ab_tak_chappan
08-13 12:51 AM
looks like vldrao got his GC and took a hike ;)
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shana04
07-21 09:05 AM
Friends / Gurus,
Please advice or suggest.
Here is my situation, filed I 485 in July 2007 and No FP done.
Called USCIS in Mar 2008 and opened a SR and got SR for my self in hard copy and an email for my wife that some one contacted about your case for FP and a notice will be mailed to with specific time and date.
And I waited this long and no notice has arrived for me and dates are current in Aug 2008.
Today (July 21 2008) I called USCIS and used the following menus.
2-6-1-(Enter Receipt Number)-1-1-3-1
And a representative has greeted very well and asked bunch of questions and asked to answer yes or no (no details just yes or no)
Then she said as the Background Clearance has not been done for my case, they would not send the FP. And to open a SR I have to wait at least 441 days from Receipt date of I485 to open SR.
When I asked about my wife's case, she replied the same in no FP has done then probably she has not got her background clearance yet. so need to wait for 441 days for her case too.
Then I said my dates are current and if no FP done then I would loose my chance and she replied that until background clearance is done no FP will be sent and they would not touch the case until then.
Friends / Gurus, any advice or please let me know how to follow up on this. I do not want to loose this opportunity.
Thanks in advance.
Shana
Please advice or suggest.
Here is my situation, filed I 485 in July 2007 and No FP done.
Called USCIS in Mar 2008 and opened a SR and got SR for my self in hard copy and an email for my wife that some one contacted about your case for FP and a notice will be mailed to with specific time and date.
And I waited this long and no notice has arrived for me and dates are current in Aug 2008.
Today (July 21 2008) I called USCIS and used the following menus.
2-6-1-(Enter Receipt Number)-1-1-3-1
And a representative has greeted very well and asked bunch of questions and asked to answer yes or no (no details just yes or no)
Then she said as the Background Clearance has not been done for my case, they would not send the FP. And to open a SR I have to wait at least 441 days from Receipt date of I485 to open SR.
When I asked about my wife's case, she replied the same in no FP has done then probably she has not got her background clearance yet. so need to wait for 441 days for her case too.
Then I said my dates are current and if no FP done then I would loose my chance and she replied that until background clearance is done no FP will be sent and they would not touch the case until then.
Friends / Gurus, any advice or please let me know how to follow up on this. I do not want to loose this opportunity.
Thanks in advance.
Shana
kevnss
03-20 12:35 PM
You are right, here is the link to see more information about the rules..
Please read A. Approved Form I-140 Visa Petitions and Form I-485 Applications and B as well on Page 2
Link: "http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf".
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.
Please read A. Approved Form I-140 Visa Petitions and Form I-485 Applications and B as well on Page 2
Link: "http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf".
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.
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nozerd
02-26 09:46 AM
Thanks Sanju,
I already have testing experience since I am used to reviewing test plans from a functional perspective and am aware of testing methodology.
Is there a market our there for testing ?
Thanks
I already have testing experience since I am used to reviewing test plans from a functional perspective and am aware of testing methodology.
Is there a market our there for testing ?
Thanks
more...
radhagd
05-15 12:14 PM
Thanks for your reply.
My understanding is there can be only one AOS at any time.
- So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?
- If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??
Thanks.
Yes you can file more than one AOS simultaneously and withdraw other one once I485 is approved.
My understanding is there can be only one AOS at any time.
- So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?
- If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??
Thanks.
Yes you can file more than one AOS simultaneously and withdraw other one once I485 is approved.
factoryman
02-08 05:31 PM
till Sept 2007. This is as read on another board.
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immi_seeker
07-16 07:46 PM
^^
2010 Posted in miranda kerr
talash
04-25 03:15 PM
I 140 denaie d.please help to start new thread
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marlon2006
06-13 03:22 PM
Hey Renata,
It was struggle with my wife;thanks God she got the EAD more than a year ago. Therefore she is working now and a little happier. I am also OK in my current work. The problem is that I have missed more than 4 job offers that would allow further career growth and potential much better rewards.
Since my wife couldn't work, we had a baby back then.
Tell me, which country in Europe are you from ? I have a very good friend of mine who is Italian. By the way, if you are in the Seattle, WA area, feel free to come over and join us. We get together for good wine, lasagna, "churrasco", etc pretty much every weekend with our Italian friends. The way I see it, is that while we wait for this insane visa bulletin advancement, at least we should allow ourselves to drink a good wine and eat nicely :-)
South of Brazil sounds good to me but my husband is not open to it and he is the one who is Brazilian :rolleyes:
He is much more in favor of Europe and since I have EU passport we can basically live anywhere and he would be able to work the next day :D I feel like I have put so much effort into this by now that I'm not walking away this close. We will hang on and make decisions once we have GC and options to chose. You are so close! Don't give up now after waiting so long! Is your situation at work that bad? Is your wife working?
