aguada
11-09 11:40 AM
My case: Perm Approved, I140 approved last year, long wait for I485. I have (had) 3 years extension till 2013
My company's lawyer was supposed to revoke H1 of say (name changed) Venkatesh Natarajan and they by mistake revoked mine because of similarity of name(Vedant Narayanan). This happened in July and got approved in August (see below for details). The day my company got to know a wrong employee's H1 was revoked they filed for reinstatement.
Here are the chronological events
Date on which my H1 revocation notice was sent to USCIS: 7/28/2010
Date on which USCIS agreed to revoke my H1: USCIS says they got our letter of revocation on 8/15/2010, but their letter was dated 9/27/2010
Date when my employer was informed by lawyer's office about revocation: 10/24/2010
Date when my company filed for reinstatement of my H1, with pre-paid FedEx packet for USCIS to use with a reply: 10/25/2010. The USCIS has not responded to this letter.
Currently the action being taken is that they are in a process to file a new H1B as a backup, if USCIS doesn't reply to the letter or if they say that revocation process can't be undone.
I read about this nunc-pro-tunc provision. Do you think my new premium H1B should be filed with the nunc-pro-tunc provision? So that my new H1 is backdated from the day it was revoked.
References:
MurthyDotCom : Nunc Pro Tunc H1B and H-4 Cases Approved (http://www.murthy.com/news/n_nunpro.html)
MurthyDotCom : Murthy Success Story - Previously Denied H-4 Nunc Pro Tunc & I-485 Approved (http://www.murthy.com/news/n_mssnpt.html)
MurthyDotCom : Eligibility under Sections 245(i) & 245(k) for AOS (http://www.murthy.com/adjsta.html)
Section 245(k)
Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.
Will this 180 days 245(k) clause help me in anyway?
How should we tackle this situation. Is there any other options that we can try, any phone number we can call? Any way we can ask USCIS to undo the revocation? Any suggestions/pointers appreciated.
Thanks
My company's lawyer was supposed to revoke H1 of say (name changed) Venkatesh Natarajan and they by mistake revoked mine because of similarity of name(Vedant Narayanan). This happened in July and got approved in August (see below for details). The day my company got to know a wrong employee's H1 was revoked they filed for reinstatement.
Here are the chronological events
Date on which my H1 revocation notice was sent to USCIS: 7/28/2010
Date on which USCIS agreed to revoke my H1: USCIS says they got our letter of revocation on 8/15/2010, but their letter was dated 9/27/2010
Date when my employer was informed by lawyer's office about revocation: 10/24/2010
Date when my company filed for reinstatement of my H1, with pre-paid FedEx packet for USCIS to use with a reply: 10/25/2010. The USCIS has not responded to this letter.
Currently the action being taken is that they are in a process to file a new H1B as a backup, if USCIS doesn't reply to the letter or if they say that revocation process can't be undone.
I read about this nunc-pro-tunc provision. Do you think my new premium H1B should be filed with the nunc-pro-tunc provision? So that my new H1 is backdated from the day it was revoked.
References:
MurthyDotCom : Nunc Pro Tunc H1B and H-4 Cases Approved (http://www.murthy.com/news/n_nunpro.html)
MurthyDotCom : Murthy Success Story - Previously Denied H-4 Nunc Pro Tunc & I-485 Approved (http://www.murthy.com/news/n_mssnpt.html)
MurthyDotCom : Eligibility under Sections 245(i) & 245(k) for AOS (http://www.murthy.com/adjsta.html)
Section 245(k)
Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.
Will this 180 days 245(k) clause help me in anyway?
How should we tackle this situation. Is there any other options that we can try, any phone number we can call? Any way we can ask USCIS to undo the revocation? Any suggestions/pointers appreciated.
Thanks
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kondur_007
05-18 07:04 PM
Hope you are posting your question for US immigration. (This site discusses US immigration)
As far as I know the country of chargeability is your or your spouse's birth country(Choice during I485 application) not based on citizenship. HTH
Yes, that is correct.
