FinalGC
05-01 10:02 AM
You may be able to reopen the old case, provided the old emploer has not sent a letter to USCIS stating the intent to not persue......if not talk to old employer and lawyer....they may ask you to pay some money for it.....eventually, you may need to work for them for at least 6 months, after getting GC, which will get you legally correct in front of USCIS.
The best thing you can do now is file a new GC with new employer and recapture the 2001 PD. This is possible since your 140 was approved the first time. Make sure the first LC application is similar to the new one. This is only possible, if you keep your calm, negotiate with the old lawyer and get all the LC and 140 approval papers or whatever is needed so that you can PORT the PD and use them for the new case.
I know I am asking you to jump ahead of my case which has a PD of 2005, but hey we are here to help....hope you are able to get this sorted. Just keep calm, remember there is no problem in this world that cannot be solved....your anger will only make you do things that you might regret later.
All the best.
The best thing you can do now is file a new GC with new employer and recapture the 2001 PD. This is possible since your 140 was approved the first time. Make sure the first LC application is similar to the new one. This is only possible, if you keep your calm, negotiate with the old lawyer and get all the LC and 140 approval papers or whatever is needed so that you can PORT the PD and use them for the new case.
I know I am asking you to jump ahead of my case which has a PD of 2005, but hey we are here to help....hope you are able to get this sorted. Just keep calm, remember there is no problem in this world that cannot be solved....your anger will only make you do things that you might regret later.
All the best.
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90210
05-11 01:54 PM
Hello 90210,
If you entered on AP your status is AOS/EAD,you can transfer your H1 but you can't be on H1 status unless and until you go out of the country and enter on H1.
I talked to Murthy about this couple of months ago.
Are you sure? There is a lot of confusion.
And what do you mean " you can transfer but you can't be on H1". If I transfer H1, then I can not work here unless I get the H1 stamped?
Can some Guru please make this clear?
If you entered on AP your status is AOS/EAD,you can transfer your H1 but you can't be on H1 status unless and until you go out of the country and enter on H1.
I talked to Murthy about this couple of months ago.
Are you sure? There is a lot of confusion.
And what do you mean " you can transfer but you can't be on H1". If I transfer H1, then I can not work here unless I get the H1 stamped?
Can some Guru please make this clear?
Karthikthiru
07-19 02:27 AM
My attorney did not ask for Tax Returns for AOS. Our company uses Berry, Appleman & Leiden LLP - www.usabal.com
Thanks
Karthik
Thanks
Karthik
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chaukas
06-22 01:26 PM
Shouldn't the FBI follow the Innocent until proven guilty rule.
If a person is already in the country , then what's the point of holding up their immigration process .
If something is found later on, action can be taken.
If a person is already in the country , then what's the point of holding up their immigration process .
If something is found later on, action can be taken.
more...
Dalai Lama
02-23 02:07 PM
What kind of RFE? what they can ask.
martinvisalaw
08-18 12:46 PM
The RFE as per my employer is about Vendor/Client Details and a latest paystub from the current job. Since I started working already and was getting paid, my employer generated a paystub and supplied the same.
I would be surprised if CIS wanted a paystub from the current employer. They are more likely to have asked for one from the previous employer to prove that you were maintaining status.
I would normally not advise someone who was already out of work to use H-1B portability to start working for a new employer. I always recommend waiting until the new H-1B is approved. Given the gap between ending the old job and filing this H-1B, there is a strong chance that CIS will not approve the change of employer petition. This means that you have been working without authorization.
See this blog posting for more details: Law Office of Elaine Martin - immigration news: Consequences of layoffs on H-1B workers - Part 1 (http://martinvisalaw.blogspot.com/2009/02/consequences-of-layoffs-on-h-1b-workers.html).
I would be surprised if CIS wanted a paystub from the current employer. They are more likely to have asked for one from the previous employer to prove that you were maintaining status.
I would normally not advise someone who was already out of work to use H-1B portability to start working for a new employer. I always recommend waiting until the new H-1B is approved. Given the gap between ending the old job and filing this H-1B, there is a strong chance that CIS will not approve the change of employer petition. This means that you have been working without authorization.
