gcadream
03-04 08:24 AM
Thanks a lot Rakson for updating the forum with valuable question and answers with the lawyer. Really appreciate it !!
It cleared lot of my doubts as well but regarding point 'C'
[C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?]
I have heard lawyers saying in this forum itself that it can be a problem if the previous employer revokes the approved I-140, irrespective whether it was fraud or not. I don't have the links saved for that discussion, otherwise I would have pasted it.
But are you very sure about point 'C' that what ever ur lawyer said is correct and final ?
It cleared lot of my doubts as well but regarding point 'C'
[C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?]
I have heard lawyers saying in this forum itself that it can be a problem if the previous employer revokes the approved I-140, irrespective whether it was fraud or not. I don't have the links saved for that discussion, otherwise I would have pasted it.
But are you very sure about point 'C' that what ever ur lawyer said is correct and final ?
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coopheal
06-17 11:45 AM
Please add a to link to this on home page.
Just a quick update:
All 3 Lofgren bills will be marked up next week in the subcommittee.
IV is working with the committee members at this time and will give more updates as the bills move forward. Please continue to make calls.
Just a quick update:
All 3 Lofgren bills will be marked up next week in the subcommittee.
IV is working with the committee members at this time and will give more updates as the bills move forward. Please continue to make calls.
nousername
04-07 01:56 PM
gcformeornot: In your previous post you stated that "substitution is no longer valid".. I apologize as I am not very good with law jargon and definitions and no clue since when substitution was kicked out of the immigration law book.
Additional details will be greatly appreciated.
Thanks.
it affects the ORIGINAL applicant. AAO says the burden is on original applicant to prove wrongdoing by either employer or substituted new employee...
"applicant failed to establish that the substituted alien improperly adjusted status"
Additional details will be greatly appreciated.
Thanks.
it affects the ORIGINAL applicant. AAO says the burden is on original applicant to prove wrongdoing by either employer or substituted new employee...
"applicant failed to establish that the substituted alien improperly adjusted status"
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looivy
11-19 02:06 PM
I have H1B visa stamp on passport with my old employer and I have AP, EAD and H1 approval with my new employer. I am planning to travel to India in December. If I use AP on my way back, does that annul my H1 approval with new employer. Pl advise.
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Norristown
04-13 02:12 PM
I was in this situation few years back. I was on bench for 8 months (not paid). I chose not to reply to the DOL letter. I feared that accepting that I was on bench for 8 months will make you out of status.
Every time you go for H1 revalidation, you will be asked were you out of status any time.
Later I have done 3 H1 revalidations (Canada), no problems. If sending reply is not mandatory then keep quiet. Six months later my employer filed for bankruptcy.
Every time you go for H1 revalidation, you will be asked were you out of status any time.
Later I have done 3 H1 revalidations (Canada), no problems. If sending reply is not mandatory then keep quiet. Six months later my employer filed for bankruptcy.
JazzByTheBay
07-11 11:51 PM
Well, I meant in the light of these new details coming out about visa numbers actually being available as claimed by "knowledgeable sources", and also in the light of the *kind of* questions being asked by Zoe Lofgren.
Just read the Ombudsman's report today - though I'd heard about these facts floating aroiund...
Not claiming to make some new discovery here... merely stating that it kinda makes sense now.
Sorry to start a new thread about this.... listened to Rajiv Khanna's recorded conf call and apparently he's not very hopeful anything will come out of AILF's class action...
jazz
When you were Jazzing, everybody already spent time to know this...a month ago.. Anyway welcome to the party... "Der se aye Durast Aye... welcome :) :)
Just read the Ombudsman's report today - though I'd heard about these facts floating aroiund...
Not claiming to make some new discovery here... merely stating that it kinda makes sense now.
Sorry to start a new thread about this.... listened to Rajiv Khanna's recorded conf call and apparently he's not very hopeful anything will come out of AILF's class action...
jazz
When you were Jazzing, everybody already spent time to know this...a month ago.. Anyway welcome to the party... "Der se aye Durast Aye... welcome :) :)
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dazed378
03-28 03:23 PM
I sent the documents (tax return and W-7 together) through certified mail and as per USPS tracking, they were delivered on 28th Feb. However, IRS representative said they received my tax return documents on 14th March. I got the refund through direct deposit on 25th March.