If you were born in India, you will still be counted as "EB2 India" in greencard queue even after you become british citizen.
In other words, if you are planning to become a british citizen to live there, good luck. But it will not help you with US immigration.
As far as I know the country of chargeability is your or your spouse's birth country(Choice during I485 application) not based on citizenship. HTH
Yes, that is correct.
If you were born in India, you will still be counted as "EB2 India" in greencard queue even after you become british citizen.
In other words, if you are planning to become a british citizen to live there, good luck. But it will not help you with US immigration.
kalyan
06-23 12:50 PM
Those who are on h1 cannot do that as IV is not employer for H1b.
Who are on EAD and above line can do it.
Its my thought.
Who are on EAD and above line can do it.
Its my thought.
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LookingForGC
06-29 05:20 PM
The question looks good to me, i am also looking for the answer. Hope someone will give right answer for this.
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RadioactveChimp
04-25 11:14 PM
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i second that
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Dhundhun
06-28 08:06 PM
I am about to mail the documents for my EAD and AP renewal.
Current Residence: Missouri
Could someone please verify the filing addresses for a FEDEX delivery.
EAD filing Address:
Nebraska Service Center
850 S. Street,
Lincoln, NE 68508-1225
AP filing Address:
USCIS Nebraska Service Center
P.O. Box 87131
Lincoln, NE 68501-7131
Addresses are OK, but can you send FEDEX to P.O. Box?
Current Residence: Missouri
Could someone please verify the filing addresses for a FEDEX delivery.
EAD filing Address:
Nebraska Service Center
850 S. Street,
Lincoln, NE 68508-1225
AP filing Address:
USCIS Nebraska Service Center
P.O. Box 87131
Lincoln, NE 68501-7131
Addresses are OK, but can you send FEDEX to P.O. Box?
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goingtoindia
03-30 01:51 AM
My I-485/I-140 were filed on Jul 2, 2007 (I-140 approved in 9/2007). I possess an EAD valid till Sep 2010 and AP valid till Aug 2009. I lost my job (H1B) in late January. I have a family emergency compelling me to travel to India for a week (starting Saturday next week 04/04/2009). Will there be any problem in terms of using my AP to re-enter the U.S? An early reply would be appreciated. Thank You very much in advance.
P.S: I do not have a job yet.
P.S: I do not have a job yet.
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gc_chahiye
09-19 05:21 PM
if i use EAD for a part time job, does the H1B visa status become invalid?
yes. look up the archives, this has come up quite a few times. Some people say going from EAD to H1 is a one-way street and coming back requires new H1 subject to cap. Many others (including my attorney) say that you can come back on new H1 (or even existing H1 petition if its not expired) without being subject to quota/cap. Reactivating the H1 does require a trip out and back into the US.
yes. look up the archives, this has come up quite a few times. Some people say going from EAD to H1 is a one-way street and coming back requires new H1 subject to cap. Many others (including my attorney) say that you can come back on new H1 (or even existing H1 petition if its not expired) without being subject to quota/cap. Reactivating the H1 does require a trip out and back into the US.
more...
baldev.thakur
06-24 02:31 PM
Hi folks
Hi Folks
Assuming & God Willing I get my GC then , how long does it take to get US Citizenship. Does it matter which state you are working in and the Queues , State Wide Differ OR its the same slab.
Can someone point me to the webpage on USCIS that tells you how long the Q is . Does it matter , what your prev. nationality before GC was like to Priority Date my country or no relation.
HOW can I get US Citizenship Fastest ? AND HOW LONG, friends, does it take to get your family here as a dependent of a US Citizen
Hi Folks
Assuming & God Willing I get my GC then , how long does it take to get US Citizenship. Does it matter which state you are working in and the Queues , State Wide Differ OR its the same slab.
