MOONNLIGHT
12-09 06:22 PM
I was born in Bangladesh and during my childhood I moved to India. In all my documents like school leaving certificate and Indian passport, the birth place is mentioned as India. I do not have any birth certificate either from Bangladesh or India and my plan is to use affidavit and non-availability certificate in lieu of birth certificate issued from municipality or other authorized body. In my entire US visa processing documents and petitions like H1B, I-140 etc. my birth places is mentioned as India. Can I still claim Bangladesh as the chargeable country for the purpose of visa allocation during the I-485 stage? If I claim Bangladesh to be my country of birth, will this be viewed as if I have provided wrong information in my earlier petitions? What could be other consequences?
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08OCT2008
08-24 12:24 PM
I believe they would process the application within 15 days. It doesnt necessarily have to be an approval or denial, they can even send a RFE.
Once you respond to the RFE, its not necessary that they have to process your case with in 15 days.
Once you respond to the RFE, its not necessary that they have to process your case with in 15 days.
snhn
11-06 11:05 AM
here is what uscis says about lud
* Note on "Last Updated" date:
Your case may have a new "Last Updated" date and you may receive an Email Notification of your case being updated, without the status of the case changing. This is due to internal USCIS processing being performed on your Case. This will be reflected in the "Last Updated" date, but may not result in a different status message
For all the folks who have done FP and have received their EADs, did anyone ofyou got any LUDS on your AP case since the receitp date. If so, please let us know how many LUDS and how often you go them.
* Note on "Last Updated" date:
Your case may have a new "Last Updated" date and you may receive an Email Notification of your case being updated, without the status of the case changing. This is due to internal USCIS processing being performed on your Case. This will be reflected in the "Last Updated" date, but may not result in a different status message
For all the folks who have done FP and have received their EADs, did anyone ofyou got any LUDS on your AP case since the receitp date. If so, please let us know how many LUDS and how often you go them.
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FLYPIG
10-16 04:41 PM
320k make majority sitting and hatching.
800k will make majority jumping and fighting.
what is real number again??
800k will make majority jumping and fighting.
what is real number again??
more...
satyasaich
06-14 08:16 AM
I'm also seriously planning to file on my own. Well, there is no law that stops us, but certainly needs some tips from experienced people.
Infact as per the checklist, i have all the documents except a letter from employer. That i can get anytime. my big question is are there any other documents that need to be put together (which are not in checklist)
Any help seniors????
Gurus...
Can I file 485 on my own. My 140 is approved.
If so, what is the procedure.
Thanks
Infact as per the checklist, i have all the documents except a letter from employer. That i can get anytime. my big question is are there any other documents that need to be put together (which are not in checklist)
Any help seniors????
Gurus...
Can I file 485 on my own. My 140 is approved.
If so, what is the procedure.
Thanks
mkiv
03-24 12:58 PM
Totally irrelevant to this forum. Administrator please review this thread.
I know this is irrelevant in a way but see it from a different angle for one moment. There is no other forum where you can get any information about these H1 employers who are playing games using retrogression. This is the only forum where most of the people on H1 are related to some desi consulting company and can share their experiences which would help other people who are in huge pain due to the unfair practices of their existing employers.
I would recommend the administrators to create a separate area on this forum where people can share these experiences and find genuine employers.
I know this is irrelevant in a way but see it from a different angle for one moment. There is no other forum where you can get any information about these H1 employers who are playing games using retrogression. This is the only forum where most of the people on H1 are related to some desi consulting company and can share their experiences which would help other people who are in huge pain due to the unfair practices of their existing employers.
I would recommend the administrators to create a separate area on this forum where people can share these experiences and find genuine employers.
more...
guchi472000
11-22 02:35 PM
Thank you very much for your response.
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ya3
04-17 07:37 AM
rofl!!!!!!!! :beer: I use messenger but still, its very funny!
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Thanks for the props, guys. I hope the K-man'll accept it... :sure:
//Gah! Sifn't Trillian :P
Thanks for the props, guys. I hope the K-man'll accept it... :sure:
more...
perm2gc
09-13 01:22 PM
If we do premium process, does this increase the change of rejection?
No..
No..
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gc_on_demand
05-27 12:15 PM
Aha I see ... yes she can stay in the US beyond the I-94 date as long as the extension application is pending. From the postings i can recollect that in case of a denial the unlawful presence starts from the decision date.
also if you get denial stamp no longer be valid. This is what I also read online.
also if you get denial stamp no longer be valid. This is what I also read online.
more...
toosunneo
01-31 01:18 PM
I would appreciate if someone could answer the following question. Before I ask my question, below is a brief background:
- H-1b Date Started: October 2005
- Current H-1b expiration: August 2010 (when I switched my last job in August 2007, they extended for 3 years)
- Date of filing labor: January 10, 2010
- Time outside US on H-1b: about 90 days.
