rsdang
11-17 02:43 PM
I do not think this statement is correct "Since you applied for H1 extension it means that you are out of parolee status and on H1 again."
As long as H1B is the underlying petition for your GC application H1 extension does not negate your AP status. You have dual travel papers.
Caution - Please talk to lawyer as there is some stuff around abandoning your petition is you go out of country before approval...
I have had a valid H1 and AP for a while now and travelled on AP without issues.
Hope it helped.
As long as H1B is the underlying petition for your GC application H1 extension does not negate your AP status. You have dual travel papers.
Caution - Please talk to lawyer as there is some stuff around abandoning your petition is you go out of country before approval...
I have had a valid H1 and AP for a while now and travelled on AP without issues.
Hope it helped.
wallpaper make me happy.
GLIX
02-22 06:14 AM
it was already at july 13, 2006, now it's back at june? how could that happen?:confused:
gk_2000
01-26 03:25 PM
Waste of time. How many PhD's are there as compared to the others? There is already EB1/EB2-NIW for them
2011 like these make me happy.
aamchimumbai
12-08 12:16 PM
Vik352,
I am in the same situation as yours. I am assuming that this is your first AP application and not renewal, right?
In my case, I am on H1 and my wife is on H4. For both, visa is NOT stamped in our passports. We received a letter from NSC saying that both our AP applications were approved on 10/21/08. I received my approved AP application but we never received hers. We followed up with the NSC and local USCIS office both confirmed that our application were approved. Therefore, she left US to visit India on 11/15/08. Two days later after her departure we received RFE on photos. Weird. Anyways. We did respond her RFE few days ago.
But now the question is can she return with her approved AP, which may have a later date than her departure OR we need to go for H1/H4 stamping. I am not sure what will happen at the POE when we show up with our APs.
Anyone in similar situation?
Thanks.
My wife is not H4, she is working on EAD and we applied her I-485 last July. She has to travel to India for an emegency. We applied for AP last month, have the receipt but it is not approved. Is it okay if she travels to India without AP approval? I will be here and I can take her approved AP when I go there after two months.
I heard that if she travels without AP, her I-485 is considered abonded. Is this true? Can we apply for her H4 (as I am still on H1). Any advice on how to get her back?
Thanks!
I am in the same situation as yours. I am assuming that this is your first AP application and not renewal, right?
In my case, I am on H1 and my wife is on H4. For both, visa is NOT stamped in our passports. We received a letter from NSC saying that both our AP applications were approved on 10/21/08. I received my approved AP application but we never received hers. We followed up with the NSC and local USCIS office both confirmed that our application were approved. Therefore, she left US to visit India on 11/15/08. Two days later after her departure we received RFE on photos. Weird. Anyways. We did respond her RFE few days ago.
But now the question is can she return with her approved AP, which may have a later date than her departure OR we need to go for H1/H4 stamping. I am not sure what will happen at the POE when we show up with our APs.
Anyone in similar situation?
Thanks.
My wife is not H4, she is working on EAD and we applied her I-485 last July. She has to travel to India for an emegency. We applied for AP last month, have the receipt but it is not approved. Is it okay if she travels to India without AP approval? I will be here and I can take her approved AP when I go there after two months.
I heard that if she travels without AP, her I-485 is considered abonded. Is this true? Can we apply for her H4 (as I am still on H1). Any advice on how to get her back?
Thanks!
more...
quizzer
11-01 05:39 PM
Hello,
I'm trying to see the list of people who applied EB2 at NSC in 2006 and still waiting for updates/result.
Please keep updating this thread with ur dates and updates like if any SR was raised, any LUD's after ND etc.
Mine RD is Dec 11 2006...no updates till now.SR was raised on 20th oct 2007.
We will try to track if people get updates after posting here.
Thanks
I'm trying to see the list of people who applied EB2 at NSC in 2006 and still waiting for updates/result.
Please keep updating this thread with ur dates and updates like if any SR was raised, any LUD's after ND etc.
Mine RD is Dec 11 2006...no updates till now.SR was raised on 20th oct 2007.
We will try to track if people get updates after posting here.
Thanks
gxr
10-01 03:29 PM
Anyone with Oct 06 or earlier RD still waiting for I-140 approval?
more...
fuzzy logic
07-01 02:06 PM
The amended H-1B by itself will not be an issue when it comes to GC.
