LondonTown
05-23 12:21 PM
Only one application is needed.
I was in the same situation several years ago and I personally filed ONLY ONE I-129 requesting 'recapture the time' and 'extension of stay' for 7th year.
Your LCA's and I-129s end date should be the date after one year plus days to recapture.
Since USCIS has returned your one year application, you may want to check the end date of the application that USCIS has kept for processing. If the end date is not greater or equal to at least 1 year then there is an issue.
Mr Aggarwal, you might remember you gave me suggestion of going out of US for few days and then my employer can apply 2 I-129 applications simultanously.
Here was my case : I am on H-1B status since May 2005 and my 6 years expired on 12th May 2011. My employer applied for LC on 15th May 2010 which is still pending ( under audit ). In order for us to seek 7th year extension, I went out of US for 4 days and came back bcz I have to be in status on the day my labor was going to be 365 days pending. My employer filed two I-129 applications, ( both applications under normal processing) one for seeing 4 days to recoup, and 2nd application for 7th year extension But USCIS sent 2nd application back alongwith fee and gave us only 1 file number. Why is that?
Is it because they can accept only 1 application at a time( for 4 days extension) and wont entertain 2nd application unless 1st has been decided?
Or .. Are they going to do processing for whole 1 year and 4 months in same application and returned the extra fee of 2nd application?
I am confused now, because what if they are processing only 1st application and give me just 4 day extension after 2 months. Also, shall my employer be able to file 2nd application after 2 months when I am out of status ?
Please help .
I was in the same situation several years ago and I personally filed ONLY ONE I-129 requesting 'recapture the time' and 'extension of stay' for 7th year.
Your LCA's and I-129s end date should be the date after one year plus days to recapture.
Since USCIS has returned your one year application, you may want to check the end date of the application that USCIS has kept for processing. If the end date is not greater or equal to at least 1 year then there is an issue.
Mr Aggarwal, you might remember you gave me suggestion of going out of US for few days and then my employer can apply 2 I-129 applications simultanously.
Here was my case : I am on H-1B status since May 2005 and my 6 years expired on 12th May 2011. My employer applied for LC on 15th May 2010 which is still pending ( under audit ). In order for us to seek 7th year extension, I went out of US for 4 days and came back bcz I have to be in status on the day my labor was going to be 365 days pending. My employer filed two I-129 applications, ( both applications under normal processing) one for seeing 4 days to recoup, and 2nd application for 7th year extension But USCIS sent 2nd application back alongwith fee and gave us only 1 file number. Why is that?
Is it because they can accept only 1 application at a time( for 4 days extension) and wont entertain 2nd application unless 1st has been decided?
Or .. Are they going to do processing for whole 1 year and 4 months in same application and returned the extra fee of 2nd application?
I am confused now, because what if they are processing only 1st application and give me just 4 day extension after 2 months. Also, shall my employer be able to file 2nd application after 2 months when I am out of status ?
Please help .
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webm
12-15 04:35 PM
I had filed for my 485 during the July 2007 time frame .
PD - July 2006.
I got my FP notice and got the FP notice stamped in FEB 2008
The stamp reads
Biometrics Processing Stamp
ASC Side Code: __________XTESANJOSE
Biometrics QA Review by ________ (officer's signature)
Tenprints QA Reivew (officer's signature)
Does this mean that I have security clearance ?
Basically, what does the stamping mean ?
Thanks in Advance !!
When did your last FP was done?? is that in Feb'08??
PD - July 2006.
I got my FP notice and got the FP notice stamped in FEB 2008
The stamp reads
Biometrics Processing Stamp
ASC Side Code: __________XTESANJOSE
Biometrics QA Review by ________ (officer's signature)
Tenprints QA Reivew (officer's signature)
Does this mean that I have security clearance ?
Basically, what does the stamping mean ?
Thanks in Advance !!
When did your last FP was done?? is that in Feb'08??
pappu
04-30 11:32 AM
Please be careful what you post on the forums.
Immigrationvoice strongly opposes anything that violates the laws of the country. I deleted one of the posts on this thread. Our forums are visited by all kinds of people. We even had lawmaker offices and reporters viewing our website. Senior members are requested to be vigilant and report any post that harms the interest of the organization and community. Senior members should also immediately respond to any such posts so that the discussion is not continued further. Thanks.
