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unknown123
11-09 12:01 PM
What is your PD?
Good luck
Employer need to demonstrate 'Ability to Pay' from PD till I-140 is approved. Since you've used Nov 2004 labor, I assume that your PD is 'Nov 2004'. In this case your employer has to demonstrate ability to pay for year 2005 (even if you were not employed that time). If they have shown loss in 2005 tax return, chances are that your petition will be declined and only option is MTR and/or AAO.
Here is some good info... http://www.ilw.com/articles/2005,0118-guevara.shtm
You need a real good lawyer.
All the best
Good luck
Employer need to demonstrate 'Ability to Pay' from PD till I-140 is approved. Since you've used Nov 2004 labor, I assume that your PD is 'Nov 2004'. In this case your employer has to demonstrate ability to pay for year 2005 (even if you were not employed that time). If they have shown loss in 2005 tax return, chances are that your petition will be declined and only option is MTR and/or AAO.
Here is some good info... http://www.ilw.com/articles/2005,0118-guevara.shtm
You need a real good lawyer.
All the best
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eastindia
10-06 04:56 PM
I just noticed on IV homepage that ex USCIS ombudsman is now IV board of advisors.
wandmaker
10-22 11:42 PM
Not really. Spouse's 485 needs to be independently denied before the spouse gets into trouble. However, if the spouse is on EAD, then they get out of status immediately upon the denial of their application. Also, illegality of primary depends on whether H1/L1 status is maintained.
(Note that if the primary is still on H1, spouse can leave the country, and come back on H4 ).
he and his wife both are working on EAD so they do not have non-immigrant status. If his application is denied, eventually spouse will also get denied. You are legal until it gets denied. Even after denial, you can appeal.... but it all depends on reason for denial. Thats what i mean :)
(Note that if the primary is still on H1, spouse can leave the country, and come back on H4 ).
he and his wife both are working on EAD so they do not have non-immigrant status. If his application is denied, eventually spouse will also get denied. You are legal until it gets denied. Even after denial, you can appeal.... but it all depends on reason for denial. Thats what i mean :)
2011 nuevo-fiat-uno-2010-13
thokar
08-18 04:12 PM
:confused:Hi all,
I have a situation,
I joined employer A and substituted labor with 2004 priority date. And it has been approved already, my understanding is labor substitution is nothing but filing I 140 but with some one else labor.
My current situation is, I got a perm job and have approached company attorney and she saying / asking, since this is labor substitution case, so, I need to have letter from employer �A� saying that labor used for me was initially filed for person X and he later left the company. Hence that has been used for me.
This is required to prove that there is no fraud happened while filing my case.
As you all know, in this current situation, I can not go back and ask employer �A� about that letter.
Any suggestions etc please provide.
Just to remember
REQUEST A SET OF COPIES WHEN EVER ATTORNEY FILING / FOLLOW UP ANY RFE etc FOR YOU. IRRESPECTIVE WHETHER YOU PAY OR COMPLANY PAYS GC FEES
Thanks,
I have a situation,
I joined employer A and substituted labor with 2004 priority date. And it has been approved already, my understanding is labor substitution is nothing but filing I 140 but with some one else labor.
My current situation is, I got a perm job and have approached company attorney and she saying / asking, since this is labor substitution case, so, I need to have letter from employer �A� saying that labor used for me was initially filed for person X and he later left the company. Hence that has been used for me.
This is required to prove that there is no fraud happened while filing my case.
As you all know, in this current situation, I can not go back and ask employer �A� about that letter.
Any suggestions etc please provide.
Just to remember
REQUEST A SET OF COPIES WHEN EVER ATTORNEY FILING / FOLLOW UP ANY RFE etc FOR YOU. IRRESPECTIVE WHETHER YOU PAY OR COMPLANY PAYS GC FEES
Thanks,
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immique
03-30 12:27 AM
please update us on when you get your visa and please post your entire experience as it would help others. you should have applied for AP while you are in US. Now that you are outside and do not have AP, the only options I see are you just wait on the visa from US consulate in Canada or alternatively, you can request your passport back telling them that you would like to apply for visa in India as you cannot stay in Canada for an extended period of time.
Munna Bhai
02-11 07:41 PM
Hi All:
Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.
This is very grey area but technically you are out-of-status if I-140 is revoked but USCIS is taking too long for revoking the cases.Hence see to it that your new company goes with GC processing soon and get your I-140 approved.
