gmail
07-21 08:40 PM
Hi,
I applied I-140/485 last July. In November, 2007 I left the previous employer, i.e. before 180 days. In April, 2008, my I-140 is approved, i.e. after 180 days. I have worked for them for 4.5 years.
Now my lawyer told me that legally my I-140 deems invalid because I left before 180 days. I and my ex-employer has to prove that I had the good intent to work for them and my ex-employer had the good intent to hire me after GC is approved. I will have the burden of proof. Since my ex-employer is not willing to cooperate, my GC can be denied or revoked.
What's your opinion on this?
Thanks!
I applied I-140/485 last July. In November, 2007 I left the previous employer, i.e. before 180 days. In April, 2008, my I-140 is approved, i.e. after 180 days. I have worked for them for 4.5 years.
Now my lawyer told me that legally my I-140 deems invalid because I left before 180 days. I and my ex-employer has to prove that I had the good intent to work for them and my ex-employer had the good intent to hire me after GC is approved. I will have the burden of proof. Since my ex-employer is not willing to cooperate, my GC can be denied or revoked.
What's your opinion on this?
Thanks!
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anilsal
11-15 11:23 PM
Since you are filing your GC through a lawyer, it is their job to advice you when the time comes. Keep them informed about your case and they should research and guide.
reddymjm
12-30 09:52 AM
http://www.usdoj.gov/oip/foi-act.htm
you should be able to get a copy of ur i140.
you should be able to get a copy of ur i140.
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niklshah
08-25 11:02 PM
Hi all!
I did quick search on this website and notice nothing about infopass experience at Detroit, MI office ( ... I am sure someone smarty pants is going to say I didn't search hard enough), anyway I wanted to share my expereience, so started this thread.
I have apointment tommorow, and will share what happened ( or didn't). If you had been already thru this, please feel free to share pointers.
Regards and Peace!
I had info pass at detroit office last year regarding my EAD application. They were of no help, they called just in few minutes but it was of no help guy was really rude and he did not want to see any documents which i wanted to show him. so it was of no use. than i went to Senator Levin's office and they were of real good help they followed up on my case and i got my approval in couple of days.
anyways
good luck for your meeting.
I did quick search on this website and notice nothing about infopass experience at Detroit, MI office ( ... I am sure someone smarty pants is going to say I didn't search hard enough), anyway I wanted to share my expereience, so started this thread.
I have apointment tommorow, and will share what happened ( or didn't). If you had been already thru this, please feel free to share pointers.
Regards and Peace!
I had info pass at detroit office last year regarding my EAD application. They were of no help, they called just in few minutes but it was of no help guy was really rude and he did not want to see any documents which i wanted to show him. so it was of no use. than i went to Senator Levin's office and they were of real good help they followed up on my case and i got my approval in couple of days.
anyways
good luck for your meeting.
more...
Hong12
02-16 11:56 PM
I just got my H1 visa and thanks so much for your help. I really appreciate that. I now actually got some questions about the port of entry. As my understanding that they will stamp my passport at the port of entry, I wonder if they will keep my current I-797 at the port of entry (I already have the H1 stamp in my passport). Pls advise. Also, I don�t have the bottom portion of the I-94 on I-797 since I am currently in Malaysia . Would this be a problem? Please also advise if they will issue me the new I-94 at the port of entry. Anybody pls help. Thank you very much.
dpp
12-30 09:31 AM
What you are saying may be logically correct, but USCIS needs the proof on paper. USCIS needs I-140 approval notice to give you 3-year H1B extension. You can try without that, but not gauranteed anything. Same with I-140 applying also, they need original copy of labour approval to file I-140. USCIS has proper application rejection procedures for all this. May be they are not having proper Approval procedures, but they do have proper Rejection procedures depending on documents required to file something.
So finally, you have to get I-140 approval notice, otherwise they won't grant 3-year H1B extension.
I do not see any reason why uscis cannot give 3 year extension with ONLY 485 receipt and I-140 case number printout. With these, USCIS should be able to determine the priority dates and whether the person is retrogressed or not.
An actual case would be helpful.
So finally, you have to get I-140 approval notice, otherwise they won't grant 3-year H1B extension.
I do not see any reason why uscis cannot give 3 year extension with ONLY 485 receipt and I-140 case number printout. With these, USCIS should be able to determine the priority dates and whether the person is retrogressed or not.