Immigrationvoice strongly opposes anything that violates the laws of the country. I deleted one of the posts on this thread. Our forums are visited by all kinds of people. We even had lawmaker offices and reporters viewing our website. Senior members are requested to be vigilant and report any post that harms the interest of the organization and community. Senior members should also immediately respond to any such posts so that the discussion is not continued further. Thanks.
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Enebreus
02-09 03:31 PM
Ooooh my bad. Sorry about that. It's kind of like joking about bombs in an airport lol. Its kind of an edgy subject. Anyways, congrats!
It's all good.
That's the problem with sarcasm on the Internet. You can never be sure that it reads the way it was intended. No matter how many emoticons you throw in :)
Congrats to you too. You had a hell of a lot of good entries. I really, really liked your lava flow.
It's all good.
That's the problem with sarcasm on the Internet. You can never be sure that it reads the way it was intended. No matter how many emoticons you throw in :)
Congrats to you too. You had a hell of a lot of good entries. I really, really liked your lava flow.
more...
mariner5555
05-25 05:23 PM
i am wondering do you have LUd for i-485 or i-131 or i-140 ?
it was for my EAD application (I already completed the finger printing ..it took 2 minutes but I had to drive a total of 50 miles ..waste of time and gas ..my last finger printing was 4 months ago ..I get the feeling that they send us for FP just to keep the folks at the FP office busy on a saturday !!) ..I saw the date change twice ..but no new message (last wed and friday) ..maybe they did not want to work before the long weekend.
it was for my EAD application (I already completed the finger printing ..it took 2 minutes but I had to drive a total of 50 miles ..waste of time and gas ..my last finger printing was 4 months ago ..I get the feeling that they send us for FP just to keep the folks at the FP office busy on a saturday !!) ..I saw the date change twice ..but no new message (last wed and friday) ..maybe they did not want to work before the long weekend.
indyanguy
01-30 01:03 PM
My EB2 labor was filled (different company) as Software Engineer (Level III)
When you say Level III, are you referring the to the Wage level? My EB3 was under 15-1031.00. Now with the same company, If I have to do EB2, can it be in the same category? The only other relevant category I see is:
15-1032.00 - Computer Software Engineers, Systems Software
Also, my understanding is that when you do the prevailing wage determination, the MS+1 will be lesser than MS+1 or BS+5, but both of them qualify for EB2. Thoughts anyone?
When you say Level III, are you referring the to the Wage level? My EB3 was under 15-1031.00. Now with the same company, If I have to do EB2, can it be in the same category? The only other relevant category I see is:
15-1032.00 - Computer Software Engineers, Systems Software
Also, my understanding is that when you do the prevailing wage determination, the MS+1 will be lesser than MS+1 or BS+5, but both of them qualify for EB2. Thoughts anyone?
more...
rsrikant
11-02 12:34 PM
See signature for details:
can you let us know why u'r 140 denied? may be it can be useful for some of us how to open motion for appeal..
thanks,
srikanth
can you let us know why u'r 140 denied? may be it can be useful for some of us how to open motion for appeal..
thanks,
srikanth
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Leo07
10-23 03:00 PM
It's mandatory to file AR11. best part is, it takes less than 2 min to file it online.
Here is the Link to do it online:
https://egov.uscis.gov/crisgwi/go?action=coa
1. For the A# in the form, Should I leave it blank?
I left it blank, as I do not have a A# I'm on H1-B. Read the FAQ here:
http://www.nriol.com/immigration/usa-immigration-faq.asp
2. I wrote down the address where I go to "Work" everyday.
3. One more thing that you'll need to know: On the Next screen where you click the "Update", You will be presented with:"Yes, I have a pending application with USCIS and "No, I do not have a pending application.
Here I selected : "No", Since my H1B and 140 are already approved and I did not file for AOS, yet. So, in that sense, I do not have a pending application with USCIS. if you've filed for AOS, then obviously you;d select "Yes".( Sorry, I don't know what happens, if you select "yes")
Hope this helps!
I came to US 10 years ago and moved three times. Never filed AR-11 or change of address with USCIS. Filed for 485 in 2007 July with the latest address.
Will the failure to file AR-11 have any adverse impact on my 485? Should I send in an AR-11 now for the last change of address even though it's late by 2 yrs? I'm very much confused.
