willy007
10-20 08:35 PM
The old lawyer has to notify USCIS that he is pulling out of your case or the new lawyer has to send the new G-28.
bump
^^^^^^^
What if he/she chose not to let USCIS know about it? Basically, you have no options than to hire a new lawyer to file G-28; otherwise USCIS will continue to send correspondence to the lawyer on file. If you don't file new G-28, the old lawyer can get every information on file from USCIS. Read G-28 for more information.
You are required to send the letter to where your case is filed.
I hope this helps and good luck on your green card chase.
Thanks canmt.
By the way, for the G-28, it doesn't have to be an attorney right? So, I can get somebody else that I trust to sign them to be my representative. Will this work? If I were to put my own name to be my own representative, is that going to flag them?
Do you know how much is it to get an attorney to sign the G-28 form? My PD is 3 years away, so I am pretty sure that the attorney won't have to do anything for quite a while (except for signing the form of course). If there are no RFE, the attorney possibly would not need to do anything at all.
bump
^^^^^^^
What if he/she chose not to let USCIS know about it? Basically, you have no options than to hire a new lawyer to file G-28; otherwise USCIS will continue to send correspondence to the lawyer on file. If you don't file new G-28, the old lawyer can get every information on file from USCIS. Read G-28 for more information.
You are required to send the letter to where your case is filed.
I hope this helps and good luck on your green card chase.
Thanks canmt.
By the way, for the G-28, it doesn't have to be an attorney right? So, I can get somebody else that I trust to sign them to be my representative. Will this work? If I were to put my own name to be my own representative, is that going to flag them?
Do you know how much is it to get an attorney to sign the G-28 form? My PD is 3 years away, so I am pretty sure that the attorney won't have to do anything for quite a while (except for signing the form of course). If there are no RFE, the attorney possibly would not need to do anything at all.
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freddyCR
July 27th, 2005, 05:24 PM
I never clone imperfections on flowers...I do on faces , though. :)
sanju_dba
09-27 01:26 PM
Dear Admin, can you please delete above post by eastindia!
EastIndia : 94% of the voters know how to use it, and I hope you are one among them.
EastIndia : 94% of the voters know how to use it, and I hope you are one among them.
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amsgc
07-23 12:08 AM
Did you send them a copy of the approved I-140 and request them to port the PD?
Also, do you know if your previous I-140 has been withdrawn?
All,
I feel that those who concurrently filed I-140/485 in July 2007 are very lDcky!
Here is my situation -
Previous Employer -
EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007
New Employer -
EB2, PD-Dec'-07, I-140 (Feb'08 - pending)
Question -
Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.
Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.
Any "Creative" thoughts on how to approach USCIS moving forward.
Thanks in advance for your replies.
Aamchimumbai
Also, do you know if your previous I-140 has been withdrawn?
All,
I feel that those who concurrently filed I-140/485 in July 2007 are very lDcky!
Here is my situation -
Previous Employer -
EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007
New Employer -
EB2, PD-Dec'-07, I-140 (Feb'08 - pending)
Question -
Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.
Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.
Any "Creative" thoughts on how to approach USCIS moving forward.
Thanks in advance for your replies.
Aamchimumbai
more...
hebbar77
09-10 03:07 PM
extended review = "we got your money , now dont bother us"
also means nothing is happening to your case!
also means nothing is happening to your case!
martinvisalaw
06-03 06:15 PM
CIS should not have asked for an Affidavit of Support, but the other documents are normal. It is not unheard of for employment-based I-485 applicants to be interviewed, but usually they are not called if the priority date is not current. CIS might have confused your case with a family matter. However, you should attend the interview, and send all documents they request except the I-864. You can explain that an Aff. of Support should not be required in an EB case.
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msyedy
01-12 06:57 PM
I understand this topic has been discussed ad nauseam, so I'm not raising this issue per se. I do not know where we stand on the likelihood of this provision getting passed by Feb 15th, but I do know that the Core group must be trying their best to get some provisions along these lines.
