maresco10
04-17 12:06 PM
As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have gave me a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase. Since I will have to wait until my residence at least 3 more years, that means that I will have to work on these conditions for 8 or 9 years.!!!!
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
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milind70
04-01 05:58 PM
Folks,
I checked my status online today (4/1/2008) and this is what it says:
"On December 13, 2007, the post office returned the notice we last sent you on this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent."
I had subscribed to email notification, but I didn't get any email in december :confused: . It has been 3.5 months since that notice.. So I am little tensed.
My Situation:
PD - Feb-2005
Labor - Approved
I-140 - Approved
I-485 - Address mistake, filed the address correction on 9/18/2008 and got the confirmation in the mail that the address was changed.
I immediately called the number listed and opened a SR for this. The CSR said he cannot look at my file to see what address is listed. I am not sure how I can get to a Level 2 IO ?
So I am not sure, what notice was sent and where ? Is there anything else I can do ? Will InfoPass help ?
I am thinking that it might be the FP appointment but I am not sure.
-Bipin
I and my wife had applied online for our EADs in Nov2007 , we got our EAD RN in a week time but in Jan i got FP notice for EAD and Jan 19 2008 my EAD got approved and mailed as per the online status , but when i checked for my wifes status it said notice returned undeliverable . My wife wrote to to the service centre with copies of her 485 FP, EAD RN which had the same address as well as a copy of the EAD application showing the same address as well as to the local Post Office as to why this was returned as undeliverable when all the other notices were fine . We did fedex these applications overnight and two days the online status changed as card approved and she got her EAD on Jan 30th or so.
I would suggest if this is a mistake of USPS who have returned the notice even though the address is correct write to USCIS with copies of earlier notices with the same address and request them to resend and to USPS asking as to why the notice was returned as underlivered where as earlier other notices were delivered.
It worked for us , we did not get into the hassle of calling Customer Support and taking infopass and going to Local office as these are pretty cumbersome and time consuming. It did cost us 14 dollars for express mail via USPS but apart from that it was fine and it worked. Hope our experience helps
I checked my status online today (4/1/2008) and this is what it says:
"On December 13, 2007, the post office returned the notice we last sent you on this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent."
I had subscribed to email notification, but I didn't get any email in december :confused: . It has been 3.5 months since that notice.. So I am little tensed.
My Situation:
PD - Feb-2005
Labor - Approved
I-140 - Approved
I-485 - Address mistake, filed the address correction on 9/18/2008 and got the confirmation in the mail that the address was changed.
I immediately called the number listed and opened a SR for this. The CSR said he cannot look at my file to see what address is listed. I am not sure how I can get to a Level 2 IO ?
So I am not sure, what notice was sent and where ? Is there anything else I can do ? Will InfoPass help ?
I am thinking that it might be the FP appointment but I am not sure.
-Bipin
I and my wife had applied online for our EADs in Nov2007 , we got our EAD RN in a week time but in Jan i got FP notice for EAD and Jan 19 2008 my EAD got approved and mailed as per the online status , but when i checked for my wifes status it said notice returned undeliverable . My wife wrote to to the service centre with copies of her 485 FP, EAD RN which had the same address as well as a copy of the EAD application showing the same address as well as to the local Post Office as to why this was returned as undeliverable when all the other notices were fine . We did fedex these applications overnight and two days the online status changed as card approved and she got her EAD on Jan 30th or so.
I would suggest if this is a mistake of USPS who have returned the notice even though the address is correct write to USCIS with copies of earlier notices with the same address and request them to resend and to USPS asking as to why the notice was returned as underlivered where as earlier other notices were delivered.
It worked for us , we did not get into the hassle of calling Customer Support and taking infopass and going to Local office as these are pretty cumbersome and time consuming. It did cost us 14 dollars for express mail via USPS but apart from that it was fine and it worked. Hope our experience helps
senthil
02-07 08:48 AM
folks - this is what ive been told.
we can file the spouse details and the mariage proof - for AOS ( I forgot the form number ) if you are married but you cant get your spouse into US for some reason. EG you have invoked AC21 using your EAD. which means you have lost H1B and there is NO H4 in scope. So unless you get your GC you cant bring.
