rajsand
10-05 02:31 PM
Same situation here any ideas?
Guess this should be fine
Guess this should be fine
neoneo
07-17 12:26 AM
My 140 was filed last week and I don't have the receipt number. Can I file 485 without I140 receipt number?
Ask yourself.. how do people file concurrently ?! .. the only problem will be if your I-485 comes for review before I-140 is cleared. Then you'll get a notice for denial since I-140 is not approved. But what are the chances of that happening in todays scenario unless you have a very old PD>
check it out with ur attorney.
Ask yourself.. how do people file concurrently ?! .. the only problem will be if your I-485 comes for review before I-140 is cleared. Then you'll get a notice for denial since I-140 is not approved. But what are the chances of that happening in todays scenario unless you have a very old PD>
check it out with ur attorney.
jsb
07-17 04:22 PM
How do you get Infopass appointment, and what purpose does it serve? I mean, is it really useful for a routine check on your status. Sorry, if I asked this in a wrong thread.
samcam
05-19 01:22 PM
welcome to our newest member ddl..
more...
danu2007
08-03 05:14 PM
Hi All,
I am not sure whether this has been answered earlier. Here is my situation.
My H1b is getting over by Jan 2008. My I-140 approved and I have filed my I-485 in July 2nd 2007. I contacted my company law firm and one of the top law firm about 3 year extension. Here is the answer
Attorney from company law firm:- Since you have applied for I-485 you will not be eligible for 3 year or one year extension. The only stage when you can apply for 3 year extension is when your I-140 is approved and the PD is not current. Since there was a time the PD was current and you applied for I-485, you will not be eligible for 3 year extension. Even if you apply you will get rejected.
Then I contacted the other law firm mentioning about the above law firm comments and here is the reply.
Attorney from one of the top law firm:-The law firm is simply reading things wrong. You can file for the three year extension as long as there is not a visa number available. Therefore, if the I-485 was filed and then the visa numbers became unavailable, as is the case right now, the three year extensions are possible. I would see if you can request the law firm to reread the rule that permits the three year extensions. They are reading it too narrowly. We follow this procedure successfully all the time.
So I am confused in this case and my employer will believe in what the company law firm will say.
So I am trying to get an opinion from any one who was in this situation and got a 3 year extension and who is right?
Thanks
I am not sure whether this has been answered earlier. Here is my situation.
My H1b is getting over by Jan 2008. My I-140 approved and I have filed my I-485 in July 2nd 2007. I contacted my company law firm and one of the top law firm about 3 year extension. Here is the answer
Attorney from company law firm:- Since you have applied for I-485 you will not be eligible for 3 year or one year extension. The only stage when you can apply for 3 year extension is when your I-140 is approved and the PD is not current. Since there was a time the PD was current and you applied for I-485, you will not be eligible for 3 year extension. Even if you apply you will get rejected.
Then I contacted the other law firm mentioning about the above law firm comments and here is the reply.
Attorney from one of the top law firm:-The law firm is simply reading things wrong. You can file for the three year extension as long as there is not a visa number available. Therefore, if the I-485 was filed and then the visa numbers became unavailable, as is the case right now, the three year extensions are possible. I would see if you can request the law firm to reread the rule that permits the three year extensions. They are reading it too narrowly. We follow this procedure successfully all the time.
So I am confused in this case and my employer will believe in what the company law firm will say.
So I am trying to get an opinion from any one who was in this situation and got a 3 year extension and who is right?
Thanks
uimv
03-14 12:08 PM
Incorrect!
I have written on this topic many times before. Employer is required, by law, to inform USCIS about termination of employment (whether voluntary or not) and any changes in employment eligibility.
Read for yourself -
http://www.uscis.gov/files/article/E1eng.pdf
[From the pdf link]
Employers must keep USCIS informed of any firings, termination of employment, or changes in the employee’s eligibility by submitting a letter to the USCIS Service Center that approved the application or petition.
Thanks coopheal, desi3933.
But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee’s eligibility or change in job duties. So no requirement to cancel H1b.
I have written on this topic many times before. Employer is required, by law, to inform USCIS about termination of employment (whether voluntary or not) and any changes in employment eligibility.
Read for yourself -
http://www.uscis.gov/files/article/E1eng.pdf
[From the pdf link]
Employers must keep USCIS informed of any firings, termination of employment, or changes in the employee’s eligibility by submitting a letter to the USCIS Service Center that approved the application or petition.
Thanks coopheal, desi3933.
