rvenkat1976
04-09 12:19 AM
My labour was filed in RIR on March 2005 and got approved on August 2006.
The employer filed for a I-140 in November 2006.
But in July 2007 while filing for I-485 the attorney filed another I-140 which triggered a duplicate filing on the previous I-140.
Then in August 2008 when the second I-140 came for processing it got DENIED reason stating the attorney did not attach the certified labour copy while filing the I-140 (how silly it is ).
But quickly to cover up their mistakes the attorney filed a MTR in August 2008 for the second I-140.
My 6th year of H1B expired on November 2008 and my employer filed for 7th year extn based on approved labour and pending MTR.
December 2008 the MTR got denied till date the employer is not talking about what happened to the MTR why it got DENIED. Subsequently my I-485 got DENIED. Also got an RFE on the 7th year H1B extn.
Now to cover up again the attorney on the directions on my employer filed a new I-140(which is my third). And replied to the H1B RFE and the current online status shows case resumed as of January 2009.
QUESTION:
1. Am I technically Out of Status?
2. If yes from when precisely?
3. Is there any chances of applying a new H1B in premium processing?
4. Will there be any chances of re instating the I-485 if the third I-140 gets approved?
5. Is there a way to atleast ask the attorney to refund all the money that I have wasted because of the negligence of the attorney?
Adding salt to the wound I have one more situation here.
I need to renew my Indian Passport which is expiring in June 2009 (another 2 months).
I dont have an approval notice with me, is it possible to renew the passport with the H1B receipt?
Is there any Same Day passport service at SFO Indian Consulate?
Kindly excuse me if I am confusing or not clear on points. I am very confused and mentally upset.
Please GURU's I am eagerly waiting for some +tive notes.
Thanks
The employer filed for a I-140 in November 2006.
But in July 2007 while filing for I-485 the attorney filed another I-140 which triggered a duplicate filing on the previous I-140.
Then in August 2008 when the second I-140 came for processing it got DENIED reason stating the attorney did not attach the certified labour copy while filing the I-140 (how silly it is ).
But quickly to cover up their mistakes the attorney filed a MTR in August 2008 for the second I-140.
My 6th year of H1B expired on November 2008 and my employer filed for 7th year extn based on approved labour and pending MTR.
December 2008 the MTR got denied till date the employer is not talking about what happened to the MTR why it got DENIED. Subsequently my I-485 got DENIED. Also got an RFE on the 7th year H1B extn.
Now to cover up again the attorney on the directions on my employer filed a new I-140(which is my third). And replied to the H1B RFE and the current online status shows case resumed as of January 2009.
QUESTION:
1. Am I technically Out of Status?
2. If yes from when precisely?
3. Is there any chances of applying a new H1B in premium processing?
4. Will there be any chances of re instating the I-485 if the third I-140 gets approved?
5. Is there a way to atleast ask the attorney to refund all the money that I have wasted because of the negligence of the attorney?
Adding salt to the wound I have one more situation here.
I need to renew my Indian Passport which is expiring in June 2009 (another 2 months).
I dont have an approval notice with me, is it possible to renew the passport with the H1B receipt?
Is there any Same Day passport service at SFO Indian Consulate?
Kindly excuse me if I am confusing or not clear on points. I am very confused and mentally upset.
Please GURU's I am eagerly waiting for some +tive notes.
Thanks
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LC2002
10-26 03:25 PM
Picture on this is scanned image of original picture you sent.
It is like h1 aproval notice with a photograph in it
It is like h1 aproval notice with a photograph in it
walker15
02-01 09:34 AM
I used Rajiv Khanna and Amarnath Gowda(www.gowda.com). They both were good and will provide satisfactory service.
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logiclife
06-20 02:26 PM
:( :( unfortunatelly I don't have 140 copy. :( It seems I can't do anything in this case.
I think you can file an FOIA (freedom of information act) form to get copy of your 140 approval from USCIS. The only problem is that it will take some time to do that.
However, do it in any case. You will need that 140 approval later on, even for filing H1 transfer after your intial 6 years are gone.
