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glus
03-19 11:47 AM
My LCA was approved in July 2007.
My lawyer sent the I-14 application to USCIS in January 2008 before the 180 day period but my employer dated the USCIS fee check as 2005.
The USCIS returned the application asking us to re-send the application with a new check.
My lawyer sent the application again with a new check but by the time this application reached USCIS the 180 day period was over and USCIS returned the application again stating that my 180 period is over and they cannot accept the I-140 application now.
I am in the process of filing a fresh Labor Cert again. I guess now I will get a priority date of July 2008 and therefore I am losing 1 whole year in this process.
Is there a way out and will USCIS accept my application? The bad part here is the first application sent was before time but the check date was wrong.
All suggestions are highly appreciated.
Legally, USCIS can not accept an I140 with an expired Labor. If they do so, they will only do that under very unusual circumstances. For example, mail was lost etc. It is going to be hard to get I140 receipted if labor is expired by even one day :-(.
My lawyer sent the I-14 application to USCIS in January 2008 before the 180 day period but my employer dated the USCIS fee check as 2005.
The USCIS returned the application asking us to re-send the application with a new check.
My lawyer sent the application again with a new check but by the time this application reached USCIS the 180 day period was over and USCIS returned the application again stating that my 180 period is over and they cannot accept the I-140 application now.
I am in the process of filing a fresh Labor Cert again. I guess now I will get a priority date of July 2008 and therefore I am losing 1 whole year in this process.
Is there a way out and will USCIS accept my application? The bad part here is the first application sent was before time but the check date was wrong.
All suggestions are highly appreciated.
Legally, USCIS can not accept an I140 with an expired Labor. If they do so, they will only do that under very unusual circumstances. For example, mail was lost etc. It is going to be hard to get I140 receipted if labor is expired by even one day :-(.
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forever_waiting
03-06 10:44 PM
Deadline added to this initiative to decide whether to proceed or not.
please see post below for details.
http://immigrationvoice.org/forum/forum14-members-forum/1599353-want-to-file-485-when-pd-is-not-current-gather-here-104.html#post2412248
Since this is a brand new initiation why don't we make a fresh thread for it? Right now this thread is so full of bumps that many may not actually read this message.
Also, should we at some point agree on what letter must be written?
[QUote = ashwin_27]
As suggested by several members on this thread, IV has set a goal of April 30th, 2011 to determine if there is even enough appetite within the EB community to proceed with this USCIS Admin Fix initiative or not.
As we know the initial goal was to use this survey to determine how many members will be benefitted by I-485 filing without current priority date. Rough calculations using PERM data showed that at least 50-70K folks are waiting to file I-485 since July 2007 (around 5K-6K out of this number are those with PDs prior to June/July 2007 missed the July 2007 boat).
So far we have had around 1200 such members respond. We need to see support of at least 5000 members in order for IV to launch the public action items. These action items include, but are not limited to, writing en-masse (i.e. in thousands) over 2-3 weeks to several concerned departments about the need for this USCIS administrative fix. Few other very interesting proposals/ideas are also being considered. All we need is our folks to BELIEVE that this initiative is worth investing in.
The IV forum is the best place for the impacted EB community to gather and that is why the number of votes on the survey is a great indication of our frustration and motivation to work with IV for this important admin fix.
So, we now have a Deadline and an Objective. It is up to our impacted members to decide on whether to still stick to silly excuses (why should I become a member, why should i vote on survey etc etc.) or DO something about getting this admin fix. It is surprising that we are not more desperate for this fix and are not convincing and pushing IV harder and harder to start working with USCIS to allow I485 filing with current PD (and all the benefits like EAD, AP that go with it).
Are we more comfortable with the alternative - Waiting endelesslly to file I-485 (at least 2-5 years for post July 2007 folks from any category), keep depending on H1B extensions in an uncertain immigration scenario where H1B RFE's, rejections, visa denials due to "admin processing" etc are on a steep rise? The choice is ours to make.
As a final reminder - please act and convince your friends/colleagues to participate in this initiative and send ivcoordinator@gmail.com the details requested below.
