supers789
09-18 08:06 PM
as far as previous employer has not revolved / canceled i140, and Priority date for i140 is backlogged, you can get 3 yr extension on h1b using previous employer's i140. if any of these does not satisfy, you do not get 3 yr ext. using old company i140.
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lecter
December 21st, 2007, 06:35 AM
Interesting post.
the new 5D will eat everything that currently exists I am guessing (Apart from my 1Ds3.. hehe)
Rob
the new 5D will eat everything that currently exists I am guessing (Apart from my 1Ds3.. hehe)
Rob
lostinbeta
09-07 01:11 PM
Haha, thanks Hojo:)
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lazycis
02-14 04:48 PM
Violation of regulations is also affirmative misconduct.
Here is an extract from my brief
8 CFR � 103.2(b)(18), titled �Withholding adjudication�:
�A district director may authorize withholding adjudication of a visa petition or other application if the district director determines that an investigation has been undertaken involving a matter relating to eligibility or the exercise of discretion, where applicable, in connection with the application or petition, and that the disclosure of information to the applicant or petitioner in connection with the adjudication of the application or petition would prejudice the ongoing investigation.
If an investigation has been undertaken and has not been completed within one year of its inception, the district director shall review the matter and determine whether adjudication of the petition or application should be held in abeyance for six months or until the investigation is completed, whichever comes sooner. If, after six months of the district director�s determination, the investigation has not been completed, the matter shall be reviewed again by the district director and, if he/she concludes that more time is needed to complete the investigation, adjudication may be held in abeyance for up to another six months. If the investigation is not completed at the end of that time, the matter shall be referred to the regional commissioner, who may authorize that adjudication be held in abeyance for another six months. Thereafter, if the Associate Commissioner, Examinations, with the concurrence of the Associate Commissioner, Enforcement, determines it is necessary to continue to withhold adjudication pending completion of the investigation, he/she shall review that determination every six months.�
The legal alien�s application has been pending for over 2.5 years at the time of filing his complaint with the District Court. So, according to the requirements of 8 CFR � 103.2(b)(18), his application should have been reviewed twice by the USCIS district director (at 1 and 1.5 year marks), once by the USCIS regional commissioner (at 2 year mark) and once by the Associate Commissioner, Examinations, with the concurrence of the Associate Commissioner, Enforcement. There is no evidence on record that these procedures have been followed. Therefore, the USCIS have violated the Federal regulations and �unlawfully withheld� adjudication of the legal alien�s application. Furthermore, 8 CFR � 103.2(b)(18) is not part of the Subchapter II of the Chapter 12 of the INA, therefore jurisdictional bar of � 242(a)(2)(B)(ii) does not preclude review of the withholding of adjudication.
Here is an extract from my brief
8 CFR � 103.2(b)(18), titled �Withholding adjudication�:
�A district director may authorize withholding adjudication of a visa petition or other application if the district director determines that an investigation has been undertaken involving a matter relating to eligibility or the exercise of discretion, where applicable, in connection with the application or petition, and that the disclosure of information to the applicant or petitioner in connection with the adjudication of the application or petition would prejudice the ongoing investigation.
If an investigation has been undertaken and has not been completed within one year of its inception, the district director shall review the matter and determine whether adjudication of the petition or application should be held in abeyance for six months or until the investigation is completed, whichever comes sooner. If, after six months of the district director�s determination, the investigation has not been completed, the matter shall be reviewed again by the district director and, if he/she concludes that more time is needed to complete the investigation, adjudication may be held in abeyance for up to another six months. If the investigation is not completed at the end of that time, the matter shall be referred to the regional commissioner, who may authorize that adjudication be held in abeyance for another six months. Thereafter, if the Associate Commissioner, Examinations, with the concurrence of the Associate Commissioner, Enforcement, determines it is necessary to continue to withhold adjudication pending completion of the investigation, he/she shall review that determination every six months.�
The legal alien�s application has been pending for over 2.5 years at the time of filing his complaint with the District Court. So, according to the requirements of 8 CFR � 103.2(b)(18), his application should have been reviewed twice by the USCIS district director (at 1 and 1.5 year marks), once by the USCIS regional commissioner (at 2 year mark) and once by the Associate Commissioner, Examinations, with the concurrence of the Associate Commissioner, Enforcement. There is no evidence on record that these procedures have been followed. Therefore, the USCIS have violated the Federal regulations and �unlawfully withheld� adjudication of the legal alien�s application. Furthermore, 8 CFR � 103.2(b)(18) is not part of the Subchapter II of the Chapter 12 of the INA, therefore jurisdictional bar of � 242(a)(2)(B)(ii) does not preclude review of the withholding of adjudication.
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chanduv23
11-09 08:16 AM
Did someone say beer? If you guys will bring in chips and salsa, I will get beer. Let me know if you decide for 7ish on Friday. Will be there.
Cheers,
Cool - lets have a theme for the party and we can all wear clothes based on that theme. How about ramayana?