See this blog posting for more details: Law Office of Elaine Martin - immigration news: Consequences of layoffs on H-1B workers - Part 1 (http://martinvisalaw.blogspot.com/2009/02/consequences-of-layoffs-on-h-1b-workers.html).
more...
anilsal
08-06 12:45 AM
First they need to cope with the scores of petetions, USCIS and FBI.
For how long will they work overtime to resolve this mess? such bouts as the one we saw in the last two weeks of june are short and few. If they are smart they will flush out the approvable cases early without going thru the EAD cycles year after year.
This is exactly opposite to what they have been doing. If there were 60k approvable cases, i wonder what they were doing all this time. Approving those cases earlier wud have allowed others to get in the system earlier.
Additional VISA numbers may not help anybody, if they don't use them properly
Hopefully things will get better from now onwards?? ;) Maybe the july VB being current was a sign that things in the future will be bright. We can just hope, be positive and support IV in its efforts. :)
Now that IV is 22K members strong. Just imagine how much of a difference we all can make. :) Great journey within 2 years.
For how long will they work overtime to resolve this mess? such bouts as the one we saw in the last two weeks of june are short and few. If they are smart they will flush out the approvable cases early without going thru the EAD cycles year after year.
This is exactly opposite to what they have been doing. If there were 60k approvable cases, i wonder what they were doing all this time. Approving those cases earlier wud have allowed others to get in the system earlier.
Additional VISA numbers may not help anybody, if they don't use them properly
Hopefully things will get better from now onwards?? ;) Maybe the july VB being current was a sign that things in the future will be bright. We can just hope, be positive and support IV in its efforts. :)
Now that IV is 22K members strong. Just imagine how much of a difference we all can make. :) Great journey within 2 years.
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ruchigup
08-22 10:31 PM
Thanks for all the inputs....
more...
Alabaman
01-19 08:57 PM
Nothing is going to get done in Congress anymore.
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gondalguru
07-08 07:53 PM
As tax returns are filed online now (I used turbotax).... do u need to attach all the 1099s (1099 div, 1099 misc etc) that u get from bank, brokers etc to 1040 forms???
more...
sintax321
05-28 02:56 AM
Soul you jsut wasted 10 min of my life waiting for your transitons........Good Job!!!
The most beutiful ugly site ever.
The most beutiful ugly site ever.
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perm2gc
08-24 10:22 PM
If I were you, I would read the "captions" before responding.:mad: come out of box dude
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linuxra
07-23 03:00 PM
Are u from vision systems too...and do u know anybody got approved
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anurag
02-12 02:12 PM
Freakin_GC,
I am in the same boat as you. My wife was born in another country besides India, hence the Cross Chargeability. However our (Wife and my) 485s have been filed already. I am not sure how to get into the ROW boat.
All I can offer now is that I'll post whatever I hear from my lawyer. Let me know what you can find from your end.
Regards,
Anurag
I am in the same boat as you. My wife was born in another country besides India, hence the Cross Chargeability. However our (Wife and my) 485s have been filed already. I am not sure how to get into the ROW boat.
All I can offer now is that I'll post whatever I hear from my lawyer. Let me know what you can find from your end.
Regards,
Anurag
more...
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pani_6
08-23 10:49 AM
People who have gotten thier Gc approved recently...by getting pre-approved..LC's applying in e2-rir even though they do not qualify in EB2.people who did MS from top schools and stayed with good companies are in e2/ e3 categories are in BEC.....What an irony..
Is there any use in comming here as a student?? anymore..
Is there any use in comming here as a student?? anymore..
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chanduv23
02-25 10:56 PM
Do not move to IT!
Are you crazy?? IT is indentured servitude for some desi consultant!
stay away.. there are already plenty of slaves..
It all depends on how you look at it. Under the h1b program anyone is a indentured slave, just not indian software engineers. There are good consulting companies and do pay well.
