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Guest007
10-06 05:36 PM
I came in through SFO on sunday with similar situation, faced no problems. One difference is I have H1 reciept. I filed for extension 40days back
gc_lover
06-24 11:26 AM
__________________________________________________ ______
Though the principal employment-based categories are current for July, future retrogression is possible later this fiscal year, particularly if demand for immigrant visas increases substantially. Visa numbers can retrogress in the middle of a month and become unavailable without prior notice. If there is a mid-month retrogression, USCIS could elect to stop accepting adjustment applications. While this is unlikely to occur in July 2007, it becomes more and more possible as the fiscal year progresses.
__________________________________________________ ______
I found this article on
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8d3d061006d75c47852572ff00687697?OpenDocument
So, it looks like it can retrogess anytime. However, I don't think there is anything we can do to avoid retrogession. Do the best you can and file as fast as you can. No point worrying!
Though the principal employment-based categories are current for July, future retrogression is possible later this fiscal year, particularly if demand for immigrant visas increases substantially. Visa numbers can retrogress in the middle of a month and become unavailable without prior notice. If there is a mid-month retrogression, USCIS could elect to stop accepting adjustment applications. While this is unlikely to occur in July 2007, it becomes more and more possible as the fiscal year progresses.
__________________________________________________ ______
I found this article on
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8d3d061006d75c47852572ff00687697?OpenDocument
So, it looks like it can retrogess anytime. However, I don't think there is anything we can do to avoid retrogession. Do the best you can and file as fast as you can. No point worrying!
gcobsessed
10-23 02:36 PM
Employment based GC is based on intent to work for sponsoring employer or similar profession. For most of us, who are retrogressed, we would have worked with sponsoring employer already for 4 to 5 years. the main issue here is whether sufficient intent existed at the time of filing 140 and 485. after having been in 485 filed status for long, it is natural for intent to change.
so, i do not see why full time MBA with 485 pending is an issue. the laws are quite unclear, for sure.
My understanding from my lawyer is that a person's intent while filing GC should be that he will work in that position "indefinitely". So, if intent changes before the application is approved, then one might argue that the application itself should be withdrawn or is invalid.
The regulations do seem clear on what kind of work one must take up immediately after GC is approved. But, how it is enforced and the consequences of not abiding by it are open to debate. It depends on the person's risk tolerance profile to act as he chooses...who knows what will happen 5+ years from now...
so, i do not see why full time MBA with 485 pending is an issue. the laws are quite unclear, for sure.
My understanding from my lawyer is that a person's intent while filing GC should be that he will work in that position "indefinitely". So, if intent changes before the application is approved, then one might argue that the application itself should be withdrawn or is invalid.
The regulations do seem clear on what kind of work one must take up immediately after GC is approved. But, how it is enforced and the consequences of not abiding by it are open to debate. It depends on the person's risk tolerance profile to act as he chooses...who knows what will happen 5+ years from now...
harish357
03-15 12:26 AM
I believe that you need the actual diploma (you send a photocopy of it to USCIS) for getting counted in the M.S. quota. Most schools give the diploma once you have finished all requirements.
How come they cannot consider my EAD, Official transcripts, Graduate status letter?
Regarding Status letter, I have seen students applying like this and getting query later. What do you say about the students graduating in May (who files like me with OPT card and status letter) and applying for H1 in April?
How come they cannot consider my EAD, Official transcripts, Graduate status letter?
Regarding Status letter, I have seen students applying like this and getting query later. What do you say about the students graduating in May (who files like me with OPT card and status letter) and applying for H1 in April?
more...
HumHongeKamiyab
12-17 08:29 AM
If I cant find any (recommended lawyer) within Houston, I will go to him. But does he practice employment law? His website says " The practice is focused exclusively on immigration and naturalization law". I am looking for a lawyer to discus my non-compete clause.
Appreciate your response. Thank you so much.
He is based in Dallas,TX. he provided excellant service to me in my tough journey.
www.naidoolaw.com
Appreciate your response. Thank you so much.
He is based in Dallas,TX. he provided excellant service to me in my tough journey.
www.naidoolaw.com
americandesi
10-13 11:03 AM
Here's the extract from the Transcript of Oral Testimony by Bill Gates to the senate
http://www.microsoft.com/Presspass/exec/billg/speeches/2007/03-07Senate.mspx
SEN. GREGG: We also have something called a lottery system, which allows 50,000 people in the country, simply because they win a lottery, and they could be a truck driver from the Ukraine. And last year I offered an amendment, which would have taken that system and required 60 percent of those to be people with advanced degrees in order to participate in the lottery, so you'd have to be a physicist from the Ukraine before you could win the lottery. Do you think that would be a better approach maybe?
