kittu07in
08-20 06:54 PM
Thank you for your prompt response.
it gave me a lot of hope.
~Thanks.
it gave me a lot of hope.
~Thanks.
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sc3
02-12 07:52 PM
First of all, you cannot be out of status while I-485 is pending. Your H1 status is expired so technically you do not have H1 status anymore. However, if extension is approved, it will apply retroactively and make your H1 status current as of Feb 7th. Oh, forgot to mention that you can still work for 240 days after H1 is expired and it will not be counted as status violation.
Yes, but the OP said applied in Nov 2007, and re-entered in Dec 2007. What is the latest rule on going out of country while the application is being processed? Previously it would mean abandonment of the application.
Yes, but the OP said applied in Nov 2007, and re-entered in Dec 2007. What is the latest rule on going out of country while the application is being processed? Previously it would mean abandonment of the application.
gcformeornot
09-27 08:58 AM
What will be my options to maintain my immigration status in the following scenario:
AC21 is not filed after joining the new employer (new job since 2 months).
If the previous employer revoked the I-140.
Have the same job/role and responsibilities with my new employer.
No gap between previous and new current employer.
Status of I-140 remains approved and I-485 remains pending in USCIS website.
Should I proceed AC21 filing immediately? Is there anything need to be done in order to keep the immigration status legal?
I would really appreciate your valuable suggestions.
Thank you
right now. But be prepared with EVL new employer incase your old employer revokes 140... USCIS might send you NOID or RFE in that case you will need a detailed EVL from new employer.
My lawyer insisted on sending EVL immediately after Job change in order to protect from potential NOID or RFE... or even Denial of 485 as it has happened in some cases.
AC21 is not filed after joining the new employer (new job since 2 months).
If the previous employer revoked the I-140.
Have the same job/role and responsibilities with my new employer.
No gap between previous and new current employer.
Status of I-140 remains approved and I-485 remains pending in USCIS website.
Should I proceed AC21 filing immediately? Is there anything need to be done in order to keep the immigration status legal?
I would really appreciate your valuable suggestions.
Thank you
right now. But be prepared with EVL new employer incase your old employer revokes 140... USCIS might send you NOID or RFE in that case you will need a detailed EVL from new employer.
My lawyer insisted on sending EVL immediately after Job change in order to protect from potential NOID or RFE... or even Denial of 485 as it has happened in some cases.
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needhelp!
11-12 03:46 PM
99
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watzgc
02-12 06:40 PM
First of all, you cannot be out of status while I-485 is pending. Your H1 status is expired so technically you do not have H1 status anymore. However, if extension is approved, it will apply retroactively and make your H1 status current as of Feb 7th. Oh, forgot to mention that you can still work for 240 days after H1 is expired and it will not be counted as status violation.
Hi , is the limit for 240 days only or TILL we get the approval ?. What do we need to after 240 days ?. Thanks.
Hi , is the limit for 240 days only or TILL we get the approval ?. What do we need to after 240 days ?. Thanks.
Macaca
11-17 08:42 PM
The Other Immigrants (http://online.wsj.com/article/SB10001424052748703683804574533612324601766.html)
Low quotas, long lines hurt U.S. competition for human capital.
WSJ Editorial, Nov 18 2009
The immigration debate has long been preoccupied with illegal aliens. But what about foreign-born professionals seeking green cards who stand in line and play by the rules? A new report by Stuart Anderson of the National Foundation for American Policy says the U.S. is mishandling this important human resource.
A former official at the Immigration and Naturalization Service, Mr. Anderson focuses on foreign nationals from India, who fill nearly half of the annual quota for H1-B temporary work visas. Indian professionals who want to become permanent U.S. residents face a wait time of at least 12 years and as long as 20. "To put this in perspective," says the report, "children today in kindergarten may graduate from college by the time Indians who file new applications for an employment-based immigrant visa would receive a green card."
One of Mr. Anderson's findings is that the multiyear waits aren't due to bureaucratic delays so much as to the impractical low annual limits on who can come. Under current law, no more than 140,000 employment-based green cards are issued each year. And since the spouses and children of these workers also count against the cap, the actual quota is much lower.
Congress hasn't raised the annual cap since 1990. Over the past two decades U.S. GDP has risen by 64%, and the demand for skilled workers, notably in technical fields populated by foreign-born professionals, has risen dramatically. Yet our immigration policies pretend nothing has changed.
