JazzByTheBay
11-28 11:47 AM
I visited the country first ~8 yrs ago as a visitor. I got a job offer from a desi company and they filed for my H1. I was never informed about status of the H1 petition. I was informed I am in status and it was OK to stay longer than the time allowed by my I-94 (in a visitor status).
In the process, I ended up staying about 10 days longer, but then I returned to India, and came back after a couple of months, again as a visitor.
Now I'm on a H1B (8th year) with I-140 approved, but haven't traveled at all, and would like to get a visa issued/stamped in my passport.
I have since lost touch with that employer and they don't seem to be in business any more, nor can the owner be contacted.
I recently learnt from someone that the petition was in fact approved.
I called USCIS, and I was told the employer who filed the petition can file a form (I-824?) to get a duplicate copy, but they need to attach a copy of the original as proof!! *Or I can file a request under Freedom of Information Act*, they're not sure how long that'll take to get processed.
Questions:
1) Will the overstay become a problem? I do not have any documentation of the filing/status/approval of the H1 petition filed at that time.
2) How else can I get a copy of the Approval Notice to prove I wasn't out of status during the less than 2 weeks of overstay about 8 years ago?
3) Will this become a problem with my I-485 (whenever that will be filed with a PD of early 2006)?
Thanks,
Jazz
In the process, I ended up staying about 10 days longer, but then I returned to India, and came back after a couple of months, again as a visitor.
Now I'm on a H1B (8th year) with I-140 approved, but haven't traveled at all, and would like to get a visa issued/stamped in my passport.
I have since lost touch with that employer and they don't seem to be in business any more, nor can the owner be contacted.
I recently learnt from someone that the petition was in fact approved.
I called USCIS, and I was told the employer who filed the petition can file a form (I-824?) to get a duplicate copy, but they need to attach a copy of the original as proof!! *Or I can file a request under Freedom of Information Act*, they're not sure how long that'll take to get processed.
Questions:
1) Will the overstay become a problem? I do not have any documentation of the filing/status/approval of the H1 petition filed at that time.
2) How else can I get a copy of the Approval Notice to prove I wasn't out of status during the less than 2 weeks of overstay about 8 years ago?
3) Will this become a problem with my I-485 (whenever that will be filed with a PD of early 2006)?
Thanks,
Jazz
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lavanyamohan
03-16 08:21 PM
Thanks much for your valuable info
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MetteBB
05-20 02:56 AM
I like those... Nice 'shapes' and colours.
/mette
/mette
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Honda
08-19 09:02 PM
Can we ( VA, DC and MD members ) could meet up some week end to discuss Past/present/future IV/Non-IV issues. And it would be a good event not only to get to know each other and to get new people in.It would be a great if atleast one core member presides the event.
Hi VDL Rao
Where are you located now? From the last couple of months i did not see your messages also.
Hi VDL Rao
Where are you located now? From the last couple of months i did not see your messages also.
more...
gc_on_demand
09-23 07:42 PM
Just read this on another forum.....
http://blogs.ilw.com/gregsiskind/2008/09/menendez-introd.html
Where does that put us considering the house bill didn't even make it to markup today?
I thought it was E-verify and our bill with some sunset bills. Now he excluded those things and added last item which Republicans never supports. So he is making this as suicide bill . This is all about politics. See how they turned back in last minutes. Now they created a image of Immi friendly but eventually they didn't fight for us. Bob was Anti in beginning and he introduce recapture so get our support now after becoming popular among us and our friends , relatives he is officially not stopping bill but killing it.
http://blogs.ilw.com/gregsiskind/2008/09/menendez-introd.html
Where does that put us considering the house bill didn't even make it to markup today?
I thought it was E-verify and our bill with some sunset bills. Now he excluded those things and added last item which Republicans never supports. So he is making this as suicide bill . This is all about politics. See how they turned back in last minutes. Now they created a image of Immi friendly but eventually they didn't fight for us. Bob was Anti in beginning and he introduce recapture so get our support now after becoming popular among us and our friends , relatives he is officially not stopping bill but killing it.
wandmaker
11-17 01:48 PM
Once your wife's starts using EAD, her H status is invalid (H1 or H4).
