kothuri
06-10 10:53 AM
I understand your situation. My employee had an issue and I applied Nunc pro Tunc based on advise from my lawyer. We applied H1B for her but unfortunately applied consular processing for which she had to go out of the country to get an I94 and we didnt know about it and she continued working in the country for 5 months at which point she realized what had happened. She was technically out of status because she was not supposed to work.
Lawyer suggested that we apply Nunc Pro Tunc which we did and it was a breeze. The approval came in and there were no issues. Now I can't guarantee that it would be a breeze for you though I can only hope.
Since your GC is tied to it I was suggesting that you go through a lawyer a good one and it will improve u r chances.
Lawyer suggested that we apply Nunc Pro Tunc which we did and it was a breeze. The approval came in and there were no issues. Now I can't guarantee that it would be a breeze for you though I can only hope.
Since your GC is tied to it I was suggesting that you go through a lawyer a good one and it will improve u r chances.
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Bolt
03-26 05:55 PM
Even I am in the current situation. Please call me 6166342617 so we can discuss or email
anand622@yahoo.com i have spoken to a couple lawyers so we can exchange options
Hi anand, am also in the same situation. please contact me at 914-488-6104 or email : mohan.amili@gmail.com
i deeply appreciate your help.
anand622@yahoo.com i have spoken to a couple lawyers so we can exchange options
Hi anand, am also in the same situation. please contact me at 914-488-6104 or email : mohan.amili@gmail.com
i deeply appreciate your help.
l8A
10-05 10:27 AM
I think you have period of 180 days after being out of status to apply for permanent residency. I'm not sure though. It would probably be your best bet to double check with a lawyer and get professional advice. Good luck.
Yes, you are right. Now that I think about it, I do remember seeing that a person can apply for their AOS within 6 months of their being out-of-status. I am in close touch w/ my attorney, and he seems to be OK with the situation, but after seeing some disturbing tales on these forums, I wanted to confirm.
Yes, you are right. Now that I think about it, I do remember seeing that a person can apply for their AOS within 6 months of their being out-of-status. I am in close touch w/ my attorney, and he seems to be OK with the situation, but after seeing some disturbing tales on these forums, I wanted to confirm.
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kams
08-14 08:13 PM
Congratulations. Glad to see that a 2004 PD also received the approval!
more...
jungalee43
08-26 02:36 PM
My I-140 and I-485 was filed concurrently in July 2004. I-140 was approved in October 2004 for EB3-India. In November 2006 I changed employers after I informed USCIS. We received notice in March 2007 to show another approved I-140 as my I-140 was revoked. My attorney replied invoking AC21 and stating that my I-140 remains valid. He attached my own letter informing them of employer change notiifcation as evidence.
On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.
On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.
greencard_fever
09-19 06:58 PM
Look at this guys..Spain sending the Immigrants back to Home country because they dont want to pay the unemploment benefits in bad economy..
http://www.msnbc.msn.com/id/26792948/
http://www.msnbc.msn.com/id/26792948/
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Britsabroad
November 30th, 2008, 08:01 PM
In the process as we speak Matt. Almost sold up & ready to begin acquisition...
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sodh
07-13 12:41 AM
May be someone was right they are load testing
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WaitingForMyGC
09-26 12:20 PM
What's the difference between a catfish and a lawyer?
One's a slimy scum-sucking bottom-dwelling scavenger, the other is just a fish.
One's a slimy scum-sucking bottom-dwelling scavenger, the other is just a fish.
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angelfire76
12-06 01:19 PM
The only language indigenous to India on the list of translators seems to be Punjabi. As far as I know the place where they might place you would be in NWFP in Pakistan. Do you really want a green card at that cost? :rolleyes:
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innervoice
01-20 12:30 PM
I got RFE for my spouse in August 2008 for I-485 regrading the marriage certificate and still the status hasn't got updated, called several times USCIS but no luck.
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aps1
08-23 08:02 PM
I made an infopass appt on Aug 20th and got it for 26th. I do not know why you couldn't?
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funny
10-01 05:01 PM
Going by the fact about what happened to the labor certification cases filed before April 2005 (They were sent to BECs and most of them were stuck there till December 2007). But the labor certifications by the new PERM system where approved within weeks. I am afraid same would happen if the new point system comes into place while the old GCs will be stuck until several years.
