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  • Student with no hopes
    01-24 09:40 AM
    Hello,

    Here is my situation.


    - I'm under EB2 - RoW category. My I-140 just got approved and I was preparing to file for my I-485 (current)

    - I went to the Bahamas last week to get my 3 year H1B renewal stamping but it was denied due to employer issues and I was forced to go back to India.

    - Now I cant go back to US to file my 485. My company is still offering to help me on my GC.

    I'm still reeling from the shock of my H1B denial. What are my options now?

    Is Consular processing the way to go? Will loosing my H1B status have any effect on CP?

    Should I start CP immediately or can I wait a few months to try to get back to the US on a new H1B?



    Can anyone point me to some online materials detailing CP.

    Thanks in advance.

    I am not aware of consular processing very much, but don't you have to be applying from the country of origin for CP?
    This person says he belongs to ROW, but he will be filing for CP from India? Am I missing something here?





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  • reddymjm
    02-10 04:05 PM
    Guys --
    I got 485 Card production order and welcome notice email yesterday . I am assuming that means I got PR . my company has filed for H1 -B extension last week itself . what will happen to that extension , do we need to revoke/withdraw that petition ?
    has anyone being in this situation ?

    Thanks,
    gandalf

    Erase the letters H1B from your memory.





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  • wandmaker
    10-23 05:46 PM
    From what I know she can still work for 180 days while the 485 is investigated. You can appeal against the denial.

    AFAIK, you will start accruing unlawful status once your 485 denied and you do not have a non-immigrant to status to backup. You should stop working. You will regain the status (i.e. pending AOS) only after the MTR is approved.

    If you can post the legal references to support your point, it will really help many IVans.





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  • martinvisalaw
    07-16 06:06 PM
    Lately we have been seeing, USCIS is asking for the proff of continious legal stay and one of the proof's is I-94.

    Say, if one has not made copies of the past I-94's, is there a way we get them by writing a letter an agency ?

    Thank You.

    Is this in RFE connection with an Adjustment of Status filing? if so, you really only need to show that you did not violate status for over 180 days since your last lawful entry (Section 245(k) of the Immigration and Nationality Act).

    In any event, proving that you maintained status does not require showing all old I-94s. You need to show that you were approved for or admitted in a certain status, and that you stayed in that status until it was changed or extended. Approval notices, visas, and maybe entry stamps from your passport re usually enough, and just the most recent I-94. If you held F-1 status, you would need to show your I-20s, visa and proof that you maintained a full courseload as required by the I-20.



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  • Prasad_FL
    08-02 11:33 PM
    Chennai consulate would take 1 or 2 days for processing. You can send an email to them or talk to VFS and request if they can re-schedule it for earlier date.
    Wen you do not have much time, you should not take any chance. Try to reschedule it in Delhi or Bombay.

    Chennai consulate took 2 days in 2005.
    Delhi consulate took 2 days in 2006.





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  • good idea
    10-25 11:14 AM
    If they can be shared with everyone, I am sure they would. But, if I were you and have an option to port to EB2, I 'd probably do that.
    If porting going to cost you,you may want to wait till Jan , which is only 3 months away.
    As per current situation for EB3 I, without spill over reaching to EB3, its difficult to have hope that something good can happen until something like visa recapture HR 5882 happens. So, there is nothing to loose to wait till Jan 2010 & believing that IV Admin & Seniors are have plans to initiate or have already initiated something.
    I googled for 'Immigration bill in Jan 2010', and got News for Immigration bill (http://www.reuters.com/article/politicsNews/idUSTRE5765Y420090807), if that is what Admin has referred in his post; (my words can put me in bad list of admin), but still I would say that Admin is very (over) optimistic, If I am not wrong but that's elections year and in other posts IV members have different views about response to this bill in election year.
    My GC is just stared, and PD for EB3 I is 2001, I am 8-9 years behind and GC PD calculator of IV shows my PD to be current in 2032 , so may be I am over pessimistic.



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  • vin13
    01-08 03:35 PM
    I have been in US for 12 years now starting from F1 to several H1-bs. The IO did not look for anything. He just looked at the photo page for identification, AP copies





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  • calgirl
    08-05 02:43 AM
    Which number is used to call FBI?

