ashneels2001
10-16 08:58 PM
check with your lawyer. you should be able to ue the same labor unless the laws have changed. It is my understanding that if you file an MTR right away you get to retain your LABOR CERTIFICATION and that then allows you to file another I140 under EB3
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studmvr
12-20 01:31 PM
Colbert, and Jon shows has a lot of auidences....
Let's get them to know our hardships.
Let's get them to know our hardships.
ajay
03-10 03:31 PM
Friends,
Has anyone else come accross this problem? I wanted to remitt funds to India and when I logged in to SBI GLS web site I got the following message:
Due to regulations applicable in your state of residence in USA, we regret that, at present, we are unable to continue offering SBI Express Remit - US (our product using direct debit facility through ACH) till further notice.
We are engaged in meeting the state's current regulatory requirements, and it will be our endeavor to restore to you at the earliest the convenience you have been enjoying. Meanwhile, you may use the aid of Rapid Remittance (Web-assistance for tracking wire transfers) when you use wire transfer from your bank to send funds to your beneficiary accounts in India.
Please mail any of your queries to our customer support team at
Also the remittance options menu has disappeared.
I am also facing the same issue and when I open up the page same message pops up. I don't know if it is something to do with VA state. Have been using Click2Remit(Kotak) and Remit2India for the time being.
Has anyone else come accross this problem? I wanted to remitt funds to India and when I logged in to SBI GLS web site I got the following message:
Due to regulations applicable in your state of residence in USA, we regret that, at present, we are unable to continue offering SBI Express Remit - US (our product using direct debit facility through ACH) till further notice.
We are engaged in meeting the state's current regulatory requirements, and it will be our endeavor to restore to you at the earliest the convenience you have been enjoying. Meanwhile, you may use the aid of Rapid Remittance (Web-assistance for tracking wire transfers) when you use wire transfer from your bank to send funds to your beneficiary accounts in India.
Please mail any of your queries to our customer support team at
Also the remittance options menu has disappeared.
I am also facing the same issue and when I open up the page same message pops up. I don't know if it is something to do with VA state. Have been using Click2Remit(Kotak) and Remit2India for the time being.
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nvmurali
06-02 07:06 PM
Sorry Murali, I wasn't clear in my earlier post.
1. Your new "extended for 3-yrs" H1B can be trasferred to your new employer. Your new employer files for the transfer of this approved H1B and you can work for the new employer legally with no hassles.
2. Now regarding your green card, since your PD is not current and you haven't been able to apply for AOS yet (and thus, "AOS pending for 180 days" isn't relevant either), you will have to restart your GC process - PERM and then I-140 followed by I-485 (when PD is current). At the last stage, when you apply for I-485 (AOS), you can recapture your older PD (Feb 2008), but not before that.
3. If you wait till you are able to file your AOS and then 180 days after you do file it, and THEN move to a similar job, then you won't have to restart your GC process. Now, given the current visa bulletin, this is hard to predict and there are no guarantees your job offer will still be available at that time.
Hope this clarifies my earlier post - sorry for the confusion.
This does clarify my confusion. Thankyou very much! Appreciate it. This makes me feel so much better:)
1. Your new "extended for 3-yrs" H1B can be trasferred to your new employer. Your new employer files for the transfer of this approved H1B and you can work for the new employer legally with no hassles.
2. Now regarding your green card, since your PD is not current and you haven't been able to apply for AOS yet (and thus, "AOS pending for 180 days" isn't relevant either), you will have to restart your GC process - PERM and then I-140 followed by I-485 (when PD is current). At the last stage, when you apply for I-485 (AOS), you can recapture your older PD (Feb 2008), but not before that.
3. If you wait till you are able to file your AOS and then 180 days after you do file it, and THEN move to a similar job, then you won't have to restart your GC process. Now, given the current visa bulletin, this is hard to predict and there are no guarantees your job offer will still be available at that time.
Hope this clarifies my earlier post - sorry for the confusion.
This does clarify my confusion. Thankyou very much! Appreciate it. This makes me feel so much better:)
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walking_dude
08-01 11:20 PM
Dear Tennesseans,
I have started the Tennessee chapter of IV with the approval of the IV core. I request you to join me in fighting the injustice heaped on us for no fault of ours. Like all other state chapters IV TN will be a secure and trusted group of like-mided individuals. Hence I request you to provide your full name, IV Id, PHONE NUMBER and Zip Code while submitting request to join the group.