If I file the AR-11 now. couple of questions.
1. For the A# in the form, Should I leave it blank?
2. For the section "I work for or attend school at : (Employer name or name of School)"
I will give the employer name. But in address do I give their address or the clients address where I work, My employer is in Texas whereas I'm at the client location in East coast.
Please help...Thank you in advance.
Here is the Link to do it online:
https://egov.uscis.gov/crisgwi/go?action=coa
1. For the A# in the form, Should I leave it blank?
I left it blank, as I do not have a A# I'm on H1-B. Read the FAQ here:
http://www.nriol.com/immigration/usa-immigration-faq.asp
2. I wrote down the address where I go to "Work" everyday.
3. One more thing that you'll need to know: On the Next screen where you click the "Update", You will be presented with:"Yes, I have a pending application with USCIS and "No, I do not have a pending application.
Here I selected : "No", Since my H1B and 140 are already approved and I did not file for AOS, yet. So, in that sense, I do not have a pending application with USCIS. if you've filed for AOS, then obviously you;d select "Yes".( Sorry, I don't know what happens, if you select "yes")
Hope this helps!
I came to US 10 years ago and moved three times. Never filed AR-11 or change of address with USCIS. Filed for 485 in 2007 July with the latest address.
Will the failure to file AR-11 have any adverse impact on my 485? Should I send in an AR-11 now for the last change of address even though it's late by 2 yrs? I'm very much confused.
If I file the AR-11 now. couple of questions.
1. For the A# in the form, Should I leave it blank?
2. For the section "I work for or attend school at : (Employer name or name of School)"
I will give the employer name. But in address do I give their address or the clients address where I work, My employer is in Texas whereas I'm at the client location in East coast.
Please help...Thank you in advance.
more...
mbartosik
03-12 03:33 PM
I am in ROW, EB2 if they processed the interfiling, EB3 if not, with a PD of Dec 2002, and receipt date of 5 May 2007.
My application was filed with Nebraska Service center, they moved to Texas (with SRC* receipt number), they moved back to Nebraska in October 2007.
Even on EB3 my PD is now current.
When they passed 60 days late according to processing times I raised a service request. They claim that they have 45 days to respond. Their 45 days will be up on Thursday, and I still have no response.
So here is my plan...
On Thursday call again. Raise another service request?
Make an Info pass appointment ? - not sure IO could tell me more in person than over phone.
On Thursday go see Congressman's office.
Come May 2008 (one year since filing I485) if there is still no suitable reply to service request file WOM. Their lack of response to service request should annoy the judge hopefully.
When I last spoke with an IO she thought that the notice date on the transfer notice was the processing date to use (Oct 2007) not the receipt date on it (May 2007). I believe she is plain wrong, and she was silent when I asserted that I believed she was wrong, and that's why the original receipt date is kept on the transfer notice. If someone has a link to the USCIS rule on this it would be helpful.
Any comments please?
My application was filed with Nebraska Service center, they moved to Texas (with SRC* receipt number), they moved back to Nebraska in October 2007.
Even on EB3 my PD is now current.
When they passed 60 days late according to processing times I raised a service request. They claim that they have 45 days to respond. Their 45 days will be up on Thursday, and I still have no response.
So here is my plan...
On Thursday call again. Raise another service request?
Make an Info pass appointment ? - not sure IO could tell me more in person than over phone.
On Thursday go see Congressman's office.
Come May 2008 (one year since filing I485) if there is still no suitable reply to service request file WOM. Their lack of response to service request should annoy the judge hopefully.
When I last spoke with an IO she thought that the notice date on the transfer notice was the processing date to use (Oct 2007) not the receipt date on it (May 2007). I believe she is plain wrong, and she was silent when I asserted that I believed she was wrong, and that's why the original receipt date is kept on the transfer notice. If someone has a link to the USCIS rule on this it would be helpful.
Any comments please?
