Edison99
03-25 03:11 PM
Congrats the_jaguar and enjoy!
Folks,
I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:
1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
2] After I quite company A, they withdrew my I-140 application.
3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).
I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.
Folks,
I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:
1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
2] After I quite company A, they withdrew my I-140 application.
3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).
I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.
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Hinglish
03-03 11:24 AM
AGI = American Greencard for Indians
ramaonline
09-25 06:09 PM
if u stay outside the US for 366 days, the h1 clock is reset - then u can re-enter in h1 status for a new 6 year term - u must have an approved h1b petition, the new petition is subject to cap. (which gets exhausted really soon) -
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bklog_sufferer
12-05 08:45 PM
can anyone answer this please??
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Aah_GC
06-17 03:52 PM
What my Attorney (Prashanti Reddy - who does free sessions on IV) said
This is exactly right, if your I140 is revoked, you might as well get a NOID. So, make sure you keep all your GC-sponsored employer's releiving letter, paystubs for the post 180 days of I485 application. That is the only proof that you were employed legally with the GC-sponsoring employer for that 180 day period.
On the AC21 - technically even if you are unemployed and yet have a similar / same job waiting for you, you should still end up getting your GC. I would strongly recommend to make the best use of AC21 and progress in your career.
This is exactly right, if your I140 is revoked, you might as well get a NOID. So, make sure you keep all your GC-sponsored employer's releiving letter, paystubs for the post 180 days of I485 application. That is the only proof that you were employed legally with the GC-sponsoring employer for that 180 day period.
On the AC21 - technically even if you are unemployed and yet have a similar / same job waiting for you, you should still end up getting your GC. I would strongly recommend to make the best use of AC21 and progress in your career.
siva008
02-24 12:38 PM
I have a Master's program in US and had 3 years previous work ex. Filed my H1B transfer on Sep, which was recently converted to premium processing. Got the RFE as listed below:
If it is your contention that the beneficialry is qualified to perform services in the specialty occupation yu have described through a combination of education, specialised training and/or work experience in areas related to the specialty . you must submit an evaluation from an official who has the authority to grant college-level credit for training and/or experience in the speciality at an accredited college or univeristy, which has a program for granting such credit based on an individual's training and/or work experience.
With the evaluation, the official must include a letter from the dean or provost of the official's affiliated education instutions, stating that the evaluating offical has the authoriity to grant college-level credit for training and/or experience. The dean or provost must also state in the letter whether the affiliated educational instutiion has a program for granting credit based on a indicidual's training and/or work experience, If the evealuator bases the evaluation partly or completely on the beneficiary's work experience. the evaluation must vlearly demonstate that:
) The beneficiary''s training and/or work experience included the theoretical and practical application of specialized knowledge required by the specialty;
2) The claimed experience was gained while working with peers, supervisors, and/or subordinates who have a degree or equivalent in the specialty
3) The beneficiary has recognition of expertise in the specialty evidenced by at least one type of documentation
A) Recognition of expertise in the specialty occupation by at least two recognized authorities in the same specialty occupation;
B) Membership in a recognized foreign or United States association or society in the specialty
occupation;
C) Published material by or about the alien in professional publications, trade journals, or major newspapers;
D) licensure or registration to practice the specialty occupation in a foreign country; or Achievements
if any one has similar problem please share
Thanks
If it is your contention that the beneficialry is qualified to perform services in the specialty occupation yu have described through a combination of education, specialised training and/or work experience in areas related to the specialty . you must submit an evaluation from an official who has the authority to grant college-level credit for training and/or experience in the speciality at an accredited college or univeristy, which has a program for granting such credit based on an individual's training and/or work experience.
With the evaluation, the official must include a letter from the dean or provost of the official's affiliated education instutions, stating that the evaluating offical has the authoriity to grant college-level credit for training and/or experience. The dean or provost must also state in the letter whether the affiliated educational instutiion has a program for granting credit based on a indicidual's training and/or work experience, If the evealuator bases the evaluation partly or completely on the beneficiary's work experience. the evaluation must vlearly demonstate that:
) The beneficiary''s training and/or work experience included the theoretical and practical application of specialized knowledge required by the specialty;
2) The claimed experience was gained while working with peers, supervisors, and/or subordinates who have a degree or equivalent in the specialty
3) The beneficiary has recognition of expertise in the specialty evidenced by at least one type of documentation
A) Recognition of expertise in the specialty occupation by at least two recognized authorities in the same specialty occupation;
B) Membership in a recognized foreign or United States association or society in the specialty
occupation;
C) Published material by or about the alien in professional publications, trade journals, or major newspapers;
D) licensure or registration to practice the specialty occupation in a foreign country; or Achievements
if any one has similar problem please share
Thanks
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El_Guapo
01-14 04:07 PM
Text "HAITI" to 90999 from your cellphone. This will automatically donate $10 to the Red Cross International Relief Fund. It will be charged to your cellphone bill next month. I've done this already.
