bank_king2003
09-13 03:27 PM
You can break height of injustice from USCIS by filling this. (WOM)
learn more about it online.
i have seen personaly a person filling this and IO calling him in the office approving it and apolgising for delaying.
you can hear other success stories online about WOM. sometimes court ordered USCIS to pay back all legal fees to the filer.
you need two things for this.
Balls + Money
regarding class action lawsuit, i am not sure if it could be filed or not against USCIS
learn more about it online.
i have seen personaly a person filling this and IO calling him in the office approving it and apolgising for delaying.
you can hear other success stories online about WOM. sometimes court ordered USCIS to pay back all legal fees to the filer.
you need two things for this.
Balls + Money
regarding class action lawsuit, i am not sure if it could be filed or not against USCIS
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IfYouSeekAmy
05-17 10:14 AM
I used David Cohen at
Canada Immigration - Information on Immigration to Canada (http://www.canadavisa.com/)
Canada Immigration - Information on Immigration to Canada (http://www.canadavisa.com/)
485Mbe4001
05-25 12:56 PM
I renewed at SFO via mail, got it in 3.5 weeks, no problems at all, my requirement was not urgent. They have number you can call and ask for status, people are nice to talk to and you can ask them to expediate it you are in a hurry. Chicago might be the same.
Does anyone have recent experience with the Chicago office of Consulate of India for passport renewal. How long does it take? 2 weeks, 3 weeks, more than 3 weeks.
Does anyone have recent experience with the Chicago office of Consulate of India for passport renewal. How long does it take? 2 weeks, 3 weeks, more than 3 weeks.
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gchope2k6
04-27 01:54 PM
Hmm, that's what I found weird also, how could it be both pre-adjudicated and under review ?! She did say pre-adjudicated at the past tense and my last LUD was 3/2/09, even if we went for fingerprinting the second time on 3/9/09 (no LUD after).
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anil
04-02 11:20 AM
I would rather fight it here without sending her to India (it happened to me). If you (primary) are living here legally with all your past H1's available in hand, then you hire a gora lawyer. Don't go to Murthy or Rajiv Khanna, they charge hefty. Basically what you need to do is -
1) Your wife writes an affidavit on legal note explaining the whole story that she forgot, but has been maintaining the status legally until then. (the lawyer will help you with this). You have to build a case they you are living legally with a good intent but just forgot to renew...
2) Attach all H1/H4 copies of yourself and her with I-94.
3) Fill in H4 renewal application
3) Have the lawyer send all paperwork it to INS asap
When INS sees the legal note from attorney, they understand the case is legitimate and mostly approve her H4 renewal. This is what I did when it happened to my wife, and it got approved. However we delayed by 2 weeks. Worst case, you would fight the case in a federal court to prove your innocence, and they just approve it then.
1) Your wife writes an affidavit on legal note explaining the whole story that she forgot, but has been maintaining the status legally until then. (the lawyer will help you with this). You have to build a case they you are living legally with a good intent but just forgot to renew...
2) Attach all H1/H4 copies of yourself and her with I-94.
3) Fill in H4 renewal application
3) Have the lawyer send all paperwork it to INS asap
When INS sees the legal note from attorney, they understand the case is legitimate and mostly approve her H4 renewal. This is what I did when it happened to my wife, and it got approved. However we delayed by 2 weeks. Worst case, you would fight the case in a federal court to prove your innocence, and they just approve it then.
payur
03-10 08:16 AM
Submit the I-94 when you board the flight that leave USA, in your case, Chicago, Not Miami, It is always not advisable to sumbit when you are boarding a connecting, non-Internation flight. For example, what if the International flight is cancelled or you missed, you will be in US, but have already returned your I-94 Also always have copies of all the I-94 for records.
Thank You gc_check!!
Thank You gc_check!!
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royus77
05-30 09:36 PM
Please help....I am in a little bit precarious situation here...
I am frustrated working for Company A and I have a job offer from Company B..
My question is if
1: my I140 is approved from company A and
2: have H1b extended for 3 years for company A
3: get the H1b transferred over to Company B and then
leave the Company A and join Company B
Now Company A revokes I140
Will by H1B with Company B still valid?
If your company A is a desi company(Mostly they try to profit on your exit also) he may try to sell the approved LC/1 -140 . So let be patient for another month and move . As far as the other things concerned you can get 3 years ext based on the I -140 ext and also you can port the PD to the new GC from company B .