Can someone point me to the webpage on USCIS that tells you how long the Q is . Does it matter , what your prev. nationality before GC was like to Priority Date my country or no relation.
HOW can I get US Citizenship Fastest ? AND HOW LONG, friends, does it take to get your family here as a dependent of a US Citizen
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chanduv23
04-26 09:52 PM
Hi guys,
Some of may think "Wait for the actual letter to come" but I feel too nervous and just want to share my thoughts. I applied for EB5 and my I526 was approved. Then I applied adjustment of status and got an I485 RFE. Have not got the letter yet but got the email that my case is on hold right now. Can you tell me about the RFE? Is that common? Is that the first step of denial? I'm so nervous right now. I will write what they are asking when I got the letter which I'm expecting on Tuesday or Wednesday. Thank you very much.
These days people are figiting wrong ful denials through MTRs. RFEs are common and one does not have to worry about RFE. Just wait for your letter and respond accordingly. There is no "first step" for denial - if your case is approvable it gets approved - if not it gets denied - period.
Some of may think "Wait for the actual letter to come" but I feel too nervous and just want to share my thoughts. I applied for EB5 and my I526 was approved. Then I applied adjustment of status and got an I485 RFE. Have not got the letter yet but got the email that my case is on hold right now. Can you tell me about the RFE? Is that common? Is that the first step of denial? I'm so nervous right now. I will write what they are asking when I got the letter which I'm expecting on Tuesday or Wednesday. Thank you very much.
These days people are figiting wrong ful denials through MTRs. RFEs are common and one does not have to worry about RFE. Just wait for your letter and respond accordingly. There is no "first step" for denial - if your case is approvable it gets approved - if not it gets denied - period.
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anishNewbie
09-04 06:32 PM
Below are the 2 listed jobs.. I am currently working as 15-1051.00 Computer Systems Analysts for XXX comp... I have been working for more than 3 years.. They are planning to file my GC soon..
I know for a fact that you cannot count current employer exp for GC. If i start working for the same employer on 15-1031.00 Computer Software Engineers, Applications , is it more than 50% different in role so i can count my 3 years experience when applying my GC ??
Also do i have to file a new H1 for this 15-1031.00 Computer Software Engineers, Applications job from same employer ??
All Attorney/ Senior memeber.. please guide me on this..
15-1051.00 Computer Systems Analysts
Analyze science, engineering, business, and all other data processing problems for application to electronic data processing systems. Analyze user requirements, procedures, and problems to automate or improve existing systems and review computer system capabilities, workflow, and scheduling limitations. May analyze or recommend commercially available software. May supervise computer programmers.
15-1031.00 Computer Software Engineers, Applications
Develop, create, and modify general computer applications software or specialized utility programs. Analyze user needs and develop software solutions. Design software or customize software for client use with the aim of optimizing operational efficiency. May analyze and design databases within an application area, working individually or coordinating database development as part of a team.
I know for a fact that you cannot count current employer exp for GC. If i start working for the same employer on 15-1031.00 Computer Software Engineers, Applications , is it more than 50% different in role so i can count my 3 years experience when applying my GC ??
Also do i have to file a new H1 for this 15-1031.00 Computer Software Engineers, Applications job from same employer ??
All Attorney/ Senior memeber.. please guide me on this..
15-1051.00 Computer Systems Analysts
Analyze science, engineering, business, and all other data processing problems for application to electronic data processing systems. Analyze user requirements, procedures, and problems to automate or improve existing systems and review computer system capabilities, workflow, and scheduling limitations. May analyze or recommend commercially available software. May supervise computer programmers.
15-1031.00 Computer Software Engineers, Applications
Develop, create, and modify general computer applications software or specialized utility programs. Analyze user needs and develop software solutions. Design software or customize software for client use with the aim of optimizing operational efficiency. May analyze and design databases within an application area, working individually or coordinating database development as part of a team.
