PDOCT05
10-30 04:40 PM
Update to my case. Submitted Originally on July 2nd for I-140/I-1485. USCIS Sent back everything on Aug�28 stating Original Labor missing. Attorney sent back the case on Sep 11th with a cover letter that the labor could be requested by USCIS to DOL. The copy of ETA9089 & certified online copy was attached with the original case. I was hoping that they will accept the case this time as I have seen similar cases where they accept the case and issue RFE at a later date. Attorney also mentioned that he got receipts for similar cases like this.
Today- USCIS returned back the application (both I-140 & I-1485) with the letter saying that the dates are not current even though the date stamped was July 2nd on the case. I talked to attorney and he is planning to send the case back to them giving examples on the similar cases and putting a strong cover letter. The final plan of action still needs to be finalized. Looks like I am the unlucky one presently from the batch of 400 K applications. I don�t know how to express my pain, agony frustration I have gone through the last 4 months. I don�t have words to express myself but just feel so terribly sad and disappointed from this whole process I have been going through... I am also planning to contact the local senators /congressman and sought their help & attention.
I am very sorry to see this happened to you. Please talk to your lawyer and ask him to handle it good. Contacting local senators/Congressman will help you..good luck.
Today- USCIS returned back the application (both I-140 & I-1485) with the letter saying that the dates are not current even though the date stamped was July 2nd on the case. I talked to attorney and he is planning to send the case back to them giving examples on the similar cases and putting a strong cover letter. The final plan of action still needs to be finalized. Looks like I am the unlucky one presently from the batch of 400 K applications. I don�t know how to express my pain, agony frustration I have gone through the last 4 months. I don�t have words to express myself but just feel so terribly sad and disappointed from this whole process I have been going through... I am also planning to contact the local senators /congressman and sought their help & attention.
I am very sorry to see this happened to you. Please talk to your lawyer and ask him to handle it good. Contacting local senators/Congressman will help you..good luck.
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ilikekilo
06-18 11:47 AM
as far as my lawyer says once on ead, even for one day you cant go bck ot h1b
gccube
04-24 10:47 AM
Mine is a substitute labor.
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Humhongekamyab
06-06 02:58 PM
Are there any specific links for complaining to these agencies?
See the 4th message in the thread.
See the 4th message in the thread.
more...
divs09
06-19 12:55 AM
Hello All,
I am contacting you regarding an Inquiry of
" H1B Approved without I-94 and to appeal for I-290B.
I applied for H1B Visa on Dec 23rd 2008 or change of status from H4 to H1B, H4 is Valid till Aug 06, 2009.
Please note that i was already on h1b from Oct 01st 2004 till Sep 30th , 2007, then again i applied for H4 on Dec 27th 2006 till AUG 06TH 09 2009..
So i don't fall under New H1 Quota, i.e H1CAP
keeping this in mind and only after filing, i received the receipt number on Dec 23rd 2008,and started working immediately from then onwards.
On May 01st, 2009 there was a query to my company and also on me whether i am maintaining valid non immigrant H1B classification.
On May 21st 2009, i received a letter from USCIS
saying that a response was received in which it included two pay statements for period of Jan 2009 and Feb 2009, they mentioned that the beneficiary was not eligible to work at this time and appears to have been working in United States without permission.
Change of status is denied, how ever your petition is Approved and go to Chennai for processing.Or submit a Motion to Reopen (Form I-290B ).\
Please advice me what should i do.
If i submit Form 1-290B, what are the grounds that i have to justify as it is clearly mentioned that i was not eligible to work at this time, but i am assuming that once you apply for H1 you can start working , then why in my case they have mentioned as illegal.
Second query is after applying for I-290B, can i continue to work or should i stop working until i get the update from USCIS regarding COS.
Third Query is should i apply for a new H1 and continue working.
Please advice me on this issue.
Hoping to hear from you Soon.
Thanks a lot for your help,
I am contacting you regarding an Inquiry of
" H1B Approved without I-94 and to appeal for I-290B.
I applied for H1B Visa on Dec 23rd 2008 or change of status from H4 to H1B, H4 is Valid till Aug 06, 2009.
Please note that i was already on h1b from Oct 01st 2004 till Sep 30th , 2007, then again i applied for H4 on Dec 27th 2006 till AUG 06TH 09 2009..
So i don't fall under New H1 Quota, i.e H1CAP
keeping this in mind and only after filing, i received the receipt number on Dec 23rd 2008,and started working immediately from then onwards.
On May 01st, 2009 there was a query to my company and also on me whether i am maintaining valid non immigrant H1B classification.