BILL GATES: Well, I don't � I'm not an expert on the various categories that exist, and I don't actually know that lottery system. I know the engineers at Microsoft, nobody comes up to me and says, "Hey, I won this lottery."
http://www.microsoft.com/Presspass/exec/billg/speeches/2007/03-07Senate.mspx
SEN. GREGG: We also have something called a lottery system, which allows 50,000 people in the country, simply because they win a lottery, and they could be a truck driver from the Ukraine. And last year I offered an amendment, which would have taken that system and required 60 percent of those to be people with advanced degrees in order to participate in the lottery, so you'd have to be a physicist from the Ukraine before you could win the lottery. Do you think that would be a better approach maybe?
BILL GATES: Well, I don't � I'm not an expert on the various categories that exist, and I don't actually know that lottery system. I know the engineers at Microsoft, nobody comes up to me and says, "Hey, I won this lottery."
more...
logiclife
05-30 03:04 PM
As of May 30, 2006, our total contributions stand at $ 137,616.10.
IV team would like to thank all the contributors who have shown a great deal of passion and commitment to this cause and helped us achieve the goal of reaching 130K by Memorial Day.
We are extremely pleased with the enthusiasm of our membership. Almost 30% of our members have contributed funds at some point.
Our contributions not only help us fund the public advocacy and professional help we receive from Quinn-Gillespie, it also represents the strength and commitment of the people who constitute this organization. The amount of funds we get is also a measure of the amount of frustration faced by nearly half a million legal high-skills immigrants who are victims of a broken system. It is also a measure of the strength and resolve of people who want to stand up to an unfair system and fight it.
We thank all our contributors for showing a firm resolve and participating in this effort.
"Always bear in mind that your own resolution to succeed is more important than any one thing."
Abraham Lincoln (1809 - 1865)
http://www.rowleycorvette.com/cards/misc0011.jpg
IV team would like to thank all the contributors who have shown a great deal of passion and commitment to this cause and helped us achieve the goal of reaching 130K by Memorial Day.
We are extremely pleased with the enthusiasm of our membership. Almost 30% of our members have contributed funds at some point.
Our contributions not only help us fund the public advocacy and professional help we receive from Quinn-Gillespie, it also represents the strength and commitment of the people who constitute this organization. The amount of funds we get is also a measure of the amount of frustration faced by nearly half a million legal high-skills immigrants who are victims of a broken system. It is also a measure of the strength and resolve of people who want to stand up to an unfair system and fight it.
We thank all our contributors for showing a firm resolve and participating in this effort.
"Always bear in mind that your own resolution to succeed is more important than any one thing."
Abraham Lincoln (1809 - 1865)
http://www.rowleycorvette.com/cards/misc0011.jpg
Maverick_2008
02-14 03:59 PM
A) 140 or 485 gets denied and you're on EAD (it means you've already given up your H-1B)
B) 140 gets denied and you're on H-1B (it means you can't use EAD and you can't even stay in this country for 3-4 months without a job on H-1B and still maintain your status)
Gurus, please correct me, if I'm wrong.
Thanks.
Maverick
Guys,
this doubt is bugging me due to recession fears.
if someone is on h1 status & have filed 485 in july 07. what happens when due to recession he/she is out of job (NO PAYROLL) for 3-4 months.
will the person have problems during 485 approval?? whats the possible negative that can happen in such god not willing situation
B) 140 gets denied and you're on H-1B (it means you can't use EAD and you can't even stay in this country for 3-4 months without a job on H-1B and still maintain your status)
Gurus, please correct me, if I'm wrong.
Thanks.
Maverick
Guys,
this doubt is bugging me due to recession fears.
if someone is on h1 status & have filed 485 in july 07. what happens when due to recession he/she is out of job (NO PAYROLL) for 3-4 months.
will the person have problems during 485 approval?? whats the possible negative that can happen in such god not willing situation
more...
