GCSOON-Ihope
11-04 10:02 PM
How often does a denial happen in a case of H1 "transfer"? Do you know? Why would a transfer be denied?
How often is an H1 denied? I have no idea but it happened to me...twice!
The first time, the attorney screwed up. The company fired him ...and me as well since I was then out of status (long story that I will post someday, maybe...):mad: Second time, I never knew the details but the company appealed... and won.
All that can happen on any type of application of course. Everybody makes mistakes, and even without mistakes, no approval can never be guaranteed in advance.:(
How often is an H1 denied? I have no idea but it happened to me...twice!
The first time, the attorney screwed up. The company fired him ...and me as well since I was then out of status (long story that I will post someday, maybe...):mad: Second time, I never knew the details but the company appealed... and won.
All that can happen on any type of application of course. Everybody makes mistakes, and even without mistakes, no approval can never be guaranteed in advance.:(
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MCQ
05-05 01:24 PM
You need to wait until you have submitted your I-485, and to be on the safe side, got an EAD. The can write these things for pleasure all you want, but the minute you try to sell them - then it's 'Work' and you can only work in the US for the people that sponsored your H1-B.
Sorry
McQ
Sorry
McQ
Carl2k
11-03 01:34 AM
Im interested. Need time to fill up. Pulling my hair out with all this free time of mine.
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xbohdpukc
03-11 09:58 AM
But the point is - Has he/she said it can not be done at I-485?:confused:
To my best knowledge the PD is set at the I-140 stage. As a matter of fact, there's a field in the administrative part of that form where the PD is stated. Short of saying that it wouldn't be possible to claim an earlier PD at the I-485 stage I would assume that your lawyer should jump much more loops to get you an earlier PD then.
To my best knowledge the PD is set at the I-140 stage. As a matter of fact, there's a field in the administrative part of that form where the PD is stated. Short of saying that it wouldn't be possible to claim an earlier PD at the I-485 stage I would assume that your lawyer should jump much more loops to get you an earlier PD then.
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crazy_gc
07-22 08:03 AM
application 485 - Part 2 Application type
8 options given a. to h.
based on my understanding for an EB application i should check on option a. an immigrant petition giving me an immediately available immigrant visa number has beenapproved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile orspecial immigrant military visa petition filed with this application that will give you animmediately available visa number, if approved.)
application 131 - Part 2 Application type
6 options given a. to f.
based on my understanding for an EB application i should check on option
d. I am applying for an advance parole document to allow me to return to the United States after temporary foreign travel.
Pls advise
8 options given a. to h.
based on my understanding for an EB application i should check on option a. an immigrant petition giving me an immediately available immigrant visa number has beenapproved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile orspecial immigrant military visa petition filed with this application that will give you animmediately available visa number, if approved.)
application 131 - Part 2 Application type
6 options given a. to f.
based on my understanding for an EB application i should check on option
d. I am applying for an advance parole document to allow me to return to the United States after temporary foreign travel.
Pls advise
chanduv23
01-09 05:20 PM
Try asking an Attorney and see if your wife can invalidate her h4 status by traveling and re-entering through AP at POE?
A quick trip to Canada can solve this problem?
This is not an advice, as I am not sure if this would work, but talk to a lawyer or as some suggested try another DMV.
A quick trip to Canada can solve this problem?
This is not an advice, as I am not sure if this would work, but talk to a lawyer or as some suggested try another DMV.
more...
Bush
03-10 10:33 PM
URGENT -
I already have approved I-140 in eb3/Sept 2002. I am substituting a labor (EB2) - if approved I would be able to apply for I-485 right away.
My Lawyer has advised to apply I-140 as it is for EB2. (which means no reference to earlier eb3 PD ) And upon its approval during I-485 application, request for earlier PD. In fact, as per him - only reference I need is to seek eligibility for I-485 application. Which is true but shouldn�t I-140 which is basis of I-485 application should show eligible PD.
Please let me know yr opinion.
As per my attorney it should be during the time of 140 you have to apply along with a copy of old PD.
Now I am not sure.
I already have approved I-140 in eb3/Sept 2002. I am substituting a labor (EB2) - if approved I would be able to apply for I-485 right away.