Just check with the attorney before moving I just gave my advise based on my research in the forums.
Thanks
roy
I am frustrated working for Company A and I have a job offer from Company B..
My question is if
1: my I140 is approved from company A and
2: have H1b extended for 3 years for company A
3: get the H1b transferred over to Company B and then
leave the Company A and join Company B
Now Company A revokes I140
Will by H1B with Company B still valid?
If your company A is a desi company(Mostly they try to profit on your exit also) he may try to sell the approved LC/1 -140 . So let be patient for another month and move . As far as the other things concerned you can get 3 years ext based on the I -140 ext and also you can port the PD to the new GC from company B .
Just check with the attorney before moving I just gave my advise based on my research in the forums.
Thanks
roy
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surabhi
05-21 09:54 AM
from one of the attorneys. Not sure if anything changed in past 18 months.
Attorney_13
Attorney posted December 08, 2006 03:06 PM
--------------------------------------------------------------------------------
If one has an approved I-140, the priority date of that approval is "locked-in" so to speak and can be used for future cases. Normal proof one would want to have for when s/he is filing a new PERM case with a new I-140, is a copy of that previous approval notice, though sometimes it is possible to use the on-line status print out. To carry over the priority date it is not necessary that the two positions be similar, or even that they be in the same preference category. One can be EB3 and the other EB2.
Attorney_13
Attorney posted December 20, 2006 05:00 AM
--------------------------------------------------------------------------------
What happens in retaining a priority date where the I-140 is revoked is unclear. While there are regulations that state that you would no longer be able to carry over the priority date if the I-140 is revoked, there is a USCIS memorandum that states that only where the I-140 is revoked for misrepresentation or fraud are you not able to carry it over. The USCIS seems to be following the memorandum consistently though it does not have the force of law. It is not necessary that the positions between the first I-140 and the new subsequent I-140 be same or similar in any way. The DOL does not determine if a priority date will transfer. That is a determination by the USCIS. The language in the regulations is "shall" be transferred, rather than being discretionary.
Attorney_13
Attorney posted December 08, 2006 03:06 PM
--------------------------------------------------------------------------------
If one has an approved I-140, the priority date of that approval is "locked-in" so to speak and can be used for future cases. Normal proof one would want to have for when s/he is filing a new PERM case with a new I-140, is a copy of that previous approval notice, though sometimes it is possible to use the on-line status print out. To carry over the priority date it is not necessary that the two positions be similar, or even that they be in the same preference category. One can be EB3 and the other EB2.
Attorney_13
Attorney posted December 20, 2006 05:00 AM
--------------------------------------------------------------------------------
What happens in retaining a priority date where the I-140 is revoked is unclear. While there are regulations that state that you would no longer be able to carry over the priority date if the I-140 is revoked, there is a USCIS memorandum that states that only where the I-140 is revoked for misrepresentation or fraud are you not able to carry it over. The USCIS seems to be following the memorandum consistently though it does not have the force of law. It is not necessary that the positions between the first I-140 and the new subsequent I-140 be same or similar in any way. The DOL does not determine if a priority date will transfer. That is a determination by the USCIS. The language in the regulations is "shall" be transferred, rather than being discretionary.
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raysaikat
09-02 08:43 AM
You are on EAD. When you fill your I-9 form with the EAD info. your on EAD...but USCIS doesnt know about this...its up to the Employer to inform the USCIS but usually (or generally) the employer don't inform the USCIS,however I don't think its mandatory to inform USCIS. In any case its not on your shoulder to inform the USCIS.
So, what I would do, is save the I-9 form (it must have the date when you signed) and pay-stubs...just to show that you have been on EAD, should you get any RFE regarding the status.
Thanks....
This is not correct. The OP's status is not determined by what he files in the I-9 form. The determining factor is the I-94 form, the latest one that is valid. If the OP got an I-94 attached to his I-797 form (usually one does), then s/he is in H1-B from the day printed on the I-94 form regardless how long does the EAD remain valid.
AFAIK, if the OP wishes to remain on F-1 EAD, s/he can go out of the country before the H1-B I-94 starting date (Oct 1?) and reenter US on F-1 visa (i.e., the I-94 given at the port of entry would be for F-1). I do not know if there is any risk involved, or what would happen to the H1-B approval.
---------
I am not a lawyer. Use at your own risk any information given by me.
