Thank you all for replying..so in your opinion first thing i should is to contact school..then wat are my next steps..
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Thank you katrina for your response.
My fear is that if I have an interview, I would fall to pieces and get so nervous to answer questions.
I also wonder if my entries from 1986 will show up when they check the records.
It probably will not show up, but if you think you will be that nervous then you may want to get an attorney. But your case looks ok. You have maintained status since your last entry.
My fear is that if I have an interview, I would fall to pieces and get so nervous to answer questions.
I also wonder if my entries from 1986 will show up when they check the records.
It probably will not show up, but if you think you will be that nervous then you may want to get an attorney. But your case looks ok. You have maintained status since your last entry.
Is this true? If the employer agrees to not invoke I140 for next 180 days, I can start working for another company tomorrow without affecting my 485 application?
Wouldn't you need to show paystubs or something, for 180 days, for the company that filed your I485?
Thank you!!
This is dicey. The rule of thumb is: GC is for future employment. Somehow you need to convince this immigration officer that you worked or want to work for employer who filed GC for you. Thats why they have this 180 days clause.
Wouldn't you need to show paystubs or something, for 180 days, for the company that filed your I485?
Thank you!!
This is dicey. The rule of thumb is: GC is for future employment. Somehow you need to convince this immigration officer that you worked or want to work for employer who filed GC for you. Thats why they have this 180 days clause.
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What risks are there? I tried to search the archives but probably am not using the right search terms. Can somebody help me out?
Check the archives where people have done extensive study on this subject. In a nutshell, it is not a good idea to do multiple 485s. There are risks.
Check the archives where people have done extensive study on this subject. In a nutshell, it is not a good idea to do multiple 485s. There are risks.
You are counting one visa per person in EB3. Remember that applicant's family members too take away visas from these numbers. On an average it is considered as 2.5 visas per primary applicant.
Also, the last I remember, the country cap was 7% and not 10%, unless things have changed since then.
Also, the last I remember, the country cap was 7% and not 10%, unless things have changed since then.
Thanks Yagw. Appreciate your response. That is the part I am not certain: If they ask for Copies of Tax return?
Also, as per my understanding, You only get RFE when your PD is current (I did not file AC21, when I switched to EAD). And, since EB3 india is stuck on Oct 01 for months now, It will be years before they get to my case. Am I right in my assumption ?
>> Also, as per my understanding, You only get RFE when your PD is current
Incorrect.
RFE and I-485 denial can be issued even when PD is not current.
Also, as per my understanding, You only get RFE when your PD is current (I did not file AC21, when I switched to EAD). And, since EB3 india is stuck on Oct 01 for months now, It will be years before they get to my case. Am I right in my assumption ?
>> Also, as per my understanding, You only get RFE when your PD is current
Incorrect.
RFE and I-485 denial can be issued even when PD is not current.
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?
So what I understand is that your I 797 (H1 approval) does not have attached I94 at the bottom.
If that is the case, you have two options:
1. File for Change of status with USCIS and then they will send you new I 797 with attached I 94. (you will need your attorney to do this for you).
2. Get H1 stamped on the passport (peferably in India as this is your first H1 stamping).
After that you can get your SS card.
Good Luck.
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?
So what I understand is that your I 797 (H1 approval) does not have attached I94 at the bottom.
If that is the case, you have two options:
1. File for Change of status with USCIS and then they will send you new I 797 with attached I 94. (you will need your attorney to do this for you).
2. Get H1 stamped on the passport (peferably in India as this is your first H1 stamping).
After that you can get your SS card.
Good Luck.
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brij523.. Taking time out for IV even though you have your GC
Did you file to change to H4 after your H1 transfer was rejected? If you did not, you might want to talk to a lawyer as you may probably be out of status.
