those things are in line, and your PD is current they will call you for the interview...this may be few months.
Good Luck.
First of all, calm down. Everything will be just fine. If you stress out, you burn your own brain cells.
So my understanding is that if I file for CP then I would be asked to interview in home country for my GC and it could take long once again if it gets stuck in name check.
Yes, that is correct. If you file for CP, your approved I 140 gets forwarded to the consulate and then consulate will process it (if PD is current) and give you interview. They WILL do the name check and if it is not cleared for H1, it is not likely to be cleared for GC. so they will not give interview till your name check is cleared and PD is current.
But if I wait for H-1 name check clearance then I could enter to US and apply for I 485 and even if it takes longer than 6 months, I would get I 185 approved.
That is correct. There is not time limit after approval of I 140 to file 485. You can file it any time after I 140 is filed and if you are stuck there due to name check, you have a reason for the delay as well (just in case someone asks in future; but no one is supposed to ask it any way). So by all means you will be able to file 485 once you enter US on H1. It can be any amount of delay. The only things is; your PD needs to be current at that time.
The thing is I am not sure how long it would take to get my name check clearance so I am thinking of CP.
That is exactly why I said in the above post that that's the one thing you can do and who knows? may be name check gets cleared and if your PD is current and all stars are aligned well they may call you for interview for GC even before your H1 interview (although this is not very likely to happen!) but it would not hurt.
Another thing is that I am on unpaid leave for last 3 months. My company let me worked for first 6 months remotely but then asked me to take unpaid leave. Would it be an issue when I go for interview for CP.
Entirely unrelated question. To make it clear, let me ask you: Were you IN US during that 3 months unpaid leave and you were on H1?? in that case you were out of status for those three months. If that is the case, that might come in your way if they notice it. They may even deny H1 stamp on that basis. and they can raise that during CP interview as well. Talk to your lawyer. If this is the case, it may be safe to go through the route of first getting H1 stamp, come to US and file 485. (once you enter on a valid stamp, all prior out of status violations are sort of forgiven and so they will not create any problem at 485 stage)
Let's assume that if I get interview for CP after a year, wont they ask that I am not working for my current company so why are they doing CP for me.
You dont have to be working for the sponsoring employer at the time of either 485 approval or at the time of CP approval. All you need to have is a letter from employer that says, they will hire you permanently for the job described in your PERM on a permanent basis. That's it. And you and your employer should have good faith intention to do so once GC is approved. GC is for the future job.
And one more thing how long does it take generally to get interview once a person has applied for CP ??
I dont know the precise answer to this question. I think once they receive notification from DOS (which by itself takes few months); they do name check, local police clearance etc and once those things are in line, and your PD is current they will call you for the interview...this may be few months.
Good Luck.
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kumarc123
01-15 12:17 PM
Hello All,
Out of curiosity, I called the congresswoman's office to ask if she would be re-sponsoring the visa recapture bill. The person on the phone asked me to call back next week, because at present she was considering about it.
Can we all try to call her office and request her to re sponsor this bill, as this will help the housing crisis.
I am posting a link, you all can call her office and even explain to the person about why this bill is so important. ( wait to be transferred to the specific person who handles immigration issues, don't talk to the phone operator as she would care less)
http://lofgren.house.gov/
Good Luck to all of us.
Out of curiosity, I called the congresswoman's office to ask if she would be re-sponsoring the visa recapture bill. The person on the phone asked me to call back next week, because at present she was considering about it.
Can we all try to call her office and request her to re sponsor this bill, as this will help the housing crisis.
I am posting a link, you all can call her office and even explain to the person about why this bill is so important. ( wait to be transferred to the specific person who handles immigration issues, don't talk to the phone operator as she would care less)
http://lofgren.house.gov/
Good Luck to all of us.
more...
REEF�
06-06 11:44 AM
The girl looks too blurry but nice :).
And I thought RED means EVIL and BLUE means GOOD :puzzle:?
And I thought RED means EVIL and BLUE means GOOD :puzzle:?
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smisachu
06-09 08:25 PM
Can you be more specific. In India you have 3 year diploma and then 4 year BE. The 4 year BE is same as 4 year BS here, plus the MS puts you in form for an EB2 category if the job requires a MS.
If my post helped, please contribute to IV. You have just entered the mess, support IV and help yourself get out of this mess soon. Best of luck.
Hello All,
I was reading at some of the posts in this forum and they seem to have been quiet helpful.
My company has decided to go ahead with my GC process.
Its in the very early stage, but my immigration specialist gave me a heads up regarding something.
She said, that as I have a 3 yrs BE degree the USCIS may not recognize me under EB2 category :confused: So I explained her the education system in India, but she said that it depends upon the Credential Evaluation Agency which will process my educational qualification and prepare a report and submit it to USCIS.
Following this USCIS will make a decision whether to grant EB2 or EB3 category.
I am sure many of the members may have faced a similar Dilemma....Is there any specific solution to this?
To be precise I completed my Diploma from Mumbai & Degree from Pune University, followed by MS in US and currently working on H1B.