But just in case the "AOS without current PD" is seen as too big a change by the law makers or its sponsors in the undustry, I think it might be worthwhile to consider some of its watered-down alternatives. The law makers themselves may have a perception of this provision "creating a log jam at the AOS stage", not unlike the (mis)perception of some of IV members themselves!
Some alternatives are:
(a) Ability to file I-485 if the I-140 has been approved for X years, or if the I-140 has been pending for Y years (this is similar the provision of the ability to file H1 extensions beyond 6 years if a labor is pending). The advantage of this provision is that this will sound familiar with an already existing law; and will let the floodgates to AOS slowly and in a more controlled manner.
(b) Ability to file I-485 if the PD is within N years of the published PD in the Visa Bulletin. For example, assuming N = 2 years, India EB3 with PD 5/11/03 and India EB2 01/08/05 can file. Again this has the advantage of a more controlled entry via the Visa Bulletin, but at least it'll start clearing the queue and people can get their EAD, FBI name check, while waiting for the visa numbers to be available.
(c) If an Labor has been approved for X years
(d) If the alien has been on H1 for Y years
or a combination of any of the above
Please understand that I whole heartedly support the "AOS without current PD" provision; it's just that it would be wise to be ready with some alternatives should the need arise.
Why are you making it more complicated. People here want to get things done faster and relief for everyone.
According to your statement .(New formulas). people with I-140 approved for x years can file I-485 and so on......
If we are fighting for something nice, why not fight and say that we need everyone to be able to file I-485 like it was earlier. Reducing jam in USCIS is not a simple issue.By decreasing the number of I-485 filing the amount of time cannot be accuratly estimated that would take it to clear a case. USCIS can increase filling fees which they are thinking of doing to handle the current log jam they have, so I think we stick to and follow IV core.
But just in case the "AOS without current PD" is seen as too big a change by the law makers or its sponsors in the undustry, I think it might be worthwhile to consider some of its watered-down alternatives. The law makers themselves may have a perception of this provision "creating a log jam at the AOS stage", not unlike the (mis)perception of some of IV members themselves!
Some alternatives are:
(a) Ability to file I-485 if the I-140 has been approved for X years, or if the I-140 has been pending for Y years (this is similar the provision of the ability to file H1 extensions beyond 6 years if a labor is pending). The advantage of this provision is that this will sound familiar with an already existing law; and will let the floodgates to AOS slowly and in a more controlled manner.
(b) Ability to file I-485 if the PD is within N years of the published PD in the Visa Bulletin. For example, assuming N = 2 years, India EB3 with PD 5/11/03 and India EB2 01/08/05 can file. Again this has the advantage of a more controlled entry via the Visa Bulletin, but at least it'll start clearing the queue and people can get their EAD, FBI name check, while waiting for the visa numbers to be available.
(c) If an Labor has been approved for X years
(d) If the alien has been on H1 for Y years
or a combination of any of the above
Please understand that I whole heartedly support the "AOS without current PD" provision; it's just that it would be wise to be ready with some alternatives should the need arise.
Why are you making it more complicated. People here want to get things done faster and relief for everyone.
According to your statement .(New formulas). people with I-140 approved for x years can file I-485 and so on......
If we are fighting for something nice, why not fight and say that we need everyone to be able to file I-485 like it was earlier. Reducing jam in USCIS is not a simple issue.By decreasing the number of I-485 filing the amount of time cannot be accuratly estimated that would take it to clear a case. USCIS can increase filling fees which they are thinking of doing to handle the current log jam they have, so I think we stick to and follow IV core.
2010 Basketball Star LeBron James#39;
number30
09-23 12:14 PM
My Wife is on AOS (as a dependent with me as primary). She has recently applied for admission into Graduate School. Since she does not have her green card yet, she was being considered as an international application and was requested to submit her "visa documents". We sent in her I-485 Application, EAD and AP documents. Apparently, the school did not have these in their list of acceptable "documents for admission". The school insisted that we need to apply for my wife's F-1 and provide proof of financial support.
I got my company attorney's office to reply to the school that she is in the country lawfully and while on AOS, she can attend school and work for any employer.
The school now comes back saying that they understand being able to work, but they are now asking if there is any law that explicitly states that an AOS applicant can go to school.