On May 21st 2009, i received a letter from USCIS
saying that a response was received in which it included two pay statements for period of Jan 2009 and Feb 2009, they mentioned that the beneficiary was not eligible to work at this time and appears to have been working in United States without permission.
Change of status is denied, how ever your petition is Approved and go to Chennai for processing.Or submit a Motion to Reopen (Form I-290B ).\
Please advice me what should i do.
If i submit Form 1-290B, what are the grounds that i have to justify as it is clearly mentioned that i was not eligible to work at this time, but i am assuming that once you apply for H1 you can start working , then why in my case they have mentioned as illegal.
Second query is after applying for I-290B, can i continue to work or should i stop working until i get the update from USCIS regarding COS.
Third Query is should i apply for a new H1 and continue working.
Please advice me on this issue.
Hoping to hear from you Soon.
Thanks a lot for your help,
morchu
08-02 01:14 AM
I believe it is worth the 180 days wait. And AC-21 is practical for a lot of situations. Anyway you dont really have to wait 180 days, if you can convince the current employer not to revoke the 140 (at least for the next 180 days).
My answer should have been different if you were not eligible to file 485.
Also give some serious thoughts about filing 485 before marriage. If you are unlucky enough, it can have serious side-effects.
EB3 with PD of July 2006. I-140 Approved. 485 +EAD+AP filed 2 weeks ago.
I was contemplating on job change before dates became current in June and decision to accept 485....
Now that 485 is filed and this DUST has settled, wondering whether all this is worth the wait. (even 180 days).
Currently in my 5th year of H1b, by waiting out the 6 months, I'll also get 3 yr h1b ext. (and hopefully ead by then).
So is waiting 180 days the best choice? or screw all this and change! (I dunno if this AC21 etc etc is practical...same job description etc)
(I am single and those complexities are not to be considered I guess yet.
Plan is to try and change jobs on H1b and use EAD only if there is a dire need like layoff to find another job quicker)
My answer should have been different if you were not eligible to file 485.
Also give some serious thoughts about filing 485 before marriage. If you are unlucky enough, it can have serious side-effects.
EB3 with PD of July 2006. I-140 Approved. 485 +EAD+AP filed 2 weeks ago.
I was contemplating on job change before dates became current in June and decision to accept 485....
Now that 485 is filed and this DUST has settled, wondering whether all this is worth the wait. (even 180 days).
Currently in my 5th year of H1b, by waiting out the 6 months, I'll also get 3 yr h1b ext. (and hopefully ead by then).
So is waiting 180 days the best choice? or screw all this and change! (I dunno if this AC21 etc etc is practical...same job description etc)
(I am single and those complexities are not to be considered I guess yet.
Plan is to try and change jobs on H1b and use EAD only if there is a dire need like layoff to find another job quicker)
more...
sam_austin77
12-11 12:30 AM
L1A visa, validity May 2008
EB 1 category
I-140 receipt date July 27, 2007 & I-485 receipt date July 27, 2007.
When and how can I excercise AC 21 portability
Do I need an EAD for this
EB 1 category
I-140 receipt date July 27, 2007 & I-485 receipt date July 27, 2007.
When and how can I excercise AC 21 portability
Do I need an EAD for this
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chanduv23
02-25 04:11 PM
Is it referring to any USCIS docs? Has any lawyer ever warned about this? Has green card been revoked for people who had to quit jobs? Does this website point to any valid link?
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anuh1
03-24 02:21 PM
I am also in the same boat. i have applied for PWD on second week of Feb but still waiting. it looks like it is taking around 6 to 7 months just for applying labor and after that approval will be one more year assuming no RFE.
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mena
11-26 11:36 AM
Hi,
I received an RFE on my AP and it's says Proof of that I have complied with NSEERS. Now how do I proof this as looks like nobody have got such an RFE.
Thanks
I received an RFE on my AP and it's says Proof of that I have complied with NSEERS. Now how do I proof this as looks like nobody have got such an RFE.
Thanks
more...
SSNN
04-16 04:13 PM
Should we wait until my PD becomes current, to try to link our aplications? Is that necessary? Is there any danger that my husband's 485 application might get lost if USCIS denies our request to link his case to mine now since my PD is not current?
Don't know if this matters, but just this week, I got a RFE for employment verification. We have now sent necessary documents as requested by the dept.
Don't know if this matters, but just this week, I got a RFE for employment verification. We have now sent necessary documents as requested by the dept.
