prakgc
07-24 03:19 PM
Don't send a second time. It could cause lot of problems if you filed twice later according to my lawyer.
Folks,
My lawyer said he sent my I-485 application on June29th, Friday thru USPS Priority mail with out tracking number and believes that it should reached on July 2nd to Nebraska Service center. I am not even sure if it reached the destination or not.
As many of you being in the same boat, I don't know where my I-485 application is at this point . As of now neither my Checks have been cashed nor have I got the rejected 485 envelope.
I called USCIS couple of times with out much of luck as they don't know where my application is and asked me wait till 31st July giving them 30 days time from the day of filing.
So my question if I don't hear back back anything until Aug1st week, is it possible to file I-485 for the second time. If that is ok then would it complicate the issue by having 2 I-485 applications.
Thanks for your help in advance. Please let me know your thoughts.
Folks,
My lawyer said he sent my I-485 application on June29th, Friday thru USPS Priority mail with out tracking number and believes that it should reached on July 2nd to Nebraska Service center. I am not even sure if it reached the destination or not.
As many of you being in the same boat, I don't know where my I-485 application is at this point . As of now neither my Checks have been cashed nor have I got the rejected 485 envelope.
I called USCIS couple of times with out much of luck as they don't know where my application is and asked me wait till 31st July giving them 30 days time from the day of filing.
So my question if I don't hear back back anything until Aug1st week, is it possible to file I-485 for the second time. If that is ok then would it complicate the issue by having 2 I-485 applications.
Thanks for your help in advance. Please let me know your thoughts.
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krishna_brc
06-30 11:11 PM
My questions is I want to continue staying on H1 :
1) Can I get further H1 extensions even though the underlying I-140 is revoked?
Ans -Yes, you can get H1 extension as long as your total H1 period of stay in United States is less than 6 years.
If you have passed your 6 years H1 term then you CANNOT extend your H1 as your 140 revoked.
**You can use AC21 to join different company (same/similar job rule applies)
2) The I-140 is being revoked because the position is not there anymore. Will this impact my pending I485 in anyway. If the company revokes I-140 based on this reason. Do I need to take a letter from them stating that when they filed for my GC their intent was to hire me?[/QUOTE]
Ans - It was their intent to hire YOU, which is evident since they filed your 140.
Revoking 140 will NOT harm your pending 485 as long as you can find same or similar job - AC21 ( as long as you have passed 180 days after filing 485)
Thanks,
Krishna
1) Can I get further H1 extensions even though the underlying I-140 is revoked?
Ans -Yes, you can get H1 extension as long as your total H1 period of stay in United States is less than 6 years.
If you have passed your 6 years H1 term then you CANNOT extend your H1 as your 140 revoked.
**You can use AC21 to join different company (same/similar job rule applies)
2) The I-140 is being revoked because the position is not there anymore. Will this impact my pending I485 in anyway. If the company revokes I-140 based on this reason. Do I need to take a letter from them stating that when they filed for my GC their intent was to hire me?[/QUOTE]
Ans - It was their intent to hire YOU, which is evident since they filed your 140.
Revoking 140 will NOT harm your pending 485 as long as you can find same or similar job - AC21 ( as long as you have passed 180 days after filing 485)
Thanks,
Krishna
Lollerskater
09-25 11:55 AM
Well Gilmout, when you ask your lawyer to answer the question like that, of course he would answer "years" instead of "months" just to be safe.
Look brother, you asked for a prediction, all of us gave you ours. Some quick answers, some really detailed and educated answers. Your lawyer told you what you didn't want to hear; Hence you came to this forum. We tried our best to steer you toward the truth.
I see you are very defensive about your lawyer. My personal opinion of him is crap. Just for your benefit, I will state my reasons again. "He's done a pretty good job so far" doesn't prove anything. What does prove something is that your PD is Oct 2005. In May 2008, the cut-off was March 2006. That's right, March 2006. That's 5 months or roughly 150 days after your PD! Do you know how many would kill to be in a situation like that?