Could you please help?? Is there such a law? I personally went through F-1 to H1 to AOS myself and understand each of these statuses, but am looking for a way to convince that AOS can attend school while in the USA.
It's really frustrating to get denied because one is on AOS even though one qualifies for admission. Really alarming to see that not many out side the immigration community understand US visa laws.
I would really appreciate your help!
Did you ask them what are those acceptable documents?
I got my company attorney's office to reply to the school that she is in the country lawfully and while on AOS, she can attend school and work for any employer.
The school now comes back saying that they understand being able to work, but they are now asking if there is any law that explicitly states that an AOS applicant can go to school.
Could you please help?? Is there such a law? I personally went through F-1 to H1 to AOS myself and understand each of these statuses, but am looking for a way to convince that AOS can attend school while in the USA.
It's really frustrating to get denied because one is on AOS even though one qualifies for admission. Really alarming to see that not many out side the immigration community understand US visa laws.
I would really appreciate your help!
Did you ask them what are those acceptable documents?
more...
msp1976
04-17 12:17 PM
As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have give a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase.
I do not know what to do , his is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I will be on status ??
Such type of contract is not legally enforceable....So you have to take your own decision....
I do not know what to do , his is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I will be on status ??
Such type of contract is not legally enforceable....So you have to take your own decision....
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akhilmahajan
04-30 10:44 AM
see we got some hope..........
thanks a lot for the update...........
thanks a lot for the update...........
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tnite
06-18 11:59 AM
Hi Guys:
Had some questions with regards to my actual 485 form.
situation:
2000-2003 -F1 (never out of status/ visa stamped in 2000 in bombay)
2003-2004 - OPT
2004-2007 - 1st H1 (never got it stamped)
2007-2010 - 2nd H1 (stamped last month in canada)
PART 3
Place of Last Entry Into the United States (City/State)
What should i put over here? I did not get an arrival stamp when i came back from canada last month after stamping. all the immigration officer did was tear the bottom portion of the h1b approval and staple it to the passport. he said that was my I-94
Consult a lawyer.
I personally think putting your canadian vist as the last place of entry might not show up in records as no stamping took place and also the I94 part which is taken by the customs and sent to INS in kentucky did not happen in your case. So when USCIS checks u'r I94, all they will see is the date in 2000 when you came to US.
In your case since you jumped from F1 to H1B via OPT you might not have had any gaps in chaging status and USCIS did not ask you to leave the country for gettting the H1B stamped(Change of status was approved )
This situation of yours hinges on technicality and better talk to a lawyer.
Had some questions with regards to my actual 485 form.
situation:
2000-2003 -F1 (never out of status/ visa stamped in 2000 in bombay)
2003-2004 - OPT
2004-2007 - 1st H1 (never got it stamped)
2007-2010 - 2nd H1 (stamped last month in canada)
PART 3
Place of Last Entry Into the United States (City/State)
What should i put over here? I did not get an arrival stamp when i came back from canada last month after stamping. all the immigration officer did was tear the bottom portion of the h1b approval and staple it to the passport. he said that was my I-94
Consult a lawyer.
I personally think putting your canadian vist as the last place of entry might not show up in records as no stamping took place and also the I94 part which is taken by the customs and sent to INS in kentucky did not happen in your case. So when USCIS checks u'r I94, all they will see is the date in 2000 when you came to US.
In your case since you jumped from F1 to H1B via OPT you might not have had any gaps in chaging status and USCIS did not ask you to leave the country for gettting the H1B stamped(Change of status was approved )
This situation of yours hinges on technicality and better talk to a lawyer.
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obviously
07-30 12:14 AM
We should get a group of folks asking for reinstatement of I-140 premium processing. This SINGLE administrative move will enable high skilled workers on many counts. Legal interfiling cases can be expedited, and non interfilers can be one step closer to getting their I-485's with EAD cards should there be future retrogression.
Also, the reality of revenue gained from premium processing cannot be ignored. Ok, dont keep it at 15 days, make is 30 or even 45 days. But dont take it away in its entirety.
