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angelfire76
04-23 01:20 PM
I know it is a loss in priority date. But my point is: "does fighting with the lawyer, give him his time back?" In fact by that he is loosing his valuable time and energy further.
If there is "ANY" method to get his "LC" approved with the same priority date, I totally agree he should do that.
That is what I mean by "focus on your goal". If your goal is to fight with lawyer for a cause, just do it. You will at least feel happy that you did the right thing, whatever you felt right.
Also "you pay the lawyer to represent you and to do things for you". The "payment" is not for a 100% error-free service. It is always back on your shoulder to make sure the lawyer is doing the right thing. Many of you may not agree, but that is my view. It is just a service. Not an "error-free-guaranteed" service.
You must be a lawyer, the ambulance chasing kind. Try the same line of argument with your boss when the system (assuming you are a IT guy) that you built and deployed into production fails and you want more money to fix your errors.
The reason we engage a lawyer and not do the stuff ourselves is because we don't know enough of the (unnecessarily complex) US immigration law. The least thing the lawyer can do is review the form before submitting it to DOL.
No wonder with guys like you, like teli said, we are stuck in an absurdly long immigration queue.
To the original poster, file a MTR (Motion to reconsider) soon with the help of another lawyer if possible with an explanation of the error. If the mistake is genuine, DOL will reopen your case.
If there is "ANY" method to get his "LC" approved with the same priority date, I totally agree he should do that.
That is what I mean by "focus on your goal". If your goal is to fight with lawyer for a cause, just do it. You will at least feel happy that you did the right thing, whatever you felt right.
Also "you pay the lawyer to represent you and to do things for you". The "payment" is not for a 100% error-free service. It is always back on your shoulder to make sure the lawyer is doing the right thing. Many of you may not agree, but that is my view. It is just a service. Not an "error-free-guaranteed" service.
You must be a lawyer, the ambulance chasing kind. Try the same line of argument with your boss when the system (assuming you are a IT guy) that you built and deployed into production fails and you want more money to fix your errors.
The reason we engage a lawyer and not do the stuff ourselves is because we don't know enough of the (unnecessarily complex) US immigration law. The least thing the lawyer can do is review the form before submitting it to DOL.
No wonder with guys like you, like teli said, we are stuck in an absurdly long immigration queue.
To the original poster, file a MTR (Motion to reconsider) soon with the help of another lawyer if possible with an explanation of the error. If the mistake is genuine, DOL will reopen your case.
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averagedesi
09-08 01:21 AM
When is your infopass appt?
vijse
12-14 08:20 PM
I just realised that there is the wrong expiration date on my i-94 when I came back from a visit to India in Feb 2006.
The officer did not put the date according to the 797 which expires in 2007 .He put the expiration date as per the visa stamp.
My visa in my passport has also expired in April 2006.
My company is filing for 1485 and the lawyer just noticed it .
What are my options ?
The officer did not put the date according to the 797 which expires in 2007 .He put the expiration date as per the visa stamp.
My visa in my passport has also expired in April 2006.
My company is filing for 1485 and the lawyer just noticed it .
What are my options ?
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acecupid
06-09 12:30 PM
Our I-485 is pending and we have EAD/AP to enter the US back. We are planning to travel to INDIA end of this year and we can use our AP to return. We also have our H1B/H4 visa approval until 10/2010. The question is:
1. Should we stamp our passport with H1B/H4 visas? If yes, does anyone has information about how to take an appointment from US for Mumbai embassy?
2. Is it recommanded to have passport stamped with H1B/H4 even if we have Advance Parole?
Please help. Thanks a lot.
1. If you are currently in H1 status then my personal opinion is to continue to stay on H1 rather than become a parolee with AP entry. Ofcourse you can avoid a lot of hassles and mental tension with AP, however its good to be on H1 and keep AP as backup for re-entry.
If God forbid your I-485 gets denied for some reason, then you will still be in status based on H1. If you are a parolee at the time of denial, then you go out of status right away. Ofcourse you can file MTR and still get back in status if things work out. But having H1 is the cleanest way to maintain valid status.
You have to take the appointment from VFS website for the mumbai consulate. Keep in mind mumbai consulate process is slightly different compared to the other consulates in India. You have to send the application forms and required documentation 3 days prior to the interview date. You can get more info here : https://www.vfs-usa.co.in/Home.aspx
2.Since you already have AP, there is no harm in getting H1B stamped. If it is denied for some reason you can always come back on AP. Make sure you carry a copy of your I-485 receipt for the interview.
