rameshk
03-03 04:32 PM
Who is the laywer? can share his contact information with us please?
Thanks,
Hi,
I've been an infrequent visitor to this site in the past, but it has helped me substantially especially when I've been frustrated with the GC situation - I feel the need to share this, hoping that it might help others. I'm posting in this forum because this is the place people tend to ask questions of lawyers. I'll try to keep this simple so that its easy to understand.
Me: EB2 PD March 2005 for first job. I-140 approved 2006. Promoted to different tile in 2007 Jan, second EB2 filed in March 2007.
Wife: EB2 PD Feb 2007.
During the 'fiasco' of 2007, because I did not have an approved PERM for my new job title, we filed for 485's and 140s through my wife with me as the dependent (Having an AP is worth it when traveling overseas, especially if you anticipate traveling for emergencies and don't have the luxury of checking in for an appointment with the consulate to get a visa renewal - also removes the stress of another interview). Neither of us applied for EADs because we were more secure on the H1 visas - your status is immediately screwed if you switch to EAD and your 485 is denied.
In 2008, I received an RFE on my 2nd PERM application (which was addressed by my company - I have no clue what it was about). In 2009, I received an RFE on my 485 application through my wife, we replied to it through a very good lawyer.
Last year, my original LC PD became current! However, our 485s were tied to my wife's application. After speaking to many lawyers, we understood that there were the following options:-
1. Withdraw the earlier 485s, file completely new ones based on my PD (supposedly the safest from GC point of view, because it leaves no room for confusion. Downside is processing time, app getting lost, losing AP/EAD from earlier 485 etc)
2. File another completely new set of parallel 485s, and leave it to UCSIS to figure out that they needed to pick one with the earlier PD (overkill and confusing as well. UCSIS now deals with 4 485 applications, and chances that they will get confused magnify. High processing time as well)
3. Send a letter requesting that the 485 applications be reviewed based on my PD as opposed to my wife's. (Upside is that its potentially the fastest, is approved by the UCSIS, and you can track it by calling up. Downside is that they may simply don't respond because its not really a legal document that's being sent. Then you get stuck just running for Infopass, SR, Congressman etc)
I have to say that choosing the right lawyer to handle your case is possibly the most important thing you can do. What some of us don't know is that while the earlier stages of the GC process are applications made by the company, the 485 application is an individual application, and you are legally allowed to do so through any lawyer you wish to. In our case, we chose the law firm we trusted, even though it was more expensive. They recommended option 3, and we went with it. That was 4 months ago.
On Saturday (2/25) we received email saying that the card were in processing. This afternoon we got our cards in the mail - a nice surprise.
Moral of the story:-
1. Do your homework, get multiple opinions - no one will care about your GC app like you do.
2. When you move and update the AR-11, make sure you update the address for pending cases as well - this will ensure they mail your GC to the correct place.
3. Don't do anything illegal :)
4. Hire the best lawyer you can if your case is not straightforward. Our lawyer was always willing to talk to us at a few hours notice, was very prompt, and was proactive in checking up on UCSIS updates, bulletins etc.
Best wishes.
Thanks,
Hi,
I've been an infrequent visitor to this site in the past, but it has helped me substantially especially when I've been frustrated with the GC situation - I feel the need to share this, hoping that it might help others. I'm posting in this forum because this is the place people tend to ask questions of lawyers. I'll try to keep this simple so that its easy to understand.
Me: EB2 PD March 2005 for first job. I-140 approved 2006. Promoted to different tile in 2007 Jan, second EB2 filed in March 2007.
Wife: EB2 PD Feb 2007.
During the 'fiasco' of 2007, because I did not have an approved PERM for my new job title, we filed for 485's and 140s through my wife with me as the dependent (Having an AP is worth it when traveling overseas, especially if you anticipate traveling for emergencies and don't have the luxury of checking in for an appointment with the consulate to get a visa renewal - also removes the stress of another interview). Neither of us applied for EADs because we were more secure on the H1 visas - your status is immediately screwed if you switch to EAD and your 485 is denied.
In 2008, I received an RFE on my 2nd PERM application (which was addressed by my company - I have no clue what it was about). In 2009, I received an RFE on my 485 application through my wife, we replied to it through a very good lawyer.