My Lawyer has advised to apply I-140 as it is for EB2. (which means no reference to earlier eb3 PD ) And upon its approval during I-485 application, request for earlier PD. In fact, as per him - only reference I need is to seek eligibility for I-485 application. Which is true but shouldn�t I-140 which is basis of I-485 application should show eligible PD.
Please let me know yr opinion.
As per my attorney it should be during the time of 140 you have to apply along with a copy of old PD.
Now I am not sure.
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sparky_jones
05-07 08:28 PM
My brother moved jobs early last year. He filed AC21 and got an RFE immediately.
The move was parallel in job function and the pay was good.
They replied to the RFE and then never heard back. In these economic times, USCIS
is scrutinizing every doc that gets filed.
Just an experience....
What did they ask for in the RFE?
The move was parallel in job function and the pay was good.
They replied to the RFE and then never heard back. In these economic times, USCIS
is scrutinizing every doc that gets filed.
Just an experience....
What did they ask for in the RFE?
more...
admin
01-29 11:50 AM
Earlier many of us were happy that as per AILA's report, the effect of retrogression might be significantly reduced. Now lawyer Mathew Oh has come out with the some analysis as to why this exuberance might be showtlived and why we need to fight for legislative reform with respect to Employment Based Green Cards. So remember "It aint over till its over".
Here is an excerpt of his analysis from http://www.immigration-law.com/
The State Department's new prediction is derived from two changed circumstances. One is the slow-down of I-485 adjudications by the USCIS and the resultant decrease of the EB visa numbers demand on the part of the USCIS. The second factor is the delays in processing of the old labor certification cases in the Backlog Eliminination Centers of the DOL. It is not clear what has caused the decreased visa number demand from the USCIS EB-485 proceedings, but it may have something to do with the on-going reengineering of the USCIS processing and adjudication system. As for the Backlog Elimination Centers, they have yet to complete the ground work of data entry and 45-day letters, before they can focus on adjudication of the backlog applications. Currently, the USCIS is scheduled to complete the reengineering by the end of September 2006 and the DOL is scheduled to complete the ground work of data entries and 45-day letter processing by approximately the end of June 2006. As we reported earlier, a substantial number of these BEC cases are known to be 245(i) cases, meaning that the cases were filed in traditional regular application type of EB-3 in most cases on or before April 30, 2001. A substantial number of these cases have yet to go through the "supervised" recruitment process to complete the labor certification processing and it will take a substantial period of time before these cases will move into the USCIS I-485 processing system.
From the foregoing analysis, one can predict that the big winners of the new prediction may include (1) those old priority date I-485 cases pending before the USCIS including 245(i) cases which may be approved within next several months; (2) those old priority date I-140 cases pending before the USCIS which may at least move into the I-485 phase and getting the benefits of EAD, AP, and AC 21 change of employment eligibility; and (3) those old priority date backlog labor certification cases which can move into the I-140/I-485 concurrent filing phase upon approval of the delayed backlog labor certification processing with the ancillary benefits that come along with the filing of I-485 applications such as EAD, AP, and AC-21 change of employment benefits. It is anticipated that the cases under the foregoing (3) may remain very limited in numbers due to the BEC processing delays.
The real losers may turn out to be those with late priority dates. Once the USCIS reengineering work is completed by the end of this fiscal year and the BECs start processing backlog cases en masse around the end of this fical year, the stream of visa number demand will move into the State Department visal allocation system. The pressure to the allocation system will mount tremendously as time passes, and unless the Comprehensive Immigration Reform legislation brings a cure to the current ailing immigrant visa quota system within this year, it is likely that these late priority date cases may experience tremendous difficulties due to the stand-still or further retrogression of the visa numbers and the resultant unavailability of the ancillary benefits of EAD, AP, and AC 21 change of employment opportunities. It is anticipated that the real crisis may be witnessed beginning the end of this calendar year as by that time it is anticipated that the BECs are expected to pump out certifications of backlog cases.
