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jamesingham
06-23 08:59 AM
No not yet. Attorney says I will get it in October of this year. He also said PERM is going to be no problem .. problem may arise when we apply for EB-2 140.
Yes, the responsibilities are 50% different than my previous job.
Yes, the responsibilities are 50% different than my previous job.
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new2H1&GC
12-30 03:14 PM
Hello all,
Could someone who are recently travelled via London Heathrow, please let me know what all should be done in order to obtain the DATV visa?
My flight stops there for under 2 hours (for cleaning and refuelling), and I was told I need to get the DATV since my visa expired and my approved AP alone is not enough.
Though I have gone through the required websites, i would still appreciate info from any one who recently experienced getting the DATV and travelling via London. Do I need to send I-485 receipt notice original and EAD as well?
Or is it enought to send the online application, passport, photo and AP originals?
Is there anyway to do everything in person, including handing over documents?
Also, it would be great if you could let me know how long it took to get the visa and your documents back!
Any help is GREATLY appreciated!
Thank you all very much !
Could someone who are recently travelled via London Heathrow, please let me know what all should be done in order to obtain the DATV visa?
My flight stops there for under 2 hours (for cleaning and refuelling), and I was told I need to get the DATV since my visa expired and my approved AP alone is not enough.
Though I have gone through the required websites, i would still appreciate info from any one who recently experienced getting the DATV and travelling via London. Do I need to send I-485 receipt notice original and EAD as well?
Or is it enought to send the online application, passport, photo and AP originals?
Is there anyway to do everything in person, including handing over documents?
Also, it would be great if you could let me know how long it took to get the visa and your documents back!
Any help is GREATLY appreciated!
Thank you all very much !
vrbest
07-10 11:42 AM
I sent my supporting documents for e-filing to NSC PO box and it reached next day noon. I also got LUD next day.
This is what I see on the USPS Tracking details.
'"Your item was delivered at 11:03 AM on July 8, 2008 in LINCOLN, NE 68501 to INS EXPRESS . The item was signed for by F HEINAUER."
Hope this helps!
You are right - The status changed today saying some one has picked it up - So express mail is good for sending.
Does the checks getting cashed mean the applicaton is accepted - and for whatever reason if they deny willu get the fees back?????
This is what I see on the USPS Tracking details.
'"Your item was delivered at 11:03 AM on July 8, 2008 in LINCOLN, NE 68501 to INS EXPRESS . The item was signed for by F HEINAUER."
Hope this helps!
You are right - The status changed today saying some one has picked it up - So express mail is good for sending.
Does the checks getting cashed mean the applicaton is accepted - and for whatever reason if they deny willu get the fees back?????
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yagw
10-31 06:43 PM
I am planning to shift employers and I have a question:
Company A applied for my green card and I have an approved I-140, passed the 6 month mark and now planning to shift jobs on EAD. I have an offer from Company B with a condition that my offer would be permanent upon approval of my green card. I cannot work for company B till I physically have my GC. In the mean time can I work for Company C ( in a completely different field) till my GC gets approved without any issues?
To answer your questions (assuming you filed I-1485 with A - since you mention using EAD).
1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.
2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.
3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.
Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.
Company A applied for my green card and I have an approved I-140, passed the 6 month mark and now planning to shift jobs on EAD. I have an offer from Company B with a condition that my offer would be permanent upon approval of my green card. I cannot work for company B till I physically have my GC. In the mean time can I work for Company C ( in a completely different field) till my GC gets approved without any issues?
To answer your questions (assuming you filed I-1485 with A - since you mention using EAD).
1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.
2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.
3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.
Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.
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mantagon
07-22 04:22 PM
The attorney and Roseball are correct - maintaining H4 status and working on EAD are mutually exclusive!
Your options are:
(1) Do not extend your H1. Contiinue working on EAD. Your status will be AOS.
(2) Convince your employer that if you don't extend the H1, then in the event that your I-485 is denied for some reason in the future, then you will be immidiately out of status and cannot work thereafter.
Hope this helps!
I am currently on H1b visa and have filed I-485 as primary. My spouse is also on H1B and is derivative. We both have EAD's but are still maintaining H1B status.
My employer is reluctant to file H1B extension as there are lots of RFE's and client/vendor letter requirements and paper work he does not want to do.