EAD to H4: Fastest way to get back to H4 would be travel outside USA, stamp, and reenter using H4. You should be maintaining the H1 status all the time.
EAD to H1: In my opinion, she can get back to H1 as long as her H1 is not expired. COS to H1 or extension can not be done past expiry date.
Hope this helps!
EAD to H4: Fastest way to get back to H4 would be travel outside USA, stamp, and reenter using H4. You should be maintaining the H1 status all the time.
EAD to H1: In my opinion, she can get back to H1 as long as her H1 is not expired. COS to H1 or extension can not be done past expiry date.
Hope this helps!
more...
chinna2003
07-19 01:28 PM
I am a physician with subspeciality board certification. I have been in AOS/EAD since July 2008 as a dependent on my wifes EB3 Employment based petition.
Due to current retrogression, I want to explore the EB1 route. The question I have is can I apply for a new EB1/AOS in view of my current status of being in AOS/EAD already.
What impact will it have on my wife if I choose to add her as dependent.
Due to current retrogression, I want to explore the EB1 route. The question I have is can I apply for a new EB1/AOS in view of my current status of being in AOS/EAD already.
What impact will it have on my wife if I choose to add her as dependent.
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imig2007
06-14 06:02 PM
My case is a bit different.
I have a 485 filed by a company for future employment.
Right now my Priority date became current for my current employer and that labor and I140 are approved.
So can we file multiple 485's with USCIS or do we need to cancel the other 485 to file new 485 with my current employer.
I have a 485 filed by a company for future employment.
Right now my Priority date became current for my current employer and that labor and I140 are approved.
So can we file multiple 485's with USCIS or do we need to cancel the other 485 to file new 485 with my current employer.
more...
rpat1968
09-19 11:12 PM
My PD is July 2004 EB2 with RD 02 July 2007, ND 09 Aug 2009. NC cleared in Oct 2007, Biometrics renewed by USCIS Feb 2009 and all primary and dependent cases PreAdjudicated on 13th Apr 2009.
While doing routine status check this month by opening SR's I came to know that USCIS has screwed up my EB category on my pending I-485 application in NSC. Looks like the data entry was screwed by the USCIS contractors or mail room personell. Also the PreAdj process also completely overlooked this mistake and preadjudicated my case. Because of their mistake my case was not even considered for approvals this month and also last years when the dates were current.
I created multiple SR's and did 3 infopass appointments to find out what is the current EB Classification and finally was able to confirm through infopass appointment that USCIS has put me and my family in EB3 category (GC category E36, E37, E38) instead of EB2 (E21).
SR response were vague and did not help much. Infopass appointments were of very little help as IO's in Dallas Infopass center are not trained to handle EB - I485 related issues. They don't have access to enough information to help us. They don't know how to use their own system to find information. Tried POJ method to reach IO but always got connected to useless CSR's.
I have only one I-140 in Eb2. My lawyer wrote to USCIS this Friday. I don't know when USCIS will correct the mistake so that they can Adjudicate my case being current this month and next month.
CSR's are not letting me open SR's as I have already opened 3 SR's ( 2 on my own and 1 through IO in infopass).
Did anyone has any similar experience with USCIS screwing up their application? If yes how were you able to get this fixed. Please post if you have any USCIS-NSC expedited addresses, FAX numbers, Direct contact addresses for Senior USCIS officals or procedures for submitting issues. Any help with be greatly appreciated.
:confused::mad:
While doing routine status check this month by opening SR's I came to know that USCIS has screwed up my EB category on my pending I-485 application in NSC. Looks like the data entry was screwed by the USCIS contractors or mail room personell. Also the PreAdj process also completely overlooked this mistake and preadjudicated my case. Because of their mistake my case was not even considered for approvals this month and also last years when the dates were current.
I created multiple SR's and did 3 infopass appointments to find out what is the current EB Classification and finally was able to confirm through infopass appointment that USCIS has put me and my family in EB3 category (GC category E36, E37, E38) instead of EB2 (E21).
