aguada
11-09 11:40 AM
My case: Perm Approved, I140 approved last year, long wait for I485. I have (had) 3 years extension till 2013
My company's lawyer was supposed to revoke H1 of say (name changed) Venkatesh Natarajan and they by mistake revoked mine because of similarity of name(Vedant Narayanan). This happened in July and got approved in August (see below for details). The day my company got to know a wrong employee's H1 was revoked they filed for reinstatement.
Here are the chronological events
Date on which my H1 revocation notice was sent to USCIS: 7/28/2010
Date on which USCIS agreed to revoke my H1: USCIS says they got our letter of revocation on 8/15/2010, but their letter was dated 9/27/2010
Date when my employer was informed by lawyer's office about revocation: 10/24/2010
Date when my company filed for reinstatement of my H1, with pre-paid FedEx packet for USCIS to use with a reply: 10/25/2010. The USCIS has not responded to this letter.
Currently the action being taken is that they are in a process to file a new H1B as a backup, if USCIS doesn't reply to the letter or if they say that revocation process can't be undone.
I read about this nunc-pro-tunc provision. Do you think my new premium H1B should be filed with the nunc-pro-tunc provision? So that my new H1 is backdated from the day it was revoked.
References:
MurthyDotCom : Nunc Pro Tunc H1B and H-4 Cases Approved (http://www.murthy.com/news/n_nunpro.html)
MurthyDotCom : Murthy Success Story - Previously Denied H-4 Nunc Pro Tunc & I-485 Approved (http://www.murthy.com/news/n_mssnpt.html)
MurthyDotCom : Eligibility under Sections 245(i) & 245(k) for AOS (http://www.murthy.com/adjsta.html)
Section 245(k)
Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.
Will this 180 days 245(k) clause help me in anyway?
How should we tackle this situation. Is there any other options that we can try, any phone number we can call? Any way we can ask USCIS to undo the revocation? Any suggestions/pointers appreciated.
Thanks
My company's lawyer was supposed to revoke H1 of say (name changed) Venkatesh Natarajan and they by mistake revoked mine because of similarity of name(Vedant Narayanan). This happened in July and got approved in August (see below for details). The day my company got to know a wrong employee's H1 was revoked they filed for reinstatement.
Here are the chronological events
Date on which my H1 revocation notice was sent to USCIS: 7/28/2010
Date on which USCIS agreed to revoke my H1: USCIS says they got our letter of revocation on 8/15/2010, but their letter was dated 9/27/2010
Date when my employer was informed by lawyer's office about revocation: 10/24/2010
Date when my company filed for reinstatement of my H1, with pre-paid FedEx packet for USCIS to use with a reply: 10/25/2010. The USCIS has not responded to this letter.
Currently the action being taken is that they are in a process to file a new H1B as a backup, if USCIS doesn't reply to the letter or if they say that revocation process can't be undone.
I read about this nunc-pro-tunc provision. Do you think my new premium H1B should be filed with the nunc-pro-tunc provision? So that my new H1 is backdated from the day it was revoked.
References:
MurthyDotCom : Nunc Pro Tunc H1B and H-4 Cases Approved (http://www.murthy.com/news/n_nunpro.html)
MurthyDotCom : Murthy Success Story - Previously Denied H-4 Nunc Pro Tunc & I-485 Approved (http://www.murthy.com/news/n_mssnpt.html)
MurthyDotCom : Eligibility under Sections 245(i) & 245(k) for AOS (http://www.murthy.com/adjsta.html)
Section 245(k)
Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.
Will this 180 days 245(k) clause help me in anyway?
How should we tackle this situation. Is there any other options that we can try, any phone number we can call? Any way we can ask USCIS to undo the revocation? Any suggestions/pointers appreciated.
Thanks
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linklinklink
06-25 02:53 PM
For those who have same problem.
I just come back from local USCIS office. They do not make changes on I-94 any more ( I did show the memo whick is outdated according to the office). Now it's direct mail service. The supervisor of the office confirmed that I do not need file I-102 form if I file I-485 to adjust status, but I do need copies of all my I-94s including the error one. Good luck to anyone.
I just come back from local USCIS office. They do not make changes on I-94 any more ( I did show the memo whick is outdated according to the office). Now it's direct mail service. The supervisor of the office confirmed that I do not need file I-102 form if I file I-485 to adjust status, but I do need copies of all my I-94s including the error one. Good luck to anyone.
Phogs
07-07 10:52 PM
If finance is not an issue with u or co. then renew it as a fall back. U'll never know that those guys in USCIS will do on your papers. So it is better to be safer than safe =)
PD 2004 ROW:(
I140/485 Pending:confused:
EAD/AP Approved:p
filed H1B Extention 4/18/2008:D comapny paid for it.
PD 2004 ROW:(
I140/485 Pending:confused:
EAD/AP Approved:p
filed H1B Extention 4/18/2008:D comapny paid for it.
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H1bslave
07-30 02:03 PM
My case is similar too, my husband filed 485 for both of us on 29th June, we both have H1b. But on June 15th one H1b transfer was filed for me (dependent in 485) which was confirmed to us on June 22nd and I joined new company on June 26th.
But the whole transfer thing is not mentioned in 485 because we were not aware at time of filling forms (june 18th).
Is this going to create problem? do we need to send update/form to USCIS about this?
But the whole transfer thing is not mentioned in 485 because we were not aware at time of filling forms (june 18th).