Rb_newsletter
09-16 01:39 PM
Why even this discussion. there are many who no longer work for the sponsor even before getting the GC. What do you think happens if they find out? have you heard of anybody whose GC was affected?
because this will be a question when the candidate goes for citizenship. If candidate cannot convince the officer that his/her intention was to work with GC sponsor then citizenship may not be given.
because this will be a question when the candidate goes for citizenship. If candidate cannot convince the officer that his/her intention was to work with GC sponsor then citizenship may not be given.
veni001
07-06 05:30 PM
Yes, only if approved I-140 is not withdrawn or canceled before new I-140 approval.
If you are in AC21 safety net then you can recapture PD (after 180 days of 1-485 filing) even if your initial sponsoring employer withdraws his initial I-140.:o
once I-140 approved then that PD is locked for you , you can port that date with your new I-140 filing. no need to file 485 and wait for 6 months, this only for Ac-21 porting with new employer.
If you are in AC21 safety net then you can recapture PD (after 180 days of 1-485 filing) even if your initial sponsoring employer withdraws his initial I-140.:o
once I-140 approved then that PD is locked for you , you can port that date with your new I-140 filing. no need to file 485 and wait for 6 months, this only for Ac-21 porting with new employer.
more...
rangaswamy
06-25 05:07 PM
Went in on Friday to get the name change done. I will get it back on 9th July about 11 working days thought web site claimed 6-8 working days.
For 16, take a copy of what ever visa you are on.. H4/H1 etc.
Column 31 should be left blank as its a name change.
PS use new signature below photograph for new passport. Also new name should be filled in the form.
For 16, take a copy of what ever visa you are on.. H4/H1 etc.
Column 31 should be left blank as its a name change.
PS use new signature below photograph for new passport. Also new name should be filled in the form.
h1techSlave
04-09 01:41 PM
After reading "Handing the president a win on a major issue like immigration reform in the run up to the 2008 elections might be good policy, but it would be bad politics." in the Time article, I have not much hope in getting a GC in the near future.
If the Democrats agrees with the Republicans and passes any meaningful CIR, then the whole credit would go to Bush and Co. It would make the Republican campaign very easy for Bush.
If I were a Democratic Senator, I would do every thing to block any CIR from getting passed.
With the record number of H1 applications recently, we can also expect that they would put serious limitations on H1, claiming that the whole thing is misused.
Apparently, the whole thing is hugely bad for America. It is not just Indian politician who can destroy their own country, American politicians can also do a fantastic job of destroying their country.
I feel sorry for my kids, who are US citizens by birth.
Cheers,
H1techSlave
If the Democrats agrees with the Republicans and passes any meaningful CIR, then the whole credit would go to Bush and Co. It would make the Republican campaign very easy for Bush.
If I were a Democratic Senator, I would do every thing to block any CIR from getting passed.
With the record number of H1 applications recently, we can also expect that they would put serious limitations on H1, claiming that the whole thing is misused.
Apparently, the whole thing is hugely bad for America. It is not just Indian politician who can destroy their own country, American politicians can also do a fantastic job of destroying their country.
I feel sorry for my kids, who are US citizens by birth.
Cheers,
H1techSlave
more...
Blog Feeds
06-03 03:40 PM
WASHINGTON � U.S.* Citizenship and Immigration Services (USCIS) reminds individuals that they must obtain Advance Parole from USCIS before traveling abroad if they have:
been granted Temporary Protected Status (TPS);
a pending application for adjustment of status to lawful permanent resident;
a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
a pending asylum application; or
a pending application for legalization.*
To obtain Advance Parole, individuals must file Form I-131, Application for Travel Document, which is available in the Related Links section of this page.
Advance Parole is permission to reenter the United States after traveling abroad.* Advance Parole is an extraordinary measure used sparingly to allow an otherwise inadmissible individual to enter the United States due to compelling circumstances.* By law, certain individuals must apply for a travel document and have Advance Parole approved before leaving the United States.* Attempts to reenter the United States without prior authorization may have severe consequences since individuals requiring advance parole may be unable to return to the United States and their pending applications may be denied or administratively closed.*
Applicants planning travel abroad should plan ahead since applicants can anticipate processing times of about 90 days, depending on the USCIS office location.* Instructions for filing Form I-131 provide details on where to mail travel document applications and should be followed carefully to avoid delay.* For more information on Advance Parole see How Do I Get a Travel Document? (also in the Related Links)*and instructions for Form I-131.