SR response were vague and did not help much. Infopass appointments were of very little help as IO's in Dallas Infopass center are not trained to handle EB - I485 related issues. They don't have access to enough information to help us. They don't know how to use their own system to find information. Tried POJ method to reach IO but always got connected to useless CSR's.
I have only one I-140 in Eb2. My lawyer wrote to USCIS this Friday. I don't know when USCIS will correct the mistake so that they can Adjudicate my case being current this month and next month.
CSR's are not letting me open SR's as I have already opened 3 SR's ( 2 on my own and 1 through IO in infopass).
Did anyone has any similar experience with USCIS screwing up their application? If yes how were you able to get this fixed. Please post if you have any USCIS-NSC expedited addresses, FAX numbers, Direct contact addresses for Senior USCIS officals or procedures for submitting issues. Any help with be greatly appreciated.
:confused::mad:
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PD_Dec2002
06-10 07:50 PM
Can anybody please let me know what are the documents needed to file for 485. If I do not have any immunization record, how can I show that immunization record?
Somebody with experience please post. It has been answered earlier elsewhere, but I could not find it through search.
Thank you
Your question is answered in this thread: http://immigrationvoice.org/forum/showthread.php?t=4476 on page 1 by "arnet".
Thanks,
Jayant
Somebody with experience please post. It has been answered earlier elsewhere, but I could not find it through search.
Thank you
Your question is answered in this thread: http://immigrationvoice.org/forum/showthread.php?t=4476 on page 1 by "arnet".
Thanks,
Jayant
more...
bhatt
05-22 11:12 AM
Let us say someone has changed employers after 180 days of 485 application and has no plans to invoke AC21(which is optional) .
1)What is the process to switch attorneys(from Attorney A to Attorney B)?
OR alternatively
2)If we don't want to choose a new attorney, but want all the communictation(such as RFE to come to you), What is the process ?
I read somewhere that you can do this by filing a new G-28, but not sure of the step by step process and the documentation needed.
Appreciate as much details as possible from someone who did this.
Sorry, if this info is already in the forum.
1. Fill new G28 and singed by the applicant and the new attorney and send it to USCIS
2. Fiell new G28 form or send a letter to USCIS, saying that the current atttonreny on the file does not represent you any more and to send any future correspodence to the specified address. I think there is a separate P.O addresss you have to send this letter. Check the USCIS site
1)What is the process to switch attorneys(from Attorney A to Attorney B)?
OR alternatively
2)If we don't want to choose a new attorney, but want all the communictation(such as RFE to come to you), What is the process ?
I read somewhere that you can do this by filing a new G-28, but not sure of the step by step process and the documentation needed.
Appreciate as much details as possible from someone who did this.
Sorry, if this info is already in the forum.
1. Fill new G28 and singed by the applicant and the new attorney and send it to USCIS
2. Fiell new G28 form or send a letter to USCIS, saying that the current atttonreny on the file does not represent you any more and to send any future correspodence to the specified address. I think there is a separate P.O addresss you have to send this letter. Check the USCIS site
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AZ_GC
08-22 06:20 PM
Your GC is future job based, if your current company agrees to sponsor your paperwork even after you do H-1 transfer then you might be able to pull it off. Otherwise it is i agree in the trash can.
more...
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ca_immigrant
07-29 02:01 PM
It's very painful to deal with these guys at times.
I also tried asking a finance broker about this and never heard back...
Have you tried apporaching another bank or some broker ?
(I was intrested to know if the can do a intrest only loan for 125% of current value...I would think no.....but perhaps no one has all the details ironed out yet)
I also tried asking a finance broker about this and never heard back...
Have you tried apporaching another bank or some broker ?
(I was intrested to know if the can do a intrest only loan for 125% of current value...I would think no.....but perhaps no one has all the details ironed out yet)
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JunRN
11-01 11:20 AM
Priority Date comes first, and then country limit. Country limit is not respected at the last quarter of each Visa Year (July to Sep).