In my case, I was on H1B when i got married, ( already filed 485 too before marriage, but did not use EAD till date ) so I could bring my spouse on H4. But the problem is there is no way you could add your spouse to my AOS process, unless my priority dates are current.
hope this helps. do you guys have any suggestions / questions
we can file the spouse details and the mariage proof - for AOS ( I forgot the form number ) if you are married but you cant get your spouse into US for some reason. EG you have invoked AC21 using your EAD. which means you have lost H1B and there is NO H4 in scope. So unless you get your GC you cant bring.
In my case, I was on H1B when i got married, ( already filed 485 too before marriage, but did not use EAD till date ) so I could bring my spouse on H4. But the problem is there is no way you could add your spouse to my AOS process, unless my priority dates are current.
hope this helps. do you guys have any suggestions / questions
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Winner
02-24 11:52 AM
Recently we are seeing lot of people with new id without completing profile they are able to start new thread. What if admin enforced new user to fill the personnel information and then only they can post on this web site. More importantly some key massages\important issues get berried in active forums due to above issue.
Even going further we can put trial period for new users for 15 days .If they have any questions just pay 5-10 $ and get active in forum there answers will be provided by all our valued/all star members (most green as per rank) in this way we get more revenue and members get valued advice.
I’m not sure about "pay to post" idea, but I’ve one more suggestion.
I see many offensive/ill-mannered posts/replies in the forums; this is bound to happen if we let members to be anonymous. I would suggest a verification process in which any new member should provide his phone # and state leader/volunteer can call the person and then grant them access then we can have a healthy debates and discussions.
Now I understand that this will put more burden on the volunteers and state leaders who are spending their personal time to help all of us. I can take care of this task for Texas.
Even going further we can put trial period for new users for 15 days .If they have any questions just pay 5-10 $ and get active in forum there answers will be provided by all our valued/all star members (most green as per rank) in this way we get more revenue and members get valued advice.
I’m not sure about "pay to post" idea, but I’ve one more suggestion.
I see many offensive/ill-mannered posts/replies in the forums; this is bound to happen if we let members to be anonymous. I would suggest a verification process in which any new member should provide his phone # and state leader/volunteer can call the person and then grant them access then we can have a healthy debates and discussions.
Now I understand that this will put more burden on the volunteers and state leaders who are spending their personal time to help all of us. I can take care of this task for Texas.
more...
sky7
07-28 10:02 AM
I was reading some latest info about I140 & I140 Premium Processing at
http://www.murthy.com/bulletin.html
it stated
In order to be eligible for the three-year extension, the H1B worker must be the beneficiary of an approved I-140 petition and the case must be subject to retrogression (nonavailability of visa numbers).
So say I got approved I140, but since i am as of now..not subject to retrogression (I am not from India/China, my EB2 is current - PD 9/2002), then I won't be eligible for 3-yr H1B extension???? :eek:
Anyone knows?
Thanks..
http://www.murthy.com/bulletin.html
it stated
In order to be eligible for the three-year extension, the H1B worker must be the beneficiary of an approved I-140 petition and the case must be subject to retrogression (nonavailability of visa numbers).
So say I got approved I140, but since i am as of now..not subject to retrogression (I am not from India/China, my EB2 is current - PD 9/2002), then I won't be eligible for 3-yr H1B extension???? :eek:
Anyone knows?
Thanks..
pmb76
09-05 09:30 PM
I finally got my AP, 15 days after my EAD (100 days total) . I was happy to open the packet, until this......
THEY SENT ME MY AP WITH SOMEONE ELSE'S PICTURE!!!!!!!
Everything else is Correct (address, DOB, A# etc...)