But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee’s eligibility or change in job duties. So no requirement to cancel H1b.
more...
Winner
03-25 10:26 AM
Just curious�
Do these banks, which received TARP funds, have offshoring partners like TCS/Wipro? How is the offshoring part working? What does the H1B bill say about offshoring?
Do these banks, which received TARP funds, have offshoring partners like TCS/Wipro? How is the offshoring part working? What does the H1B bill say about offshoring?
addsf345
10-22 01:08 PM
The dates are retrogressed:
Nebraska Service Center Processing Time Report (10/19/08)
I-485 Application to Register Permanent
Residence or to Adjust Status Employment-based adjustment applications July 04, 2007
Nebraska Service Center Processing Time Report (9/15/08)
I-485 Application to Register Permanent
Residence or to Adjust Status Employment-based adjustment applications July 08, 2007
Texas Service Center Processing Time Report (10/19/08)
I-485 Residence or to Adjust Status Employment-based adjustment applications June 24, 2007
Texas Service Center Processing Time Report (9/15/08)
I-485 Application to Register Permanent
Residence or to Adjust Status Employment-based adjustment applications June 23, 2007
I can't help but notice that progress at TSC.
They were processing July 16, 2007 2 - 3 months back.
One fine day, they updated dates saying that they processed till June 16, 2007. (-ve by a month)
Last month, they made progress till June 23, 2007.
Since last month, they made a progress of one day - June 24, 2007.
Is this correct? or I am a brain dead person? unable to understand CIS processing dates, particulary going backwards really baffles me.:(
Nebraska Service Center Processing Time Report (10/19/08)
I-485 Application to Register Permanent
Residence or to Adjust Status Employment-based adjustment applications July 04, 2007
Nebraska Service Center Processing Time Report (9/15/08)
I-485 Application to Register Permanent
Residence or to Adjust Status Employment-based adjustment applications July 08, 2007
Texas Service Center Processing Time Report (10/19/08)
I-485 Residence or to Adjust Status Employment-based adjustment applications June 24, 2007
Texas Service Center Processing Time Report (9/15/08)
I-485 Application to Register Permanent
Residence or to Adjust Status Employment-based adjustment applications June 23, 2007
I can't help but notice that progress at TSC.
They were processing July 16, 2007 2 - 3 months back.
One fine day, they updated dates saying that they processed till June 16, 2007. (-ve by a month)
Last month, they made progress till June 23, 2007.
Since last month, they made a progress of one day - June 24, 2007.
Is this correct? or I am a brain dead person? unable to understand CIS processing dates, particulary going backwards really baffles me.:(
more...
divakarr
09-05 08:16 AM
same here. file AP in August and got receipt. I-485 filed on July 2 and no receipt so far. called USCIS and could not find receipt number for 485.
JunRN
07-18 03:55 AM
I have this dilemma. Since schedule A is exempted from LC, the priority date of Schedule A is the filing of I-140.
My question is:
Should I need to file in July to get a "July" priority date to say that I am filing using the "July VB" or can I file in August, in which I will August PD?
If I file in August then will get August PD, shouldn't it be construed that I am using the "August VB" therefore not allowed to do AOS?
My lawyer says otherwise.
My question is:
Should I need to file in July to get a "July" priority date to say that I am filing using the "July VB" or can I file in August, in which I will August PD?
If I file in August then will get August PD, shouldn't it be construed that I am using the "August VB" therefore not allowed to do AOS?
My lawyer says otherwise.
more...
Ramba
01-03 03:57 PM
USCIS process 485 based only on received date of 485. They dont consider PD, country of chargability, immigration class EB1 or EB2 etc, when processing/reviewing your file..
After processing, when it comes to take decision (to approve) they will check for visa number availabilty based on PD, country, class etc. If visa number is available on the day of their reviewing your file, they approve it. If not, they pre-approve the application and close the file. Your name will be in the pre-approved data base with PD, country, class etc... They priodically check this data base with visa number availability (DOS visa bulliton) and issue the GC whoever eligible based on visa bulliton. This is what happened when uscis approved about 40-60K 485s in July first week.
After processing, when it comes to take decision (to approve) they will check for visa number availabilty based on PD, country, class etc. If visa number is available on the day of their reviewing your file, they approve it. If not, they pre-approve the application and close the file. Your name will be in the pre-approved data base with PD, country, class etc... They priodically check this data base with visa number availability (DOS visa bulliton) and issue the GC whoever eligible based on visa bulliton. This is what happened when uscis approved about 40-60K 485s in July first week.
saravanaraj.sathya
08-03 10:29 AM
Sundar - I understand ur question..I ve seen in many forums that employers can revoke ur I-140 before ur I-485 is approved. When you transfer with ur approved I-140 from ur previous employer and lets say that he has already revoked it..I am not sure what will happen the..just wanted to confirm...
the more important part of my question is...