There seems to be a misconception about software and consulting companies. This seems to be perception based on what people hear or see, but in reality, if the person is capable and good, he/she does not have issues with employer/ nor does employer has issues with the person. While Desi consulting companies seem to stretch rules and have their own ways of handling business, they are also a part of the system. They act like a feeder to system, acting as buffer between layoffs and also specialize in immigration and can be really flexible at times and also give you a share of the billing rates which is not possible in a permanant job where there is career stagnation and lack of mobility.
Are you crazy?? IT is indentured servitude for some desi consultant!
stay away.. there are already plenty of slaves..
It all depends on how you look at it. Under the h1b program anyone is a indentured slave, just not indian software engineers. There are good consulting companies and do pay well.
There seems to be a misconception about software and consulting companies. This seems to be perception based on what people hear or see, but in reality, if the person is capable and good, he/she does not have issues with employer/ nor does employer has issues with the person. While Desi consulting companies seem to stretch rules and have their own ways of handling business, they are also a part of the system. They act like a feeder to system, acting as buffer between layoffs and also specialize in immigration and can be really flexible at times and also give you a share of the billing rates which is not possible in a permanant job where there is career stagnation and lack of mobility.
more...
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sangeethak31
07-16 08:49 PM
Thanks all the reponses.....:)
Sangeetha K
Sangeetha K
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leoindiano
07-09 02:03 PM
http://www.aila.org/content/default.aspx?docid=22772
Here's what uscis said...
Here's what uscis said...
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kprgroup
08-10 09:02 AM
Good Morning,
I went to the uscis local office. The officer told my case SRC-****7236 (765) Renewal was denied on 06/25/2010. He didn’t have the denial details. He told he will send an email to Texas USCIS asking the details. He also told my 485 motion approved and my recent travel document approved but strange that they denied EAD.
Unfortunately we (Myself & Lawyer) never received a denial notice.
My EAD is expiring sep 3rd. I know mostly they denied by without seeing my 485 motion approval.I am requesting denial notice by opening SR
Help me and suggest to overcome this SITUATION (Another wrong denial by USCIS.)
Thanks
KPR
-----------------
Background OF Myself
----------------------
1)Worked for Company A from 2003 to 2008.
2)Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
3)September 2008 I have Joined employer “B” by transferring H1B (Valid until Aug 2010).
4)Employer A revoked 140 which triggered 485 denials in October 2008.
5)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.
I went to the uscis local office. The officer told my case SRC-****7236 (765) Renewal was denied on 06/25/2010. He didn’t have the denial details. He told he will send an email to Texas USCIS asking the details. He also told my 485 motion approved and my recent travel document approved but strange that they denied EAD.
Unfortunately we (Myself & Lawyer) never received a denial notice.
My EAD is expiring sep 3rd. I know mostly they denied by without seeing my 485 motion approval.I am requesting denial notice by opening SR
Help me and suggest to overcome this SITUATION (Another wrong denial by USCIS.)
Thanks
KPR
-----------------
Background OF Myself
----------------------
1)Worked for Company A from 2003 to 2008.
2)Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
3)September 2008 I have Joined employer “B” by transferring H1B (Valid until Aug 2010).
4)Employer A revoked 140 which triggered 485 denials in October 2008.
5)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.
kish006
12-27 04:01 PM
It took about 4 weeks. Do you have H1-B extension? If so, I would suggest to use that instead of waiting for AP. The AP has new date instead of old one. Good Luck in getting the AP sooner.
IF your EAD and AP got approved with incorrect Photo. What actions ur lawyer is taking for her I-485 application. IF you 485 approved her card will come with different photo. so you lawyer suggested to you and what actions ur taking to prevent.
Let me know as I am also in same boat.
My lawyer is stupid guy he wont respond to me. he will only respond to my employer.
IF your EAD and AP got approved with incorrect Photo. What actions ur lawyer is taking for her I-485 application. IF you 485 approved her card will come with different photo. so you lawyer suggested to you and what actions ur taking to prevent.
Let me know as I am also in same boat.
My lawyer is stupid guy he wont respond to me. he will only respond to my employer.
ashshef
08-31 12:44 AM
Unfortunately this won't help....of course assuming you find a way to do it :)
They look at the country of birth to determine the quota....not country of citizenship.
They look at the country of birth to determine the quota....not country of citizenship.
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