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Legal_In_A_Limbo

04-27 09:22 PM

same happened with me, already posted on couple of other threads.

Hi,

My H1 which was approved back in 2006 has been re-opened today...This is the status I see on USCIS web-site

Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER

Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.

We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on April 26, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.

I have used AC-21 and been working with new employer on EAD since April, 2008. I talked to my old employer and they said they have sent a request to withdraw my H-1B and all other immigration applications. So, I am assuming that they have also withdrawn 140. He also said when someone leaves the company its a normal process to withdraw all the immigration related documents.

Can you please tell me, what will happen to my cases. If someone has gone through the same, if they can share their experiece that will be really appreciated.

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stylepoet

10-29 02:31 PM

Thanks for your input, Manderson. My family has been here for four years. We have two sons in England, one of whom is going through the E2 application process, and two daughters, one at University and one in high school. We would all like to stay permanently, but in order to raise the money for EB5, we would have to sell our business and that would put us in breach of our visa conditions.

The half-centrury old E2 laws need to be updated to reflect the valuable economic input of investors. It is unrealistic to expect people to come here, settle their families and run successful businesses for a few years and then go home. Most decide they would like to stay but have no path to GC.

We can't just leave the country and start again because of our daughters' education. Feels like catch 22, but I believe reform is the way forward.

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gimme_gc_asap

06-19 10:55 PM

Be cool my babies....
Be nice to the guy
It may or may not. No one knows. Dont act like you know it all!!

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lkrastogi

07-16 11:08 PM

My 140 was filed last week and I don't have the receipt number. Can I file 485 without I140 receipt number?

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kanta80

04-03 10:59 AM

Thank you very much for your reply, sertasheep. Your information is really useful for me.

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SFSweta

08-27 01:40 PM

You may! Because your priority date is based on your PERM/Labor...and that still holds valid.

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voldemar

03-21 10:51 AM

3)Once back on H4, and in future If I want to get back on h1, Am I subject to cap?
Yes you will be subject to cap.No, if you had H1 before (in 6 years) you are not subject to cap.

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gcForV

07-13 12:35 PM

Do not start new thread to respond back or add to what gc_hoga_re has said. His post was offensive to members and detrimental to the organization.

That thread is now closed and gc_hoga_re has been banned.

To those who dont like censorship and moderation of forums:

Immigration Voice neither promises nor practices "Free speech" and "First amendment rights" claimed by members who dont like moderation and censorship.

We are an organization for Greencard backlogs advocacy, not civil rights like First amendment rights and free speech. In order to worship civil rights like free speech and first amendment rights, please join the ACLU (www.aclu.org).

Also, Immigration Voice is in its full rights to censor its own site as the site is owned by organization and it is not a public property. Your first amendment rights to "Say whatever you feel like" are guaranteed by the constitution to protect you from congress passing laws that can take away those rights. The constitutional rights dont guarantee you the right to say whatever you want on other citizen's/organization's property/website/domain. So please do not come back to preach the US constitution to the core group. There are thousands of blogs, sites and discussion forums that practice much higher level of censorship. The only way to guarantee the retention of online material is to start your own website and we encourage members who find Immigration Voice as a "Restrictive" or "Non Democratic" website to do that.

Immigration Voice will ban users, ban posts, delete posts, close threads and remove material that is detrimental to the organization.

Also, gc_hoga_re has been banned for posting offensive material.
Wow Wow Wow.
Watch out..Before typing think.
You are the Administrator of the site!!!
I do understand the wild posts though

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gsc999

09-05 07:07 PM

I will be there. Do you know why they made all cases current in june if they have that much of a backlog. Amr Diab is some good music right there. Did you go to Sharm

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That was supposedly a procedural issue between Dept. of State (DOS) and USCIS. The way the DOS releases visa numbers and procedure USCIS follows to utilize them. Read this blog by one of the IV core members for more details: http://nixstor.blogspot.com/2007/06/how-does-july-2007-visa-bulletin-became.html

I stayed in Al Asarma Ramadan City for work. Went to Iskenderiya not Sharm.

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morchu

08-02 12:58 AM

I think it matters and you probably might get an RFE if you dont provide evidence that you are qualified for the advertised job.

You can try to get an affidavit from some of your older colleagues.


It is EB3 (PD 2001) and Lc did say that 3 years of experience and my first job almost have 2 years 8-9 months of experience. So I was thinking that USISC should not mind for letter of eperience for 3 remaining months..Current job ..I have been working now for 6.5 years....

Does it matter..Do you think it really matters..

let me know..otherwise I really have to worry about RFE

DB

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gcwaiting17

08-07 02:31 PM

Also there are no LUDs on both the cases. Not even a single LUD since the case moved from CSC->NSC. After that we went for FP in Nov. 2007.
No LUDs for that also.

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extra_mint

05-16 01:31 PM

PD June 12, 2006 NSC
Waiting for my spouse's GC (dependent)

I got mine (primary) over the weekend. Any one else in same boat ?
Me and my spouse didn't applied together, I added her in 2008.

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meridiani.planum

05-05 04:50 PM

I wanted to know that what impact does one have for calling IO's multiple times.
.

