CHHAYA
11-17 07:44 AM
I HAVE H1 APPROVED TILL 04/10 BUT I ENTERED USA USING AP THIS YEAR SO MY UNDERSTANDING IS THAT I AM ON EAD NOW WITH SPONSORING EMPLOYER. I AM ASLO DOING PARTIME JOB IN OTHER FIELD ON EAD SINCE 01/08. NOW IF I GET FULL TIME JOB WITH OTHER EMPLOYER (other field)AND IF I WORK LESS HOURS (means I get under pay than showed in labor) WITH SPONSORING EMPLOYER, WILL I BE IN TROUBLE? Please give me right way.
PD - 05/03 EB3-I
CAN SOME ONE REPLY TO THIS PLEASE.
PD - 05/03 EB3-I
CAN SOME ONE REPLY TO THIS PLEASE.
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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:
dxldad
05-18 11:50 AM
I did not have my I-140 notice, so I emailed my attorney and he replied with a copy of the I-140 which had the priority date.
2011 Justin Bieber: Never Say Never
karsanbhai
02-19 09:19 AM
I have been trying to go thru various threads in this sub-forum. I have few questions, which I will appreciate if anyone can answer:
1. Are you responsible for invoking the AC21 or the new company that hires you does that?
2. Will you be hired into new company using EAD or H1B?
3. Does H1B need to be transferred to the new company anyways?
4. If wife has started using her EAD, how does that get affected?
5. Can you continue to use the AP issued or do you have to have a new AP re-issued?
Thanks
Karsan
------------
Status (Notice Approval Dates):
- AP (11/2007),
- FP & EAD (10/2007),
- I-485 (9/2007),
- I-140 (6/2007)
1. Are you responsible for invoking the AC21 or the new company that hires you does that?
2. Will you be hired into new company using EAD or H1B?
3. Does H1B need to be transferred to the new company anyways?
4. If wife has started using her EAD, how does that get affected?
5. Can you continue to use the AP issued or do you have to have a new AP re-issued?
Thanks
Karsan
------------
Status (Notice Approval Dates):
- AP (11/2007),
- FP & EAD (10/2007),
- I-485 (9/2007),
- I-140 (6/2007)
more...
jsb
11-13 12:54 PM
I was employed by company A until from 2004 thru May'07 with labor and I140 approved in 2006, I was laid off from Company A in May'07 therefore I joined company B in June (transfered my H1).
In July , Company A agreed to file my I485 under future employment as all the EB catagories became current but I still work for company B (H1 with company B), now since in Jan'08 it will be past 180 days on my 485 application.
Can I file AC21 to change my employer to Company B and continue my I485 through to Company B?
Answer is Yes. Company B should be prepared to confirm that they have a job (same/similar as in original LC) which they will offer you on permanent basis upon your getting GC. Note that current job with B is on H1 (means it is not permanent).
In July , Company A agreed to file my I485 under future employment as all the EB catagories became current but I still work for company B (H1 with company B), now since in Jan'08 it will be past 180 days on my 485 application.
Can I file AC21 to change my employer to Company B and continue my I485 through to Company B?
Answer is Yes. Company B should be prepared to confirm that they have a job (same/similar as in original LC) which they will offer you on permanent basis upon your getting GC. Note that current job with B is on H1 (means it is not permanent).
maheshf
08-15 04:35 PM
I will be travelling outside US using AP by end of this month. I don not have valid stamped visa. Recently small part of my old company (A)got acquired by new company and my job was moved to new company (B)
Lawyer at company B applied for New H1 in May 2008 ( old is still valid till 2009)�but haven�t received approved 797 notice yet.
Can I travel outside US and comeback without haveing approved new 797 notice. I do have EAD and old 797.
Any issues ? I don�t want to abandon my H1 status.
Gurus please advise.
Thanks
Lawyer at company B applied for New H1 in May 2008 ( old is still valid till 2009)�but haven�t received approved 797 notice yet.
