Lasantha
02-18 12:25 PM
First of all I am sorry to hear this.
I am not sure how interfiling work but did you receive a confirmation that it was accepted? And how long after the interfiling request was the 485 was denied?
The only reason that I can think of for 485 denial is the denial of the underlying 140. It's possible that they did not honor your interfiling request. do you have any proof or confirmation that they received it?
I am just throwing these ideas, wait for the denial notice to see what the reason was and discuss with your lawyer.
Hi all,
I started working with a company in July 2006 and applied for I-140 in Nov 2006 with an existing labor of Nov 2004. My company is in losses all the time but I am getting more than proffered wage since I joined. Recently I received Intent to deny notice as there is no evidence that company can pay my in 2005. My attorney has replied for Intent to Deny notice and also applied for new I -140 using my own labor.
New I-140 got approved. I send a request for Interfiling to take out old I-140 from my 485 and use the approved I-140. when I checked the status of my case yesterday - both my old I-40 and 485 got denied. I didn't receive Denial notice yet.
Please suggest my any options I have for not losing I-485 and EAD.
I am not sure how interfiling work but did you receive a confirmation that it was accepted? And how long after the interfiling request was the 485 was denied?
The only reason that I can think of for 485 denial is the denial of the underlying 140. It's possible that they did not honor your interfiling request. do you have any proof or confirmation that they received it?
I am just throwing these ideas, wait for the denial notice to see what the reason was and discuss with your lawyer.
Hi all,
I started working with a company in July 2006 and applied for I-140 in Nov 2006 with an existing labor of Nov 2004. My company is in losses all the time but I am getting more than proffered wage since I joined. Recently I received Intent to deny notice as there is no evidence that company can pay my in 2005. My attorney has replied for Intent to Deny notice and also applied for new I -140 using my own labor.
New I-140 got approved. I send a request for Interfiling to take out old I-140 from my 485 and use the approved I-140. when I checked the status of my case yesterday - both my old I-40 and 485 got denied. I didn't receive Denial notice yet.
Please suggest my any options I have for not losing I-485 and EAD.
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DDLMODES
07-18 09:26 PM
If you did PERM (only then can you file concurrently)
Who said that concurent filing is available for PERM only ???
That is not true right ????
Somebody please clarify !
Who said that concurent filing is available for PERM only ???
That is not true right ????
Somebody please clarify !
venetian
07-06 11:44 AM
Please let me know whether it is possible for a person with valid H1B pettion with expired visa stamping can use the AP at POE to enter the US and continue to work in H1B without using EAD.
Thanks.
Thanks.
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simplistik
03-06 06:54 PM
heh... the problem w/ this is... all the sites seem to be influenced by one another... and progressively got better... :( you all should've kept your stuff under wraps until the end
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rghrdr777
10-25 09:19 AM
Just spoke with a TSC IO. She was a pretty nice lady and answered all my questions. Apparently, mine and my spouse's AP were approved on 10/17/2007. We still didn't receive the APs. The online status still shows pending. I believe my attorney may receive the AP docs.
I've asked her about my Name Check and Fingerprint. According to her my name check was initiated on 8/9/2007 and it is pending. My FBI fingerprint check came back on 9/10/2007.
TSC (Sent to NSC. Got transferred to TSC)
RD: 06/25/2007
ND: 08/01/2007
EAD Self Card Received: 08/23
EAD Spouse Card Received: 08/25
FP done for myself and Spouse: 09/06
Name check initiated on 08/09/2007 and is pending
AP: Waiting (according to TSC IO approved on 10/17/2007)
GC: Waiting
I've asked her about my Name Check and Fingerprint. According to her my name check was initiated on 8/9/2007 and it is pending. My FBI fingerprint check came back on 9/10/2007.
TSC (Sent to NSC. Got transferred to TSC)
RD: 06/25/2007
ND: 08/01/2007
EAD Self Card Received: 08/23
EAD Spouse Card Received: 08/25
FP done for myself and Spouse: 09/06
Name check initiated on 08/09/2007 and is pending
AP: Waiting (according to TSC IO approved on 10/17/2007)
GC: Waiting
new_horizon
07-19 11:19 PM
I have the same question. I've just filed my I-485, and am waiting for the receipt number. Is it advisable to continue on H1b rather than switching to EAD? My company lawyer is advising against applying for EAD.
Would there be any problem to my I485 petition if I switch to a new employer using H1B transfer? Is there any drawback if I switch to EAD/AP apart from the annual renewal expense? :confused:
Would there be any problem to my I485 petition if I switch to a new employer using H1B transfer? Is there any drawback if I switch to EAD/AP apart from the annual renewal expense? :confused:
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sanju_dba
09-14 02:01 PM
I like the idea. But I wonder if this legal...
Good question,
What are the raffle laws of each state? | rafflefaq.com (http://rafflefaq.com/united-states-raffle-laws/) talks about the regulations, I am not sure which state to look for.
