123456mg
08-16 08:06 PM
I applied for my PERM Labor Certification on 06-Aug-2007. My status online shows "APPROVED"on 13-Aug-2007. My Lawyer says that the HARD COPY is needed to move forward (My priority date is Jan-2006 from a prior Labor/I-140 approval).
1. How long does it usually take for the Hard copy to reach the attorney's office after approval.
2. Is there any way I can apply for I-140/485 by August 17th given that my status shows "APPROVED" as of today (August 14th).
Any suggestions?
This is another classical case of attorney screw up. If only your attorney had filed 6 days earlier, you could have filed for your I-140 and I-485 concurrently.
1. How long does it usually take for the Hard copy to reach the attorney's office after approval.
2. Is there any way I can apply for I-140/485 by August 17th given that my status shows "APPROVED" as of today (August 14th).
Any suggestions?
This is another classical case of attorney screw up. If only your attorney had filed 6 days earlier, you could have filed for your I-140 and I-485 concurrently.
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thakkarbhav
11-17 12:19 PM
I guess you need GC to apply for UnEmployment benefits....Is it correct?
rmo518
04-13 11:58 AM
Congratulations everyone! Thanks to the judges and the voters too!
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sk.aggarwal
02-28 10:53 AM
Got it... Just dont mention anything about H1 for sometime.. if something comes from company/HR tell them you want it done in premium since you (or your wife) might have to visit India soon. If they dont sound keen on doing it in premium, you can offer to pay the premium fee. Most employers dont object.
Just my 2 cents.
Best of luck with you job search
Just my 2 cents.
Best of luck with you job search
more...
Beasle
07-11 07:28 PM
My PERM (EB2) was filed mid January 2008, less than 365 days before my second term H1B will expire in October 1, 2008. The case was audited in March and we responded in April 2008 to the Atlanta Processing Center. Since then, no news.
From what I understand from my lawyer, there will be a time gap when I will be without H1B status between October 1, 2008 and mid January 2009, when I will be eligible for an automatic H1B extension due to the PERM pending for more than 365 days. This time gap comes to a total of about 110 days.
My lawyer suggests spending these 110 days out of the country before October 1st, so they can be filed as a �time recap� and added to my H1B October expiration date. As a result, this would get me to mid January 2009 for the H1B visa extension, so I can stay continuously in the US.
As of now, I already accumulated about 60 days � all from vacation during the 6 years on H1B. If I applied this for time recap, it would get me through December 1, 2008. If I can avoid it, I would rather not spend the remaining 50 days abroad before my H1B visa expiration.
Questions:
Recap eligibility
- Does paid vacation count as time out of the country for recap filing and added to the H1B expiration date?
- Do travel dates also count or only full days abroad?
Recap filing
- If the recap filing of 60 vacation days get me to December, can I still go in and out of the country between October and December -- even though my H1B officially ended in October?
- Can I do a recap filing several times for time periods that I might stay out of the country between October and December, so eventually it would get me to mid January, the date when the H1B extension can be filed?
Filing after PERM approval
- What are the next filing steps if I get my LC approved before / after October or December?
My lawyer, hired by my employer, keeps me in the dark. Is my information correct? Are there any work-arounds?
I need to stay in the country, regardless of the filing fees or other costs. Which other filings are required and when, so I can stay continuously in the country?
Thanks for any tips and advice.
From what I understand from my lawyer, there will be a time gap when I will be without H1B status between October 1, 2008 and mid January 2009, when I will be eligible for an automatic H1B extension due to the PERM pending for more than 365 days. This time gap comes to a total of about 110 days.
My lawyer suggests spending these 110 days out of the country before October 1st, so they can be filed as a �time recap� and added to my H1B October expiration date. As a result, this would get me to mid January 2009 for the H1B visa extension, so I can stay continuously in the US.
As of now, I already accumulated about 60 days � all from vacation during the 6 years on H1B. If I applied this for time recap, it would get me through December 1, 2008. If I can avoid it, I would rather not spend the remaining 50 days abroad before my H1B visa expiration.
Questions:
Recap eligibility
- Does paid vacation count as time out of the country for recap filing and added to the H1B expiration date?
- Do travel dates also count or only full days abroad?
Recap filing
- If the recap filing of 60 vacation days get me to December, can I still go in and out of the country between October and December -- even though my H1B officially ended in October?
- Can I do a recap filing several times for time periods that I might stay out of the country between October and December, so eventually it would get me to mid January, the date when the H1B extension can be filed?