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pappu
10-26 02:05 PM
Please check the following threads-- http://immigrationvoice.org/forum/forum106-non-immigrant-visa/25402-h1-and-h4-stamping-india-travel.html
http://immigrationvoice.org/forum/forum6-non-immigrant-visas/22726-air-india-and-direct-airside-transit-visa.html
Please also help everyone by adding useful information on this wiki page ---
http://immigrationvoice.org/wiki/index.php/Transit_visas_to_other_countries
http://immigrationvoice.org/forum/forum6-non-immigrant-visas/22726-air-india-and-direct-airside-transit-visa.html
Please also help everyone by adding useful information on this wiki page ---
http://immigrationvoice.org/wiki/index.php/Transit_visas_to_other_countries
more...
sudhakar226
10-10 04:34 PM
Hi Ps57002 good to see you here.
I saw you in . I was h12GC in .
My case also similar:
PERM Applied - 04/24/2007 - EB3.
Perm Approved - 08/14/2007.
I-140 E-filed - 08/16/2007. Got Online Receipt. Sent the required Documents to USCIS after a week.
I-485/EAD/AP - Posted on 08/16/2007. Included the Online Labor Approval Petition without signatures and Online receipt of I-140.
Received USCIS on 08/17/2007.
Waiting for Receipts.
Don't know whether it will be accepted or will get an RFE.
Hey keep me posted on your status.
I can be reached at sudhakar226@yahoo.com or 862-754-8326.
Good Luck.
I saw you in . I was h12GC in .
My case also similar:
PERM Applied - 04/24/2007 - EB3.
Perm Approved - 08/14/2007.
I-140 E-filed - 08/16/2007. Got Online Receipt. Sent the required Documents to USCIS after a week.
I-485/EAD/AP - Posted on 08/16/2007. Included the Online Labor Approval Petition without signatures and Online receipt of I-140.
Received USCIS on 08/17/2007.
Waiting for Receipts.
Don't know whether it will be accepted or will get an RFE.
Hey keep me posted on your status.
I can be reached at sudhakar226@yahoo.com or 862-754-8326.
Good Luck.
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willwin
02-17 12:37 PM
The new PW system seems to be taking about 4-5 weeks, not months.
Have you or your org. got any PW responses in 4-5 weeks?
Have you or your org. got any PW responses in 4-5 weeks?
more...
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reddymjm
02-13 03:22 PM
My daughter can not write yet. I will do that this weekend. I know I am late on this.
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rbharol
08-24 12:18 PM
Master's and higher, outside US has to be in the STEM fields to qualify.
Good. That means if you have STEM Masters and 3 years US experience then at the time SKIL comes to effect you can file 485 without waiting for PD if 140 was already approved by then. OR can file concurrently.
Good. That means if you have STEM Masters and 3 years US experience then at the time SKIL comes to effect you can file 485 without waiting for PD if 140 was already approved by then. OR can file concurrently.
more...
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chanduv23
08-04 09:38 AM
I came to know of a case where this gentelman who has PD of Nov 2002 EB2 has his case pending at Nebraska for a really long time. His Name check and other formalities were cleared and no body was sure the reason for the hold up. He had numerous infopass appointments as well as written to various lawmakers etc... After getting tired of doing all that he decided to take 15 days off from work. And do you know where did he go:
He went to Lincoln, Nebraska.
The story goes that every day he would stand in front of the office and he was turned back but he continued to sit in the lobby requesting to see the director. Finally his persitence paid off. On 15th day he was granted half an hour with the Director and he presented his case. In few hours he saw his 485 status changed to approved.
So the persitence really do pay. I don't know the name of this gentleman but if you are reading this post please provide some more details. Hats off to you.
Thats is called 'Gandhigiri' my friend
He went to Lincoln, Nebraska.
The story goes that every day he would stand in front of the office and he was turned back but he continued to sit in the lobby requesting to see the director. Finally his persitence paid off. On 15th day he was granted half an hour with the Director and he presented his case. In few hours he saw his 485 status changed to approved.
So the persitence really do pay. I don't know the name of this gentleman but if you are reading this post please provide some more details. Hats off to you.
Thats is called 'Gandhigiri' my friend
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nifedge
04-23 10:01 AM
Hello!
I am in a similar situation. My Passport expires on June 16th 2009, so I got a I-94 that a D/S Date of June 15th 2009. My H1B and I-797 is valid till Oct 22 2009. My Employer contacted me last week saying that my work status expires on June 15th and I need to show new work status to continue working.
As per my attorney, the date on the latest I-94 is THE most important date which dictates how long you can be legally employed as a non-immigrant, it is NOT the date on H1B stamp or I-797 (I-94 date is always equal or earlier than the date on I-797).
