pvadduri
01-25 11:17 AM
I am one of the unfortunate few who could not cash in on the July/Aug 2007 opportunity to file I-485 due to my Law Firm's mistake. Here are the details of my case:
- My labor was approved June 28 2007 (EB3, Traditional, Priority date March 2005)
- I-140/I-485/EAD/AP were all filed concurrently on Aug 7, 2007 (before the Aug 17th deadline)
- My Lawfirm missed the signature on the check for the I-140 application, resulting in everything being returned
- By the time the package came back, signatures were corrected and sent back , it was well after Aug 17th.
- CIS accepted the I-140 application but rejected my I-485/EAD/AP saying that there are no Visa numbers available since it was after Aug 17th.
- My Lawfirm refiled with covering letter explaining the issue,using the Fedex receipts from the original Aug 7th filing etc..but the CIS has not accepted it.
- My Employer tried a Congressional inquiry with the CIS explaining my specific case - but that came back with same response: No visa number avialability
My Lawfirm and Employer are saying - Sorry - nothing else can be done now...
I am the one suffering because of my Law firm's mistake. Is there anything else that I can do to come out of this distress?. I would very much appreciate any inputs from people who have knowledge of similar scenarios!
- My labor was approved June 28 2007 (EB3, Traditional, Priority date March 2005)
- I-140/I-485/EAD/AP were all filed concurrently on Aug 7, 2007 (before the Aug 17th deadline)
- My Lawfirm missed the signature on the check for the I-140 application, resulting in everything being returned
- By the time the package came back, signatures were corrected and sent back , it was well after Aug 17th.
- CIS accepted the I-140 application but rejected my I-485/EAD/AP saying that there are no Visa numbers available since it was after Aug 17th.
- My Lawfirm refiled with covering letter explaining the issue,using the Fedex receipts from the original Aug 7th filing etc..but the CIS has not accepted it.
- My Employer tried a Congressional inquiry with the CIS explaining my specific case - but that came back with same response: No visa number avialability
My Lawfirm and Employer are saying - Sorry - nothing else can be done now...
I am the one suffering because of my Law firm's mistake. Is there anything else that I can do to come out of this distress?. I would very much appreciate any inputs from people who have knowledge of similar scenarios!
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mgkadiri
06-02 08:47 AM
Please share your experience, if any one come across this situation
I think you can us AP. I did not go for stamping but based on my I-485 filing I know that my case is pending on name check and I came to US using AP so I think you can also come back using AP.
I think you can us AP. I did not go for stamping but based on my I-485 filing I know that my case is pending on name check and I came to US using AP so I think you can also come back using AP.
Anish_Sen
02-05 10:42 AM
My parents are going back to India in April'10 just before completion of their 6 months. But they want to come back again after 3 weeks. They have got their visa for 1 year. So they can stay another 4 months on their 2nd trip from May'10 to Aug'10.
Is it going to be a problem during their next visa stamping or immigration at airport as they will end up staying 10 months in US out of their 1 year approved visa ?
Please advise.
Is it going to be a problem during their next visa stamping or immigration at airport as they will end up staying 10 months in US out of their 1 year approved visa ?
Please advise.
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ujjvalkoul
06-23 06:10 PM
r u guys filing both applications with the same employer.
Can I retain PD (Aug 2003) of EB3 labor application filed with Employer 1
Now I have PERM approved in EB2 with employer 2
Can I transfer PD in this case.
Can I retain PD (Aug 2003) of EB3 labor application filed with Employer 1
Now I have PERM approved in EB2 with employer 2
Can I transfer PD in this case.
more...
immigrationmatters30
10-04 01:24 AM
Would this apply even if one did not file I485 or is I485 required to be filed for H1B extention? Also what if, say, company A files bankrupcy or H1B holder from the company is laid off after I140 is approved AND I485 not applied.