If you're on EB2, then you're on for approval as soon as everything clears (security check, etc.). If you're on EB3, wait for a while dear. It will not come soon.
If you're on EB2, then you're on for approval as soon as everything clears (security check, etc.). If you're on EB3, wait for a while dear. It will not come soon.
more...
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dextro_a
01-23 09:34 AM
I worked with them for almost a year and ran like anything.
They were paying me meager salary even I had a good rate.
They started GC when I asked, which was good
There health insurance sucked
They reduced my salary at the last moment when I gave notice to my last employer. Agreed to give a raise after 6 monhts, never did. When I asked again after 1 year, they wanted to give me 2K raise which was nothing. This was after end client raised the rate by $5/hr
Owner/sales guy are amway, they'll ask you to go to there meetings. Somehow, i saved myself :)
When I left, they canceled my health insurance from a month back even when they have deducted premium from my salary.When I threatened to log a case with DOL then they gave the money (which they deducted) back. Still, I had to pay medical expense for that month (fortunetly it was less then the premium)
They were paying me meager salary even I had a good rate.
They started GC when I asked, which was good
There health insurance sucked
They reduced my salary at the last moment when I gave notice to my last employer. Agreed to give a raise after 6 monhts, never did. When I asked again after 1 year, they wanted to give me 2K raise which was nothing. This was after end client raised the rate by $5/hr
Owner/sales guy are amway, they'll ask you to go to there meetings. Somehow, i saved myself :)
When I left, they canceled my health insurance from a month back even when they have deducted premium from my salary.When I threatened to log a case with DOL then they gave the money (which they deducted) back. Still, I had to pay medical expense for that month (fortunetly it was less then the premium)
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nashim
02-03 07:57 AM
One lost his job and opted for subsidized COBRA. After one month he got job from small company. New employer does not pay for health insurance and insurance premium is more than subsidized COBRA premium.
In this case, Is it ok to continue using subsidized COBRA even after getting new job?
Thanks,
In this case, Is it ok to continue using subsidized COBRA even after getting new job?
Thanks,
more...
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gc_on_demand
05-18 03:53 PM
Hi,
I am currently on h1b visa without a project from past 1 year in US and my employer asked me to convert to L2 visa dependent on my husband who is on L1 visa . I do not have any paystubs for my stamping. If I go to canada consulate for stamping, what is the success rate for my visa being approved?Will I be able to come back to US without any issues.Also, can you suggest me to which consulate should I go for my stamping?Please help!
Thanks.
If you didnot receive pay for 1 year means you were illegal in USA. This site is for highly skilled Legal immigrants. you can file a complaint against ur empoyer for not paying wage once you are on L2. If you win case against ur employer keep record with u and go for l2 stamping .. you should not have any issue.
Note : I am not an attorney. This is my view and can be differ from other.
I am currently on h1b visa without a project from past 1 year in US and my employer asked me to convert to L2 visa dependent on my husband who is on L1 visa . I do not have any paystubs for my stamping. If I go to canada consulate for stamping, what is the success rate for my visa being approved?Will I be able to come back to US without any issues.Also, can you suggest me to which consulate should I go for my stamping?Please help!
Thanks.
If you didnot receive pay for 1 year means you were illegal in USA. This site is for highly skilled Legal immigrants. you can file a complaint against ur empoyer for not paying wage once you are on L2. If you win case against ur employer keep record with u and go for l2 stamping .. you should not have any issue.
Note : I am not an attorney. This is my view and can be differ from other.
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rajmalhotra
10-19 09:48 AM
I did the same thing.
I filed first I-485 on July 6th, but my attorney said that they had messed something up...and need to file second I-485. Second set was filled around August 14th
I received all my receipts as well as EAD from first filling.
So my attorney asked to put stop payment on checks from second I-485, so now when USCIS asks for money...she will withdraw the second case at that time.
Should this work...???
I filed first I-485 on July 6th, but my attorney said that they had messed something up...and need to file second I-485. Second set was filled around August 14th
I received all my receipts as well as EAD from first filling.