Can I travel outside US and comeback without haveing approved new 797 notice. I do have EAD and old 797.
Any issues ? I don�t want to abandon my H1 status.
Gurus please advise.
Thanks
more...
dssreddy27
07-14 10:30 PM
My H1B 6th Year expires August 2007 and need to apply for 7th year extension.
The below are options I read in murthy.com
1. Labor pending or approved before 365 days of H1B 6th Year expires
2. I140 Approved
Applied for PERM labor in April 2007 and still in pending status (First option ruled out)
After looking at July 2007 Visa Bulletin immediately Applied for I140 using Substitution Labor . Assuming that I can work on EAD.
And because of Revised Visa Bulletin I could not apply for I485.
Can I apply for 7th year extension based on I140 receipt (using Labor substitution)?
If no to the above question and suppose if my PERM labor is approved some time in July and if the USCIS start again the Premium for I140 Can I apply for another I140 from same employer?
Please reply ASAP,
Thanks
The below are options I read in murthy.com
1. Labor pending or approved before 365 days of H1B 6th Year expires
2. I140 Approved
Applied for PERM labor in April 2007 and still in pending status (First option ruled out)
After looking at July 2007 Visa Bulletin immediately Applied for I140 using Substitution Labor . Assuming that I can work on EAD.
And because of Revised Visa Bulletin I could not apply for I485.
Can I apply for 7th year extension based on I140 receipt (using Labor substitution)?
If no to the above question and suppose if my PERM labor is approved some time in July and if the USCIS start again the Premium for I140 Can I apply for another I140 from same employer?
Please reply ASAP,
Thanks
2010 2011 Justin Bieber Never Say
WeShallOvercome
08-03 12:38 PM
I was wondering will we get the I-485 Receipt notice directly or Lawyer or both?
If you signed G-28 : Only lawyer
If you didn't : Only you
If you signed G-28 : Only lawyer
If you didn't : Only you
more...
virtual55
07-10 09:31 AM
Yes lets create threads as per our convenience..:mad:
What's your problem.
Thanks Sivakanth for your hard work
What's your problem.
Thanks Sivakanth for your hard work
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JunRN
05-18 12:39 PM
If you haven't filed I-485 yet, you cannot use AC21 as it requires I-485 to be pending for more than 180 days. It means, that you're stuck with your ex-employer for GC processing unless your new employer is willing to file new LC and I-140 for you. You can port the PD of your approved I-140 to the new one.
Once your PD becomes current, then you can file I-485.
Once your PD becomes current, then you can file I-485.
more...
eb_retrogession
01-22 04:49 PM
Its nice to know that the backlog center issue is also part of your agenda.
thanks...:)
labor,
You are right. Addressing backlog issue is also a big part of the agenda. Pls educate your friends/co-workers affected by that and ask them to chip in for the cause.
thanks...:)
labor,
You are right. Addressing backlog issue is also a big part of the agenda. Pls educate your friends/co-workers affected by that and ask them to chip in for the cause.
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vishwak
10-26 08:54 AM
I hope you know how to search for info in Google. Just search it and do your basic research and then you can come back and ask question.
Then the answers here would make a lot more sense.
Toooo funny.
If you are in America ask your company HR or your company Attorney and then come back with questions.
Then the answers here would make a lot more sense.
Toooo funny.
If you are in America ask your company HR or your company Attorney and then come back with questions.
more...
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redford
12-03 10:38 AM
???
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tempgc
11-07 10:56 AM
Gurus,
I have a question. I am a July 2nd 485, EAD, AP filer and I did not receive my AP yet. My H1 visa stamping got expired, and I am planning to go to India for 2 months. Can I leave US before my AP gets approved, hoping that it will be approved in the next 2 months time and my attorney will send the AP papers to my India address?
Is it possible, please advice.
Thanks
I have a question. I am a July 2nd 485, EAD, AP filer and I did not receive my AP yet. My H1 visa stamping got expired, and I am planning to go to India for 2 months. Can I leave US before my AP gets approved, hoping that it will be approved in the next 2 months time and my attorney will send the AP papers to my India address?