1. Should we stamp our passport with H1B/H4 visas? If yes, does anyone has information about how to take an appointment from US for Mumbai embassy?
2. Is it recommanded to have passport stamped with H1B/H4 even if we have Advance Parole?
Please help. Thanks a lot.
1. If you are currently in H1 status then my personal opinion is to continue to stay on H1 rather than become a parolee with AP entry. Ofcourse you can avoid a lot of hassles and mental tension with AP, however its good to be on H1 and keep AP as backup for re-entry.
If God forbid your I-485 gets denied for some reason, then you will still be in status based on H1. If you are a parolee at the time of denial, then you go out of status right away. Ofcourse you can file MTR and still get back in status if things work out. But having H1 is the cleanest way to maintain valid status.
You have to take the appointment from VFS website for the mumbai consulate. Keep in mind mumbai consulate process is slightly different compared to the other consulates in India. You have to send the application forms and required documentation 3 days prior to the interview date. You can get more info here : https://www.vfs-usa.co.in/Home.aspx
2.Since you already have AP, there is no harm in getting H1B stamped. If it is denied for some reason you can always come back on AP. Make sure you carry a copy of your I-485 receipt for the interview.
more...
pjalan
04-01 03:08 PM
I spoke to one lawyer and he said I can respond to I-140 RFE myself if I know wht it is about.
If USCIS allows one to port I-1485 and approvable I-140 I am not sure what is all this mess about?
Can't I myself respond to the RFE?
If USCIS allows one to port I-1485 and approvable I-140 I am not sure what is all this mess about?
Can't I myself respond to the RFE?
Jaime
07-26 03:36 PM
Anyone know?
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TeddyKoochu
04-22 03:42 PM
Congrats and thanks for sharing this great news. Looks like E-E Relationship memo is not being applied.
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vinabath
03-24 03:12 PM
Dear VB,
I have noticed that you are creating new threads just for the heck of it. If you really have an issue that warrants a separate thread and discussion, please go ahead and do it. Please do not abuse the forum. Use your discretion wisely and stop creating threads that depict frustration.
Take it easy and cheer up brother!!
I have noticed that you are creating new threads just for the heck of it. If you really have an issue that warrants a separate thread and discussion, please go ahead and do it. Please do not abuse the forum. Use your discretion wisely and stop creating threads that depict frustration.
Take it easy and cheer up brother!!
more...
GCard_Dream
09-03 08:14 PM
I think I know which memo you are talking about but I can't access it when I click on it because it is password protected. Is there a way you could just post the content of the memo here for those of us who can't access? It would be helpful.
AILA is collecting information in an effort to work with USCIS to identify adjustment of status applications that may be approvable as of October 1, 2008, when new visa numbers become available. The focus of this effort is those adjustment of status cases, which are approvable under the February 4, 2008, security check memo by Michael Aytes. (See http://www.aila.org/content/default.aspx?docid=24522)
This information is being gathered for liaison purposes only in an attempt to identify and improve processing of cases covered by the February Aytes memo, and though the information will be provided to the USCIS for analysis, neither the AILA-USCIS Liaison Committee nor the USCIS will be contacting the attorney of record or the parties in direct response to information provided.
If your client has an adjustment of status pending over one year and is currently subject to a backlog but was current under the June 2008 Visa Bulletin, we would like to hear from you. Please fill out the following survey.
------------------------------------------
http://aila.org/RecentPosting/RecentPostingList.aspx
AILA is collecting information in an effort to work with USCIS to identify adjustment of status applications that may be approvable as of October 1, 2008, when new visa numbers become available. The focus of this effort is those adjustment of status cases, which are approvable under the February 4, 2008, security check memo by Michael Aytes. (See http://www.aila.org/content/default.aspx?docid=24522)
This information is being gathered for liaison purposes only in an attempt to identify and improve processing of cases covered by the February Aytes memo, and though the information will be provided to the USCIS for analysis, neither the AILA-USCIS Liaison Committee nor the USCIS will be contacting the attorney of record or the parties in direct response to information provided.
If your client has an adjustment of status pending over one year and is currently subject to a backlog but was current under the June 2008 Visa Bulletin, we would like to hear from you. Please fill out the following survey.
