fcres
06-27 02:30 PM
My spouse had one A# with his OPT and another one when the I140 was approved.
thamizhan
07-17 10:17 PM
CHEERS TO AILA, AILF AND IMMIGRATION VOICE
Aside from Representative Lofgren, thanks are also due to the American Immigration Lawyers Association, the American Immigration Law Foundation and Immigration Voice. AILA as usual worked behind the scenes to try and push USCIS to reverse course while it's sister organization AILF quickly assembled a large number of plaintiffs for a major class action law suit. With the threat of a lawsuit of a massive lawsuit, USCIS felt the heat needed to motivate them and the fact that the suit was about to be filed surely contributed to USCIS' quick reversal of course. AILF is playing an increasingly vital role in the pro-immigration community giving us the ability to stand up for immigrants in the courts - often the only place many problems can be resolved.
Finally, a new voice - Immigration Voice - emerged to do what has never been effectively done in the past - organize the grassroots employment immigrant community. IV's Flower Campaign and its San Jose protest were firsts and garnered the attention of the nation's media and managed to humanize what for many was a dry technical issue. IV was also extremely effective at conveying news to its members and to the entire pro-immigration community (including this lawyer) and know IV will now be a critical part of future advocacy efforts. I'm looking forward to seeing the organization grow in size and influence.
Just a few days back I was decrying how the anti-immigration community was able to whip the pro-immigration community in the CIR bill because of their ability to mobilize their grassroots supporters. Now you can see how our side - which, after all, represents the views of most Americans - can win the same way.
Aside from Representative Lofgren, thanks are also due to the American Immigration Lawyers Association, the American Immigration Law Foundation and Immigration Voice. AILA as usual worked behind the scenes to try and push USCIS to reverse course while it's sister organization AILF quickly assembled a large number of plaintiffs for a major class action law suit. With the threat of a lawsuit of a massive lawsuit, USCIS felt the heat needed to motivate them and the fact that the suit was about to be filed surely contributed to USCIS' quick reversal of course. AILF is playing an increasingly vital role in the pro-immigration community giving us the ability to stand up for immigrants in the courts - often the only place many problems can be resolved.
Finally, a new voice - Immigration Voice - emerged to do what has never been effectively done in the past - organize the grassroots employment immigrant community. IV's Flower Campaign and its San Jose protest were firsts and garnered the attention of the nation's media and managed to humanize what for many was a dry technical issue. IV was also extremely effective at conveying news to its members and to the entire pro-immigration community (including this lawyer) and know IV will now be a critical part of future advocacy efforts. I'm looking forward to seeing the organization grow in size and influence.
Just a few days back I was decrying how the anti-immigration community was able to whip the pro-immigration community in the CIR bill because of their ability to mobilize their grassroots supporters. Now you can see how our side - which, after all, represents the views of most Americans - can win the same way.
RSM1444
04-04 02:05 PM
Some body with priority date of Dec 2008 voted yes. It looks like some confusion.
dpp
06-28 03:16 PM
This is a very common issue. Most of the times the HR title and job title and Labor title do not match.
I know it is a common issue for anybody. But if USCIS goes strictly, then it is a problem.
I know it is a common issue for anybody. But if USCIS goes strictly, then it is a problem.
more...
jagan13
02-22 04:35 PM
HRPRO,
Although I need my passport desperately, I dont want to spend a fortune on a last min. flight or drive for 16 hours, just to hear that I did not wait for 8 weeks as I am supposed or that I can only receive it through mail. Unless I am 100% confident that I will get it, I do not want to go there, atleast not till the end of February. Especially, I dont want to go there in depseration and pay $150 for the tatkaal.The employees neither justlify their salaries nor the positions they hold which were primarily meant for helping Indians in US.
vactorboy29,
I am glad the Chicago CGI was helpful in your case.
I personally believe, that just being an Embassy somewhat explains the delays in DC office but clearly, it does not justify the attitiude of the employees there.
Although I need my passport desperately, I dont want to spend a fortune on a last min. flight or drive for 16 hours, just to hear that I did not wait for 8 weeks as I am supposed or that I can only receive it through mail. Unless I am 100% confident that I will get it, I do not want to go there, atleast not till the end of February. Especially, I dont want to go there in depseration and pay $150 for the tatkaal.The employees neither justlify their salaries nor the positions they hold which were primarily meant for helping Indians in US.
vactorboy29,
I am glad the Chicago CGI was helpful in your case.
I personally believe, that just being an Embassy somewhat explains the delays in DC office but clearly, it does not justify the attitiude of the employees there.
matreen
01-01 09:48 PM
Filed on July 12, 2007 but got a wrong receipt date on receipt notice which is Aug 17, 2007. My attorney followed and CIS needs proof and we sent FedEx acknowledgement, still waiting no response.