I am asking because I missed the boat last year
I am asking because I missed the boat last year
tanmoymuk
03-02 02:09 PM
I recently got my EB1 I-140 approved. Now my lawyer wants to apply for the I-485 but I am unemployed currently. What are my options in this case? Do I show I am self-employed and apply the I-485 or wait till I get a job.
Just as a background I already have a EB2 Employer based I-485 in process and therefore have the EAD and AP in hand. The EB2 I-485 was applied in 2007 so it is past the 180 days period.
Urgent help will be greatly appreciated.
Just as a background I already have a EB2 Employer based I-485 in process and therefore have the EAD and AP in hand. The EB2 I-485 was applied in 2007 so it is past the 180 days period.
Urgent help will be greatly appreciated.
more...
Ann Ruben
04-16 09:15 AM
Unfortunately the rules of the PERM process are pretty rigid. It is unlikely that you would succeed in getting the denial reversed and the appeal process could take a year or more. Unless you are beyond your 5th year of H-1 status, your best course is to start the process again.
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corleone
11-02 10:32 AM
RD 8/16
ND 10/13
FP ASC 11/17
No EAD yet.
ND 10/13
FP ASC 11/17
No EAD yet.
more...
kalkix
08-10 06:09 PM
USCIS is just fooling with you. :D you are an eastern European, right?
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aaren253
02-19 02:52 AM
Johnny, you must have a passport. I also suggest that you carry a notarized letter signed by both of your parents that you have their permission to make this journey.
more...
acepb
07-20 07:28 PM
you shouldn't have a problem re-entering the US on AP from the UK. I have done it twice already in the last year.
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raysaikat
07-08 10:39 PM
but we sent out the application package on June 28 (Friday) and the USCIS received our package on July 1st (Based on the Fedex tracking record). There is no way that my employer can refer to the new prevailing wage databse, which is released on July 1st.
Well, technically your employer is not supposed to set the wage based on the prevailing wage (or any other immigration related number). Your wage should be based on the job you perform.
Well, technically your employer is not supposed to set the wage based on the prevailing wage (or any other immigration related number). Your wage should be based on the job you perform.
more...
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sw33t
07-29 10:42 PM
If you are from Texas, please join the Yahoo Groups for the Texas State Chapter of ImmigrationVoice.
http://groups.yahoo.com/group/texasiv
We have some exciting stuff happening and want every texas member to be a proud ImmigrationVoice member and take part in it.
If you are not from Texas, please Bump this thread so people from texas can see it.
Thank you.
http://groups.yahoo.com/group/texasiv
We have some exciting stuff happening and want every texas member to be a proud ImmigrationVoice member and take part in it.
If you are not from Texas, please Bump this thread so people from texas can see it.
Thank you.
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gcdreamer05
09-22 04:05 PM
I work in a private firm (<300 employees) and they have filed for PERM and is under audit. What would happen to my PERM if a bigger firm takes over my smaller company.
My H1-B 6 yr limit will expire by January 2010. What are the risks to my immigration status if my company is acquired by a bigger firm?
1. Will I have to re-file for PERM again with the new company?
OR
2. Can I continue under the already audited PERM in smaller company's name?
As long as the successor company wants you to continue with them , you have no problem. You can ask your attorney to send details about acquisition if there is any RFE and you are safe.
But you should really try to find out, if the future company would like to support your PERM, because that is more important - company support.
All the best.
My H1-B 6 yr limit will expire by January 2010. What are the risks to my immigration status if my company is acquired by a bigger firm?
1. Will I have to re-file for PERM again with the new company?
OR
2. Can I continue under the already audited PERM in smaller company's name?
As long as the successor company wants you to continue with them , you have no problem. You can ask your attorney to send details about acquisition if there is any RFE and you are safe.
But you should really try to find out, if the future company would like to support your PERM, because that is more important - company support.
All the best.
more...
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pinak32
01-18 11:02 PM
I forgot to post my update - I actually did get my appointment with Xvars.com (http://www.xvars.com) . They got me the appointment about 2 days after I signed up, and I got my stamping done in Toronto on Dec 16th. I also chose Montreal as backup but got my original choice. Good luck to people stamping visas in canada. it is much easier and faster than going back to the home country.