Obama - Rama
Michelle - Sita
Sasha and malia - lava and kusa
biden - lakshmana
one of us will be ravana, kumbakarna .....
with beer chips and salsa - I would also recommend shish kebabs with spicy chutney and offocurse onion and mirchi bhajjis
and some champagne - because they may make an announcement "Best costume winners will get a green card"
Cheers,
Cool - lets have a theme for the party and we can all wear clothes based on that theme. How about ramayana?
Obama - Rama
Michelle - Sita
Sasha and malia - lava and kusa
biden - lakshmana
one of us will be ravana, kumbakarna .....
with beer chips and salsa - I would also recommend shish kebabs with spicy chutney and offocurse onion and mirchi bhajjis
and some champagne - because they may make an announcement "Best costume winners will get a green card"
krchowdary
01-18 03:17 PM
we are all once H1b holders
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dpp
10-18 01:13 PM
He Leo. You are great. Thanks a lot. It appears that they have my fp when I applied previosly for security clearnace. or Port of Entry.
Thanks
REQUIRE_GC
When they do FP, they tries to match with criminal database. Why do they want to match to the Port of entry or Security clearance database and give RED color warning. I think it is something you need to work with your attorney. Even in Name check, they tries to match with Criminal first, middle or last names and if match found, they do some investigation on your case. Same logic goes with FP. They won't match with good records, but they tries to search in bad records. It is simple common sense. Nothing to panic, but check with your attorney.
Thanks
REQUIRE_GC
When they do FP, they tries to match with criminal database. Why do they want to match to the Port of entry or Security clearance database and give RED color warning. I think it is something you need to work with your attorney. Even in Name check, they tries to match with Criminal first, middle or last names and if match found, they do some investigation on your case. Same logic goes with FP. They won't match with good records, but they tries to search in bad records. It is simple common sense. Nothing to panic, but check with your attorney.
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GCVivek
01-28 05:57 PM
Best is to be open about everything. PERM does not depend much on hiding facts to get approved. Ultimately, with newer checks in place, DOL or USCIS can easily find out. Best is to find out if employer needs EB2 person and can pay enough according to SOC code. Based on your qualifications and the above 2 items, you can ask employer to change your title to satisfy requirements for EB2 classification. This way everything is legal and in the open. Once you apply, no stress.....just enjoy life while you wait for GC. :)
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desi_scorpion
08-10 12:01 PM
Called the NSC on wed and today....and was told that I need to wait 90 days from the date of submitting the 485 to receive a receipt number. Expecting something similar in todays update.....thats a pretty long wait.
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mytv
08-17 11:59 AM
See as my H4 was getting over on Aug 1st and i was turning 21 .AS you all know once we complete 21 yrs we are no more dependent .so i applied my f1 in april and it got approved in aug. My dad got his 1-140 approved 7 months ago and he applied our all's i-485 on july 2nd 2007. so i just wanna know is there any problem ?will i get my green card??
plz help me
lawyers saw it is not a problem .But all know how lawyers are...
plz help me
lawyers saw it is not a problem .But all know how lawyers are...
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sledge_hammer
07-03 02:38 PM
Anyone here that can answer my questions?
Thanks!
Thanks!
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sunny02
08-18 01:35 PM
Hi Everyone,
Have a question
My wife came to USA on H4 (2007), we have applied for H1 this year(2008)and is it approved (we did not received the petition yet). She has to travel back to india for a month from (Sep 08 - Mid Oct08). I am concerned about the issues/status when she enters back in USA. Her H4 is valid till Sep-2009.
1) Can she go back on H4 visa and return back with the same H4 visa. Will she be having any issues at the Immigartion officer at port of entry. If so, what type of questions she has to face?
2)After coming back, will her H1 have any issues ?
What would be the best thing to do .. I am really worried about this status issues.
Can any one of you pls let me know how to face this .
Have a question
My wife came to USA on H4 (2007), we have applied for H1 this year(2008)and is it approved (we did not received the petition yet). She has to travel back to india for a month from (Sep 08 - Mid Oct08). I am concerned about the issues/status when she enters back in USA. Her H4 is valid till Sep-2009.
1) Can she go back on H4 visa and return back with the same H4 visa. Will she be having any issues at the Immigartion officer at port of entry. If so, what type of questions she has to face?
2)After coming back, will her H1 have any issues ?
What would be the best thing to do .. I am really worried about this status issues.
Can any one of you pls let me know how to face this .
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delhis_007
06-05 11:32 AM
Sasan,
My PD is Jan 04. EB2 India. 140/485 filed in July 04. 140 approved Mar 05. Any comments?
What is your PD and category?
My PD is Jan 04. EB2 India. 140/485 filed in July 04. 140 approved Mar 05. Any comments?
What is your PD and category?
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anujcb
06-04 05:59 PM
I guess its time for us to dust off the good 'ol case status scanner from the shelf and start scanning starting from June 1. I remeber there was a website which used to do this, type in the last some digits of the wac/lin number and it will say the status. Do any of you guys knoew the website?