Please keep following and participating on this thread to show your desperation for this fix.
please see post below for details.
http://immigrationvoice.org/forum/forum14-members-forum/1599353-want-to-file-485-when-pd-is-not-current-gather-here-104.html#post2412248
Since this is a brand new initiation why don't we make a fresh thread for it? Right now this thread is so full of bumps that many may not actually read this message.
Also, should we at some point agree on what letter must be written?
[QUote = ashwin_27]
As suggested by several members on this thread, IV has set a goal of April 30th, 2011 to determine if there is even enough appetite within the EB community to proceed with this USCIS Admin Fix initiative or not.
As we know the initial goal was to use this survey to determine how many members will be benefitted by I-485 filing without current priority date. Rough calculations using PERM data showed that at least 50-70K folks are waiting to file I-485 since July 2007 (around 5K-6K out of this number are those with PDs prior to June/July 2007 missed the July 2007 boat).
So far we have had around 1200 such members respond. We need to see support of at least 5000 members in order for IV to launch the public action items. These action items include, but are not limited to, writing en-masse (i.e. in thousands) over 2-3 weeks to several concerned departments about the need for this USCIS administrative fix. Few other very interesting proposals/ideas are also being considered. All we need is our folks to BELIEVE that this initiative is worth investing in.
The IV forum is the best place for the impacted EB community to gather and that is why the number of votes on the survey is a great indication of our frustration and motivation to work with IV for this important admin fix.
So, we now have a Deadline and an Objective. It is up to our impacted members to decide on whether to still stick to silly excuses (why should I become a member, why should i vote on survey etc etc.) or DO something about getting this admin fix. It is surprising that we are not more desperate for this fix and are not convincing and pushing IV harder and harder to start working with USCIS to allow I485 filing with current PD (and all the benefits like EAD, AP that go with it).
Are we more comfortable with the alternative - Waiting endelesslly to file I-485 (at least 2-5 years for post July 2007 folks from any category), keep depending on H1B extensions in an uncertain immigration scenario where H1B RFE's, rejections, visa denials due to "admin processing" etc are on a steep rise? The choice is ours to make.
As a final reminder - please act and convince your friends/colleagues to participate in this initiative and send ivcoordinator@gmail.com the details requested below.
Please keep following and participating on this thread to show your desperation for this fix.
Student with no hopes
05-12 09:21 AM
Sent a mail to Senator Leahy at : senator_leahy@leahy.senate.gov
Please send him emails.
Dear Senator Leahy,
This is regarding recent hearing from USCIS Director Mayorkas and his response
to issue of backlog.
The issue of immigration backlog is a ubiquitous one ranging from family to employment.
Employment being really the big issue with 1-2 million legally working applicants waiting
to get greencard.
It is surprising that Mayorkas is not aware of this Burning situation faced
by a million plus legal applicants and that he needs to consult the experts. I wonder
if senate is interested in doing anything better, other than settling in for such a
mediocre explanation from the Head of USCIS.
What Mr Mayorkas could have suggested to mitigate the backlog is : Visa Capture, I-485
Preregistration, senate passing bills to increase visa number and other strategies that will resolve the
backlog issue. May be he can refer to these forums which can give him some thoughts coming from people
who are suffering first hand as result of such services of provided by USCIS :
Analysis Discussion - Immigration Voice (http://immigrationvoice.org/forum/forum108-anal)...
http://www..com/usa-discussion-forums/i...
USCIS has already shown us their (fiasco)effeciency during filings of 485 for 800000 applicants in
Jul 2007. They already are showing when it is coming to visa allocations every month. One wonders what
gives the confidence to Mr. Mayorkas to admit that USCIS can handle CIR ?
Mr. Senator, senate deserves a better explanation on strategy to reduce backlog while it owes a
greater responsibility of bringing relief to million plus tax paying, law abiding legal living applicants. I request you to set a follow up hearing to get to the root of the issue in resolving the backlog problem for EB category skilled worker applicants especially from India and China.
God bless you Senator !
Your's sincerely,
Being a staunch supporter of IV, I did send a letter similar to Sen. Leahy. The IV analysis is good, not sure of the forum discussion - as there are so many different opinions - sometimes irrelevant. So, just sent it with the IV recommendations from their analysis. The only solution is for us is to be vocal and shed light on our issues.
Please send him emails.
