X-Wing
05-15 04:33 PM
To Bindas74,
Did the e-file process ask you to pay the biometric fee? I ask because my attorney informed me this afternoon that I do not need to pay a biometric fee, or send in a G-325A form, when sending in my EAD/AP renewal. Do please let me know if this is not the case.
On the Advance Parole justification, I would put in a note stating that I maintain close ties with my family in <country here> and travel frequently to see them. Additionally, state that you wish to travel abroad on vacation on multiple occasions through the year, and request them to grant you an Advance Parole for these reasons. This document request seems to be in lieu of the covering letter that's usually sent with an AP request. I'm sure they don't need you to send them ticket receipts.
Thanks,
Did the e-file process ask you to pay the biometric fee? I ask because my attorney informed me this afternoon that I do not need to pay a biometric fee, or send in a G-325A form, when sending in my EAD/AP renewal. Do please let me know if this is not the case.
On the Advance Parole justification, I would put in a note stating that I maintain close ties with my family in <country here> and travel frequently to see them. Additionally, state that you wish to travel abroad on vacation on multiple occasions through the year, and request them to grant you an Advance Parole for these reasons. This document request seems to be in lieu of the covering letter that's usually sent with an AP request. I'm sure they don't need you to send them ticket receipts.
Thanks,
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BharatPremi
09-08 05:51 PM
Sad, No pun intended but USCIS is reciprocating the blunder what you made (Applying for US GC):rolleyes:
smiledentist
10-25 03:40 PM
Thanks, I am not sure if it applies to only H1 or even to I 140.
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sargon
01-26 12:09 PM
Who deleted it?
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cygent
04-16 04:18 PM
Hi Sara,
Could you please post you case details & PD?
This is my first post here but I am silent reader for past two years. I got my GC approved couple of weeks ago. A week before that,
Could you please post you case details & PD?
This is my first post here but I am silent reader for past two years. I got my GC approved couple of weeks ago. A week before that,
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AB1275
12-19 04:08 PM
Hello friends....
I just spoke to my lawyer....she said I could file an MTR first since its response is faster.
In the MTR she will state that W-2 can be received only in Jan and hence we will submit the evidence in January 2009. She thinks with the W-2 being in line with prevailing wage rate, it should be an open and shut case. So technically we are filing an MTR without new evidence but mentioning that there will be new evidence.
I counter argued that they can deny saying u should have submitted paystubs - why wait for W-2. She said yes they can said that but we did not submit paystubs and we can then appeal.
I discussed with her that will i be given an option of Appeal if this MTR is denied. She said yes and if they dont we can go to court...They cannot deny the right to appeal an MTR. Is this true?
Your input on this please!!!!
I just spoke to my lawyer....she said I could file an MTR first since its response is faster.
In the MTR she will state that W-2 can be received only in Jan and hence we will submit the evidence in January 2009. She thinks with the W-2 being in line with prevailing wage rate, it should be an open and shut case. So technically we are filing an MTR without new evidence but mentioning that there will be new evidence.
I counter argued that they can deny saying u should have submitted paystubs - why wait for W-2. She said yes they can said that but we did not submit paystubs and we can then appeal.
I discussed with her that will i be given an option of Appeal if this MTR is denied. She said yes and if they dont we can go to court...They cannot deny the right to appeal an MTR. Is this true?
Your input on this please!!!!
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bodhi_tree
12-15 11:20 AM
I think I'll try to find a knowledgeable lawyer who's not too snooty. Someone better than my current company's lawyer who happens to think all information to me should be provided only on a need to know basis..I am in Cincinnati Ohio so please recommend if you know any good names..
I also have an approved I140 with my current company ....can it be used to get a 3 year term when the H1 is transferred ? I still have about 2 years left on my original 6 year term..Thankyou
I also have an approved I140 with my current company ....can it be used to get a 3 year term when the H1 is transferred ? I still have about 2 years left on my original 6 year term..Thankyou
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eucalyptus.mp
02-17 08:46 PM
Do I need recent salary slips for transfer ?
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AK_GC
01-21 05:09 PM
We travelled to India and Canada on AP. Didn't get questioned while entering from India but from Canada, they asked us why we went and when we mentioned 'vacation', they advised us to not use our parole for such cases...I guess going to the home country should not pose any issues.
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maresco10
04-17 12:24 PM
Your story does not look credible to me.