* pain in the fingers
* worn out buttons on the phone
* high phone bill (if you call from a cellphone and are billed by the minute)

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Jaime

09-05 04:58 PM

Unless of course you are an illegal maid from El Salvador, in which case you can apply for your green card in person at any USCIS window by 9 am, and pick up your green card by 4 pm the same day. You have the option of premium processing, where if you pay $5 extra, you get along with your green card a U.S. passport, voters regsitration card, perpetual drivers license and a pack of "Hershey's Kisses" (or an actual kiss from the USCIS officer, your choice)

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neelu

12-28 08:48 AM

Thank you everyone for the reply.


Thanks for joining, IV.

We need more membership. Kindly help IV by introducing ONE member.
And this request is to everyone - Please help add ONE member to IV by dec 31st.

Thank you.

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chanduv23

06-05 08:50 AM

I'm not sure if this is the right place to post this thread but I could not find anywhere else to post it on this website.

I filed for my initial H-1B document and the H-1B adjustment document (from full time to part time) with an immigration lawyer last year. The two processes went relatively smooth. Thinking that this lawyer was someone I could trust, I also started the PERM process with her and had my company pay half of the PERM lawyer fee up front and signed whatever paper that I was required to sign.

After she was paid, I noticed that her replies to my emails were slower and some were even neglected. I'm extremely frustrated with her change of behavior as the immigration process is really important to me as it is to every immigrant. I tried emailing her again about 3 days ago with some questions, and she neglected it again. I tried to be as understanding as possible, but I personally think this is ridiculous and I'm getting very upset. She is the only person that works at the office and she has no paralegals or office staff. So I always have to talk to her directly for everything.

Today, I actually emailed her with another email account pretending I'm someone else interested in the H-1B process, and I received a reply from her within 40 minutes. So I know she's neglecting my emails on purpose. I'm not sure if she just doesn't take care of her "paid" clients or she just has something personal against me for whatever reason. (I was always respectful to her in every way so I don't believe it's something I did)

Since I signed the paper which states that I have to pay for a large termination fee if I were to request termination of contract for whatever reason, I can't just hire a new lawyer either. What would be a good approach to resolve this situation? I thought about talking to her directly face-to-face and let her know how upset I'm about her change of behavior (which she may charge me for her time) but I don't want her to screw with my immigration documents at the same time.

First things first. Don't get stressed out. You have hired an Attorney to represent you - u r a client for the Attorney and it is their duty to work with you.

It is very common - people are very receptive before you pay and after that, they tend to slow down on you because they are spending time to bait in the next potential client.

You can report this lawyer to the bar or to AILA or probably to better Business Bereau. Folks here can guide you.

Some Attorneys are very receptive, they value and treat you well. They try their best to get back to you in a day or two. I have seen Attroneys responding to queries late night - probably thats the time they set for email responses or so.

My message to Attorneys - do please value your client. These days, immigrants have a lot of platform and power and are better informed so don't take your clients for granted. t
The better you treat your client, the better business for you.

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H1B2GC

09-30 09:20 PM

You could use AC21 after 180 days of I-485 filing but your I-140 should remain approved. If either your company revokes I-140 because you failed to maintain good relationship with them or USCIS revokes it because they discovered something regarding your company which was not available to them when your case was approved or if they find out that you switched jobs before 180 days, they will deny your I-485. But you could open a motion to reconsider and later appeal in court. If you are still not tired, you'll have your LC priority date which you could use for your future greencard.

If you plan to join a new company before 180 days use H1B otherwise use AC21 and work on EAD. I undertand that you are getting depressed regarding the whole process.

This is a game US is playing against the high skilled to drain out their knowledge. Get up, take your chances and screw them up in a same or similar classification for the time and $ you lost.

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hopeforgc

06-21 04:58 PM

I know a person who came to US on H4 in feb 2004 applied for H1 in the firt week of April 2005,
her Employer who filed for H1 suggested that she would get her H1 from Jan 1st 2006 , so she can travel to India
on that assurance she left for India on September 15 and came back on Dec 28th and
on Jan 1st when she called employer they mailed her H1 copy and the date of Approval is Oct 1st.


Does this mean H1 is Invalidated as per Last Actions Count Rule.

She has been working on H1 since then (not regularly though)
and did not file for H4 extension assuming her H1 is valid. H4 expired on Aril 2006

Has any one gone through the same situation.

Whats her Status as of now, If her husband is applying for 485 what do you guys suggest put on I94 what should her action from now on.


One lawyer suggests she should apply for 485 and and if they raise query come with some answer at that time.

another one says she should file for H4 and quit working.

She is totally clueless please help.

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stirfries

03-18 09:31 PM

I'm from the UK and we've now been told I cannot leave the US and join him, until I have my advance parole which could take 3 to 4 months.

Smerchas...Are you sure about what this? From what I remember, you have to be in the country when you apply for your AP...But there is no necessity that you need to be here when it is approved !

Technically, you can ask your attorney or the person who is living at the address where the AP document would be sent by the USCIS, and request them to forward the approved AP to your then current address...That way, you don't have to stay in the country while USCIS processes your application...

Ofcourse, the flip side is, if your AP is denied for any reason, you would have to go to the US consulate in wherever country you are and request the special admission letter...

Thanks,

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bigtime007

06-26 01:41 PM

It seem like the CIR does not allow working as consultant on H1B. I read through that part, but does not quite understand. Can someone who understands the legislation let me if the bill passed, what is the effective time that we need to stop working?

Is it:
1> The time when bill is signed by Bush?
2> The beginning of the following fisical year?
or
3> You can keep working till the current H1B expires, but cannot renew?

thanks!

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