I appreciate your concern for privacy and anonymity. But we also have to keep state chapters clear of anonymous anti-immigrants opposed to our cause. Hence no exceptions will be made to the rule. I will call and verify you as soon as I can. If you feel inconvenienced, please understand that I'll have to call and verify every one who requests to join. This is something we have to bear for the common good of our organization.
Ping me through a Private Message if you feel your request has been unduly delayed. Of course, I can't approve you if you haven't given be the mandatory information essential in approving requests. I appreciate your cooperation in this process.
If you are interested in my Bios, I have previously led the Michigan (MI) chapter. My contributions to IV includes Testimony before the MI Senate when MI state refused to issue DLs to temporary residents. I am a monthly contributor to IV, and have contributed to most of the recent IV funding drives. I am a Sep 18th rally veteran and recently visited Washington DC a few months back - in person - to lobby for some of the bills that are considered 'Hot News' today.
All this is nothing compared to what IV has given back to me as an organization. I was saved thousands of dollars due to July VB reversal. EAD helped me change jobs and leave MI in this tough economic downturn and auto companies inching toward bankruptcy. I just got my 2 year EAD today , and I thank IV for saving me hundreds of Dollars by getting EAD/AP period extended to 2 years. I don't know any other organization or person who has done so much for me. I am immensely grateful to be part of this movement.
It's my pleasure to start a volunteer group in the 'Volunteer State'. Hope we won't be short of volunteers :). It makes me nostalgic about the times MI chapter started as a group of few individuals and today boasts of 60+ members. Lets get organized here too. That's the only way to make our voices heard.
This is my promise to you - I won't ask you to do anything which I haven't done myself. And I won't force you to do anything, unless you feel that waiting for others to step up will not take you anywhere, and you feel ready to do something to help yourself and your family. When you decide to do that, you'll find me by your side working with you.
IV TN Chapter Web Address - http://groups.yahoo.com/group/ivtn
REQUESTS WITHOUT PHONE NUMBER AND COMPLETE INFO WILL NOT BE APPROVED.
I have started the Tennessee chapter of IV with the approval of the IV core. I request you to join me in fighting the injustice heaped on us for no fault of ours. Like all other state chapters IV TN will be a secure and trusted group of like-mided individuals. Hence I request you to provide your full name, IV Id, PHONE NUMBER and Zip Code while submitting request to join the group.
I appreciate your concern for privacy and anonymity. But we also have to keep state chapters clear of anonymous anti-immigrants opposed to our cause. Hence no exceptions will be made to the rule. I will call and verify you as soon as I can. If you feel inconvenienced, please understand that I'll have to call and verify every one who requests to join. This is something we have to bear for the common good of our organization.
Ping me through a Private Message if you feel your request has been unduly delayed. Of course, I can't approve you if you haven't given be the mandatory information essential in approving requests. I appreciate your cooperation in this process.
If you are interested in my Bios, I have previously led the Michigan (MI) chapter. My contributions to IV includes Testimony before the MI Senate when MI state refused to issue DLs to temporary residents. I am a monthly contributor to IV, and have contributed to most of the recent IV funding drives. I am a Sep 18th rally veteran and recently visited Washington DC a few months back - in person - to lobby for some of the bills that are considered 'Hot News' today.
All this is nothing compared to what IV has given back to me as an organization. I was saved thousands of dollars due to July VB reversal. EAD helped me change jobs and leave MI in this tough economic downturn and auto companies inching toward bankruptcy. I just got my 2 year EAD today , and I thank IV for saving me hundreds of Dollars by getting EAD/AP period extended to 2 years. I don't know any other organization or person who has done so much for me. I am immensely grateful to be part of this movement.
It's my pleasure to start a volunteer group in the 'Volunteer State'. Hope we won't be short of volunteers :). It makes me nostalgic about the times MI chapter started as a group of few individuals and today boasts of 60+ members. Lets get organized here too. That's the only way to make our voices heard.
This is my promise to you - I won't ask you to do anything which I haven't done myself. And I won't force you to do anything, unless you feel that waiting for others to step up will not take you anywhere, and you feel ready to do something to help yourself and your family. When you decide to do that, you'll find me by your side working with you.
IV TN Chapter Web Address - http://groups.yahoo.com/group/ivtn
REQUESTS WITHOUT PHONE NUMBER AND COMPLETE INFO WILL NOT BE APPROVED.
zCool
05-17 07:27 PM
you are going to have to do some type of litigation.. which court and how are questions for your lawyers.. This forum is probably not right place.. start with attorny.. make sure it's not your attornies who screwed up..
have proof of documents for all the facts
and then go file in one of the federal courts..
have proof of documents for all the facts
and then go file in one of the federal courts..