Good question,
What are the raffle laws of each state? | rafflefaq.com (http://rafflefaq.com/united-states-raffle-laws/) talks about the regulations, I am not sure which state to look for.
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chem2
08-17 07:07 AM
The employer cannot ask you to pay H1 filing fees. You may be responsible for attorney fees, but legally the employer is not allowed to charge you for any filing fees they pay the USCIS (the ~1400 $ you mentioned earlier). I have been in the same situation for many years, my employer requires me to pay attorney fees, but they take care of the H1 filing fees.
I'm no legal expert, but the extra 1000$ tagged on for attorney consultation sounds bogus to me. Attorney fees should include any and all required consultations.
Since you have no plans to join this employer, you may want to investigate what legal options you have, for example, complaining to DOL, USCIS, etc.
good luck. i hope everything works out for you.
I'm no legal expert, but the extra 1000$ tagged on for attorney consultation sounds bogus to me. Attorney fees should include any and all required consultations.
Since you have no plans to join this employer, you may want to investigate what legal options you have, for example, complaining to DOL, USCIS, etc.
good luck. i hope everything works out for you.
more...
ras
05-24 12:15 PM
My attorney told me that EAD to H1 will not counted against the cap if the person was on H1 before going on EAD. Is it true.
couple of attorneys with whom I enquired also told me that if you still have time on h1 then you are not counted under the cap and do not need to file afresh which goes through the process of lottery etc. I think at the most you need to go to the consulate to get the visa stamping. Can some one experience corroborate this.
Has anyone in the forum did EAD to H1?
couple of attorneys with whom I enquired also told me that if you still have time on h1 then you are not counted under the cap and do not need to file afresh which goes through the process of lottery etc. I think at the most you need to go to the consulate to get the visa stamping. Can some one experience corroborate this.
Has anyone in the forum did EAD to H1?
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IVfan08
12-16 02:11 PM
Just got mine renewed in Jersey City, NJ using my EAD without issue.
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herns
03-07 08:38 PM
I dont know what country you belong to. Only issue here is, if you get an RFE when you're unemployed.
[/I]
THanks for your reply.
I fall under 3rd employment based category that got stuck May 01, 2005.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4428.html
I have few colleagues that got only 1 (one) RFE for their I-485 such as birth certificate, one got missed physician signature on one document, the other got no RFE and the green card did just appeared. How I wish I could have an RFE similar with these or nothing at all.
[/I]
THanks for your reply.
I fall under 3rd employment based category that got stuck May 01, 2005.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4428.html
I have few colleagues that got only 1 (one) RFE for their I-485 such as birth certificate, one got missed physician signature on one document, the other got no RFE and the green card did just appeared. How I wish I could have an RFE similar with these or nothing at all.
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logiclife
10-15 02:12 PM
LuDs are trivial. Sometimes there are LuDs on cases for no apparent reason.
I have had LuDs on my approved 140 even when there was nothing to begin with. Nothing pending since 140, no 485, no H1 extension. Even then there was LuD on 140.
No one really knows what LUD really indicates. Because there is really no pattern in LUDs on cases. NONE.
Rather than asking other blind men to lead you, why dont you take it upon yourself and find out for once and for all.
Let's say LUDs, or lack thereof are bothering you so much that you are losing sleep over it. You are trying to connect dots over LUD, fingerprinting and EAD etc. If you really want something so badly, why dont you stand up and fight for it and ask for it. I am not asking you to help IV or contribute funds or join state chapters. If you dont want to join state chapters, then dont. If you dont want to help IV, then its a different thing. This isnt about that.
But atleast, for your own good, if something bothers you so much, then do something for yourself. Get an appt with ASC and find out what LUD means. Fly to Washington DC, go to director of operations office at USCIS headquarters and ask them what LUD means and why isnt there more transparency in online status. Why do we have to connect dots with LUDS and whey cant there by step-by-step update of each petition. GO AND FIGHT FOR YOURSELF. Ask them why cant we know where my 485 file is at each step of adjudication process. Why is there only 3 possible status for every petition , like case is approved, or case is rejected or we sent request for more info/evidence. Just 3 possible statuses for each petition that really goes thru elaborate stages and statuses.
Sitting here and asking other people, who dont know anything more than you do, is the same thing as one blind man asking another blind man to cross the street because the blind man is too lazy and to shy to ask someone with eyesight for a favor.
Again, I am not doing this to goad you into state chapter or funds. Or joining IV. Dont want to do what IV asks, then dont. But atleast do something FOR YOURSELF. Drive to DC, sit in USCIS HQ and ask them for something better than LUDs.
It is a waste of time to speculate and connect the dots (LUDs) that dont even exist.
I have had LuDs on my approved 140 even when there was nothing to begin with. Nothing pending since 140, no 485, no H1 extension. Even then there was LuD on 140.