Why are you working for an illegal. How did you get your I140 approved working for such an employer? Are you an anti immigrant trying to get members tell you some illegal ways.
You cannot get your Labor or I140 approved via a phoney employer. All these are legal processes and lot of checks happen. I find something wrong in your story.
If you still feel it is credible, then with such problems, you need a legal advice not a forum advice.
Maybe there is a confusion, what I think it is illegal is the contract, the employer is legal, that is way I obtained the visa and the I140.
Why are you working for an illegal. How did you get your I140 approved working for such an employer? Are you an anti immigrant trying to get members tell you some illegal ways.
You cannot get your Labor or I140 approved via a phoney employer. All these are legal processes and lot of checks happen. I find something wrong in your story.
If you still feel it is credible, then with such problems, you need a legal advice not a forum advice.
Maybe there is a confusion, what I think it is illegal is the contract, the employer is legal, that is way I obtained the visa and the I140.
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lfadgyas
05-20 09:15 PM
I�m not a lawyer or attorney or anything official
-So you ended up in the US as a intercompany transfer on L1B and you are working for �A�. Probably you started to work for �A� around 1999 summer.
-L1b is expiring on Aug 29, 2001, but few days before they submit an extension, but there is no approval just some RFEs;
I assume you kept working after Aug 29, 2001 for the same company �A� still here in the US.
-After a year you applied for H1-B with company �B� on August 20, 2002 which is approved on Sep 2002 and you travel back home to have the visa stamped and you came back to the US and started working for �B� (on June 2003).
-Later you transferred your H1B and started to work for company �C� which is your current emp. Company �C� started your labor/gc process and you were able to file your case during the 2007 visa fiasco (when all categories were �current� for July or so ).
I believe that from Aug 29, 2001 till Sep 2002 (or till the date you left the country - but this does not really count for now I think) you were working with no USCIS authorization.
Based on the dates this is more than one year � there is some bar for this 3 or 10 years � that is the time you cannot reenter or apply for new visas etc. I guess . Your lawyer (any) should know this better.
Even if you applied for H1b afterward� and that process went ok - probably by this time they realized that there was an unauthorized employment before� I do not know that a correctly field H1 and later and approved LC and filed I485 can "cancel out" such a thing. Probably not.
This is definitely a �lawyer� case . You might would be able to show and prove that you unintentionally ended up with this gray period with your first employer (this would be hard though) and ever since you followed the immigration law. From your stand point (unfortunately this will be not the USCIS�s one ) you are here legally since 2003 June. This is already 7 years. You might can file for some relief - based on extra hardship or something - I do not know this side .
If this unauthorized employment issue is true then consult about the real chances you might have with a lawyer who knows this pretty well...
Good luck
-So you ended up in the US as a intercompany transfer on L1B and you are working for �A�. Probably you started to work for �A� around 1999 summer.
-L1b is expiring on Aug 29, 2001, but few days before they submit an extension, but there is no approval just some RFEs;
I assume you kept working after Aug 29, 2001 for the same company �A� still here in the US.
-After a year you applied for H1-B with company �B� on August 20, 2002 which is approved on Sep 2002 and you travel back home to have the visa stamped and you came back to the US and started working for �B� (on June 2003).
-Later you transferred your H1B and started to work for company �C� which is your current emp. Company �C� started your labor/gc process and you were able to file your case during the 2007 visa fiasco (when all categories were �current� for July or so ).
I believe that from Aug 29, 2001 till Sep 2002 (or till the date you left the country - but this does not really count for now I think) you were working with no USCIS authorization.
Based on the dates this is more than one year � there is some bar for this 3 or 10 years � that is the time you cannot reenter or apply for new visas etc. I guess . Your lawyer (any) should know this better.
Even if you applied for H1b afterward� and that process went ok - probably by this time they realized that there was an unauthorized employment before� I do not know that a correctly field H1 and later and approved LC and filed I485 can "cancel out" such a thing. Probably not.
This is definitely a �lawyer� case . You might would be able to show and prove that you unintentionally ended up with this gray period with your first employer (this would be hard though) and ever since you followed the immigration law. From your stand point (unfortunately this will be not the USCIS�s one ) you are here legally since 2003 June. This is already 7 years. You might can file for some relief - based on extra hardship or something - I do not know this side .