It was struggle with my wife;thanks God she got the EAD more than a year ago. Therefore she is working now and a little happier. I am also OK in my current work. The problem is that I have missed more than 4 job offers that would allow further career growth and potential much better rewards.
Since my wife couldn't work, we had a baby back then.
Tell me, which country in Europe are you from ? I have a very good friend of mine who is Italian. By the way, if you are in the Seattle, WA area, feel free to come over and join us. We get together for good wine, lasagna, "churrasco", etc pretty much every weekend with our Italian friends. The way I see it, is that while we wait for this insane visa bulletin advancement, at least we should allow ourselves to drink a good wine and eat nicely :-)
South of Brazil sounds good to me but my husband is not open to it and he is the one who is Brazilian :rolleyes:
He is much more in favor of Europe and since I have EU passport we can basically live anywhere and he would be able to work the next day :D I feel like I have put so much effort into this by now that I'm not walking away this close. We will hang on and make decisions once we have GC and options to chose. You are so close! Don't give up now after waiting so long! Is your situation at work that bad? Is your wife working?
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Karthikthiru
04-09 03:00 PM
I think you are in good shape to use AC21. Just make sure that you have the paystubs for the first 180 days after filing the I485 application in your present company if in case you get a RFE. That is one of the easy proof that you worked in company A for 180 days after fileing I-485.
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vikki76
04-21 05:49 PM
Guys, let us refrain from making incorrect statements. This can affect someone's decision negatively. Post answers only if your are sure that it is a correct answer or have personal experience.
Yes, I am 100% sure. One can move from H1-B to H-4 and then back to H1-B within 12 months and not get counted towards cap.
Of course, if you some one wants legal advice, they would need to pay for it rt through a lawyers? That is given .
Yes, I am 100% sure. One can move from H1-B to H-4 and then back to H1-B within 12 months and not get counted towards cap.
Of course, if you some one wants legal advice, they would need to pay for it rt through a lawyers? That is given .
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rajuseattle
07-01 01:47 AM
I am also in a simlar situation except that the job location is same but job position going to be Sr. Programmer analyst for the same employer who is sponsoring my GC and for whom i am working for last 6 + yrs.
According to our company attorney and HR, i am eligible for promotion using the AC-21 and they are preparing my AC-21 package to USCIS.
In the AC-21 letter to USCIS it is clearly mentioned that i will be using AC-21 provision of the immigration law to accept the new position for the same employer. HR also verified that this is a natural progression for my job position.
Anyways i would suggest please talk to your HR and company attorney as they would know the best course of action for you. Remember in the immigration world even if you think u r into similar situation with other person, it may not be true in all cases.
According to our company attorney and HR, i am eligible for promotion using the AC-21 and they are preparing my AC-21 package to USCIS.
In the AC-21 letter to USCIS it is clearly mentioned that i will be using AC-21 provision of the immigration law to accept the new position for the same employer. HR also verified that this is a natural progression for my job position.
Anyways i would suggest please talk to your HR and company attorney as they would know the best course of action for you. Remember in the immigration world even if you think u r into similar situation with other person, it may not be true in all cases.
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fide_champ
08-04 05:41 PM
Please see my answers inside:
I came to US in March 2007 on L1B, mean time applied for H1b during April 2008 which got approved with COS effective from Oct 1 2008,
I could not work on H1b for some reasons, continued work on L1 until end of may 09 , went back to india during last week of May 2009 and returned in a month time (last week of June 09) with same L1 visa,
Now I have a valid I94 fo L1 until Feb 2010, also H1B I94 says valid until 2011 which I assume is no more valid due to re-entry on L1 n offcourse never having worked on H1b till date.
Now I would like to take up H1B in a month time, following are my questions
1. I assume that my employer need to apply for COS from L1-H1 now (form I-539) correct me if iam wrong,also is it legal to work while COS approval is in progress?
Ans: You cannot work for new employer while COS is in progress. You can do that during H1 transfer but not during COS from L1-H1.
2. Is there a premium processing for COS? to make sure I get approval first and then start working,how long does it take to process premium and what is the typical time frame for normal one?
Ans: COS is eligible for premium processing. If your client is waiting, better go for premium processing as getting a client is more harder these days than getting a visa.
3. My family is back in India, are they legal to travel during my COS being in progress with necessary stamping ? This is in case iam legal to work while COS is in progress, or
you recommend me getting them before COS is initiated with there L2 visa n then apply COS for them too ? Risk here is if COS is not approved for some reasons everyone have to leave
Ans:It's better to get your family here first and then apply for COS. If you change your status to H1, then your family will have to get H4 stamped before they can enter USA. That can be a problem sometimes if your company is not a well established one. They could avoid the H4 stamping and the hassles that comes with it(221g processing).