So, what I would do, is save the I-9 form (it must have the date when you signed) and pay-stubs...just to show that you have been on EAD, should you get any RFE regarding the status.
Thanks....
This is not correct. The OP's status is not determined by what he files in the I-9 form. The determining factor is the I-94 form, the latest one that is valid. If the OP got an I-94 attached to his I-797 form (usually one does), then s/he is in H1-B from the day printed on the I-94 form regardless how long does the EAD remain valid.
AFAIK, if the OP wishes to remain on F-1 EAD, s/he can go out of the country before the H1-B I-94 starting date (Oct 1?) and reenter US on F-1 visa (i.e., the I-94 given at the port of entry would be for F-1). I do not know if there is any risk involved, or what would happen to the H1-B approval.
---------
I am not a lawyer. Use at your own risk any information given by me.
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Sushie
08-17 02:46 PM
Thanks Kondur_007,
I thought the same about the officer . Now , am in the second category..Have an H1 but my i94 is on H4 stamping ..I hold an Indian passport , do you know if i should get the H1 stamping (first time stamping) in India or can i conveniently get it done in Canada?
I thought the same about the officer . Now , am in the second category..Have an H1 but my i94 is on H4 stamping ..I hold an Indian passport , do you know if i should get the H1 stamping (first time stamping) in India or can i conveniently get it done in Canada?
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desi3933
02-23 11:03 AM
Hi
We are in AOS pending status. I am on EAD.
After seeing the economy I am planning to send my wife to India. She is pregnant (2 months). Now I have job and in future if I get into any trouble with project Etc.. I need to pay the medical insurance and will have lot of financial issues.
How difficult is to bring new infant to US from India while our AOS is pending and apply 485. (Visitor visa Etc..)
Any suggestions.
Thanks
Since you are not on H1 visa status anymore, child can not get H-4 visa to enter into USA. Your child must get immigrant visa as follow-to-join. Immigrant visa can be issued only when your PD is current. You will need to file I-824 with USCIS. (Link for I-824 (http://www.uscis.gov/files/form/I-824.pdf))
________________________
Not legal advice.
US citizen of Indian origin
We are in AOS pending status. I am on EAD.
After seeing the economy I am planning to send my wife to India. She is pregnant (2 months). Now I have job and in future if I get into any trouble with project Etc.. I need to pay the medical insurance and will have lot of financial issues.
How difficult is to bring new infant to US from India while our AOS is pending and apply 485. (Visitor visa Etc..)
Any suggestions.
Thanks
Since you are not on H1 visa status anymore, child can not get H-4 visa to enter into USA. Your child must get immigrant visa as follow-to-join. Immigrant visa can be issued only when your PD is current. You will need to file I-824 with USCIS. (Link for I-824 (http://www.uscis.gov/files/form/I-824.pdf))
________________________
Not legal advice.
US citizen of Indian origin
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kanakabyraju
07-16 01:39 PM
I think the best way is to bring her back, because its Preferable to go to the same doctor
were you had done intial exams
Moreover to the best of my knowledge this cannot be done in india
I had to call my wife back for the same reason in May
hope this helps
thanks for the helpful info. Any other had similar experience ?
were you had done intial exams
Moreover to the best of my knowledge this cannot be done in india
I had to call my wife back for the same reason in May
hope this helps
thanks for the helpful info. Any other had similar experience ?
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bigboy007
02-25 10:13 PM
I laughed at it when i first saw this in OhLaw website. Any employee who thinks of AC21 job change would be in either of those buckets mentioned and conclusion is NO AC21 for EB employees if truely interpreted another scary tactic though.....
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Axilleus
10-23 11:36 AM
I found that EADs from NSC are being issued for filers until Aug13, as of now. I guess the processing time is like a week and half of the week, for every day. So you could be getting in 3 weeks.
Just wondering how do you know that EADs are being issued for Aug 13 filers?
Just wondering how do you know that EADs are being issued for Aug 13 filers?
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chanduv23
06-19 12:05 PM
Story of my life :D
Hindsight is 20-20, she regrets sometimes because its so difficult now (back then in the 70's they had given her a GC when she landed at the airport with all sponsorship documents), but I tell her whats done is done... they did what they thought was best at that point in time :) so no regrets!
