daishwarya
07-23 02:06 PM
@linuxra: Did you get an RFE on your I485??
wallpaper Brian wilson smile dvd rian
aj1234567
10-04 06:29 PM
Hi Gurus-
One of my friends had received strange letter from the consulate saying that
We are obliged to inform you that petition for temporary employment for xyz InfoTech .has been returned to the department of homeland security(DHS) for reconsideration, in your case you did not meet the necessary criteria of the visa category, we have asked DHS to revoke the petition.
With this letter we are returning your passport. no additional information or documents are required from you.
We will contact you once a final decision has been made on your application
Please advice me why they send this letter and what necessary action we need to take..
Thanks
Aj
One of my friends had received strange letter from the consulate saying that
We are obliged to inform you that petition for temporary employment for xyz InfoTech .has been returned to the department of homeland security(DHS) for reconsideration, in your case you did not meet the necessary criteria of the visa category, we have asked DHS to revoke the petition.
With this letter we are returning your passport. no additional information or documents are required from you.
We will contact you once a final decision has been made on your application
Please advice me why they send this letter and what necessary action we need to take..
Thanks
Aj
desi3933
06-25 02:18 PM
I agree. The argument that the AOS applicant doesn't need to have a job now is very aggressive and should only be used if absolutely necessary. If there is any chance of finding a new job soon, the first step would be to ask for more time to respond to the RFE.
Thanks Elaine.
My understanding is that, from legal point of view, the conditions for job offer must be maintained at all times while I-485 is pending. If there is a time when Job offer, that is same/similar to I-140 petition, is not available then the pending I-485 application can be denied just on this basis alone.
Could you please share your views on this.
.
Thanks Elaine.
My understanding is that, from legal point of view, the conditions for job offer must be maintained at all times while I-485 is pending. If there is a time when Job offer, that is same/similar to I-140 petition, is not available then the pending I-485 application can be denied just on this basis alone.
Could you please share your views on this.
.
2011 Brian Wilson
dealsnet
02-26 01:22 PM
Don't answer to this person. He is started many threads and make funny questions. He is wasting our time. All contradition. See some of his postings below. One question he talks about receiving GC posted to his parents. Another talks about his sister. Admin................Please take care of this guy.!!!!!!!!!
Originally Posted by nirdlalegcade
yes that's right, what if my sister recieved my GC by mail here in the US while I'm outside the country.. I am planning to use my h4 visa to go out of US..
Today, 01:37 PM
nirdlalegcade
Junior Member Join Date: Jan 2008
Posts: 15
what if
________________________________________
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?
01-20 05:08 PM
nirdlalegcade
Junior Member Join Date: Jan 2008
Posts: 15
leaving US without greencard but has H4 visa.
________________________________________
Hi to all. (questions are in BOLD, RED / GREEN words)
Actually, I don't have any idea on this but I just want to ask if I can leave & go back to the US with just my H4 visa? Cause I'm still waiting for my green card cause it's still in process.
My parents are here in the US and the reason why I want to go back to my country is because I want to continue my studies there.
Another question is:
If I go back in my country with just the H4, what if while I'm in my country and my green card is sent in my parents (in US), Can they just send the green card to me and use it if I go back to US?
PLEASE HELP ME.
I appreciate any help. Thank you.
cause i'm kinda desperate. he-he-he.
________________________________________
Last edited by nirdlalegcade : 01-20-2008 at 05:41 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?
Originally Posted by nirdlalegcade
yes that's right, what if my sister recieved my GC by mail here in the US while I'm outside the country.. I am planning to use my h4 visa to go out of US..
Today, 01:37 PM
nirdlalegcade
Junior Member Join Date: Jan 2008
Posts: 15
what if
________________________________________
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?
01-20 05:08 PM
nirdlalegcade
Junior Member Join Date: Jan 2008
Posts: 15
leaving US without greencard but has H4 visa.
________________________________________
Hi to all. (questions are in BOLD, RED / GREEN words)
Actually, I don't have any idea on this but I just want to ask if I can leave & go back to the US with just my H4 visa? Cause I'm still waiting for my green card cause it's still in process.
My parents are here in the US and the reason why I want to go back to my country is because I want to continue my studies there.
Another question is:
If I go back in my country with just the H4, what if while I'm in my country and my green card is sent in my parents (in US), Can they just send the green card to me and use it if I go back to US?