Here is your situation, H1b is only for 6 years so if you are getting an extension after 6 years then there should be some proof(labor pending or I-140 approved) so if this proof goes off due to I-140 being revoked, USCIS has every reason to say that you are out-of-status but because of your H1 extension you have an I-94 which says that you are in-status. So one can fight on the basis of I-94.
Hope this helps.
Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.
This is very grey area but technically you are out-of-status if I-140 is revoked but USCIS is taking too long for revoking the cases.Hence see to it that your new company goes with GC processing soon and get your I-140 approved.
Here is your situation, H1b is only for 6 years so if you are getting an extension after 6 years then there should be some proof(labor pending or I-140 approved) so if this proof goes off due to I-140 being revoked, USCIS has every reason to say that you are out-of-status but because of your H1 extension you have an I-94 which says that you are in-status. So one can fight on the basis of I-94.
Hope this helps.
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hiralal
10-08 04:40 PM
Visa Bulletin for November 2010 (http://www.travel.state.gov/visa/bulletin/bulletin_5172.html)
2010 El diseño del Nuevo Uno
greencardvow
07-26 01:46 PM
Lawful entry isnt just interpreted by having the 797 approval. If you have W-2 / pay slip you are good. Also USICS can only ask for these documents since your last entry in US. So dont worry for the old W-2's. Just the ones since you last entered in US.
I do not have the approval notice used to obtain a visa to enter the country for the very first time in 2001.
All attempts to obtain a copy of the I-797 from company/attorney have failed and so I have filed a I-824 for a duplicate. That will take a few months.
I am wondering what will happen if USCIS issues a RFE on my I-485 asking for evidence of lawful presence all these years.
I don't have all the I-94s either. I do have the visa stamp on my passport.
I do not have the approval notice used to obtain a visa to enter the country for the very first time in 2001.
All attempts to obtain a copy of the I-797 from company/attorney have failed and so I have filed a I-824 for a duplicate. That will take a few months.
I am wondering what will happen if USCIS issues a RFE on my I-485 asking for evidence of lawful presence all these years.
I don't have all the I-94s either. I do have the visa stamp on my passport.
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alterego
06-26 07:28 PM
You do not always have a LUD on your 485 when your EAD/AP is processed. I have had 4 such applications so far, my wife likewise. Once, out of these 8 times(Collectively for both of us) there was an LUD and subsequently an easily cleared up RFE(about current job) for me.
LUDs on 485 are more frequent when you are about to get biometrics notice or when they are processing your file or before your petition is approved.
LUDs on 485 are more frequent when you are about to get biometrics notice or when they are processing your file or before your petition is approved.
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willIWill
02-03 05:00 PM
That's right.
I think they would have excluded it since the EB2 ROW is current and there is no need to establish a cut-off date.
I think they would have excluded it since the EB2 ROW is current and there is no need to establish a cut-off date.
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willwin
05-14 12:39 PM
I'm not sure what made you decide for CP. There maybe valid reasons or you maybe misguided.
I have heard some people use the CP route thinking that once the dates get current, they will get Green Card faster than AOS route. Some people use it as a back-up. But I am not sure what made you opt for this if you knew you will deny yourself EAD and AP benefits.
I was misguided.
But what about people with PD as early as 2002/2003? Or do we not have anyone with PD 2002/2003 who are pursuing CP?
I assume there could be 10 to 15% CP filers out of total, say, 400K pending 485 cases. So, between 40 to 50k CP filers. Not sure how many out of this would be India/China. Is this number not big enough for asking for some admin fix?
I know EAD is not for CP filers today. I also believe EAD is one of the things that USCIS can issue with an admin fix.
If DOS/USCIS know very well that this retrogression is gonna be there for the next 5-10 years and EB3 I have to wait for 10-15 years, does it not make sense to ask for a relief like EAD for CP filers?
I have heard some people use the CP route thinking that once the dates get current, they will get Green Card faster than AOS route. Some people use it as a back-up. But I am not sure what made you opt for this if you knew you will deny yourself EAD and AP benefits.
I was misguided.
But what about people with PD as early as 2002/2003? Or do we not have anyone with PD 2002/2003 who are pursuing CP?
I assume there could be 10 to 15% CP filers out of total, say, 400K pending 485 cases. So, between 40 to 50k CP filers. Not sure how many out of this would be India/China. Is this number not big enough for asking for some admin fix?
I know EAD is not for CP filers today. I also believe EAD is one of the things that USCIS can issue with an admin fix.
If DOS/USCIS know very well that this retrogression is gonna be there for the next 5-10 years and EB3 I have to wait for 10-15 years, does it not make sense to ask for a relief like EAD for CP filers?
