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  • raysaikat
    10-19 06:05 AM
    Dear friends,

    I entered to US on 5th October 2009 on B1 visa and at POE I was given 3 months duration to stay.

    I came here to write physical therapy licensing exam on 8th OCT (same is mentioned as an annotation on my B1 visa) and now I passed the exam and licensed.

    Now a hospital is ready to file a H1B work visa for me through premium processing and they want me to start working for them immediately.


    Since you do not have H1-B status, you cannot start working unless you actually receive I-797 (i.e., H1-B approval) and I-94 form. The hospital that wanted you to start working immediately might not know that you do not have H1-B status, or the staff may not understand how the immigration status works.

    The premium processing only guarantees that you give get a decision on your case in 2 weeks; i.e., if approved, you will get an I-797. USCIS may attach I-94 to the I-797 in which case you do not need to go out of the country before you can start working. However, my guess would be that I-797 would not have an I-94 attached. In that case, you need to go out of the country, apply for and obtain the H1-B visa (i.e., the visa stamp on your passport) and re-enter US (at which time you will get your I-94).


    Dear friends, kindly let me know whether its safe to change the status within 15 days of my entry. And if not how many days should I delay the filing of H1B. I would like to change the status here without going back to my country for H1B.

    And also whether this will have any future adverse effect when I file the immigrant petition. Thank you very much for your valuable advise in advance.John





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  • venky08
    01-07 03:12 PM
    there is a discussion about this elsewhere in the forum. please go thru the previous threads.

    in those discussion threads, it was mentioned that after I-140 is revoked, the USCIS will send an RFE to you asking for evidence of future employment consistent with the labor certificate description. it will give you a few weeks time to respond back to the RFE.

    Then you are to send a letter from your new employer that they are promising you a job in future where you would essentially do the same job functions as described in the labor...

    if you inform the USCIS using AC 21 provision to change the job upfront, you may not get this RFE.

    hi Munna,
    thanks for your reply. you said no effect on your GC. but once I-140 with drawn then how can USCIS process 485? can you please eloborate.





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  • indyanguy
    11-14 09:07 AM
    Assume one uses AC21 on EAD. Now, when there's an Employment Verification RFE for I485, is it possible to submit a letter from an employer B even though one was working with employer A at the time of the receipt of RFE?

    The reason I ask is, when using AC21, a lot of companies might not be willing to provide a EVL which has the same responsibilities as the ones listed on the Labor cert. So, can I submit the offer letter from say my friend's company saying that my joining date will be sometime in the near future? (GC is for future employment) Would this provoke USCIS to call me for a I485 interview?

    Thanks!





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  • san3297
    06-29 05:34 PM
    Hi Martin,
    Thanks once again for your reply with in no time.I really admire your service.I went through your Faqs but the part i dint understood is..

    If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.

    As i get a new I94 attached with expiration date as my new 797 approval date(Assuming i get approval after my travel when i am in USA) .So my old I94 is valid till My present visa date and after that i have my New I 94 which is valid till my Extension approval date.So iam unable to get what complication i may get into.Only problem i can think of is if i dont get I 94 attached to my I 797 Approval Notice.Do let me know if iam missing anything.Thanks again.



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  • weasley
    04-16 06:25 AM
    I showed my 485 Receipt notice as evidence and renewed my licence. You don't have to always produce EAD (then every 2 year you have to renew the licence).

    If your 485 is pending for long, You can contact USCIS over phone and create service request. USCIS will send you a letter saying that your case is pending because of so and so reason. You can take that along with you, if the BMV is asking why your 485 is pending for long.





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  • indyanguy
    04-19 11:27 PM
    bump



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  • syedajmal
    11-03 11:21 AM
    I know of a old couple who put in their appl to extend, but it took an inordinate amount of time. They left the country even before the appl was approved several months later. When it came to visa renewal time in chennai, they got denied several times. Just my 2 cents

    Once she got 2 month stamped at POE and I applied for her extn. But she left even before they even could process the application. As per my attroney's suggestion, we sent a letter to USCIS requesting to withdraw the petition stating that she had to leave to care of settling the sale of her house (you can give some reason, but the point is to withdraw the petition) USCIS will send you a notice confirming your withdrawal and make sure you keep that in record so that your MIL can show in case of questions that may arise in future.

    HTH, good luck





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  • rameshvaid
    03-12 09:45 PM
    After a long 5 years I finally received 485 case approved letter for both my case and my spouse's case. However the online status still shows pending. Is this common?. How long would it take for the online case status to be updated.

    EB2- PB Dec2003
    485 Filed date: 08/02/07
    Texas service center

    congrats.. enjoy the freedom and keep praying for others in line..

    RV



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  • gc_kaavaali
    12-08 01:36 PM
    Hi guys,
    IV need contributions to invest in the omnibus bill Lobbying efforts.. for more details look at below thread...if IV succeed you don't have to go through hassle of renewal of EAD and AP.

    http://immigrationvoice.org/forum/showthread.php?t=15905


    I applied I-485 and have recieved EAD in Sept, 2007. Now early next year (i.e. Jan/Feb 2008) I plan to go out of US for a year to complete an academic course. During that time, I would have to renew my EAD so that I can get back and start working. Anyone who has some experience or knowledge how this can be done from outside US... or is there a process to follow before I leave.

    Also I am told that I might receive another finger printing request duirng the same time I am out of this country, any idea !!





