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  • martinvisalaw
    07-16 03:00 PM
    Hi,
    What are my options here? Is there a way this case can be fixed and brought back on track or am I in a no-go situation? Please advise on the next steps.


    You can refile the 485, if your priority date is current. However, if you filed in the crush of 485s done in Aug 2007, I suspect that your priority date is now backlogged again.

    Hopefully you do have H-1B status. Otherwise, as the prior poster says, you are no longer authorized to be in the US.

    I don't know if the MTR can be appealed in any way, it depends on how it was filed and why it was denied.

    As regards filing a formal complaint against the attorney - that varies by state. You can check your state bar rules about this. It was a very unfortunate mistake to miss one question on the 485, but probably not serious enough for the state bar to impose any sanctions.





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  • panky72
    06-25 05:07 PM
    sure, pls verify with lawyer to be safe

    common consensus seems to be -->

    if u have a valid/unexpired h1 petition, then even after using AP, u can continue to use the H1 for 'work authorization' ( u dont need to use EAD at the same employer).
    But after using AP, officially ur status is 'parolee' and not H1-B. (official status of entry as put on i94 doc)
    After using AP, u can further extend ur H1 if u want to -> in this case your status officially changes to H1b from parolee.
    After using AP, if u desperately need to get back on H1 (for whatever reason) -> u can either extend ur H1 or amend ur H1, both these will put u back on H1.
    Some people also say if u have used AP , but still have a valid h1 petition and desperately want to get back to H1, then u cud go to a consulate abroad, get ur h1 visa stamped and reenter and once again ur officially back on H1 ( seems valid, but i dont know anyone who tried this)

    hope this helps...

    I agree with bekugc. I had a consultation with my attorney few days ago and he told me essentially the same thing.





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  • Desertfox
    08-14 12:45 PM
    I gave you a green..:)





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  • sathweb
    01-13 08:02 PM
    Hi,

    I have two I-140 applications and both are from my current emplyer. One was a regular I-140 and the other was a substitute I-140. Both got approved on the same day. Regular had a PD of 04/2007 and substitute had 11/2004.

    The regular got approved with PD of 04/2007 and substitute also got approved with 04/2007. So now what are my options of using the 11/2004 PD.
    I was expecting USCIS to approve both applications with 11/2004 instead.

    Thanks!!

    Look at this document:

    http://www.greencardapply.com/news/news05/news05_0308.htm

    In the following pdf, read section (e). It is not very clear what they mean by "A priority date is not transferable to another alien".

    http://www.state.gov/documents/organization/87866.pdf



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  • Humhongekamyab
    06-09 08:26 AM
    This is the most hopeless of all the articles I have seen on this issue. It has no meaning, no arguments, nothing new to tell or share and it doesn't even cover any issue. The article does not cover the issue properly making mockery of the entire issue. simply hopeless journalism :eek:

    I agree.





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  • ashkam
    03-24 11:57 AM
    Banks send you the 1099-INT form which is allowed on H1B. This is different from the 1099-Misc form google sends you (http://www.adsensetaxes.com/) which makes Adsense a business income. That is not allowed on H1B.



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  • TeddyKoochu
    12-28 12:21 PM
    Does the I-9 need to be refreshed each year?

    I have a copy of my Jan 2009 I-94 which is not the most recent one - I believe that was the one that was sent to my employer's lawyers. In Jan 2010, I did get an original I-94 (the one I lost) but did not use it to apply for I-9 (atleast to the best of my knowledge).

    Thanks for being so responsive and helping me out. The other thing is the time constraint that I have to take off on Dec 29th (tomorrow). What also worries me is that if I approach the Immigration/customs folks at the nearby airport, won't they basically ask me to fill an I-102 and wait for 3-6 months before I can travel? I don't want to do that since I need to travel now due to family issues.

    I don't know how often the I9 has to be refreshed but it maybe 6 months to a year when I came back last time my employer asked for the I94 for I9 filing so they may most likely have your I94#. The I94 is the one that determines our legal status. The I102 process is long and not worth it, try talking to the local customs and immigration folks I know it may sound scary but most likely if they cannot issue you a replacement one they won't prevent you from travelling. As long as they are able to create a departure record for you for the 29th that should be ok, normally that is what happens with the I94, the airline staff submits it to these folks who would scan and enter in the system. To make things easy the best way is if you can get the I94# in anyway or you can just choose to travel nothing should stop you, but its always good to be honest and report things to the concerned agencies. All the best and good luck.





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  • gcwaiting17
    10-04 05:36 PM
    RD: July 2 nd

    Transferred from NSC>CSC

    Receipt Notice Aug 28

    Got EAD/AP

    485 Transferred from CSC>NSC

    Waiting for FP notice



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  • sk.aggarwal
    11-06 02:55 PM
    In same context, if I140 is approved with employer A as a future employee. Can present employer use it to extend visa by 3 yrs, w/o going through labor/GC process





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  • hdblue
    03-11 09:58 PM
    That is the problem. There is no such thing in the flcdatacenter, but in onet online, there is a
    15-1099.11 - Information Technology Project Managers. This is not present in flcdatacenter.

