mrane1
05-16 03:05 AM
I got my GC last year auguest but her gc/485 status is stil pending. Is it even possible based on her case was dependent on me? What can I do abt it. Thanks.
I got my GC in 2007... Both me and my wifes PD was aug 03... After 2 infopass appointments and a 1000 letters to president, senators and their chaprasis we gave up. She was current for most of this period. Then last month the GC was in the mail... just like that. So based on my experience, just sit back and relax... If its your wifes desitny to get it then she will.. :D
And here is a big joke... During my second infopass the officer said my wifes application had no connecting primary and a derivative cannot be approved on its own. I told him that the primary (mine) was approved over a year back. He said they must have moved your application... I immediately pictured a govt office in India with milions of files stored in the shelves... Long story short he took a copy of my GC and my 485 notice and said it was very strange and that my wife would receive her GC in the next 2 weeks... Nothing obviously happened after that!
I got my GC in 2007... Both me and my wifes PD was aug 03... After 2 infopass appointments and a 1000 letters to president, senators and their chaprasis we gave up. She was current for most of this period. Then last month the GC was in the mail... just like that. So based on my experience, just sit back and relax... If its your wifes desitny to get it then she will.. :D
And here is a big joke... During my second infopass the officer said my wifes application had no connecting primary and a derivative cannot be approved on its own. I told him that the primary (mine) was approved over a year back. He said they must have moved your application... I immediately pictured a govt office in India with milions of files stored in the shelves... Long story short he took a copy of my GC and my 485 notice and said it was very strange and that my wife would receive her GC in the next 2 weeks... Nothing obviously happened after that!
gc_chahiye
10-26 03:52 PM
W... For regular applications, they don't even have a column asking for any valid reason.
....
Right. The Initial Evidence section of the I-131 form. Under section I part C 1 b. on page 4 (page 4 in PDF, page 3 printed on that doc) does mention this:
An explanation or other evidence showing the circumstances that warrant issuance of an advance parole document; or
but the very next line is that the alternative to this is a copy of the USCIS receipt of your 485. So just USCIS receipt (or even receipt number) should be good enough for us (or if you filed all three together, dont even need that).
Anyway to OP: ask your lawyer to apply, you should not face any problems getting it.
....
Right. The Initial Evidence section of the I-131 form. Under section I part C 1 b. on page 4 (page 4 in PDF, page 3 printed on that doc) does mention this:
An explanation or other evidence showing the circumstances that warrant issuance of an advance parole document; or
but the very next line is that the alternative to this is a copy of the USCIS receipt of your 485. So just USCIS receipt (or even receipt number) should be good enough for us (or if you filed all three together, dont even need that).
Anyway to OP: ask your lawyer to apply, you should not face any problems getting it.
st4rguitar
04-06 01:46 PM
I filed my LC on June 06. The Certification was denied on Feb 07, I filed an appeal right away, and I have not heard anything. I called the DOL so many time and they gave me the same response: "Your case is in process, we work on first in, first out, and we do not expedited cases, we don't have a frame time" That is not a concrete answer.
There is any body that faced a similar situation, Please advised�. what to do!!!!
Thank u.
First of all if you are the employee for whom the case has been filed, you should NOT be contacting the Dept. of Labor. The purpose of the DOL as stated in the regs is to notify the USCIS that there are no able, willing, or qualified US workers for the position, and that's why they are granting you the position. If you call, especially over and over as you have indicated, that's a big red flag. Leave it alone and let your attorney or employer contact them.
As bluntly as Endless put it, he is correct in what he's saying. You should not be contacting them.
There is any body that faced a similar situation, Please advised�. what to do!!!!
Thank u.
First of all if you are the employee for whom the case has been filed, you should NOT be contacting the Dept. of Labor. The purpose of the DOL as stated in the regs is to notify the USCIS that there are no able, willing, or qualified US workers for the position, and that's why they are granting you the position. If you call, especially over and over as you have indicated, that's a big red flag. Leave it alone and let your attorney or employer contact them.