So my attorney asked to put stop payment on checks from second I-485, so now when USCIS asks for money...she will withdraw the second case at that time.
Should this work...???
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Blog Feeds
02-10 08:50 PM
Immigration Visa Attorney Blog Has Just Posted the Following:
http://www.immigrationvisaattorneyblog.com/flag_CNMI.gifAll immigration law attorneys must deal with foreign countries, unique international legal issues, and some quaint interpretations of law. The lawyers at Los Angeles' Fong & Chun are no exception, and in fact, this recent change affects some of our clients who do business in or own businesses in the Commonwealth of the Northern Mariana Islands (CNMI).
On 28 November 2008, "the United States" as defined for purposes of the Immigration & Nationality Act (INA) just got bigger, with the addition of the Commonwealth of the Northern Mariana Islands. Although there are probably wrinkles I have not yet read in the treaty, this essentially puts the CNMI on the same footing as Puerto Rico. Here's the cute part:
Because the CNMI will become part of the "United States" as defined by �101(a)(38) of the INA, "residence or presence in the CNMI before 28 November 2009 shall NOT be considered residence or physical presence within the USA for INA purposes. Thus, on 29 November 2009, all persons physically present in the CNMI are considered "to be present in the United States without inspection, by operation of law."
Will these PWIs (present without inspection) be eligible to adjust status? Unclear? Are they working "abroad" for purposes of L visas? Yes, as it turns out. One thing is clear: Legal Permanent Residents (so-called "green" card holders) who wish to base a naturalization application based on physical presence in the CNMI will NOT be able to do so for pre-29 November 2009 periods of time. Isn't this esoterica fun? --jcf
More... (http://www.immigrationvisaattorneyblog.com/2010/02/the-usa-is-bigger.html)
http://www.immigrationvisaattorneyblog.com/flag_CNMI.gifAll immigration law attorneys must deal with foreign countries, unique international legal issues, and some quaint interpretations of law. The lawyers at Los Angeles' Fong & Chun are no exception, and in fact, this recent change affects some of our clients who do business in or own businesses in the Commonwealth of the Northern Mariana Islands (CNMI).
On 28 November 2008, "the United States" as defined for purposes of the Immigration & Nationality Act (INA) just got bigger, with the addition of the Commonwealth of the Northern Mariana Islands. Although there are probably wrinkles I have not yet read in the treaty, this essentially puts the CNMI on the same footing as Puerto Rico. Here's the cute part:
Because the CNMI will become part of the "United States" as defined by �101(a)(38) of the INA, "residence or presence in the CNMI before 28 November 2009 shall NOT be considered residence or physical presence within the USA for INA purposes. Thus, on 29 November 2009, all persons physically present in the CNMI are considered "to be present in the United States without inspection, by operation of law."
Will these PWIs (present without inspection) be eligible to adjust status? Unclear? Are they working "abroad" for purposes of L visas? Yes, as it turns out. One thing is clear: Legal Permanent Residents (so-called "green" card holders) who wish to base a naturalization application based on physical presence in the CNMI will NOT be able to do so for pre-29 November 2009 periods of time. Isn't this esoterica fun? --jcf
More... (http://www.immigrationvisaattorneyblog.com/2010/02/the-usa-is-bigger.html)
chicagoan
05-07 07:40 PM
I am planning on starting the renewal process when I come back in June. I'll still have about 4 months before my current H1B expires. Thanks for the suggestion though!
skolagotla
04-07 11:42 AM
Hi,
May be a dumb question, but i would like to know how to proceed from here..
I have an approved 140 and applied for 485 got by EAD and done my FP, however recently i got married and i want to know how do i add my wife to my current 485 status ??
My employer lawyer says ; 485 dates should be current to add my wife ?? is that true ??
May be a dumb question, but i would like to know how to proceed from here..
I have an approved 140 and applied for 485 got by EAD and done my FP, however recently i got married and i want to know how do i add my wife to my current 485 status ??
My employer lawyer says ; 485 dates should be current to add my wife ?? is that true ??
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