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cest la vie
01-28 04:24 AM
Hi...I went to the USA in Dec 05, with a J1 visa, in may 06 after i applyed for changing of status to B2 visa, I got it denied and the letter said I should leave usa. I didnt, staying there until aug 07 (more than 1 year). my visa expired in apil 06 and the letter from uscis i got in may 06. they wrote in my I-94 cos denied 04-18-06. I didnt give back my I-94 when i left the USA. I want to know what are my chances to get a L2 visa (my husband is applying for L1 visa). I also have a second nationallity, can it help me somehow?
Please, I really need someone to help me with thses doubts.thank you very much.
Please, I really need someone to help me with thses doubts.thank you very much.
more...
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Legal_In_A_Limbo
03-10 10:07 AM
we are going through it right now.
planning to file g-28 only and not AC-21 letter.
Will wait for a RFE to send a AC-21 letter.
Are you self filling G-28 or doing through another lawyer?
Thanks
planning to file g-28 only and not AC-21 letter.
Will wait for a RFE to send a AC-21 letter.
Are you self filling G-28 or doing through another lawyer?
Thanks
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Ramba
10-27 05:11 PM
Hi,
I have an EAD (over a year now since I-140 approved), but never used it. Now, that Iam planning to switch my employer I have some questions about using EAD
1. Is it Mandatory to file AC21? No
2. Is AC21 required for each contract switch ? (Suppose Contract is W2), if so, wouldnt that be hard and expensive to file for every 3 or 6 months projects? "contract". You are doomed. GC is for "permanant full time" offer. So, new job based on AC21 should also be "permanant full time". If USCIS knows that you are working on a cotracr for a short term; wait for 485 denial notice.
3. Can I work on 1099? 1099 is a self-employed catagory. You can still use AC21, and self employed. Refer USCIS memos regarding AC21 and self employment.
Thanks in Advance....
I have an EAD (over a year now since I-140 approved), but never used it. Now, that Iam planning to switch my employer I have some questions about using EAD
1. Is it Mandatory to file AC21? No
2. Is AC21 required for each contract switch ? (Suppose Contract is W2), if so, wouldnt that be hard and expensive to file for every 3 or 6 months projects? "contract". You are doomed. GC is for "permanant full time" offer. So, new job based on AC21 should also be "permanant full time". If USCIS knows that you are working on a cotracr for a short term; wait for 485 denial notice.
3. Can I work on 1099? 1099 is a self-employed catagory. You can still use AC21, and self employed. Refer USCIS memos regarding AC21 and self employment.
Thanks in Advance....
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crystal
09-01 06:00 PM
They will go to ur michigan address i guess.
Online u can change the address for each receipt number of ead ,485 and ap using ar-11 form online link. or u can also call custom rep also to make sure it is reflected.FP notice they will send a copy to ur lawyer .So ask him to let you know once he gets it. sending ar-11 form itself does not change the address against the recipt numbers.
Online u can change the address for each receipt number of ead ,485 and ap using ar-11 form online link. or u can also call custom rep also to make sure it is reflected.FP notice they will send a copy to ur lawyer .So ask him to let you know once he gets it. sending ar-11 form itself does not change the address against the recipt numbers.
kevnss
04-01 12:16 PM
I have posted this message in other threads couple of times but no reply so trying to create a new thread so it can be reviewed. Sorry.
I have one question though which I have already posted but didn't see any response. It would be nice if someone can clarify my doubt..
I have one question with regards to changing employer. My I-140 was approved long ago (in 2005) under EB3 and was filed for AOS during July 2007. But now we re-filed labor under EB2 got approved and refiled I-140 under EB2 category. I-140 under EB2 has been filed recently so I am assuming it will take months to get it approved. Now I am thinking of switching to new employer so what are my chances to move to new employer. Sorry am not sure if this message is already posted or not.