Filing after PERM approval
- What are the next filing steps if I get my LC approved before / after October or December?
My lawyer, hired by my employer, keeps me in the dark. Is my information correct? Are there any work-arounds?
I need to stay in the country, regardless of the filing fees or other costs. Which other filings are required and when, so I can stay continuously in the country?
Thanks for any tips and advice.
Blog Feeds
08-26 07:20 AM
Immigration Visa Attorney Blog Has Just Posted the Following:
Elin Nordegren broke her silence (http://sports.yahoo.com/golf/blog/devil_ball_golf/post/Elin-Nordegren-on-Tiger-Woods-I-ve-been-throug?urn=golf-265021)today and gave her side of the story today telling the world how shocked and embarrassed she was by Tiger's infidelity. She also defended the marriage, saying that the marriage was real, not orchestrated for the cameras and sponsors.
In our practice at Fong & Chun, LLP, we have seen many marriages, like Elin and Tiger's which were entered into for love, completely genuine marriages and yet within years (sometimes a lot sooner), the marriage goes awry. For those immigrants whose conditional greencards were based on marriages to US citizens, these men and women find themselves in a situation like Elin, telling their stories to the USCIS, actually defending themselves from deportation, that even though their marriage didn't survive the test of time, it was not a marriage of convenience for immigration purposes.
If a marriage fails anytime before someone naturalizes, a person who immigrated through marriage will later be summoned by the USCIS for an intense and very uncomfortable interview in order to maintain their permanent residency - even at the time of applying for citizenship. Such interviews can even occur years after the marriage and divorce, so recounting the facts of a relationship and providing the documentation to verify the facts of the courtship, the wedding or civil ceremony, then detailing the timeline of marriage, separation and divorce is more than just burdensome, it's sometimes impossible. Attorneys at Fong & Chun have defended clients in such interviews, which can take several hours! Not to mention the legal briefing and the administrative review that can take months to years in the most complicated cases.
We have counseled couples and immigrants who face this difficult situation, sometimes their marriages have ended because they had to escape physical or emotional abuse, other times, the marriage failed because of infidelity or even financial distress. If you need help telling your side of the story to USCIS, call the attorneys at Fong & Chun, LLP for a free consultation. Maybe we can help. --ecf
More... (http://www.immigrationvisaattorneyblog.com/2010/08/elin-nordegren-her-side-of-the.html)
Elin Nordegren broke her silence (http://sports.yahoo.com/golf/blog/devil_ball_golf/post/Elin-Nordegren-on-Tiger-Woods-I-ve-been-throug?urn=golf-265021)today and gave her side of the story today telling the world how shocked and embarrassed she was by Tiger's infidelity. She also defended the marriage, saying that the marriage was real, not orchestrated for the cameras and sponsors.
In our practice at Fong & Chun, LLP, we have seen many marriages, like Elin and Tiger's which were entered into for love, completely genuine marriages and yet within years (sometimes a lot sooner), the marriage goes awry. For those immigrants whose conditional greencards were based on marriages to US citizens, these men and women find themselves in a situation like Elin, telling their stories to the USCIS, actually defending themselves from deportation, that even though their marriage didn't survive the test of time, it was not a marriage of convenience for immigration purposes.
If a marriage fails anytime before someone naturalizes, a person who immigrated through marriage will later be summoned by the USCIS for an intense and very uncomfortable interview in order to maintain their permanent residency - even at the time of applying for citizenship. Such interviews can even occur years after the marriage and divorce, so recounting the facts of a relationship and providing the documentation to verify the facts of the courtship, the wedding or civil ceremony, then detailing the timeline of marriage, separation and divorce is more than just burdensome, it's sometimes impossible. Attorneys at Fong & Chun have defended clients in such interviews, which can take several hours! Not to mention the legal briefing and the administrative review that can take months to years in the most complicated cases.
We have counseled couples and immigrants who face this difficult situation, sometimes their marriages have ended because they had to escape physical or emotional abuse, other times, the marriage failed because of infidelity or even financial distress. If you need help telling your side of the story to USCIS, call the attorneys at Fong & Chun, LLP for a free consultation. Maybe we can help. --ecf
More... (http://www.immigrationvisaattorneyblog.com/2010/08/elin-nordegren-her-side-of-the.html)
more...
dreamworld
12-13 05:10 PM
Yes, Finger prints are done in Oct 07
Make an infoPass appointment and go with the proof of travel emergency and your receipt notice. They might issue AP.
I will first check CISOmbudsman's web site's FAQ and USCIS Faq for this. But i can not do it at this time.