GURUS, please advise what should I do...... I am so pissed!!!!! Thankfully my EAD has the correct pic.... I had done an E-file....June 7th and my previous AP expires Sept 20
Do ypu remember that Seinfeld episode where Costanza airbrushes off himself from the picture in Kruger's office. You could try something similar.. Just kidding :D. My sympathies are with you dear friend. Murphy's law always holds true when it comes to dealing with USCIS.
THEY SENT ME MY AP WITH SOMEONE ELSE'S PICTURE!!!!!!!
Everything else is Correct (address, DOB, A# etc...)
GURUS, please advise what should I do...... I am so pissed!!!!! Thankfully my EAD has the correct pic.... I had done an E-file....June 7th and my previous AP expires Sept 20
Do ypu remember that Seinfeld episode where Costanza airbrushes off himself from the picture in Kruger's office. You could try something similar.. Just kidding :D. My sympathies are with you dear friend. Murphy's law always holds true when it comes to dealing with USCIS.
more...
sodh
07-24 10:17 PM
Thanks for the responses.
I have the affidavits and the birth certificate with me. The problem is with the misspelled names on those when compared to my passport.
Get an affidavit signed by a magistrate from your country which has the corrected names, the Lawyers will have the format for that.
I have the affidavits and the birth certificate with me. The problem is with the misspelled names on those when compared to my passport.
Get an affidavit signed by a magistrate from your country which has the corrected names, the Lawyers will have the format for that.
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GCBy3000
09-25 02:33 PM
If this is derivative, then how come H1 obtained should be counted towards H4. H1 is standalone and should not be counted.
Again, my wife is on H4 for 6 years and I did not get into 485 stage. Now she wants to go to India and come back after a one year break. If she comes back after a year on new H1, it would be fine for her. If she come back on H4, can she get a H1 after one year?
Any idea, whether this is possible?
I'm not a lawyer, but my assumption would be that this is cannot be changed by an USCIS memo. Why? Because H4 is simply a derivative status which means that it obeys all the rules pertinent to the primary beneficiary's status plus additional restrictions imposed to the particular classification by law. H status is restricted to 6 year continuous presence in the US.
It would be helpful to find the definition of a derivative status; INA does not provide such definition, but I'm sure they wouldn't be using these words loosely without a proper definition.
So my guess would be is that the answer to the question of "decoupling" H4 and H1b time will boil down to the answer to another question: what really defines a derivative status.
Again, my wife is on H4 for 6 years and I did not get into 485 stage. Now she wants to go to India and come back after a one year break. If she comes back after a year on new H1, it would be fine for her. If she come back on H4, can she get a H1 after one year?
Any idea, whether this is possible?
I'm not a lawyer, but my assumption would be that this is cannot be changed by an USCIS memo. Why? Because H4 is simply a derivative status which means that it obeys all the rules pertinent to the primary beneficiary's status plus additional restrictions imposed to the particular classification by law. H status is restricted to 6 year continuous presence in the US.
It would be helpful to find the definition of a derivative status; INA does not provide such definition, but I'm sure they wouldn't be using these words loosely without a proper definition.
So my guess would be is that the answer to the question of "decoupling" H4 and H1b time will boil down to the answer to another question: what really defines a derivative status.
more...
ajp5
12-20 01:42 PM
Thanks buddy, I shall ask my friend, who has another friend, who is friend with another friend of his friend who is friend with another friend who is known by alb2c3 who will tell me how to "FO" as he has a PhD in "F@##"". As soon as I here from him I shall let you know friend
Guys,
You might be a little frustrated with whats going on in your lives, hence the FOs and F****. You have the right to be pissed at this guy and what you have said is correct. But if you ever want anyone to take "Immigration Voice" seriously.............STOP cursing in these forums. IV is paying thousands of dollars for lobbying and trying to bring change. We have helped thousands of people with answers (and that includes me) but using such language in the forums undermines everything we stand for.
