wandmaker
04-03 06:59 PM
Have had unfortunate turn of events and need your guidance.
I had a valid approved h1 petition and i-94 for 2005 through company A.
Company filed for extension of h1 in 2007 and received approved h1 and i-94 valid till 2010. Did not travel out of the country at that time.
Filed for AOS 485, EAD, AP in 2007. Traveled and entered US using AP in 2008.
USCIS did inquiry and has revoked 2005 h1 because of incorrect LCA filing by the company. They have also said that because of incorrect LCA filing, I am in violation of h1 status. Attorneys have advised that USCIS will retroactive hold me as 'out-of-status' but not unlawful present as I was working in good faith based on an approved petition and unexpired i-94s.
The 2007 h1 was also filed in similar fashion as the 2005 h1.
Although USCIS has not revoked current 2007-2010 h1, there is a possibility of that happening. The 485 might be denied in that case.
The only option is to get on h4 by applying from consulate in India.
Since I will be now answering yes to question 38 (have you violated terms of US visa, or unlawful present..?) I have also shown as intent to immigrate based on my 485 filing.
I want to know my chances of getting an h4 approved.
You need to add more clarity to bold words... For instance, if your work location in LCA was New York and you worked in San Francisco - Man you are in trouble..... Please post what was incorrect on the LCA and also fill in the profile, if you want the folks to consider responding to your query. My 2 cents.
I had a valid approved h1 petition and i-94 for 2005 through company A.
Company filed for extension of h1 in 2007 and received approved h1 and i-94 valid till 2010. Did not travel out of the country at that time.
Filed for AOS 485, EAD, AP in 2007. Traveled and entered US using AP in 2008.
USCIS did inquiry and has revoked 2005 h1 because of incorrect LCA filing by the company. They have also said that because of incorrect LCA filing, I am in violation of h1 status. Attorneys have advised that USCIS will retroactive hold me as 'out-of-status' but not unlawful present as I was working in good faith based on an approved petition and unexpired i-94s.
The 2007 h1 was also filed in similar fashion as the 2005 h1.
Although USCIS has not revoked current 2007-2010 h1, there is a possibility of that happening. The 485 might be denied in that case.
The only option is to get on h4 by applying from consulate in India.
Since I will be now answering yes to question 38 (have you violated terms of US visa, or unlawful present..?) I have also shown as intent to immigrate based on my 485 filing.
I want to know my chances of getting an h4 approved.
You need to add more clarity to bold words... For instance, if your work location in LCA was New York and you worked in San Francisco - Man you are in trouble..... Please post what was incorrect on the LCA and also fill in the profile, if you want the folks to consider responding to your query. My 2 cents.
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Lisap
08-03 12:16 PM
Well atleast we arent alone I guess
Bhaskar_80
06-10 02:42 PM
Once again Thanks Mr. Glutin,
So it means, when I apply for H1B Transfer this time, I will get an H1B Visa valid till May 2012 right? Please let me know whether my assumption is right.
Also am I eligible to process my i140 through Premium Processing?
Thanks and Regards,
So it means, when I apply for H1B Transfer this time, I will get an H1B Visa valid till May 2012 right? Please let me know whether my assumption is right.
Also am I eligible to process my i140 through Premium Processing?
Thanks and Regards,
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anilsal
12-20 12:15 PM
Take a copy of your I140 approval atleast. It is just a sheet of paper when you go for stamping. Sometimes your lawyer can give you a copy of I140 filed papers. This will have information on your company's financials etc.
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lostinbeta
09-04 03:36 PM
Glad I could help:)
amsgc
03-31 03:05 PM
Thank you for sharing your experience.
I am at a loss here, I wish I could tell you what to do. But, I would certainly go back and look at the 1040 instructions for 2004. Rules keep changing, and maybe what you did was the right thing to do.
Perhaps there are others who can throw some light here.
Ams
Hmm....I got married in Nov 2004 and my wife came in to US Dec 2004. and when filing 2004 taxes I didnt think about my wife being NR for tax purposes. I went thru a CPA and I believe she filed 1040 married filing jointly !!
Didnt have any questions or issues so far. Should I bother....file an amendment....or just ignore until in case IRS has an issue?
I am at a loss here, I wish I could tell you what to do. But, I would certainly go back and look at the 1040 instructions for 2004. Rules keep changing, and maybe what you did was the right thing to do.
Perhaps there are others who can throw some light here.
Ams
Hmm....I got married in Nov 2004 and my wife came in to US Dec 2004. and when filing 2004 taxes I didnt think about my wife being NR for tax purposes. I went thru a CPA and I believe she filed 1040 married filing jointly !!
Didnt have any questions or issues so far. Should I bother....file an amendment....or just ignore until in case IRS has an issue?