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anil
06-14 10:40 AM
Hi,
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?
Please advise.:confused:
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?
Please advise.:confused:
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chem2
07-21 01:23 PM
i posted the following on another thread back about a month ago. hopefully it will help you. haven't recd any soft or hard luds since the fingerprinting, though.
-----------
guys, until yesterday, i was in the same boat as all of you.
i-140/485/131/765 concurrently filed with tsc in Aug 2007. recd receipt notices, ead and ap without any problems in oct and nov 2007, but no fingerprint notices. called uscis couple of times (didn't open any sr's though), got standard response- application is under review, you'll be sent notices as part of the review process, don't ask when.
asked lawyer why no biometrics and he said that a lot of their clients have not recd theirs, but they were starting to see some come through (this was back in feb 2008). i also asked lawyer if it was advisable to contact local congressman/ senator for help and he advised against it, apparently if your file is with an io and your congressman/ senator sends a query, uscis has a limited amount of time to respond and the file is typically pulled from the io (don't know if i believe this, but that was the line i was fed).
finally got fed up and contacted local congressman's office; no help there either, got canned response from tsc- we recd x million applications last july and august and are trying to work through them.
then last month, i asked my senator's office to find out what was going on. this time i got a reponse back from tsc saying that they would send out notices shortly, if they hadn't done so. lo and behold, a week after receiving the tsc response from my senator's office, both my spouse and i recd fingerprint notices, which we completed yesterday.
-----------
guys, until yesterday, i was in the same boat as all of you.
i-140/485/131/765 concurrently filed with tsc in Aug 2007. recd receipt notices, ead and ap without any problems in oct and nov 2007, but no fingerprint notices. called uscis couple of times (didn't open any sr's though), got standard response- application is under review, you'll be sent notices as part of the review process, don't ask when.
asked lawyer why no biometrics and he said that a lot of their clients have not recd theirs, but they were starting to see some come through (this was back in feb 2008). i also asked lawyer if it was advisable to contact local congressman/ senator for help and he advised against it, apparently if your file is with an io and your congressman/ senator sends a query, uscis has a limited amount of time to respond and the file is typically pulled from the io (don't know if i believe this, but that was the line i was fed).
finally got fed up and contacted local congressman's office; no help there either, got canned response from tsc- we recd x million applications last july and august and are trying to work through them.
then last month, i asked my senator's office to find out what was going on. this time i got a reponse back from tsc saying that they would send out notices shortly, if they hadn't done so. lo and behold, a week after receiving the tsc response from my senator's office, both my spouse and i recd fingerprint notices, which we completed yesterday.
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funny
09-16 04:01 PM
we can't stop calling.....
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Templarian
11-25 01:17 AM
Just wait till the end and vote for the one that's closest to winning.You probably noticed, but that's what he is doing. :dilbert:
Also, good to see people like Stargate and get that reference.
Also, good to see people like Stargate and get that reference.
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nshalady
06-15 12:11 AM
You can file I485 while H1 is pending. But if you read the H1 ext clause, you can see that you are eligible for H1 extension beyond 6 years only if your labor is pending for more than 1 year, or if you can't file for adjustment of status because of retrogression. Now, because you are eligible for I-485, you lose the eligibility to extend H1, which means, your pending H1 can be denied whether you file I485 or not. You might be lucky and get away with successful extension. But if the officer knows what he is doing, he'll not clear your extension. I have to add that I am assuming your H1 extension is BEYOND 6 years. If it is within 6 years, there is no problem. You'll get an extension.
Hi,
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?
Please advise.:confused:
Hi,
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?
Please advise.:confused:
more...