You're telling me your lawyer sat through all that, did nothing, no inquiry, no service request, and just waited for USCIS to automatically send you the green card. That is not the definition of an awesome job in my eyes.
Take my opinion how you will. Please keep in mind I don't stand to gain anything by helping you. All this is for your benefit.
Look brother, you asked for a prediction, all of us gave you ours. Some quick answers, some really detailed and educated answers. Your lawyer told you what you didn't want to hear; Hence you came to this forum. We tried our best to steer you toward the truth.
I see you are very defensive about your lawyer. My personal opinion of him is crap. Just for your benefit, I will state my reasons again. "He's done a pretty good job so far" doesn't prove anything. What does prove something is that your PD is Oct 2005. In May 2008, the cut-off was March 2006. That's right, March 2006. That's 5 months or roughly 150 days after your PD! Do you know how many would kill to be in a situation like that?
You're telling me your lawyer sat through all that, did nothing, no inquiry, no service request, and just waited for USCIS to automatically send you the green card. That is not the definition of an awesome job in my eyes.
Take my opinion how you will. Please keep in mind I don't stand to gain anything by helping you. All this is for your benefit.
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meridiani.planum
07-09 11:50 AM
I am trying to understand something here..... I had consultation with murthy lawyers and they told me that there is no law written anywhere that states that the employer must revoke I-140 if the employees is laid-off or is not working with them anymore. I was laid off and my company is determined to revoke I-140 because thats what Fragomen lawyers suggest. I am having a hard time understanding why would they want to cause problems for me when I am not even leaving on my own and got affected because of layoff.
Does anyone use Fragomen and could ask their attorneys this question whether a company is required or obligated by law to revoke I-140. That way I can try to convince my company's attorney that another attorney within same law firm have different opinion
from what I know there are three common reasons for I-140 revoking:
- open I-140s get counted in ability-to-pay, so for smaller companies its nice to close off any unused or no longer used I-140s.
- big companies dont want to keep any open file in USCIS needlessly. In case of any audit or things like that, all those old I-140s also come into the picture, and need to be supported, responded-to and all that.
- lawyers like to charge fees one last time on a case that otherwise they are not going to work on anymore.
Does anyone use Fragomen and could ask their attorneys this question whether a company is required or obligated by law to revoke I-140. That way I can try to convince my company's attorney that another attorney within same law firm have different opinion
from what I know there are three common reasons for I-140 revoking:
- open I-140s get counted in ability-to-pay, so for smaller companies its nice to close off any unused or no longer used I-140s.
- big companies dont want to keep any open file in USCIS needlessly. In case of any audit or things like that, all those old I-140s also come into the picture, and need to be supported, responded-to and all that.
- lawyers like to charge fees one last time on a case that otherwise they are not going to work on anymore.
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Iamthejuggler
04-15 03:25 PM
*raises hand* I didn't pick it either. I'd go into why, but that wouldn't be fair on the creator. Who'd have thought it, art is subjective! :P
ivuser
02-08 10:06 AM
Hi,
There is a chance you may get extension of stay (new I 94), please note that the process is not certain.
I did not get extension approval for my parents.
Let us say for an example, my parents came to US on 01 Jan 2003 with a 10 years visa, up on entry they got 6 months approval to stay, that is till June 30 2003. Please note that this visit was the second visit to US, the first was in 2000 for 6 months.
In March 2003 we decided to request for extension of stay, as per conventional knowledge, we should not make the extension request too much in advance, it is recommended to apply 30 days before you permitted stay ends.
Applied extension on 01 June 2003, the USCIS may take 2 to 3 months to process those application. There is a website where you could monitor the status, every day we used to monitor that and found on 10 Aug 2003 stating that the extension is rejected. On 16 Aug 2003 we got a letter stating that extension is rejected and it is out of status now. Please note that there was no clear indication when the out of status time started, it is a big mess. I do know if an application is pending, it is legal and it is in status.
As per the law, if a visitor is out of status even for a day, the 10 years Visitor Visa is invalid, and could have issues for the visitor's GC process.