I have one question though which I have already posted but didn't see any response. It would be nice if someone can clarify my doubt..
I have one question with regards to changing employer. My I-140 was approved long ago (in 2005) under EB3 and was filed for AOS during July 2007. But now we re-filed labor under EB2 got approved and refiled I-140 under EB2 category. I-140 under EB2 has been filed recently so I am assuming it will take months to get it approved. Now I am thinking of switching to new employer so what are my chances to move to new employer. Sorry am not sure if this message is already posted or not.
Blog Feeds
05-27 12:40 PM
Two little-known types of immigrant visas are the T and the U visas. The T visa is for people innocently involved in human trafficking, and the U visa is for victims of crime. The U visa's basic purpose is to make it easier for police to prosecute those who commit violence.
Both types of visas were discussed in a recent Dallas Morning News (http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/052010dnmetuvisa.8c47617.html) article. Here are excerpts from the article, beginning with a discussion of the U visa:
The visas began flowing only 18 months ago and the majority have gone to domestic violence victims, say officials from U.S. Citizenship and Immigration Services.
Under the Victims of Trafficking and Violence Protection Act, up to 10,000 such visas are authorized annually. Illegal immigrants may receive such visas if they've suffered "substantial" physical or mental abuse from criminal activity and, among other things, a law enforcement agency certifies they have information on criminal activity. The visa can lead to permanent legal residency status.
The issuing of U visas comes at a tense time in the national immigration debate, amid a polarizing crackdown and potentially broader policing powers against immigrants in Arizona. And it illuminates a prickly point of justice: Should the federal government give illegal immigrants special treatment for a societal good such as fighting violent crime?
The Victims of Trafficking and Violence Protection Act created both the U visa and the T visa. They're near the end of a complex network of visas, A through V.
T visas, for those involved in human trafficking, began flowing in 2002, but the flow of U visas was delayed as regulations on issuance were hammered out. In the last three full fiscal years, only about 250 to 300 T visas have been approved of the maximum annual allotment of 5,000.
In the last fiscal year, ending in September 2009, the federal government authorized 5,825 U visas. In the first five months of this fiscal year, nearly 5,000 such visas were given. There are about 6,600 visa applications pending, and the 10,000 allotment is expected to be reached as early as next month, said Maria Elena Garcia Upson, a spokeswoman for the immigration agency.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/9QAoUnEU-G4/)
Both types of visas were discussed in a recent Dallas Morning News (http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/052010dnmetuvisa.8c47617.html) article. Here are excerpts from the article, beginning with a discussion of the U visa:
The visas began flowing only 18 months ago and the majority have gone to domestic violence victims, say officials from U.S. Citizenship and Immigration Services.
Under the Victims of Trafficking and Violence Protection Act, up to 10,000 such visas are authorized annually. Illegal immigrants may receive such visas if they've suffered "substantial" physical or mental abuse from criminal activity and, among other things, a law enforcement agency certifies they have information on criminal activity. The visa can lead to permanent legal residency status.
The issuing of U visas comes at a tense time in the national immigration debate, amid a polarizing crackdown and potentially broader policing powers against immigrants in Arizona. And it illuminates a prickly point of justice: Should the federal government give illegal immigrants special treatment for a societal good such as fighting violent crime?
The Victims of Trafficking and Violence Protection Act created both the U visa and the T visa. They're near the end of a complex network of visas, A through V.
T visas, for those involved in human trafficking, began flowing in 2002, but the flow of U visas was delayed as regulations on issuance were hammered out. In the last three full fiscal years, only about 250 to 300 T visas have been approved of the maximum annual allotment of 5,000.
In the last fiscal year, ending in September 2009, the federal government authorized 5,825 U visas. In the first five months of this fiscal year, nearly 5,000 such visas were given. There are about 6,600 visa applications pending, and the 10,000 allotment is expected to be reached as early as next month, said Maria Elena Garcia Upson, a spokeswoman for the immigration agency.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/9QAoUnEU-G4/)
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