I would sincerely request even EB2's that have current dates to join in requesting I-140 premium processing. This should not negatively intersect with any of your interests.
Also, the reality of revenue gained from premium processing cannot be ignored. Ok, dont keep it at 15 days, make is 30 or even 45 days. But dont take it away in its entirety.
I would sincerely request even EB2's that have current dates to join in requesting I-140 premium processing. This should not negatively intersect with any of your interests.
more...
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somegchuh
10-26 01:11 PM
I hope they mail it back because that's something I definitely need. I didn't know they will look at my I797. I wish I had known this before my wife went for visa stamping. There's alway a new kink, isn't it :-)
My wife had her visa stamped in Bombay consulate - and during the interview they asked to see the I797 - but i had instructed her to ask for it back and she specifically asked the officer if she could have it back because I needed it - and he promptly gave it.
maybe Delhi Consulate works differently. Hopefully they will mail you back the 797 notice with the passport.
My wife had her visa stamped in Bombay consulate - and during the interview they asked to see the I797 - but i had instructed her to ask for it back and she specifically asked the officer if she could have it back because I needed it - and he promptly gave it.
maybe Delhi Consulate works differently. Hopefully they will mail you back the 797 notice with the passport.
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99mutd08
06-18 03:50 PM
Nathu lodge is good to stay for 30 rs/night. This is behind the big koorakarkat near the laddoo baba temple. Just across the street from 2 coconut trees and coconut waterwaala.
Nathu lodge...30 Rs/night...lol.....good luck finding that
Nathu lodge...30 Rs/night...lol.....good luck finding that
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LostInGCProcess
11-10 11:40 PM
Thanks again for the reply and wishes!!
Also sorry for another question as I forgot to mention this earlier.
My new H1B has more than 6 months of validity period.
One thing which I forgot to mention earlier is that when new Employer "B" did the H1B transfer (June 2007) from Employer "A" - the I-797 receipt # of Employer "B" came out of to be different from I-797 receipt # of Employer "A"?
Shouldn't the I-797 receipt #'s for Employer "A" and Employer "B" should be SAME as it's just an H1B transfer???
Employer "A" I-797 receipt #:
EAC - XXX-XXXX
I-797 valid : 0ct' 2009
Employer "B" I-797 receipt #:
WAC - XXX-XXXX
I-797 valid: June' 2010
As I-797 receipt # gets printed on the H1B visa in the Passport, does having a different I-797 receipt # (of Employer "B") affects anything at port of entry?
Appreciate your help!
Of course the receipt number would be different, because each H1 application is treated as a new application, regardless of whether its a transfer or new. So, they are identified uniquely.
As I-797 receipt # gets printed on the H1B visa in the Passport, does having a different I-797 receipt # (of Employer "B") affects anything at port of entry?
No, at port of entry, you show the new H1 and you get the new I-94 with an expiry date that's on the H1...which would be June 2010. Remember, The I-94 (Arrival-Departure Record) shows the date you arrived in the United States and the “Admitted Until” date—that is the day your authorized period of stay expires, usually its the expiry date what's on your H1.
So, even though your visa may expire after some time, you are legal to stay till the date mentioned on the I-94. I hope its clear to you.
Good Luck!!!
Also sorry for another question as I forgot to mention this earlier.
My new H1B has more than 6 months of validity period.
One thing which I forgot to mention earlier is that when new Employer "B" did the H1B transfer (June 2007) from Employer "A" - the I-797 receipt # of Employer "B" came out of to be different from I-797 receipt # of Employer "A"?
Shouldn't the I-797 receipt #'s for Employer "A" and Employer "B" should be SAME as it's just an H1B transfer???
Employer "A" I-797 receipt #:
EAC - XXX-XXXX
I-797 valid : 0ct' 2009
Employer "B" I-797 receipt #:
WAC - XXX-XXXX
I-797 valid: June' 2010
As I-797 receipt # gets printed on the H1B visa in the Passport, does having a different I-797 receipt # (of Employer "B") affects anything at port of entry?
Appreciate your help!
Of course the receipt number would be different, because each H1 application is treated as a new application, regardless of whether its a transfer or new. So, they are identified uniquely.