As bluntly as Endless put it, he is correct in what he's saying. You should not be contacting them.
mingan
12-19 02:10 PM
Jut get a notorized letter from a ex-employee preferable lead and manager. Also it would be nice if she/he gives it in letter head
you mean ex-employee on his current employer's letter head? does it work?
you mean ex-employee on his current employer's letter head? does it work?
more...
tselva
07-05 08:15 PM
I have just thought of something (don't know that anyone discussed this in our forum), what if USCIS do not reject the cases filed for July and keep the packages back for few months or years, just saying...
a) Need to record each application that they have received
b) Need to make sure that there are no concurrent I-140 filings
c) Need to differentiate the packages received in June and July
d) Etc
e) Etc
What will happen to AILA' Plaintiffs? Can they sue just having FedEx/UPS tracking number and the updated visa bulletin?
What will happen to the folks applied on 1st July? They are not going to have AP and EAD in the future. Few of their visas may need renewal soon. How can the travel outside USA? I know there are lots more problems than this.....
What will happen, if Oct Visa Bulletin is moved to up to 2005 for all the EB categories and the people who have filed in July not received the packages back in the meantime?
Moreover, who knows, USCIS may not send the packages back for several weeks to avoid lawsuit. What will happen to the people who applied on 07/02?
a) Need to record each application that they have received
b) Need to make sure that there are no concurrent I-140 filings
c) Need to differentiate the packages received in June and July
d) Etc
e) Etc
What will happen to AILA' Plaintiffs? Can they sue just having FedEx/UPS tracking number and the updated visa bulletin?
What will happen to the folks applied on 1st July? They are not going to have AP and EAD in the future. Few of their visas may need renewal soon. How can the travel outside USA? I know there are lots more problems than this.....
What will happen, if Oct Visa Bulletin is moved to up to 2005 for all the EB categories and the people who have filed in July not received the packages back in the meantime?
Moreover, who knows, USCIS may not send the packages back for several weeks to avoid lawsuit. What will happen to the people who applied on 07/02?
waitingnwaiting
05-20 01:32 PM
"We are beneficiaries of an EB3 petition"
Isn't that the biggest issue with several of us! :)
Beneficiary of EB3????? OP is making a cruel joke too aside from starting a game seeking smart guys for a date
Has anyone benefitted from filing in EB3?
Victims of EB3 petition is correct.
Isn't that the biggest issue with several of us! :)
Beneficiary of EB3????? OP is making a cruel joke too aside from starting a game seeking smart guys for a date
Has anyone benefitted from filing in EB3?
Victims of EB3 petition is correct.
more...
mattresscoil
11-05 01:03 PM
Fellow IVians:
Background:
We are one EAD/AP. (may not matter in this scenario but still mentioning)
My daughter is a US born Citizen and she is under 2 years old with a valid Indian VISA.
She has been living in India with her Grand Parents for the past one year.
She will be travelling to the US accompanied by her uncle & Aunt who are returning to USA at the end of their vacation.
Question:
Since both parents are not accompanying the infant is there some documentation needed?
Has anyone done this before? Can you please post your experiences and suggestions?
I will be preparing a notarized letter of consent along with her Birth Certificate...is there anything else?
Any information will be sincerely appreciated
Thanks, Mattresscoil!!
Background:
We are one EAD/AP. (may not matter in this scenario but still mentioning)
My daughter is a US born Citizen and she is under 2 years old with a valid Indian VISA.
She has been living in India with her Grand Parents for the past one year.
She will be travelling to the US accompanied by her uncle & Aunt who are returning to USA at the end of their vacation.
Question:
Since both parents are not accompanying the infant is there some documentation needed?
Has anyone done this before? Can you please post your experiences and suggestions?
I will be preparing a notarized letter of consent along with her Birth Certificate...is there anything else?