He has asked me to change my status to H4 and work on EAD.
Can I work on EAD without filing H1B-H4.
or
After the new memo regarding unlawful status, it is better to file H1 to H4 and continue working on EAD for my employer.
Will this affect anyhow on my chances of approval of my AOS?
Appreciate your response.
Your options are:
(1) Do not extend your H1. Contiinue working on EAD. Your status will be AOS.
(2) Convince your employer that if you don't extend the H1, then in the event that your I-485 is denied for some reason in the future, then you will be immidiately out of status and cannot work thereafter.
Hope this helps!
I am currently on H1b visa and have filed I-485 as primary. My spouse is also on H1B and is derivative. We both have EAD's but are still maintaining H1B status.
My employer is reluctant to file H1B extension as there are lots of RFE's and client/vendor letter requirements and paper work he does not want to do.
He has asked me to change my status to H4 and work on EAD.
Can I work on EAD without filing H1B-H4.
or
After the new memo regarding unlawful status, it is better to file H1 to H4 and continue working on EAD for my employer.
Will this affect anyhow on my chances of approval of my AOS?
Appreciate your response.
gcdreamer05
08-05 04:44 PM
I know this is not a good question as there is no time frame for GC process?
But please share your experience;
How many years it could take to get GC if it is started with in Aug. 2008 for
-EB2 category
-EB3 category
I am trying to understand the time (years) difference between two process.
Thanks,
Sanjeev.
Instead of asking such questions, go ahead first and file something as soon as you can, because there are other people who are filing in EB1, 2,3, family based etc etc etc... while you are just posting....
Always eb2 better than eb3, some of my friends who filed in 2002 eb3 have still not got GC, if you file in 2008 may be you will get it in 2015-2016... wow a long time.......
But please share your experience;
How many years it could take to get GC if it is started with in Aug. 2008 for
-EB2 category
-EB3 category
I am trying to understand the time (years) difference between two process.
Thanks,
Sanjeev.
Instead of asking such questions, go ahead first and file something as soon as you can, because there are other people who are filing in EB1, 2,3, family based etc etc etc... while you are just posting....
Always eb2 better than eb3, some of my friends who filed in 2002 eb3 have still not got GC, if you file in 2008 may be you will get it in 2015-2016... wow a long time.......
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check_rd
11-06 06:05 PM
Let me check back on the date i had applied and let u know.
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vin13
09-30 03:25 PM
I gave my 3rd FP for pending 485 last week. Haven't seen any LUD change since. My NC was cleared last year as per USCIS. My question is after every FP, does FBI initiate a new name check? is this a vicious circle ?
how would you know if you have to get your FP done again...would you get an RFE or something like that?
how would you know if you have to get your FP done again...would you get an RFE or something like that?
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forgerator
07-31 07:08 PM
I hope they did not hire "loser's guild" to do the job :D:D:D
That would be a conflict of interest. If they were hired, I'm sure they would start writing code like "If status == H1B then Add delay = 50 yrs"
That would be a conflict of interest. If they were hired, I'm sure they would start writing code like "If status == H1B then Add delay = 50 yrs"
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i99
09-11 03:53 PM
FYI: Ours went to R Williams on July 2nd/NSC and there is thread on this forum if you are interested. We heard nothing. According to the posts, if any of R Williams cases had any action, they happened at other service centers. You person might be sending the submittals around as well if they were received on July 2nd. Hang in there :cool:
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ivar
06-18 10:41 PM
I received the very heartbreaking news that my EB3 PERM application filed OCT 2007 (with audit) was denied. Audit was requesting a copy of the Newspaper AD which the lawyer sent last NOV 2007. Reson for denial was because the copy that the DOL recieved was not clear and some words as part of the Newspaper name was missing.... An appeal will be filed soon.
Any suggestions from the gurus?
I have bachelors with more than 5 years of experience, is it adviseable to file new PERM under EB2 category?
For people who filed motion or an appeal, could you please post your feedbacks/experiences?
also, im on my 7th yr extension and it will expire on FEB2010... will I have problems with my extension?