My question was more about why for "rajuseattle" there was going to be AC21 since his job location has not changed.
In your case, you have mentioned that you are going to accept more responsibility than that has been stated in PERM, so AC21 is inevitable. As long as you are in the same line of work, I think you should be okay.
Anyone else has inputs for "fuzzy logic"?
sledge hammer - Thanks for your clarification. I hope my company will be willing to amend my H1B.
I appreciate everyone's suggestion on this issue. As for AC21 - my take is that it is a slam dunk if the new and old title fall in the same ONET code or is a related job under the same code. Other wise it gets tricky. This is my take on it, but there are varied interpretations out there.
My question was more about why for "rajuseattle" there was going to be AC21 since his job location has not changed.
In your case, you have mentioned that you are going to accept more responsibility than that has been stated in PERM, so AC21 is inevitable. As long as you are in the same line of work, I think you should be okay.
Anyone else has inputs for "fuzzy logic"?
sledge hammer - Thanks for your clarification. I hope my company will be willing to amend my H1B.
I appreciate everyone's suggestion on this issue. As for AC21 - my take is that it is a slam dunk if the new and old title fall in the same ONET code or is a related job under the same code. Other wise it gets tricky. This is my take on it, but there are varied interpretations out there.
2010 Nothing can make me happy
sanju
04-15 04:03 PM
This person abby is a member of anti-immigrant group. This person has just posted this message so that some one in their group can cut-paste this post into the lobby material of anti-h1b goup. This thread is actully not the fault of abby. So, rather than talking to abby I would like to say something to people who appear to be regular member of this forum.
Dear senthil1,
Do you have anything in the upper compartment of your head. I have seen your posts and you are always arguing for no reason. As if you are the only smart one around. Here you are playing right into the hands of an anti-immigrant. I beg you, please use your brains, atleast sometimes. Don't post just for the sake of posting. Idiot.
Dear senthil1,
Do you have anything in the upper compartment of your head. I have seen your posts and you are always arguing for no reason. As if you are the only smart one around. Here you are playing right into the hands of an anti-immigrant. I beg you, please use your brains, atleast sometimes. Don't post just for the sake of posting. Idiot.
more...
BhanuPriya
01-13 07:27 PM
Hi All,
Thanks for your patience. I was busy yesterday and I would like to provide you all proper information what I sent to FOIA. Here is the information I got from my folders.
1) You need to fill the form G-639 to get the I-140 documents.
2) Provide as much Information as possible about your case. Some of you doesn't have the Receipt Number, they may also fill the form G-639 and provide any other information you have. (Ex: Provide with thorough description of your case in a separate paper.)
3) After filling the form, Notarise it (Your bank will do it)
4) Attach all the documents with this form and send it to:
USCIS National Record Center
FOIA Division
PO Box: 648010
Lee Summit, MO 64064 - 5570
5) There is no fee to submit this form. You will receive a receipt# within a week how they will process your request.
6) There is no way your Employer/Lawyer know about it. Its in between you and FOIA Division.
I feel myself proud to provide all these details to you since I know how difficult to stay with a blody sucking parasite Employer. I spent lot of sleepless nights and I decided to fight with bad/rogue Employers.
Please keep in touch if you have any other details.
Bhanu
Thanks for your patience. I was busy yesterday and I would like to provide you all proper information what I sent to FOIA. Here is the information I got from my folders.
1) You need to fill the form G-639 to get the I-140 documents.
2) Provide as much Information as possible about your case. Some of you doesn't have the Receipt Number, they may also fill the form G-639 and provide any other information you have. (Ex: Provide with thorough description of your case in a separate paper.)
3) After filling the form, Notarise it (Your bank will do it)
4) Attach all the documents with this form and send it to:
USCIS National Record Center
FOIA Division
PO Box: 648010
Lee Summit, MO 64064 - 5570
5) There is no fee to submit this form. You will receive a receipt# within a week how they will process your request.
6) There is no way your Employer/Lawyer know about it. Its in between you and FOIA Division.
I feel myself proud to provide all these details to you since I know how difficult to stay with a blody sucking parasite Employer. I spent lot of sleepless nights and I decided to fight with bad/rogue Employers.
Please keep in touch if you have any other details.