Only good part is, in most of the cases they do not invalidate the Visa. I have noticed in many cases the visitors had to apply for a new 10 year visitors visa and that was a big mess too.
The reason why I had to write the long reply is to give our IV members a chance to take an informed decision.
My take is, I would not recommend the extension process to any of my friends.
Thanks,
IVuser
There is a chance you may get extension of stay (new I 94), please note that the process is not certain.
I did not get extension approval for my parents.
Let us say for an example, my parents came to US on 01 Jan 2003 with a 10 years visa, up on entry they got 6 months approval to stay, that is till June 30 2003. Please note that this visit was the second visit to US, the first was in 2000 for 6 months.
In March 2003 we decided to request for extension of stay, as per conventional knowledge, we should not make the extension request too much in advance, it is recommended to apply 30 days before you permitted stay ends.
Applied extension on 01 June 2003, the USCIS may take 2 to 3 months to process those application. There is a website where you could monitor the status, every day we used to monitor that and found on 10 Aug 2003 stating that the extension is rejected. On 16 Aug 2003 we got a letter stating that extension is rejected and it is out of status now. Please note that there was no clear indication when the out of status time started, it is a big mess. I do know if an application is pending, it is legal and it is in status.
As per the law, if a visitor is out of status even for a day, the 10 years Visitor Visa is invalid, and could have issues for the visitor's GC process.
Only good part is, in most of the cases they do not invalidate the Visa. I have noticed in many cases the visitors had to apply for a new 10 year visitors visa and that was a big mess too.
The reason why I had to write the long reply is to give our IV members a chance to take an informed decision.
My take is, I would not recommend the extension process to any of my friends.
Thanks,
IVuser
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Vish
03-20 12:18 PM
Took the survey
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Jaime
09-10 04:38 PM
"Help Us Defend America" should be on our banners during the rally. That is the perfect summary of what we are doing!!!
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coolmanasip
01-22 01:44 PM
Thanks for you post.....but nothing new on AC21....same old information in new format.....
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gimme_GC2006
10-15 11:58 AM
no hope for dec 08 either..its hopeless
I think may be for jan09 we can expect spillovers..otherwise its just POS :D:D
I think may be for jan09 we can expect spillovers..otherwise its just POS :D:D
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akkakarla
07-23 04:11 PM
Our case files are in Local office and I had taken infopass appointment for about 10 times. Out of 10 times 3 times the IO was very rude and guess who is there with me: my wife :)
The other 7 times he is extremely nice and he gave all the information what ever I asked him and he is joking.
After a while I realised that it is my wife who pissed him off with her bossy character where as I used to say Sir and Officer all the time.
The other 7 times he is extremely nice and he gave all the information what ever I asked him and he is joking.
After a while I realised that it is my wife who pissed him off with her bossy character where as I used to say Sir and Officer all the time.
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reachinus
10-31 11:50 AM
My I-140 filed 6 months prior to I-485 filing.
I am sleepless now............
If I were you I will ask my atty to reflie along with the original mailing and tracking info and use the Magic Words "MAIL ROOM Don't OPEN" and hope they will accept the filing. Also see if there are any LUDs on you 140 and if any decision has been taken on your 140 and your employer is keeping u in the dark. In case of rejection/denial they will not update the status on the 140, which happend in my case for the first filing in 2004.
I am sleepless now............
If I were you I will ask my atty to reflie along with the original mailing and tracking info and use the Magic Words "MAIL ROOM Don't OPEN" and hope they will accept the filing. Also see if there are any LUDs on you 140 and if any decision has been taken on your 140 and your employer is keeping u in the dark. In case of rejection/denial they will not update the status on the 140, which happend in my case for the first filing in 2004.
more...
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raghav0
08-26 01:10 PM
Isn't it the job of the lawyer to review the resumes submitted and build a case to say why you are the best fit for this position? I am sure that's what the DOLis looking for as well - i.e. that the companies are following the protocol of advertising the position correctly and reviewing the resumes of candidates who apply. I think it will be a red flag if you don't show any resumes at this time esp. when the unemployment is so high as opposed to showing other resumes submitted.