I had simillar situation as yours. My PERM was audited and than denied. I had appealed my case and after about 10 months of wait i ran out of patience and decided to withdrawn my appeal and file a new PERM. Please decide for yourself the best option. I think in your case appeal would be a better option because i assume you are extending your H1b based on your current PERM application. You can keep extending your H1b till your appeal is pending with a hope that it will be approved. Remember one thing you cannot file a new PERM with the same company for the same position. You can try to file a new perm for a different position through the same company as a backup, if your company is ready to support you.
Any suggestions from the gurus?
I have bachelors with more than 5 years of experience, is it adviseable to file new PERM under EB2 category?
For people who filed motion or an appeal, could you please post your feedbacks/experiences?
also, im on my 7th yr extension and it will expire on FEB2010... will I have problems with my extension?
I had simillar situation as yours. My PERM was audited and than denied. I had appealed my case and after about 10 months of wait i ran out of patience and decided to withdrawn my appeal and file a new PERM. Please decide for yourself the best option. I think in your case appeal would be a better option because i assume you are extending your H1b based on your current PERM application. You can keep extending your H1b till your appeal is pending with a hope that it will be approved. Remember one thing you cannot file a new PERM with the same company for the same position. You can try to file a new perm for a different position through the same company as a backup, if your company is ready to support you.
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DianaSteve
12-13 12:02 PM
My I140 is showing up online now.
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shana04
05-15 10:51 PM
For my Spouse
2. Evidence that you maintained non immigrant status
For my spouse,
We have applied for I 485 after our visit to India.
1. First I 94 was taken at the airport and got the new one while we came back and one of the requirement is the copy of I 94
How and where can I get a copy (I never made a copy of that).
Note: Spouse passport has stamping but the requirement is copy of I 94
any help or suggestoins where can we get a copy. We have applied for states Id's in two different states where they made copies of I 94 but at that time I never though of making copies of it.
2. Evidence that you maintained non immigrant status
For my spouse,
We have applied for I 485 after our visit to India.
1. First I 94 was taken at the airport and got the new one while we came back and one of the requirement is the copy of I 94
How and where can I get a copy (I never made a copy of that).
Note: Spouse passport has stamping but the requirement is copy of I 94
any help or suggestoins where can we get a copy. We have applied for states Id's in two different states where they made copies of I 94 but at that time I never though of making copies of it.
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kittu07in
10-19 07:52 PM
Hi All,
I got a document from USCIS for taking biometrics(2 nd time)............
just wanted to share with you all....
"Document production or Oath Ceremony" can mean anything....not only Green Card... :-(
Thank you all for your replies...
I got a document from USCIS for taking biometrics(2 nd time)............
just wanted to share with you all....
"Document production or Oath Ceremony" can mean anything....not only Green Card... :-(
Thank you all for your replies...
more...
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a_yaja
02-04 05:09 PM
I guess you should be good with your AP . But also there was a thread about one of the IV'ians AP experience at SFO. Please read that so can understand what AP is for and when it can be used as per the IO at SFO airport
I don't think that having AP you can bypass your criminal record. The officer at the POE will have to make the determination if you are eligible or not. I recently read (I don't have the link to back it up) that a Vietnameese lady well in her 40s who had a green card (she was not a citizen) had a drug possession (it was not even possession with intent to sell) conviction and that the officer at the POE told her that she was inadmissible and that she had to go back from where she came.
The only people who are granted entry without any questions irrespective of anything in their background are US citizens. Everyone else can be refused entry at the POE if found inadmissible.
I am not sure if spouse battery qualifies as a deportable offense. If it does, I would expect that there will be problems at the POE on the way back.
Consult your attorney and see what he/ she says. If domestic battery is a deportable offense, even a green card may not help you.
I don't think that having AP you can bypass your criminal record. The officer at the POE will have to make the determination if you are eligible or not. I recently read (I don't have the link to back it up) that a Vietnameese lady well in her 40s who had a green card (she was not a citizen) had a drug possession (it was not even possession with intent to sell) conviction and that the officer at the POE told her that she was inadmissible and that she had to go back from where she came.
The only people who are granted entry without any questions irrespective of anything in their background are US citizens. Everyone else can be refused entry at the POE if found inadmissible.
I am not sure if spouse battery qualifies as a deportable offense. If it does, I would expect that there will be problems at the POE on the way back.
Consult your attorney and see what he/ she says. If domestic battery is a deportable offense, even a green card may not help you.