An actual case would be helpful.
more...
zoooom
04-09 06:10 PM
i'll kick start this thread myself :D
i am planning to buy a house, i would appreciate if anybody can suggest some good realtors in socal?
I would answer this:
The best realtor is the one who can give you some money back from his commission...:)
Dont rely on the realtor to determine the home price for you. DO some homework...compare homes in the vicinity and come up with a price thats reasonable and mos importantly AFFORDABLE to you.
i am planning to buy a house, i would appreciate if anybody can suggest some good realtors in socal?
I would answer this:
The best realtor is the one who can give you some money back from his commission...:)
Dont rely on the realtor to determine the home price for you. DO some homework...compare homes in the vicinity and come up with a price thats reasonable and mos importantly AFFORDABLE to you.
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vsoni
05-12 08:15 AM
Congratulation �KOSU
I got mine yesterday evening.
Thanks IV for their support during Green card painful journey.
Priority date:- June 2002
EB Category:- EB3
Approved 140: September 2007
Change the Job September 2007
Change EB3 to EB2, Recapture old priority date June 2002
New I140 approve FEB 2007 Premium processing.
New Category EB2
RD I485- May 2007
FP July 2007
NC: Not sure
I 485 approved:- 05/09/2008
I got mine yesterday evening.
Thanks IV for their support during Green card painful journey.
Priority date:- June 2002
EB Category:- EB3
Approved 140: September 2007
Change the Job September 2007
Change EB3 to EB2, Recapture old priority date June 2002
New I140 approve FEB 2007 Premium processing.
New Category EB2
RD I485- May 2007
FP July 2007
NC: Not sure
I 485 approved:- 05/09/2008
more...
pal351
06-05 06:31 PM
Congrats guys,
I am still waiting I Applied my 8th year Extn on Jan 9th almost 5 Months
Hope i will get this week ..
Raj.
I am still waiting I Applied my 8th year Extn on Jan 9th almost 5 Months
Hope i will get this week ..
Raj.
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wandmaker
03-14 06:11 AM
Friends,
Has anyone else come accross this problem? I wanted to remitt funds to India and when I logged in to SBI GLS web site I got the following message:
Due to regulations applicable in your state of residence in USA, we regret that, at present, we are unable to continue offering SBI Express Remit - US (our product using direct debit facility through ACH) till further notice.
We are engaged in meeting the state's current regulatory requirements, and it will be our endeavor to restore to you at the earliest the convenience you have been enjoying. Meanwhile, you may use the aid of Rapid Remittance (Web-assistance for tracking wire transfers) when you use wire transfer from your bank to send funds to your beneficiary accounts in India.
Please mail any of your queries to our customer support team at
Also the remittance options menu has disappeared.
SBI is working to complete statutory formalities, it will take about 10 to 12 weeks to enable "Express Remit" option. You may have to use alternate options until this gets enabled. Hope this helps!
Has anyone else come accross this problem? I wanted to remitt funds to India and when I logged in to SBI GLS web site I got the following message:
Due to regulations applicable in your state of residence in USA, we regret that, at present, we are unable to continue offering SBI Express Remit - US (our product using direct debit facility through ACH) till further notice.
We are engaged in meeting the state's current regulatory requirements, and it will be our endeavor to restore to you at the earliest the convenience you have been enjoying. Meanwhile, you may use the aid of Rapid Remittance (Web-assistance for tracking wire transfers) when you use wire transfer from your bank to send funds to your beneficiary accounts in India.
Please mail any of your queries to our customer support team at
Also the remittance options menu has disappeared.
SBI is working to complete statutory formalities, it will take about 10 to 12 weeks to enable "Express Remit" option. You may have to use alternate options until this gets enabled. Hope this helps!
more...
pash02
05-25 07:50 AM
Sent
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vikki76
04-15 09:19 PM
I agree to every comment made about Cathay /Singopore Airlines- but what are people's experiences with Emirates?
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anujcb
06-04 05:59 PM
I guess its time for us to dust off the good 'ol case status scanner from the shelf and start scanning starting from June 1. I remeber there was a website which used to do this, type in the last some digits of the wac/lin number and it will say the status. Do any of you guys knoew the website?