No one really knows what LUD really indicates. Because there is really no pattern in LUDs on cases. NONE.
Rather than asking other blind men to lead you, why dont you take it upon yourself and find out for once and for all.
Let's say LUDs, or lack thereof are bothering you so much that you are losing sleep over it. You are trying to connect dots over LUD, fingerprinting and EAD etc. If you really want something so badly, why dont you stand up and fight for it and ask for it. I am not asking you to help IV or contribute funds or join state chapters. If you dont want to join state chapters, then dont. If you dont want to help IV, then its a different thing. This isnt about that.
But atleast, for your own good, if something bothers you so much, then do something for yourself. Get an appt with ASC and find out what LUD means. Fly to Washington DC, go to director of operations office at USCIS headquarters and ask them what LUD means and why isnt there more transparency in online status. Why do we have to connect dots with LUDS and whey cant there by step-by-step update of each petition. GO AND FIGHT FOR YOURSELF. Ask them why cant we know where my 485 file is at each step of adjudication process. Why is there only 3 possible status for every petition , like case is approved, or case is rejected or we sent request for more info/evidence. Just 3 possible statuses for each petition that really goes thru elaborate stages and statuses.
Sitting here and asking other people, who dont know anything more than you do, is the same thing as one blind man asking another blind man to cross the street because the blind man is too lazy and to shy to ask someone with eyesight for a favor.
Again, I am not doing this to goad you into state chapter or funds. Or joining IV. Dont want to do what IV asks, then dont. But atleast do something FOR YOURSELF. Drive to DC, sit in USCIS HQ and ask them for something better than LUDs.
It is a waste of time to speculate and connect the dots (LUDs) that dont even exist.
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pbojja
09-22 10:53 AM
In my view, it is his mistake. I am seriously think that he is lieing to you. First of all, deduction 400$ biweekly is too much. You didn't specified if you have any dependents. If you are single, then he is really lieing to you. I say just file a complaint with DOL in your home state.
No disrespect but , 400$ biweekly seems ok to me ...It depends on how you are employed , If you are working on percentage basis then companies may charge full insurance to you , If you are employed its a different case .
No disrespect but , 400$ biweekly seems ok to me ...It depends on how you are employed , If you are working on percentage basis then companies may charge full insurance to you , If you are employed its a different case .
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pappu
06-08 10:37 AM
/\/\/\/
Bumping it up. This is the most important action ite we can take part in. Please contribute if you have not contributed to this drive yet.
Bumping it up. This is the most important action ite we can take part in. Please contribute if you have not contributed to this drive yet.
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nk2
08-04 12:17 PM
My EB3 140 is pending from August 2007
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johnggberg
08-03 04:12 PM
based on what happed with july fisco, and 60000 visa getting allocated in june, you must be real close
send the documents promptly
send the documents promptly
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arukala
01-30 12:33 AM
Thank You so much TwinkleM for your answers
-Ravi
-Ravi
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amulchandra
05-10 06:01 PM
I tried that too.I provided the petition details and clicked submit button. Then it takes me to save and exit buttons there is no continue button.
Let me try once again. Any more inputs.....
Thank you
Amul
Let me try once again. Any more inputs.....
Thank you
Amul
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little_willy
12-14 01:49 AM
Sorry to hear about the situation. I would suggest re-submitting the application under premium processing with the correct information and explain that you made a mistake with the earlier application. You should receive the approval in 15 days. I would not recommend taking chances by going to the visa interview with the petition having wrong details. This will be considered fraud even though it's a screw-up by your lawyer. Also, demand your lawyer to shell out the premium processing fee.
ca_gc
05-14 05:23 PM
Didn't the last recapture of visas (AC21) happen in 2000, an election year ? Also H1B law was modified to include 20000 visas for US Masters students during 2004. Actually, history is in our favor.
Munna Bhai
10-15 01:44 PM
Hello Friends,
I have recently seen an excellent summary on this but now I am not able to find it. Below are my doubts and would appreciate some inputs or please direct me to that link...
1) Have a Job on H1B
2) Received EAD.
My Question is "Can I take up a second job on EAD and continue using H1B for my first job?"
Pl adice.
Thanks much.
PD: Feb 2005, EB2
RD: 20th July 07
ND: 17 th Aug 07
Two letter answer to your question: NO, once you use EAD(full time or part-time), you loose H1b status.
I have recently seen an excellent summary on this but now I am not able to find it. Below are my doubts and would appreciate some inputs or please direct me to that link...
1) Have a Job on H1B
2) Received EAD.
My Question is "Can I take up a second job on EAD and continue using H1B for my first job?"
Pl adice.
Thanks much.
PD: Feb 2005, EB2
RD: 20th July 07
ND: 17 th Aug 07
Two letter answer to your question: NO, once you use EAD(full time or part-time), you loose H1b status.
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