Ofcourse most of them will apply again through the new system if this happens. In a way forced to apply again in the new system.
But in that case wouldn't we be better off with applying under the point based system...because that will be a more streamlined process...
Ofcourse most of them will apply again through the new system if this happens. In a way forced to apply again in the new system.
But in that case wouldn't we be better off with applying under the point based system...because that will be a more streamlined process...
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tabaching
10-22 12:43 AM
Gurus pls help,
Here's my situation.
I'm a derivative and recently got an interview notice.
1) My spouse came here with H1 status (without me). Because my spouse's company can only start processing my H4 visa, 3 months after my spouse start date. Since it will be difficult for us to be thousands of miles away, we decided to use my tourist visa and come here so that I can join my spouse. So, I came here initially in B1/B2 status (around February 2006). After 3 months (around May 2006), I got a job offer from one company and was willing to sponsor my H1 visa. During the H1 processing, I had to go back home for emergency. Again came back to US using B1/B2. After I came back, we got a RFE asking for the new I-94. Then, my H1 was approved around November 2006 but only started getting paid around May 2007 (after I got a client).
If asked during the interview, when I started working? Should I answer November 2006 (when my H1 visa was approved) or May 2007 (when I started getting paid bec I got a client)?
2) Late last year we went to Canada and our I-94 was not taken from us. We were told that it's because we will be in Canada for few days only. Hence, we dont have a new I-94 in our hands. Currently, we're still holding old I-94. When we filed our I-485, the last entry date we entered was based on the Canada trip so it wont match the date with the old I-94. Will this cause a problem during the interview?
Please let me know your thoughts. Thanks
Here's my situation.
I'm a derivative and recently got an interview notice.
1) My spouse came here with H1 status (without me). Because my spouse's company can only start processing my H4 visa, 3 months after my spouse start date. Since it will be difficult for us to be thousands of miles away, we decided to use my tourist visa and come here so that I can join my spouse. So, I came here initially in B1/B2 status (around February 2006). After 3 months (around May 2006), I got a job offer from one company and was willing to sponsor my H1 visa. During the H1 processing, I had to go back home for emergency. Again came back to US using B1/B2. After I came back, we got a RFE asking for the new I-94. Then, my H1 was approved around November 2006 but only started getting paid around May 2007 (after I got a client).
If asked during the interview, when I started working? Should I answer November 2006 (when my H1 visa was approved) or May 2007 (when I started getting paid bec I got a client)?
2) Late last year we went to Canada and our I-94 was not taken from us. We were told that it's because we will be in Canada for few days only. Hence, we dont have a new I-94 in our hands. Currently, we're still holding old I-94. When we filed our I-485, the last entry date we entered was based on the Canada trip so it wont match the date with the old I-94. Will this cause a problem during the interview?
Please let me know your thoughts. Thanks
more...
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purgan
12-17 12:44 PM
For folks who have waited that long, they should not keep them tethered to the empoyer or occupation. They could perhaps do its administratively...for instance, anyone with a GC petition pending longer than 5 years should be eligible for adjucation on the basis of EXISTING paperwork.
A lot of folks- illegal immigrants especially- are pushing for administrative relief in the Obama Admn and we - legal immigrants- deserve atleast equal treatment.
A lot of folks- illegal immigrants especially- are pushing for administrative relief in the Obama Admn and we - legal immigrants- deserve atleast equal treatment.
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amsgc
06-20 12:57 AM
my knowledge is also limited...
but from my J1 days this is what i understood:
J1 is NOT a dual intent visa.
All J1 have some requirements to fulfill before applying for GC
For physicians it is a 2 yr Home requirement OR underserved area practice
For researchers etc a No objection is needed from the home country for a waiver
Therefore you cannot file for adjustment of status while still on a J1 unless you have the relevant waiver. It will certainly be rejected.
Physicians who get a waiver move to an H1 during their 3 year practice requirement. The NIW is a special case here, 485 filing is permitted but no approval till 5 years are over.
hope that's helpful.
That helps, Paskal. Thank you for sharing your thoughts.
Regards
Ams
but from my J1 days this is what i understood:
J1 is NOT a dual intent visa.
All J1 have some requirements to fulfill before applying for GC
For physicians it is a 2 yr Home requirement OR underserved area practice
For researchers etc a No objection is needed from the home country for a waiver
Therefore you cannot file for adjustment of status while still on a J1 unless you have the relevant waiver. It will certainly be rejected.
