arjunpa
10-07 10:17 PM
Thanks for the replies martinvisalaw and simple1
Sorry to bump this thread, but I wanted to provide an update as to where I am right now.
If it helps, the Notice of Action I received is a I-797B instead of the usual I-797A stating - a petition has been approved for classification requested, it has been determined that the applicant is not eligible for requested extension of stay.
This is where I am stuck at,
I have contacted a lawyer (through a friend) and he advised that I should get a new VISA stamped by going to my home country or file I-824 to change the consulate to one I wish to attend.
My lawyer still says, all I need to do is exit/enter through a POE to obtain the missing I-94
I also have an appointment with a reputed law firm tomorrow (their advice would also be helpful)
All I am trying to do in the process is to reach a safest/correct option.
Any more suggestions? Thanks in advance.
Sorry to bump this thread, but I wanted to provide an update as to where I am right now.
If it helps, the Notice of Action I received is a I-797B instead of the usual I-797A stating - a petition has been approved for classification requested, it has been determined that the applicant is not eligible for requested extension of stay.
This is where I am stuck at,
I have contacted a lawyer (through a friend) and he advised that I should get a new VISA stamped by going to my home country or file I-824 to change the consulate to one I wish to attend.
My lawyer still says, all I need to do is exit/enter through a POE to obtain the missing I-94
I also have an appointment with a reputed law firm tomorrow (their advice would also be helpful)
All I am trying to do in the process is to reach a safest/correct option.
Any more suggestions? Thanks in advance.
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chanduv23
11-09 09:36 PM
People already sued USCIS couple of years back and lost the battle.Sad to hear about 15,000 people with their futures undecided.I also heard that many doctors are leaving US as they are unable to find a residency program.
That is correct. In the last couple of years, FMGs from UK started applying for residency programmes in the US and they had an edge over FMG from India or Pakistan and there has been stringent competition. I have heard residencies rejecting FMGs with scores 99, 99, 99 in USMLE all steps on basis that though they have the best possible scores, they do not have clinical experience.
There is a huge demand for doctors in underserved areas and the supply is far less than the demand but then very little is being done on this side.
Paskal will know more on the politics involving physicians
That is correct. In the last couple of years, FMGs from UK started applying for residency programmes in the US and they had an edge over FMG from India or Pakistan and there has been stringent competition. I have heard residencies rejecting FMGs with scores 99, 99, 99 in USMLE all steps on basis that though they have the best possible scores, they do not have clinical experience.
There is a huge demand for doctors in underserved areas and the supply is far less than the demand but then very little is being done on this side.
Paskal will know more on the politics involving physicians
CRAZYMONK
01-11 02:29 PM
I sent you a private message. Pls check
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mrajatish
09-17 04:19 PM
Given the current retrogression and the fact that you are from India, I would think 100 times before immigrating to US. I know this advice will be useless because you will probably think that "hey, look at this guy currently in the immigration queue and waiting for his GC, but advising my brother to do the opposite" - well, I have been in this rigmarole for too long to say that, if you have good opportunities elsewhere, think about them. If I knew about the problems of getting GC in US, I would definitely planned things a bit differently, just my 2 cents.
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nirdlalegcade
02-26 12:37 PM
what if my I-485 is July 20, 2007 (it is processing), how long will it take before they can send my GC to me?
maine_gc
04-20 11:44 AM
Thanks for the reply.
We are not in Chicago. Their POE is in Chicago. I may have to go to the local USCIS office and clarify it.
I am also checking with the Attorney.
We are not in Chicago. Their POE is in Chicago. I may have to go to the local USCIS office and clarify it.
I am also checking with the Attorney.
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chinna2003
03-11 05:21 PM
This is a very subjective question of intent? If the employer has no problem and willing to support the petition and a job offer when the RFE arrives, how will the UCSIS ever determine intent.
Lets assume the greencard is approved and can it be revoked if i never work for the employer.
And will the fac that i worked for them in the past and resigned before filing a I 14o be a negative factor for adjudication.
Its 100% fraud and abuse. I'm suprised you even thought of asking about this. The answer is in your question.
Lets assume the greencard is approved and can it be revoked if i never work for the employer.
And will the fac that i worked for them in the past and resigned before filing a I 14o be a negative factor for adjudication.
Its 100% fraud and abuse. I'm suprised you even thought of asking about this. The answer is in your question.
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Libra
10-24 10:08 AM
yeah it took almost a year to send an RFE that too after repeated calls to CIS.
Libra,
Congrats!!! Did it take an year for the RFE itself???