"using approved 140 from an EX-employer" and using that to a get 3 yr extension when doing a h1b transfer to a new employer (who has not in anyway started a new perm labor)
the more important part of my question is...
"using approved 140 from an EX-employer" and using that to a get 3 yr extension when doing a h1b transfer to a new employer (who has not in anyway started a new perm labor)
more...
saravanaraj.sathya
08-03 10:22 AM
Whtz if the previous employer who filed the GC revokes I-140...Is it possible to extend H1 for 3 yrs in this scenario also?
gcisadawg
02-03 02:09 PM
Hi
I hold a H1b Visa but did not work after coming to US.
Can anybody guide me regarding my current status.
My H1 was approved in 2007 quota and i entered US in march 2008..but was not successful in getting a job and my employer is not running any payroll..
can anybody help me with this??
thankyou
RUN buddy RUN! This forum is for LEGAL immigrants trying to get their employment based green cards. There are people from EB3 with PD from 2001 ( yeah, TWO THOUSAND AND ONE) who are maintaining their EB status diligently by having a steady job and waiting and waiting and waiting for their GC to come.
Now, you coolly come and say what you have just said and have the gall to ask for advice.
The same applies to other poster 'nehas' also who had a similar question.
Thanks,
GCisaDawg
I hold a H1b Visa but did not work after coming to US.
Can anybody guide me regarding my current status.
My H1 was approved in 2007 quota and i entered US in march 2008..but was not successful in getting a job and my employer is not running any payroll..
can anybody help me with this??
thankyou
RUN buddy RUN! This forum is for LEGAL immigrants trying to get their employment based green cards. There are people from EB3 with PD from 2001 ( yeah, TWO THOUSAND AND ONE) who are maintaining their EB status diligently by having a steady job and waiting and waiting and waiting for their GC to come.
Now, you coolly come and say what you have just said and have the gall to ask for advice.
The same applies to other poster 'nehas' also who had a similar question.
Thanks,
GCisaDawg
more...
wandmaker
10-12 04:17 PM
you need to get paid all the time. Even during maternity leave. Not getting paid is voilation of status and violation of employer-employee relationship.
In OPs case, one can maintain the status without getting paid - they just need to prove there is an employer-employee relationship exists. You are correct, if the employer simply dumped you on bench
In OPs case, one can maintain the status without getting paid - they just need to prove there is an employer-employee relationship exists. You are correct, if the employer simply dumped you on bench
Charleh
05-28 05:14 AM
You can bind them quite easily, assuming your data sources implement the correct interfaces (I believe IBindable/IBindableList).
You would use the metadata table to fill the list for the combobox and then bind the list to the 'degree' fields on your persons table
There are numerous ways to actually accomplish this, I'll run through a straight forward method using the datasource wizard
1. Drop a combobox onto the page
2. Go to the 'Data Sources' window which is usually docked on the left and add a new data source
3. Pick your data provider (I've picked database)
4. Set up your connection to connect to the database. I've just included the connection data in the application for the sake of simplicity
5. Choose the table you wish to bind to - this will be the 'metadata' table with your degrees
6. Finish the wizard, now in the datasources window you should have your table visible.
7. Drag the whole table onto the combobox
8. The program will assign the DisplayMember and ValueMember of the combobox automatically, you can modify it in the combobox properties - the ValueMember is the underlying identifier (the ID column) whereas the DisplayMember is the value you will actually see in the box
9. Repeat steps 1-6 to add your 'persons' table to the datasources window (you can use the same connection as you used before, you won't need to add another)
10. Once you have added the persons table, in the datasources window expand the persons table so you can see all of the actual columns of the table.
11. Find the column you will be binding to (the degree1 column for instance) and drag that onto the combobox.
12. Finished!
Of course you will need to make sure that a certain record from your persons table is selected as the datasource contains a record pointer - you can always drop a BindingNavigator control on there and associate it with the datasource but it does look a bit 'Microsoft Accesss' so I don't use them. Of course you will probably be getting to your persons form via a persons list in the first place so naturally you will be passing in the persons 'ID' and finding that person in the table using the ID
Either way your combobox is bound - your metadata is bound to the item list of the combobox and the persons tables 'degree1' field is bound to the selected value of the box. Visual Studio tends to be quite intelligent in this respect - if you drag a data column onto a bindable control it knows that it should bind the 'value' of that control to the data source. If you drag an entire data table or data container onto the control it knows to bind any 'list' objects to it.