Dear Senator Leahy,
This is regarding recent hearing from USCIS Director Mayorkas and his response
to issue of backlog.
The issue of immigration backlog is a ubiquitous one ranging from family to employment.
Employment being really the big issue with 1-2 million legally working applicants waiting
to get greencard.
It is surprising that Mayorkas is not aware of this Burning situation faced
by a million plus legal applicants and that he needs to consult the experts. I wonder
if senate is interested in doing anything better, other than settling in for such a
mediocre explanation from the Head of USCIS.
What Mr Mayorkas could have suggested to mitigate the backlog is : Visa Capture, I-485
Preregistration, senate passing bills to increase visa number and other strategies that will resolve the
backlog issue. May be he can refer to these forums which can give him some thoughts coming from people
who are suffering first hand as result of such services of provided by USCIS :
Analysis Discussion - Immigration Voice (http://immigrationvoice.org/forum/forum108-anal)...
http://www..com/usa-discussion-forums/i...
USCIS has already shown us their (fiasco)effeciency during filings of 485 for 800000 applicants in
Jul 2007. They already are showing when it is coming to visa allocations every month. One wonders what
gives the confidence to Mr. Mayorkas to admit that USCIS can handle CIR ?
Mr. Senator, senate deserves a better explanation on strategy to reduce backlog while it owes a
greater responsibility of bringing relief to million plus tax paying, law abiding legal living applicants. I request you to set a follow up hearing to get to the root of the issue in resolving the backlog problem for EB category skilled worker applicants especially from India and China.
God bless you Senator !
Your's sincerely,
Being a staunch supporter of IV, I did send a letter similar to Sen. Leahy. The IV analysis is good, not sure of the forum discussion - as there are so many different opinions - sometimes irrelevant. So, just sent it with the IV recommendations from their analysis. The only solution is for us is to be vocal and shed light on our issues.
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sunny1000
11-08 03:55 PM
hello,
I am trying to book an appointment for h1b visa stamping at the Chennai Us consulate for Nov 29th but I see no dates available for Nov 2010 for Chennai.
Ony calcutta dates are available.
Can I book an emergency appointment in this situation?
I have been on h1 for the past 3 years.First came to US in 2004.Visa expired in 2006.
Extended h1b here in USA..Now going to India for the first time after visa expiry.
Also, for the stamping, should i carry all old LCA's or just the latest one?
Thanks,
arthi
Also, I heard that they are asking for letter from the client that you are working, on the client letterhead with info like contract duration etc. You can search the forum. This is what I found at the chennai consulate website (http://chennai.usconsulate.gov/h1bvisas.html):
Carry the Following Documents with You
Bring the following documents to your scheduled interview:
A passport valid as of the date of entry into the U.S. (Persons whose passports which will expire in less than 6 months after their entry into the United States should renew their passports before applying for a visa.) We recommend bringing your previous passports as well.
Your confirmation page (printed on a laser printer).
Appointment letter
HDFC Bank fee receipt
In addition, if you are applying for a petition-based visa (H, L, F, J, M, R visas) should also bring petition-related documents.
One recent (within the past six months) passport size photograph 50mm X 50mm (2" x 2") with a white or off-white background.
Note: Please obtain a new passport prior to your interview if:
- The film on the biographic data pages of your passport (i.e., page with your photo and back page with your parents' information) is separating from the pages in your passport, or
- Your passport is otherwise torn, damaged, mutilated or has been washed or laundered.
U.S. visas cannot be placed in damaged passports.
If you are applying for an H-1B visa, you need to present all the required documents (highlighted in BLUE above) for any non-immigrant visa:
Plus
I-797 - the original notice of approval,
The complete I-129 petition submitted by your prospective employer including the Labor Condition Application
The originals, plus one copy, of your university diplomas, mark sheets and any certificates you may have. (Secondary school information is not required) Letter from petitioning employer confirming employer's intent to hire the applicant
Original, plus one copy, of your work experience letters from your previous employers
First time applicants may consider submitting the following documents:
Pay slips from current or most recent place of employment
Names and current phone numbers of the personnel managers at the applicant's present and past jobs
Photographs of the inside and outside of current or most recent employer's place of business
Names and contact information of two co-workers from your current or most recent place of employment
Names and contact information of two co-workers from past jobs
A complete resume/bio-data and cover letter describing current job duties in detail
Personal bank records for the last six months
US company information: photographs of the inside and outside of the company's offices, prospectus, brochures, and annual report
The Consulate will not accept documents received directly from the company by mail or fax.