"The problem facing skilled foreign nationals, employers and the U.S. economy is current law does not match the aspirations of these individuals or allow the country to harness their abilities," writes Mr. Anderson. "One result is many outstanding foreign nationals see potentially brighter futures in their home countries, leaving the America vulnerable to losing a pool of talent that has helped spur jobs, growth and innovation inside the United States."
The costs of losing this human capital are high. Between 1990 and 2007, an astounding 25% of publicly traded companies in the U.S. that were started with venture capital had an immigrant founder. Many foreigners come initially to study or do research at our superior colleges and universities. But the barriers to remaining are forcing them out. A survey of 1,200 international students taken in March shows we can no longer take for granted that skilled immigrants will want to stay and work in America. Some 55% of Chinese, 53% of Europeans and 38% of Indian students worried about being able to obtain permanent residence in the U.S.
Canada, Australia, the European Union and others have streamlined processes for hiring foreign workers to lure skilled immigrants away from the U.S. Unless Congress addresses these long wait times and low quotas, more immigrants will take the skills they acquire in U.S. universities and use them to help other nations prosper.
Low quotas, long lines hurt U.S. competition for human capital.
WSJ Editorial, Nov 18 2009
The immigration debate has long been preoccupied with illegal aliens. But what about foreign-born professionals seeking green cards who stand in line and play by the rules? A new report by Stuart Anderson of the National Foundation for American Policy says the U.S. is mishandling this important human resource.
A former official at the Immigration and Naturalization Service, Mr. Anderson focuses on foreign nationals from India, who fill nearly half of the annual quota for H1-B temporary work visas. Indian professionals who want to become permanent U.S. residents face a wait time of at least 12 years and as long as 20. "To put this in perspective," says the report, "children today in kindergarten may graduate from college by the time Indians who file new applications for an employment-based immigrant visa would receive a green card."
One of Mr. Anderson's findings is that the multiyear waits aren't due to bureaucratic delays so much as to the impractical low annual limits on who can come. Under current law, no more than 140,000 employment-based green cards are issued each year. And since the spouses and children of these workers also count against the cap, the actual quota is much lower.
Congress hasn't raised the annual cap since 1990. Over the past two decades U.S. GDP has risen by 64%, and the demand for skilled workers, notably in technical fields populated by foreign-born professionals, has risen dramatically. Yet our immigration policies pretend nothing has changed.
"The problem facing skilled foreign nationals, employers and the U.S. economy is current law does not match the aspirations of these individuals or allow the country to harness their abilities," writes Mr. Anderson. "One result is many outstanding foreign nationals see potentially brighter futures in their home countries, leaving the America vulnerable to losing a pool of talent that has helped spur jobs, growth and innovation inside the United States."
The costs of losing this human capital are high. Between 1990 and 2007, an astounding 25% of publicly traded companies in the U.S. that were started with venture capital had an immigrant founder. Many foreigners come initially to study or do research at our superior colleges and universities. But the barriers to remaining are forcing them out. A survey of 1,200 international students taken in March shows we can no longer take for granted that skilled immigrants will want to stay and work in America. Some 55% of Chinese, 53% of Europeans and 38% of Indian students worried about being able to obtain permanent residence in the U.S.
Canada, Australia, the European Union and others have streamlined processes for hiring foreign workers to lure skilled immigrants away from the U.S. Unless Congress addresses these long wait times and low quotas, more immigrants will take the skills they acquire in U.S. universities and use them to help other nations prosper.
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LondonTown
05-04 07:58 AM
Hi-
My H1-B expires in August 2011. My I-94 was stamped only until May 20, 2011 because my passport was expiring early. Now I have a new passport.
In March 2011, I also applied for a renewal of my Advance Parole(AP) and EAD and they are still pending approval.
I am planning on travelling to Canada next week by road(through Detroit) to get my I-94 renewed. So If I travel to Canada, will my AP application be considered abandoned?
Also, can I just cross into Canada by road, wait for a couple of hours and come back into the US to get a new I-94. I know usually you don't surrender your I-94 when visiting Canada for less of 30 days.
I am hoping I would be able tell the Canadian/US immigration officer that I need a new I-94 and hopefully surrender my older I-94 and get a new one when coming back in. Please let me know if thats not possible and I need to fly to Canada to get a new I-94.