Hi,
My husband filed I485 in August 2007 and included me as derivative. I also hold H1B visa from January 2005. I entered US in H4 visa in 2001 and later converted to H1. My questions and concerns are will the immigration officer will dig into my employment history starting from Jan 2005 till now and ask for paystubs and w2 etc. I submitted 3 months paystubs along with I485 form. Is that just enough? I have sleepless nights nowadays. This is my situation. Employer A who got me H1B initially in 2005 could not get me a project continuously for about one year. So later I tranferred my H1 to another company B. Company B got me project and started working for company B after a long gap. Subsequently my H1 tranfer to company B was rejected during Feb 2007 due to some reason. Since I was in a project, company B again filed for another H1 transfer through it's another sister company C in March 2007. Got RFE and because of abondonment it was also rejected in October 2007. While I filed I485, I submitted 3 months paystubs of company C. My concern is will I be scrutinized by the immigration officer while processing my I485? Please experts, your suggestion and help is much appreciated.
Hi,
My husband filed I485 in August 2007 and included me as derivative. I also hold H1B visa from January 2005. I entered US in H4 visa in 2001 and later converted to H1. My questions and concerns are will the immigration officer will dig into my employment history starting from Jan 2005 till now and ask for paystubs and w2 etc. I submitted 3 months paystubs along with I485 form. Is that just enough? I have sleepless nights nowadays. This is my situation. Employer A who got me H1B initially in 2005 could not get me a project continuously for about one year. So later I tranferred my H1 to another company B. Company B got me project and started working for company B after a long gap. Subsequently my H1 tranfer to company B was rejected during Feb 2007 due to some reason. Since I was in a project, company B again filed for another H1 transfer through it's another sister company C in March 2007. Got RFE and because of abondonment it was also rejected in October 2007. While I filed I485, I submitted 3 months paystubs of company C. My concern is will I be scrutinized by the immigration officer while processing my I485? Please experts, your suggestion and help is much appreciated.
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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.
The following link from immigration.com forums might give you some mental relief. As every one else said report to DOL if you were not paid.
DOL obtains $638,000 in wages and debars a New Jersey Company for one year - Blogs - ImmigrationPortal Forums (http://forums.immigration.com/entry.php?266-DOL-obtains-638-000-in-wages-and-debars-a-New-Jersey-Company-for-one-year)
DOL obtains $638,000 in wages and debars a New Jersey Company for one year - Blogs - ImmigrationPortal Forums (http://forums.immigration.com/entry.php?266-DOL-obtains-638-000-in-wages-and-debars-a-New-Jersey-Company-for-one-year)
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Read AVR rules.
http://www.ohr.wisc.edu/IFSS/AutomaticVisaRevalidation.htm
http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html
Once request for Visa is made, AVR is not applicable. You have to go to home country and try for Visa.
http://www.ohr.wisc.edu/IFSS/AutomaticVisaRevalidation.htm
http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html
Once request for Visa is made, AVR is not applicable. You have to go to home country and try for Visa.
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I got the RFE notification in the mail yesterday and here is the RFE info:
The Service acknowledges that you filed your I-485 Employment Based Application (Receipt #) based on your approved 3rd preference I-140 (Receipt #). Service records indicate that you also have an approved 2nd preference I-140 (Receipt #) with a priority date that affords you an available visa. If you wish to transfer this I-485 to your newly approved Form I-140 a request for conversion must be made in writing. If no response is received, USCIS will continue adjudication on the instant I-485 based on your 3rd preference I-140 and will wait for visa availability based on that preference classification".
I had another approved I-140 in EB2 from the client where I worked as a contractor. That company got acquired by another and am not sure if they still support me in the process.
1) Did anyone receive such RFE?
2) Should I send USCIS a letter by requesting them to trasfer my I-485 to EB2?
3) USCIS had issued this RFE on 03/03/10 with 04/03/10 deadline but I had received it yesterday(3/27/10). I have only 1 week to respond back.
Is there a way to buy some more time if i cant respond back in 3-4 business days?
Please advice. I really appreciate your help!
Thanks in advance.
The Service acknowledges that you filed your I-485 Employment Based Application (Receipt #) based on your approved 3rd preference I-140 (Receipt #). Service records indicate that you also have an approved 2nd preference I-140 (Receipt #) with a priority date that affords you an available visa. If you wish to transfer this I-485 to your newly approved Form I-140 a request for conversion must be made in writing. If no response is received, USCIS will continue adjudication on the instant I-485 based on your 3rd preference I-140 and will wait for visa availability based on that preference classification".