------------------------------------------
http://aila.org/RecentPosting/RecentPostingList.aspx
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ggc
10-16 04:41 PM
No, I received interview cancellation letter for the interview that scheduled in 2009. Reason not mentioned in that letter. We moved to CA, this year and San Jose field office scheduled interview
more...
chillfakter
02-11 04:15 PM
I am going to Canada tomorrow for my H-1 stamping. My passport expires in Jan 2008 though (less than a year left!!). I assume that I will get a 3-year visa stamp.
However, when I re-enter the US, I guess the I-94 I get will have an expiration date that matches my passport expiration date rather than my H1B visa expiration date. Am I correct in assuming this?
Is there such a thing as an I-94 extension, and if so how easily does it get approved. Thank you so much, but I am getting really worried right now.
However, when I re-enter the US, I guess the I-94 I get will have an expiration date that matches my passport expiration date rather than my H1B visa expiration date. Am I correct in assuming this?
Is there such a thing as an I-94 extension, and if so how easily does it get approved. Thank you so much, but I am getting really worried right now.
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Wish_Good
06-22 06:04 PM
Hi Attorney's,
Thanks for this excellent community service. Which will help lot
of people like me who are stuck with the Immigration/USCIS Issues/Errors.
My Sincere thanks for responses to my earlier posting.
Company A: Labor approved in Dec 2006. Applied I-140 in June 2007
and got RFE regarding my Educational Transcripts Which was
responded in time and USCIS received on Dec 5, 2007. Then Got EAD
and AP approved. On Apr3 2008 I-140 Denied (I-140 was denied -
due to 3yr degree) then I-485 denied on June 26th 2008. So, First
applied MTR for I-140 which was denied on Feb,2009. Then applied
one more MTR (Appeal)for I-140 on March 13th, 2009 (check cashed
by USCIS... receipt copy not yet received).
Suddenly in the recent past month I see that, My I-485 status
updated saying -Transferred and now pending @ Texas service center
(got a notice). So, I applied EAD on June 4th 2009 based on this New Status.
But "When I was on my 7th year of H-1B (valid upto Apr 2009)" jumped (transfered my H1B) to Company B.
Company B: Before I join this company B. They already applied my Labor (GC)
and got approved on June 24, 2008. Then applied H1 Transfer and got approved (valid upto July 13th 2009) and joined this company. Once I joined this company they applied my I-140 and got approved in Jan 2009. Based on this I applied for H1 extension for 3 years. But USCIS denied my H1 and H4 with "Denial Reason: I-485 is denied in June 2008. So, I am not eligible under 104(c) or 106 of AC21 act". Infact we asked extension based on Approved New I-140 of company B. But USCIS denied based on Old company A's I-485. It looks like a real error by USCIS.
Now Applied MTR(Appeal) on H1 and H4 deniad on Apr 17 2009 and waiting for response.
Looking into this.
My Humble request Please give your valuable suggestion. What would be my next step to be in legal status and continue my job. Iam in deep dialemma and verymuch depressed.
Please help me.
Thanks a Lot in Advance.
Thanks for this excellent community service. Which will help lot
of people like me who are stuck with the Immigration/USCIS Issues/Errors.
My Sincere thanks for responses to my earlier posting.
Company A: Labor approved in Dec 2006. Applied I-140 in June 2007
and got RFE regarding my Educational Transcripts Which was
responded in time and USCIS received on Dec 5, 2007. Then Got EAD
and AP approved. On Apr3 2008 I-140 Denied (I-140 was denied -
due to 3yr degree) then I-485 denied on June 26th 2008. So, First
applied MTR for I-140 which was denied on Feb,2009. Then applied
one more MTR (Appeal)for I-140 on March 13th, 2009 (check cashed
by USCIS... receipt copy not yet received).
Suddenly in the recent past month I see that, My I-485 status
updated saying -Transferred and now pending @ Texas service center
(got a notice). So, I applied EAD on June 4th 2009 based on this New Status.
But "When I was on my 7th year of H-1B (valid upto Apr 2009)" jumped (transfered my H1B) to Company B.
Company B: Before I join this company B. They already applied my Labor (GC)
and got approved on June 24, 2008. Then applied H1 Transfer and got approved (valid upto July 13th 2009) and joined this company. Once I joined this company they applied my I-140 and got approved in Jan 2009. Based on this I applied for H1 extension for 3 years. But USCIS denied my H1 and H4 with "Denial Reason: I-485 is denied in June 2008. So, I am not eligible under 104(c) or 106 of AC21 act". Infact we asked extension based on Approved New I-140 of company B. But USCIS denied based on Old company A's I-485. It looks like a real error by USCIS.