Is it possible, please advice.
Thanks
more...
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nozerd
02-08 05:13 PM
If they are Singapore Passport holders they dont even need visa. Singapore (last I knew atleast) was a visa waiver country.
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vivekm1309
07-05 12:44 PM
My friends in Oracle have informed a similar move from Oracle too.
I donot have a URL to post ...to confrm it.
VM
I donot have a URL to post ...to confrm it.
VM
more...
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poorslumdog
09-14 04:14 PM
My Husband�s priority date is Oct 2003 (EB3). My Employer is willing to start for GC in EB2. Can We use my husband�s EB3 Oct 2003 priority date ?
Your suggestions are really appreciated.
Contributed $100
Receipt ID: 5116-8138-6595-2887
EB3 India Oct 2003
Only your husband can port the PD and you can not do that.
Your suggestions are really appreciated.
Contributed $100
Receipt ID: 5116-8138-6595-2887
EB3 India Oct 2003
Only your husband can port the PD and you can not do that.
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srilakshmij
02-11 11:45 AM
Hi,
One of my friends lost his Petition papers. His H1-B visa is about to expire and he wants to file for an extension. Currently he is in India and was planning to travel to US this week, when he lost his petition papers.
Will it be possible for him to travel to US without his Petition papers and apply for a duplicate / extension?
Please let me know any help line number where he can call to clarify his doubts.
Thanks much
Sri
One of my friends lost his Petition papers. His H1-B visa is about to expire and he wants to file for an extension. Currently he is in India and was planning to travel to US this week, when he lost his petition papers.
Will it be possible for him to travel to US without his Petition papers and apply for a duplicate / extension?
Please let me know any help line number where he can call to clarify his doubts.
Thanks much
Sri
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raysaikat
01-24 04:03 PM
Hi glus,
Thanks for the reply can you or someone clarigy this,
What if the validity date of H1 is before the validity date of F1. In other words if the validity date of H1 is 10/1/2009 to 9/30/2012 and the validity date of F1 is 12/15/2009 to D/s but the approval date of F1 is on 7th Jan 2010 and the approval date of H1 is on 14th jan 2010.
Thanks
Your VISA status should be determined by the I-94 you got last. Which one is it?
Thanks for the reply can you or someone clarigy this,
What if the validity date of H1 is before the validity date of F1. In other words if the validity date of H1 is 10/1/2009 to 9/30/2012 and the validity date of F1 is 12/15/2009 to D/s but the approval date of F1 is on 7th Jan 2010 and the approval date of H1 is on 14th jan 2010.
Thanks
Your VISA status should be determined by the I-94 you got last. Which one is it?
nsolanki77
01-18 06:45 PM
In 2005 I (american citizen) applied for a I-130 petition for my husband who is an Indian citizen. (It was approved.) Then after that the case was placed under administrative review at the Mumbai embassy in India. It is still pending for over four years now. As of Sept. 2008 My husband recieved a letter stating the petition was sent to the USCIS here for review and possible revocation. We were told to contact them here for our case. They can not find anything on our case.
He is now in Canada on a student visa. Can I apply for a K-3 visa while he is in canada on a student visa? I was told he would need to go back to India for me to apply for a K-3 visa. USCIS agent told me to take the steps in applying for a K-3 visa for him.
Can I?
He is now in Canada on a student visa. Can I apply for a K-3 visa while he is in canada on a student visa? I was told he would need to go back to India for me to apply for a K-3 visa. USCIS agent told me to take the steps in applying for a K-3 visa for him.
Can I?
chanduv23
11-01 08:01 AM
if u file for 140, chances are that it will get approved before may 2007 is high. If u have an approved 140, you can get 3 year extension. If you seek extension based on labor, you will get 1 year extension. I recommend u to apply for 140 (if possible premium) ASAP. Even otherwise,you are fine to get an year of extension.
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