wandmaker
11-05 01:28 PM
Hi guys,
My LCA got denied today (reason unknown) and my H1-B has expired on Nov. 1 as well. :(
I also have a pending I-485 petition with approved I-140. I also have a valid EAD. So I assume, I am currently shifted to AOS pending status working on EAD.
My question is whether this denial negatively affects my pending I-485 application? I assume not but just wanted to confirm anyways :confused:
Thanks for you responses.
Your H1B LCA denial will not have negative impacts on your GC. To keep the records clean, fill out a new I-9 form and submit to HR.
My LCA got denied today (reason unknown) and my H1-B has expired on Nov. 1 as well. :(
I also have a pending I-485 petition with approved I-140. I also have a valid EAD. So I assume, I am currently shifted to AOS pending status working on EAD.
My question is whether this denial negatively affects my pending I-485 application? I assume not but just wanted to confirm anyways :confused:
Thanks for you responses.
Your H1B LCA denial will not have negative impacts on your GC. To keep the records clean, fill out a new I-9 form and submit to HR.
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moonrah
05-11 06:23 PM
I think you are talking about labor certification, but how about I-140
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sunofeast_gc
01-15 01:49 PM
Sec. 45. 2 Priority date of applicants.
"The priority date of an alien who is the beneficiary of a petition approved by the Service to accord status under section 124 of Public Law 101-649 shall be the filing date of the approved petition, as determined by the Immigration and Naturalization Service. The priority date of the spouse or child, accompanying or following to join such an alien shall be the priority date of the alien spouse or parent. "
As it sound to me It means PD of primary applicant will be the PD of spouse and child.
"The priority date of an alien who is the beneficiary of a petition approved by the Service to accord status under section 124 of Public Law 101-649 shall be the filing date of the approved petition, as determined by the Immigration and Naturalization Service. The priority date of the spouse or child, accompanying or following to join such an alien shall be the priority date of the alien spouse or parent. "
As it sound to me It means PD of primary applicant will be the PD of spouse and child.
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greendream
08-11 03:28 PM
Folks,
I got an RFE (first time) for my 485 and my lawyer responded (sent it through post) on August, 9th, 2010. I am wondering, how long USCIS takes to update the status online? I just want to make sure USCIS received my RFE, that�s all I care.
Thanks much.
G.
I got an RFE (first time) for my 485 and my lawyer responded (sent it through post) on August, 9th, 2010. I am wondering, how long USCIS takes to update the status online? I just want to make sure USCIS received my RFE, that�s all I care.
Thanks much.
G.
more...
rangaswamy
08-18 01:51 PM
Big goof up on AP document, my spouses document had my alien number. Thankfully, they recognized it as a USCIS mistake and let her in. She had to wait 3 hours for processing, they also took both AP forms and set up and appointment at USCIS office in SF.
I have to go to SF tomorrow. Couple of qns that some one may be able to answer
1) What should i expect tomorrow?
2) When im there can i ask them any question regarding the status of my case?
On a separate note, i heard from a friend that AP is getting approved in 15 days now. Is that a one off case?
Thx
I have to go to SF tomorrow. Couple of qns that some one may be able to answer
1) What should i expect tomorrow?
2) When im there can i ask them any question regarding the status of my case?
On a separate note, i heard from a friend that AP is getting approved in 15 days now. Is that a one off case?
Thx
roseball
03-07 11:03 PM
My company filed my 7th year H1 extension and my wife's H4 petition at the same time in Dec 2006. USCIS online case status shows received and in process for both H1 and H4.
Recently, we upgraded to premium processing. However, only the H1 case status now shows as being done under premium processing. Does that mean that only my H1 will be premium processed and not H4 even though they both were filed together. Is this normal. I am hoping both H1 and H4 will be premium processed. I know that USCIS adjudicates H4 also in premium processing for such cases as a courtesy. Just wanted to know if anyone has been under similar situation before and got only their H1 approved in premium and not H4....The whole purpose of me upgrading to PP was to get H4 approved before the H1 quota begins in April as our H1/H4 were expiring this summer and my wife's employer is filing a H1 COS petition for her in PP under the 2008 H1 quota....Didn't want to take any chance of her H1 COS getting approved without a I-94 because of her current H4 expiring in summer.