If you are currently working in the US on an H1B visa, please submit your pay slips for the current calendar year and your federal tax returns (IRS Form 1040 and W-2) for all years in which you were employed in the US.
All H-1B applicants are requested to bring one extra photocopy of any original documents they presented with their application package that they wish to be returned.
Good luck with the stamping and God bless.
I am trying to book an appointment for h1b visa stamping at the Chennai Us consulate for Nov 29th but I see no dates available for Nov 2010 for Chennai.
Ony calcutta dates are available.
Can I book an emergency appointment in this situation?
I have been on h1 for the past 3 years.First came to US in 2004.Visa expired in 2006.
Extended h1b here in USA..Now going to India for the first time after visa expiry.
Also, for the stamping, should i carry all old LCA's or just the latest one?
Thanks,
arthi
Also, I heard that they are asking for letter from the client that you are working, on the client letterhead with info like contract duration etc. You can search the forum. This is what I found at the chennai consulate website (http://chennai.usconsulate.gov/h1bvisas.html):
Carry the Following Documents with You
Bring the following documents to your scheduled interview:
A passport valid as of the date of entry into the U.S. (Persons whose passports which will expire in less than 6 months after their entry into the United States should renew their passports before applying for a visa.) We recommend bringing your previous passports as well.
Your confirmation page (printed on a laser printer).
Appointment letter
HDFC Bank fee receipt
In addition, if you are applying for a petition-based visa (H, L, F, J, M, R visas) should also bring petition-related documents.
One recent (within the past six months) passport size photograph 50mm X 50mm (2" x 2") with a white or off-white background.
Note: Please obtain a new passport prior to your interview if:
- The film on the biographic data pages of your passport (i.e., page with your photo and back page with your parents' information) is separating from the pages in your passport, or
- Your passport is otherwise torn, damaged, mutilated or has been washed or laundered.
U.S. visas cannot be placed in damaged passports.
If you are applying for an H-1B visa, you need to present all the required documents (highlighted in BLUE above) for any non-immigrant visa:
Plus
I-797 - the original notice of approval,
The complete I-129 petition submitted by your prospective employer including the Labor Condition Application
The originals, plus one copy, of your university diplomas, mark sheets and any certificates you may have. (Secondary school information is not required) Letter from petitioning employer confirming employer's intent to hire the applicant
Original, plus one copy, of your work experience letters from your previous employers
First time applicants may consider submitting the following documents:
Pay slips from current or most recent place of employment
Names and current phone numbers of the personnel managers at the applicant's present and past jobs
Photographs of the inside and outside of current or most recent employer's place of business
Names and contact information of two co-workers from your current or most recent place of employment
Names and contact information of two co-workers from past jobs
A complete resume/bio-data and cover letter describing current job duties in detail
Personal bank records for the last six months
US company information: photographs of the inside and outside of the company's offices, prospectus, brochures, and annual report
The Consulate will not accept documents received directly from the company by mail or fax.
If you are currently working in the US on an H1B visa, please submit your pay slips for the current calendar year and your federal tax returns (IRS Form 1040 and W-2) for all years in which you were employed in the US.
All H-1B applicants are requested to bring one extra photocopy of any original documents they presented with their application package that they wish to be returned.
Good luck with the stamping and God bless.
more...
pdakwala
05-25 08:34 AM
Here is the list of phone numbers, fax numbers and emails. Sending fax only is not enough. Please call the senators and talk to their staff. Request them to oppose Bingaman's amendment. The script on talking point is available on the website. Please use that.
Cheers
Cheers
crystal
10-12 08:35 PM
Is it posted erlier? They updated with some more info today
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=82b06a9fec745110VgnVCM1000004718190aRCR D&vgnextchannel=2411c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=82b06a9fec745110VgnVCM1000004718190aRCR D&vgnextchannel=2411c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
more...
eb3_nepa
07-20 04:40 PM
bump
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sixburgh
08-13 11:01 AM
Once you are on AOS status you do not need H4. If you have renewed it that's fine it does not matter.