VS 2008 will have already added the necessary code to 'bind' the objects at runtime - check your 'onload' function in the VB code
Of course you've only really got one thing to bind to on a textbox so you get different functionality (with respect though you can actually bind to any property of a control but most of the time why would you want to?)
This is just an example of how to bind to a control - the data exists in memory, so any changes you make won't affect the database immediately. In fact I'm not 100% on how the data gets written back with tableadapters. You may want to read up on them, I usually use custom objects which implement the bindable interfaces.
Edit:
Looks like you can just use the 'Update' method on the tableadapter and pass in the dataset thats automatically defined for you (the dataset will be holding the actual data you are editing). So if you stick a 'save' button on the page and then in the save method call YourTableAdapter.Update(YourDataSource) that should do it - I'll give it a try!
You would use the metadata table to fill the list for the combobox and then bind the list to the 'degree' fields on your persons table
There are numerous ways to actually accomplish this, I'll run through a straight forward method using the datasource wizard
1. Drop a combobox onto the page
2. Go to the 'Data Sources' window which is usually docked on the left and add a new data source
3. Pick your data provider (I've picked database)
4. Set up your connection to connect to the database. I've just included the connection data in the application for the sake of simplicity
5. Choose the table you wish to bind to - this will be the 'metadata' table with your degrees
6. Finish the wizard, now in the datasources window you should have your table visible.
7. Drag the whole table onto the combobox
8. The program will assign the DisplayMember and ValueMember of the combobox automatically, you can modify it in the combobox properties - the ValueMember is the underlying identifier (the ID column) whereas the DisplayMember is the value you will actually see in the box
9. Repeat steps 1-6 to add your 'persons' table to the datasources window (you can use the same connection as you used before, you won't need to add another)
10. Once you have added the persons table, in the datasources window expand the persons table so you can see all of the actual columns of the table.
11. Find the column you will be binding to (the degree1 column for instance) and drag that onto the combobox.
12. Finished!
Of course you will need to make sure that a certain record from your persons table is selected as the datasource contains a record pointer - you can always drop a BindingNavigator control on there and associate it with the datasource but it does look a bit 'Microsoft Accesss' so I don't use them. Of course you will probably be getting to your persons form via a persons list in the first place so naturally you will be passing in the persons 'ID' and finding that person in the table using the ID
Either way your combobox is bound - your metadata is bound to the item list of the combobox and the persons tables 'degree1' field is bound to the selected value of the box. Visual Studio tends to be quite intelligent in this respect - if you drag a data column onto a bindable control it knows that it should bind the 'value' of that control to the data source. If you drag an entire data table or data container onto the control it knows to bind any 'list' objects to it.
VS 2008 will have already added the necessary code to 'bind' the objects at runtime - check your 'onload' function in the VB code
Of course you've only really got one thing to bind to on a textbox so you get different functionality (with respect though you can actually bind to any property of a control but most of the time why would you want to?)
This is just an example of how to bind to a control - the data exists in memory, so any changes you make won't affect the database immediately. In fact I'm not 100% on how the data gets written back with tableadapters. You may want to read up on them, I usually use custom objects which implement the bindable interfaces.
Edit:
Looks like you can just use the 'Update' method on the tableadapter and pass in the dataset thats automatically defined for you (the dataset will be holding the actual data you are editing). So if you stick a 'save' button on the page and then in the save method call YourTableAdapter.Update(YourDataSource) that should do it - I'll give it a try!
more...
rpulipati
09-08 01:03 PM
internet, i updated my signature to indicate: attending for rally. can you please do the same. If you dont know what extactly IV is asking law-makers in rally, please do not worry to answer.
JazzByTheBay, Thanks for your response.
I understand a fixed proposal is not in place yet. Is it not wise to propose a bill ASAP before rally? Are there any benchmarks for rally? Having a fixed proposal in hand may will help clear representation.
Law-makers may not understand, if we just say, expedite our GC applications. They understand bills.
Note: When supporters of illegal immigrantion did the rally, they wanted CIR to be passed.
As mentioned before, I have good faith in IV & attending rally. So, people dont drag around it.
The clear answer is:
We are doing this rally to get greencards.
Do you want to get it or not?
If yes, then come.
If no, then go back to where you came from.