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eb3retro
03-16 02:21 AM
I just entered US using AP, and i am not working for my GC sponsored employer. POE is SFO, I had no issues. I will update this post with all the details tomorrow (since i am very tired after travelling). But just thought I will post this thread to let know that you may not have any issues if you dont work for the GC sponsored employer and enter using AP.
Update to my post:
Yesterday I entered US (POE = SFO) , all 3 in the family using AP. We also have one US citizen child. Used the visitors line. First level officer stamped the US citizen passport and gave it and told all 3 of us to go to the secondary. No other questions was asked.
Went to a seperate room for secondary. There were around 15 people. We placed our passports in the holder there. 3 officers were there calling each one and asking them some questions. I was very much worried abt the much dreaded question - "are you working for the same company that sponsored ur GC". But to our greatest surprise, the officer checked everything in his computer, took one of the given 3 APs, put a parole stamp until one year from yesterday and gave us back 2 copies each. We were not even called to the counter. The officer did this and bought all the passports back to the seats where we were waiting. and he told us we are all set and said "Welcome back".. We believe that they did not call us because, we had a child with us. Thats it..so no issues. So dont worry folks, i hope and pray everyone should be ok for those who use AP.
Update to my post:
Yesterday I entered US (POE = SFO) , all 3 in the family using AP. We also have one US citizen child. Used the visitors line. First level officer stamped the US citizen passport and gave it and told all 3 of us to go to the secondary. No other questions was asked.
Went to a seperate room for secondary. There were around 15 people. We placed our passports in the holder there. 3 officers were there calling each one and asking them some questions. I was very much worried abt the much dreaded question - "are you working for the same company that sponsored ur GC". But to our greatest surprise, the officer checked everything in his computer, took one of the given 3 APs, put a parole stamp until one year from yesterday and gave us back 2 copies each. We were not even called to the counter. The officer did this and bought all the passports back to the seats where we were waiting. and he told us we are all set and said "Welcome back".. We believe that they did not call us because, we had a child with us. Thats it..so no issues. So dont worry folks, i hope and pray everyone should be ok for those who use AP.
more...
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saimrathi
07-17 05:57 PM
I agree.. The flower campaign shouldn't be taken for granted.. let it just be special.. Thank you cards adn notes will be the best..
Couldn't agree more. I will be sending her a personal Thank You card today. Flowers might not be quite appropriate, especially so shortly after the recent "flower campaign". :)
Couldn't agree more. I will be sending her a personal Thank You card today. Flowers might not be quite appropriate, especially so shortly after the recent "flower campaign". :)
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cbpds
03-05 06:58 PM
Wait for obamacare to pass !!
btw her location will be @ Portland, Oregon.
Regards
btw her location will be @ Portland, Oregon.
Regards
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alterego
07-08 05:12 PM
Is that all he said? I wonder why he did not say they should be screened for their skin color, their Shakespearean English and BTW all the applications of legal residents and naturalized Citizens here who are non Europeans ought to be revisited to ensure they fit the new criteria. Perhaps actually saying that would have been too politically incorrect.
This guy is unbelievably anti-immigrant. Even many anti-immigrants feel he is too far to their right on this issue. Him in the house and Sen. Jeff Sessions in the Senate cannot be changed. They are rather openly vile, vicious and virulent in their attack of any and all immigrants.............legal or illegal. That is why they are given so much airtime on CNN with Lou Dobbs.
The real irony of it all to me is that the ancestors of many of the Mexicans (albeit illegal) immigrants crossing the southern border are indigenous people of the Americas (the new world) like Mayans and Aztecs (atleast in part). His (Tancredo's) predecessors on the other hand are "invaders" like he terms todays immigrants. I wish one day his kind of people who seem like they feel America is their divine gift from god get asked this question in a public forum.
This guy is unbelievably anti-immigrant. Even many anti-immigrants feel he is too far to their right on this issue. Him in the house and Sen. Jeff Sessions in the Senate cannot be changed. They are rather openly vile, vicious and virulent in their attack of any and all immigrants.............legal or illegal. That is why they are given so much airtime on CNN with Lou Dobbs.
The real irony of it all to me is that the ancestors of many of the Mexicans (albeit illegal) immigrants crossing the southern border are indigenous people of the Americas (the new world) like Mayans and Aztecs (atleast in part). His (Tancredo's) predecessors on the other hand are "invaders" like he terms todays immigrants. I wish one day his kind of people who seem like they feel America is their divine gift from god get asked this question in a public forum.