Make an infoPass appointment and go with the proof of travel emergency and your receipt notice. They might issue AP.
I will first check CISOmbudsman's web site's FAQ and USCIS Faq for this. But i can not do it at this time.
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wandmaker
08-26 08:29 AM
Hi,
I have a situation and will appreciate thoughts on that. I was working in a company on H1B and my company got closed and Moved back to India after 2-3 months.
Now I found a new employer who has a project for me but want me to join in 1-2 weeks. SO I was wondering what options do I have?
Is it possible to apply for B1 for some time and come and simultaneously apply for H1 Transfer.
Please let me know. Your help is appreciated.
Thanks
Maya
B1/B2 is not intended for work (or to even to seek work) - The best way is to apply for H1 in premium, get it stamped and go back. If everything goes smooth, total turnaround time would be 4 weeks tops.
I have a situation and will appreciate thoughts on that. I was working in a company on H1B and my company got closed and Moved back to India after 2-3 months.
Now I found a new employer who has a project for me but want me to join in 1-2 weeks. SO I was wondering what options do I have?
Is it possible to apply for B1 for some time and come and simultaneously apply for H1 Transfer.
Please let me know. Your help is appreciated.
Thanks
Maya
B1/B2 is not intended for work (or to even to seek work) - The best way is to apply for H1 in premium, get it stamped and go back. If everything goes smooth, total turnaround time would be 4 weeks tops.
more...
wandmaker
11-27 01:25 PM
fionaapple20: Safest and clean route is to find an another employer and transfer H1B. Make sure your current employer does not revoke your 140, in case if its not approved. Additionally, it is highly recommended to invoke AC21 after your 140 is approved and 180 days passed.
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GC_SUCK
08-07 02:50 PM
Just spoke to IO at NSC. Asked about my case. NC is clear and right now processing 09/06 cases so no movement on my case.
Asked if it has chance getting approved by the end of this year. She said, depending on how many visa no. they get from DOS, there are fair chances that it may get approved by the end of this year.
I still do not trust them, but her kind words gave me little hope.
PD- - 04/08/2002 (ROW)
I-140 RD - March 2007 (Approved)
I-1485 RD - March 2007 (PENDING)
Asked if it has chance getting approved by the end of this year. She said, depending on how many visa no. they get from DOS, there are fair chances that it may get approved by the end of this year.
I still do not trust them, but her kind words gave me little hope.
PD- - 04/08/2002 (ROW)
I-140 RD - March 2007 (Approved)
I-1485 RD - March 2007 (PENDING)
more...
Asian
09-15 10:52 AM
As they just started I-140 premium processing, I wonder why they cannot initiate 3rd stage premium processing.
I wouldn't mind spending a couple thousand dollars if I can get the actual green card in a couple of weeks after starting the 3rd stage. Time is money. If I can buy it, I will buy it.
I don't think it is very constructive to repeat the same story to the congress, which they are not tuned to. We'd better make various suggestions from many different angles so that they can pick at least some of them in a timely manner.
I wouldn't mind spending a couple thousand dollars if I can get the actual green card in a couple of weeks after starting the 3rd stage. Time is money. If I can buy it, I will buy it.
I don't think it is very constructive to repeat the same story to the congress, which they are not tuned to. We'd better make various suggestions from many different angles so that they can pick at least some of them in a timely manner.
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dealguy007
05-12 06:29 PM
u can stay with A, no problem.
I am in the same boat, so can we use PD and I-140 from employer A even through my employment and H1B are not with Employer for a few months?
I am in the same boat, so can we use PD and I-140 from employer A even through my employment and H1B are not with Employer for a few months?
more...
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x1050us
06-25 09:33 PM
Shouldn't the whole decision be given in 15 calender days ? My 7th year H1 ext was filed 11 days ago. No clue of a receipt number yet.
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immi2006
07-01 08:14 AM
Hi,
I want to know how this can be possible. A few folks who work with me claim that some folks whom they know well have got GC in Feb 2007, even though there PD is June 2005.
They are all from India. I am sitting here with Aug 2001 PD, just cleard from BEC and waiting to file 140 and 485.
Do you think there is any truth to the previous statements of my friend ?
I want to know how this can be possible. A few folks who work with me claim that some folks whom they know well have got GC in Feb 2007, even though there PD is June 2005.
They are all from India. I am sitting here with Aug 2001 PD, just cleard from BEC and waiting to file 140 and 485.
Do you think there is any truth to the previous statements of my friend ?
more...