    Here is the problem. So by this token, does it mean that IT Project managers either need to be classified as CIS managers or not get classified at all? This is absurd.

    The attorney is not giving out any suggestions on what to do as they already filed, got a high PW and appealed which got denied.

    The attorney is suggesting to refile, something I don't think is going to change the outcome.

    Any suggestions?

    Hi everybody,

    You can see same topic at the side bar of this site. You can find out some thing same your questions or use search box or this site.

    If you want to do more info, you also visit at: Project manager job description (http://www.humanresources.hrvinet.com/project-manager-job-description)
    Best rgs



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  • gnrajagopal
    08-18 11:43 PM
    I dont have any changes to status when I check my 485 case status online but today in the mail i received I797c notice welcoming me as a premenant residence. I am a bit hesitant to celebrate, but am I seeing green?:o

    Raj

    EB2- India [ Oct 2005 @ NSC]
    485 filed Aug 2007





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  • tictac
    09-09 03:13 PM
    wow ! this is a strong case, after 6 month is over, you can easily file lawsuit on him, consequences can be real harsh on him, he can barred from filing any more h1s, greencard, maylose business license and thousand of dollars for stress and blackmailing ! hey speak to your lawyer after AC21 kicks in !

    I am too in same boat, just numbers here and there. Infact my employer has done this to all his guys. He is minting... man!!! yours is atleast asking for contract, mine just said give me flat cash, n no paperwork. he says he will return, but you know who returns.

    also he changed name of the company and so all the approved 140s has to be reapproved so all are again stuck.



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  • lahiribaba
    03-01 02:30 PM
    Friends,

    I have Canada PR since October 2006. In October this year I will complete 3 years since landing in Canada. The rule to maintain PR is that one should live in Canada for at least 2 years in a 5 year period. Since I have not lived in Canada more that a couple of weeks since landing, will I be allowed to move to Canada after completing 3 years outside Canada or will I be sent back from the border? Has anyone moved to Canada after living outside for more than 3 years since landing? Please advise.

    Thanks.

    you say you will "complete 3 years since landing in Canada"
    then you say " I have not livied in Canada more that a couple of weeks since landing"

    With these kind of contradictory statements they will definitely send you back from the border. back to where i am not sure.





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  • bobyal
    05-07 03:56 PM
    Hi,

    It appears TSC (Texas Service Center) started using new system CHAMPS, which is not connected to the online case status system.

    Any one saw either SOFT / HARD LUDs on their cases pending in TSC in last two / three months?

    Thanks
    Bob



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  • ags123
    08-28 09:08 PM
    I just booked tickets for an emergency 1 week trip to India and 30 mins later got a CRIS email

    ---------------------------
    We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on August 28, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service
    -------------------------------

    Most likely my company revoked H1. Until this email came I was confident I could travel without worries of 485 getting touched/denied when I was in India.(I am planning to reenter using AP).

    I currently have found a similar job but havent filed AC21 papers yet. I am now hesitating to travel as something happens to my 485 when I am out of the country there is not much that can be done.
    So with
    a) H1 Revoked aug 28th
    b) Address changed
    c) AC21 not filed
    I am thinking of not travelling. Am I overreacting here ?





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  • rajpatelemail
    11-05 07:47 PM
    I think - there will be more people in AF Unit this consulate

    As Hyderabad is very popular in those lines.



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  • usirit
    07-01 04:18 PM
    Diptam;

    We have shared some expenses of my H1B Visa -legal & processing fees- however, the ones related to my family were paid by myself. LC has been also splitted between employer and myself.

    Although, I don't deny the requirement of processing and legal fees, I disagree on how employers (sponsors) and lawyers/attorneys handle them. Employers on one hand should cover without split or sharing the expense with the employee; just because of the fact of getting our salary -kind-of-locked-.
    In the other hand, attorneys ...the ends justify the means...

    I think that I am just frustrated with the whole process, MAYBE 20K wouldn't really matter if we were seeing results but we have to beg for an action/update or even worse lay around for who knows how long so the "system" can work.

    If I had known what I know now... :rolleyes: everyone's wish!





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  • nlssubbu
    07-24 06:54 PM
    This is FAQ from USCIS website:

    Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor Certification?
    A1. USCIS will not accept an I-140 based on a required labor certification application if the approved labor certification application is not submitted in connection with the filing. USCIS will not accept a concurrently filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.

    -----------------------------------------------

    Anyone knows what that means? I have filed 140/485 concurrently on July 2nd 2007. However, I never received original LC document and my lawyer said it is okay to file 140 without original LC document, USCIS will collect it from DOL. Do you think this will affect me?

    Thanks

    In the past for my case, we do filed I-140 without the original labor certificate. They sent us an RFE for original labor, which then sent back along with approved original. I do not know whether USCIS are going to take a different stand now.

    Thanks





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  • mariner5555
    05-15 11:32 PM
    wow ..so I guess there is hope :)





    GumI485
    01-22 06:35 PM
    Thank you for representating us.