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morchu
05-05 12:16 PM
The key is "same or similar" employment. Wage, Location etc can be different.
Having a huge difference in wage (higher/lower), might need a good explanation, since a huge difference can point to question on the "same/similar" behavior of the new job.
Don't worry about this. My husband too got a similar RFE with regards to employment verification. Your wage being higher should not pose any problems to you. I believe this kind of RFE is more rampant now considering the economy and the recession we are in.
Having a huge difference in wage (higher/lower), might need a good explanation, since a huge difference can point to question on the "same/similar" behavior of the new job.
Don't worry about this. My husband too got a similar RFE with regards to employment verification. Your wage being higher should not pose any problems to you. I believe this kind of RFE is more rampant now considering the economy and the recession we are in.
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gc4me
05-31 08:18 AM
How can we reach the rest of ~496,000 skilled immigrants who are waiting for their green cards? where are they??
I am not an active IV member but not inactive as well. I called all my retrogressed H1B DESHI friends, talked to my colleagues and reached almost everyone that I known.
Some of them don’t even know what is visa number, when you can apply 485 etc basic things, unbelievable. They are here 3/4/5 years and already applied for LC. (MESSAGE EDITED) It is very difficult to reach them let alone request for donation.
I am not an active IV member but not inactive as well. I called all my retrogressed H1B DESHI friends, talked to my colleagues and reached almost everyone that I known.
Some of them don’t even know what is visa number, when you can apply 485 etc basic things, unbelievable. They are here 3/4/5 years and already applied for LC. (MESSAGE EDITED) It is very difficult to reach them let alone request for donation.
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SureShot
04-28 02:23 PM
I picked IronKart but not by much. It was much shinier and brighter than my second choice - Sens.
If Sens' was brighter and I could see more, I think I would have picked it cause it was closer up and had more detail. I couldnt even see cyber's - the link was dead?
If Sens' was brighter and I could see more, I think I would have picked it cause it was closer up and had more detail. I couldnt even see cyber's - the link was dead?
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rbalaji5
11-05 12:46 PM
Hi GKBest
Any updates on infopass?. Let us know. Thanks.
Any updates on infopass?. Let us know. Thanks.
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Dhundhun
06-25 02:16 AM
Thanks for replying.
For question number 3 can you give more details. What is AVR.
Basically when going to neighbouring countries we give our I94 card and when entering the country(USA) they give a new I94card and stamp and put the date on it.
so is it advisable to go out of country and reenter that way i will have new I94 card with new date on it, My only concern i got my ssn does it mean i lost H4 status as H4 are never given ssn, so in this situation if i go out of country and enter again will they put me questions as i have valid visa, i never applied AP and applied EAD but never used it.
AVR stands for Automatic Visa Revalidation (http://www.wright.edu/ucie/students/travelautorevalidation.html).
AVR is used, when travel is less than 30 days, Visa expired but I94 is valid.
As a result of AVR procedures (even if you don't want to use AVR because you have valid visa), when you go to neighbouring country (such as Canada) and returning, at POE (point of entry) officer asks for I94 and if I94 is valid, you don't get new I94.
Getting SSN does not put you out of H4 status. You need to show intention to work - as one of the examples using I-9 form to notify an employer puts out of H4 status.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=31b3ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
You have valid Visa.
#1. You go to India and when you come back, you get new I94.
#2. If you go to Canada, after I94 is expired (less than 6 months out of status) you defenetely get new I94.
#3. If you go to Canada, while I94 is valid you may request new I94. For business visitor they refuse new I94. Can someone commet, what happens in case of H1B or H4 Visa?
For question number 3 can you give more details. What is AVR.
Basically when going to neighbouring countries we give our I94 card and when entering the country(USA) they give a new I94card and stamp and put the date on it.
so is it advisable to go out of country and reenter that way i will have new I94 card with new date on it, My only concern i got my ssn does it mean i lost H4 status as H4 are never given ssn, so in this situation if i go out of country and enter again will they put me questions as i have valid visa, i never applied AP and applied EAD but never used it.
AVR stands for Automatic Visa Revalidation (http://www.wright.edu/ucie/students/travelautorevalidation.html).
AVR is used, when travel is less than 30 days, Visa expired but I94 is valid.
As a result of AVR procedures (even if you don't want to use AVR because you have valid visa), when you go to neighbouring country (such as Canada) and returning, at POE (point of entry) officer asks for I94 and if I94 is valid, you don't get new I94.
Getting SSN does not put you out of H4 status. You need to show intention to work - as one of the examples using I-9 form to notify an employer puts out of H4 status.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=31b3ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
You have valid Visa.
