shahuja
02-06 09:02 PM
hello ..EVERYBODY..need help..
this is the email came from my lawyer today..for the inquiry they did with the consulate regarding my visa.
Hi Shweta,
We understand how frustrating this is for you. We received a response to our inquiry with the consulate. It seems the application is being kept pending for additional administrative processing. The stated reason for the review falls within the law under Section 221(g) of the Immigration and Nationality Act. Under these circumstances, we typically see that the government issues a notice to the applicant wherein additional information is often requested. Kindly advise if you have received any notification from the consulate on this issue.
Best regards,
IS ADMIN PROC DIFFERENT FROM ADD ADMIN PROC ???
also the same day i called DOS and they told me case was approved already in jan..so that means that now more processing needs to be done ??
ADVICE ??
this is the email came from my lawyer today..for the inquiry they did with the consulate regarding my visa.
Hi Shweta,
We understand how frustrating this is for you. We received a response to our inquiry with the consulate. It seems the application is being kept pending for additional administrative processing. The stated reason for the review falls within the law under Section 221(g) of the Immigration and Nationality Act. Under these circumstances, we typically see that the government issues a notice to the applicant wherein additional information is often requested. Kindly advise if you have received any notification from the consulate on this issue.
Best regards,
IS ADMIN PROC DIFFERENT FROM ADD ADMIN PROC ???
also the same day i called DOS and they told me case was approved already in jan..so that means that now more processing needs to be done ??
ADVICE ??
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morchu
07-26 04:36 AM
Check the labor laws. Sometimes the 60 days notice requirement maybe voided by law. Also check the exact terminology in the job contract. Binding you to an employment via any kind of contract is not authorized.
Anyway, even if you send the AC21 letter after this 60 days, it still should be OK. You may not even get an intention to denial letter, because revocation of 140 takes time as well. Even if you get the letter, you can reply to it mentioning your job change, and ac21 invocation, and it should be OK.
In the worst case scenario, you can always file a new LC and 140 with your new employer and still keep the old priority date (even after revocation of old 140, just keep the copy of old 140 approval letter). That way you will be in same exact state in less than a year (PERM takes around 3....4 months, 140 premiumprocess takes less than 2 weeks, and most probably you may not be too far from current, and can file 485).
As a whole, my suggestion would be that, don't let a pending green card process stop your career growth. You never know how LONG you might stay in halt state in your career, if you do that, especially because of the whole GC processe's ultimate uncertainty.
There is always ways out (AC21, newGC process but same priority date etc.)
And in the worst case it may get a bit delay for your final GC approval. But I tend to think, that is OK when compared with a steady career growth.
If you tend to stuck with the same employer, in halt state of your career growth, merely because of GC process, in the end, after getting the GC approval, you will realize that it was foolishness and getting GC a bit earlier was not that important.
Well the above is my personal opinion. Ultimately it is your choice.
-Morchu
My question is:
My I-485 is pending for more than 180 days and I have I-140 approval as well.
I am planning to change job as soon as possible but I have to give 60 days notice before I resign my Job as per our Employment terms and conditions.
If they withdraw my approval I-140 status between 60 days, what is going to happen my I-485 Status? Still is valid my I-140 and Can I use Ac 21 as per UCCIS memos.
�Do I need to send AC 21 first before opting by the New Employer?
Thank you.
Anyway, even if you send the AC21 letter after this 60 days, it still should be OK. You may not even get an intention to denial letter, because revocation of 140 takes time as well. Even if you get the letter, you can reply to it mentioning your job change, and ac21 invocation, and it should be OK.
In the worst case scenario, you can always file a new LC and 140 with your new employer and still keep the old priority date (even after revocation of old 140, just keep the copy of old 140 approval letter). That way you will be in same exact state in less than a year (PERM takes around 3....4 months, 140 premiumprocess takes less than 2 weeks, and most probably you may not be too far from current, and can file 485).
As a whole, my suggestion would be that, don't let a pending green card process stop your career growth. You never know how LONG you might stay in halt state in your career, if you do that, especially because of the whole GC processe's ultimate uncertainty.
There is always ways out (AC21, newGC process but same priority date etc.)
And in the worst case it may get a bit delay for your final GC approval. But I tend to think, that is OK when compared with a steady career growth.
If you tend to stuck with the same employer, in halt state of your career growth, merely because of GC process, in the end, after getting the GC approval, you will realize that it was foolishness and getting GC a bit earlier was not that important.
Well the above is my personal opinion. Ultimately it is your choice.
-Morchu
My question is:
My I-485 is pending for more than 180 days and I have I-140 approval as well.
I am planning to change job as soon as possible but I have to give 60 days notice before I resign my Job as per our Employment terms and conditions.