Any information will be sincerely appreciated
Thanks, Mattresscoil!!
laksmi
07-03 03:29 PM
you can go to any consulate in india to get you visa stamped, regarding PIMS verification no idea in india if you can verify before you go for stamping.
more...
Leo07
06-26 09:28 AM
^^^^^^^^^^^^^^Just a bump^^^^^^^^^^^^^^^^^^^
techysingh
01-15 10:17 AM
You do need your AP and you would atleast copy (original is better) for your I140 approval and I485 receipt, I would have used DHL/FEDEX overnight or fastest service to make sure it is not lost. It is more money but best chance of not getting lost in transit.
Here is my story. I am writing it for the benefit of all IV people in similar situation.
I had the same case in 2008, I got pink slip for my H1B stamping on Feb 1. on Feb 15 I got a call that my case is clear and I can get it stamped. I gave my passport on 17th and checked for status on 20th and I was told that my case went into another admin processing and no time duration is known.
Due to circumstances I had to travel on my AP on Feb 21 to US (I became an advance parolee). But my H1B approval was still valid and I could use my H1B to work in US. I even used the H1B approval+I94(AP based) for H1B amendment and my new I94 was changed to H1B instead of advance parolee.
I got a call in may 2007 from consulate that my case is now clear and I can come for stamping. I requested them via email+phone to keep my case active until i come back to india in Nov 2008
Now this scenario had a few gochas in it
If I travel to India after the clearance call from delhi consulate before my I94 was modified. i.e. my I94 still has parolee status. If H1B is samped on the older I797 the good other wise next time i enter US on AP my H1B is gone since AP only lets you resume your status that you had before you left US and entered into US using AP.
In my case luckily my status had changed to H1B due to H1B amendment so I could enter into US again on AP and still be able to maintain H1B status.
This my story and based on research my wife did after i was stuck in India. And I did consult my company lawyer to check for the exact list of documents I need to carry with me in case I need them while entering into US.
Be ready for longer than ususal time at the entry port since AP processing takes lot more time than a visa stamp(mine took 3 hours at LAX)
All the best
Here is my story. I am writing it for the benefit of all IV people in similar situation.
I had the same case in 2008, I got pink slip for my H1B stamping on Feb 1. on Feb 15 I got a call that my case is clear and I can get it stamped. I gave my passport on 17th and checked for status on 20th and I was told that my case went into another admin processing and no time duration is known.
Due to circumstances I had to travel on my AP on Feb 21 to US (I became an advance parolee). But my H1B approval was still valid and I could use my H1B to work in US. I even used the H1B approval+I94(AP based) for H1B amendment and my new I94 was changed to H1B instead of advance parolee.
I got a call in may 2007 from consulate that my case is now clear and I can come for stamping. I requested them via email+phone to keep my case active until i come back to india in Nov 2008
Now this scenario had a few gochas in it
If I travel to India after the clearance call from delhi consulate before my I94 was modified. i.e. my I94 still has parolee status. If H1B is samped on the older I797 the good other wise next time i enter US on AP my H1B is gone since AP only lets you resume your status that you had before you left US and entered into US using AP.
In my case luckily my status had changed to H1B due to H1B amendment so I could enter into US again on AP and still be able to maintain H1B status.
This my story and based on research my wife did after i was stuck in India. And I did consult my company lawyer to check for the exact list of documents I need to carry with me in case I need them while entering into US.
Be ready for longer than ususal time at the entry port since AP processing takes lot more time than a visa stamp(mine took 3 hours at LAX)
All the best
more...
ar
02-04 06:07 PM
I don't think your design skills are quite good enough yet to be starting a studio. No offense but I think you'd be better off with a bit more practice before you step out in to the world of the design industry.