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VMH_GC
07-17 04:02 PM
Let us start sending Thank you flowers to IV core memebers such as Logic life, pappu ( i know only these two people) Please add to the list if you know anybody belong to Core team.
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NKR
06-02 10:24 AM
Kaiser.
thx for replying . but I do not want both Visa on Oct1.
My L1 ends sometime in mid September.
My H1 would be effective only from Oct 1.
So, during this time I will be out of status right ?
So if I do my L1 Extension, I might solve the problem.
But Will doing that affect the approved H1 ?
Pls. help. thanks.
It does seem that you will be out of status in the interim period. Can you go to your country on a vacation, come back on H1 and start your new job afresh?. If you can then I suggest you do that, if not I suggest you consult an attorney.
thx for replying . but I do not want both Visa on Oct1.
My L1 ends sometime in mid September.
My H1 would be effective only from Oct 1.
So, during this time I will be out of status right ?
So if I do my L1 Extension, I might solve the problem.
But Will doing that affect the approved H1 ?
Pls. help. thanks.
It does seem that you will be out of status in the interim period. Can you go to your country on a vacation, come back on H1 and start your new job afresh?. If you can then I suggest you do that, if not I suggest you consult an attorney.
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gkdgopi
08-14 07:37 PM
485 RD: July 2 2007
485 ND: July 27 2007
FP1: Aug 28 2007 - mailed received on 08/13/2007
485 Filed in Nebraska and FP notice received from Nebraska.
485 ND: July 27 2007
FP1: Aug 28 2007 - mailed received on 08/13/2007
485 Filed in Nebraska and FP notice received from Nebraska.
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nousername
06-01 01:50 PM
Pay stub is secondary .. In the given market getting an offer letter should be your priority. Once you have an offer letter (job) you can apply for your H1 transfer. Worst case USCIS will ask you to go back to your home country and re-enter with a fresh I-94 BUT all this will only happen is you have a new offer.
You said you are here with your family. I do not know your financial condition but it all depends upon how long you can sustain without a job and what risk level you can take with your family. BTW, you have been out of status for 4 months.. so do whatever you want but quickly.
Thanks once again for your reply.
I want to make myself a little clear. Actually, the company thru which I applied my H1B transfer, withdrew my case recently when some query came. I did apply for premium processing paying more. Now the situation is I am still hunting job but as you know it is hard to get one these days. Nothing has been finalised as yet and I am having paystub till Jan. 2009. The company for which I worked won't like to give any letter for unpaid leave. Your case do give me some hope, but I am worried :
- no new company would like to process my case owing to my 3-4 months back paystub . Is it going to happen like this ? I am here with my family, and in that case I am confused whether I should stick to this place or leave.
Thanks again for your time and advise.
You said you are here with your family. I do not know your financial condition but it all depends upon how long you can sustain without a job and what risk level you can take with your family. BTW, you have been out of status for 4 months.. so do whatever you want but quickly.
Thanks once again for your reply.
I want to make myself a little clear. Actually, the company thru which I applied my H1B transfer, withdrew my case recently when some query came. I did apply for premium processing paying more. Now the situation is I am still hunting job but as you know it is hard to get one these days. Nothing has been finalised as yet and I am having paystub till Jan. 2009. The company for which I worked won't like to give any letter for unpaid leave. Your case do give me some hope, but I am worried :
- no new company would like to process my case owing to my 3-4 months back paystub . Is it going to happen like this ? I am here with my family, and in that case I am confused whether I should stick to this place or leave.
Thanks again for your time and advise.
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eb3retro
08-08 07:33 PM
^^^^^
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silibili
05-03 11:20 AM
I and a bunch of friends want to join the state chapter for Alabama, but I could not find the details. I also searched in the State chapter page:
ImmigrationVoice.org - Immigration Voice State Chapters (http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52)
Could someone provide the details?