Also please update the thread if anyone got the receipt notices for june filing, i know its a little too early even for peope who have file on june 1
Do any of you know which service center the lawyer will be applying to if the benefeciary is in california? is it still CSE or did it changed to NSE?
Thanks..
Also please update the thread if anyone got the receipt notices for june filing, i know its a little too early even for peope who have file on june 1
Do any of you know which service center the lawyer will be applying to if the benefeciary is in california? is it still CSE or did it changed to NSE?
Thanks..
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ken
04-08 03:25 PM
Is there anyone who is in similar situation?..
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dicarol18
07-26 02:10 PM
I got the Receipt Notice for the 140...I sent my 140-485-765 on June 30, reached Nebraska on July 2...my file was sent to Texas and July 12 they sent the Receipt Notice for the 140 ...I hope that after they changed the visa bulletin on July 17, I will receive the rest of the Receipts...
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waiting4gc
07-18 03:06 PM
As long as you file I 140 as soon as your labor is approved. Spouse has nothing to do with application till it hits the 485 stage so you can file your 485 later.
Make sure you file your 140 in the regular channels and it should take some time to get approved.
Even if you decide to change jobs, after 140 is approved, the priority date is yours. So if you have a copy of the approved I 140 when you change jobs, you have to start the process all over again but by submitting the approved I 140 from previous company, you can maintain the priority date.
Hello guys,
First of all thank you very much for your answers in advance.
I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.
I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.
I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.
So, here are my questions:
Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?
I am not planning to change my job. So, would my I-140 have an expiration date?
Do you have any other suggestions? Thank you!
Make sure you file your 140 in the regular channels and it should take some time to get approved.
Even if you decide to change jobs, after 140 is approved, the priority date is yours. So if you have a copy of the approved I 140 when you change jobs, you have to start the process all over again but by submitting the approved I 140 from previous company, you can maintain the priority date.
Hello guys,
First of all thank you very much for your answers in advance.
I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.
I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.
I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.
So, here are my questions:
Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?
I am not planning to change my job. So, would my I-140 have an expiration date?
Do you have any other suggestions? Thank you!
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rbharol
08-23 04:50 PM
Oh yeah, we are seasoned with US immigration oil to look anything thrown to us in a positive manner.
be positive, be optimistic and things will happen on its due course. By that time you will be eligible to become sanyasi as you would have mastered the skills of patience and looking at +ve on -ves.
hmm no shootings now... I am venting my frustrations. You too can do.
Look at the positive in your post too. People goto Himalayas to become Sanyasi.
We are learning the virtue of patience here itself... ;) :D :cool:
be positive, be optimistic and things will happen on its due course. By that time you will be eligible to become sanyasi as you would have mastered the skills of patience and looking at +ve on -ves.
hmm no shootings now... I am venting my frustrations. You too can do.
Look at the positive in your post too. People goto Himalayas to become Sanyasi.
We are learning the virtue of patience here itself... ;) :D :cool:
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mikemeyers
11-07 04:34 PM
if possible try to complete the course or take CPT ...As of now you are in legal status only but if you dont complete your course..you may have some tough questions to answer when you go for visa stamping.. also try to search in murthy..you will have lot more information.
good luck!!!
Thank you for the response, the course is very expensive and I dont have that much money. Its an MBA course and I am in software field there wont be any justifiable CPT I guess..Also, there was an RFE generated during H-1 processing asking for my status in between times. I sent I-20 to the INS and then only my H1 was approved.
What kind of tough questions you think they can ask?? I am very new to all these and do not have much knowlege but only thing i did is try to maintain status legally..is there anything wrong that I did??
good luck!!!
Thank you for the response, the course is very expensive and I dont have that much money. Its an MBA course and I am in software field there wont be any justifiable CPT I guess..Also, there was an RFE generated during H-1 processing asking for my status in between times. I sent I-20 to the INS and then only my H1 was approved.
What kind of tough questions you think they can ask?? I am very new to all these and do not have much knowlege but only thing i did is try to maintain status legally..is there anything wrong that I did??
ImmiRam
09-13 02:39 PM
You can always fight....so long u have cash to burn.
I am talking about Class Action Lawsuites (not sure if it applies to Fefderal agencies).
btw, I dont get why I am already 'infamous' :)
I am talking about Class Action Lawsuites (not sure if it applies to Fefderal agencies).
btw, I dont get why I am already 'infamous' :)
starving_dog
07-03 10:19 AM
No, a Canadian citizen cannot work in the US without a Visa. The options available are TN (Treaty Nafta) visa and H1-B for the average skilled worker. We (Canadians) are in the same boat with the Indians, Chinese, etc. awaiting our priority dates to become current. Mine is 01/11/02 so I have some hope that it will become current in the next year. Until then, I have to pay a premium for property taxes (no homestead exemption) on Florida's east coast.
Hopefully (wishful thinking here) CIR will move forward in the House. At the very least I would like to see family members exempt from the EB Visa count.
Cheers.
Hopefully (wishful thinking here) CIR will move forward in the House. At the very least I would like to see family members exempt from the EB Visa count.
Cheers.
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