Physicians who get a waiver move to an H1 during their 3 year practice requirement. The NIW is a special case here, 485 filing is permitted but no approval till 5 years are over.
hope that's helpful.
That helps, Paskal. Thank you for sharing your thoughts.
Regards
Ams
more...
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GreenCard4US
08-21 11:43 AM
I received an RFE from USCIS 10 days after the date on the letter and need to respond in 33 days.
I came to US through Company A in June 2000 and was with them until Dec 2006. This Company A had applied for my labor and I140 and both of them were approved through them. I joined Company B in Jan of 2007(change of H1) and was with them until March of 2007. I joined Company C in April 2007(change of H1) and been with them since. Company C would not do my GC.
During the July 2007 fiasco, Company A agreed to give me an offer letter that I submitted with my 485 application and my attorney (a good reputed one) mentioned in the application that I was working for company C.
I got an RFE now stating that I did not send my sealed medical exam which I had done and we have a scan of what was sent. They also want “a current letter of employment attesting to your offer of proposed employment. This letter should be written on the company’s official letterhead and cite the date you will begin working, whether the position is temporary or permanent , a description of the position, a description of the position that you currently hold for the company (if any), and offered salary”
Is this RFE bad? Now my attorney suggests that since I had filed 485 through company A and I did not really invoke AC21 that I should give a new offer letter from Company A (they are willing to give one). My question is if I do that will there be further questions? The company I work for is a bigger one and Company A is really a body shopper, so I want to go with the letter from the current company. Also since it more than 2 years since I applied for 485 can I say I invoked AC 21? When can I disassociate myself from company A as I do not want to lose my current job.
I would like the attorneys or the members valuable help. Please do offer your opinions. Thank you all in advance.
I came to US through Company A in June 2000 and was with them until Dec 2006. This Company A had applied for my labor and I140 and both of them were approved through them. I joined Company B in Jan of 2007(change of H1) and was with them until March of 2007. I joined Company C in April 2007(change of H1) and been with them since. Company C would not do my GC.
During the July 2007 fiasco, Company A agreed to give me an offer letter that I submitted with my 485 application and my attorney (a good reputed one) mentioned in the application that I was working for company C.
I got an RFE now stating that I did not send my sealed medical exam which I had done and we have a scan of what was sent. They also want “a current letter of employment attesting to your offer of proposed employment. This letter should be written on the company’s official letterhead and cite the date you will begin working, whether the position is temporary or permanent , a description of the position, a description of the position that you currently hold for the company (if any), and offered salary”
Is this RFE bad? Now my attorney suggests that since I had filed 485 through company A and I did not really invoke AC21 that I should give a new offer letter from Company A (they are willing to give one). My question is if I do that will there be further questions? The company I work for is a bigger one and Company A is really a body shopper, so I want to go with the letter from the current company. Also since it more than 2 years since I applied for 485 can I say I invoked AC 21? When can I disassociate myself from company A as I do not want to lose my current job.
I would like the attorneys or the members valuable help. Please do offer your opinions. Thank you all in advance.
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JazzByTheBay
08-08 05:54 PM
In the same boat...
--
PD: 03/08/2006
RD: 07/02/2007
ND: 08/10/2007
Transferred from CSC to NSC: 09/05/2007
Oops - I am also in same boat:(.
--
PD: 03/08/2006
RD: 07/02/2007
ND: 08/10/2007
Transferred from CSC to NSC: 09/05/2007
Oops - I am also in same boat:(.
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abracadabra
07-06 11:38 AM
There are about Six theards on washington Post going on currently, the ask question, till someone picks up Thanks
speddi
12-09 10:19 AM
I was able to get copies of all the documents (labor,140 and 485) from the attorney. Is it mandatory to file AC21? When I asked my attorney the fee to file AC21, he said it is $750 to $1500. What is the normal fee for AC21?
Also, the job description says 'VB .Net' but the new job is in C#. Does it make any difference?
Thank you
Also, the job description says 'VB .Net' but the new job is in C#. Does it make any difference?
Thank you
tikka
05-31 11:09 PM
we need 150 more faxes to reach 5,000
can some of you please chip in??
thank you
can some of you please chip in??
thank you