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pete
02-06 09:01 AM
I am a surgery resident on H1B and so is my spouse.
Surgery is difficult at this stage of the game.
PhD will NOT help. Although I have a PhD its my realization that surgery program DONOT look for PhD. it sends a wrong signal many times. This may not be true in some research intensive programs. However most research intensive programs and very tough to get in. For example, UPENN, MGH, BWH.
This is not the forum to post such questions. The way to go about it is to make contacts work in surgery programs as a research fellow and slowly climb the ladder. In general they dont care musch for Indian surgical training. I went all the way there ( will not post details for personal reasons) but here I had to start from PGY1.
But like everything in life its doable. Work hard, get your PhD ( since you are already there no way out). Find a surgery program with research and get a postdoc fellow job there. Make contacts. Write papers and present work at meetings and eventually you WILL get. I got it that way and so can you.
Lastly ONCE a SURGEON ALWAYS A SURGEON. Its hard to like anything else once you choose to go down that lane. Atleast that has been my exp.
Immigration is a huge hassle. Good Programs WILL NOT sponsor visa unless they need you and invest in you.
bye bye
Surgery is difficult at this stage of the game.
PhD will NOT help. Although I have a PhD its my realization that surgery program DONOT look for PhD. it sends a wrong signal many times. This may not be true in some research intensive programs. However most research intensive programs and very tough to get in. For example, UPENN, MGH, BWH.
This is not the forum to post such questions. The way to go about it is to make contacts work in surgery programs as a research fellow and slowly climb the ladder. In general they dont care musch for Indian surgical training. I went all the way there ( will not post details for personal reasons) but here I had to start from PGY1.
But like everything in life its doable. Work hard, get your PhD ( since you are already there no way out). Find a surgery program with research and get a postdoc fellow job there. Make contacts. Write papers and present work at meetings and eventually you WILL get. I got it that way and so can you.
Lastly ONCE a SURGEON ALWAYS A SURGEON. Its hard to like anything else once you choose to go down that lane. Atleast that has been my exp.
Immigration is a huge hassle. Good Programs WILL NOT sponsor visa unless they need you and invest in you.
bye bye
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buehler
06-03 07:46 PM
Ok, I looked up AC21 and agree with you that the flow back provision is not being deleted. But the flow back provision is only for the current clauses in Immigration and Nationality Act and definitely not valid for the new clause. What that means is that any unused visa number will simply be wasted and not used by anyone while we wait for decades to get our GC. So it is really imperative that IV needs to include this flow back provision in any amendment that it is trying to put in.
P.S - Before another person tells me, let me reiterate that I have been performing on all the action items like sending faxes, money and so on.
P.S - Before another person tells me, let me reiterate that I have been performing on all the action items like sending faxes, money and so on.
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senthil1
05-08 06:28 PM
Yes it is true that history shows many times pleasant surprises for EB2 and only very few times negative surprises. For Eb3 there was no postive surprise except 2007. So EB2 will move fast and waiting time will be within 5 years most of the time as USCIS always Scrutinise EB2 applications. Still it is best option for EB3 candidates to try to convert to EB2
To me its good news atleast for EB2 I guys (Certainly my heart goes out to Poor EB3 souls).....reason-> atleast they did not move it to 'U' and it gives a indication that they have some visas left in general quota and they are counting on spill overs....I will not be surprised if they move it past to 2006 come August/September.....time and again....this VB clearly says one thing....USCIS does not have a damn clue of how many cases are pending......and yeah all those memos stating pending I485 #s are S@$%.......
To me its good news atleast for EB2 I guys (Certainly my heart goes out to Poor EB3 souls).....reason-> atleast they did not move it to 'U' and it gives a indication that they have some visas left in general quota and they are counting on spill overs....I will not be surprised if they move it past to 2006 come August/September.....time and again....this VB clearly says one thing....USCIS does not have a damn clue of how many cases are pending......and yeah all those memos stating pending I485 #s are S@$%.......