PLEASE HELP ME.
I appreciate any help. Thank you.
cause i'm kinda desperate. he-he-he.
________________________________________
Last edited by nirdlalegcade : 01-20-2008 at 05:41 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?
more...
njboy
09-25 05:27 PM
venky is right..find out why it was rejected..im sure an rfe was requested..right? did you finish your MS by april?
however, venky, your suggestions are not very sound..did you hear that that h1 quota is over? how can his future employer file for him? he can only start working oct 08 earliest
however, venky, your suggestions are not very sound..did you hear that that h1 quota is over? how can his future employer file for him? he can only start working oct 08 earliest
kirupa
03-05 11:10 PM
No problem Ames. I have split your entry into its own thread.
:)
:)
more...
brick2006
04-21 11:44 AM
I am currently on my 9th year h1..my 140 is approved..and i am not a june 2007 filer..H1 valid till may 2010
My spouse is on H1..can i switch over H4..
> My company had not "officially" laid me off.. i am on an extended LOP.. and since there is no time limit of LOP on H1.. i am sure i cannot be on LOP for ever..;-)..its been 2 weeks..and i dont want to become illegal now..
so here is my dilemma::confused:
a.) If i switch to H4 and after few months i get a project..can i go back to H1..->
b.) Can i file for H4 on my own..is it complicated?
c.) if i change to H4..and my PD becomes current (PD Dec 2005)
.) Can i file for AOS..as my 140 is approved..
.) Suppose i go back to desh ..can i file for consular processing..if my PD become current
thank you!
My spouse is on H1..can i switch over H4..
> My company had not "officially" laid me off.. i am on an extended LOP.. and since there is no time limit of LOP on H1.. i am sure i cannot be on LOP for ever..;-)..its been 2 weeks..and i dont want to become illegal now..
so here is my dilemma::confused:
a.) If i switch to H4 and after few months i get a project..can i go back to H1..->
b.) Can i file for H4 on my own..is it complicated?
c.) if i change to H4..and my PD becomes current (PD Dec 2005)
.) Can i file for AOS..as my 140 is approved..
.) Suppose i go back to desh ..can i file for consular processing..if my PD become current
thank you!
2010 giants-fan-rian-wilson-beard
priderock
05-15 10:35 AM
Wonder how many core group members benefited with this forward movement !!
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gk_2000
01-26 07:05 PM
US needs EB1 and Ph.Ds
Others not contribute as much
You are talking about needs? Then US needs all EB's over illegals by much, much more than US needs EB1 over EBn (n>1). So let's not talk of who contributes and who does not. It doesn't matter, all have same raw deal
Others not contribute as much
You are talking about needs? Then US needs all EB's over illegals by much, much more than US needs EB1 over EBn (n>1). So let's not talk of who contributes and who does not. It doesn't matter, all have same raw deal
hair beach boys rian wilson. each
pd_recapturing
08-22 04:11 PM
I have not done AC21 yet. My join date is September 2nd. I am kind of planning to not file AC21.
Is your current employer supportive with respect to revoking 140 ? It looks like, you are doing H1 not using EAD ?
Is your current employer supportive with respect to revoking 140 ? It looks like, you are doing H1 not using EAD ?
more...
senthil1
04-10 06:20 PM
The numbers were not too much as the expectation was much more as last 2 years cap was reached and expected to file more persons. If H1b is filed based on real job requirements the cap must be enough.
this happened because alot of students filed through multiple employers
(read desi consultants) to better their chances
i hope they do something about this artificial inflation and fraud bodyshoppers
the masters quota would never have gone into lottery then
this happened because alot of students filed through multiple employers
(read desi consultants) to better their chances
i hope they do something about this artificial inflation and fraud bodyshoppers
the masters quota would never have gone into lottery then
hot Brian Wilson
Appu
04-17 04:01 PM
Sign this petition on Sen Kennedy's website in support of immigration reform:
http://www.tedkennedy.com/fightforfairness
It may help...
http://www.tedkennedy.com/fightforfairness
It may help...
more...
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saravanaraj.sathya
07-31 10:08 AM
I would like to know what are the primary reasons why employers revokes approved I-140 after invoking AC21 after 180 days.
a. I think one of the reason is Labor substitution. If they want to use it for someone else. Now that this is eliminated, I think there will be minimal chances of revocation in future.
b. Do big companies like Infy, Wipro do this?
c. They could revoke because of problems between employer and employees...I think we need to be patient and work this out..