Guys and gals: Please use all tactics possible and all negotiating powers possible to get copies of approvals from your employers for your file. Whether its 140 or H1, you should have copies of them. The copies are not employer's properties. The petitions are. A photocopy is a piece of paper that says something. If you have photocopy, doesnt mean you own that H1 or 140. Dont fall for this bullshit that "H1 and 140 are properties of the employer so we cant give it to you". BULLSHIT. If someone has a photocopy of the title of my car, does it mean that he owns that car?? NO. I still own it. Anyone can have a photocopy of it. In fact, DMV does have a copy of it. HAVING XEROX COPIES DONT IMPLY TRANSFER OF OWNERSHIP OR OWNERSHIP OF PETITIONS.
PLEASE FIGHT THIS BULLSHIT AND TRY TO GET OUT OF THE MESS.
There is a provision in CIR that's pending that makes it mandatory for employers to share all immigration paperwork photocopies with employees. That proves that ITS COMMON SENSE that it should be done if its not already done by some crooked employers.
I think you can file an FOIA (freedom of information act) form to get copy of your 140 approval from USCIS. The only problem is that it will take some time to do that.
However, do it in any case. You will need that 140 approval later on, even for filing H1 transfer after your intial 6 years are gone.
Guys and gals: Please use all tactics possible and all negotiating powers possible to get copies of approvals from your employers for your file. Whether its 140 or H1, you should have copies of them. The copies are not employer's properties. The petitions are. A photocopy is a piece of paper that says something. If you have photocopy, doesnt mean you own that H1 or 140. Dont fall for this bullshit that "H1 and 140 are properties of the employer so we cant give it to you". BULLSHIT. If someone has a photocopy of the title of my car, does it mean that he owns that car?? NO. I still own it. Anyone can have a photocopy of it. In fact, DMV does have a copy of it. HAVING XEROX COPIES DONT IMPLY TRANSFER OF OWNERSHIP OR OWNERSHIP OF PETITIONS.
PLEASE FIGHT THIS BULLSHIT AND TRY TO GET OUT OF THE MESS.
There is a provision in CIR that's pending that makes it mandatory for employers to share all immigration paperwork photocopies with employees. That proves that ITS COMMON SENSE that it should be done if its not already done by some crooked employers.
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10-10 09:08 PM
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peer123
07-18 07:57 PM
and researched by Pappu himself. Check the archives in the last 30 days.
bottomline: its a gray area and no one is sure. There is no law against doing it, some lawyers recommend it (Rajiv Khanna), others discourage as it could confuse USCIS and cause delays (Murthy) yet others say its simply not allowed.
Thanks for your input... any other thoughts on this topic
bottomline: its a gray area and no one is sure. There is no law against doing it, some lawyers recommend it (Rajiv Khanna), others discourage as it could confuse USCIS and cause delays (Murthy) yet others say its simply not allowed.
Thanks for your input... any other thoughts on this topic
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m306m
04-15 02:23 PM
My wife has ITIN till last year and we filed jointly. This year she has a social security number and we filed using social security number. Return was rejected by IRS saying that my wife's last year's AGI is wrong. Has anyone run into this ? What was the resolution ?
This happened to me as well. The efile will fail because of the switch from ITIN to SSN. I then did not efile my taxes instead mailed it to the IRS. Next year you should be able to efile since the record is straight with the IRS.
This happened to me as well. The efile will fail because of the switch from ITIN to SSN. I then did not efile my taxes instead mailed it to the IRS. Next year you should be able to efile since the record is straight with the IRS.
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yestogc
07-07 10:04 PM
How can we know the status of 485, I mean is it pre-adjudicated or not ??
Also what is this POJ method, can you please enlighten.
Also what is this POJ method, can you please enlighten.
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prem_goel
08-15 09:36 AM
would appreciate if any of you experts can share some intelligent thoughts on it...