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anilsal
12-20 12:03 PM
Recently, Tom Vilsack, Governor of Iowa appeared on Jon Stewart after his announcement as a candidate for 2008 from the democrat party.
Wonder what is the Governor's stance on legal immigration?
Wonder what is the Governor's stance on legal immigration?
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grupak
03-15 08:26 AM
This is my interpretation of Ron's post. These are not my predictions.
Personally, I'm Pessimistic... being in India-EB3, that's not a state of mind... it's a lifestyle.
Seems like a good interpretation to me.
Pessimism as a lifestyle is hilarious :)
Personally, I'm Pessimistic... being in India-EB3, that's not a state of mind... it's a lifestyle.
Seems like a good interpretation to me.
Pessimism as a lifestyle is hilarious :)
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ganguteli
02-03 01:50 PM
Hi
I hold a H1b Visa but did not work after coming to US.
Can anybody guide me regarding my current status.
My H1 was approved in 2007 quota and i entered US in march 2008..but was not successful in getting a job and my employer is not running any payroll..
can anybody help me with this??
thankyou
Nice try!!
We all know you are an anti-immigrant trying to post this question and then will try to use it as an example to show how H1bs try to break the law.
Don't you have something better to do like, finding a job after getting laid off or learning something new to upgrade your skills.
I hold a H1b Visa but did not work after coming to US.
Can anybody guide me regarding my current status.
My H1 was approved in 2007 quota and i entered US in march 2008..but was not successful in getting a job and my employer is not running any payroll..
can anybody help me with this??
thankyou
Nice try!!
We all know you are an anti-immigrant trying to post this question and then will try to use it as an example to show how H1bs try to break the law.
Don't you have something better to do like, finding a job after getting laid off or learning something new to upgrade your skills.
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Administrator2
03-25 10:32 AM
Hi antony,
Sorry to hear that. Could you please email us (info@immigrationvoice.org) a number to reach you.
Is there something that another member on the forum can do to help antony?
Thank you for speaking up for yourself and the community.
I was offered a job by a top TARP funded bank and got my offer also around Jan end. Then they found out that TARP funded company cannot hire H1's. They kept me as a contractor for 3 months so that they could try for a work around. In the mean time they interviewed almost 80 people ( out of numerous applications ) and still couldn't find a better person. Now they are trying to keep as a contractor for indefinite period, but they cant do that as well ( top management not supporting ). I just went and talked to my director. She said " It seems that I have to settle for a less qualified person ".
They have been trying to get me on board for past 6 months. I came as a contractor...they wanted me full time ... didnt have funds...they fought with top management and got the funds....then the H1 ban came...and they fought against it too.
Really sad that I cant join their team.
I am ready to talk to the reporter. But, I would prefer not to use my real name and all those things...I dont want my current employer to know that I was trying for another job.Is there a way that I can help ?
Sorry to hear that. Could you please email us (info@immigrationvoice.org) a number to reach you.
Is there something that another member on the forum can do to help antony?
Thank you for speaking up for yourself and the community.
I was offered a job by a top TARP funded bank and got my offer also around Jan end. Then they found out that TARP funded company cannot hire H1's. They kept me as a contractor for 3 months so that they could try for a work around. In the mean time they interviewed almost 80 people ( out of numerous applications ) and still couldn't find a better person. Now they are trying to keep as a contractor for indefinite period, but they cant do that as well ( top management not supporting ). I just went and talked to my director. She said " It seems that I have to settle for a less qualified person ".
They have been trying to get me on board for past 6 months. I came as a contractor...they wanted me full time ... didnt have funds...they fought with top management and got the funds....then the H1 ban came...and they fought against it too.
Really sad that I cant join their team.
I am ready to talk to the reporter. But, I would prefer not to use my real name and all those things...I dont want my current employer to know that I was trying for another job.Is there a way that I can help ?
pal351
05-05 04:34 PM
You will get your GC before your AP and EAD for sure. You missed the 2 year EAD and AP man. ;)
You mean , if we renew our EAD will they will give for 2 Years?? confused..
Thaks,
Pal
You mean , if we renew our EAD will they will give for 2 Years?? confused..
Thaks,
Pal
walking_dude
08-04 11:03 AM
Now that the US Congress is in recess for 5 weeks, lets begin to get organized. It's a good time to visit our Reps and Senators as they will be in their constituencies.
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