Please Advice.
Thanks,
Shakti
If my post helped, please contribute to IV. You have just entered the mess, support IV and help yourself get out of this mess soon. Best of luck.
Hello All,
I was reading at some of the posts in this forum and they seem to have been quiet helpful.
My company has decided to go ahead with my GC process.
Its in the very early stage, but my immigration specialist gave me a heads up regarding something.
She said, that as I have a 3 yrs BE degree the USCIS may not recognize me under EB2 category :confused: So I explained her the education system in India, but she said that it depends upon the Credential Evaluation Agency which will process my educational qualification and prepare a report and submit it to USCIS.
Following this USCIS will make a decision whether to grant EB2 or EB3 category.
I am sure many of the members may have faced a similar Dilemma....Is there any specific solution to this?
To be precise I completed my Diploma from Mumbai & Degree from Pune University, followed by MS in US and currently working on H1B.
Please Advice.
Thanks,
Shakti
more...
dvb
07-28 02:24 PM
Your Payments When You Are Outside The United States (http://ssa.gov/international/countrylist4.htm) ??? What does this mean .... looks like you can claim benefits.
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bluez25
07-16 04:24 PM
I did submit through mail when I applied last year and it took for ever. My personnel preference DO NOT try that option. They atleast need 45 to 60 days for the PCC to be issued.
more...
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Dhundhun
06-01 08:53 PM
I just happened to see a copy of my labor approval. My current salary is less than the salary mentioned in labor approval. Do you know whether it is legally valid?. My salary is as per the LCA for H1.
If GC LCA salary is more than it is well planned by the employer. If you run away, at the time of GC you need to show a job with that higher salary other wise you may loose GC.
Usually GC LCA salary is kept low. If some mishap happen, is will be easier to find a job with lower salary.
If GC LCA salary is more than it is well planned by the employer. If you run away, at the time of GC you need to show a job with that higher salary other wise you may loose GC.
Usually GC LCA salary is kept low. If some mishap happen, is will be easier to find a job with lower salary.
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vnsriv
10-08 02:14 PM
i think you didn't get me,here is my question , if a person got married after applying i-485 and not able include his wife due to PD current date issue before his GC got approved, is there any way to get out from this situation , please let me know you one
Your sentences are confusing. Please no offense.
You can file your wife's I-485(derivative adjustment) once the PD is current. So just relax and keep on looking Visa Bulletin every month to check if the priority dates are current.
My case : got GC on June. Filed wife's case in June and she has an EAD.
All the best.
Your sentences are confusing. Please no offense.
You can file your wife's I-485(derivative adjustment) once the PD is current. So just relax and keep on looking Visa Bulletin every month to check if the priority dates are current.
My case : got GC on June. Filed wife's case in June and she has an EAD.
All the best.
more...
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admesystems
01-11 07:20 PM
I485 through Marriage pending for NC.
I was out of status more than a year when I got married.
Can I apply for advance parole?
Does anyone know anything about it?
anyone?
I was out of status more than a year when I got married.
Can I apply for advance parole?
Does anyone know anything about it?
anyone?
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gg_ny
07-31 09:54 PM
gg_ny/others,
1) My h1 and my wife's h4 are pending extensiosn with CSC. Will her H4 extension adjuducation be affected by her converting to EAD ?
2) gg-ny, can you eloborate on this please?
(have to file new I9 and specify how you could work) . Do you mean she has to file for a new I-94 ? How to go abaout doing it.
Thanks for your responses.
Sendil
Hi,
I am not a lawyer and the disclaimer byothers holds good for me too: please check with a lawyer. This is from what i understand from my experience and a few others' I am familiar with:
1) unless you USE your EAD, H1 or H4 status wouldn't be affected
2) the same for AP. That means, you can get these documents if you are eligible. That means, you are exploiting the dual intent of H visa to the fullest. And the buck stops there.
3) contrary to what is said in a few mails here in this list, if you actually use EAD or AP you become someone waiting for AOS and/or a parolee. Because, EAD is a privelege under AOS process not linked to H process. The same with AP
4)When your status changes(H to EAD) I believe you aer supposed to fill in new I9 form. I haven't had a need to do so until now; i believe the actual implementation of this is not so much enforced by BCIS but it is the
applicant's responsibility to do so, like AR11 or address changes. But I think it is a necessity as if you choose to do a second job, your papers would be on order and in sync with you and your first employer. the basic tenet is you cannot be in two status in a given time
5) if your application is pending (for H1 or H4), and you start using EAD that means, even after adjudication, your H1 or H4 approval becomes void as
it would be providing you a status not needed by you or a status which you have chosen not to maintain. This is nothing to do with dual intent as it ends with filing for the documents; this is acually maintenance of status. Since H to EAD/AP is an one way path, you cannot file H1 and while waiting for the approval, work on EAD- then change status to H1 when you get it. To do so, one has to file new H1 application.