Last year, my original LC PD became current! However, our 485s were tied to my wife's application. After speaking to many lawyers, we understood that there were the following options:-
1. Withdraw the earlier 485s, file completely new ones based on my PD (supposedly the safest from GC point of view, because it leaves no room for confusion. Downside is processing time, app getting lost, losing AP/EAD from earlier 485 etc)
2. File another completely new set of parallel 485s, and leave it to UCSIS to figure out that they needed to pick one with the earlier PD (overkill and confusing as well. UCSIS now deals with 4 485 applications, and chances that they will get confused magnify. High processing time as well)
3. Send a letter requesting that the 485 applications be reviewed based on my PD as opposed to my wife's. (Upside is that its potentially the fastest, is approved by the UCSIS, and you can track it by calling up. Downside is that they may simply don't respond because its not really a legal document that's being sent. Then you get stuck just running for Infopass, SR, Congressman etc)
I have to say that choosing the right lawyer to handle your case is possibly the most important thing you can do. What some of us don't know is that while the earlier stages of the GC process are applications made by the company, the 485 application is an individual application, and you are legally allowed to do so through any lawyer you wish to. In our case, we chose the law firm we trusted, even though it was more expensive. They recommended option 3, and we went with it. That was 4 months ago.
On Saturday (2/25) we received email saying that the card were in processing. This afternoon we got our cards in the mail - a nice surprise.
Moral of the story:-
1. Do your homework, get multiple opinions - no one will care about your GC app like you do.
2. When you move and update the AR-11, make sure you update the address for pending cases as well - this will ensure they mail your GC to the correct place.
3. Don't do anything illegal :)
4. Hire the best lawyer you can if your case is not straightforward. Our lawyer was always willing to talk to us at a few hours notice, was very prompt, and was proactive in checking up on UCSIS updates, bulletins etc.
Best wishes.
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apahilaj
01-15 10:51 AM
8 months is too much...On one hand, we can not apply for H1 renewal before 6 months of expiration and on the other hand they take more than 6 months to process? Do they purposely want to create more complications here? What a bunch of baboons!!!
Anyways, is there a way we can convert our regular application to premium processing once it's already filed. I've filed for my extension in Oct 07 and till today no updates...USCIS is making me sick!!!!
Anyways, is there a way we can convert our regular application to premium processing once it's already filed. I've filed for my extension in Oct 07 and till today no updates...USCIS is making me sick!!!!
txh1b
04-15 06:31 PM
My friend had a similar RFE and he got a month to answer. Luckily he found his I-20 copy.
Couple of things you can try.
1. Contact the previous company/HR/Lawyer that filed for the first OPT/H1b for you and they might have a copy of it. Most companies/lawfirms retain the files or archive it rather than destroying it. This is the best bet.
2. Whatever the lawyer suggested along with any proof of your I-94 with D/S stamp from your student days along with clear copies of passport stamps with DOE and exit.
Couple of things you can try.
1. Contact the previous company/HR/Lawyer that filed for the first OPT/H1b for you and they might have a copy of it. Most companies/lawfirms retain the files or archive it rather than destroying it. This is the best bet.
2. Whatever the lawyer suggested along with any proof of your I-94 with D/S stamp from your student days along with clear copies of passport stamps with DOE and exit.
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adhantari
08-12 07:33 AM
with your efforts. I hope you don't get banned...
more...
lvinaykumar
05-12 10:55 AM
good, at-least we are seeing good number of approvals, All the best and good luck guys
seahawks
03-11 11:03 PM
Take copies of your I-94 front and back and then submit them at the airport you board the international flight out of the US. When you come back, you will be filling in a new I-94 based on the latest H1/H4 date which you will show the border officer. (I am only stating this purely when your fly, I don't have experience by land)
more...
sk.aggarwal
03-25 03:17 PM
You need to go before filing labor in order to be eligible for one year extension.
I do not agree with this. H1 extension is allowed if perm is filled one year before completion of 6 year on H1 + any recapture time.
I do not agree with this. H1 extension is allowed if perm is filled one year before completion of 6 year on H1 + any recapture time.
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ssa
08-03 01:40 PM
Done :)
more...
gbof
10-16 10:13 AM
This is what I can speculate from logical point of view. There can be an 2nd RFE which is basically seeking more clarification on an earlier RFE. These kind of RFE will be pretty much immediate to the preceeding RFE (within 1 -2 months)
After that hopefully there should not be any unrelated RFE with the assumption that IO has taken a complete look at the file before issuing a RFE. We do not want a RFE for BC and when that is replied IO sending another one for Medical or Marriage Certificate. We should reasonably assume that IO has taken a good look at the application before sending RFE.