    Please post FBI calling details here..



    Dear IVans,

    After opening 3 SR's and letter through Attorney and finally infopass appointment (not yet done) got the FP notice for my self today (for the first time and applied for EAD renewal).

    My dependent (my spouse) has not received her FP notice yet.

    Questions:

    1. FP is scheduled for Aug 16 2008 (which is Saturday) and is it common to have FP notice scheduled over the weekend in Dallas TX.

    2. My spouse did not receive her FP notice, can I take her along with me for the appointment with all the Recipts (I mean all the req docs), will that work

    3. And I have infopass appointment on Aug 12 would that help in finiding more details about my case?

    Gurus, Please answers/provide your experience/suggestions to the above questions.

    Last but not the least, I would like to thank all those who have suggested me in opening SR, take help of attorney, and to take infopass.

    I would also like to thank (posted on other thread) who has suggested to called FBI to find out details, which has really helped me.

    Hope this completes my cases.

    Good luck to all and my best wished to every one (EB2 & EB3) mates.



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  • sankap
    07-05 03:36 PM
    "Quote: source/link always.....please"

    The article's source and links are listed in the original post.





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  • raysaikat
    04-20 10:54 AM
    Dealsnet thank you for your input,

    I already have an OPT and planning to work on it in the real estate field. but my Opt will be expiring at the end of this year and i am looking for other ways to keep working in the US. From what you telling me i don t have much options. i will keep looking or hire a lawyer there must be a solution. i am a bit surprised that they allow you to work in such field with an OPT and you can t take it anywhere.

    Thanks for your help, I really appreciate it.

    The work you do in your OPT must be in your field of studies. You are likely violating immigration rules during your OPT period as well unless your degree was in secretarial work or real estate (I do not know of any such degree ...)

    USCIS - Questions and Answers: Extension of Optional Practical Training Program for Qualified Students (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9a3d3dd87aa19110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    "Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student�s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies."



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  • Prashant
    01-22 07:30 PM
    Thank you IV,

    I really appreciate u folks whatever be the outcome ....

    Thank you once again.





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  • mybid2003
    01-09 04:37 PM
    Similar most common agreement with most of us is that, we cannot directly or indirectly join direct/indirect client for a period of 12 months. (I don't have the agreement right in front of me). But I think you get the picture. If not, I can post in detail in the evening.

    In such case, lets say I completed my project at client A thru company A. Four months after leaving the client place (while working at Client B thru same Company A), I get the offer directly from the client A for a permanent position. (Company A still has big presence at client A. Would I be able to join Client A without any hassle? OR is it a waste of time/money to try this option?

    Also can anyone also please let me know how to if I can join higher compensation package with invoking AC21 OR transferring the H1? (I am in 8th year of my H1 and have an EAD). Can we have additional job responsibilities than what is listed in the LC?

    Pls let me know.

    Thanks in Advance!!!



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  • GCNaseeb
    10-30 06:34 PM
    I will take an Infopass. Did you get a new Card or they just corrected in their system?

    My lawyer advised me to take an infopass to correct the name of my dependent on the EAD card. Instead of "e", they placed "a" and he said that I might as well have the name on the FP notice and I-485 corrected.





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  • usirit
    07-30 11:20 AM
    Nixone;

    I really hope / wish you don't get audited.

    DOL claimed that the newspaper ad was sent to them without the date of it. So we sent them back the whole paper-page where the date is usually printed at the very top with my job ad on it.

    Good luck...

    I looked at your signature timeline and it says "LC denied due to date missing on ad portion." Could you please clarify what happened? My job ads are running right now for PERM LC and not sure what I need to keep from the newspaper ad.

    I have taken screenshots of Job Order, Yahoo HotJobs, Professional Organization, University Placement etc. I hope the screenshots showing the ad and all the dates would be good enough.

    Did they send you RFE for all the job ads and is that how they found out the date missing? I did not know people get RFE for job ads. Thanks.