Got AP approved, EAD approved and received cards but no finger prints yet. Called CIS number of times "the only asnwer is wait" but when I called last (Dec 18, 2007) time support rep opened a SR said this SR will start after Jan 18, 2008......
No idea what's going on....here...
Thanks,
M
Got AP approved, EAD approved and received cards but no finger prints yet. Called CIS number of times "the only asnwer is wait" but when I called last (Dec 18, 2007) time support rep opened a SR said this SR will start after Jan 18, 2008......
No idea what's going on....here...
Thanks,
M
more...
RSRao
10-28 03:32 PM
This is regarding my husbands H1b extension. He has been working for a Indian consultancy since 3 years. Now he got a full time offer with a reputed consulting firm (contract to hire) and they are processing his extension and transfer. Its for a different end client but this company does implementation for the client. We received a first RFE a month back requesting for purchase order, manager letter, duties to be performed, organisational chart etc. The company answered with all the relevant documents. But we have received a second RFE now. Not sure what the RFE is for and we are anxiously waiting for it. Please let us know if any of you guys have faced similar situation, incured a second time RFE. how common is to get RFE for the second time.Also do premium petitions get RFE in a fax or email message or do we have to wait for arrival through mail. The attorney said wud take 2 weeks for it to arrive. His 194 has expired and we are really worried now. What are the other options, can we apply for extension through another company when this one is in process?. He already has started working for this company once the receipt number was sent out. Any inputs are highly appreciated. If you have had similar experiences please share.
hopefulgc
09-16 10:22 PM
Please don't lose heart.. hang in there.
What you are experiencing has happened to a couple of people. But it sounds pretty counter-intuitive as to why they would deny substitution with for Eb2 labor?
Whatever the case, it sucks if it jeopardizes the primary Eb3 petition.
Are you able to locate any precedents to this?
Keep us updated here on this thread.
Hi,
Here is my case specifics:
--------------------------
1. Filed PERM EB3 LC - PD:01/2006 - Approved.
2. Filed EB3 I-140 using LC Sub from my company(company's policy..) - 06/2006 - was pending
3. Filed I-485 using pending LC Sub I-140 - 07/2007
4. Second I-140 Filed - 01/2008 based on my original PERM LC.
5. Second I-140 - Approved - 02/2008
6. Attorney sent AILA Request last month on my pending I-140. Got AILA Response as below
"Talked with the I-140 senior officer this afternoon about this case. We both reviewed the I-140 and the issue with the substitution of the labor cert. It appears that the individual that had the labor cert originally, adjusted off of it. Therefore, we can not substitute it again for the individual listed below. I believe that he has one I-140 already approved and will have to stay with that priority date. Have a good weekend."
7. Based on this, my attorney told me that my first I-140 will be denied soon; but she said that my AOS will continue to be active based on my approved I-140.
8. As my attorney said, Today, I got an CRIS email saying that my LC Sub I-140 is denied.
I have couple of questions now:
1. I am worried about my I-485 since my wofe is working on EAD. My understanding is that if your I-140 is denied, then your I-485 is denied too. But, my lawyer says that since I have an approved I140, they will use that and she is quoting the AILA Response email also. Is it true? or she is just convincing me with her lies.
2. I can continue to check the status of my I-485. But, how can I verify my AOS is now tied with my approved I-140? Interestingly, my AP Renewal is approved yesterday and notice mailed (a day before my I-140 denial)
Please let me know guys. Your help would be greatly appreciated.
Thanks
What you are experiencing has happened to a couple of people. But it sounds pretty counter-intuitive as to why they would deny substitution with for Eb2 labor?
Whatever the case, it sucks if it jeopardizes the primary Eb3 petition.
Are you able to locate any precedents to this?
Keep us updated here on this thread.
Hi,
Here is my case specifics:
--------------------------
1. Filed PERM EB3 LC - PD:01/2006 - Approved.
2. Filed EB3 I-140 using LC Sub from my company(company's policy..) - 06/2006 - was pending
3. Filed I-485 using pending LC Sub I-140 - 07/2007
4. Second I-140 Filed - 01/2008 based on my original PERM LC.
5. Second I-140 - Approved - 02/2008
6. Attorney sent AILA Request last month on my pending I-140. Got AILA Response as below
"Talked with the I-140 senior officer this afternoon about this case. We both reviewed the I-140 and the issue with the substitution of the labor cert. It appears that the individual that had the labor cert originally, adjusted off of it. Therefore, we can not substitute it again for the individual listed below. I believe that he has one I-140 already approved and will have to stay with that priority date. Have a good weekend."