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immilaw
09-21 01:46 PM
I think we need the limit to go or at least double. I think the best way to make the congress and also the american voters happy is to NOT increase the visa numbers or bring in SKILL bill but to increase the existing 7% limit. This way they will be happy as the same number of ppl are getting PR and we will be happy as the priority dates will move forward.
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ganguteli
05-28 01:22 PM
How about Lawyers reducing their fees?
We are all paying so much to lawyers and that fees is much higher than what USCIS charges.
Why can't lawyers run a campaign or post on their blogs to reduce their fees.
We are all paying so much to lawyers and that fees is much higher than what USCIS charges.
Why can't lawyers run a campaign or post on their blogs to reduce their fees.
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ashutrip
06-18 09:38 AM
Yeah, Atlanta is hatching eggs with our PERM applications.
whats ur PD mine is march 10 2007
whats ur PD mine is march 10 2007
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seahawks
01-01 05:10 AM
congratulations after all the hardships you had to wait for. Me too had to wait 4 years (48 months) just for my labor to be approved:) Hopefully 2009 should really be a Happy New Year if we all work hard together!
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gcwait2007
09-14 08:09 PM
My company sponsored my EB-3 with PD of Feb 2007 and the I-140 was approved in Feb 2009. Based on the pending I-140, I filed my I-485 (AOS) application in July 2007. My I-485 case is still pending.
In the meantime, my company had been kind enough to agree to re-sponsor me for EB-2 PERM which was filed in Sept 2008 and the related I-140 was approved in July 2009.
Both my pending I-1485 and recently approved EB-2 I-140 share the same A number, while the earlier approved I-140 EB-3 has a different A number.
I wrote a letter to USCIS requesting them to link my recently approved EB-2 I-140 to the pending I-485, in the place of EB-3 I-140 and also port the earlier PD.
Since there is no response for more than 2 months, I called USCIS call center today. The call center person advised me that I cannot make such a porting request unless the Visa Bulletin is current for that PD of EB-2. I was shocked to hear such message. Please advise whether the call center person is correct in her interpretation. Thanks in advance.
In the meantime, my company had been kind enough to agree to re-sponsor me for EB-2 PERM which was filed in Sept 2008 and the related I-140 was approved in July 2009.
Both my pending I-1485 and recently approved EB-2 I-140 share the same A number, while the earlier approved I-140 EB-3 has a different A number.
I wrote a letter to USCIS requesting them to link my recently approved EB-2 I-140 to the pending I-485, in the place of EB-3 I-140 and also port the earlier PD.
Since there is no response for more than 2 months, I called USCIS call center today. The call center person advised me that I cannot make such a porting request unless the Visa Bulletin is current for that PD of EB-2. I was shocked to hear such message. Please advise whether the call center person is correct in her interpretation. Thanks in advance.
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sparky_jones
08-12 10:58 PM
I also got LUD of 8/12/07 today for my I-140 which was approved in June 2007. My 485 package was sent to NSC on July 20, 2007. No receipts or checks cashed. It could be a general data refresh on some cases that caused the system to record a new LUD. I doubt if it means anything.
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FinalGC
05-15 11:32 AM
shujaat:
send your all your transcripts to www.wes.org and ask them to evaluate your transcripts. They will confirm whether your education is equivalent to US Education or not.
My wife had a BA (3 years) and BEd (1 year) and after the evaluation, they considered it equivalent to a 4 year US degree with Bachelors degree.
Based on what you said, the lawyer is right, however you can use the EB2 stream using the BS+5 years requirement, rather than the MS requirement.
Hope that helps
send your all your transcripts to www.wes.org and ask them to evaluate your transcripts. They will confirm whether your education is equivalent to US Education or not.
My wife had a BA (3 years) and BEd (1 year) and after the evaluation, they considered it equivalent to a 4 year US degree with Bachelors degree.
Based on what you said, the lawyer is right, however you can use the EB2 stream using the BS+5 years requirement, rather than the MS requirement.
Hope that helps
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paisa
07-24 03:59 PM
Hello Guys,
My attorney send I485,AP, EAD application to USCIS with my present passport. This passport expires on August 08, 2007. Will there be any problems for this? Please let me know. Thanks......
No issues here my lawyers at Fragomen told me the same my passpory was expiring Aug 3rd 2007 infact I had my passport renewed when they were to send my 485 application. My lawyer said 485 has nothing to do with passport so no worries.
My attorney send I485,AP, EAD application to USCIS with my present passport. This passport expires on August 08, 2007. Will there be any problems for this? Please let me know. Thanks......