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shruthii_1210@yahoo.com
10-09 04:42 PM
That is what , i don't have any information with me about I140 except the fact that it got approved one year ago and now i applied 485 and got EAD cards also.
IS there any way to get when both employer and attorney is not willing to give it to me ? Or is it really required ?
I dont even have the receipt number.
my point is UCSIS know about approved I- 140 bcz they approved it. Also i am hoping my attorney added some information about the I-140 in my I485 when he applied.. Is that correct ?
IS there any way to get when both employer and attorney is not willing to give it to me ? Or is it really required ?
I dont even have the receipt number.
my point is UCSIS know about approved I- 140 bcz they approved it. Also i am hoping my attorney added some information about the I-140 in my I485 when he applied.. Is that correct ?
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cooolvick
06-19 03:18 PM
Hi all,
This is for my friend who got his 3 year H1- B extension recently.
He planned to visit India for stamping and already booked the air ticket + consulate appointment.
But the Visa validity start date in his I-797A is incorrect. He joined this company only in 2006 but the start date shown in I-797A is sometime in 2001.
Though the END date is correct, Is it going to cause any problem in his Visa stamping?
He got only 2 weeks to fly and skeptical about the turnaround timeframe to file for correction.
His lawyer says it is a very minor problem and will not affect the visa stamping.
Please share any similar experiences / ideas.
Thanks a lot
This is for my friend who got his 3 year H1- B extension recently.
He planned to visit India for stamping and already booked the air ticket + consulate appointment.
But the Visa validity start date in his I-797A is incorrect. He joined this company only in 2006 but the start date shown in I-797A is sometime in 2001.
Though the END date is correct, Is it going to cause any problem in his Visa stamping?
He got only 2 weeks to fly and skeptical about the turnaround timeframe to file for correction.
His lawyer says it is a very minor problem and will not affect the visa stamping.
Please share any similar experiences / ideas.
Thanks a lot
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leo2606
07-19 10:00 PM
is you will be paying double fees.USCIS will automatically deny 1 case when the other one is approved.
I am in the same situation (but my PD is 1 year earlier than my wife) but I am just filing my case and holding of my wife's I-140.
I am in the same situation (but my PD is 1 year earlier than my wife) but I am just filing my case and holding of my wife's I-140.
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srinivasansas
06-15 12:58 PM
I see that majority of the people here are getting ready to apply for 485, I want to track already pending 485.
My Info:
EB3; PD Dec03; 485-Pending since Dec04; FP done Mar06; No LUD
My Info:
EB3; PD Dec03; 485-Pending since Dec04; FP done Mar06; No LUD
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maheshf
03-23 11:49 AM
Bump
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fide_champ
09-15 03:59 PM
Hi,
I-485 filed in july 2007. I-140 cleared in 2005.
We filed for GC in 2003 (eb3) in spite of my husband having two advanced degrees (M.Tech and Ph.d) but he is not working in the same field of ph.d. His company randomly filed in eb3 for all the employees.
But now my husband is diagnosed with chronic disease. We are thinking if we switch to eb2 since he is eligible to do that, atleast he would get some medical benefits for the treatment.
How do we proceed with this? Do we have to file labor again?
Any suggestions would be really appreciated.
how medical treatment is related to EB2? All you need is a good insurance.
I-485 filed in july 2007. I-140 cleared in 2005.
We filed for GC in 2003 (eb3) in spite of my husband having two advanced degrees (M.Tech and Ph.d) but he is not working in the same field of ph.d. His company randomly filed in eb3 for all the employees.
But now my husband is diagnosed with chronic disease. We are thinking if we switch to eb2 since he is eligible to do that, atleast he would get some medical benefits for the treatment.
How do we proceed with this? Do we have to file labor again?
Any suggestions would be really appreciated.
how medical treatment is related to EB2? All you need is a good insurance.