If this unauthorized employment issue is true then consult about the real chances you might have with a lawyer who knows this pretty well...
Good luck
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gcformeornot
08-10 11:03 AM
Hello All
My employer paid me for my 485 application,he gave me his personal checks in the name of uscis, i applied with those checks, now i hear that
"The Address Printed On your checks Must Match the adress given in work sheets[in 485]"
I am confused,will they accept the application,checks are not cashed yet,applied on july18th
Please Help
if employer or Lawyers are issuing check then how this will happen.(unless your employer, lawyer and you live in same address):)
My employer paid me for my 485 application,he gave me his personal checks in the name of uscis, i applied with those checks, now i hear that
"The Address Printed On your checks Must Match the adress given in work sheets[in 485]"
I am confused,will they accept the application,checks are not cashed yet,applied on july18th
Please Help
if employer or Lawyers are issuing check then how this will happen.(unless your employer, lawyer and you live in same address):)
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Sage_of_Fire
01-23 08:00 PM
Please add "Click to place the black hole." to mine.
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zCool
04-03 01:30 PM
In that case, just do the best you can,
This type of issue used to be answered and helped by unitednations
In fact he was a miracle worker when it came to A2P. I haven't come across posting from him in a quite a while but do check archives from IV and immigrationportal. You need someone of his knowledgebase
This type of issue used to be answered and helped by unitednations
In fact he was a miracle worker when it came to A2P. I haven't come across posting from him in a quite a while but do check archives from IV and immigrationportal. You need someone of his knowledgebase
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transpass
07-30 12:37 AM
This particular EB1 gc aspirant has been waiting for his gc even after 2-3 years of his PD becoming current. He don't want EB1 applications to be subjected to the processing times set for EB2/EB3 etc.
His point is, it does not make sense to wait 2-3 years for a GC once his date is current.
I don't think that was what he was implying. He was saying EB1s are lumped with other categories for adjudication purposes. I don't think that's the way CIS handles EB1. If he had waited for 2-3 yrs., his case might be an outlier, but I know several people with EB1 have gotten their GCs within few months of filing...Moreover, it does not have several steps like labor, etc. and it's anyway shorter time frame than other categories, and it's pretty much current all the time...
His point is, it does not make sense to wait 2-3 years for a GC once his date is current.
I don't think that was what he was implying. He was saying EB1s are lumped with other categories for adjudication purposes. I don't think that's the way CIS handles EB1. If he had waited for 2-3 yrs., his case might be an outlier, but I know several people with EB1 have gotten their GCs within few months of filing...Moreover, it does not have several steps like labor, etc. and it's anyway shorter time frame than other categories, and it's pretty much current all the time...
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GCNOMAD
03-07 01:58 PM
Just a quick comment on S4165504 reply based on my experiences that I posted before on the same thread.
The airport immigration counter or the CPB offices can correct only the mistakes from their side, and that too only within 2 or 3 days. But for cases where the I-94 expired, they dont consider it as a mistake on their side and immediately ask you to leave.
In fact, for my case when I called the LA airport immigration counter office, they adviced me that I can only go to the CPB office in downtown for any corrections and cannot come to the airport office.
Regards
The airport immigration counter or the CPB offices can correct only the mistakes from their side, and that too only within 2 or 3 days. But for cases where the I-94 expired, they dont consider it as a mistake on their side and immediately ask you to leave.
In fact, for my case when I called the LA airport immigration counter office, they adviced me that I can only go to the CPB office in downtown for any corrections and cannot come to the airport office.
Regards
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rimzhim
06-08 12:17 AM
Any idea what's in store for the future...
well the status quo isn't that bad, is it? Gradually, retrogression will reduce. Now that there is no labor sub, there will be roughly a FIFO system. Plus, no increase in H1B should help the future --- as far as retorgression is concerned. another big plus is that current H1B system is intact. This bill would have driven thousands out of H1B status.
So I say: CIR, RUST in PEACE.
well the status quo isn't that bad, is it? Gradually, retrogression will reduce. Now that there is no labor sub, there will be roughly a FIFO system. Plus, no increase in H1B should help the future --- as far as retorgression is concerned. another big plus is that current H1B system is intact. This bill would have driven thousands out of H1B status.
So I say: CIR, RUST in PEACE.