Romesh and naresh,
Any updates?
thanks,
Sampath
Libra,
Congrats!!! Did it take an year for the RFE itself???
Romesh and naresh,
Any updates?
thanks,
Sampath
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rbashir
06-11 09:12 PM
Guys
I need your sincere advice, I am currently working for companay A, labor files 2003 , PD December 2003, 45 days letter recieved and send in September 2005. Applied for 7th year ectension. I am from non-retrogress countrym but since EB3 is in bad shape so I am retrogressed. Now the situation is that another company is willing to hire me and want to transfer may case also. The are ready to file my case in PERM. My question is, that is it possible for file the labor in EB2 since its current and the BIG question is I am eligible to file EB2, I have bachelors degree with 5 years of progressive experience. Currently I am working as information security engineer and the new company wants to hire me as an Information security analyst. My lawyer advice me not to do so , as he said labor might now get approived in PERM under EB2.
Please Please advice me on this matter.
Thanks
I need your sincere advice, I am currently working for companay A, labor files 2003 , PD December 2003, 45 days letter recieved and send in September 2005. Applied for 7th year ectension. I am from non-retrogress countrym but since EB3 is in bad shape so I am retrogressed. Now the situation is that another company is willing to hire me and want to transfer may case also. The are ready to file my case in PERM. My question is, that is it possible for file the labor in EB2 since its current and the BIG question is I am eligible to file EB2, I have bachelors degree with 5 years of progressive experience. Currently I am working as information security engineer and the new company wants to hire me as an Information security analyst. My lawyer advice me not to do so , as he said labor might now get approived in PERM under EB2.
Please Please advice me on this matter.
Thanks
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sujijag
03-11 06:33 PM
If someone does this - its fraud, if they do it themselves - its legitimate.
Seek Lawyer's help, asking such qns in forums only creates backlash ;)
Seek Lawyer's help, asking such qns in forums only creates backlash ;)
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cjain
11-13 03:10 PM
From the Aytes memo:
Question 1
How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer:
If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on it’s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a response is received, and if the petition is approvable, follow the procedures in part A above.
Hope this clears stuff up. RFE's are generally issued for ability to pay issues. If all's clear on that front, there should simply be no issue
Question 1
How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer:
If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on it’s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a response is received, and if the petition is approvable, follow the procedures in part A above.
Hope this clears stuff up. RFE's are generally issued for ability to pay issues. If all's clear on that front, there should simply be no issue
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ilikekilo
04-19 05:21 PM
Hi Folks,
My fiancee is a MS student and currently has student loan in India being charged at 13.5%. I am wondering if there is any loan that i can get here with a lower interest rate to repay off the one in india.
I would appreciate any pointers or suggestions here.
try this
not sure what your situation is with credit cards, I mean, what is the amount of credit limit you ahve.
watch out for the offes inthe mail for LIFE TIME balance transfers. generally you could call them and negotiate the APR they offer, based on my experience.
BUt keep in mind, b4 U jump in to all this banks here CAN rescind the offer anytime for any reason (when you are late even one month, etc) although there was a law that has passed recently by Obamas administration that they gave more protection to consumers.
lastly crunch some numbers, i know 13 % is high but at the same time its in Rupees Vs Dollars, so do some number crunching of intersest payment in dollards Vs rupees...good luck
My fiancee is a MS student and currently has student loan in India being charged at 13.5%. I am wondering if there is any loan that i can get here with a lower interest rate to repay off the one in india.
I would appreciate any pointers or suggestions here.
try this
not sure what your situation is with credit cards, I mean, what is the amount of credit limit you ahve.
watch out for the offes inthe mail for LIFE TIME balance transfers. generally you could call them and negotiate the APR they offer, based on my experience.
BUt keep in mind, b4 U jump in to all this banks here CAN rescind the offer anytime for any reason (when you are late even one month, etc) although there was a law that has passed recently by Obamas administration that they gave more protection to consumers.
lastly crunch some numbers, i know 13 % is high but at the same time its in Rupees Vs Dollars, so do some number crunching of intersest payment in dollards Vs rupees...good luck
more...
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nashim
10-14 03:49 PM
You can not return into USA using expired AP. In order to use new AP which you have already applied. It should be approved before you leave USA.
Other option you have H1B stamping if you are maintaining H1B. thanks
Other option you have H1B stamping if you are maintaining H1B. thanks
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TheCanadian
11-25 03:16 AM
You probably noticed, but that's what he is doing. :dilbert:
No I sure didn`t :thumb2:
No I sure didn`t :thumb2:
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ps57002
10-09 05:32 AM
How about H1B?