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buehler
07-23 07:20 PM
Yes, it's perfectly fine. I just got back from Vancouver last night (I'm in Los Angeles). I had no 485 receipt (mailed 6/19). I'm on H1, still valid and maintaining it, its perfectly fine. No problems at the airport/US Imm on the way back. Only thing is they fingerprinted me and took photo (never happened before, I thought Canadians were exempt from that crap). But i didn't ask why. They also didn't ask about anything like applying for GC etc. He just said I should get a NEXUS card so I don't have to wait in line the next time.
Just because you got admitted in to US doesn't mean a thing as far as GC processing is concerned. I wouldn't risk it.
Just because you got admitted in to US doesn't mean a thing as far as GC processing is concerned. I wouldn't risk it.
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skynet2500
04-18 05:56 PM
I have a related question. If my I-140 is approved and if my Passport expires in 1.5 years, can I still get 3 year visa? Do I need to renew passport for 10 more years before I applu for H1B for 3 year extension?
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chunky
09-26 08:29 AM
Here is compiled list. Please fill question marks. I will update it daily.
chunky/I-140 - Pending at NSC/LUD-No/No CC/No Receipts/ Not entered in System per IO call on Sep 24/ Live in Texas area jurisdiction state
GC REK/ I-140 - aprooved from Texas/ LUD - ?/ No Receipts/ Not entered in System - ???/ Live in ?? area
gkommineni/ I-140 - Filed concurrently/ LUD - ?/ No Receipts/ Not entered in System - ???/ Live in ?? area
Janisaris/ I-140 - ??/ LUD - ?/ No Receipts/ Not entered in System - ???/ Live in ?? area
vkaledho/ I-140 - ??/ LUD - ?/ No Receipts/ Not entered in System - ???/ Live in ?? area
Looks like we there are few of us in the same boat. By reading the other threads I did not see anyone whose package was received by Fisher on any other day.
chunky/I-140 - Pending at NSC/LUD-No/No CC/No Receipts/ Not entered in System per IO call on Sep 24/ Live in Texas area jurisdiction state
GC REK/ I-140 - aprooved from Texas/ LUD - ?/ No Receipts/ Not entered in System - ???/ Live in ?? area
gkommineni/ I-140 - Filed concurrently/ LUD - ?/ No Receipts/ Not entered in System - ???/ Live in ?? area
Janisaris/ I-140 - ??/ LUD - ?/ No Receipts/ Not entered in System - ???/ Live in ?? area
vkaledho/ I-140 - ??/ LUD - ?/ No Receipts/ Not entered in System - ???/ Live in ?? area
Looks like we there are few of us in the same boat. By reading the other threads I did not see anyone whose package was received by Fisher on any other day.
deekay
04-18 09:00 PM
A related question - I am on 7th year of H1 expires Feb 08I have my EB2 Labor and I-140 approved. I-485 retrogressed. I have now got a better offer from other group in the company. However the lawyers and HR are risk averse and creating hurdles in the transfer stating that its not advisable since job description in original labor has changed.
Questions –
Once labor and I-140 are approved does job description really matter if you are not changing employers.
Can I get a 3 year extension on H1 even if more than 6 months remain before it expires, and apply for a new labor and 1-140 on a worst case basis.
Questions –
Once labor and I-140 are approved does job description really matter if you are not changing employers.
Can I get a 3 year extension on H1 even if more than 6 months remain before it expires, and apply for a new labor and 1-140 on a worst case basis.
GCard_Dream
12-06 02:55 PM
hang on.... I am looking for my magic 8 ball. :D
Honestly no one knows for sure. With the new congress with democrats in power, the chances have certainly increased that something may happen in 2007. However, it's next to impossible to predict any timeframe with any more precision than that.
I set myself a deadline of March 2007 for any reform to be passed so I can atleast decide to go Home for good, folks do you think SKIL will get passed before that ?
Honestly no one knows for sure. With the new congress with democrats in power, the chances have certainly increased that something may happen in 2007. However, it's next to impossible to predict any timeframe with any more precision than that.
I set myself a deadline of March 2007 for any reform to be passed so I can atleast decide to go Home for good, folks do you think SKIL will get passed before that ?
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