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fastergcwanted
07-18 09:48 AM
Mr.Oh's opinion is flawed on many counts but most of all assuming what he says is correct, this delay will be/would have been the same either way. i.e the 750000 applicants will apply all at once or at regular intervals. The bright side is that spouses will get their EADs.
Mr.Oh also assumes that USCIS processing procedure and speed will not change.
It sounds like fluff reporting that popular media does. All fluff, no value.:D
Well..there would not have been 750,000 applications to start with if the dates were moved in line with visa numbers..slowly but surely. This would have meant USCIS resources in line with the incoming applications.
I hardly doubt after this forced backturn by USCIS..they would be even considering making it any faster......
I just feel there is no fair discussion on this topic because
1) Lawyer derive their money out of new filers (mostly 2006 and 2007)
2) Institutions like IV and others get their funding from new filers (as they are in majority)
Remember same thing happened when no one was fighting for the plight of people stuck in BPC...but they all cried about retrogression......
Are these lawyers even considering that there are serveral application still pending at BPCs....and they will be behind all this unfairly filed PERM applications ahead of them...
Grossly unfair...one would say
Mr.Oh also assumes that USCIS processing procedure and speed will not change.
It sounds like fluff reporting that popular media does. All fluff, no value.:D
Well..there would not have been 750,000 applications to start with if the dates were moved in line with visa numbers..slowly but surely. This would have meant USCIS resources in line with the incoming applications.
I hardly doubt after this forced backturn by USCIS..they would be even considering making it any faster......
I just feel there is no fair discussion on this topic because
1) Lawyer derive their money out of new filers (mostly 2006 and 2007)
2) Institutions like IV and others get their funding from new filers (as they are in majority)
Remember same thing happened when no one was fighting for the plight of people stuck in BPC...but they all cried about retrogression......
Are these lawyers even considering that there are serveral application still pending at BPCs....and they will be behind all this unfairly filed PERM applications ahead of them...
Grossly unfair...one would say
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GCBy3000
07-23 10:40 PM
If someone got green card here and got married to Indian citizen, I am not sure how to ask this particular question. She must have seen that guy some how, if so when and where? If that guy had come to US, then he could come again in whichever visa he came in. Also where did they get married? There are options, but certain questions needs to be answered.
This is for my friend who received Greencard in 2006. She just got married in June 2007 to an Indian citizen.
What are the options for her to bring her spouse to US ?
The spouse has an MBA.
I know H1 is not an option as they have to wait atleast till October 2008.
What are the other quick options?
This is for my friend who received Greencard in 2006. She just got married in June 2007 to an Indian citizen.
What are the options for her to bring her spouse to US ?
The spouse has an MBA.
I know H1 is not an option as they have to wait atleast till October 2008.
What are the other quick options?
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jatinr
08-17 10:12 PM
And you will there with your friend...//wink.. correct.
USCIS will accept any applicaiton filed at a wrong service center uptil Aug 29th. If an applicant has not filed a form as per the direct filing instructions that became effective July 30th, still USCIS will accept any application filed at wrong locaiton as per their press release for direct filing that came sometime in June.
USCIS will accept any applicaiton filed at a wrong service center uptil Aug 29th. If an applicant has not filed a form as per the direct filing instructions that became effective July 30th, still USCIS will accept any application filed at wrong locaiton as per their press release for direct filing that came sometime in June.
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beautifulMind
06-16 10:10 AM
Are you sure of this..This is very important for my wife. Her F1-OPT begins in October and I feel that the I-485 EAD may not come till then. She also has a job offer to start in october so we are thinking that it should be ok to start working on F1 OPT till we get our 485-EAD and eventually shift
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go_guy123
01-27 03:09 PM
I am an optimist. A hopeful person. I like to and want to see the positive side of things. However, the current political climate and economic state of the nation makes me skeptical.
Much has been said and (not) done so far about immigration reform. The murphy's law half of my brain is starting to get queasy. I've been in this mess for 6 years now and dread the doomsday scenario that immigration reform doesn't go through this year. If it does not, I think we're all completely effed up for the next 3-4 years, at least until after the next elections. I hope to be wrong on this, by a long shot.
My question to some of you is - what will you do if skilled reform doesn't happen this year?
My career has been stagnating, rotting away almost. I've been working on a startup idea in my spare time for a while now. Of course, these sort of ventures need time and full-time effort to take-off. I have often entertained the thought of leaving my job, returning back to India, or finding some way, by hook or crook, of doing my own thing, and reviving my career. Having lived here, first as a grad student, and now as a wage slave, for the past 9 years, returning is not an easy option. If reform does not happen, I don't see anything but darkness for a pretty long time.
What will you do?
Aaah...you seem desparate. Are you single? If so did you explore marrying USC ?