But we can expect RFE for cases that are current. The reason being most of these cases might be lying with CIS for over 2-3 years before getting current and considering the current state of economy they might issue a RFE for updated EVL to check if the person is still working. That is again just a pure guess no one knows how CIS works in reality
eb2_mumbai,
Most your recent postings are logical but still so much red here- I gave you green.
After that hopefully there should not be any unrelated RFE with the assumption that IO has taken a complete look at the file before issuing a RFE. We do not want a RFE for BC and when that is replied IO sending another one for Medical or Marriage Certificate. We should reasonably assume that IO has taken a good look at the application before sending RFE.
But we can expect RFE for cases that are current. The reason being most of these cases might be lying with CIS for over 2-3 years before getting current and considering the current state of economy they might issue a RFE for updated EVL to check if the person is still working. That is again just a pure guess no one knows how CIS works in reality
eb2_mumbai,
Most your recent postings are logical but still so much red here- I gave you green.
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knowDOL
06-20 07:14 AM
I hope supers789 gets the gist of retrogression and will plan his future accordingly for a way to live without GC for the next 3 or 4 years.
more...
GCBy3000
12-09 10:14 AM
If they do this retroactively, I hope they retro to 500 years back. Everyone from the congress and the president should deport their ass from where their ancestor's came from.
Its not just any Mark Krikorian, its our beloved 'bigot/racist Mark' - please make sure you always use that prefix or he will be very upset. He's already pissed that anytime the CIS' news releases are picked up by the newspapers/TV, they apparently describe CIS as merely an organization that wants 'stricter immigration' and deliberately leave out their illustrious founding by a courageous racist John Tanton. So - in confusion, ladys, jellyspoons , julia preston, nytimes et all - don't piss off our CIS ppl or they will deport your ass to wherever it came from! And don't think just because you were born here that you are safe cos there's a bill in the works that strips birthright citizenship retroactively!
Its not just any Mark Krikorian, its our beloved 'bigot/racist Mark' - please make sure you always use that prefix or he will be very upset. He's already pissed that anytime the CIS' news releases are picked up by the newspapers/TV, they apparently describe CIS as merely an organization that wants 'stricter immigration' and deliberately leave out their illustrious founding by a courageous racist John Tanton. So - in confusion, ladys, jellyspoons , julia preston, nytimes et all - don't piss off our CIS ppl or they will deport your ass to wherever it came from! And don't think just because you were born here that you are safe cos there's a bill in the works that strips birthright citizenship retroactively!
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gemini23
07-31 04:44 PM
dont worry thats normal. when i was in florida, i always got a temp licence valid for 4 weeks. and then the actual renewed licence arrived within 3 weeks in mail .
:)
:)
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chanduv23
09-23 08:15 PM
desinj a magazine circulated in NJ has featured IV. I will scan it and upload it
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sunny1000
09-26 06:20 PM
I have received my physical card on 09/24. This site was a great help and will continue spreading word about IV.
Is anyone here works for Apple Inc.? Need some info. Please send me private message.
Thanks
Congrats!:D
Is anyone here works for Apple Inc.? Need some info. Please send me private message.
Thanks
Congrats!:D
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redgreen
03-14 12:14 PM
So what exactly is meant by this switching? How/What does it affect? Where or how you/company/USICS decide whether you are on H1 or EAD?
Thanks coopheal, desi3933.
But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee�s eligibility or change in job duties. So no requirement to cancel H1b.
Thanks coopheal, desi3933.
But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee�s eligibility or change in job duties. So no requirement to cancel H1b.
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kartikiran
10-05 02:52 PM
I am sure this will enhance the reputation of IV more than ever...!!!
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vaishnavilakshmi
07-10 02:54 AM
DOS issued one more bulletine today on 9th July 2007 !!!!!!!!!!!!!
Hi Krupa,
Dont just post something for fun here.And don't play with viewers in this forum who participate to seek some suggestions,information etc .Please don't mislead us anymore.
"Either try to help or just control urselves".
Vaishu
Hi Krupa,
Dont just post something for fun here.And don't play with viewers in this forum who participate to seek some suggestions,information etc .Please don't mislead us anymore.