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getgreensoon1
05-11 02:27 PM
I will be applying for Employment Based green card (EB 1) as I am a multinational Manger . Would also like to include my spouse in the process. He is currently entering the US in July on F1 Visa to enroll into full time masters for 2 years My employer can file for a green card anytime
I would like to understand the following 1) Can my spouse continue in F1 status and be eligible for internship and OPT until the green card is received 2) Is there any consequences to his present status (F1) because we are going to process his green card? 3) Can he obtain EAD/H1 after his education if the green card is still pending
We don't want to get into a situation where he has lost his privilages as a F1 student because he has applied for green card.Please advice
WHy should his greencard be pending after two years ? He should get it as soon as you get it. In your case, since you are a MULTINATIONAL MANAGER, you should get this in a few weeks.
If you work for companies that commit EB1 multinational manager fraud everyday such as Infosys, TCS, congizant, LT, Wipro, its very likely that your EB1 application will be rejected. USCIS is now aware of these frauds very well and they are cracking down on this very rigourously. I am sure in your case you must be having a bachelors degree (may not be in engineering) and you must have worked in the parent company for a few years and now moved to the US. There must be one software engineer reporting to you in India for a few months until your case is processed. This has been a recipe for disaster in the last few months but you can still try your luck.
I would like to understand the following 1) Can my spouse continue in F1 status and be eligible for internship and OPT until the green card is received 2) Is there any consequences to his present status (F1) because we are going to process his green card? 3) Can he obtain EAD/H1 after his education if the green card is still pending
We don't want to get into a situation where he has lost his privilages as a F1 student because he has applied for green card.Please advice
WHy should his greencard be pending after two years ? He should get it as soon as you get it. In your case, since you are a MULTINATIONAL MANAGER, you should get this in a few weeks.
If you work for companies that commit EB1 multinational manager fraud everyday such as Infosys, TCS, congizant, LT, Wipro, its very likely that your EB1 application will be rejected. USCIS is now aware of these frauds very well and they are cracking down on this very rigourously. I am sure in your case you must be having a bachelors degree (may not be in engineering) and you must have worked in the parent company for a few years and now moved to the US. There must be one software engineer reporting to you in India for a few months until your case is processed. This has been a recipe for disaster in the last few months but you can still try your luck.
more...
kart2007
11-18 01:31 PM
I have been trying to change my address online for the last two days and it looks like the system is down. I called them up and they are not able to do it either. What a mess. I hope they don't mail our applications till the issues are resolved.
Also if I only want to change address on pending applications but not AR-11, there is no such option (other than calling them).
It looks like their systems are down since yesterday. Today even case status wasnt working for a while (it seems to be working now).
Anyone else having issues?
Also if I only want to change address on pending applications but not AR-11, there is no such option (other than calling them).
It looks like their systems are down since yesterday. Today even case status wasnt working for a while (it seems to be working now).
Anyone else having issues?
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harivenkat
08-05 01:40 PM
.. h1bs will be naturalized ...
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sarasuva
01-30 12:37 AM
My employer says that USCIS confused with another employer with the same name who is not funcioning from 2003(Or this guys would have given their old Licence number of 2003 to USCIS while applying I140 which was overlooked by USCIS while approval). On this confusion they 'Intent to revoke'.My employer has sent the current licence they have to USCIS. So we are waiting for the decision. But I did not see the 'Intent to Revoke' letter myself. They are not sending it too. So i am nervous and thinking of other options.
USCIS site says that additional documents has been received and they will make a decision soon.
USCIS site says that additional documents has been received and they will make a decision soon.
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gr8dain
June 14th, 2005, 07:51 AM
Forgive my ignorance, but would you be able to use the extension tubes mentioned above with a third party lens like the Sigma Gary mentioned? Obviously the Sigma lens would have to be a Nikon mount since the tubes mentioned above are Nikon, but assuming the mounts were the same would that work?
Dain
Dain
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dealsnet
04-19 02:36 PM
H1B and Employment based GC is for people in speciality fields and for the shortage of US workers for the jobs.
It is not possible for any jobs on commission basis. PERIOD.
You can work on OPT.