Also please update the thread if anyone got the receipt notices for june filing, i know its a little too early even for peope who have file on june 1
Do any of you know which service center the lawyer will be applying to if the benefeciary is in california? is it still CSE or did it changed to NSE?
Thanks..
Also please update the thread if anyone got the receipt notices for june filing, i know its a little too early even for peope who have file on june 1
Do any of you know which service center the lawyer will be applying to if the benefeciary is in california? is it still CSE or did it changed to NSE?
Thanks..
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desidas
02-01 12:06 PM
Looking for a Good Attorney in Texas, please - thanks .
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HOPE_GC_SOON
07-15 11:49 AM
The only way to go for Premium processing of 140, is to extend H1 beyond 6 yrs..as of current regulations. So in your case, if you are still around 5 yrs of H1. that would be the solid case, to opt for PP of 140 and h1 ext. So that, your case can have few updates.
This is only my understanding.. I am not a lawyer. I know the pain of Backlog center delays, as my case was there since 09/03 till 05/07. I respect your concern and hopefully u guys are taken care.
Thanks
My husband's GC priority date is EB2 Dec 2003, but I-140 is still pending. We applied for I-140 and I-485 in Nov 2007 after labor was stuck in backlog centers for 4 years.
We are done with finger prints few months ago. No updates on I-140 or I-485s after that.
Is it useful if we take Info pass appintment in this case and enquire about our case status?
Why not USCIS offer I-140 premium processing for older priority dates?
Can I-485 be pre-adjudicated even if I-140 is pending?.
Appreciate any information. Thanks.
This is only my understanding.. I am not a lawyer. I know the pain of Backlog center delays, as my case was there since 09/03 till 05/07. I respect your concern and hopefully u guys are taken care.
Thanks
My husband's GC priority date is EB2 Dec 2003, but I-140 is still pending. We applied for I-140 and I-485 in Nov 2007 after labor was stuck in backlog centers for 4 years.
We are done with finger prints few months ago. No updates on I-140 or I-485s after that.
Is it useful if we take Info pass appintment in this case and enquire about our case status?
Why not USCIS offer I-140 premium processing for older priority dates?
Can I-485 be pre-adjudicated even if I-140 is pending?.
Appreciate any information. Thanks.
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pappu
09-22 01:12 PM
http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070026637
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lskreddy
08-07 05:19 PM
There is no need for you to have H-1B status if you are working in India. If you are not working in the US, you are not in any status and don't need any. You could return to the US in visitor status provided that you were not working here in the US. If you can explain to the consulate that you really intend just a short visit, even though you have permanent residence filed, you should get the B visa.
I'm assuming that you are from India and therefore don't need any visa to work in India.
Thanks. Yes, I am an Indian citizen.
Do I need NO status even if I were on the company's pay roll and getting paid in US dollars while working outside US? In spite of their gracious offer to allow me to work remote, I do foresee a need where they would require my presence (a week or so at a time). Will B1 cover a visit to the company that I am getting paid for? Or, is there a type of B visa that allows me to visit the company and actually work for it?
If you/any others help me point to someone who can help me with IRS implications, that would be great. I don't expect this to be simple, thus my effort to do it the right way. The last thing I would want after spending 10 years here is to break the law.
My company and I will consult before signing on the dotted line. This is just ground work and thanks for all who take the time to answer these questions.
I'm assuming that you are from India and therefore don't need any visa to work in India.
Thanks. Yes, I am an Indian citizen.
Do I need NO status even if I were on the company's pay roll and getting paid in US dollars while working outside US? In spite of their gracious offer to allow me to work remote, I do foresee a need where they would require my presence (a week or so at a time). Will B1 cover a visit to the company that I am getting paid for? Or, is there a type of B visa that allows me to visit the company and actually work for it?
If you/any others help me point to someone who can help me with IRS implications, that would be great. I don't expect this to be simple, thus my effort to do it the right way. The last thing I would want after spending 10 years here is to break the law.
My company and I will consult before signing on the dotted line. This is just ground work and thanks for all who take the time to answer these questions.
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dixie
10-01 01:16 PM
It is not as simple as that. PERM started only last year - march 2005 to be precise. Now imagine someone from India who has a pending LC app using the old system in EB3 in December 2004 - his application would most likely still be languishing in PBEC or DBEC. Optimisitically, assume he gets his labor approved in September 2007 (when DOL has promised to clear the backlogs) - Even assuming he gets his I-140 overnight, an end-of-2004 PD will certainly not be anywhere near current by the rate at which EB3 India dates are progressing, So that means another 4 - 6 years or so just to FILE 485. All this assuming his LC is approved - if LC gets turned down after waiting 3 years, he has to start over with a new 2007 PD !!