Who were you talking about
Who were you talking about
Fugu
01-11 03:02 PM
The company should really have changed your husband to H-1B before the end of his 6th year in L-1 status. You count L-1 and H-1B time together to get a maximum of 6 years H-1B. Since he has almost used 6 years, and the cap has been reached for h-1Bs, he cannot change now. If the permanent residence (PR) process had been filed before the end of his 5th year, and he had changed to H-1B, he could get 7th+ year H-1B extensions while the PR process was ongoing. Unfortunately, there are no such extensions for L-1 holders, so that once they reach the end of their maximum stay, they must leave.
The company could file for your husband's PR while he is outside the US, and this is worth discussing.
Thank you for your reply.
The reason that we chose to go the L1A route instead of the H1B is that we do not plan on living in the US forever, if it was possible to just keep continuing extending our visa then we would as it is the cheaper option for the company and gives us more freedom.
Choosing the L1A instead of the H1B gave us up to 7 years instead of 6 before we have to apply for PR.
I was under the impression you could apply for PR from and L1A, I am confused with your reply, why can we not apply for PR from an L1A? If the processing times are shorter then maybe it could be processed before our visa expiration.
Thanks
The company could file for your husband's PR while he is outside the US, and this is worth discussing.
Thank you for your reply.
The reason that we chose to go the L1A route instead of the H1B is that we do not plan on living in the US forever, if it was possible to just keep continuing extending our visa then we would as it is the cheaper option for the company and gives us more freedom.
Choosing the L1A instead of the H1B gave us up to 7 years instead of 6 before we have to apply for PR.
I was under the impression you could apply for PR from and L1A, I am confused with your reply, why can we not apply for PR from an L1A? If the processing times are shorter then maybe it could be processed before our visa expiration.
Thanks
more...
pappu
06-29 10:08 AM
I am putting an extra freshly painted mailbox with a big bold name in red color and a message-- 'Put my greencard here' for the postman. :)
Lets see how many years it will take for him to finally grant me my wish.
Lets see how many years it will take for him to finally grant me my wish.
zoozee
06-11 04:18 PM
Does anyone out there knows when is the next visa bulletin,I mean with the date the bulletin will be released?
Zee.
Zee.
more...
Karthikthiru
07-18 01:14 AM
We all should organize and fight for Recapturing the VISA numbers and also for SKIL bill
Karthik
Karthik
chanduv23
08-03 11:10 PM
Please navigate to the following threads and do the action items
http://immigrationvoice.org/forum/showthread.php?t=11694&page=2
http://immigrationvoice.org/forum/showthread.php?t=11962
http://immigrationvoice.org/forum/showthread.php?t=11694&page=2
http://immigrationvoice.org/forum/showthread.php?t=11962
more...
meet_rayhan
08-10 06:43 PM
Hi,
I have fallen through the same situation. Does any one has any estimate or any contact # to contact DOL for this kind of case? I do not have much time as my current Visa is expiring pretty soon.
My lawyer has already sent all the information to DOL and we are waiting for response. I am in a real panic mode at this time.
Thanks,
Rayhan Khan
I have fallen through the same situation. Does any one has any estimate or any contact # to contact DOL for this kind of case? I do not have much time as my current Visa is expiring pretty soon.
My lawyer has already sent all the information to DOL and we are waiting for response. I am in a real panic mode at this time.
Thanks,
Rayhan Khan
haveaquestion
03-06 01:07 AM
Hi I'm currently working as a strategist in an ad agency on OPT, which expires in June this year. My H1B application was denied because my major in college was French and the lawyer obviously wasn't able to establish the connection between my major and my work (although in my defense, my college was a liberal arts college, there weren't any specialized majors such as advertising, communications, etc. It's all about cultivating critical thinking, analytical skills, communication skill, which are all essential to working in advertising). So my question is, if in the future I want to come back to the US on an H1B visa, would that be possible? Is this issue with my major going to haunt me for at least 12 years (as in 3 years of working experience equal 1 year of college education)? Given that I do want to stay in the advertising industry, what are my options to solve this issue? Would getting an MBA with a marketing focus solve this?