So, I am lucky to have EAD through my wife's GC application and I am being forced to switch status to EAD. Since my wife and I work for the same company, I am very worried switching to EAD as there are layoffs imminent in my wife's department, which poses risk to her and me too (if I am on EAD).
One line answer: Your wife should switch to EAD right before her I-94 expires.
My obvious advice is to consult a lawyer.
Anyone on the forum, if you think what I said is wrong, please correct me.
I am in a similar situation. My Passport expires on June 16th 2009, so I got a I-94 that a D/S Date of June 15th 2009. My H1B and I-797 is valid till Oct 22 2009. My Employer contacted me last week saying that my work status expires on June 15th and I need to show new work status to continue working.
As per my attorney, the date on the latest I-94 is THE most important date which dictates how long you can be legally employed as a non-immigrant, it is NOT the date on H1B stamp or I-797 (I-94 date is always equal or earlier than the date on I-797).
So, I am lucky to have EAD through my wife's GC application and I am being forced to switch status to EAD. Since my wife and I work for the same company, I am very worried switching to EAD as there are layoffs imminent in my wife's department, which poses risk to her and me too (if I am on EAD).
One line answer: Your wife should switch to EAD right before her I-94 expires.
My obvious advice is to consult a lawyer.
Anyone on the forum, if you think what I said is wrong, please correct me.
more...
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pappu
04-24 03:46 PM
Congrats to everyone getting greencard approvals. The forward movement of dates has helped a lot of our members. let us hope they keep moving the dates forward and do not waste any visas this year.
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vxg
10-31 03:33 PM
Query on Advance Parol. Send Clear Copies of Passports and I 94 Cards.
Question? Does I need to send all I 94 Cards of each H1B and all copies of passports with all pages.
I appreciate your suggestions..
I had the same query for my wife. I sent color copies of passport front and back, latest visa, I-94, DL and EAD all in color. Keep me posted how long it took for you to get approval after you sent the docs.
Question? Does I need to send all I 94 Cards of each H1B and all copies of passports with all pages.
I appreciate your suggestions..
I had the same query for my wife. I sent color copies of passport front and back, latest visa, I-94, DL and EAD all in color. Keep me posted how long it took for you to get approval after you sent the docs.
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BharatPremi
10-19 10:43 PM
Based on my final travel plan in November (Yet not finalized), I will vote or not vote by November 9th.
wandmaker
08-18 10:54 PM
I did B.E in Computer Science Engg, 4 yrs Course.
I have no idea why USCIS gave that reason. Actually, my company's attorney told that "USCIS denied H1B, because i don't have Computers background and am working as a Programmer Analyst".
That's all i know at this moment. I don't know whom to trust at this point.
When is your current I-94 expiring? If it has already expired, you need to act quick because you will be accruing unlawful presence from the date of denial. You should not have any issue w.r.t your educational background - I have seen people with textile engineering degree got their h1 and green card
I have no idea why USCIS gave that reason. Actually, my company's attorney told that "USCIS denied H1B, because i don't have Computers background and am working as a Programmer Analyst".
That's all i know at this moment. I don't know whom to trust at this point.
When is your current I-94 expiring? If it has already expired, you need to act quick because you will be accruing unlawful presence from the date of denial. You should not have any issue w.r.t your educational background - I have seen people with textile engineering degree got their h1 and green card
GC_SUCK
10-10 01:53 PM
I got my GC on 09/18/07. Now my consulting company (how sponsored my GC) is having issues with the client and client is thinking to terminate the contract.
Client want to bring me to there pay roll. In other words they are offering my permanent position.
My consulting company does not have immediate opening for me.
It is not even a month that I got my GC. And I am with the same consulting company for about 6.5 years now.
Please help me. What should I do? If I accept the offer will I get problem at citizenship stage? If I do not accept offer I will loose job and I don't know how much time I have to wait till my consulting company find job for me.
Client want to bring me to there pay roll. In other words they are offering my permanent position.
My consulting company does not have immediate opening for me.
It is not even a month that I got my GC. And I am with the same consulting company for about 6.5 years now.
Please help me. What should I do? If I accept the offer will I get problem at citizenship stage? If I do not accept offer I will loose job and I don't know how much time I have to wait till my consulting company find job for me.
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