My attorney at work said that I would still need approximately another two months (comfortably) of time outside of the US that they can recapture. This extension would take me into late January 2011, more than one year past the point of the PERM filing. They can, at that point, apply for a 'seventh year' H-1B extension based on my PERM process having been pending for more than one year.
Here is my question. Since I am currently in my fifth year of my h-1b, would it be possible now to apply for the sixth year of h-1b visa until October 2011 instead of looking at seventh year? I started my h-1b in October 2005. Therefore, I have until six years before my h-1b visa can expire, is that correct? If this is not correct, I would appreciate if anyone has any other suggestions to avoid travelling for 2 months out of US prior to July 2010.
Thank you.
- H-1b Date Started: October 2005
- Current H-1b expiration: August 2010 (when I switched my last job in August 2007, they extended for 3 years)
- Date of filing labor: January 10, 2010
- Time outside US on H-1b: about 90 days.
My attorney at work said that I would still need approximately another two months (comfortably) of time outside of the US that they can recapture. This extension would take me into late January 2011, more than one year past the point of the PERM filing. They can, at that point, apply for a 'seventh year' H-1B extension based on my PERM process having been pending for more than one year.
Here is my question. Since I am currently in my fifth year of my h-1b, would it be possible now to apply for the sixth year of h-1b visa until October 2011 instead of looking at seventh year? I started my h-1b in October 2005. Therefore, I have until six years before my h-1b visa can expire, is that correct? If this is not correct, I would appreciate if anyone has any other suggestions to avoid travelling for 2 months out of US prior to July 2010.
Thank you.
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kondur_007
04-17 10:35 AM
I have the following status working with the original H1B employer who filed for my green card petition:
1) PD Jan, 2007, EB3-I
2) I-140 approved and pending AOS
3) 2 yrs. EAD available, expiring Sep. 2011
4) H1B will be expiring within 3 months (1 year left from 6 years limit)
My questions,
1) Can I use EAD instead of extending H1B? I want to stay with the same employer as a
full time employee.
2) If yes, is it required to inform INS? How and when?
3) In that case, how me, my son (middle school student, H4 & pending AOS) and wife's (EAD & pending AOS) stay in US will be justified with no valid I-94 (assuming I am not extending H1B anymore) ?
Answers to my above questions will be highly appreciated.:confused:
Answers:
1. Yes you can.
2. You do not need to inform INS as such; all you need to do (when you change from h1 to EAD) is to fill out new I-9 form with your employer. Ask your employer/HR dept and it is very easy form to fill out; that basically changes your job status from "H1 to EAD".
3. As long as their AOS is pending, they are all legal; I 94 does not matter. They are in authorized period of stay. Of course, their H4 status will be gone.
Only issue in doing this, is just in case, (by bad luck or something) if your 485 gets denied, then all three of you may not have anything to "fall back on". That is the one risk you take when you let your H1 go. Other than that, make sure everyone has AP (whenever they travel outside) and EAD (if they work/study) and you will be fine.
Good Luck.
1) PD Jan, 2007, EB3-I
2) I-140 approved and pending AOS
3) 2 yrs. EAD available, expiring Sep. 2011
4) H1B will be expiring within 3 months (1 year left from 6 years limit)
My questions,
1) Can I use EAD instead of extending H1B? I want to stay with the same employer as a
full time employee.
2) If yes, is it required to inform INS? How and when?
3) In that case, how me, my son (middle school student, H4 & pending AOS) and wife's (EAD & pending AOS) stay in US will be justified with no valid I-94 (assuming I am not extending H1B anymore) ?
Answers to my above questions will be highly appreciated.:confused:
Answers:
1. Yes you can.
2. You do not need to inform INS as such; all you need to do (when you change from h1 to EAD) is to fill out new I-9 form with your employer. Ask your employer/HR dept and it is very easy form to fill out; that basically changes your job status from "H1 to EAD".
3. As long as their AOS is pending, they are all legal; I 94 does not matter. They are in authorized period of stay. Of course, their H4 status will be gone.
Only issue in doing this, is just in case, (by bad luck or something) if your 485 gets denied, then all three of you may not have anything to "fall back on". That is the one risk you take when you let your H1 go. Other than that, make sure everyone has AP (whenever they travel outside) and EAD (if they work/study) and you will be fine.
Good Luck.
more...
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immi2006
07-02 08:55 AM
If you know sources from well known place pls quote.
No need to create rumor and panic. Sorry - no offence intended.
We are all stressed out as it is.. let us wait for official note on this.
I heard USCIS already retrogressed and rejecting Jul filer? is it true. need urgent help :mad: :mad:
No need to create rumor and panic. Sorry - no offence intended.
We are all stressed out as it is.. let us wait for official note on this.
I heard USCIS already retrogressed and rejecting Jul filer? is it true. need urgent help :mad: :mad:
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frostrated
12-01 11:37 AM
you can file a new application from scratch in EB2. you will not be able to use your husband's PD. And there will be no interuption to any case.
more...