I had another approved I-140 in EB2 from the client where I worked as a contractor. That company got acquired by another and am not sure if they still support me in the process.
1) Did anyone receive such RFE?
2) Should I send USCIS a letter by requesting them to trasfer my I-485 to EB2?
3) USCIS had issued this RFE on 03/03/10 with 04/03/10 deadline but I had received it yesterday(3/27/10). I have only 1 week to respond back.
Is there a way to buy some more time if i cant respond back in 3-4 business days?
Please advice. I really appreciate your help!
Thanks in advance.
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Thanks pappu. Santb1975, nothing compared to your contribution to the movement. Let me stop before we start a mutual admiration society here :)
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Thank you very much for your post. I am in identical situation and planning to use AP to travel to India. Your post gives me some confidence to travel.
you are welcome jungalee..dont worry, you will be very fine.
you are welcome jungalee..dont worry, you will be very fine.
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Thank you. Very encouraging.
Hope for the best, prepare for the worst.
Hope for the best, prepare for the worst.
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Do you know the reason for the 140 denial ?
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Hi...
I called Ciudad Juarez, Mexico - -800-919-1754 (with a cost of US$7.00 per call payable by Visa or MasterCard) and checked up with the customer service with my petition number whether he could see my petition details in his system. He told me that he could see my petition details in the system. And, I asked him whether that information is from PIMS? But, he told me that he is not sure what system is that but he could see my petition information.
Does anyone have thoughts on this ... ie., MY Petition information is available in PIMS right now? If so, when will I get the passports stamped?
Thanks!
I called Ciudad Juarez, Mexico - -800-919-1754 (with a cost of US$7.00 per call payable by Visa or MasterCard) and checked up with the customer service with my petition number whether he could see my petition details in his system. He told me that he could see my petition details in the system. And, I asked him whether that information is from PIMS? But, he told me that he is not sure what system is that but he could see my petition information.
Does anyone have thoughts on this ... ie., MY Petition information is available in PIMS right now? If so, when will I get the passports stamped?
Thanks!
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But I'm definitely open to planning something. I'll try to create a list of possible sites and post it here with in the next week or so for everyone to add to / subtract from. How's that sound?
I like Michael's ideas, but a list of choices would be nice.
I like Michael's ideas, but a list of choices would be nice.
Here is an excerpt from the blogs of one immigration attorneys
I've been thinking about this so-called "permanent solution" and the speculation here and elsewhere and I don't think it will be the acceptance of adjustment applications without a priority date because that simply is not permitted under the Immigration and Nationality Act's Section 245(a):
(a)--Status as Person Admitted for Permanent Residence on Application and Eligibility for Immigrant Status
The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed.
Congress would have to change the law to allow for adjustments to be filed without a priority date being available. They are actually considering such a change as part of the SKIL Act introduced last year and this is something promoted by my friends Gary Endelman and Dinesh Shenoy in articles on the subject.
But that is not to say that there is not a solution that gets close to the same place. Perhaps offering interim benefits like an employment authorization document and advance parole without having the adjustment application filed might be a possibility. I don't believe there is a statutory bar to this
http://blogs.ilw.com/gregsiskind/2007/07/what-i-think-th.html
PS: If this is already discussed the moderators are free to merge it, chuck it
I've been thinking about this so-called "permanent solution" and the speculation here and elsewhere and I don't think it will be the acceptance of adjustment applications without a priority date because that simply is not permitted under the Immigration and Nationality Act's Section 245(a):
(a)--Status as Person Admitted for Permanent Residence on Application and Eligibility for Immigrant Status
The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed.
Congress would have to change the law to allow for adjustments to be filed without a priority date being available. They are actually considering such a change as part of the SKIL Act introduced last year and this is something promoted by my friends Gary Endelman and Dinesh Shenoy in articles on the subject.
But that is not to say that there is not a solution that gets close to the same place. Perhaps offering interim benefits like an employment authorization document and advance parole without having the adjustment application filed might be a possibility. I don't believe there is a statutory bar to this
http://blogs.ilw.com/gregsiskind/2007/07/what-i-think-th.html
PS: If this is already discussed the moderators are free to merge it, chuck it
Pretty much every body recommends not sending unwanted documents like all copies of Passport.