PS: I understand another way to come back to the US by employment is via L1 visa. However, the prerequisite would be that I was already working in that company's overseas office, correct? So, if I received an offer from a company in the US without having worked in one of its overseas branch, I would still have to apply an H1B, correct?
Thank you very much!
PS: I understand another way to come back to the US by employment is via L1 visa. However, the prerequisite would be that I was already working in that company's overseas office, correct? So, if I received an offer from a company in the US without having worked in one of its overseas branch, I would still have to apply an H1B, correct?
Thank you very much!
chanduv23
11-05 01:07 PM
Tri State Also participates in operation 100, come on Tri State folks lets do it together with Texas
hopefulgc
12-30 12:55 AM
Even though we have a very honest agenda at heart which at its very core aims to help America be more competitive in the global scene, apparently, we need to have the financial clout to be able to turn heads and thus have our voices heard.
Here is an idea: say we have roughly 500 members out of this vast array of 35000+ members who have the heart and the will to contribute. we get $2000 from each and place it in an escrow trust account that does not release money for expenditure unless we reach $1 mln
why? because the first 10 or 50 contributers are the most elemental in getting such a campaign off the ground and we need to give them a guarantee that its an ALL or NOTHING DEAL. If for some reason we stop at $10k because only 5 members contributed and no more are ready to contribute (unlikely), those 5 members can get their money back.
now is $2000 a huge amount?.. absolutely... but maybe we could tweak this amount or do some payback if we have more people stepping forward in excess of 500. and the amount of payback depends on how early your contributed to the campaign. The first 50 guys could even get a substantial part of their contribution back.
People, we gotta swing for the fences, the next time we go to play.
It has taken us some time to understand how the lobbying game is played.. but this time "Lets play to win"
As evident from current campaigns (http://immigrationvoice.org/forum/showthread.php?p=210276#post210276), we need to be a big fish.. a million $+ whale to be taken seriously.
Lastly, i'm just presenting an idea .. its not endorsed by IV core.. and I maybe overlooking some finer points of non-profit corporate taxation and finance.
Here is an idea: say we have roughly 500 members out of this vast array of 35000+ members who have the heart and the will to contribute. we get $2000 from each and place it in an escrow trust account that does not release money for expenditure unless we reach $1 mln
why? because the first 10 or 50 contributers are the most elemental in getting such a campaign off the ground and we need to give them a guarantee that its an ALL or NOTHING DEAL. If for some reason we stop at $10k because only 5 members contributed and no more are ready to contribute (unlikely), those 5 members can get their money back.
now is $2000 a huge amount?.. absolutely... but maybe we could tweak this amount or do some payback if we have more people stepping forward in excess of 500. and the amount of payback depends on how early your contributed to the campaign. The first 50 guys could even get a substantial part of their contribution back.
People, we gotta swing for the fences, the next time we go to play.
It has taken us some time to understand how the lobbying game is played.. but this time "Lets play to win"
As evident from current campaigns (http://immigrationvoice.org/forum/showthread.php?p=210276#post210276), we need to be a big fish.. a million $+ whale to be taken seriously.
Lastly, i'm just presenting an idea .. its not endorsed by IV core.. and I maybe overlooking some finer points of non-profit corporate taxation and finance.
suryamnb
12-03 09:41 AM
Friends,
Company A sponsored my GC (PERM & 140 Approved) and soon after 180 day wait period had passed, I moved to company B and started working on EAD.
Now, company B is going to be merged with Company C. Then what will be my status? Do I need to do any thing to keep my GC process alive?
Thanks!
Company A sponsored my GC (PERM & 140 Approved) and soon after 180 day wait period had passed, I moved to company B and started working on EAD.
Now, company B is going to be merged with Company C. Then what will be my status? Do I need to do any thing to keep my GC process alive?
Thanks!
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