amenon
05-01 10:29 PM
I understand that the chance is slim.... almost microscopic :rolleyes: But I need to prepare for the worst case (or is it the best...?? :confused:) hence the question.
Any idea about how long consular processing takes and does it depend on priority dates (in the case of a further retrogression)?
Thanks for the input, will keep a close watch on the visa bulletin and keep my wife's return trip options open.
Thanks again.
Any idea about how long consular processing takes and does it depend on priority dates (in the case of a further retrogression)?
Thanks for the input, will keep a close watch on the visa bulletin and keep my wife's return trip options open.
Thanks again.
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dixie
12-01 02:11 AM
The core team has alrady addressed this issue before : try doing a search. The summary goes something like this - First, EAD cards cannot be given out arbitrarily. Apparently, the law mandates very specific circumstances for which an work authorization (EAD) can be given out : for example, a student on OPT. We wouldn't meet this criteria before a visa number is available for adjustment of status to permanent resident - not unless the law is changed by congress. Secondly, EAD, as it stands now, is meant to be a strictly interim permit. The USCIS ombudsman's report has already objected strongly to the phenomenon of people who are ultimately found ineligible for permanent residence enjoying the benefits of an EAD for extended periods due to processing delays. In such circumstances, it is not realistic to expect that USCIS, on its own accord, will start doling out EADs like seasons' greetings cards.
anilsal
01-11 03:03 PM
toward IV activities. It will not only bring you hope, peace and sense of something noble but also will benefit your cause.
Thanks for coming forward with your frustration.
Thanks for coming forward with your frustration.
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amsgc
01-31 11:57 PM
I called the general customer service number - National Customer Service Center (NCSC) at 1-800-375-5283.
As I mentioned earlier, I did not go through with the options of sending the info. to the US consulate. But I will give it a try tomorrow. I don't know what you can do with that option (PIMS etc), but it is worthwhile to explore.
At what number did you call? Was it Kentucky Consular Center? Do you mean that we can have our information sent to PIMS system or consulate in India? In other words, does that say anything particularly about PIMS?
As I mentioned earlier, I did not go through with the options of sending the info. to the US consulate. But I will give it a try tomorrow. I don't know what you can do with that option (PIMS etc), but it is worthwhile to explore.
At what number did you call? Was it Kentucky Consular Center? Do you mean that we can have our information sent to PIMS system or consulate in India? In other words, does that say anything particularly about PIMS?
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gcformeornot
09-25 07:50 PM
1. Is it mandatory for USCIS to send the NOID/RFE for employer revoked I-140? (if the candidate is invoked AC21)--- There is no guarantee. There has been many cases USCIS denied 485 without sending NOID
2. Can we retain the I-140 after submission of new employer's offer letter and pay stub?
---Previous employer can still revoke 140, but you are safe becoz of AC21 provisions
3. If previous employer revokes I-140, when will the USCIS send NOID/RFE?
your guess is as good as mine
4. When will the employee know about the revocation in general (how many days)?
---after you receive RFE? or you can check online status.
5. If one re-joins the previous employer after two months, can the employer cancel the revocation of I-140 or re-validate the I-140?
once revoked its gone
I would really appreciate for your valuable suggetions and answers.
Regards and thanks for your help...
2. Can we retain the I-140 after submission of new employer's offer letter and pay stub?
---Previous employer can still revoke 140, but you are safe becoz of AC21 provisions
3. If previous employer revokes I-140, when will the USCIS send NOID/RFE?
your guess is as good as mine
4. When will the employee know about the revocation in general (how many days)?
---after you receive RFE? or you can check online status.
5. If one re-joins the previous employer after two months, can the employer cancel the revocation of I-140 or re-validate the I-140?
once revoked its gone
I would really appreciate for your valuable suggetions and answers.
Regards and thanks for your help...
Prashanthi
08-27 03:02 PM
I was with with Company A and my H1B approval notice was until 2011 and my wife H4 approval notice was also until 2011.
Recently I changed to Company B, where this company applied only H1B transfer and received a receipt number for that and it is in pending status. And they are saying H4 transfer also applied at the same time but we didn't received the receipt notice yet.
In this H1B transfer process I got query on that petition, now Company B is saying I will not submit any documents for above query.
I have an EAD when I was with Company A and it is still valid. I am planning to move onto EAD.....
Can my wife change her status to F1 (Student) even her H4 transfer receipt is not available?
And the old H4 approval notice is still in approved status when I check in USCIS website.
Please help me in this situation, let me know all your opinion about this case.
~Thanks in advance.
Before your H-1 gets denied and before you move to EAD, it is important to change her status to F1, you can do this as long as her H-4 I-94 has not expired. You will need your latest Paystubs and H-1 approval to do this.