Note:
Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission to lawful permanent resident status, even if they have obtained Advance Parole.* Aliens who have been unlawfully present in the United States for more than 180 days, but less than one year, are inadmissible for three years; those who have been unlawfully present for one year or more are inadmissible for 10 years.* Aliens who are unlawfully present, then depart the United States and subsequently reenter under a grant of parole, may still be ineligible to adjust their status.*
Individuals who have been admitted as refugees or granted asylum, including those who are applying for adjustment of status, do not need to obtain Advance Parole.** Instead, these individuals should apply for a Refugee Travel Document using Form I-131 and comply with applicable application requirements, such as biometric processing, prior to leaving the United States.*
Lawful permanent residents who obtained such status as a result of being a refugee or asylee in the United States may also apply for a Refugee Travel Document.* For more information on Refugee Travel Documents please see How Do I Get a Refugee Travel Document?
Asylum applicants, asylees and lawful permanent residents who obtained such status based on their asylum status are subject to special rules with regard to traveling outside the United States.* Such individuals are encouraged to review USCIS� Fact Sheet Traveling Outside the United States as an Asylum Applicant, an Asylee, or a Lawful Permanent Resident Who Obtained Such Status Based on Asylum Status.
Before making any plans to travel abroad, all individuals with pending applications for adjustment of status, relief under NACARA 203, or asylum are urged to consult an immigration attorney or immigration assistance organization accredited by the Board of Immigration Appeals, or by calling USCIS� Customer Service Center at 1-800-375-5283.
More... (http://ashwinsharma.com/2009/06/03/uscis-reminds-applicants-for-adjustment-of-status-asylum-legalization-and-tps-beneficiaries-to-obtain-advance-parole-before-traveling-abroad.aspx?ref=rss)
been granted Temporary Protected Status (TPS);
a pending application for adjustment of status to lawful permanent resident;
a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
a pending asylum application; or
a pending application for legalization.*
To obtain Advance Parole, individuals must file Form I-131, Application for Travel Document, which is available in the Related Links section of this page.
Advance Parole is permission to reenter the United States after traveling abroad.* Advance Parole is an extraordinary measure used sparingly to allow an otherwise inadmissible individual to enter the United States due to compelling circumstances.* By law, certain individuals must apply for a travel document and have Advance Parole approved before leaving the United States.* Attempts to reenter the United States without prior authorization may have severe consequences since individuals requiring advance parole may be unable to return to the United States and their pending applications may be denied or administratively closed.*
Applicants planning travel abroad should plan ahead since applicants can anticipate processing times of about 90 days, depending on the USCIS office location.* Instructions for filing Form I-131 provide details on where to mail travel document applications and should be followed carefully to avoid delay.* For more information on Advance Parole see How Do I Get a Travel Document? (also in the Related Links)*and instructions for Form I-131.
Note:
Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission to lawful permanent resident status, even if they have obtained Advance Parole.* Aliens who have been unlawfully present in the United States for more than 180 days, but less than one year, are inadmissible for three years; those who have been unlawfully present for one year or more are inadmissible for 10 years.* Aliens who are unlawfully present, then depart the United States and subsequently reenter under a grant of parole, may still be ineligible to adjust their status.*
Individuals who have been admitted as refugees or granted asylum, including those who are applying for adjustment of status, do not need to obtain Advance Parole.** Instead, these individuals should apply for a Refugee Travel Document using Form I-131 and comply with applicable application requirements, such as biometric processing, prior to leaving the United States.*
Lawful permanent residents who obtained such status as a result of being a refugee or asylee in the United States may also apply for a Refugee Travel Document.* For more information on Refugee Travel Documents please see How Do I Get a Refugee Travel Document?
Asylum applicants, asylees and lawful permanent residents who obtained such status based on their asylum status are subject to special rules with regard to traveling outside the United States.* Such individuals are encouraged to review USCIS� Fact Sheet Traveling Outside the United States as an Asylum Applicant, an Asylee, or a Lawful Permanent Resident Who Obtained Such Status Based on Asylum Status.
Before making any plans to travel abroad, all individuals with pending applications for adjustment of status, relief under NACARA 203, or asylum are urged to consult an immigration attorney or immigration assistance organization accredited by the Board of Immigration Appeals, or by calling USCIS� Customer Service Center at 1-800-375-5283.