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vnsriv
07-05 12:53 PM
Thanks
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capriol
06-20 01:43 PM
Hi,
I am on Adv-Parole (with EAD) and planning to visit India in July 2010.
I know that UK and France require transit visa, but I was wondering whether I can fly via KLM (Amsterdam) OR Lufthansa (Frankfurt) without any transit visa ?
Will appreciate the response.
Thanks,
Venu.
Hi Venu,
I can say with certainity that transit visa is not required for return through Amsterdam on AP. This year 2010, was my second travel through Amsterdam with AP and the port officials really respected the document and treated me very well.
I am on Adv-Parole (with EAD) and planning to visit India in July 2010.
I know that UK and France require transit visa, but I was wondering whether I can fly via KLM (Amsterdam) OR Lufthansa (Frankfurt) without any transit visa ?
Will appreciate the response.
Thanks,
Venu.
Hi Venu,
I can say with certainity that transit visa is not required for return through Amsterdam on AP. This year 2010, was my second travel through Amsterdam with AP and the port officials really respected the document and treated me very well.
GC_hope_2006
08-08 04:55 PM
Please find below my case details:
i.Started on L1A in Dec 2001
ii.Applied for a new H1 in June 2005 with start date as Oct 1,2005(New H1 application) : Came to US on H1 in Mar 2006 with "I 94 and Petition End Date(PED)" as Dec 2007.
iii.Since Dec 2001 till Mar 2006, have been in India for totalling 10 months (2.5 months in 2003, 1.5 months 2004, 6 months during 2005-2006).
With the assumption that I can recapture the time spent outside US (10 months), the six year clock ends in Oct 2008. If so, to get 7th year extension
would it work as long as the Labour is filed before Oct 2007.
Am I correct in this assessment or does the 6 year clock indeed ends in "Dec 2007" (as in my I94/PED) and I should have the Labour filed before Dec 2006.
Any thoughts? Appreciate your comments.
Thanks very much in advance.
i.Started on L1A in Dec 2001
ii.Applied for a new H1 in June 2005 with start date as Oct 1,2005(New H1 application) : Came to US on H1 in Mar 2006 with "I 94 and Petition End Date(PED)" as Dec 2007.
iii.Since Dec 2001 till Mar 2006, have been in India for totalling 10 months (2.5 months in 2003, 1.5 months 2004, 6 months during 2005-2006).
With the assumption that I can recapture the time spent outside US (10 months), the six year clock ends in Oct 2008. If so, to get 7th year extension
would it work as long as the Labour is filed before Oct 2007.
Am I correct in this assessment or does the 6 year clock indeed ends in "Dec 2007" (as in my I94/PED) and I should have the Labour filed before Dec 2006.
Any thoughts? Appreciate your comments.
Thanks very much in advance.
chna
06-30 11:46 AM
Hi Friends,
I am a green card holder, becoming eligible for citizenship in April 2009. My fianc�e has been in the US for the past 2 plus years on F1. She completes her MS in December this year .We plan to visit our home country in August this year and get married. I thought this was a relatively uncomplicated case till I read in some forum recently that marriage to a permanent resident can be a barrier to being admitted to the U.S. in F-1 status. This is because such a marriage obliterates the "non-immigrant" intent required for F-1 entrants. This could very easily jeopardize her plan to re-enter in F-1 status.
Any thoughts or advice on this? Appreciate all the help.
Thanks a lot.
I am a green card holder, becoming eligible for citizenship in April 2009. My fianc�e has been in the US for the past 2 plus years on F1. She completes her MS in December this year .We plan to visit our home country in August this year and get married. I thought this was a relatively uncomplicated case till I read in some forum recently that marriage to a permanent resident can be a barrier to being admitted to the U.S. in F-1 status. This is because such a marriage obliterates the "non-immigrant" intent required for F-1 entrants. This could very easily jeopardize her plan to re-enter in F-1 status.
Any thoughts or advice on this? Appreciate all the help.
Thanks a lot.
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