Recently I changed to Company B, where this company applied only H1B transfer and received a receipt number for that and it is in pending status. And they are saying H4 transfer also applied at the same time but we didn't received the receipt notice yet.
In this H1B transfer process I got query on that petition, now Company B is saying I will not submit any documents for above query.
I have an EAD when I was with Company A and it is still valid. I am planning to move onto EAD.....
Can my wife change her status to F1 (Student) even her H4 transfer receipt is not available?
And the old H4 approval notice is still in approved status when I check in USCIS website.
Please help me in this situation, let me know all your opinion about this case.
~Thanks in advance.
Before your H-1 gets denied and before you move to EAD, it is important to change her status to F1, you can do this as long as her H-4 I-94 has not expired. You will need your latest Paystubs and H-1 approval to do this.
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eastindia
07-29 12:33 PM
That explains it.If your company is blacklisted you are in a deep hole and should have a backup plan for employment. You should consult more good lawyers.
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MannyD
09-11 03:34 PM
Thanks Dixie...Also, as per other forum members showing PD Year will give clear picture of voting..!!
The poll tool doesn't allow more than 10 options at a time. Now that I know the distribution of EB category, I will post another poll to get the years. I will create the new poll after checking out October visa bulletin.
We've all got to keep busy creating a poll or answering one for a while... don't we? ;)
The poll tool doesn't allow more than 10 options at a time. Now that I know the distribution of EB category, I will post another poll to get the years. I will create the new poll after checking out October visa bulletin.
We've all got to keep busy creating a poll or answering one for a while... don't we? ;)
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jazzy2
10-22 11:17 AM
EB2 RIR - india, PD MARCH 2003
BEC, philly. LC approved April 2007, June 1st filer
thanks
BEC, philly. LC approved April 2007, June 1st filer
thanks
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subarashi_indo
11-30 08:32 AM
I have a passport expiry and new visa stamping conflict. My last visa stamping expired on Oct 01, 2009. And my current (Indian)passport expiration date is July 04, 2011. Also, my H1b approval is under the transfer process (so I don't have the new I-797 as yet). I'm planning to travel to India sometime in January, expecting the new H1b approval soon now.
Should i get my passport renewed here before leaving for India ? I'm worried if they will give me a new passport valid only for a year as a note on the website says "A passport is also issued for one year in cases of expiry of valid U.S. residence visa. In such cases, applicants have to apply for extension of validity as soon as valid U.S. Residence visa is approved. There is no fee for extension of validity of passport."
Since my last visa stamping has expired and I will soon have a new H1B, if i go for a new visa stamping, will I be given a visa with validity until my passport expiry ? Or, I can get my passport renewed in India and then go for the stamping? I'm afraid I may not have enough days to squeeze in both when I visit. Or, if i get my passport renewed here, are they going to give me a new passport only valid for a year since I don't have any valid visa stamping but a valid I797?
Please advise.
Thank you.
Should i get my passport renewed here before leaving for India ? I'm worried if they will give me a new passport valid only for a year as a note on the website says "A passport is also issued for one year in cases of expiry of valid U.S. residence visa. In such cases, applicants have to apply for extension of validity as soon as valid U.S. Residence visa is approved. There is no fee for extension of validity of passport."
Since my last visa stamping has expired and I will soon have a new H1B, if i go for a new visa stamping, will I be given a visa with validity until my passport expiry ? Or, I can get my passport renewed in India and then go for the stamping? I'm afraid I may not have enough days to squeeze in both when I visit. Or, if i get my passport renewed here, are they going to give me a new passport only valid for a year since I don't have any valid visa stamping but a valid I797?
Please advise.
Thank you.
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dixie
10-02 04:33 PM
The LC and I-140 petition are owned by your employer, just like your H1-B petition and can therefore be withdrawn at any time (if the advertised position no longer exists).
I spoke to an extremely good lawyer, but he is human and could be wrong. I was trying to tell the OP what I knew. Can the laws be found anywhere, by the way?
I spoke to an extremely good lawyer, but he is human and could be wrong. I was trying to tell the OP what I knew. Can the laws be found anywhere, by the way?
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Ann Ruben
01-12 10:15 PM
You raise an excellent question--and one to which, at present there is no authoritative answer. The statute and regulations are silent on the issue and USCIS has not addressed it in any policy memo.
I would argue that because the purpose of AC21 is to protect protect foreign nationals (and the US employers who depend on them) from the uncertainty and disruption resulting from lengthy and unpredictable quota delays, denial of the I-485 should not result in revocation of an approved H-1 extension. This is especially true if a non-frivolous motion to reopen and reconsider the I-485 denial has been filed. I am not aware of any AC21 H-1 being revoked by USCIS based on an I-485 denial.