!
I came to US in March 2007 on L1B, mean time applied for H1b during April 2008 which got approved with COS effective from Oct 1 2008,
I could not work on H1b for some reasons, continued work on L1 until end of may 09 , went back to india during last week of May 2009 and returned in a month time (last week of June 09) with same L1 visa,
Now I have a valid I94 fo L1 until Feb 2010, also H1B I94 says valid until 2011 which I assume is no more valid due to re-entry on L1 n offcourse never having worked on H1b till date.
Now I would like to take up H1B in a month time, following are my questions
1. I assume that my employer need to apply for COS from L1-H1 now (form I-539) correct me if iam wrong,also is it legal to work while COS approval is in progress?
Ans: You cannot work for new employer while COS is in progress. You can do that during H1 transfer but not during COS from L1-H1.
2. Is there a premium processing for COS? to make sure I get approval first and then start working,how long does it take to process premium and what is the typical time frame for normal one?
Ans: COS is eligible for premium processing. If your client is waiting, better go for premium processing as getting a client is more harder these days than getting a visa.
3. My family is back in India, are they legal to travel during my COS being in progress with necessary stamping ? This is in case iam legal to work while COS is in progress, or
you recommend me getting them before COS is initiated with there L2 visa n then apply COS for them too ? Risk here is if COS is not approved for some reasons everyone have to leave
Ans:It's better to get your family here first and then apply for COS. If you change your status to H1, then your family will have to get H4 stamped before they can enter USA. That can be a problem sometimes if your company is not a well established one. They could avoid the H4 stamping and the hassles that comes with it(221g processing).
!
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ramus
06-20 12:54 PM
It is fine.. I am in the same boat..
Right now she is on H4 . So just mention her status as H4.
I would suggest to go ahead and apply for her EAD and AP.
and since we are filing for AP now, i'd mention H4 on AP. is it right?
Right now she is on H4 . So just mention her status as H4.
I would suggest to go ahead and apply for her EAD and AP.
and since we are filing for AP now, i'd mention H4 on AP. is it right?
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smuggymba
11-09 04:02 PM
BS post. How the hell is it related to immigration. Use other websites for this.
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immigrationvoice1
02-27 02:23 PM
Hope this documents appears in the sites run by the "anti-employment based immigrants" supporters.
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pointlesswait
04-20 09:03 AM
Dude,... Fasa is only for US citizens..
and even the banks will reject you if u dont have a GC..
You get only a personal loan....or personal line of credit..from MBNA...(best option)
Pvt. student loans ...from accessgroup.org..have stopped since nov. last year.
Google for FASA and try to fill in the application for federal aid online. It will most probably be rejected as federal government does not provide loans for foreign students. But you need to fill in this to apply for loan in any major banks like chase, bank of america or wells fargo, salli Mae etc.
After you get rejection from FASA call any of the major banks and try for a loan. If you have a guarantor in United States with good credit score the loan will easily get approved. Even if you dont have some guarantee, just call these banks and give it a try. Who knows, you may be lucky and you might get a loan.
and even the banks will reject you if u dont have a GC..
You get only a personal loan....or personal line of credit..from MBNA...(best option)
Pvt. student loans ...from accessgroup.org..have stopped since nov. last year.
Google for FASA and try to fill in the application for federal aid online. It will most probably be rejected as federal government does not provide loans for foreign students. But you need to fill in this to apply for loan in any major banks like chase, bank of america or wells fargo, salli Mae etc.
After you get rejection from FASA call any of the major banks and try for a loan. If you have a guarantor in United States with good credit score the loan will easily get approved. Even if you dont have some guarantee, just call these banks and give it a try. Who knows, you may be lucky and you might get a loan.
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sledge_hammer
02-09 03:44 PM
Please keep this thread alive ...
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vallabhu
01-02 02:08 PM
I have applied from Texas SC
My attorney mentioned it might 2 to 3 years to process an appeal, is that correct do you guys know any one who got it faster than that, he mentioned that we have to appeal to district court along with documentation of new resolution which was passed last year stating that employer has final discretion is deciding edu qualification for job role
My attorney mentioned it might 2 to 3 years to process an appeal, is that correct do you guys know any one who got it faster than that, he mentioned that we have to appeal to district court along with documentation of new resolution which was passed last year stating that employer has final discretion is deciding edu qualification for job role
rcr_bulk
07-13 11:39 AM
Our EAD at TSC and AP also released in just a month. They are mailed in June.
hemasar
05-05 08:29 AM
Hi,
What is the e-Mail address for PBEC to apply for screenshot of proof of pending LC? What are the details I have to send them?
What is the e-Mail address for PBEC to apply for screenshot of proof of pending LC? What are the details I have to send them?
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