    God bless you all





    imm_pro
    05-15 11:15 PM
    This is awsome..also on the newsdesk..:):):):):)

    Feinstein, Lofgren use Iraq spending bill to push for guest-worker program


    05-15) 19:18 PDT Washington - -- Two of California's most immigrant-dependent industries - agriculture and Silicon Valley - are pushing narrow measures through Congress in an effort to employ foreign workers at opposite ends of the labor market, people who pick vegetables and the postgraduate engineers and scientists of Silicon Valley.

    Sen. Dianne Feinstein attached a farm guest-worker program to the giant Iraq spending bill today in a last-ditch effort to remedy a shortage of workers in California's produce fields as the federal government continues to crack down on illegal immigration and the political climate proves hostile to more sweeping measures.

    Rep. Zoe Lofgren, D-San Jose, teaming with Republicans, is pushing several bills to give permanent residence to top engineering talent.

    "It's an emergency," Feinstein said of the farm worker situation. "If you can't get people to prune, to plant, to pick, to pack, you can't run a farm."

    Her addition to the Iraq spending bill would give temporary legal status to 1.3 million farm workers over the next five years, but it would provide no path to citizenship or permanent residency. It passed the Senate Appropriations Committee 17 to 12 today.

    Workers applying for the program would have to prove they had worked on U.S. farms for at least 150 days or 863 hours, or had earned at least $17,000, during the last four years. They would have to remain working in agriculture for the next five years, when the program would expire.

    The move marks an end for now to efforts to give farm workers a path to citizenship after a sweeping immigration bill crashed in the Senate last June. Feinstein has been trying all year to attach a bill called AgJobs but has met nothing but dead-ends.

    Western Growers, representing California farmers, and the United Farm Workers of American union joined in backing the bill. Western Growers President Tom Nassif said large growers are accelerating efforts to move their farming operations to Mexico. The 15 growers out of several hundred who responded to a survey and were willing to talk about their plans moved 84,000 acres worth of crop production to Mexico this year, twice as many acres as last year, Nassif said.

    "Once the acreage moves to Mexico, it's there permanently," Nassif said. "Much of the remaining open space in California is agricultural land. If it's not farmed, we'd be growing condos or cementing it over with office buildings."

    The tightening of the border has made it increasingly difficult, dangerous and expensive for laborers to return to the United States if they leave, disrupting the traditional circular flow of farm workers from Mexico to California's fields in the Salinas and Central valleys. Most farm workers arrive illegally, and farmers complain that an existing guest worker program called H2A is cumbersome and ineffective. Feinstein's bill would streamline that program's rules.

    Growers are apprehensive about a new administration effort, temporarily stopped by a federal court, that would require employers to match workers with a valid Social Security number or be heavily fined. The Department of Homeland Security is refining the rule to get past court objections.

    United Farmworkers President Arturo Rodriguez said farming is facing "a very real emergency" and applauded the bill as a "critical but temporary fix to a much larger problem."

    Feinstein acknowledged that the chances of getting the bill all the way through Congress, even attached to war spending, is "uphill all the way."

    On the other side of the Capitol, Rep. Zoe Lofgren, D-San Jose, is teaming with conservative Republicans to try to push similar discreetly targeted measures for Silicon Valley. She has dropped efforts for now to expand the controversial H-1B program for temporary high-skilled workers, which again this year ran out of its 85,000 visas on the first day they were released. Lofgren said the program needs changes, given its wide use by Indian offshoring companies.

    Instead, Lofgren has introduced a passel of five small-bore immigration bills, among them one that would allow masters' and doctoral graduates from U.S. universities to apply immediately for permanent residence, skipping the H-1B program altogether.

    "Most people would agree if you get your Ph.D in engineering from an American university, you've got something to offer this country," Lofgren said. "Right now, we have no ability to keep those people here ... we send them home to compete against Americans. It would make more sense to keep them here to help us compete."

    Lofgren has even teamed up on one bill, to "recapture" unused permanent resident slots, with Rep. James Sensenbrenner, the Wisconsin Republican famous as the author of immigration crackdown legislation, never enacted, that was so harsh it led to the nation's first large-scale Latino protests in 2006.

    "What's happened is that with the shortage of very high-level people, multinational companies are sending their project teams offshore," Lofgren said. "Not only the top hot-shot leading the team, but all the support jobs that go with that hot shot. Among the people I've met is a guy who spent four years at Harvard, seven at Stanford's engineering school, then did practical training and has been here six years on an H1B, and he's in limbo. He's an extremely talented person and has no idea what his future is going to be. He's being recruited in Australia and Europe, and he's ready to bail out. What he needs is not more temporary time."

    Members of the Silicon Valley Leadership Group of business executives spent Thursday lobbying Congress on high-skilled immigration and tax breaks for solar energy and research and development.

    "This is no time to say to high-skilled workers in a global economy that we don't want you," said Barry Cinnamon, chief executive of Akeena Solar in Los Gatos. "We're happy to have that argument with anyone."

    E-mail Carolyn Lochhead at clochhead@sfchronicle.com