Bhanu
hair Hehe New layouts make me happy
belmontboy
01-20 01:27 PM
1. Ravi Venkatesh
2. Rani Swami
3. Hema Prabhu
4. Dayal Sharma
5. Chin Chu
6. Dang Wang
These are some of the people I am proud of who are EB-3. Are you proud of them too ?
Adding to the elite list:
7. Ding Dong
8. Ping Ping
9. Sing Sing
10. <unknown firstname> EB3GCWalla
2. Rani Swami
3. Hema Prabhu
4. Dayal Sharma
5. Chin Chu
6. Dang Wang
These are some of the people I am proud of who are EB-3. Are you proud of them too ?
Adding to the elite list:
7. Ding Dong
8. Ping Ping
9. Sing Sing
10. <unknown firstname> EB3GCWalla
more...
pa_arora
07-16 01:18 PM
I liked ur signature...BTW what country r u from?
hot story which made me happy.
cvk90
12-08 01:40 AM
Not sure where this is going...Respond with caution folks...posting seems fishy !!
more...
house Wires that make me happy
cinqsit
10-07 08:32 PM
Yes things are really bad. You are lucky that your company is even willing to consider filing eb2 other companies are not even filling willing to file eb3 perm. They dont want to apply any perm at all. On an average DOL is taking 9 months to approve perm, if it eb2 there is a good chace of getting audited and that will takes a couple of years.
As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
"1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
"1-A. If Yes, enter the previous filing date"
"2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"
Nope! this is just some mis-information floating around - the question in the perm application form was useful when perm came into existence and was specifically for people who had traditional recruitment cases (remember TR) or RIR for that matter rotting in backlog reduction centers and who wanted to "upgrade" to better faster perm labor process and keep the same priority date
As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
"1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
"1-A. If Yes, enter the previous filing date"
"2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"
Nope! this is just some mis-information floating around - the question in the perm application form was useful when perm came into existence and was specifically for people who had traditional recruitment cases (remember TR) or RIR for that matter rotting in backlog reduction centers and who wanted to "upgrade" to better faster perm labor process and keep the same priority date
tattoo It makes me happy just to look
ivar
02-07 09:51 AM
Dear "ivar" congratulations on getting greened! I humbly request you to be with us till you can :D
gc_peshwa, SGP
I am used to visiting IV everyday so i don't think i will stop that and i will also be donating for few months from now.
gc_peshwa, SGP
I am used to visiting IV everyday so i don't think i will stop that and i will also be donating for few months from now.
more...
pictures why i love you quotes for him.
chanduv23
11-20 11:29 AM
Secretaries are from the Executive Branch and are responsible for the execution of the laws and are not directly responsible for the creation of the laws. So we could expect Memos that are more favorable to us but I wouldn't hold my breath over CIR yet.
Well what I intend to say is - their influence is definitely there in framing laws.
Well what I intend to say is - their influence is definitely there in framing laws.
dresses All they need to do to make me
harrydr
01-06 09:56 AM
Hey Teddy,
During you process for porting from EB3 to EB2 did you:
1. Do this within the same organization after getting your advanced degree?
2. Did you have to file for a new PERM and start from the begineeing under EB2?
3. Were you successfully able to port your PD or did you start with a new PD under EB2?
During you process for porting from EB3 to EB2 did you:
1. Do this within the same organization after getting your advanced degree?
2. Did you have to file for a new PERM and start from the begineeing under EB2?
3. Were you successfully able to port your PD or did you start with a new PD under EB2?
more...
makeup But this event today made me
sabudanawada
02-27 03:20 PM
once EB3 Row gets current, some relief can be expected for the retrogressed countires where unused visas can be assigned...
before 2007, lot of labor substitution cases are in picture, also people with multiple LC's too...
the actual no. will be smaller...it just depends on how proactively they will manage to capture the unused numbers etc..that will matter the most.
About 25,000 PERM labors were approved in 2007 for Indian nationals. Assuming a 2.5:1 ratio of 'GC filed:Labor approved', implies that each year 62,500 GC are demanded by Indians under EB. Since only 10,000 are available (across all EB classes), this implies each year a backlog of 50,000 cases is created for Indians.
Since PD are essentially retrogressed from Nov. 2005, we can assume that since then another 100,000 Indians have joined the GC backlog. It can also be assumed that between 2001 and Nov. 2005 there must be another (atleast) 50,000 waiting for GC.