No issues here my lawyers at Fragomen told me the same my passpory was expiring Aug 3rd 2007 infact I had my passport renewed when they were to send my 485 application. My lawyer said 485 has nothing to do with passport so no worries.
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meridiani.planum
07-10 09:22 PM
inline...
Hi,
My friend has this scenario and want expert advise from IV members.
- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months.
- Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
I485 (July fiasco)
- I140 still pending
Question:
1. Does L1 period is counted for H1 extention?
-- yes, time in both L1 and H1 counts together towards those 6 years. Its the time in L2/H4 that was decoupled a year or so ago.
2. Can he do H1 transfer using AC21 without I140 approval?
As 6 years are going to be expired?
yes, he will get a one year extension since his LC is atleast one yaer old.
3. What if the old employer revokes his I140 now? His GC process is invalid?
yes, the GC process ends right there. If he has transferred his H1 in the meantime and got an extension, the USCIS position so far has been that the extension remains valid, even though the underlying LC/I-140 are gone. The law itself is somewhat unclear, but till now the USCIS has not come back and revoked anyone's H1 extension (that I know of) because the underlying I\-140/LC are gone.
4. If we leave about GC, Can he do H1 transfer atleast?
yes he can, but he will need to start another labor ASAP from new employer to get any extension past this one year. He will also lose his old PD and will have a 2008/2009 PD.
He will also need a copy of his labor certificate to be able to file a transfer+extension.
At this stage the only thing between him and AC-21 freedom is that I-140 getting approved. So unless you know the I-140 is going to be denied, I would advise him to try his best to stay on with this employer until the I-140 is approved
Hi,
My friend has this scenario and want expert advise from IV members.
- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months.
- Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
I485 (July fiasco)
- I140 still pending
Question:
1. Does L1 period is counted for H1 extention?
-- yes, time in both L1 and H1 counts together towards those 6 years. Its the time in L2/H4 that was decoupled a year or so ago.
2. Can he do H1 transfer using AC21 without I140 approval?
As 6 years are going to be expired?
yes, he will get a one year extension since his LC is atleast one yaer old.
3. What if the old employer revokes his I140 now? His GC process is invalid?
yes, the GC process ends right there. If he has transferred his H1 in the meantime and got an extension, the USCIS position so far has been that the extension remains valid, even though the underlying LC/I-140 are gone. The law itself is somewhat unclear, but till now the USCIS has not come back and revoked anyone's H1 extension (that I know of) because the underlying I\-140/LC are gone.
4. If we leave about GC, Can he do H1 transfer atleast?
yes he can, but he will need to start another labor ASAP from new employer to get any extension past this one year. He will also lose his old PD and will have a 2008/2009 PD.
He will also need a copy of his labor certificate to be able to file a transfer+extension.
At this stage the only thing between him and AC-21 freedom is that I-140 getting approved. So unless you know the I-140 is going to be denied, I would advise him to try his best to stay on with this employer until the I-140 is approved
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fromnaija
03-18 04:53 PM
This is the wrong forum for you to ask this question. However, I know that (c)(9) is not correct on line 16 for your wife's case. (c)(9) is only for Employment Based GC applicants.
That is not true! (c)(9) is the right code for all pending adjustment of status applicants. See the instruction to Form I-765 here:
http://www.uscis.gov/files/form/I-765instr.pdf
That is not true! (c)(9) is the right code for all pending adjustment of status applicants. See the instruction to Form I-765 here:
http://www.uscis.gov/files/form/I-765instr.pdf
more...
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chenche19
04-01 09:20 PM
Hi, thanks for the response. I will update my profile. I just joined the forum today.
Yes, the reason of the denial is the lack of initial evidence... my MTR addressed those items so I hope the MTR will be approved.
My notice of action on my MTR was received in a week and a half after I submitted my MTR - by the way, I submitted it as a MTR and I got a receipt saying it's a MOTIC.
I did file my I-140 and I-485's (mine's and my wife's) concurrently and my receipt dates is July 13, 2007 -the infamouse visa gate period-. i filed my applications to the Texas Center.
My I-140 was approved on November 08' after an RFE.
adibhatla,
what's your I-485 receipt date?
Yes, the reason of the denial is the lack of initial evidence... my MTR addressed those items so I hope the MTR will be approved.
My notice of action on my MTR was received in a week and a half after I submitted my MTR - by the way, I submitted it as a MTR and I got a receipt saying it's a MOTIC.
I did file my I-140 and I-485's (mine's and my wife's) concurrently and my receipt dates is July 13, 2007 -the infamouse visa gate period-. i filed my applications to the Texas Center.