"Either try to help or just control urselves".
Vaishu
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digital2k
08-14 02:11 PM
:)
If this Robin Williams google his name he will get too many Hits and will be amazed to see how popular/famous he is among immigrant community just by working as a mail receiver at USCIS.
Poor fellow - Polls got created in his name :rolleyes:
If this Robin Williams google his name he will get too many Hits and will be amazed to see how popular/famous he is among immigrant community just by working as a mail receiver at USCIS.
Poor fellow - Polls got created in his name :rolleyes:
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Munna Bhai
08-03 12:09 PM
So my status doesnt change until my I 485 is approved- any idea how long that will take? My H 1B expires in Nov of 2007 should I get an extension? Thank you for your replies- Lisa
If your I-485 is pending, you need to apply for H1b extension and it will be for one year increment.
If your I-485 is pending, you need to apply for H1b extension and it will be for one year increment.
cbpds
06-18 02:39 PM
Hi,
I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.
I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...
My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help
u never went to india since 5 years, your crazy :)
I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.
I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...
My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help
u never went to india since 5 years, your crazy :)
when
01-03 02:06 PM
I think is someone has Canadian PR they aren't required to have a UK transit visa. I found the this info on the following link: http://www.ukvisas.gov.uk/servlet/UKVisasDoINeedAVisa?url=%2Fservlet%2FFront%3Fpagen ame%3DOpenMarket%2FXcelerate%2FShowPage%26c%3DPage %26cid%3D1006977149962&purpose=Transit&nationality=India&location=United+States
Do I Need A UK Visa
You asked if a national of India needs a visa to pass through the UK in transit.
Yes, you need a Direct Airside Transit (DAT) visa, unless you hold one of the following:
a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from another country or territory to the country in respect of which the visa is held;
a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from the country in respect of which the visa is held to another country or territory;
a valid airline ticket for travel via the United Kingdom as part of a journey from Australia, Canada, New Zealand or the United States of America to another country or territory, provided that the transit passenger does not seek to transit the United Kingdom on a date more than six months from the date on which he last entered Australia, Canada, New Zealand or the United States of America with a valid visa for entry to that country;
a valid USA I-551 Permanent Resident Card issued on or after 21st April 1998;
a valid Canadian Permanent Resident Card issued on or after 28th June 2002;
a valid common format Category D visa for entry to an EEA State;
a valid common format residence permit issued by an EEA State pursuant to Council Regulation (EC) No. 1030/2002;
a diplomatic or service passport issued by the People�s Republic of China; or
a diplomatic or official passport issued by India; or,
a diplomatic or official passport issued by Vietnam.
Transiting to the Republic of Ireland
Passengers must pass through immigration control in order to take a flight to Ireland. Visa nationals (and passengers qualifying for DATV exemption above) may Transit without Visa providing they fulfil the TWOV conditions and are properly documented for entry into Ireland.
DATV nationals transiting to Ireland must obtain a visit visa - not a Visitor in Transit visa which is only for transit to a destination outside the Common Travel Area (Rules HC395 paragraph 47 refers).
All visa nationals wishing to transit the UK but spend longer doing so than the 24 hours permitted under the TWOV concession must obtain a visitor in transit visa for stays up to 48 hours or a visit visa.
Nationals of certain countries, which includes India - unless exempt as detailed above - must have a DAT visa to transit through the United Kingdom. The visa does not allow entry to the UK: other than to catch a connecting flight; leaving from the same airport on the same day; where you do not need to pass through immigration control to catch the flight. This is called Direct Airside Transit.
More information about passing through the UK on your way in transit to another country is available on our Guidance - Transit page.
Any dependants under 16 years old, included on your passport, can be included on the same form, but those older will need to fill in separate forms.
Please make your application to Chicago, Los Angeles, or New York.
If you are applying to our visa sections in the USA, you can now make your application and pay online though the visa4UK website.
Notes:
A valid U.S. immigrant visa packet (form 155A/155B) is a 'valid visa' for DATV exemption purposes.
An expired I-551 Permanent Resident Card issued on or after 21 April 1998 when accompanied by an I-797 letter issued by the Bureau of Citizenship authorising its extension, exempts the holder from the DATV requirement.