Thanks in advance.
Recently, we upgraded to premium processing. However, only the H1 case status now shows as being done under premium processing. Does that mean that only my H1 will be premium processed and not H4 even though they both were filed together. Is this normal. I am hoping both H1 and H4 will be premium processed. I know that USCIS adjudicates H4 also in premium processing for such cases as a courtesy. Just wanted to know if anyone has been under similar situation before and got only their H1 approved in premium and not H4....The whole purpose of me upgrading to PP was to get H4 approved before the H1 quota begins in April as our H1/H4 were expiring this summer and my wife's employer is filing a H1 COS petition for her in PP under the 2008 H1 quota....Didn't want to take any chance of her H1 COS getting approved without a I-94 because of her current H4 expiring in summer.
Thanks in advance.
more...
anilsal
12-13 01:15 PM
The conference call will be deferred to the same time (8pm Central, 9pm Eastern) on December 16, 2006. This is to accomodate Pappu to give an update on what exactly happened in DC.
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simbasimba
03-26 01:16 PM
TO HRPRO: Thanks for your advise, going back to do the formalaties wont be an option, but yes she can go back to apply from over there for a H4, we are planning to send our docs to the embassy so that we can get a marriage certificate from her country, will that help?
Anyone with a second opinion on my case. Thanks!
Anyone with a second opinion on my case. Thanks!
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Vic
02-07 04:49 PM
Just carrying a copy of the receipt is sufficient. Normally the officer will only be interested in the passport and original AP document - that was my experience recently coming into the country.
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Iammontoya
04-12 07:36 PM
there's a tutorial in the swift3d tutorial section that teaches you how to do this.
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swarnapuri
09-12 11:24 AM
Check this forum for similar info...
http://www.immigrationportal.com/showthread.php?t=161571&page=260&pp=15
http://www.immigrationportal.com/showthread.php?t=161571&page=260&pp=15
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wait_2010
08-18 04:21 PM
Thanks Raj for the immediate reply.
But just in case if I want to have all my I - 94s where can I get them. Just in case if I have missed them.
Thanks
I dont think you will need them . I am also filing premium 140 and lawyer has nOT asked for all I94s ..ONly the recent one..Dont worry much if you dont have all of them
But just in case if I want to have all my I - 94s where can I get them. Just in case if I have missed them.
Thanks
I dont think you will need them . I am also filing premium 140 and lawyer has nOT asked for all I94s ..ONly the recent one..Dont worry much if you dont have all of them
more...
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st4rguitar
04-06 01:22 PM
Hi,
My Company applied PERM in Sept'07 at Chicago. Till now company hasn't heard back yet and now employer is planning to file one more PERM appl. through different Lawyer. Can we file one more application without hearing/know the first case status?
Appreciate the reply.
Thx...
You cannot file a new PERM under the same position under the same company while the other one is still pending.
The DOL states an "average" processing time of 90 days, which may be extended based on whether or not an audit or multiple audits are issued. We are however noticing the average processing time is about 4 months or so.
My Company applied PERM in Sept'07 at Chicago. Till now company hasn't heard back yet and now employer is planning to file one more PERM appl. through different Lawyer. Can we file one more application without hearing/know the first case status?
Appreciate the reply.
Thx...
You cannot file a new PERM under the same position under the same company while the other one is still pending.
The DOL states an "average" processing time of 90 days, which may be extended based on whether or not an audit or multiple audits are issued. We are however noticing the average processing time is about 4 months or so.
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sixburgh
08-13 10:04 AM
I arrived through IAD (Washington Dulles Airport) on 12th morning.
I am on AOS 485 pending, EB3-I.
But entered on H1.
ZERO questions asked or any issues encountered at IAD.
There was only 1 officer assigned to take care of non-US citizens.