Thanks
You may try going to the nearest CBP office. We had the similar situation (except our visa on the passport was expired) and visited nearest 3 CBP offices. Two offices said that since it is not CBP's fault you have to extend the validity of I-94 via I-539 but the third office issued a new I-94 without asking any questions.
Technically they only fix the errors made by their officers but they can do it if they want.
Since you have a valid visa on your passport so you have an option to go out of country and come back with new I-94 or you may try visiting CBP office.
If you plan to visit CBP office, use the word error not correction- just staple both passport together and hand over along with I94 and I797 and point them to the date of I94 vs I797 and let them interpret.
My H1-B expires in August 2011. My I-94 was stamped only until May 20, 2011 because my passport was expiring early. Now I have a new passport.
In March 2011, I also applied for a renewal of my Advance Parole(AP) and EAD and they are still pending approval.
I am planning on travelling to Canada next week by road(through Detroit) to get my I-94 renewed. So If I travel to Canada, will my AP application be considered abandoned?
Also, can I just cross into Canada by road, wait for a couple of hours and come back into the US to get a new I-94. I know usually you don't surrender your I-94 when visiting Canada for less of 30 days.
I am hoping I would be able tell the Canadian/US immigration officer that I need a new I-94 and hopefully surrender my older I-94 and get a new one when coming back in. Please let me know if thats not possible and I need to fly to Canada to get a new I-94.
Thanks
You may try going to the nearest CBP office. We had the similar situation (except our visa on the passport was expired) and visited nearest 3 CBP offices. Two offices said that since it is not CBP's fault you have to extend the validity of I-94 via I-539 but the third office issued a new I-94 without asking any questions.
Technically they only fix the errors made by their officers but they can do it if they want.
Since you have a valid visa on your passport so you have an option to go out of country and come back with new I-94 or you may try visiting CBP office.
If you plan to visit CBP office, use the word error not correction- just staple both passport together and hand over along with I94 and I797 and point them to the date of I94 vs I797 and let them interpret.
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vishwak
09-13 09:48 AM
There shouldn't be any Payroll at all.
Ask them not to run payroll until you get approved EAD. Having Payroll might create issues in future.
As her manager is helpful, tell them she will not work until she gets EAD approval.
Ask them not to run payroll until you get approved EAD. Having Payroll might create issues in future.
As her manager is helpful, tell them she will not work until she gets EAD approval.
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zico123
06-22 06:32 PM
Got this from the Chennai US consulate website.
Can you post the link. I cannot believe US consulates will take such drastic measures.
Can you post the link. I cannot believe US consulates will take such drastic measures.
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rahul2699
05-13 09:33 AM
Please check the thread http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/184288-from-iv-access-to-donor-forum-issues.html
You would need to provide your information as directed by Starsun in the first post. Starsun has been keeping unwell these days and verifying information periodically. However within a few days, you would be added to the donor forum upon verification.
In the meantime, please join your state chapters and get active. ImmigrationVoice.org - Immigration Voice State Chapters (http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52)
Thanks. I've done that yesterday (sending e-mail)..I guess i need to be little more patient
You would need to provide your information as directed by Starsun in the first post. Starsun has been keeping unwell these days and verifying information periodically. However within a few days, you would be added to the donor forum upon verification.
In the meantime, please join your state chapters and get active. ImmigrationVoice.org - Immigration Voice State Chapters (http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52)
Thanks. I've done that yesterday (sending e-mail)..I guess i need to be little more patient
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xbohdpukc
03-11 09:58 AM
But the point is - Has he/she said it can not be done at I-485?:confused:
To my best knowledge the PD is set at the I-140 stage. As a matter of fact, there's a field in the administrative part of that form where the PD is stated. Short of saying that it wouldn't be possible to claim an earlier PD at the I-485 stage I would assume that your lawyer should jump much more loops to get you an earlier PD then.
To my best knowledge the PD is set at the I-140 stage. As a matter of fact, there's a field in the administrative part of that form where the PD is stated. Short of saying that it wouldn't be possible to claim an earlier PD at the I-485 stage I would assume that your lawyer should jump much more loops to get you an earlier PD then.