My I-140 was approved on November 08' after an RFE.
adibhatla,
what's your I-485 receipt date?
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sunny1000
01-01 06:16 PM
Dear fellow IV'ians,
I just wanted to share my good news with all of you on the cusp of a New Year. I am ecstatic to announce that my 140 got approved after a nerve wracking 17 months.
I have been rewarded with this blessing at the end of an absolutely horrendous year, to say the least. It started with being on bench for 5 months, to a 2-month contract in another city on H1-B through 3 layers, working hard as a mule whilst at the same time thinking positive, praying and believing in myself. Then extending contract by 3 months, abandoning H1B to use EAD due to ridiculous treatment by my H1 employer of 8 yrs. (it was the proverbial last straw on the back). Finally after this effort, contract extended through 12/31/09 culminating just yesterday by the approval of my 140!! "Hoped for the Best but prepared for the Worst"!
It came at a moment when I was almost ready to give in, throw up my hands in despair and start the tedious process all over again. But I always believed there was a silver lining in the clouds for me and it has just now opened up.
I want to thank everybody for reading and providing a fellow immigrant support and answers throughout this arduous journey. As a token of my appreciation for IV, I will contribute $140 towards our campaigns for next year.
{PayPal Payment Sent to "donations@immigrationvoice.org" (Unique Transaction ID #85N48789NY4311439)}
And lastly - Wish You a Happy & Prosperous 2009!! Be safe everybody.
congrats! Wish you and all IVans a very Happy 2009!
I just wanted to share my good news with all of you on the cusp of a New Year. I am ecstatic to announce that my 140 got approved after a nerve wracking 17 months.
I have been rewarded with this blessing at the end of an absolutely horrendous year, to say the least. It started with being on bench for 5 months, to a 2-month contract in another city on H1-B through 3 layers, working hard as a mule whilst at the same time thinking positive, praying and believing in myself. Then extending contract by 3 months, abandoning H1B to use EAD due to ridiculous treatment by my H1 employer of 8 yrs. (it was the proverbial last straw on the back). Finally after this effort, contract extended through 12/31/09 culminating just yesterday by the approval of my 140!! "Hoped for the Best but prepared for the Worst"!
It came at a moment when I was almost ready to give in, throw up my hands in despair and start the tedious process all over again. But I always believed there was a silver lining in the clouds for me and it has just now opened up.
I want to thank everybody for reading and providing a fellow immigrant support and answers throughout this arduous journey. As a token of my appreciation for IV, I will contribute $140 towards our campaigns for next year.
{PayPal Payment Sent to "donations@immigrationvoice.org" (Unique Transaction ID #85N48789NY4311439)}
And lastly - Wish You a Happy & Prosperous 2009!! Be safe everybody.
congrats! Wish you and all IVans a very Happy 2009!
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GCwaitforever
10-20 04:17 PM
Hi Blue,
My advice is go for premium I-140 and file for I-485+EAD+AP. Advantages:
1. Spouse will have EAD.
2. Spouse would not need H4 renewal, which is savings to you (EAD/AP renewal is another matter).
3. After six months, you can use AC21 provisions. Your I-140 is safe.
4. Uncertainity of layoffs is gone and it brings piece of mind after six months.
5. You will be starting the FBI name check along with I-485 filing. By advancing your I-485 with premium I-140 filing, you will be cutting down the time it takes to get GC.
6. You/spouse can go for multiple jobs.
My advice is go for premium I-140 and file for I-485+EAD+AP. Advantages:
1. Spouse will have EAD.
2. Spouse would not need H4 renewal, which is savings to you (EAD/AP renewal is another matter).
3. After six months, you can use AC21 provisions. Your I-140 is safe.
4. Uncertainity of layoffs is gone and it brings piece of mind after six months.
5. You will be starting the FBI name check along with I-485 filing. By advancing your I-485 with premium I-140 filing, you will be cutting down the time it takes to get GC.
6. You/spouse can go for multiple jobs.
wandmaker
10-07 07:36 PM
My wife is in a similar situation. I-94 validity matches passport expiry (Dec 2008) , but H1 visa stamp is until Mar 2010. She has a new passport, but we are not sure if she will be out of status if she does not get a new I-94 and stays in the country beyond Dec 2008.
Get your I-94 corrected - BTW, staying beyond I-94 date is unlawful and you will be barred from entering US.
Get your I-94 corrected - BTW, staying beyond I-94 date is unlawful and you will be barred from entering US.
a1b2c3
05-21 11:54 AM
please reply in case you need more info
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