If one uses EAD, then files for H1b extension beyond 6 yrs (since originally that was not option, labor not pending 365 days), when extension approval comes, go out of country, come back on H1b stamp? is that do able?
If one uses EAD, then files for H1b extension beyond 6 yrs (since originally that was not option, labor not pending 365 days), when extension approval comes, go out of country, come back on H1b stamp? is that do able?
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Joozz
09-19 04:45 PM
Hi guys,
Is there anyway somebody can give me an advice what to do?
My first H1B was issued in December 2000, then I changed employer 2 times and joined my current company in January of 2005. My current employer got my visa transferred and new visa was issued till April 2006. In March my employer sent another petition for H1B extension and this petition was approved in June 2006 and it says its valid till October 2008. It means totally I can stay on H1B almost 8 years? It seems to me its some sort of clerical mistake and I am not sure that I do not violate any immigration law staying here.
Here is another thing that confuses me even more. My current employer started my GC on EB3 though. In January 2006 the employer filed I140 that has been approved May 15 2006. Even though, we did not file any additional requests (I heard I can extend H1B for 3 years with approved 140) I am wondering if USCIS figured it by themselves when they were approving my H1B petition.
Recently I have got decent job offer from another employer that willing to transfer my H1B and start my GC from the beginning. Will it be a huge risk to accept this job offer?
I am sorry for asking it here. We do not have a layer for GC procedure. I was trying to find one that can clarify my situation but layers who I found did not want to give me a legal advice even I was ready to pay for it. They were demanding $1000 retainer prior any work done.
Thanks in advance.
Is there anyway somebody can give me an advice what to do?
My first H1B was issued in December 2000, then I changed employer 2 times and joined my current company in January of 2005. My current employer got my visa transferred and new visa was issued till April 2006. In March my employer sent another petition for H1B extension and this petition was approved in June 2006 and it says its valid till October 2008. It means totally I can stay on H1B almost 8 years? It seems to me its some sort of clerical mistake and I am not sure that I do not violate any immigration law staying here.
Here is another thing that confuses me even more. My current employer started my GC on EB3 though. In January 2006 the employer filed I140 that has been approved May 15 2006. Even though, we did not file any additional requests (I heard I can extend H1B for 3 years with approved 140) I am wondering if USCIS figured it by themselves when they were approving my H1B petition.
Recently I have got decent job offer from another employer that willing to transfer my H1B and start my GC from the beginning. Will it be a huge risk to accept this job offer?
I am sorry for asking it here. We do not have a layer for GC procedure. I was trying to find one that can clarify my situation but layers who I found did not want to give me a legal advice even I was ready to pay for it. They were demanding $1000 retainer prior any work done.
Thanks in advance.
more...
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arjun007
02-07 10:16 PM
PIMPS sounds wrong..thx for the correction..
I94 discrepancy
The US immigration officer at the Halifax airport took my old i-94 which was stapled to my passport (but did not take the i-94 from my 797 form)..But for my friend , the other officer did not take any.. just issued him the new i-94.. though my friend asked the officer if he forgot to take the old i-94, the officer said "dont worry abt it"
I94 discrepancy
The US immigration officer at the Halifax airport took my old i-94 which was stapled to my passport (but did not take the i-94 from my 797 form)..But for my friend , the other officer did not take any.. just issued him the new i-94.. though my friend asked the officer if he forgot to take the old i-94, the officer said "dont worry abt it"
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badluck
06-25 02:47 PM
It looks like my lawyer has already mailed the application to USCIS. The priority dates becomes current only on July 1st.
What are my options here? Does anyone has faced such a situation?
send new again. anyways first one is going to come back.
What are my options here? Does anyone has faced such a situation?
send new again. anyways first one is going to come back.
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jbr
02-27 06:55 PM
Not sure if the conference call mentioned in the previous post has already been held. I wouldn't mind joining in future calls. Thanks.
kirupa
03-12 04:49 AM
If your avatar is any indication of your artistic style, I really can't wait :)
stucklabor
09-19 06:43 PM
BKarnik is partially correct, I got a H1 extension for 3 years after my I-140 approval but my lawyers had to specifically call USCIS' attention to the approved I-140. It is possible that your lawyers did a good job of putting together the H1 application so USCIS was aware of your GC application and cross checked and gave you a 3 year extension based on the approved I-140.
Re: your situation with the new job situation, you should submit this question to the next Lawyers' conf call.
Re: your situation with the new job situation, you should submit this question to the next Lawyers' conf call.
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