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Lasantha
02-18 12:07 PM
I don't think you are missing anything. I don't think the congress will pass a bill to recapture EB visas out of the blue like that. It will take lots of effort from the pro-immigrant community and will face a great deal of opposition like it did in the past from the anti lobby. It won't be handed to us in a plate just like that.
Haven't heard of recapturing H1 visas. With high demand for H1s I doubt if there will be any unused visas to be recaptured. Even if there are any then can the congress recapture them? Even if they did why would they recapture unused EB visas along with unused H1 visas? . Am I missing something here?..
Haven't heard of recapturing H1 visas. With high demand for H1s I doubt if there will be any unused visas to be recaptured. Even if there are any then can the congress recapture them? Even if they did why would they recapture unused EB visas along with unused H1 visas? . Am I missing something here?..
more...
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jambapamba
08-08 09:35 AM
See the question on i485:-
been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding
traffic violations?
Thats true but the thread starter indicated he had non-traffic citation. I don't know what it is...but it will be good to know examples of non-traffic citations.
been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding
traffic violations?
Thats true but the thread starter indicated he had non-traffic citation. I don't know what it is...but it will be good to know examples of non-traffic citations.
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Pineapple
08-05 12:37 AM
An I-140 has nothing to do with I-485, except to the extent that an I-140 has to be approved before an I-485 can be approved. So I-140 approval is must before an I-485 can be approved. Further, an I-140 is not related to the priority date - An I-140 can be filed any time once one has an approved labor (Assuming, of course, one is applying in EB2/EB3). But I-485 can only be picked up for processing (or even filed) if the priority date is current.
If your I-485 date is not current, it does not matter what you do about your I-140. The question about affecting I-485 is irrelevant if your priority date is not current, which is the situation now.
(USCIS is accepting I-485 applications now until August 17th even though the priority date - the visa availability, in short, is "U", unavailable - but that is a rate exception, and does not affect the actual processing of I-485s: 485's applied today will NOT be processed even if accepted, until the visa bulletin says visa numbers are available for your priority date)
Confusing? I'm afraid it is.. but anyway, the short answer to your question is, no. The people your refer to likely have applied I 485's earlier (say in June or earlier), and their fast approval is likely for different reasons, other than premium processing for I140.
PS: I'm not a lawyer, so don't shoot me, please..
If your I-485 date is not current, it does not matter what you do about your I-140. The question about affecting I-485 is irrelevant if your priority date is not current, which is the situation now.
(USCIS is accepting I-485 applications now until August 17th even though the priority date - the visa availability, in short, is "U", unavailable - but that is a rate exception, and does not affect the actual processing of I-485s: 485's applied today will NOT be processed even if accepted, until the visa bulletin says visa numbers are available for your priority date)
Confusing? I'm afraid it is.. but anyway, the short answer to your question is, no. The people your refer to likely have applied I 485's earlier (say in June or earlier), and their fast approval is likely for different reasons, other than premium processing for I140.
PS: I'm not a lawyer, so don't shoot me, please..
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immigrationSantosh
02-07 03:29 PM
Could you please advise how do I get the lawyer for this ? Do you know any in specific?
bigboy007
11-04 02:53 PM
will they then transfer back to VSC ? i might even move out from this area after a year or less ?
martinvisalaw
07-21 01:20 PM
Like the attorney mentioned, you can't maintain H4 and AOS status at the same time.
To clarify some misunderstandings - you can have H-4 and an AOS pending. You can't have H-4 and work on an EAD.
Someone else said "If working on EAD invalidates H1,..." No, working on an EAD does not invalidate H-1B status, unless the work is for a different employer to the H-1B petitioner.
Another poster: "I know many people who were on H4 and started working as soon as they filed AOS and got EAD's, now in this case there I-94 issued for H4 is still valid."
No, the H-4 status is not valid. I wonder if the H-4 applicant completed the I-539 correctly and stated that s/he was working. There is a specific question about this on the 539. If the applicant said s/he was working, I would be very surprised if CIS extended the H-4 status.
To clarify some misunderstandings - you can have H-4 and an AOS pending. You can't have H-4 and work on an EAD.
Someone else said "If working on EAD invalidates H1,..." No, working on an EAD does not invalidate H-1B status, unless the work is for a different employer to the H-1B petitioner.
Another poster: "I know many people who were on H4 and started working as soon as they filed AOS and got EAD's, now in this case there I-94 issued for H4 is still valid."
No, the H-4 status is not valid. I wonder if the H-4 applicant completed the I-539 correctly and stated that s/he was working. There is a specific question about this on the 539. If the applicant said s/he was working, I would be very surprised if CIS extended the H-4 status.
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