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GCard_Dream
11-30 09:39 PM
Some of you here know the immigration law much better than I do and I just have a quick question on the "ability to file 485" issue. When congress passes a law, not every little detail is spelled out and it's left up to the related government agency/department to implement/interpret the law and spell out every single implementation detail. Having said that, is the "Ability to file 485 only when PD is current" actually spelled out in the law or is it something how USCIS decided to implement the law? If the later is true, shouldn�t we try to convince USCIS to let everyone file I-485 regardless of the PD. I mean it�s a win-win situation. USCIS gets more revenue because you now have to renew your EAD every year and most of us will be very happy because we can make career/employer changes as necessary.
The reason I ask is because it makes a lot of difference for lot of folks in terms of their own career advancement as well as spouse�s career.
The reason I ask is because it makes a lot of difference for lot of folks in terms of their own career advancement as well as spouse�s career.
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EB3_SEP04
01-03 12:09 AM
Please consult a lawyer - She is now AOS and should not go back to H4 as that can mean she is abandoning her AOS which I am sure you dont want. I would not even recommend getting H4 stamped in her passport. ( same reason). I am in the same boat and my wife is using EAD - My lawyer did not process her H4 extension and only processed my H1 extension.
Again - please consult a lawyer
Just like one can have both H1 as well as AOS, the dependant can also have H4 and AOS at the same time. There is no law/rule that even remotely suggests that getting an H visa means abandoning the AOS. My 485 was denied and had to get H1/H4 for me/my wife. Now we again have AOS, but i still have H1 and plan to enter on H1 if have to re-enter US after a trip abroad. There are hundreds of folks on this forum who extend/stamped their H1/H4 even when they had AOS.
commenting/guessing on a situation without the knowledge of the related law/rule could mis-lead the poster. This is not meant to be a criticism, just a suggestion.
Again - please consult a lawyer
Just like one can have both H1 as well as AOS, the dependant can also have H4 and AOS at the same time. There is no law/rule that even remotely suggests that getting an H visa means abandoning the AOS. My 485 was denied and had to get H1/H4 for me/my wife. Now we again have AOS, but i still have H1 and plan to enter on H1 if have to re-enter US after a trip abroad. There are hundreds of folks on this forum who extend/stamped their H1/H4 even when they had AOS.
commenting/guessing on a situation without the knowledge of the related law/rule could mis-lead the poster. This is not meant to be a criticism, just a suggestion.
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meridiani.planum
07-19 02:10 PM
Hi Leoindiano:
What is meant by Pre-Adjudication and how do we know that, our case is Pre-Adjudicated. Sorry to ask you this qn. specifically, as I amnot seeing any LUDs on my case, and my para-legal says, dont worry.
my case details are PD10/05 EB2 I, RD 07/02/07 and ND 08/30/07 at TSC.
Can you enlighten us little bit more.
preadjudication is where USCIS processes your case even when visa numbers are not going to be available: meaning ur PD is not current, they know even if all is well they wont be able to approve, but still they go over everything, issue an RFE is something is not ok etc. If all is well, the case goes into a pre-adjudicated stack, and once visa numbers are available, they simply pick up a file from that stack, assign it a visa and mark it approved. This is how lots of people got approvals last year in july VB.
pre-adjudication has three advantages compared to starting to process only when teh PD is current:
- If they wait for PD to be current to pick up a file and start looking at it, there is no way they can process so many cases when the PD does go current, or when dates move significantly towards the end of the year. This is how they processed nearly 60k cases in 2 months last year.
- if PD is current for a short period (1month or 2) and thats when they pick up your case, if you get a NOID you could end up missing the window by the time you respond and they pick up your response.
- its helpful for them because they can weed out cases that are not going to be approved, earlier and they dont end up giving interim benefits to those people.
ur status does not change when your case is pre-adjudicated.
What is meant by Pre-Adjudication and how do we know that, our case is Pre-Adjudicated. Sorry to ask you this qn. specifically, as I amnot seeing any LUDs on my case, and my para-legal says, dont worry.
my case details are PD10/05 EB2 I, RD 07/02/07 and ND 08/30/07 at TSC.
Can you enlighten us little bit more.
preadjudication is where USCIS processes your case even when visa numbers are not going to be available: meaning ur PD is not current, they know even if all is well they wont be able to approve, but still they go over everything, issue an RFE is something is not ok etc. If all is well, the case goes into a pre-adjudicated stack, and once visa numbers are available, they simply pick up a file from that stack, assign it a visa and mark it approved. This is how lots of people got approvals last year in july VB.
pre-adjudication has three advantages compared to starting to process only when teh PD is current:
- If they wait for PD to be current to pick up a file and start looking at it, there is no way they can process so many cases when the PD does go current, or when dates move significantly towards the end of the year. This is how they processed nearly 60k cases in 2 months last year.