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  • surge
    02-12 07:17 AM
    Hi everyone.

    i entered usa on j-1 visa. it expired on october 1, 2007. i got married a little before that - in the first week of september.
    in november i filed i-130, i-485 together with AP and EAD. a week ago i received my AP and EAD. as i planned a trip to Europe for 3 weeks to see my parents - my wife consulted a lawyer (a friend of a friend). the lawyer said that i should not leave the country since i have been out of status since october 1st and it is now dangerously close to 6 months and if i leave i can get a 3 year bar and will not be admitted back. my i-130 and i-485 are still pending. my j-1 does not have 2 year rule.

    PS. i did use search and didn't find a similar situation. my wife is freaked and i just wanted to hear second opinion from others.
    will be very grateful.
    thank you.



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  • rockstart
    01-08 12:28 PM
    Posting IV Wiki page link on Birth Certificates
    US I-485 RFE Birth Certificate - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/US_I-485_RFE_Birth_Certificate#External_Reference_Links )





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  • harsh
    07-08 11:07 PM
    Gave it 5 stars. Good job. Hope CNN picks your video.



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  • chanduv23
    10-09 11:57 AM
    I initially volunteered to steer the Arizona chapter but my job schedule has changed so much and now involves a lot of in-country and overseas traveling. Would someone please lead this chapter? I will attend any of the chapter activities whenever I am in the country.

    U are a very dedicated IV member. Do stay active as much as possible.

    Someone, please help fromnaija build this chapter.





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  • Jaime
    08-06 12:12 PM
    Yeah, why not? As long as Legals ALSO get green cards!

    On The Washington Post today:

    A Less Ambitious Approach to Immigration

    By Arlen Specter
    Monday, August 6, 2007; Page A17

    The charge of amnesty defeated comprehensive immigration reform in the Senate this summer. It is too important, and there has been too much legislative investment, not to try again. The time to do so is now.

    Certainly the government should implement the provisions it has already enacted to improve border security and crack down on employers who knowingly hire illegal immigrants. But the important additions on those subjects contained in the bill defeated in June will not be enacted without also dealing with the 12 million-plus undocumented immigrants and the guest worker program.

    So let's take a fresh look and try a narrower approach.

    There is a consensus in Congress on most objectives and many remedies for immigration reform: more border patrols, additional fencing, drones and some form of a guest worker program. Modern technological advances provide foolproof identification so employers can -- justifiably -- be severely sanctioned if they don't verify IDs and act to eliminate the magnet attracting illegals to penetrate the border. Yet Congress is unlikely to appropriate $3 billion for border security without dealing simultaneously with the illegal immigrants already here.

    The main objective in legalizing the 12 million was to eliminate their fugitive status, allowing them to live in the United States without fear of being detected and deported or being abused by unscrupulous employers. We should consider a revised status for those 12 million people. Let them hold the status of those with green cards -- without the automatic path to citizenship that was the core component of critics' argument that reform efforts were really amnesty. Give these people the company of their spouses and minor children and consider other indicators of citizenship short of the right to vote (which was always the dealbreaker).

    This approach may be attacked as creating an "underclass" inconsistent with American values, which have always been to give refuge to the "huddled masses." But such a compromise is clearly better than leaving these people a fugitive class. People with a lesser status are frequently referred to as second-class citizens. Congress has adamantly refused to make the 12 million people already here full citizens, but isn't it better for them to at least be secure aliens than hunted and exploited?

    Giving these people green-card status leaves open the opportunity for them to return to their native lands and seek citizenship through regular channels. Or, after our borders are secured and tough employer sanctions have been put in place, Congress can revisit the issue and possibly find a more hospitable America.

    Some of the other refinements of the defeated bill can await another day and the regular process of Judiciary Committee hearings and markups. Changing the law on family unification with a point system can also be considered later. Now, perhaps, we could add green cards for highly skilled workers and tinker at the edges of immigration law, providing we don't get bogged down in endless debate and defeated cloture motions.

    It would be refreshing if Congress, and the country, could come together in a bipartisan way to at least partially solve one of the big domestic issues of the day.

    The writer, a senator from Pennsylvania, is the ranking Republican on the Senate Judiciary Committee.



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  • gclongwaytogo
    10-19 09:42 AM
    July 3rd filer....LIN# (though I-140 approved at TSC)

    Receipt Date: July 3
    Notice Date: October 11
    EAD Card: Waiting
    No FP notice yet
    I-140 approved: TSC
    Originating Issuer of I-485 and I-765 : NSC





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  • sravani
    05-24 10:28 AM
    Honestly how many points we score really does not matter if the visa country cap is too low. Most of us, coming from India, China etc. score almost the same points and getting TOEFL is a piece of cake if you need to improve your points.

    It's pointless to break our heads calculating these points, everything is in limbo right now and the only best advise for new GC aspirants especially those coming from retrogressed countries is "Get your priority date locked by applying LC under the old system".



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  • dealsnet
    12-28 02:27 PM
    We are watching the processing date from Dec. 14 till yesterday. We did call them. You can see my thread for this matter. They talk about Nov. Date till recently. All of a sudden they come up with this with old date. see the link
    http://immigrationvoice.org/forum/showthread.php?t=16229 (http://http://immigrationvoice.org/forum/showthread.php?t=16229)

    Why did u give a negative marking for that?





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  • dkumar341
    07-08 09:52 AM
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  • nemu777
    09-17 03:38 PM
    Hi Vani,
    I applied for H1B through a NJ based consultancy company for year 2010. I haven't got any receipt number though my employer claims to have fedexed my application on April 6th. Have u been able to get in touch with USCIS regarding your application. Pls update.





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    lost_in_migration
    05-15 12:24 PM
    The problem of retrogression hits high skilled immigrants of all the countries and this is specially true for EB3. Hope more and more non-Indians sign-up for IV.

    This poll is highly skewed because majority of people on this forum are Indians, it does not really make sense to do this poll.



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