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  • KabAyegaMeraGc
    10-22 01:07 PM
    Admin2 - thank u much for your motivation. I do understand IV is doing great work but if you can shed some light on whats going on behind the scenes, it you really help me decide on many things. One of the thing, my lawyer is recommending is to initiate porting to EB-2 which I understand may take anywhere around 18 mnths if all goes well...





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  • chanduv23
    03-31 01:55 PM
    I am a July 2nd filer and I attended 485 interview in local field office in Dec 2008. A week back they sent me a denial notice cliaiming I filed the application when my priority date was not current which is an error on their part.

    So, I need to file MTR. This includes a $585 application fee + Legal-Fee (don't know yet - still waiting for my attorney to get back).

    $585 can be refundable as its their error, but not the legal fee which I am guessing ~$1000, meaning I have to shell out $1000 for someone elses simple mistake.

    I am comtemplating to file MTR by myself, the application I-290B seems simple and the reason involved here is also simple. But, before I do that, I would like to know if anyone else has done this before so that I can know the things I should watch out for?

    The forms look simple. I did look at the form. But there is some risk involved in doing it by yourself.

    The officer might have quoted some law for the basis of the denial and you have to have legal wordings to support your MTR - say clauses and references to clauses or memos. So, the best thing is to use a lawyer.

    You are so close to GC - why take risks?

    On another note - I see that people are getting denials on 485 - cases like yours, and then AC21 stuff .. I am trying to understand if there is a pattern to it.



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  • morse
    11-16 02:34 PM
    ...Mdipi.com, but Lost's just has more depth. Yours is sweet, and it's not even funny how much better it is than what I could do. Keep it up :)





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  • masala dosa
    08-31 06:36 AM
    It is an interesting question i am also worried about. I was told by my company attorney that i need to file I-140 asap as USCIS is in process of changing how long you can wait with approved LC before filing I-140. Once you have I-140 approved, basically you can come back to the US on an H-1 to work for the company (you will need a new h-1, even if you have a 3 yr. extension based on approved I-140). Then if and when the priority dates become current you should be able to file for I-485

    Can someone tell what happens if in a similar situation one takes a ONE YEAR sabbatical to puruse educatin abroad.
    for exampe MBA from INSEAD





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  • usirit
    07-01 04:18 PM
    Diptam;

    We have shared some expenses of my H1B Visa -legal & processing fees- however, the ones related to my family were paid by myself. LC has been also splitted between employer and myself.

    Although, I don't deny the requirement of processing and legal fees, I disagree on how employers (sponsors) and lawyers/attorneys handle them. Employers on one hand should cover without split or sharing the expense with the employee; just because of the fact of getting our salary -kind-of-locked-.
    In the other hand, attorneys ...the ends justify the means...

    I think that I am just frustrated with the whole process, MAYBE 20K wouldn't really matter if we were seeing results but we have to beg for an action/update or even worse lay around for who knows how long so the "system" can work.

    If I had known what I know now... :rolleyes: everyone's wish!





    neerajvir
    07-13 09:06 AM
    And fowarded to others that are affected.





    boreal
    08-24 07:30 PM
    Hello GreatGuy
    You can be a lil more cordious and polite :rolleyes:
    At least if you expect somebody to answer your question.

    Hey guys knock it off. Labor substitution is legally allowed
    till date. If this guy get a pre approved labor let him accept
    it and get ahead. Nobody blocks you to accept pre approved
    labor. I'm retrogressed with PD of 2003 on EB3 India. But for
    that reason I dont think I'm going to shout at somebody using
    a pre approved labor and get ahead of me.

    Now to answer you question Mr GREAT.
    DOL can replace if its not approved. Mainly they look at the
    education and experience.
    This situation can be a lil dicey. If I were you I would
    get the reference no or something of that labor cert and verify
    all the details. Secondly I would do a thorough research on this
    employer. It would have been a lil better if its already approved.


    On 2002 I got a pre approved labor offer. I got a copy of
    the labor from this employer and had it looked by an attorney.
    Atty said its a lil risky to accept it. So I did not take it.


    Good luck GREAT. I expect you to be a lil more polite on these
    forums.

    Ok now we know who is desperately looking for one such pre-approved LCs...All you blood-sucking desi consultancies...one more for you guys to earn money!!



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