If they withdraw my approval I-140 status between 60 days, what is going to happen my I-485 Status? Still is valid my I-140 and Can I use Ac 21 as per UCCIS memos.
�Do I need to send AC 21 first before opting by the New Employer?
Thank you.
glus
07-11 11:01 AM
Hi Folks,
Just thought I'd share with the group, I recently received my I-140 approval. I did it premium processing through the Nebraska service center (I think) and the application was approved in 3 days (!) - submitted 06/25, premium processing fee check cashed 06/26, approval 06/29.
Now if only they had premium processing for I-485s ! (I was impacted by this recent visa bulletin thing unfortunately ... my PD was current in June but now I have to wait till Oct to file I-485 ... sigh).
- GS
I485 premium would be way too complicated, unless it takes longer than 14 days. The agency is suppose to do much more checks before granting legal residency, so it may be difficult for them to process i485s in 14 days. Jusy my thoughts.
Just thought I'd share with the group, I recently received my I-140 approval. I did it premium processing through the Nebraska service center (I think) and the application was approved in 3 days (!) - submitted 06/25, premium processing fee check cashed 06/26, approval 06/29.
Now if only they had premium processing for I-485s ! (I was impacted by this recent visa bulletin thing unfortunately ... my PD was current in June but now I have to wait till Oct to file I-485 ... sigh).
- GS
I485 premium would be way too complicated, unless it takes longer than 14 days. The agency is suppose to do much more checks before granting legal residency, so it may be difficult for them to process i485s in 14 days. Jusy my thoughts.
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Munna Bhai
09-15 11:29 AM
Nice idea. Sometimes, bare facts are worth quite a few pictures as well. How about compiling and forwarding the following information for each of our family units?
Items can be :
Years spent in the US.
Federal and state income taxes paid during these years.
Social Security contributions made.
Dollars and hours already spent on the immigration process.
Number of U. S. Citizen kids, if any.
A concise writeup on how the applicant's skill set positively impacts the employer.
Wonderful idea..I am with you.....
Items can be :
Years spent in the US.
Federal and state income taxes paid during these years.
Social Security contributions made.
Dollars and hours already spent on the immigration process.
Number of U. S. Citizen kids, if any.
A concise writeup on how the applicant's skill set positively impacts the employer.
Wonderful idea..I am with you.....
more...
soni7007
09-15 11:08 AM
I have been reading posts where suggestions of writing letters to various political figures have been raised and hopefully implemented. I have a suggestion too, please ignore if this has already been brought up and discussed.
As a popular saying goes, a picture is worth a thousand words. So, my suggestion is :
Send our pictures to these people (whoever they are - senator, congressmen etc.). We can include 2 pictures each- eg.- one picture when we initially came (5-10 years back, unmarried, younger looking, graduation picture, college campus etc.). Another picture can be a more recent one (with family, kids, in our office, professional attire, house, car etc.).
We can include a tagline behind each picture.
Now since digital photography has taken over hard copies, many of us would be lazy enough to go take prints and then send them to the senators. So, we can email our pictures to one person (or IV core) and they can hand over the package to the concerned authorities.
I know this is a very rough sketch of what is actually involved in making this happen, so please come up with suggestions/ ideas.
As a popular saying goes, a picture is worth a thousand words. So, my suggestion is :
Send our pictures to these people (whoever they are - senator, congressmen etc.). We can include 2 pictures each- eg.- one picture when we initially came (5-10 years back, unmarried, younger looking, graduation picture, college campus etc.). Another picture can be a more recent one (with family, kids, in our office, professional attire, house, car etc.).
We can include a tagline behind each picture.
Now since digital photography has taken over hard copies, many of us would be lazy enough to go take prints and then send them to the senators. So, we can email our pictures to one person (or IV core) and they can hand over the package to the concerned authorities.
I know this is a very rough sketch of what is actually involved in making this happen, so please come up with suggestions/ ideas.
jettu77
03-12 10:22 AM
Congratulations!
more...
PD_Dec2002
08-08 07:53 PM
My H1 has been denied on Master's quota as I filed for H1 in April and I graduated in May. The reason for denial is that "on notice day, I was not graduate'.
My EAD will be expiring in May 2008 and even If I apply for New H1 in next April, I can not start working till October 2008.
In this bad situation, what are the option I have not to leave the country. Please advise as soon as possible
You can go to school again though it might not be practical. Or go back to your country and ask the employer to sponsor your H-1B so you can reenter in October 2008.
Also, check with other lawyers.
Thanks,
Jayant
My EAD will be expiring in May 2008 and even If I apply for New H1 in next April, I can not start working till October 2008.
In this bad situation, what are the option I have not to leave the country. Please advise as soon as possible
You can go to school again though it might not be practical. Or go back to your country and ask the employer to sponsor your H-1B so you can reenter in October 2008.
Also, check with other lawyers.