Holding either an I-512 Parole letter or an I-797C (Notice of Action) instead of a valid U.S. visa; or a Transportation Letter instead of a valid U.S. Permanent Residence Card issued on or after 21 April 1998 does NOT qualify for exemption from the DAT visa requirement.
Holding a valid travel document with a U.S. ADIT stamp worded � �Processed for I-551. TEMPORARY EVIDENCE OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE VALID UNTIL�. EMPLOYMENT AUTHORIZED� does NOT qualify for exemption from the DAT visa requirement.
Whether holders of non-national (including refugee travel documents) require a DATV depends on their nationality and whether they qualify for one of the exemptions listed above. So, for instance, the holder of a non-national travel document (e.g. a refugee travel document) who is a national or a citizen of one of the countries listed on the DATV list (e.g. Afghanistan) will require a direct airside transit visa if they are travelling to the UK to transit on to a third country.
Do I Need A UK Visa
You asked if a national of India needs a visa to pass through the UK in transit.
Yes, you need a Direct Airside Transit (DAT) visa, unless you hold one of the following:
a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from another country or territory to the country in respect of which the visa is held;
a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from the country in respect of which the visa is held to another country or territory;
a valid airline ticket for travel via the United Kingdom as part of a journey from Australia, Canada, New Zealand or the United States of America to another country or territory, provided that the transit passenger does not seek to transit the United Kingdom on a date more than six months from the date on which he last entered Australia, Canada, New Zealand or the United States of America with a valid visa for entry to that country;
a valid USA I-551 Permanent Resident Card issued on or after 21st April 1998;
a valid Canadian Permanent Resident Card issued on or after 28th June 2002;
a valid common format Category D visa for entry to an EEA State;
a valid common format residence permit issued by an EEA State pursuant to Council Regulation (EC) No. 1030/2002;
a diplomatic or service passport issued by the People�s Republic of China; or
a diplomatic or official passport issued by India; or,
a diplomatic or official passport issued by Vietnam.
Transiting to the Republic of Ireland
Passengers must pass through immigration control in order to take a flight to Ireland. Visa nationals (and passengers qualifying for DATV exemption above) may Transit without Visa providing they fulfil the TWOV conditions and are properly documented for entry into Ireland.
DATV nationals transiting to Ireland must obtain a visit visa - not a Visitor in Transit visa which is only for transit to a destination outside the Common Travel Area (Rules HC395 paragraph 47 refers).
All visa nationals wishing to transit the UK but spend longer doing so than the 24 hours permitted under the TWOV concession must obtain a visitor in transit visa for stays up to 48 hours or a visit visa.
Nationals of certain countries, which includes India - unless exempt as detailed above - must have a DAT visa to transit through the United Kingdom. The visa does not allow entry to the UK: other than to catch a connecting flight; leaving from the same airport on the same day; where you do not need to pass through immigration control to catch the flight. This is called Direct Airside Transit.
More information about passing through the UK on your way in transit to another country is available on our Guidance - Transit page.
Any dependants under 16 years old, included on your passport, can be included on the same form, but those older will need to fill in separate forms.
Please make your application to Chicago, Los Angeles, or New York.
If you are applying to our visa sections in the USA, you can now make your application and pay online though the visa4UK website.
Notes:
A valid U.S. immigrant visa packet (form 155A/155B) is a 'valid visa' for DATV exemption purposes.
An expired I-551 Permanent Resident Card issued on or after 21 April 1998 when accompanied by an I-797 letter issued by the Bureau of Citizenship authorising its extension, exempts the holder from the DATV requirement.
Holding either an I-512 Parole letter or an I-797C (Notice of Action) instead of a valid U.S. visa; or a Transportation Letter instead of a valid U.S. Permanent Residence Card issued on or after 21 April 1998 does NOT qualify for exemption from the DAT visa requirement.
Holding a valid travel document with a U.S. ADIT stamp worded � �Processed for I-551. TEMPORARY EVIDENCE OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE VALID UNTIL�. EMPLOYMENT AUTHORIZED� does NOT qualify for exemption from the DAT visa requirement.
Whether holders of non-national (including refugee travel documents) require a DATV depends on their nationality and whether they qualify for one of the exemptions listed above. So, for instance, the holder of a non-national travel document (e.g. a refugee travel document) who is a national or a citizen of one of the countries listed on the DATV list (e.g. Afghanistan) will require a direct airside transit visa if they are travelling to the UK to transit on to a third country.
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