Moreover, an I-485 denial does not invalidate the underlying I-140 which would remain valid unless revoked for fraud or misrepresentation. For example, if the I-485 is denied because it was erroneously filed at a time when the PD was not current or because the medical indicated that the applicant had infectious, untreated tuberculosis, consular processing would still be an option.
I would argue that because the purpose of AC21 is to protect protect foreign nationals (and the US employers who depend on them) from the uncertainty and disruption resulting from lengthy and unpredictable quota delays, denial of the I-485 should not result in revocation of an approved H-1 extension. This is especially true if a non-frivolous motion to reopen and reconsider the I-485 denial has been filed. I am not aware of any AC21 H-1 being revoked by USCIS based on an I-485 denial.
Moreover, an I-485 denial does not invalidate the underlying I-140 which would remain valid unless revoked for fraud or misrepresentation. For example, if the I-485 is denied because it was erroneously filed at a time when the PD was not current or because the medical indicated that the applicant had infectious, untreated tuberculosis, consular processing would still be an option.
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gps001
02-23 03:04 PM
I don't want to use EAD/AP, as I want to have a backup.
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goldbuckle
March 15th, 2006, 11:52 PM
Thanks NikNikon for the advice. I shoot everything from inside the arena so I can move between events to get the best position. Right know the strobes are out of my budget. Thanks MatsP also for your input. After your comments and talking with someone from Showcase here in Atlanta I feel much better :) about what I ended up with. This must be one of the toughest shooting environments you can come across. Do you think a bracket mounted flash would help any with the red eye? Also after 2200+ photos I am trying to learn to batch process pictures with photoshop. I am really please with how the unsharp mask helps the noise from the higher ISO. Any suggestions on batch processing tips to enhance sharpness, reduce noice and adjust levels & color are welcome. I have used photoshop for years in my printing trade but never learned it's full potential for use with photography. Also are any of you using Nikon's Picture Project? Particularly the D-lighting adjustment?
Thanks,
John
Gold Buckle Photography
Thanks,
John
Gold Buckle Photography
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TomPlate
07-10 10:02 AM
Bharat Mataji Jai Hind. Ok Machi but currently we are working for an American Company not for an Indian Company.
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WaitingForMyGC
01-11 11:32 AM
Hello All,
I am on 7th year of my H1 and my I-140 is pending. Since my current H1 is about to expire, I need to file for my 8th year of H1 extension. Do you think there could be some problem in getting my 8th year extension since my labor is approved and I-140 is pending. The way I interpreted the extension rule is that you can only get the extension if your labor is pending for more than 1 year but in my case my labor is approved and I-140 is pending.And I cannot wait for I-140 approval since my current H1 is about to expire.
Please advise.
Thanks
I am on 7th year of my H1 and my I-140 is pending. Since my current H1 is about to expire, I need to file for my 8th year of H1 extension. Do you think there could be some problem in getting my 8th year extension since my labor is approved and I-140 is pending. The way I interpreted the extension rule is that you can only get the extension if your labor is pending for more than 1 year but in my case my labor is approved and I-140 is pending.And I cannot wait for I-140 approval since my current H1 is about to expire.
Please advise.
Thanks
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wandmaker
11-22 12:28 PM
She should enter in the US on H4, for which you will need to keep your H1 valid at least until the time of her entry.
Correction: He has to maintain the H1 even after his wife enters the USA in H4 status. If he looses H1B status by any means, his wife's H4 is invalid and she will be out of status. So, he has to maintain H1B status until his wife files AOS/485.
Correction: He has to maintain the H1 even after his wife enters the USA in H4 status. If he looses H1B status by any means, his wife's H4 is invalid and she will be out of status. So, he has to maintain H1B status until his wife files AOS/485.
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jonty_11
07-17 01:40 PM
howlong did the case run for years or months..? taht will decide if lawsuite only works
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misanthrope
10-09 04:06 PM
Why do we have 5 threads for the same topic? I believe there is a sticky thread to address such questions. Right?
GCSOON-Ihope
10-30 03:55 PM
Same aberration here!
My last LUD was 10/03 and was saying something like: "in response to your inquiry we mailed you bla bla bla..."
Today 10/30 I got a new LUD but the message has reversed to what it was before: "In October 18 2005, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made." and I just got confirmation ...with 5 e-mails!!!:confused: :confused: :confused:
Anyone has any idea of what this means or is it just another "glitch" of their crazy software?
My last LUD was 10/03 and was saying something like: "in response to your inquiry we mailed you bla bla bla..."
Today 10/30 I got a new LUD but the message has reversed to what it was before: "In October 18 2005, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made." and I just got confirmation ...with 5 e-mails!!!:confused: :confused: :confused:
Anyone has any idea of what this means or is it just another "glitch" of their crazy software?
chandupatla
02-25 10:22 AM
Thanks for sending the information..and one more thing is there any road test?
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