Please reply with ur inputs.
a. I think one of the reason is Labor substitution. If they want to use it for someone else. Now that this is eliminated, I think there will be minimal chances of revocation in future.
b. Do big companies like Infy, Wipro do this?
c. They could revoke because of problems between employer and employees...I think we need to be patient and work this out..
Please reply with ur inputs.
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wandmaker
11-18 06:48 PM
enggr: You have completed the course in 2000 (per course completion certificate), but your degree was awarded in 2002 after you completed a supplemental exam. Since the position requires a candidate who qualifies for EB2, USCIS will deny your 140 petition. IMHO, you will have to start your green card journey from scratch.
more...
pictures Brian Wilson
bestia
11-21 03:16 AM
Meridiani.planum.... Thanks for your reply....
Is the GC under EB-2 that quick? I wonder why my attorney didn't try to FIT me on EB-2... I'll definitely research my 'fitting' options as an EB-2.... now, do you know if are there hidden issues on getting a GC as an EB-2 rather than an EB-3? Or, Is a GC the same regardless the employment-based category?
Attorneys prefer EB3, since there is less evidence needs to be submitted, less scrutiny, less risk of RFE or denial, and therefore less work for the attorney.
"Is GC same..." - philosophical question.. I guess not :) I guess GC for someone who waited for 10 years is not the same as for someone who got it first year being in the US.
Is the GC under EB-2 that quick? I wonder why my attorney didn't try to FIT me on EB-2... I'll definitely research my 'fitting' options as an EB-2.... now, do you know if are there hidden issues on getting a GC as an EB-2 rather than an EB-3? Or, Is a GC the same regardless the employment-based category?
Attorneys prefer EB3, since there is less evidence needs to be submitted, less scrutiny, less risk of RFE or denial, and therefore less work for the attorney.
"Is GC same..." - philosophical question.. I guess not :) I guess GC for someone who waited for 10 years is not the same as for someone who got it first year being in the US.
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rockstart
02-10 05:05 PM
Since your wife is the primary applicant as you mentioned I dont think you need to wait for 180 days. Your employer is no way concerened with your EAD/ GC. But in case both you and your wife are working for same H1 employer then you moving might ring alarm bells for him but in case 180 days are already over then there is not much he can do.
more...
makeup rian wilson no not that rian
makemygc
01-07 06:59 PM
I had the same scenario and got my EAD renewed using the new passport number without any issues. What USCIS is mainly concerned about is your A# that you fill up in your EAD form.
Thx
MakeMyGC
I would like to know the answer to this question too. does anybody know?
also pkv..how many days did it take you to get the new passport?
Thx
MakeMyGC
I would like to know the answer to this question too. does anybody know?
also pkv..how many days did it take you to get the new passport?
girlfriend Brian Wilson
geesee
07-20 09:18 AM
I searched for IV on orkut and got three communities back, one with 2 members and two empty.. which one are we joining?
Search for one word - ImmigrationVoice
Search for one word - ImmigrationVoice
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gc_chahiye
10-03 03:10 AM
so when is a visa no. allocated?
say, i filed in july when visa bulletin was current and now its retrogressed to 2004. my PD is 2006. so can it happen that if all runs smooth and application is complted, i can get my GC, even tough visa bulletin may not have yet cut past my PD? so in a nut shell, visa no. is given when 485 is recipted or when its approved?
visa number is assigned at or right about just before the approval. So if the VB is 2 years away from your PD, you are not going to see an approval. After your PD is current, you might be assigned a visa number if your application was otherwise pre-adjudicated. You will see approval either that month or shortly thereafter. Again, IF your application was assigned a visa number. not all people who become current are assigned visa numbers...
say, i filed in july when visa bulletin was current and now its retrogressed to 2004. my PD is 2006. so can it happen that if all runs smooth and application is complted, i can get my GC, even tough visa bulletin may not have yet cut past my PD? so in a nut shell, visa no. is given when 485 is recipted or when its approved?
visa number is assigned at or right about just before the approval. So if the VB is 2 years away from your PD, you are not going to see an approval. After your PD is current, you might be assigned a visa number if your application was otherwise pre-adjudicated. You will see approval either that month or shortly thereafter. Again, IF your application was assigned a visa number. not all people who become current are assigned visa numbers...
vnsriv
07-19 01:53 PM
I was in the same shoes once...did some reseach and gather some info hope it will be helpful to resolve your case.