My wife came to us in 2004 and she got her EAD/AP in 2007 and I did not apply H4 for her ever since. We have have gone out of country and come back in on AP.
Exactly.
I should be fine!
I renewed it for the reason that for any reason her 485 gets cancelled, since she will always have an approved H4, she can atleast go to India, get an new H4 stamp and re-enter
Than going out of status completely.
Isnt that a good plan?
But no, someone is scaring me, is all.
I do hope that more experts read this thread and concur with me OR atleast tell me any corrective action.
My wife came to us in 2004 and she got her EAD/AP in 2007 and I did not apply H4 for her ever since. We have have gone out of country and come back in on AP.
Exactly.
I should be fine!
I renewed it for the reason that for any reason her 485 gets cancelled, since she will always have an approved H4, she can atleast go to India, get an new H4 stamp and re-enter
Than going out of status completely.
Isnt that a good plan?
But no, someone is scaring me, is all.
I do hope that more experts read this thread and concur with me OR atleast tell me any corrective action.
more...
fide_champ
04-07 09:37 AM
AC21 allows you to change jobs after 180 days of filing before getting your green card. I do not think that you can invoke AC 21 after you have got your GC.
Greencard is usually for future employment. But with the EB immigration, the same employer who you work for applies for your greencard. With this AC21 law, they allow you to change jobs if your 485 is pending for more than 6 months which means that after you get your greencard INS don't expect you to be back working for the employer who applied for your greencard.
Eventhough there is no fixed time period specified, if you work for 6 months they should not have any issues.
Greencard is usually for future employment. But with the EB immigration, the same employer who you work for applies for your greencard. With this AC21 law, they allow you to change jobs if your 485 is pending for more than 6 months which means that after you get your greencard INS don't expect you to be back working for the employer who applied for your greencard.
Eventhough there is no fixed time period specified, if you work for 6 months they should not have any issues.
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GCplease
08-16 02:33 PM
Thank you guys.
What is bothering me is that they told us the Wrong Information PLUS lawyer was just asking for filling fees(which is 745) during the time of signature but now Company is charging even for legal fees.
I believe they want to earn extra money from us. What should we do now about this wrong info?
You think we have no choice here but to pay?
I'm sorry and thanks for your help.
You really can't do much about it now.
If you wanna fight your employer, you may end getting fired.
So, just bite the bullet and pay.
What is bothering me is that they told us the Wrong Information PLUS lawyer was just asking for filling fees(which is 745) during the time of signature but now Company is charging even for legal fees.
I believe they want to earn extra money from us. What should we do now about this wrong info?
You think we have no choice here but to pay?
I'm sorry and thanks for your help.
You really can't do much about it now.
If you wanna fight your employer, you may end getting fired.
So, just bite the bullet and pay.
more...
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ksrk
09-15 03:51 PM
CIR does not help LEGALS .. its for people who broke US LAWs
We do not need CIR ..
It doesn't have to be. We should make it ours too!
We do not need CIR ..
It doesn't have to be. We should make it ours too!
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TomPlate
02-03 02:54 PM
I am going to travel to India.
I am in H1B and have valid Advanced Parole and expired EAD.
What are the documents needed for Advanced Parole in Port Of Entry. Also my lawyer is going to file the EAD this week.
1. 485 Receipt Notice.
2. Copy of 140 Approval Notice.
3. Employment Verification Letter.
Anything else? Please let me know.
I am in H1B and have valid Advanced Parole and expired EAD.
What are the documents needed for Advanced Parole in Port Of Entry. Also my lawyer is going to file the EAD this week.
1. 485 Receipt Notice.
2. Copy of 140 Approval Notice.
3. Employment Verification Letter.
Anything else? Please let me know.
more...
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GC9180
10-14 05:08 PM
another suggestion ..check with doctors which visitor's insurance they take
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BornConfused
07-03 09:43 AM
I'll draw a flower and send it, how is that? After all the $$$ spent on the lawyer and this whole fiasco in general, I ain't spendin' a penny more on them:mad:
Maybe a stinky garden weed. It's the thought that counts:D.
Maybe a stinky garden weed. It's the thought that counts:D.
more...