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mrajatish
04-02 01:01 PM
Friends,
I know we have very good slides on high skilled immigrant's contributed to American economy and why they are necessary. One of the questions we are going to have to answer while presenting to our employer next week is
1. In the long run, How does America benefit from giving you and me GC?
2. In the short run, why should an employer care to fight for your GC?
Please treat this as a very serious effort to collect positive data points for an extremely important presentation to one of the leading proponents of high skilled immigration - if we have enough data points, this person might testify in Congress/Senate for us.
Core IV folks, please help us in this effort if you have pointers.
Thanks,
Raj
I know we have very good slides on high skilled immigrant's contributed to American economy and why they are necessary. One of the questions we are going to have to answer while presenting to our employer next week is
1. In the long run, How does America benefit from giving you and me GC?
2. In the short run, why should an employer care to fight for your GC?
Please treat this as a very serious effort to collect positive data points for an extremely important presentation to one of the leading proponents of high skilled immigration - if we have enough data points, this person might testify in Congress/Senate for us.
Core IV folks, please help us in this effort if you have pointers.
Thanks,
Raj
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vallabhu
01-02 12:08 PM
I called USCIS customer service number and asked If I can speak to that specific adjudicator customer rep directed the call to another Officer and that lady understood the issue and mentioned that I should have called before i saw denial notice she might have helped by reviewing the decision made by adjudicators but now is too late and asked me to follow the steps mentioned on denial notice which is appeal.
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nc14
02-18 03:41 PM
So, if one is going for Intemized Deductions, can we actually put the expenses that we have incurred for 485 filing (lawyer fees + fees to USCIS) as deductions?
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sina
04-16 08:47 AM
I am also planning on changing location from one state to another but the job is still with the same company (just moving to a different branch). My lawyer said it will not affect my GC but I have to get a new LCA for my H1. I still do not understand how this will not affect my GC (I have a approved 140 and waiting to file 485). Is there a way this is possible like if the labor is filed from the corporate office and has nothing do with branch locations?
I just want to make sure it is safe before I move.
Any help is appreciated.
I just want to make sure it is safe before I move.
Any help is appreciated.
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bank_king2003
04-22 02:04 PM
So basically you are saying you cannot sue the people responsible for greencard problem.
I think the only option left is to either sue God or sue yourself for your bad luck.
Sorry if i was not clear. i meant to say that for visa recapture one cant file a lawsuit against USCIS but one can definately file a lawsuit on USCIS for following things if at all we can prove it
1) if quarterly soillover is a law and USCIS not doing it they are doing something against the law so we can file a lawsuit against it but again how can we prove that they are not doing quarterly spillover.
2) If USCIS doesnt use full numbers assigned for Green Cards and waste them you can again sue them for that but will it be succesfull or not that has to be researched.
3) That H1b employee - employer relation memo is a best example to file a lawsuit against them as there interpratation of the law was completely wrong but noone did it.
I think the only option left is to either sue God or sue yourself for your bad luck.
Sorry if i was not clear. i meant to say that for visa recapture one cant file a lawsuit against USCIS but one can definately file a lawsuit on USCIS for following things if at all we can prove it
1) if quarterly soillover is a law and USCIS not doing it they are doing something against the law so we can file a lawsuit against it but again how can we prove that they are not doing quarterly spillover.
2) If USCIS doesnt use full numbers assigned for Green Cards and waste them you can again sue them for that but will it be succesfull or not that has to be researched.
3) That H1b employee - employer relation memo is a best example to file a lawsuit against them as there interpratation of the law was completely wrong but noone did it.
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Joybose
08-14 02:58 PM
Just now my lawyer called to tell that she got all my receipts , filed on july 2nd but my wifes application was rejected for "insufficient filing fees", I had put in a single check for $745 , how can this be, it was both in the same fedex packet, she says it is some "mailroom error", so she sent back the application with a letter and my receipt copy to accept. My app also had a $745 check and that was receipted,
Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
Hey, which service center, Texas or Nebraska.
Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
Hey, which service center, Texas or Nebraska.
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cox
November 26th, 2005, 08:16 PM
Thanks, Henrik! I think I have some way to go before I'm doing gallery quality macro like Gary, but I appreciate the complement. I like the dark one too.