#1. You go to India and when you come back, you get new I94.
#2. If you go to Canada, after I94 is expired (less than 6 months out of status) you defenetely get new I94.
#3. If you go to Canada, while I94 is valid you may request new I94. For business visitor they refuse new I94. Can someone commet, what happens in case of H1B or H4 Visa?
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IWannaBeHowdy
12-01 12:33 PM
Hello Everyone,
My employer filed for my H1-B extension and I have already received the Receipt with "Received date" and "Notice Date" of October 21, 2008 and October 24, 2008 respectively." My case is in Vermont Center.
When I do the case search on USCIS.gov site, it says:
"Your case can not be found at this time in Case Status Online. Please check your receipt number and try again. If you need further assistance, you can either call the National Customer Service Center at 1.800.375.5283, or you can send an e-mail to uscis.webmaster@dhs.gov."
I found at least one forum member in similar situation. Are there anyone else out there with the similar situation. Just trying to see if this is a unique issue or its happening to few more people. Please drop in a line if you are in a similar situation. We would appreciate it a lot.
Thanks
PS: Worthy to mention the numbers and email listed on the error message leads you no where. I wonder why they even have it there.
My employer filed for my H1-B extension and I have already received the Receipt with "Received date" and "Notice Date" of October 21, 2008 and October 24, 2008 respectively." My case is in Vermont Center.
When I do the case search on USCIS.gov site, it says:
"Your case can not be found at this time in Case Status Online. Please check your receipt number and try again. If you need further assistance, you can either call the National Customer Service Center at 1.800.375.5283, or you can send an e-mail to uscis.webmaster@dhs.gov."
I found at least one forum member in similar situation. Are there anyone else out there with the similar situation. Just trying to see if this is a unique issue or its happening to few more people. Please drop in a line if you are in a similar situation. We would appreciate it a lot.
Thanks
PS: Worthy to mention the numbers and email listed on the error message leads you no where. I wonder why they even have it there.
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GCBy3000
06-18 02:20 PM
I heard that with new fee structure, you get to get the EAD and AP at no cost every additional year. Is that not true?
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MartinR
February 16th, 2005, 08:56 AM
Thanks a million MatsP. Here's proof of what I wrote about still learning about this camera after 4 years: I'd never come across EXIF before and after searching through the camera manual I figured I probably didn't have it. Just in case, though, I rumaged around in Irfan and Picture Window Pro and found that all that EXIF information is there after all and I never knew it. I will now take a photo at what I have calculated is the 50mm standard equiv focal length and then check the EXIF to see how close it is.
So, I'm really grateful for your drawing that to my attention. By the way, Farmborough - brings back memories of cycling from the RAE YMCA through to NGTE each day some 25 years ago. I know the YMCA's not there any more and I'm sure the RAE and NGTE have undergone many changes of name since then.
Thanks again
Martin
So, I'm really grateful for your drawing that to my attention. By the way, Farmborough - brings back memories of cycling from the RAE YMCA through to NGTE each day some 25 years ago. I know the YMCA's not there any more and I'm sure the RAE and NGTE have undergone many changes of name since then.
Thanks again
Martin
rahulpaper
11-17 07:48 AM
Your priority date should be prior to cutoff date in visa bulletin to file a 485.
Also...your priority date should be prior to cutoff date in visa bulletin for you to get final approval (visa number and green card).
The administrative processing (FP/NameCheck etc) continue if the cutoff date retrogresses after one has filed 485 but the final approval will not happen untill your PD is greater than cutoff date in visa bulletin.
I have applied for my 485 in July because then the PD's were current. Now the PD's are moved back . Does that i will get my GC delayed too. Does the processing of 485 is related to PD's . I thought the PD's are only related to the dates when you can apply for 485 not processing. Correct me if i am wrong.if PD's are also related to getting GC's then what the I-485 processing dates?
Also...your priority date should be prior to cutoff date in visa bulletin for you to get final approval (visa number and green card).
The administrative processing (FP/NameCheck etc) continue if the cutoff date retrogresses after one has filed 485 but the final approval will not happen untill your PD is greater than cutoff date in visa bulletin.
I have applied for my 485 in July because then the PD's were current. Now the PD's are moved back . Does that i will get my GC delayed too. Does the processing of 485 is related to PD's . I thought the PD's are only related to the dates when you can apply for 485 not processing. Correct me if i am wrong.if PD's are also related to getting GC's then what the I-485 processing dates?
sertasheep
06-30 04:33 PM
How many of you are willing to share your name and full details of yourselves and application with the media and lawmakers?
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