JazzByTheBay, Thanks for your response.
I understand a fixed proposal is not in place yet. Is it not wise to propose a bill ASAP before rally? Are there any benchmarks for rally? Having a fixed proposal in hand may will help clear representation.
Law-makers may not understand, if we just say, expedite our GC applications. They understand bills.
Note: When supporters of illegal immigrantion did the rally, they wanted CIR to be passed.
As mentioned before, I have good faith in IV & attending rally. So, people dont drag around it.
The clear answer is:
We are doing this rally to get greencards.
Do you want to get it or not?
If yes, then come.
If no, then go back to where you came from.
ita
01-11 12:12 PM
Jungalee43, Thanks for sharing the information. I've contacted Murali Bashyma too.He responded back saying he'll contact me tomorrow.
Hope I'll get my AC21 concerns straightened.
Thank you.
I have mentioned details about Murali Bashyam in some other post. I was introduced to him in a IAFPE seminar on immigration and stayed in touch with him for last three years (and he is finally on my file too). In my AC21 processing he helped me even though he was not my official attorney and did not charge me a penny. I found him a thoroughly gentle person and he always replies very promptly.
Here are contact details: -
Murali Bashyam - Managing Partner
Bashyam Spiro & Edgerton LLP - Immigration Law Group
www.bashyamspiro.com
919 833-0840 x28
919 833-4722 fax
Hope I'll get my AC21 concerns straightened.
Thank you.
I have mentioned details about Murali Bashyam in some other post. I was introduced to him in a IAFPE seminar on immigration and stayed in touch with him for last three years (and he is finally on my file too). In my AC21 processing he helped me even though he was not my official attorney and did not charge me a penny. I found him a thoroughly gentle person and he always replies very promptly.
Here are contact details: -
Murali Bashyam - Managing Partner
Bashyam Spiro & Edgerton LLP - Immigration Law Group
www.bashyamspiro.com
919 833-0840 x28
919 833-4722 fax
TUnlimited
11-07 05:22 PM
By the way, I got my EAD. I don't want to spend money
You can start to earn money instead by filling those stupid forms for somebody else... You got EAD, open you secondary business....:D
You can start to earn money instead by filling those stupid forms for somebody else... You got EAD, open you secondary business....:D
rbharol
08-22 12:58 AM
See page 3 on this:
http://www.competeamerica.org/resource/h1b_glance/NFAP_Study.pdf
If per country limit of 7% stays, how much relief would it bring in terms of
priority dates for India/China born individuals?
I do not think there shall be any significant positive movement in Priority dates. Even if annual numbers go to 290K from 140K and dependents are excluded. It is about 4 times meaning if earlier we had 10K for India including sposes meaning 5K effectively, now it will be appx 20K effectively!
Think of number of applicants from India and China and think of the flood coming when all backlog is cleared! I dont think we should expect big jump in priority dates.
Am I getting too pessimistic?
http://www.competeamerica.org/resource/h1b_glance/NFAP_Study.pdf
If per country limit of 7% stays, how much relief would it bring in terms of
priority dates for India/China born individuals?
I do not think there shall be any significant positive movement in Priority dates. Even if annual numbers go to 290K from 140K and dependents are excluded. It is about 4 times meaning if earlier we had 10K for India including sposes meaning 5K effectively, now it will be appx 20K effectively!
Think of number of applicants from India and China and think of the flood coming when all backlog is cleared! I dont think we should expect big jump in priority dates.
Am I getting too pessimistic?
inskrish
07-18 01:22 AM
Today is a great day in IV history!
We filed our AOS last week (EB3 PD Jan 2007). My wife is currently pregnant and so she could not take all the vaccinations that are required in the medicals. She did the other required medicals though.
My question: Will this cause our applications to be denied? OR will they allow my wife to get the shots after our baby is born?
Anyone with experience please help.
Thanks in advance!
As long as you can submit your wife's pregnency certificate, you are OK. Besides, since your case will take at least 5 years to get the approval, you don't need to bother about RFEs.:-)
Regards,
IK
We filed our AOS last week (EB3 PD Jan 2007). My wife is currently pregnant and so she could not take all the vaccinations that are required in the medicals. She did the other required medicals though.
My question: Will this cause our applications to be denied? OR will they allow my wife to get the shots after our baby is born?
Anyone with experience please help.
Thanks in advance!
As long as you can submit your wife's pregnency certificate, you are OK. Besides, since your case will take at least 5 years to get the approval, you don't need to bother about RFEs.:-)
Regards,
IK
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