Thanks,
Jayant
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WeShallOvercome
07-30 03:28 PM
Do you get the FP notice by email or snail mail?
snail mail
snail mail
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lostinbeta
10-03 01:49 PM
<FONT FACE="Verdana" STYLE="font-size: 10px">Very Evil:evil:</FONT>
<div style="width: 300; font-size: 10px; font-family: Verdana; color: #9E9E9E; Filter: FlipV">Very Evil:evil:</div>
<div style="width: 300; font-size: 10px; font-family: Verdana; color: #9E9E9E; Filter: FlipV">Very Evil:evil:</div>
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nixstor
12-07 10:18 AM
I transferred H1B from a teaching job (cap exempt) to a consulting company. As far as I remember, the H1B quota for companies was over at that time. I did not hear any complaints. Maybe my lawyer took care of it.
You should check to make sure.
May be you got lucky. AFAIK, transfers from non-profit/edu to for profit are always counted against the H1B visa number availability.
You should check to make sure.
May be you got lucky. AFAIK, transfers from non-profit/edu to for profit are always counted against the H1B visa number availability.
more...
aachoo
05-02 06:11 PM
Doesnt matter if the I-94 is only till the visa expiry. There is another I-94 at the bottom of the approved I-797 that ends on the extended 797 date.
-a
-a
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glus
05-31 10:38 AM
thanx
This is my first time $100 contribution.
Paypal Id: 31T703381K4953443
This is my first time $100 contribution.
Paypal Id: 31T703381K4953443
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Berkeleybee
05-24 12:35 AM
Catching up after a long day -- excellent job Salil! Love the idea of using the poster in the photo.
best,
Berkeleybee
best,
Berkeleybee
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visafreedom
07-03 11:39 AM
Sure, skip a day of work.. only to come back the next day and have two days worth of work lying on your desk, and one less vacation day...
Dont tell me you never take vacation ;-) If that is true, I will hire you.
Dont tell me you never take vacation ;-) If that is true, I will hire you.
more...
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nlssubbu
07-19 12:24 AM
How will you get the papers signed without them being here? You also need recent passport size photos of them as well for AP document.
You can differ filing EAD and AP at a later date.
Thanks
PS: I am not an attorney and please consult with them.
You can differ filing EAD and AP at a later date.
Thanks
PS: I am not an attorney and please consult with them.
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eb3India
09-05 03:57 PM
Well if the Republicans want those hispanic votes why dont they
pass the CIR right away? Why they have to wait until the mid term?
oh yaa, they will be losing all the red-neck neo-cons vote ;) right away, in my view everybody includeing Dems are just test water and see how people in their consitutancy are feeling about immigration subject and results show many americans are against CIR in principal (thanks to Lou and co campain).
It will be really bad if Reps wins the house again, they can really push their neo-con agenda and CIR will be history very soon.
so It is really important for us to have Dems wining this election :D
pass the CIR right away? Why they have to wait until the mid term?
oh yaa, they will be losing all the red-neck neo-cons vote ;) right away, in my view everybody includeing Dems are just test water and see how people in their consitutancy are feeling about immigration subject and results show many americans are against CIR in principal (thanks to Lou and co campain).
It will be really bad if Reps wins the house again, they can really push their neo-con agenda and CIR will be history very soon.
so It is really important for us to have Dems wining this election :D
more...
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eb2_mumbai
09-11 10:27 AM
I can share my experience. I had BE + 3 Yr Exp + MS + 1.5 Yr Exp when I filed for GC. My employer filed the labor that was MS + 0 Yr exp. He said we cannot claim 1.5 Yr post MS since it was in house experience. The experience I gained after BS was not eligible so he said the post would go as MS + 0 . We did attach my experience certificate for work after BS (nothing for work experience in the same company) as supplimental qualification.
I know lots of friends working in expedia who were hired from our graduate school and their labor were all MS + 0 in EB2
I know lots of friends working in expedia who were hired from our graduate school and their labor were all MS + 0 in EB2
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gotgc?
02-03 05:04 PM
I have used my Canadian PR card for transit thru the UK while on AP. It was quite some time back though. The gate agent took a while to go thru my docs, but was satisfied and was allowed to board both ways. The verification obviously took a bit longer on the way back to the US, but nothing unusual. If I remember well, I did carry a copy of the transit rules with me in case there was any issue. My guess is you should be fine.