It is thus obvious that the new prediction of the State Department can turn out to be a short-lived relief for a limited number of immigrants and a sign of foreseeable dark cloud and storm moving into the visa number system for most of the immigrants. The only answer to the clogged employment-based immigration system lies with the reform of the employment-based immigrant quota allocation system and related reform, including but not limited to (1) dependants immigration without taking out visa numbers from the employment-based quota system and (2) eligibility of I-485 applications for those who attained the labor certification approvals or I-140 petitions even during the period of visa number unavailability. For these reasons, the immigrant community should not stop its efforts to bring back (1) the legislative proposals which were reflected in the failed Section 8001 and 8002 of S. 1932 and (2) the adjustment of EB-immigrant quota substantially upward as reflected in the McCain-Kennedy bill.
Here is an excerpt of his analysis from http://www.immigration-law.com/
The State Department's new prediction is derived from two changed circumstances. One is the slow-down of I-485 adjudications by the USCIS and the resultant decrease of the EB visa numbers demand on the part of the USCIS. The second factor is the delays in processing of the old labor certification cases in the Backlog Eliminination Centers of the DOL. It is not clear what has caused the decreased visa number demand from the USCIS EB-485 proceedings, but it may have something to do with the on-going reengineering of the USCIS processing and adjudication system. As for the Backlog Elimination Centers, they have yet to complete the ground work of data entry and 45-day letters, before they can focus on adjudication of the backlog applications. Currently, the USCIS is scheduled to complete the reengineering by the end of September 2006 and the DOL is scheduled to complete the ground work of data entries and 45-day letter processing by approximately the end of June 2006. As we reported earlier, a substantial number of these BEC cases are known to be 245(i) cases, meaning that the cases were filed in traditional regular application type of EB-3 in most cases on or before April 30, 2001. A substantial number of these cases have yet to go through the "supervised" recruitment process to complete the labor certification processing and it will take a substantial period of time before these cases will move into the USCIS I-485 processing system.
From the foregoing analysis, one can predict that the big winners of the new prediction may include (1) those old priority date I-485 cases pending before the USCIS including 245(i) cases which may be approved within next several months; (2) those old priority date I-140 cases pending before the USCIS which may at least move into the I-485 phase and getting the benefits of EAD, AP, and AC 21 change of employment eligibility; and (3) those old priority date backlog labor certification cases which can move into the I-140/I-485 concurrent filing phase upon approval of the delayed backlog labor certification processing with the ancillary benefits that come along with the filing of I-485 applications such as EAD, AP, and AC-21 change of employment benefits. It is anticipated that the cases under the foregoing (3) may remain very limited in numbers due to the BEC processing delays.
The real losers may turn out to be those with late priority dates. Once the USCIS reengineering work is completed by the end of this fiscal year and the BECs start processing backlog cases en masse around the end of this fical year, the stream of visa number demand will move into the State Department visal allocation system. The pressure to the allocation system will mount tremendously as time passes, and unless the Comprehensive Immigration Reform legislation brings a cure to the current ailing immigrant visa quota system within this year, it is likely that these late priority date cases may experience tremendous difficulties due to the stand-still or further retrogression of the visa numbers and the resultant unavailability of the ancillary benefits of EAD, AP, and AC 21 change of employment opportunities. It is anticipated that the real crisis may be witnessed beginning the end of this calendar year as by that time it is anticipated that the BECs are expected to pump out certifications of backlog cases.
It is thus obvious that the new prediction of the State Department can turn out to be a short-lived relief for a limited number of immigrants and a sign of foreseeable dark cloud and storm moving into the visa number system for most of the immigrants. The only answer to the clogged employment-based immigration system lies with the reform of the employment-based immigrant quota allocation system and related reform, including but not limited to (1) dependants immigration without taking out visa numbers from the employment-based quota system and (2) eligibility of I-485 applications for those who attained the labor certification approvals or I-140 petitions even during the period of visa number unavailability. For these reasons, the immigrant community should not stop its efforts to bring back (1) the legislative proposals which were reflected in the failed Section 8001 and 8002 of S. 1932 and (2) the adjustment of EB-immigrant quota substantially upward as reflected in the McCain-Kennedy bill.
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sanan
06-04 08:15 AM
PD July 2002
no update yet! Although I know atleast one person on another forum got an email on day 1 (June 1st) that his was approved! That sucked for him coz he didn't get any time to file for his wife!:(
no update yet! Although I know atleast one person on another forum got an email on day 1 (June 1st) that his was approved! That sucked for him coz he didn't get any time to file for his wife!:(
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shantanup
11-05 02:14 PM
I find it difficult to digest that parents ship their infant children to someone else to raise.