Now Applied MTR(Appeal) on H1 and H4 deniad on Apr 17 2009 and waiting for response.
Looking into this.
My Humble request Please give your valuable suggestion. What would be my next step to be in legal status and continue my job. Iam in deep dialemma and verymuch depressed.
Please help me.
Thanks a Lot in Advance.
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chanduv23
08-10 11:03 AM
Hello All
My employer paid me for my 485 application,he gave me his personal checks in the name of uscis, i applied with those checks, now i hear that
"The Address Printed On your checks Must Match the adress given in work sheets[in 485]"
I am confused,will they accept the application,checks are not cashed yet,applied on july18th
Please Help
R u sure? Mine don't match - where did u get this info?
My employer paid me for my 485 application,he gave me his personal checks in the name of uscis, i applied with those checks, now i hear that
"The Address Printed On your checks Must Match the adress given in work sheets[in 485]"
I am confused,will they accept the application,checks are not cashed yet,applied on july18th
Please Help
R u sure? Mine don't match - where did u get this info?
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Jitamitra
05-29 07:56 PM
Get a good attorney to solve this issue as practically speaking, you were out of status from period of 2006-2008 as your Company A's Approval overrided your university H1.
USCIS is expecting that you submitted Company A's Approval for transfer instead of University's H1B Approval
This is not a legal advise. Please get in touch with a immigration attorney.
USCIS is expecting that you submitted Company A's Approval for transfer instead of University's H1B Approval
This is not a legal advise. Please get in touch with a immigration attorney.
more...
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akhilmahajan
05-14 11:34 AM
RD:- March 8th, 2007
As of 05/14/2007:- Pending.
Labor Jan, 2007.
As of 05/14/2007:- Pending.
Labor Jan, 2007.
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vbkris77
04-13 09:03 PM
I don't think child's country works.. Most of the guys would have been
out by now including myself.. . But let us know.. I will fly to my lawyers office if it is true ..
out by now including myself.. . But let us know.. I will fly to my lawyers office if it is true ..
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h1techSlave
04-28 09:53 AM
60% of Americans support getting tough on illegals. Currently the US is the only country in the world, which puts the priorities of illegals above those of Citizens and legal people within its borders. Both Mexico and India (just to pick to countries) have very tough laws against visa over-stay, presence with out visa etc.
Nationally, 60% Favor Letting Local Police Stop and Verify Immigration Status - Rasmussen Reports� (http://www.rasmussenreports.com/public_content/politics/current_events/immigration/nationally_60_favor_letting_local_police_stop_and_ verify_immigration_status)
Nationally, 60% Favor Letting Local Police Stop and Verify Immigration Status - Rasmussen Reports� (http://www.rasmussenreports.com/public_content/politics/current_events/immigration/nationally_60_favor_letting_local_police_stop_and_ verify_immigration_status)
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greenerpastures
07-21 12:45 PM
MScapbust,
Lots of people have done H1-F1-H1 in the past and they are not counted against the quota. You can search for various attorney's (including Rajiv of immigration.com and Murthy of murthy.com) answers for ur specific question either in their websites or thru google. I did some research on this specific thing in the past and also had confirmed with immigraion HR in my company. So I am pretty much sure that you are not counted against the cap. You would need to apply before the visa (F1/opt period) expires so that you dont get to stay in US without any valid visa. so no hurry and dont worry about adv degree cap.
Lots of people have done H1-F1-H1 in the past and they are not counted against the quota. You can search for various attorney's (including Rajiv of immigration.com and Murthy of murthy.com) answers for ur specific question either in their websites or thru google. I did some research on this specific thing in the past and also had confirmed with immigraion HR in my company. So I am pretty much sure that you are not counted against the cap. You would need to apply before the visa (F1/opt period) expires so that you dont get to stay in US without any valid visa. so no hurry and dont worry about adv degree cap.
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nanneh
05-11 06:52 AM
FYI check out http://yourmaninindia.com site as well. They provide some good services like getting BC for you etc.
Thank you amslonewolf
Thank you amslonewolf
gcformeornot
12-31 01:23 PM
vote
continuedProgress
06-08 02:35 PM
My $50 (3626-8870-3772-9306) for this effort.
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