7. Based on this, my attorney told me that my first I-140 will be denied soon; but she said that my AOS will continue to be active based on my approved I-140.
8. As my attorney said, Today, I got an CRIS email saying that my LC Sub I-140 is denied.
I have couple of questions now:
1. I am worried about my I-485 since my wofe is working on EAD. My understanding is that if your I-140 is denied, then your I-485 is denied too. But, my lawyer says that since I have an approved I140, they will use that and she is quoting the AILA Response email also. Is it true? or she is just convincing me with her lies.
2. I can continue to check the status of my I-485. But, how can I verify my AOS is now tied with my approved I-140? Interestingly, my AP Renewal is approved yesterday and notice mailed (a day before my I-140 denial)
Please let me know guys. Your help would be greatly appreciated.
Thanks
more...
dxldad
05-19 07:42 AM
MurthyDotCom : I-485 Approval Possibility Issues: International Travel (http://murthy.com/news/n_intrvl.html)
h1b_forever
10-01 12:09 PM
I am the primary applicant.
But AP seems to be going the other way. I got my approval. My wife hasnt yet.
But AP seems to be going the other way. I got my approval. My wife hasnt yet.
more...
anoopraj2010
08-04 12:42 PM
Amit, Glad (yet sad due to the scenario) I have company :) Seems like you will eventually get a GC in 2 years when she becomes a citizen - mine will be 4 years.
Question for you is if you are ever grilled on POE due to AP for yourself and have you been ok traveling alone without the primary applicant? My wife has been putting off travel as she is totally confused on traveling as the immigration status is in a grey area as I am now on GC and she is not on a valid H4.
anoopraj2010
you have been waiting for just 1 year. My wife(primary applicant) got her GC exactly 3 years back while i could not be approved due to pending name check. Then the whole thing retrogressed. Have been renewing AP/EAD since then.I know couple of other people in same boat. I think this is more common than you think
Question for you is if you are ever grilled on POE due to AP for yourself and have you been ok traveling alone without the primary applicant? My wife has been putting off travel as she is totally confused on traveling as the immigration status is in a grey area as I am now on GC and she is not on a valid H4.
anoopraj2010
you have been waiting for just 1 year. My wife(primary applicant) got her GC exactly 3 years back while i could not be approved due to pending name check. Then the whole thing retrogressed. Have been renewing AP/EAD since then.I know couple of other people in same boat. I think this is more common than you think
singhsa3
09-05 07:31 PM
Come on people, we are less than 2 weeks away from our destiny.
All you have to do is to rise from your daily chores, just for one day and help make this event successful.
All you have to do is to rise from your daily chores, just for one day and help make this event successful.
more...
venetian
07-06 02:29 PM
Thanks saket,
Just a clarification, did you continue to maintain H1 status or started using EAD after you entered using AP.
Yes, I did the same.....even though I had a valid H1B stamped in my passport the POE made me use the AP to enter.....
Just a clarification, did you continue to maintain H1 status or started using EAD after you entered using AP.
Yes, I did the same.....even though I had a valid H1B stamped in my passport the POE made me use the AP to enter.....
gjoe
08-20 08:44 PM
:)
more...
pd_recapturing
05-23 01:45 PM
Please go through this (http://www.immigration-information.com/forums/showthread.php?t=5192)and reanalyze if you really want to go to H1 from EAD ....
a_to_z_gc
10-24 04:10 PM
If the I-140 is approved, you mentioned that the EB category can be changed if the process is initiated from scratch. Does the new application has to be in same area of occupation as the one for which the previous 140 was approved?
Kindly advise...
Thanks!
Once H-1B extension is received, one gets all the luxuries like any other H-1B. You can change jobs any day you want. Having that said, there are few things you have to re-do. Get the H-1B stamped if you change jobs. You have to re-start the GC process from scratch, yet you get to keep the PD and at the same time can switch to any EB catagory.
Before LC PERM process started, people didn't change jobs as LC could take any where from 2 to 4 years and re-starting the GC process was just no brainer. Now, as it takes 45days or less (theoraticaly) people easily change jobs and get H-1 transferred as well as get new GC process started and get LC in 45 days and then I-140 approved (with premium processing) in another 2 weeks.
So you once you change jobs you can get to the same stage where you are in two months if you start GC process right-away.
For tips to the other readers.
Some employers has company policy where they support the H-1 transfer (financially also) and then one has to wait for 1 or 2 years before they initiate GC process. The mostly the excuse is "Budget is fixed for a year".
One can propose a solution to this. Ask them, "What if I pay for the charges incurred for GC process if they agree to initiate right away and when s/he finishes one year of employment, reimburse the charges"
This has worked in many cases as doing such bothe employer and employee gets best of both worlds.
Kindly advise...