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tabletpc
03-16 05:47 PM
My company informed me today that, when spouse is added to the insurence, the insurence will start from day 1 of next month. My wife will be comming in the middle of month. How to cover this gap with insurence...?? Any suggestions...????
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jthomas
01-08 07:10 AM
Logically, one cannot do a job when they are in H4 visa. But if you are keen on doing a business in H4 visa, check the county rules. I don't think some countys are strict on the status of immigration.
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gcformeornot
07-09 07:27 AM
join. I have seen so many friends working daytime at US clients and co-ordinating offshore work to these companies in nighttime and WEs. Plus their projects are mostly short term.... they move you a lot.....
GC processing policies are restricted to only very few Key account managers and marketing managers...
GC processing policies are restricted to only very few Key account managers and marketing managers...
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nashim
08-14 03:26 PM
After seeing this type of RFE, it looks like IO comes under EB10 category but fortunately/ unfortunately EB10 does not exist that’s why they fall under citizen category.
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uslegals
08-20 09:42 PM
GCOrNoGC - what do u mean by PM's..? I have not recd. anything from u.!
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Dhundhun
04-29 06:19 PM
Dhundhun, If you saved a copy of mailed check, Please look for any technical errors like amount in words/figures . Also check for whom it was written ( They demand it to be written for: US Department of Homeland Security) not abbreviations DHS or so.
Duplicate filing may be okay but may involve stop payment of check n withdrawal of 'right' application -- may create a kinda confusion if it is already in process missing on-line updates. Unfortunately, we are always on the receiving end..
BTW: mine was delivered at Phoenix,AZ on 4/12, checks cashed on 4/23 and I received RN yesterday, it is late but most are getting in 2-3 wks time.
Thanks Gbof. I remember of writing check correctly.
Duplicate filing may be okay but may involve stop payment of check n withdrawal of 'right' application -- may create a kinda confusion if it is already in process missing on-line updates. Unfortunately, we are always on the receiving end..
BTW: mine was delivered at Phoenix,AZ on 4/12, checks cashed on 4/23 and I received RN yesterday, it is late but most are getting in 2-3 wks time.
Thanks Gbof. I remember of writing check correctly.
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suren
10-08 10:04 AM
My wifes H1b also expired and she is dependent on I 485. She has valid EAD. wht is the present status of her. Is she able to apply for H1b or not.
Please let me know.
Thanks for your help
Please let me know.
Thanks for your help
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raysaikat
06-22 10:47 AM
For I-485 Applicant, it is not of much significance.
At POE, AP is stamped for one year (with I-94), but when it expires, it does not matter. One can continue working on H1 or EAD. And if someone is in USA on H4 (and not working on EAD) also remains in vaild status.
So there should not be any reason to worry, however, as suggested by "kshitijnt" better to get in touch with USCIS and let them do corrective action as required.
Please post your experience afterwards.
S/he has to have an unexpired I-94 to stay in the country. It is not about AP or EAD.
At POE, AP is stamped for one year (with I-94), but when it expires, it does not matter. One can continue working on H1 or EAD. And if someone is in USA on H4 (and not working on EAD) also remains in vaild status.
So there should not be any reason to worry, however, as suggested by "kshitijnt" better to get in touch with USCIS and let them do corrective action as required.
Please post your experience afterwards.
S/he has to have an unexpired I-94 to stay in the country. It is not about AP or EAD.
eyeopeners05@yahoo.com
04-30 01:26 PM
So, does that mean i can use AC 21 ? What problems if any should i expect in ac21 transfer ?
virtual55
07-17 01:57 PM
Not a single contribution by anyone....
I think CORE and all active members should shut this website down right now and let all the non paying members feel the misery without this site...
That's why we need paid website, so info can be passed to only paid members who are really serious about these issues
and people like AILA will not have our info.
http://immigrationvoice.org/forum/showthread.php?t=5997&highlight=paid+website
I think CORE and all active members should shut this website down right now and let all the non paying members feel the misery without this site...
That's why we need paid website, so info can be passed to only paid members who are really serious about these issues
and people like AILA will not have our info.
http://immigrationvoice.org/forum/showthread.php?t=5997&highlight=paid+website
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