Thank you
ImmigrationVoice.org - Immigration Voice State Chapters (http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52)
Could someone provide the details?
Thank you
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vwu3
06-17 11:54 AM
I am an international student on an F1 student visa. Am I allowed to sell iPhone apps on the Apple app store (the US one)?
Thanks.
Thanks.
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ashshef
09-11 05:49 PM
There seems to be two waiting with PD 2003??? who are these people and what is their issue?? please let us know what your problem is? People with PD early 2005 are being aproved and you are still waiting? does not make any sense. You need to do something.
It's possible they are porting cases, and if the port was recent, it might take a little more time to process. Would be nice to hear from them...they might be the same folks who have posted on the other thread.
I think a lot of people who port don't wanna write as it causes some folks on these forums to start cursing.
It's possible they are porting cases, and if the port was recent, it might take a little more time to process. Would be nice to hear from them...they might be the same folks who have posted on the other thread.
I think a lot of people who port don't wanna write as it causes some folks on these forums to start cursing.
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gondalguru
07-05 01:25 AM
Actually it would have been greater mess if they would have allowed to file 500 to 700k persons if that number is correct. Mainly those who are missing the bus due to marriage and other reasons would have suffered a lot. PD date movement
should be as accurate as possible or gc number should be increased. Or if they allow to file everyone then processing of application should be based on PD.
I disagree. Who ever is able to file AOS gets associated benefits of EAD/AP/AC21 etc and it never hurts to have these benefits available.
I agree with your last suggestion. I-485 processing should be according to PD.
should be as accurate as possible or gc number should be increased. Or if they allow to file everyone then processing of application should be based on PD.
I disagree. Who ever is able to file AOS gets associated benefits of EAD/AP/AC21 etc and it never hurts to have these benefits available.
I agree with your last suggestion. I-485 processing should be according to PD.
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hoolahoous
04-17 01:19 PM
when I travelled aboard last two times, I went to Citizen's line (my daughter is citizen and I am on H1b) and IO didn't have any issue at all.
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smiledentist
10-26 11:33 AM
keeping this question alive, please advice
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Gravitation
12-17 11:38 AM
2 years - 10 years.
Not very precise... but that's as much as anybody knows.
Not very precise... but that's as much as anybody knows.
mhb
07-04 10:12 PM
When i changed from F-1 to H-1B, my employer filed my I-129 as if i had a Masters, then i changed employers , my second employer filed my I-129 under my Bachelors only. There was also a gap of my H-1 Activation and F-1.
For the semester starting august i did not pay the fee, since my H-1 was approved an H-1 was Active from October.
i think my approval will depend on my Visa officer nad i will try my luck in dec and i am planning to go to canada for my stamping and in any case i get it or not get it i will fly to india from canada.
i will also talk to a lawyer before leaving to stamping regarding what will happen if cant come back to US in 4 months, regaring what happens to my credit and loans if my stamping gets rejected.
try to get the h1b from canada ottawa and take an immigration attorney with you to the consulate to stand with you during the interview.
For the semester starting august i did not pay the fee, since my H-1 was approved an H-1 was Active from October.
i think my approval will depend on my Visa officer nad i will try my luck in dec and i am planning to go to canada for my stamping and in any case i get it or not get it i will fly to india from canada.
i will also talk to a lawyer before leaving to stamping regarding what will happen if cant come back to US in 4 months, regaring what happens to my credit and loans if my stamping gets rejected.
try to get the h1b from canada ottawa and take an immigration attorney with you to the consulate to stand with you during the interview.
indyanguy
01-16 11:12 AM
Thanks.
What is the difference between an affidavit and a letter? Affidavit is one that is not on a letter head and a letter is the one on a letter head or it depends on who is writing the letter?
Does 1 each serve the purpose?
With the initial packet, I had sent
1 letter from Company A (By the director on letterhead)
2 letters from Company B (1 from colleague on letterhead and 1 from HR on letterhead)
What is the difference between an affidavit and a letter? Affidavit is one that is not on a letter head and a letter is the one on a letter head or it depends on who is writing the letter?
Does 1 each serve the purpose?
With the initial packet, I had sent
1 letter from Company A (By the director on letterhead)
2 letters from Company B (1 from colleague on letterhead and 1 from HR on letterhead)
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