I am on AOS 485 pending, EB3-I.
But entered on H1.
ZERO questions asked or any issues encountered at IAD.
There was only 1 officer assigned to take care of non-US citizens.
more...
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skakodker
02-14 05:04 PM
Hello All,
I have my EAD as does my wife. We are still on valid H1s (until 2009) and I have no plans to change my employer. We also received our travel documents. The question I have, and need your input on is can my wife travel (to India) and back on her H4 (even though we've filed for adjustment of status) or does she have to use her Advance Parole to do so?
I apologise if this question's been asked before and thank you in advance for your answers. Please email the same to me at skakodker@hotmail.com if you feel that is more convenient.
Best regards,
Sunil
I have my EAD as does my wife. We are still on valid H1s (until 2009) and I have no plans to change my employer. We also received our travel documents. The question I have, and need your input on is can my wife travel (to India) and back on her H4 (even though we've filed for adjustment of status) or does she have to use her Advance Parole to do so?
I apologise if this question's been asked before and thank you in advance for your answers. Please email the same to me at skakodker@hotmail.com if you feel that is more convenient.
Best regards,
Sunil
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snathan
10-11 10:58 PM
HI,
Some one could you please let me know how and where I can give complaint about H1B holding company.
Would you mind to tell us who you are first and whats the complaint.
Some one could you please let me know how and where I can give complaint about H1B holding company.
Would you mind to tell us who you are first and whats the complaint.
more...
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Blog Feeds
07-30 06:30 PM
The American Immigration Lawyers Association (AILA) has applauded the brainstorm of ideas in a draft memo from the United States Citizenship and Immigration Services (USCIS). The now-public draft, leaked without the permission of USCIS, examines the legal framework of immigration and explores possible solutions. AILA commends this reflection of the pursuit of the rule of law and the willingness of USCIS leadership to take up this thorough examination.
"We have in the past seen many attempts to scour the law to find justification for draconian, and ultimately unhelpful, ways to make immigrants' lives miserable," said AILA president David Leopold. "This draft document tries to think through ways to make the legal immigration system work in support of sensible law enforcement. It respects the law and respects the people who must deal with the law. For that, the administration is to be congratulated, even if none of the proposals is ever carried out." He added that many of these proposals should be carried out. Long-needed regulations to help children and crime victims caught in the system should be published. Men and women fighting for America in the U.S. military should have the comfort of knowing that their families are safe from being deported. Immigration policies that encourage investment in America and creation of jobs should be emphasized and expanded. These are but a few of several excellent proposals in this document.
"We will never effectively address illegal immigration until we develop a legal immigration system that actually works and that offers people a realistic alternative to illegality," added AILA Executive Director Crystal Williams. "Congress has thus far refused to act. Administration officials at least are trying to find ways to help fill this vacuum," Williams stated.
More... (http://www.visalawyerblog.com/2010/07/san_diego_immigration_lawyer_d_1.html)
"We have in the past seen many attempts to scour the law to find justification for draconian, and ultimately unhelpful, ways to make immigrants' lives miserable," said AILA president David Leopold. "This draft document tries to think through ways to make the legal immigration system work in support of sensible law enforcement. It respects the law and respects the people who must deal with the law. For that, the administration is to be congratulated, even if none of the proposals is ever carried out." He added that many of these proposals should be carried out. Long-needed regulations to help children and crime victims caught in the system should be published. Men and women fighting for America in the U.S. military should have the comfort of knowing that their families are safe from being deported. Immigration policies that encourage investment in America and creation of jobs should be emphasized and expanded. These are but a few of several excellent proposals in this document.
"We will never effectively address illegal immigration until we develop a legal immigration system that actually works and that offers people a realistic alternative to illegality," added AILA Executive Director Crystal Williams. "Congress has thus far refused to act. Administration officials at least are trying to find ways to help fill this vacuum," Williams stated.