Assuming these numbers are correct, a person filing for labor today is looking to wait for atleast 15 years before getting a GC (150,000/10,000).
As for those wth PD prior to Nov. 2005 - well..... probably anywhere between 1 to 5 years .....
Comments on the analysis.........?
before 2007, lot of labor substitution cases are in picture, also people with multiple LC's too...
the actual no. will be smaller...it just depends on how proactively they will manage to capture the unused numbers etc..that will matter the most.
About 25,000 PERM labors were approved in 2007 for Indian nationals. Assuming a 2.5:1 ratio of 'GC filed:Labor approved', implies that each year 62,500 GC are demanded by Indians under EB. Since only 10,000 are available (across all EB classes), this implies each year a backlog of 50,000 cases is created for Indians.
Since PD are essentially retrogressed from Nov. 2005, we can assume that since then another 100,000 Indians have joined the GC backlog. It can also be assumed that between 2001 and Nov. 2005 there must be another (atleast) 50,000 waiting for GC.
Assuming these numbers are correct, a person filing for labor today is looking to wait for atleast 15 years before getting a GC (150,000/10,000).
As for those wth PD prior to Nov. 2005 - well..... probably anywhere between 1 to 5 years .....
Comments on the analysis.........?
girlfriend One of the first posts I made
mambarg
07-27 06:58 PM
Is your question about Approved 140 or Pending 140.
I am also curious to know.
As far as I know, employer has to just send a letter to USCIS with the 140 receipt number which states that they want to revoke it and USCIS will locate the file with 485 and revoke it too.
Bad but what can we do ???????
I am also curious to know.
As far as I know, employer has to just send a letter to USCIS with the 140 receipt number which states that they want to revoke it and USCIS will locate the file with 485 and revoke it too.
Bad but what can we do ???????
hairstyles (Little things make me happy).
mailmy_gc
10-15 05:49 PM
We had 4-5 continueous LUD's after couple of weeks they recieved response (June 2009) but still status is showing response reeived.
Recently even changed job to local government but not yet submitted AC 21, I am in the process of preparing documentation. I appreciate if any one help me on this.
Thanks,
Recently even changed job to local government but not yet submitted AC 21, I am in the process of preparing documentation. I appreciate if any one help me on this.
Thanks,
WeShallOvercome
11-06 04:11 PM
I see that for EB2 the PD is 01 APR 2004 now. I want to know if I-485 approvals is linked to this PD date or they will work independent to these days.
Thanks,
Sury
-------------------------------
PD : Feb'07
I-140 - Pending
I-131 - Approved
I-485 - Pending
Center: TEXAS SERVICE CENTER
Recieved EAD Card and FP done.
-------------------------------
Poor guy/gal just asked a simple question.....
Sury, The PDs need to be current for I-485 filing AS WELL AS approval.
Thanks,
Sury
-------------------------------
PD : Feb'07
I-140 - Pending
I-131 - Approved
I-485 - Pending
Center: TEXAS SERVICE CENTER
Recieved EAD Card and FP done.
-------------------------------
Poor guy/gal just asked a simple question.....
Sury, The PDs need to be current for I-485 filing AS WELL AS approval.
ssnd03
07-12 06:44 PM
The FBI name check is a bottleneck agreed. BUTTT It has NOTHING to do with the recent VB fiasco!
Some people were approved by the USCIS even WITHOUT the name checks. This is entirely a US Dept of State vs USCIS mess.
It certainly is US Dept of State vs USCIS lack of communication. But when there are so many pending I485s, the unused green card visas every year are due FBI background check delay.
Retrogression is due to more demand than supply and country quotas.
But yearly unused visas are due to FBI background check delay.
There is a clear difference.
Now the rumour that on July 1 some GCs were approved without FBI check completion maybe true. But that violation is a recent event. And there could be multitude of reasons for this violation. But it is a violation
Some people were approved by the USCIS even WITHOUT the name checks. This is entirely a US Dept of State vs USCIS mess.
It certainly is US Dept of State vs USCIS lack of communication. But when there are so many pending I485s, the unused green card visas every year are due FBI background check delay.
Retrogression is due to more demand than supply and country quotas.
But yearly unused visas are due to FBI background check delay.
There is a clear difference.
Now the rumour that on July 1 some GCs were approved without FBI check completion maybe true. But that violation is a recent event. And there could be multitude of reasons for this violation. But it is a violation
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