Much has been said and (not) done so far about immigration reform. The murphy's law half of my brain is starting to get queasy. I've been in this mess for 6 years now and dread the doomsday scenario that immigration reform doesn't go through this year. If it does not, I think we're all completely effed up for the next 3-4 years, at least until after the next elections. I hope to be wrong on this, by a long shot.
My question to some of you is - what will you do if skilled reform doesn't happen this year?
My career has been stagnating, rotting away almost. I've been working on a startup idea in my spare time for a while now. Of course, these sort of ventures need time and full-time effort to take-off. I have often entertained the thought of leaving my job, returning back to India, or finding some way, by hook or crook, of doing my own thing, and reviving my career. Having lived here, first as a grad student, and now as a wage slave, for the past 9 years, returning is not an easy option. If reform does not happen, I don't see anything but darkness for a pretty long time.
What will you do?
Aaah...you seem desparate. Are you single? If so did you explore marrying USC ?
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pan123
08-31 10:10 AM
Based on my reading, I interpret that it's not final. They have engaged USCIS in that conversation, but no final rule has been released. By the time rule is released, probably I will have my EAD.
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heathere3
04-17 03:13 PM
It's alright abt the red dot. Is there a way I can find out who gave it to me? Just curious!
Thanks guyz for helping out!
Doesn't matter now, I fixed it! :D
I thought your post was completely logical and I'm interested in knowing if there's a way to draw the USCIS's attention to these bad employers!
Thanks guyz for helping out!
Doesn't matter now, I fixed it! :D
I thought your post was completely logical and I'm interested in knowing if there's a way to draw the USCIS's attention to these bad employers!
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ebizash
02-10 05:58 PM
I think your attorney is right... Was your 140 approved in September.. meaning.. is Sept 19 close to your approval date? if that is the case I wouldn't worry. But if your approval was much earlier than Sept then it could be something to clarify from USCIS.
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GCard_Dream
06-18 06:32 PM
I agree. It is in best interest of all EB immigrants to stick together. That's all I wanted to say.
Letus focus on, What is in CIR for legal immigration ?
Letus focus on, What is in CIR for legal immigration ?
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inskrish
08-03 12:27 PM
I am freaking out thinking that my application fell behind a desk somewhere....
That seems better than my case. I had a dream in which the mail room clerk used my application to put his donuts and coffee.:)
Regards,
IK
That seems better than my case. I had a dream in which the mail room clerk used my application to put his donuts and coffee.:)
Regards,
IK
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dpp
07-11 11:06 AM
I485 premium would be way too complicated, unless it takes longer than 14 days. The agency is suppose to do much more checks before granting legal residency, so it may be difficult for them to process i485s in 14 days. Jusy my thoughts.
Why not? USCIS already approved 60K 485 applications in 2 weeks time. How come they cannot do the same with some extra money (i.e. premium processing). They can do anything if want to do.
Why not? USCIS already approved 60K 485 applications in 2 weeks time. How come they cannot do the same with some extra money (i.e. premium processing). They can do anything if want to do.
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purgan
03-05 11:01 AM
Oppose the Fee Increase!!
The proposed fee increases by the U.S. Citizenship and Immigration Services (USCIS) are beyond excessive-they're exorbitant. For example, the current fee to apply for permanent residency is $325; USCIS proposes to raise this fee to $905 (a 178 percent increase). The fee for naturalization ("citizenship") applications would increase from $330 to $595 (an 80 percent increase).
Please take action today by contacting USCIS and letting them know that the proposed increases are exorbitant and unfair. Encourage USCIS to work with Congressional leaders to identify an alternative and permanent funding stream that supports USCIS operations.
View the AFSC website for more information; http://www.afsc.org/immigrants-rights/news/fee-increase2007.htm
The proposed fee increases by the U.S. Citizenship and Immigration Services (USCIS) are beyond excessive-they're exorbitant. For example, the current fee to apply for permanent residency is $325; USCIS proposes to raise this fee to $905 (a 178 percent increase). The fee for naturalization ("citizenship") applications would increase from $330 to $595 (an 80 percent increase).
Please take action today by contacting USCIS and letting them know that the proposed increases are exorbitant and unfair. Encourage USCIS to work with Congressional leaders to identify an alternative and permanent funding stream that supports USCIS operations.
View the AFSC website for more information; http://www.afsc.org/immigrants-rights/news/fee-increase2007.htm
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arunmohan
11-16 12:35 PM
bump
k_sing
09-19 01:00 AM
Unfortunately Bitu72 did not have answer to my specific question, so the question is still Open.
Any appropriate response is much appreciated !
Any appropriate response is much appreciated !
amitjoey
05-31 12:19 PM
Recently joined.
Contributed $200.
Thanks Jitamitra
Contributed $200.
Thanks Jitamitra
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