Hello,
I have been living in the USA for the last 5 years going to school with a F1 Visa. I have a Bachelor Degree in Art and a Master Degree in Business. I am currently living in New York City. I plan to work as a Real Estate agent through my OPT. Can I qualify for a green card?
in which class real estate agent falls into, EB1, EB2, EB3 or EB4???
Thank You for your time.
It is not possible for any jobs on commission basis. PERIOD.
You can work on OPT.
Hello,
I have been living in the USA for the last 5 years going to school with a F1 Visa. I have a Bachelor Degree in Art and a Master Degree in Business. I am currently living in New York City. I plan to work as a Real Estate agent through my OPT. Can I qualify for a green card?
in which class real estate agent falls into, EB1, EB2, EB3 or EB4???
Thank You for your time.
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saimrathi
08-17 11:18 AM
When things are all set..... I wonder when that will be.... Will it be after one gets RN... or GC.. or Citizenship...
I would have reported the doctor's mix up, but the staff at the clinic said that they didnt know they had to provide a supplimentary form.. as per them, the I-693 didnt say a suppli form had to be sent.. i didnt bother to check if what they were saying is true, becoz its not in our hands anyway.. hopefully it will only be a RFE.. and my lawyer did say they will send the new sealed envelopes to USCIS once they get the receipts..
That is unfortunate. I hope everything gets taken care for you and you get the receipts.
When things are all set, why don't you send an official complaint to the USCIS about the doctor. I wonder how she became a "Civil Surgeon" if she doesn't know as simple a thing as sending a supplement form for vaccinations. It would be good to get such doctors weeded out of the USCIS system.
I would have reported the doctor's mix up, but the staff at the clinic said that they didnt know they had to provide a supplimentary form.. as per them, the I-693 didnt say a suppli form had to be sent.. i didnt bother to check if what they were saying is true, becoz its not in our hands anyway.. hopefully it will only be a RFE.. and my lawyer did say they will send the new sealed envelopes to USCIS once they get the receipts..
That is unfortunate. I hope everything gets taken care for you and you get the receipts.
When things are all set, why don't you send an official complaint to the USCIS about the doctor. I wonder how she became a "Civil Surgeon" if she doesn't know as simple a thing as sending a supplement form for vaccinations. It would be good to get such doctors weeded out of the USCIS system.
more...
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girishvar
02-26 12:46 PM
You have to use only H4. Under the last action taken rule B1/B2 is automatically invalid. Again H4 allows you to have dual intention for filing green card.
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Prasad_FL
08-02 11:33 PM
Chennai consulate would take 1 or 2 days for processing. You can send an email to them or talk to VFS and request if they can re-schedule it for earlier date.
Wen you do not have much time, you should not take any chance. Try to reschedule it in Delhi or Bombay.
Chennai consulate took 2 days in 2005.
Delhi consulate took 2 days in 2006.
Wen you do not have much time, you should not take any chance. Try to reschedule it in Delhi or Bombay.
Chennai consulate took 2 days in 2005.
Delhi consulate took 2 days in 2006.
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rangaswamy
06-21 09:34 AM
Thanks for all the replies. Its a very good point that the medical wil get delayed as i have mine scheduled next thursday.
Will see if there is any work around.
Also... You can submit your husbands work papers as you are a dependent.
If you are an engineer then definitely you should have an ecnr but you can have what ever is on your current passport
I dont know about 31 myself. i will update this posting if i go to the consulate tomorrow.
Will see if there is any work around.
Also... You can submit your husbands work papers as you are a dependent.
If you are an engineer then definitely you should have an ecnr but you can have what ever is on your current passport
I dont know about 31 myself. i will update this posting if i go to the consulate tomorrow.
YesGC_NoGC
07-14 02:41 PM
One of my friend informed that his check has been encashed, his application was delivered to USCIS on July 2nd, His priority date was current in June.
gc_nebraska
01-11 11:48 AM
Siddharta ! My wife is a Canadian PR since 2 yrs and we live in the US, Can i apply for Canadian PR through spouse living in the US? Do you recommend any website for applications, is there any process please help.
Thanks in Advance
Thanks in Advance
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