Thanks for your reply...judt wanted to make sure, did you travel to and from USA? Where did they check your documents?when you mention gate agent, which gate agent it is? is it your departure airport staff or London Immigration? On the way back who did check these documents? I am planning to take the transit rules with me as well...please let me know
Thanks for your reply...judt wanted to make sure, did you travel to and from USA? Where did they check your documents?when you mention gate agent, which gate agent it is? is it your departure airport staff or London Immigration? On the way back who did check these documents? I am planning to take the transit rules with me as well...please let me know
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meetpravee
04-19 01:14 PM
Thank you so much for all your response. I am filling up the application online now. My fathers name in existing passport is just mentioned as his first name. Should I fill in the first name alone in the renewal application or should I fill in the first name and last name. I couldnt find answer for this question in the other thread. Same question for mother's name and spouse name too.
johny120
08-23 04:11 PM
Thanks for your reply. I read somewhere that if I have a approved 140 and have already applied for 485 I can only get a 1 year ext on H1 and not 3 year. 3 year H1 ext beyond 6 years isonly for people who are not able to apply for 485 due to retrogression. Is that true? I want to maintain the H1 to be able to easily transfer n case I loose my job.
riva2005
03-16 03:40 PM
Need your opinion on this.. filed for I-485 on EB2 in July 07. I am the primary applicant. I have been married since May '04. Need to apply for a divorce. My wife, a derivative in my application, is holding up the process as it may affect her chances of getting a GC without any sweat. She has an parallel GC process running solely in her name, which I believe hasnt cleared PERM yet (some sort of audit). She is on H1B, extendable for another 3 years, and has EAD from my GC application. Will there be any implications on her application if the divorce goes through? And also, can I out of spite do anything to get her derivative application out of the queue :rolleyes: ?
If your wife is using EAD based on a 485 that was filed as your dependent, then her 485 and her EAD will be lost if you withdraw her 485. I dont think you need to get a divorce for that. However, I think if you get her 485 withdrawn, then something tells me that your divorce process will accelerate.
If she is not using the EAD that came out of 485 filed with your 485, and if she is using H1 that is getting extended based on her own separate labor/GC process, then she may be unaffected by whatever you do - divorce her, withdraw her 485, or do both.
Also, if you divorce her, then there is no way that the 485 that was filed along with your 485 will be useful. That dependent 485 is no good to her if you are divorced.
I think your whole mixing of immigration and marital situation is complicating things. If you want to get divorced, get divorced. There is going to be enough pain on both sides during and after the divorce. Dont add to your work by engaging immigration issues with it.
Also, in most states, in order get a divorce, you have to have lived in that state for minimum of 6 months. And you need to wait 90 - 180 days between filing for divorce and actually getting that divorce. If there are custody battles, battles over property, money then it could be longer. If you own a house, then the house may be considered marital property and she and you would have equal right to the equity in the house, even if its only your name on the title and even if you are the only one making payments. It , of course, depends on your state. In some states, if the house is in your name, then its yours even if you are married.
Even amicable divorces are messy, painful and tiring. So if you have time and energy after going thru all that, then you may think about screwing your spouse out of immigration benefits that she got by being married to you.
By the way, no one can stop or "HOLD UP" your divorce. If you want to start the divorce process, you can start it at any time. I dont think any state allows one spouse to "HOLD UP" divorce if the other one wants to get out of a marriage. It can be prolonged by fighting over money, custody, visitation rights etc. But to start the process, you have to file a petition in your county and get your spouse "served" the petition.
If your wife is using EAD based on a 485 that was filed as your dependent, then her 485 and her EAD will be lost if you withdraw her 485. I dont think you need to get a divorce for that. However, I think if you get her 485 withdrawn, then something tells me that your divorce process will accelerate.
If she is not using the EAD that came out of 485 filed with your 485, and if she is using H1 that is getting extended based on her own separate labor/GC process, then she may be unaffected by whatever you do - divorce her, withdraw her 485, or do both.
Also, if you divorce her, then there is no way that the 485 that was filed along with your 485 will be useful. That dependent 485 is no good to her if you are divorced.
I think your whole mixing of immigration and marital situation is complicating things. If you want to get divorced, get divorced. There is going to be enough pain on both sides during and after the divorce. Dont add to your work by engaging immigration issues with it.
Also, in most states, in order get a divorce, you have to have lived in that state for minimum of 6 months. And you need to wait 90 - 180 days between filing for divorce and actually getting that divorce. If there are custody battles, battles over property, money then it could be longer. If you own a house, then the house may be considered marital property and she and you would have equal right to the equity in the house, even if its only your name on the title and even if you are the only one making payments. It , of course, depends on your state. In some states, if the house is in your name, then its yours even if you are married.
Even amicable divorces are messy, painful and tiring. So if you have time and energy after going thru all that, then you may think about screwing your spouse out of immigration benefits that she got by being married to you.
By the way, no one can stop or "HOLD UP" your divorce. If you want to start the divorce process, you can start it at any time. I dont think any state allows one spouse to "HOLD UP" divorce if the other one wants to get out of a marriage. It can be prolonged by fighting over money, custody, visitation rights etc. But to start the process, you have to file a petition in your county and get your spouse "served" the petition.