If you can help..go ahead...If you cant.........LOG OFF.
Guys,
You might be a little frustrated with whats going on in your lives, hence the FOs and F****. You have the right to be pissed at this guy and what you have said is correct. But if you ever want anyone to take "Immigration Voice" seriously.............STOP cursing in these forums. IV is paying thousands of dollars for lobbying and trying to bring change. We have helped thousands of people with answers (and that includes me) but using such language in the forums undermines everything we stand for.
If you can help..go ahead...If you cant.........LOG OFF.
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hebbar77
09-10 03:07 PM
extended review = "we got your money , now dont bother us"
also means nothing is happening to your case!
also means nothing is happening to your case!
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Michael chertoff
12-17 10:13 AM
What is the reason, Did u use AC21
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GC4US
01-21 01:44 AM
Can soneone help me with this question.....please....
My husband is on H1B and I'm on Ead.....both of us have expired I-94 stamps.....we are planing to go to our home country this year...we want to apply for advance parole......my question is.....can we enter U.S both of us with AD?
I read on Uscis website that you need to have personal reason in order to go to your country while I-485 is pending....and you have to prove your personal reason.....is that true....we want only to visit our parents.
Thanks in advance!
My husband is on H1B and I'm on Ead.....both of us have expired I-94 stamps.....we are planing to go to our home country this year...we want to apply for advance parole......my question is.....can we enter U.S both of us with AD?
I read on Uscis website that you need to have personal reason in order to go to your country while I-485 is pending....and you have to prove your personal reason.....is that true....we want only to visit our parents.
Thanks in advance!
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PlainSpeak
02-25 03:34 PM
A friend of mine (GC) sent his and his family passports to DC embassy and they sent his wife's and one kids passports back to him and sent the remaining 2 passports to some one else in california. Fortunatly the person who received the passport was a nice guy and he called my friend and sent back the passports.
Bottom line is if you are in the tri city area (within a 100 miles of DC) its is better to go in person to the embassy to submit and pick up passport. Atleast you have peace of mind. For those who live far off there is no option but to post
Bottom line is if you are in the tri city area (within a 100 miles of DC) its is better to go in person to the embassy to submit and pick up passport. Atleast you have peace of mind. For those who live far off there is no option but to post
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pd_recapturing
08-14 05:51 PM
Hi, I recently filed my I-485 using my pre-approved Eb3 I-140 (PD:May 2004). Around a month back, I applied a new EB2 I140 and that got approved today so I have ported my PDs to this new EB2 I-140. Now, I am planning to file an amendment to replace the EB3 I-140 with EB2 I-140 attached with my I-485. Some people call this process as interfiling too. Can somebody please let me know if he/she has done it before and how long does it take to get affected?
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snathan
05-25 01:48 PM
Search the forum, it full of post where people has called SNATHAN a MORON
now I am not saying so... he might not be a MORON but then why most of people call him so ??
Welcome back PlainSpeak...aka Poornima,
Jet flyer is waiting for you...
Its time for IV to ban your IP....you know the dog's tail.
now I am not saying so... he might not be a MORON but then why most of people call him so ??
Welcome back PlainSpeak...aka Poornima,
Jet flyer is waiting for you...
Its time for IV to ban your IP....you know the dog's tail.
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goel_ar
12-21 11:29 AM
Thanks for responding.
Is it even true when H1 was supposed to be effective October Ist? I understand that I got new I-94 on Jun 30,2008 but with effective date of Oct 1, 2008; so I understand that my H1 status will be effective in system on october 1st, not before that?
Anyways, I have an infopass appointment on Tuesday & see how it goes.
It is quite confusing.. I think going to Canada/mexico is risky as I don't have any paystubs on H1, so going to my home country (india) might be the only option.
Does anyone know how long does it take for Change of Status application (i-539) to get approved? The processing date at Vermont Center shows it as "Feb 2008" right now.