More... (http://www.visalawyerblog.com/2010/07/san_diego_immigration_lawyer_d_1.html)
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ultimo
10-01 01:39 PM
only after getting EAD card . if u have ssn then u can try
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anurag
04-05 11:19 AM
My wife went to US consulate in Kuwait for her H4 stamping on Feb 18th. During the interview she was informed that some administrative process on their end was not completed and asked to pay for the DHL service and was told that she would be contacted by DHL who would collect her passport, get the visa stamped and return it to her. She was also told that it should not take more than 2 weeks.. On her application form, the interviewer wrote NO PIM.
Since then it has been a harrowing time for us. It has been 6 weeks, since then and we still have not heard anything. We have tried contacting the consulate using phone, email and at times my wife personally went to the consulate but she was not allowed to enter. We do not hear anything back from them.
I can understand a couple of weeks, but now its more than 6 weeks and counting. We have already cancelled her and my son's flight tickets once. We have rescheduled my son's doctor's appointment. This delay is having a domino effect on our lives.
My question is - Is there anything that we can do to expedite this process.
Thank you looking at this thread
Since then it has been a harrowing time for us. It has been 6 weeks, since then and we still have not heard anything. We have tried contacting the consulate using phone, email and at times my wife personally went to the consulate but she was not allowed to enter. We do not hear anything back from them.
I can understand a couple of weeks, but now its more than 6 weeks and counting. We have already cancelled her and my son's flight tickets once. We have rescheduled my son's doctor's appointment. This delay is having a domino effect on our lives.
My question is - Is there anything that we can do to expedite this process.
Thank you looking at this thread
krishna_777
05-08 01:42 PM
I am currently on the H1B 7th Year Extension with I-140 Approved stage from the existing company. My Priority date is Oct 2001 under India EB3. I will be moving to the fortune company starting from next month and they are ready to sponsor my green card with existing priority date. I got the copy of the 140 from my existing company and submitted the same to the new one.
Couple of days I read in the immigration articles that EB2 & EB3 dates for India may move little bit during the summer months starting from June. In that case, what are the options available for me for filing I-485 if my dates becomes current.
Can I request my old company to file for I-485 and move to new company on H1?? Or can I contact an attorney for filing my I-485 with my current documentation and work with new company on H1??
Any help and guidence on this is really appreciated. I want to exercise all the possible options when the dates are becoming current for me. If I want to file the green card from the new company, I need to wait for 6 - 9 months. However, they will use the old priority date for filing the Labor & 140.
Please help & guide me on this.
Couple of days I read in the immigration articles that EB2 & EB3 dates for India may move little bit during the summer months starting from June. In that case, what are the options available for me for filing I-485 if my dates becomes current.
Can I request my old company to file for I-485 and move to new company on H1?? Or can I contact an attorney for filing my I-485 with my current documentation and work with new company on H1??
Any help and guidence on this is really appreciated. I want to exercise all the possible options when the dates are becoming current for me. If I want to file the green card from the new company, I need to wait for 6 - 9 months. However, they will use the old priority date for filing the Labor & 140.
Please help & guide me on this.
INSpector
07-24 09:58 PM
I've been reading a lot regarding how many people is submitting their application this month, some how after see the possible figures I feel demoralized, looks like before July 2007 all of us were having an idea of our process, then the USCIS mess appeared and now I have no idea of when I will receive the GC or if some day I will receive it.
The USCIS just gave us the sense of advancement but in reality they did not giveus anything, just look the facts, you will have EAD and PAD, but if your I140 or I485 fail then you will be ouf of status, so many people will decide to maintain their H1B status, so why did we apply?
Can any one elaborate or give an estimate of when will we be receiving our GC (whe nI say we I'm thinking in all the people applying under the Visa Bulletin 2007 mess).
Thanks
The USCIS just gave us the sense of advancement but in reality they did not giveus anything, just look the facts, you will have EAD and PAD, but if your I140 or I485 fail then you will be ouf of status, so many people will decide to maintain their H1B status, so why did we apply?
Can any one elaborate or give an estimate of when will we be receiving our GC (whe nI say we I'm thinking in all the people applying under the Visa Bulletin 2007 mess).
Thanks
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