More... (http://ashwinsharma.com/2009/06/03/uscis-reminds-applicants-for-adjustment-of-status-asylum-legalization-and-tps-beneficiaries-to-obtain-advance-parole-before-traveling-abroad.aspx?ref=rss)
Sunx_2004
08-15 11:56 AM
Here is the situation Mr. Pro-
I filed my 485 in July 2007 with an approved I 140, My company got aquired in Nov. 2007. They amend my H1B, Recently I come to know that they file new I 140 to indicate new company is sponser of my GC. The new I 140 is still pending.
Now, I am gettig an offer by another company and that company is ready to transfer H1B. Can I change job while my new I 140 is pending
What if they withdraw new I 140 after I leave.
One lawyer which I consulted is saying that you should be fine because your I 485 was filed with an approved I 140...
Please let me know you thoughts
Don't Worry, I have been there 3 Times. Since I my start of GC process with the currents company, It has been acquired 3 times , So I am pro in that situation :)
I filed my 485 in July 2007 with an approved I 140, My company got aquired in Nov. 2007. They amend my H1B, Recently I come to know that they file new I 140 to indicate new company is sponser of my GC. The new I 140 is still pending.
Now, I am gettig an offer by another company and that company is ready to transfer H1B. Can I change job while my new I 140 is pending
What if they withdraw new I 140 after I leave.
One lawyer which I consulted is saying that you should be fine because your I 485 was filed with an approved I 140...
Please let me know you thoughts
Don't Worry, I have been there 3 Times. Since I my start of GC process with the currents company, It has been acquired 3 times , So I am pro in that situation :)
more...
gcisadawg
09-09 11:38 PM
To reactivate your h1b you need to resenter the us using your h1b visa stamp, if you don't have an h1b visa stamp you would need to get it stamped at a consulate
No, to re-activate, all that is needed is a h1B extension or amendment petition. An I-94 would would come along with that and that would put you on H1B status again.
No, to re-activate, all that is needed is a h1B extension or amendment petition. An I-94 would would come along with that and that would put you on H1B status again.
Anil_s
07-02 06:48 AM
Hi Ari,
Thank you for the information.
How Will it affect my H1-B process
Anil
Thank you for the information.
How Will it affect my H1-B process
Anil
more...
va_dude
10-19 12:25 PM
You better get a second opinion before taking any such meds.
glus
12-18 09:13 AM
Hi Charles,
Thank you for taking the time to reply. Do you think that the appeal has any chance to succeed?
The current perm was applied for senior developer. While the appeal is pending, can my company apply for a new perm for a different position like enterprise architect?
Thanks
Dexter,
In addition to what the attorney wrote, PERM appeals take forever. So the best would be to re-apply for a new PERM.
Thank you for taking the time to reply. Do you think that the appeal has any chance to succeed?
The current perm was applied for senior developer. While the appeal is pending, can my company apply for a new perm for a different position like enterprise architect?
Thanks
Dexter,
In addition to what the attorney wrote, PERM appeals take forever. So the best would be to re-apply for a new PERM.
viper673
06-16 08:05 PM
The 180 days AC-21 rule only applies if your I-140 has been approved.
If you only have a receipt notice, then you don't have the option to invoke the AC-21.
Lay low...
If you only have a receipt notice, then you don't have the option to invoke the AC-21.
Lay low...
jungalee43
03-05 11:47 AM
Our friend from AL: - "interested in SAVE act". He wants to see it move in House.
Looks like there would be some debate. This way or that.
All the talk about Illegals. So nothing that they discuss apply to us. Though I missed something, they are not saying a word against us.
Looks like there would be some debate. This way or that.
All the talk about Illegals. So nothing that they discuss apply to us. Though I missed something, they are not saying a word against us.
overhere
07-19 05:26 AM
My lawyer sent me the fedex tracking sheet for the I-485 package sent to:
USCIS
Nebraska Service Center
850 S Street
Lincoln, NE 68508
I did not see any PO Box on the Fedex tracking sheet. I am not sure if she put the PO Box on the shipping label or not??
Is it a big deal?? Will my application be accepted.
Please help
po box is for usps delivery only. fedex doesn't delivery mails addressed to po box.
USCIS
Nebraska Service Center
850 S Street
Lincoln, NE 68508
I did not see any PO Box on the Fedex tracking sheet. I am not sure if she put the PO Box on the shipping label or not??
Is it a big deal?? Will my application be accepted.
Please help
po box is for usps delivery only. fedex doesn't delivery mails addressed to po box.
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