Thanks!
Once H-1B extension is received, one gets all the luxuries like any other H-1B. You can change jobs any day you want. Having that said, there are few things you have to re-do. Get the H-1B stamped if you change jobs. You have to re-start the GC process from scratch, yet you get to keep the PD and at the same time can switch to any EB catagory.
Before LC PERM process started, people didn't change jobs as LC could take any where from 2 to 4 years and re-starting the GC process was just no brainer. Now, as it takes 45days or less (theoraticaly) people easily change jobs and get H-1 transferred as well as get new GC process started and get LC in 45 days and then I-140 approved (with premium processing) in another 2 weeks.
So you once you change jobs you can get to the same stage where you are in two months if you start GC process right-away.
For tips to the other readers.
Some employers has company policy where they support the H-1 transfer (financially also) and then one has to wait for 1 or 2 years before they initiate GC process. The mostly the excuse is "Budget is fixed for a year".
One can propose a solution to this. Ask them, "What if I pay for the charges incurred for GC process if they agree to initiate right away and when s/he finishes one year of employment, reimburse the charges"
This has worked in many cases as doing such bothe employer and employee gets best of both worlds.
more...
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golgappa
10-17 09:51 PM
rb_248, I am in the similar situation if you dont mind can you share your lawyers details, seems to be very experienced lawyer..
logiclife
06-08 06:05 PM
Premium processing is not against american values or any other values.
Just because its the government you are dealing with here instead of a private company does not mean there should not be options for faster service for extra fee.
If premium processing is against American values, then in that case, express-mail offered by USPS for extra charge is against American values. Express mail does not slow down first-class 39-cent mail but it provides an ALTERNATIVE to a consumer or citizen to go with better quality service for a fee. For a few dollars, you mail would reach somewhere overnight instead of 3 days.
Also, by that token, first-class travel is against American values? Would you rather that it go away too?
Premium processing is not going to slow down regular processing. But it offers an alternative to employers or employees if they want expedited service for extra money etc.
Just because its the government you are dealing with here instead of a private company does not mean there should not be options for faster service for extra fee.
If premium processing is against American values, then in that case, express-mail offered by USPS for extra charge is against American values. Express mail does not slow down first-class 39-cent mail but it provides an ALTERNATIVE to a consumer or citizen to go with better quality service for a fee. For a few dollars, you mail would reach somewhere overnight instead of 3 days.
Also, by that token, first-class travel is against American values? Would you rather that it go away too?
Premium processing is not going to slow down regular processing. But it offers an alternative to employers or employees if they want expedited service for extra money etc.
tikka
07-08 09:52 PM
anything in specific?
EndlessWait
09-08 12:02 PM
so why complain.. ofcourse just kidding! , no pun intended
superdude
08-01 04:54 PM
I hope they look at the post mark date. We can not even trust FedEx now. These things do happen. Its very sad to hear this
Response for my RFE on 140 was supposed to be sent in by today. My Law office sent in the resposne using FEDEX overnight yesterday. I come to work in the moring and check the status of FEDEX and it says it is still in transit. I call the fedex office with tracking number and they say there was a big technical problem and hydraulic leak in the plane that was supposed to carry my response. Fedex says they will try to deliver by after mailroom closes today and they are ready to issue a letter stating that its their mistake. Do you guys think my response will be accepted tomorrow or I get a NOID for my 140? My lawyer says that if FEDEX trys to deliver it by today and they fail we should be ok or if they issue NOID we can always rebut back with letter from FEDEX and open a MTR .. any one of you guys have any such experience. I dont want to blame any one here excpet my luck in the whole process.
Any input guys .. I really dont know what to do .. I am almost half paralyzed , I am in 6th year of my H1 and ends in december ..and my PD is Sep 2004 .
Guys any input is appreciated ..
Response for my RFE on 140 was supposed to be sent in by today. My Law office sent in the resposne using FEDEX overnight yesterday. I come to work in the moring and check the status of FEDEX and it says it is still in transit. I call the fedex office with tracking number and they say there was a big technical problem and hydraulic leak in the plane that was supposed to carry my response. Fedex says they will try to deliver by after mailroom closes today and they are ready to issue a letter stating that its their mistake. Do you guys think my response will be accepted tomorrow or I get a NOID for my 140? My lawyer says that if FEDEX trys to deliver it by today and they fail we should be ok or if they issue NOID we can always rebut back with letter from FEDEX and open a MTR .. any one of you guys have any such experience. I dont want to blame any one here excpet my luck in the whole process.
Any input guys .. I really dont know what to do .. I am almost half paralyzed , I am in 6th year of my H1 and ends in december ..and my PD is Sep 2004 .
Guys any input is appreciated ..
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