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nixstor
09-17 11:55 AM
I agree with the confusion part of your post. How ever, the timing should be good for a name change and I am sure atleast it will have some people say "hey, look these guys are waiting in line". But if 100 out of 100 people here are because of issues being faced by EB issues, I dont see anything wrong in associating ourselves to that cause. In fact, if any one comes to the website and reads for a minute its crystal clear that we are trying to alleviate the situation for EB applicants. In the visa bulletin, I see EB and FB categories. Am I missing some categories in Legal Immigration? (excluding getting enlisted)
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regacct
11-24 09:17 AM
Also the reason why Dream act is ahead of skilled immigration relief. Its all about votes !!!!
"Its all about votes" only comes after - my point was that the unity the latino community projects is the driving force.
"Its all about votes" only comes after - my point was that the unity the latino community projects is the driving force.
amitjoey
05-28 12:27 PM
Greatly apprecite if anyone can give their inputs...
I have PD with dec 2006 and 140 approved. Filed 485 in July 2007. For october 2008 I will be done with 4 years of H1b. I am single and I may not get married untill later 2009 due to some family responsibalities. I am kind of concered about 485 getting approval by then which might jeoperdise my spouse visa later. Based on the present processing speed, mine might take minmum 2 years. But bit concerend what if USCICS make a mistake in processing 485 in terms of picking 485 from a later date and approving it?
So my query is...
1. If I now withdraw my 485 and later change company. SHould I again get a new labor and i140 approved with new company to file for 485.( Here I understand I can port my PD.).
Any inputs will be greatly apprecited....
PD With DEC 2006: IF you are from a retrogressed country, unless there is any overhaul in the precent process, or new visas added by way of new laws, you are looking at atleast 3 years of wait. Why would you want to withdraw it right now, wait for another 2-1/2 years. If suddenly you notice the dates jumping, then you can decide to withdraw.
In the meantime, get 3 years extension on your H1, based on approved I140.
Check w/lawyer.
I have PD with dec 2006 and 140 approved. Filed 485 in July 2007. For october 2008 I will be done with 4 years of H1b. I am single and I may not get married untill later 2009 due to some family responsibalities. I am kind of concered about 485 getting approval by then which might jeoperdise my spouse visa later. Based on the present processing speed, mine might take minmum 2 years. But bit concerend what if USCICS make a mistake in processing 485 in terms of picking 485 from a later date and approving it?
So my query is...
1. If I now withdraw my 485 and later change company. SHould I again get a new labor and i140 approved with new company to file for 485.( Here I understand I can port my PD.).
Any inputs will be greatly apprecited....
PD With DEC 2006: IF you are from a retrogressed country, unless there is any overhaul in the precent process, or new visas added by way of new laws, you are looking at atleast 3 years of wait. Why would you want to withdraw it right now, wait for another 2-1/2 years. If suddenly you notice the dates jumping, then you can decide to withdraw.
In the meantime, get 3 years extension on your H1, based on approved I140.
Check w/lawyer.
sanam9696
07-20 07:16 PM
Thanks everyone for replying.
However, the opinions seems to be conflicting. Is there a place where I can verify precisely what the law says?
I have not stayed outside the US for more than 3 months since 2002. Does this exempt me from the cap?
I need to be sure, otherwise, I would have to apply for a H1-B right now with a consultant who is ready to sponsor me.
I'm quite reluctant to do this because the work involved with the consultant is not in my field and does not allow for good long term prospects. Plus there might be contractual obligations.
Please advice.
Thanks very much,
Sick with worry.
Few months back I had a talk with a immigration lawyer retained by my school and he informed me that H1-F1-H1 is not part of the quota..even I was under the same impression as you..but lawyer firmly confirmed the above fact...so u r pretty safe..
However, the opinions seems to be conflicting. Is there a place where I can verify precisely what the law says?
I have not stayed outside the US for more than 3 months since 2002. Does this exempt me from the cap?
I need to be sure, otherwise, I would have to apply for a H1-B right now with a consultant who is ready to sponsor me.
I'm quite reluctant to do this because the work involved with the consultant is not in my field and does not allow for good long term prospects. Plus there might be contractual obligations.
Please advice.
Thanks very much,
Sick with worry.
Few months back I had a talk with a immigration lawyer retained by my school and he informed me that H1-F1-H1 is not part of the quota..even I was under the same impression as you..but lawyer firmly confirmed the above fact...so u r pretty safe..
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