6) while waitnig for H approval, if you take on EAD, the H approval paper is as useless as an outdated visa. You can keep it as a memento ;-)
7) there are two nightmare situations I have heard of: 1) EAD extension is a vicious cycle and you need to be always current on your EAD 2) for some reason, if AOS application suffers then EAD becomes null and void; technically the person can be subjected to deportation. There are legal procedures to avoid or delay this but I can't say anything about it.
Please remember that my experience and understanding is limited compared to many in the list and if you are paying for a lawyer, make him or her work for it.
1) My h1 and my wife's h4 are pending extensiosn with CSC. Will her H4 extension adjuducation be affected by her converting to EAD ?
2) gg-ny, can you eloborate on this please?
(have to file new I9 and specify how you could work) . Do you mean she has to file for a new I-94 ? How to go abaout doing it.
Thanks for your responses.
Sendil
Hi,
I am not a lawyer and the disclaimer byothers holds good for me too: please check with a lawyer. This is from what i understand from my experience and a few others' I am familiar with:
1) unless you USE your EAD, H1 or H4 status wouldn't be affected
2) the same for AP. That means, you can get these documents if you are eligible. That means, you are exploiting the dual intent of H visa to the fullest. And the buck stops there.
3) contrary to what is said in a few mails here in this list, if you actually use EAD or AP you become someone waiting for AOS and/or a parolee. Because, EAD is a privelege under AOS process not linked to H process. The same with AP
4)When your status changes(H to EAD) I believe you aer supposed to fill in new I9 form. I haven't had a need to do so until now; i believe the actual implementation of this is not so much enforced by BCIS but it is the
applicant's responsibility to do so, like AR11 or address changes. But I think it is a necessity as if you choose to do a second job, your papers would be on order and in sync with you and your first employer. the basic tenet is you cannot be in two status in a given time
5) if your application is pending (for H1 or H4), and you start using EAD that means, even after adjudication, your H1 or H4 approval becomes void as
it would be providing you a status not needed by you or a status which you have chosen not to maintain. This is nothing to do with dual intent as it ends with filing for the documents; this is acually maintenance of status. Since H to EAD/AP is an one way path, you cannot file H1 and while waiting for the approval, work on EAD- then change status to H1 when you get it. To do so, one has to file new H1 application.
6) while waitnig for H approval, if you take on EAD, the H approval paper is as useless as an outdated visa. You can keep it as a memento ;-)
7) there are two nightmare situations I have heard of: 1) EAD extension is a vicious cycle and you need to be always current on your EAD 2) for some reason, if AOS application suffers then EAD becomes null and void; technically the person can be subjected to deportation. There are legal procedures to avoid or delay this but I can't say anything about it.
Please remember that my experience and understanding is limited compared to many in the list and if you are paying for a lawyer, make him or her work for it.
more...
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purplehazea
05-02 02:04 PM
Dude get a good attorney, I mean even if someone gives you advice here, we are just rookies!
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andhrawala
11-18 01:49 PM
Hi GCInLimbo,
I also did the same thing what you did. I applied for my h1 extension and as it was pending for the last 6 months I joined a different employer by filing a new H1B (Approved after premium processing). So, I was without any approved H1 for 6 months (basically maintained legal status on pending H1).
Now, my old employer reverted the pending H1B as I left the company.
I also applied for my I-485 with my old employer in 2007, but I have not received NOID so far. Looking at your case I may also get a NOID.
Please update me of how are you proceeding with your case.
Thanks,
I also did the same thing what you did. I applied for my h1 extension and as it was pending for the last 6 months I joined a different employer by filing a new H1B (Approved after premium processing). So, I was without any approved H1 for 6 months (basically maintained legal status on pending H1).
Now, my old employer reverted the pending H1B as I left the company.
I also applied for my I-485 with my old employer in 2007, but I have not received NOID so far. Looking at your case I may also get a NOID.
Please update me of how are you proceeding with your case.
Thanks,
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ameryki
09-23 07:59 PM
i am waiting for response from my lawyer in atlanta. i was wondering if people have gone through similar situation where they take a promotion with same employer or change jobs. Since AC21 leaves a lot of room for interpretation, it would be helpful to know past cases.
thanks
mate i took a promotion even before applying for 485. if you are in a similar role with at least 50% of your new job duties the same as what your labor certification states you should have no problems.
thanks
mate i took a promotion even before applying for 485. if you are in a similar role with at least 50% of your new job duties the same as what your labor certification states you should have no problems.
gemini23
07-27 03:21 PM
thanks for all the answers.
ramaonline
07-15 02:10 PM
You can still work on EAD and maintain your H4 as long as you do not go out of the country. If you go out and enter on AP, then you switch back to AOS, no reporting to USCIS is necessary. But if you can still file I-539 and switch back to H4 again.
But on H4 you can still work on EAD, while maintaining your H4 status.
H4 status ends the moment you start using EAD for employment. You would need to use AP for travel and re-entry.
But on H4 you can still work on EAD, while maintaining your H4 status.
H4 status ends the moment you start using EAD for employment. You would need to use AP for travel and re-entry.
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