You can file spouse 485 later but not always
--------------------------------------------------------------------------------
Following is my scenario and the advice I received from a Top (at least high fee: $250 for a 20 minute phone session) lawyer.
EB3 PD Nov 2002 I-140 Approved Jan/04 1-485 filed June 04. I got married in Dec 04 and we were back in USA in Jan 05. Unfortunately we were 2 week too late to beat the retrogression.
My lawyer told me to file wife's 485 as she is dependent and PD is not an issue. Absolutely wrong. USCIS returned her application after 5 weeks.
We waited almost 2.5 years to finally file her application in June 07. I got approved on 23 June but we are OK since her application was filed before that
Key:
1. Get married before your GC approval (before/after 140/485 does not matter as long as you are not approved.
2. Bring spouse on H4 (No derivative status with EAD so maintain H1)
3. Keep all the documents ready (Birth certificate/Marriage certificate etc.)
4. Follow visa bulletin as soon as dates are current get medical test completed
5. File her 485 (Make sure USCIS receives it after the dates become current)
(If USCIS receives your application before dates being current they may still accept the package and reject it after couple of weeks. )
6. What if you are married before GC approval but get approved before her 485 is filed
1. Spouse out of USA
No other way but to file 'Follow to join' in home country. Spouse will not be able to entry on any other visa before his/her GC approval.
2. Spouse in USA on his/her own status ( i.e. wither H1/L1/F1 etc.)
File 485 as a derivative no special processing
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
Please talk to a reputed lawyer before doing any thing.
My story
EB3 RIR PD Jul 2002,
Filed I-485 in Jun 2005 was not married at that time
Did a speedy marriage in Sept 2005 in US, wife was on H1 and submitted the papers for wife, USCIS rejected because of retrogession
Waited till Jun 2007 to get dates current, filed wife's case on 7th jun
Got my I-485 approved on 28th Jun. Still waiting for wife's receipt notices.
You can file spouse 485 later but not always
--------------------------------------------------------------------------------
Following is my scenario and the advice I received from a Top (at least high fee: $250 for a 20 minute phone session) lawyer.
EB3 PD Nov 2002 I-140 Approved Jan/04 1-485 filed June 04. I got married in Dec 04 and we were back in USA in Jan 05. Unfortunately we were 2 week too late to beat the retrogression.
My lawyer told me to file wife's 485 as she is dependent and PD is not an issue. Absolutely wrong. USCIS returned her application after 5 weeks.
We waited almost 2.5 years to finally file her application in June 07. I got approved on 23 June but we are OK since her application was filed before that
Key:
1. Get married before your GC approval (before/after 140/485 does not matter as long as you are not approved.
2. Bring spouse on H4 (No derivative status with EAD so maintain H1)
3. Keep all the documents ready (Birth certificate/Marriage certificate etc.)
4. Follow visa bulletin as soon as dates are current get medical test completed
5. File her 485 (Make sure USCIS receives it after the dates become current)
(If USCIS receives your application before dates being current they may still accept the package and reject it after couple of weeks. )
6. What if you are married before GC approval but get approved before her 485 is filed
1. Spouse out of USA
No other way but to file 'Follow to join' in home country. Spouse will not be able to entry on any other visa before his/her GC approval.
2. Spouse in USA on his/her own status ( i.e. wither H1/L1/F1 etc.)
File 485 as a derivative no special processing
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
Please talk to a reputed lawyer before doing any thing.
My story
EB3 RIR PD Jul 2002,
Filed I-485 in Jun 2005 was not married at that time
Did a speedy marriage in Sept 2005 in US, wife was on H1 and submitted the papers for wife, USCIS rejected because of retrogession
Waited till Jun 2007 to get dates current, filed wife's case on 7th jun
Got my I-485 approved on 28th Jun. Still waiting for wife's receipt notices.
imneedy
02-04 01:33 PM
There is no need to change to H4. asaik , that is an extra un-necessary step.
AP should be enough.
Well..you can fall back to H-4 if something goes wrong with 485. But if you are on AP you will have to leave the country.
AP should be enough.
Well..you can fall back to H-4 if something goes wrong with 485. But if you are on AP you will have to leave the country.
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