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thomachan72
04-18 12:19 PM
Does your husband currently have a valid H1b visa "STAMPED" in his passport??
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guchi472000
03-18 04:27 PM
I Have my EAD card but my spouse was in India when i applied for EAD. That mean she doesn't have EAD card rite now.
Can she get EAD or SSN?
Pls help.....
Can she get EAD or SSN?
Pls help.....
more...
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tikka
08-07 11:31 AM
how bad can that be.. :D
any other tri state members want to be a part of IV?
any other tri state members want to be a part of IV?
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acsouza
03-19 01:15 AM
So I asked my company's HR and the following is the reply I obtained:
<company name omitted> participates in E-Verify, which is a government run program that verifies work eligibility with the Department of Homeland Security and Social Security Administration. E-Verify requires that List A documents (your EAD card is a List A doc) must contain a photo ID which the receipt does not contain. This is required because when your information is entered into E-Verify, a picture of your EAD card appears, I then have to confirm the picture in their data base matches your physical card. Due to us participating in E-Verify we must comply with their regulations which trumps regular I-9 requirements and we will have to wait until your EAD card arrives.
So according to the company I will work for the receipt would be a valid doc for List C of the I-9, yet their E-Verify regulations require me to present a document from List A.
I am sad. Completely ran out of money. Glad I have friends willing to lend me money at this difficult time or I would starve.
<company name omitted> participates in E-Verify, which is a government run program that verifies work eligibility with the Department of Homeland Security and Social Security Administration. E-Verify requires that List A documents (your EAD card is a List A doc) must contain a photo ID which the receipt does not contain. This is required because when your information is entered into E-Verify, a picture of your EAD card appears, I then have to confirm the picture in their data base matches your physical card. Due to us participating in E-Verify we must comply with their regulations which trumps regular I-9 requirements and we will have to wait until your EAD card arrives.
So according to the company I will work for the receipt would be a valid doc for List C of the I-9, yet their E-Verify regulations require me to present a document from List A.
I am sad. Completely ran out of money. Glad I have friends willing to lend me money at this difficult time or I would starve.
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eb3_nepa
02-21 03:43 PM
I had mailed and faxed sen Specter's office asking for an appointment. Spoke to Mr Kenneth Altman, the immigration incharge. He said there was no point in an appointment, since their office is WELL AWARE of the Retrogression problem all over the country. He DID however say, i could mail him the Powerpoint presentation and he would take a look at it. I will Do that this week.
mwin
07-23 11:12 PM
Just to clarify...., the advance parole should be valid when you are entering the country, not while leaving right?
Well, I have a current advance parole that expires on October 12, 2008 and I applied for a renewal. Once my AP gets approved (assuming the new AP starts from October 12, 2008) I am planning to leave the country in September (before start of second AP) and re-enter after October 12 using my second AP. Do you guys see any problem in this? Of-course, I will leave only if my second AP is approved in before I leave.
As as dated Oct 12, 2008, on or after this date.
Well, I have a current advance parole that expires on October 12, 2008 and I applied for a renewal. Once my AP gets approved (assuming the new AP starts from October 12, 2008) I am planning to leave the country in September (before start of second AP) and re-enter after October 12 using my second AP. Do you guys see any problem in this? Of-course, I will leave only if my second AP is approved in before I leave.
As as dated Oct 12, 2008, on or after this date.
slc_ut
01-16 10:38 PM
Hello,
To issue an Individual Taxpayer Identification Number (ITIN) for an H4 visa holder, the local IRS office is asking Indian passport and Indian birth certificate. It is difficult to get birth certificate in India because the birth was never registered. Is it OK to submit the affidavit given by parents (the kind usually used for immigration needs), instead of the birth certificate, to get the ITIN number. If anyone got their ITIN number by using such affidavit given by parents, please post your reply. Thanks in advance.
slc_ut
To issue an Individual Taxpayer Identification Number (ITIN) for an H4 visa holder, the local IRS office is asking Indian passport and Indian birth certificate. It is difficult to get birth certificate in India because the birth was never registered. Is it OK to submit the affidavit given by parents (the kind usually used for immigration needs), instead of the birth certificate, to get the ITIN number. If anyone got their ITIN number by using such affidavit given by parents, please post your reply. Thanks in advance.
slc_ut
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