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krishgreen
01-11 10:48 PM
I don't have answer to your first question. But, I went to Matamoros, Mexico in May 2010 for visa stamping. I wouldn't suggest going to Mexico if you don't have a letter from Client specifying your role on the project with project duration. I was grilled for about 20mins even though I had client letter, w2's for last 5 years. I had to stay overnight in Mexico as they have problems with their printers and could notget the visa printing done the same day. Be prepared to stay in Mexico a day or two incase if you face the same situation.
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kpchal2
08-27 10:53 AM
I just got off the phone with a second level rep at USCIS and am getting really confused with their mixed messaged. before i push any panic buttons can some one please let me know if they had any conversations with the idiotic bunch at uscis and share your conversations with regards to the visa availability for next month. this idiot states that vsc just oversubscribed and that it could be that there wont be any movement on the cases. all this over enthusiasm for nothing - that would really infuriate me. there is a limit to the fuss they can cause and play with emotions.
more...
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neeidd
11-12 04:39 PM
Where do I look for that in my profile?
Thanks
Pappu,
Could you please tell me what I am supposed to do ?
Thanks,
Thanks
Pappu,
Could you please tell me what I am supposed to do ?
Thanks,
girlfriend Elin and Tiger Woods
senk1s
10-26 03:04 PM
there was a thread in the travel options forum
where someone has obtained AP on priority - by repaying the fees
http://immigrationvoice.org/forum/showthread.php?t=14838
where someone has obtained AP on priority - by repaying the fees
http://immigrationvoice.org/forum/showthread.php?t=14838
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dixie
08-17 05:17 PM
I am ordinarily based in NC, but not at the moment. I have drawn attention to a couple of friends also in IV .. hope you get some responses soon.
senk1s
11-26 06:47 PM
----
1) I got my EAD 3 months back. Also received my AP in Oct. Typically how long is the journey from EAD to actual GC?
There is no correlation between the two. GC is based on your priority date and nationality
2) When does the 180 day period for AC21 begin? The day I sent my 140/485 packet or the receipt date (behind the cashed check) of my 140/485 application?
The sending date has no significance. It should be the receipt date (sometimes notice date is 'better')
3) Now that I have my EAD, do I need to do anything at this point? I already have a SSN. Does the SSN change after getting EAD? Do I need to apply for I-9 or something?
If you are working on H1, nothing
4) Have people been successful with AC21? What if I want to move on to another role (different in responsibilities from my current role)? Can I still use AC21?
You may read all about AC21 here
http://immigrationvoice.org/forum/forumdisplay.php?f=72
PS: My company lawyers are very unfriendly and rude. So thanks for your help in advance.
If they are being paid for the services, they better give the services - Complain to HR
__________________________________________________ ________________
EB3, TSC, PD - Dec 06, 1st FP done, Filed 140 & 485 during the July rush
1) I got my EAD 3 months back. Also received my AP in Oct. Typically how long is the journey from EAD to actual GC?
There is no correlation between the two. GC is based on your priority date and nationality
2) When does the 180 day period for AC21 begin? The day I sent my 140/485 packet or the receipt date (behind the cashed check) of my 140/485 application?
The sending date has no significance. It should be the receipt date (sometimes notice date is 'better')
3) Now that I have my EAD, do I need to do anything at this point? I already have a SSN. Does the SSN change after getting EAD? Do I need to apply for I-9 or something?
If you are working on H1, nothing
4) Have people been successful with AC21? What if I want to move on to another role (different in responsibilities from my current role)? Can I still use AC21?
You may read all about AC21 here
http://immigrationvoice.org/forum/forumdisplay.php?f=72
PS: My company lawyers are very unfriendly and rude. So thanks for your help in advance.
If they are being paid for the services, they better give the services - Complain to HR
__________________________________________________ ________________
EB3, TSC, PD - Dec 06, 1st FP done, Filed 140 & 485 during the July rush
gcisadawg
04-24 12:35 PM
Thank you very much for quick response. My wife has NO stamping in the passport but we have AP. Do you think a copy of I797 will be OK at POE?
Thank you very much!
If you have AP, I dont see an issue. Just take a copy of your I-485 and I-797...That should be enough....Also quickly print your last two paychecks.
I travelled with AP and a copy of I-485 receipt....Nothing else....
Best wishes
GCisaDawg
Thank you very much!
If you have AP, I dont see an issue. Just take a copy of your I-485 and I-797...That should be enough....Also quickly print your last two paychecks.
I travelled with AP and a copy of I-485 receipt....Nothing else....
Best wishes
GCisaDawg
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