As I-797 receipt # gets printed on the H1B visa in the Passport, does having a different I-797 receipt # (of Employer "B") affects anything at port of entry?
No, at port of entry, you show the new H1 and you get the new I-94 with an expiry date that's on the H1...which would be June 2010. Remember, The I-94 (Arrival-Departure Record) shows the date you arrived in the United States and the “Admitted Until” date—that is the day your authorized period of stay expires, usually its the expiry date what's on your H1.
So, even though your visa may expire after some time, you are legal to stay till the date mentioned on the I-94. I hope its clear to you.
Good Luck!!!
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dpp
06-28 02:50 PM
I have an important question that I need to ask here. What is going to be Job title in employment verification letter. For example if I work in company as a Software consultant and H1B states that I am Programmer Analysts and my PERM labor has stated Software Programmer Engineer.
So out of these 3 which one will going to be in my employment letter. I am unable to get in touch with attorney thru company and our HR doesnt know what to write in Employement letter. Any advise from people who already got their employement letter from their employer.
Thanks
INeedAllGreen
You need to use "Programmer Analyst" for Employment verification letter, but Employment offer letter, you need to use "Software Programmer Engineer".
This is 100% correct.
Employment verification letter is for current occupation what you mentioned in LCA when applying for H1. If you say something else, then you are voilating what you mentioned. Then it is going to problem if a strict USCIS officer observes that.
But for Employment offer letter, since it is for future emploment, you need to have the title mentioned in PERM application.
So out of these 3 which one will going to be in my employment letter. I am unable to get in touch with attorney thru company and our HR doesnt know what to write in Employement letter. Any advise from people who already got their employement letter from their employer.
Thanks
INeedAllGreen
You need to use "Programmer Analyst" for Employment verification letter, but Employment offer letter, you need to use "Software Programmer Engineer".
This is 100% correct.
Employment verification letter is for current occupation what you mentioned in LCA when applying for H1. If you say something else, then you are voilating what you mentioned. Then it is going to problem if a strict USCIS officer observes that.
But for Employment offer letter, since it is for future emploment, you need to have the title mentioned in PERM application.
more...
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Eveready
07-09 09:28 PM
:confused: My wife has been on H1B for about 3 years and may have to go on H4 (on my H1B) for some time since we changed location and she is not getting a job immediately. Now when she does get a job which confirms to her existing workpermit type (teacher in this case) does she have to apply for a new H1B and wait for OCT2007 for it to happen or can she get one any time.
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sreenivas11
06-15 04:04 PM
USCIS Proc Times Update 06/15/09
NSC I-485 Sept 1st 2007
TSC I-485 Aug 17th 2007
NSC I-485 Sept 1st 2007
TSC I-485 Aug 17th 2007
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bang
01-05 07:09 AM
Otherway is, as the person status is in pending which is not illegal ----- Where did you find this from ????
stuckinmuck
02-11 12:02 PM
Hi desi9333, let me answer your question in general and note that this is not a speculation on the OP's case. A common reason for L1 denial could be that the USCIS determines that the petitioner isn't really in a 'specialty' occupation. For example, if his job description mentions java programmer, then he is more likely to get denied since we know there is a surplus of java programmers in this country (US citizens, LPRs and our favorite H1Bs). Since I was on an L1 visa, I know the purpose was really 'specialty' occupation which means you need to be an expert on something that's not easily available in the U.S.
To gchodhry, hope you get clarification and solution on your case soon, if you haven't broken any rules. Good luck.
To gchodhry, hope you get clarification and solution on your case soon, if you haven't broken any rules. Good luck.
va_dude
06-16 11:56 AM
I think people should refrain from making congressional enquiries just to get a status update on their case. It should be used only under special circumstances, RFE, rejection, etc.
If everyone starts doing this, these congressional offices will just not entertain our genuine requests anymore.
If you really need to check just the status, take an Infopass.
Just my 2 cents.
va_dude
If everyone starts doing this, these congressional offices will just not entertain our genuine requests anymore.
If you really need to check just the status, take an Infopass.
Just my 2 cents.
va_dude
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