This is exactly the situation that one of my colleagues finds himself in.
But once they get their labor approved, they will get their I-140, via premium processing, in a day or two and their PDs will surely be current. So they will immediately be able to file for I-485, and in fact it is unlikely that the dates will retrogress behind 2001.
BUt thanks for your clarification. I used to think PERM has solved problems for all.
This is exactly the situation that one of my colleagues finds himself in.
But once they get their labor approved, they will get their I-140, via premium processing, in a day or two and their PDs will surely be current. So they will immediately be able to file for I-485, and in fact it is unlikely that the dates will retrogress behind 2001.
BUt thanks for your clarification. I used to think PERM has solved problems for all.
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raysaikat
07-10 07:17 PM
Hi,
My friend has this scenario and want expert advise from IV members.
- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months.
- Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
I485 (July fiasco)
- I140 still pending
Question:
1. Does L1 period is counted for H1 extention?
2. Can he do H1 transfer using AC21 without I140 approval?
As 6 years are going to be expired?
3. What if the old employer revokes his I140 now? His GC process is invalid?
4. If we leave about GC, Can he do H1 transfer atleast?
Thanks for your valuable suggestions.
Ask him to request I-140 premium processing; I think he is eligible. He will get the approval/denial in 15 days.
My friend has this scenario and want expert advise from IV members.
- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months.
- Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
I485 (July fiasco)
- I140 still pending
Question:
1. Does L1 period is counted for H1 extention?
2. Can he do H1 transfer using AC21 without I140 approval?
As 6 years are going to be expired?
3. What if the old employer revokes his I140 now? His GC process is invalid?
4. If we leave about GC, Can he do H1 transfer atleast?
Thanks for your valuable suggestions.
Ask him to request I-140 premium processing; I think he is eligible. He will get the approval/denial in 15 days.
kate123
04-09 05:49 PM
OMG :eek: 3 months to withdraw PERM!
Because of attorneys error, back in Jan/2008 we had to with draw perm and refile. It took Just 3 days to withdraw my PERM at that time.
Dear IV Friends,
After reading the title you people must be thinking that i got my GC or 485 approved but the fact is I Finally got my PERM filed this month. The purpose of this thread is to inform anyone who is waiting for PERM withdrawal that it took THREE months to withdrawal my OLD perm application. I hope no one is in this situation.
Whenever i use to post something on IV, folks use to have a generic answer "update your profile" but i couldn't as i was waiting to file my PERM. This for those people who always wanted me to update my profile. Checkout my Priority date is April 09 :D in my profile
I am in my 5th year of H1b hope this time i get my PERM approved. In my earlier Green card process i have already been through this queue two times and now i have to start allover again.
Thanks.
Because of attorneys error, back in Jan/2008 we had to with draw perm and refile. It took Just 3 days to withdraw my PERM at that time.
Dear IV Friends,
After reading the title you people must be thinking that i got my GC or 485 approved but the fact is I Finally got my PERM filed this month. The purpose of this thread is to inform anyone who is waiting for PERM withdrawal that it took THREE months to withdrawal my OLD perm application. I hope no one is in this situation.
Whenever i use to post something on IV, folks use to have a generic answer "update your profile" but i couldn't as i was waiting to file my PERM. This for those people who always wanted me to update my profile. Checkout my Priority date is April 09 :D in my profile
I am in my 5th year of H1b hope this time i get my PERM approved. In my earlier Green card process i have already been through this queue two times and now i have to start allover again.
Thanks.
rajenk
02-11 03:57 PM
I-485 RFE details.
Needed evidences:
1. 2 Passport size photos in USCIS specs.
2. Form I-693 completed by civil surgeon.
We did submit all these requested I-693 and photos during the initial filing. My question is, does USCIS request for new I-693 if the original one submitted is older than one year or more?
Needed evidences:
1. 2 Passport size photos in USCIS specs.
2. Form I-693 completed by civil surgeon.
We did submit all these requested I-693 and photos during the initial filing. My question is, does USCIS request for new I-693 if the original one submitted is older than one year or more?
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