- if PD is current for a short period (1month or 2) and thats when they pick up your case, if you get a NOID you could end up missing the window by the time you respond and they pick up your response.
- its helpful for them because they can weed out cases that are not going to be approved, earlier and they dont end up giving interim benefits to those people.
ur status does not change when your case is pre-adjudicated.
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GCanyMinute
09-10 08:42 AM
I think you can port your PD, even if the employer revokes I-140 and uses the underlying labor to someone else. Even then you retain your PD. Just wanted to correct.
See this Q&A from Mathew Oh:
# Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?
A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.
See this Q&A from Mathew Oh:
# Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?
A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.
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PBECVictim
07-13 01:44 PM
Nothing
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pappu
09-18 05:23 PM
If any IV member works in the university, could you find out if there are any Indian and chineese assistant professors that have joined in the recent past. Such people might have applied in EB2 through university and will be retrogressed.
Also pls get in touch with post-docs in your universities and inform them about IV. Hopefully some of them might be willing to help us with the interview.
Also pls get in touch with post-docs in your universities and inform them about IV. Hopefully some of them might be willing to help us with the interview.
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sledge_hammer
07-05 09:03 PM
I think you and many more members here are simply paranoid!
Do you think that after announcing that all applications will be rejected, USICS will just keep those applications indefinitely? Come on, we are dealing with a federal government agency here, not some mafia.
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?
Do you think that after announcing that all applications will be rejected, USICS will just keep those applications indefinitely? Come on, we are dealing with a federal government agency here, not some mafia.
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?
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lonedesi
10-20 12:01 AM
I would appreciate, if any of you can answer this question either through their personal experience or their knowledge.
I recently got my H1b visa renewed(& transferred) for 3 years based on a previous I-140 approved from my earlier job. I would like to get my H1b visa stamping done either at Mexico or Canada based on the current validity(for 3 years) of my H1b approval. If after stamping, I change companies will I need to get a new stamping to reflect the new company on my passport? If I don't need to get a new stamping, then if I travel to my home country and then return to US, will it cause a problem at the border post if my H1b approval paper shows a different company than that on the passport? Your advice in this regard would be greatly appreciated.
I recently got my H1b visa renewed(& transferred) for 3 years based on a previous I-140 approved from my earlier job. I would like to get my H1b visa stamping done either at Mexico or Canada based on the current validity(for 3 years) of my H1b approval. If after stamping, I change companies will I need to get a new stamping to reflect the new company on my passport? If I don't need to get a new stamping, then if I travel to my home country and then return to US, will it cause a problem at the border post if my H1b approval paper shows a different company than that on the passport? Your advice in this regard would be greatly appreciated.
ronhira
02-19 07:40 PM
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y u r scaring everyone into not visiting Life of an I.T. Grunt | Notes From The Trenches of Software Development. (http://www.)...... i visited the site many times & there was no virus...... u can hide but u cannot run from anti immigrants...... ever heard of Godzilla principle...... face the reality now to fight it or face the Godzilla later......
y u r scaring everyone into not visiting Life of an I.T. Grunt | Notes From The Trenches of Software Development. (http://www.)...... i visited the site many times & there was no virus...... u can hide but u cannot run from anti immigrants...... ever heard of Godzilla principle...... face the reality now to fight it or face the Godzilla later......
sayonara
09-11 05:17 PM
Does your Attorney says that counter will start from Aug 28, 2007 ?
Did he say anything about Aug 28, 2007 falling out of Aug 17, 2007 limit date for filing AOS and can that cause any issues?
I am still waiting for an answer from my Attorney. Will post the details here as soon as I hear anything from them.
Nope...And he is one of those who stops answering if there are too many questions...maybe i will get these answers next week :rolleyes:
Did he say anything about Aug 28, 2007 falling out of Aug 17, 2007 limit date for filing AOS and can that cause any issues?
I am still waiting for an answer from my Attorney. Will post the details here as soon as I hear anything from them.
Nope...And he is one of those who stops answering if there are too many questions...maybe i will get these answers next week :rolleyes:
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