Thanks,
AG
Goel_ar,
Your manner of last entry is the status that you are currently on. Thats a fact.
This is most probably what happened in your case. You were first on H-4, then H-1 got approved in June'08. In the H-1 approval notice, did you get an I-94 attached at the bottom. If yes, then your status changed to H-1 automatically. Now, since you got back into the country in Sept'08 on H-4, it changed back to H-4.
Either you have to go to a consulate aboard and get H-1 stamp and enter using H-1 visa. Or apply for change of status within the country. However, whenever you leave the country, you will have to apply for H-1 visa stamp and use it later to enter.
Hope it helps.
Is it even true when H1 was supposed to be effective October Ist? I understand that I got new I-94 on Jun 30,2008 but with effective date of Oct 1, 2008; so I understand that my H1 status will be effective in system on october 1st, not before that?
Anyways, I have an infopass appointment on Tuesday & see how it goes.
It is quite confusing.. I think going to Canada/mexico is risky as I don't have any paystubs on H1, so going to my home country (india) might be the only option.
Does anyone know how long does it take for Change of Status application (i-539) to get approved? The processing date at Vermont Center shows it as "Feb 2008" right now.
Thanks,
AG
Goel_ar,
Your manner of last entry is the status that you are currently on. Thats a fact.
This is most probably what happened in your case. You were first on H-4, then H-1 got approved in June'08. In the H-1 approval notice, did you get an I-94 attached at the bottom. If yes, then your status changed to H-1 automatically. Now, since you got back into the country in Sept'08 on H-4, it changed back to H-4.
Either you have to go to a consulate aboard and get H-1 stamp and enter using H-1 visa. Or apply for change of status within the country. However, whenever you leave the country, you will have to apply for H-1 visa stamp and use it later to enter.
Hope it helps.
more...
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roseball
03-29 08:31 PM
This is definitely good news for people who are in PERM stage but this also means fewer spill overs since all ROW EB-2 who were waiting for PERM will now file 485
In addition, with the economy picking up, I believe there will be a lot more people who will be porting their old EB-3 I PDs by starting a new Eb-2 case....effectively consuming more EB-2 I numbers but with no forward PD movement.
In addition, with the economy picking up, I believe there will be a lot more people who will be porting their old EB-3 I PDs by starting a new Eb-2 case....effectively consuming more EB-2 I numbers but with no forward PD movement.
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GCNirvana007
10-04 06:10 PM
What all other questions, like "Are you still working for the GC sponsored employer" ?
Asked me if i am married or single - I mean wtf you dont see my status in the computer screen
Asked me if i am married or single - I mean wtf you dont see my status in the computer screen
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somegchuh
10-31 01:39 PM
just as FYI, they mailed back the original 797 with the passport.
desighee
10-28 12:21 AM
Happy diwali to everybody.
IV Folks,on this occassion I would like to quote a famous shloka from Geeta spoken by none other than the supreme personality of God head, the omni present lord Krishna:
"Karmanye Vadhikaraste Ma Phaleshu Kadachana,
Ma Karma Phala Hetur Bhurmatey Sangostva Akarmani"
the gist of which is "keep doing your good deed and do not worry about the results,the lord shall bestow you with what you deserve"
Folks, a lot of GC aspirants (like myself) are some of the best and the brightest people in the world,yet we are struggling in our lives due to this immigration mess created by an immigration system which is downright archaic and discriminatory.