My dad who was here in 70s on a GC is now here after 35+ years on a tourist visa. He had a gettogether with all his friends of his time those who came here with him and we figured out that most of their children are ABCD and not doing that big or great but do carry tons of attitude towards people like us. I am glad that I am not like them, if I was born here, I would have grown as a ABCD and I am glad I am not, offocurse, the interesting thing to watch would be how our children turn out to be :)
Hindsight is 20-20, she regrets sometimes because its so difficult now (back then in the 70's they had given her a GC when she landed at the airport with all sponsorship documents), but I tell her whats done is done... they did what they thought was best at that point in time :) so no regrets!
My dad who was here in 70s on a GC is now here after 35+ years on a tourist visa. He had a gettogether with all his friends of his time those who came here with him and we figured out that most of their children are ABCD and not doing that big or great but do carry tons of attitude towards people like us. I am glad that I am not like them, if I was born here, I would have grown as a ABCD and I am glad I am not, offocurse, the interesting thing to watch would be how our children turn out to be :)
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desi3933
08-05 04:41 PM
I know this is not a good question as there is no time frame for GC process?
But please share your experience;
How many years it could take to get GC if it is started with in Aug. 2008 for
-EB2 category
-EB3 category
I am trying to understand the time (years) difference between two process.
Thanks,
Sanjeev.
Do you have 3 year degree? If so, getting into EB-2 is going to be little tough.
Good Luck.
But please share your experience;
How many years it could take to get GC if it is started with in Aug. 2008 for
-EB2 category
-EB3 category
I am trying to understand the time (years) difference between two process.
Thanks,
Sanjeev.
Do you have 3 year degree? If so, getting into EB-2 is going to be little tough.
Good Luck.
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adde72
07-17 06:03 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..
Agreed. Its should remain in History for USCIS july VB fiasco
Agreed. Its should remain in History for USCIS july VB fiasco
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indianindian2006
07-23 12:22 PM
July 02 11am
Signed by Clark Uhrmarcher
Signed by Clark Uhrmarcher
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powerman
08-14 02:13 PM
I did it too and as long as you are with the same company doing the same job as you did when you originally started... GO FOR IT... BEC's are a big mess and they are here to stay... at least for another 2 years (this is just my prediction)
Hi Mike,
I am with same company since I came (since 2000) and my current LC (RIR, EB3-India) pendng at PEBC, my PD is 06/16/03, I am about to file 8th H1 Ext, My Lawyer is not advising me to convert into PERM, can you suggest/refferer your lawyer?
Thanks
Hi Mike,
I am with same company since I came (since 2000) and my current LC (RIR, EB3-India) pendng at PEBC, my PD is 06/16/03, I am about to file 8th H1 Ext, My Lawyer is not advising me to convert into PERM, can you suggest/refferer your lawyer?
Thanks
140jibjab
01-11 11:06 AM
When you apply for H4 for the new wife. Make sure you take the follwoing:
1. Divorce Decree.
2. New Marraige registration(India Marraige Registration). Take the Marraige certificate and the Copy of the Application(Application you provide at the local authority to get your new marraige registered). Also make sure you Check the Divorced in the application. US consulate wants to make sure you have given the right info to the Local authorities).
3. Based on your H1, your new wife will get her H4 stamped.(been through it so it works like a charm).
All the best
Thank you so much...
What is the H4 Process for new wife? will she be given the H4 Visa with no issues in us consulates in India???
1. Divorce Decree.
2. New Marraige registration(India Marraige Registration). Take the Marraige certificate and the Copy of the Application(Application you provide at the local authority to get your new marraige registered). Also make sure you Check the Divorced in the application. US consulate wants to make sure you have given the right info to the Local authorities).
3. Based on your H1, your new wife will get her H4 stamped.(been through it so it works like a charm).
All the best
Thank you so much...
What is the H4 Process for new wife? will she be given the H4 Visa with no issues in us consulates in India???
eadguru
11-02 12:59 PM
I got the same queries guys.
i think most of vermont transferred applications are getting it.
i will also send color copies of all the documents mentined by you.
how do you have i 94 for all h1's. i just have my current one. rest all i gave it to immigration while departing to india.
appreciate any responses.
thanks,
srikanth
Sent the all the existing I 94's and Passport.
i think most of vermont transferred applications are getting it.
i will also send color copies of all the documents mentined by you.
how do you have i 94 for all h1's. i just have my current one. rest all i gave it to immigration while departing to india.
appreciate any responses.
thanks,
srikanth
Sent the all the existing I 94's and Passport.
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