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shreekhand
02-22 09:33 AM
:) Only if your GC is based on marriage to a US Citizen. Otherwise all Family Based GC's also need 5 years.
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gotgc?
09-06 06:44 PM
Hi Guys,
I filed my EB3 I-140 to TSC in June 2006 and it is still pending (yes..really more than 450 days and counting...) Then in July 2007, I filed my AOS with NSC. Today, I got an email from CRIS stating that
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: This case has been sent to another office for processing.
On September 4, 2007, we transferred this I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you.
It is transferred to NSC because my AOS is filed with NSC? Have any one had this status change in the past? After this, how long did it tak to get your I-140 approved?
I am just curious because can I feel happy that atleast some progress? As you know, I am waiting for my I-140 for more than a year...
I filed my EB3 I-140 to TSC in June 2006 and it is still pending (yes..really more than 450 days and counting...) Then in July 2007, I filed my AOS with NSC. Today, I got an email from CRIS stating that
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: This case has been sent to another office for processing.
On September 4, 2007, we transferred this I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you.
It is transferred to NSC because my AOS is filed with NSC? Have any one had this status change in the past? After this, how long did it tak to get your I-140 approved?
I am just curious because can I feel happy that atleast some progress? As you know, I am waiting for my I-140 for more than a year...
more...
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same_old_guy
03-19 05:39 PM
If you are on payroll, it means you are still employed by that company. Consider this as bench period. The company may not pay you the whole salary or part of it but you are still employed. This creates problem sometime. You should ask your employer to consider you as on unpaid leave or vacation. You dont have to leave the country. Few days are ok as long as you get a new job elsewhere and transfer your H1. I think 30 days is good. Your first and foremost goal is to get a job at any cost. That should happen before you are out of payroll of your current company. That means within 30 days.
Once you are out of 30 days and dont have a job, you are out of status. That means you are here illegally. Your counter starts. There is no guideline how long you can stay here like that but more than 180 days will definitely create problem for you in the long run.
Coming to H1 transfer, if you can transfer the job within 30 days, you are good. No harms done. Although sometime you get RFE to show the income for that period if W2 shows very low number. There should some sort of parity with LCA minimum wage in H1 with W2. But 30 days of non-payment should not be a big issue as long as you can prove you were employed at that time with your H1 petitioner.
If you are out of status, there is not much you can do about it except get a job soon enough. There are people who got H1 transfer without any issue. But there is a greater chance it might come up as RFE in H1 or later in GC.
If you are here more that 180 days, you are in serious trouble.
In any case, talk to a lawyer. People here in this forum are good for some basic general advice but a case like yours should be consulted with a professional.
Once you are out of 30 days and dont have a job, you are out of status. That means you are here illegally. Your counter starts. There is no guideline how long you can stay here like that but more than 180 days will definitely create problem for you in the long run.
Coming to H1 transfer, if you can transfer the job within 30 days, you are good. No harms done. Although sometime you get RFE to show the income for that period if W2 shows very low number. There should some sort of parity with LCA minimum wage in H1 with W2. But 30 days of non-payment should not be a big issue as long as you can prove you were employed at that time with your H1 petitioner.
If you are out of status, there is not much you can do about it except get a job soon enough. There are people who got H1 transfer without any issue. But there is a greater chance it might come up as RFE in H1 or later in GC.
If you are here more that 180 days, you are in serious trouble.
In any case, talk to a lawyer. People here in this forum are good for some basic general advice but a case like yours should be consulted with a professional.
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looivy
09-01 05:13 PM
Gurus,
I work for company X and in my 9th year H1-B visa. X has filed for my Eb-3 labor and I-140 and I am currently AOS (July 07 filer) on my I-485. X recently extended my H1 through Oct 2012.
I have an offer from company Y. Company Y is asking me if I want H1 extension or H1 transfer? What should I answer them. Which one ensures that I have a 3 year extension. Please advise ASAP.
Thanks.
I work for company X and in my 9th year H1-B visa. X has filed for my Eb-3 labor and I-140 and I am currently AOS (July 07 filer) on my I-485. X recently extended my H1 through Oct 2012.
I have an offer from company Y. Company Y is asking me if I want H1 extension or H1 transfer? What should I answer them. Which one ensures that I have a 3 year extension. Please advise ASAP.
Thanks.
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FLYPIG
10-16 04:41 PM
320k make majority sitting and hatching.
800k will make majority jumping and fighting.
what is real number again??
800k will make majority jumping and fighting.
what is real number again??
Abhishika
12-14 07:46 AM
Administrators?
Why this is not coming in the front page?
Is this posting wrong?
Thank You....
Why this is not coming in the front page?
Is this posting wrong?
Thank You....
satyasaich
06-28 09:36 AM
yes.
Unless the first company cancels their H1B
Unless the first company cancels their H1B
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