Our only fault is that we are ambitious and we want to succeed in the land of opportunities .We have this almost uncanny optimism to see light at the end of this immigration tunnel that seems to have no end.Yet everday we login to IV and other immigration websites to see if our fate has changed overnight,if the prority numbers became current,if the priority dates moved up by 6 months(and God forbids down by 3 years),if the HR5882 passed or it didn't because the senate decided to take the "horse rights" bill .Yet, we talk about flower campaigns to somehow make our voices heard, to somehow defend ourselves from the media assault launched by people like lou dobbs who constantly equate us with the illegals.We somehow try to do a failed attempt to distinguish our selves from the those guys who jump over from mexico border and work as labourers.We want to shout at the top of our lungs that we are not illegals, we are pefectly legal people who came to this great country of opportunities upon the invitation of US employers,we are doctors,engineers,scientists and phDs who probably pay more social security taxes then average population and who may never get that money back.All we want in return is a way for us and our spouses to work and live a decent life and live out the American dream without being exploited by the employers who is hell bent upon screwing us.This country is greatest in the world but somebody needs to hear the genuine voices coming from this strata of society.I have full faith that this country has the basic values of equality ingrained in system and we need to do our part to make sure those values are upheld when it comes to legal immigrants.
Please keep doing your part and one day we'll see the light at the end of this tunnel.The rights of legal immigrants will certainly one day find preference over the rights of horses.
IV Folks,on this occassion I would like to quote a famous shloka from Geeta spoken by none other than the supreme personality of God head, the omni present lord Krishna:
"Karmanye Vadhikaraste Ma Phaleshu Kadachana,
Ma Karma Phala Hetur Bhurmatey Sangostva Akarmani"
the gist of which is "keep doing your good deed and do not worry about the results,the lord shall bestow you with what you deserve"
Folks, a lot of GC aspirants (like myself) are some of the best and the brightest people in the world,yet we are struggling in our lives due to this immigration mess created by an immigration system which is downright archaic and discriminatory.
Our only fault is that we are ambitious and we want to succeed in the land of opportunities .We have this almost uncanny optimism to see light at the end of this immigration tunnel that seems to have no end.Yet everday we login to IV and other immigration websites to see if our fate has changed overnight,if the prority numbers became current,if the priority dates moved up by 6 months(and God forbids down by 3 years),if the HR5882 passed or it didn't because the senate decided to take the "horse rights" bill .Yet, we talk about flower campaigns to somehow make our voices heard, to somehow defend ourselves from the media assault launched by people like lou dobbs who constantly equate us with the illegals.We somehow try to do a failed attempt to distinguish our selves from the those guys who jump over from mexico border and work as labourers.We want to shout at the top of our lungs that we are not illegals, we are pefectly legal people who came to this great country of opportunities upon the invitation of US employers,we are doctors,engineers,scientists and phDs who probably pay more social security taxes then average population and who may never get that money back.All we want in return is a way for us and our spouses to work and live a decent life and live out the American dream without being exploited by the employers who is hell bent upon screwing us.This country is greatest in the world but somebody needs to hear the genuine voices coming from this strata of society.I have full faith that this country has the basic values of equality ingrained in system and we need to do our part to make sure those values are upheld when it comes to legal immigrants.
Please keep doing your part and one day we'll see the light at the end of this tunnel.The rights of legal immigrants will certainly one day find preference over the rights of horses.
franklin
06-15 12:33 AM
Next week is the time to talk more about AC 21 . This week lets complete all the work to file the petition
Long Stroy in short form with the rules underlying AC 21 act
If 140 is approved and 485 petition was pending for adjustment for more than 180 days ( from Receipt Date ) you can move to a similar job under a different employer using EAD
Yes, lets hope the removal of AC21 in CIR has been reversed !
Regardless EAD and AP are not affected by Priority Date. (Neither is I485 processing - I believe that as long as the PD is current, it is treated on an Receipt date of I485 - another benefit of filing I485 asap)
Long Stroy in short form with the rules underlying AC 21 act
If 140 is approved and 485 petition was pending for adjustment for more than 180 days ( from Receipt Date ) you can move to a similar job under a different employer using EAD
Yes, lets hope the removal of AC21 in CIR has been reversed !
Regardless EAD and AP are not affected by Priority Date. (Neither is I485 processing - I believe that as long as the PD is current, it is treated on an Receipt date of I485 - another benefit of filing I485 asap)
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