Is this going to create problem? do we need to send update/form to USCIS about this?
more...
anilkumar0902
12-25 09:26 AM
You are safe. Once you have reached I-485 stage, it is all about you and not your employer. You mentioned that you already changed to a new employer. Technically, your old employer should've revoked your old I-140 after your move. Since, you moved to a new employer you are indicating that your new employer also has a new job that matches your initial Labor application. You have nothing to worry about your old employer closing down.
Enjoy your EAD/AP and hope you get your GC soon.
Cheers
Enjoy your EAD/AP and hope you get your GC soon.
Cheers
PDOCT05
09-25 12:25 PM
I would be contacting Congressman from IOWA District 3 on October 2nd.
more...
eucalyptus.mp
02-18 08:11 PM
I want to transfer my H1 , I got aproject . But I dont have Jan Paystub . I have upto Dec 2008. will it cause any problem for transfer
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Suva
05-08 06:10 PM
Hi
My I140 has been denied 2 times. 1st time was in EB3 Professional and 2nd was in EB3 Skilled worker category. I am not sure the reason for the 2nd denial since I am waiting for the notice letter.
I urgently need an attorney who has recently cleared a few cases with 3 year degree (only 3 year degree not combination with Masters / Diploma etc)
If you are someone who has 3 year degree and recently got approval, please IM me your attorney's details.
Thanks
I have 3 years degree and 1 year diploma. My labor was approved in 2007 under RIR. My company attorney was Cyrus Mehta at that time.
My I140 has been denied 2 times. 1st time was in EB3 Professional and 2nd was in EB3 Skilled worker category. I am not sure the reason for the 2nd denial since I am waiting for the notice letter.
I urgently need an attorney who has recently cleared a few cases with 3 year degree (only 3 year degree not combination with Masters / Diploma etc)
If you are someone who has 3 year degree and recently got approval, please IM me your attorney's details.
Thanks
I have 3 years degree and 1 year diploma. My labor was approved in 2007 under RIR. My company attorney was Cyrus Mehta at that time.
more...
bijualex29
06-19 04:22 PM
How much time we need to wait before we start campaigning for a separate bill like SKIL bill.
I would like IV core team to Initiate some work, the work which volunteer like me can take forward. I am not good at lobbying, but I am sure with you folks help, I can do something.
Can super moderators can come up with a master plan, which we can implement at each state. Once one of the moderators commanded that � I like the Idea, but why don�t you volunteer for it, since it is run by a volunteer organization�.
I appreciate your command, but some one can lead it and let us take care of the rest. Initiation is the most difficult.
I too am busy with my work, but for the noble cause and to release the frustration which I had for this EB-system, I can take any trouble.
As I mentioned before, I can contact Sen.Mike DeWine, I met there staff before for some personal reason and they were too nice.
John Boegher ( Forgive my spelling) Majority leader is in my constituency. I can easily talk to him too.
But as an individual, it is practically impossible to make any impact, but as a group, at least 50 people with a several sign petition from each state, if we approach it can make some difference. I have some influence to get it published in Dayton daily news too.
Also if I do it at only Ohio, there may not be an impact, but if we all try to coordinate in different state, at the same time, the massive force can make lot of difference.
We can also include the University student at least can sigh the petition.
Any thought is appreciated, every time in the forum, people says � it s good idea� and leaves at that point, please it is the time, we need to act.
If we agree to my above point, we can start collecting the names and phone No with the state wise. It may take some time but surely we will keep it as backup.
Loosing the battle and telling that we will pack up and go back to India is not the solution, that is coward. I am sure, people who commended, will live for next several years complaining about the system.
I would like IV core team to Initiate some work, the work which volunteer like me can take forward. I am not good at lobbying, but I am sure with you folks help, I can do something.
Can super moderators can come up with a master plan, which we can implement at each state. Once one of the moderators commanded that � I like the Idea, but why don�t you volunteer for it, since it is run by a volunteer organization�.
I appreciate your command, but some one can lead it and let us take care of the rest. Initiation is the most difficult.
I too am busy with my work, but for the noble cause and to release the frustration which I had for this EB-system, I can take any trouble.
As I mentioned before, I can contact Sen.Mike DeWine, I met there staff before for some personal reason and they were too nice.
John Boegher ( Forgive my spelling) Majority leader is in my constituency. I can easily talk to him too.
But as an individual, it is practically impossible to make any impact, but as a group, at least 50 people with a several sign petition from each state, if we approach it can make some difference. I have some influence to get it published in Dayton daily news too.
Also if I do it at only Ohio, there may not be an impact, but if we all try to coordinate in different state, at the same time, the massive force can make lot of difference.
We can also include the University student at least can sigh the petition.
Any thought is appreciated, every time in the forum, people says � it s good idea� and leaves at that point, please it is the time, we need to act.
If we agree to my above point, we can start collecting the names and phone No with the state wise. It may take some time but surely we will keep it as backup.
Loosing the battle and telling that we will pack up and go back to India is not the solution, that is coward. I am sure, people who commended, will live for next several years complaining about the system.
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txGuy
07-17 09:02 PM
what number did you call to request FP? please share.
Thanks.
Thanks.
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Jaime
04-09 06:37 PM
http://swampland.blogs.time.com/2009/04/09/white-house-walking-softly-on-immigration/
This is nothing. This is also like Biden speaking in Central America recently. Lots of noise, but Obama is moving forward
This is nothing. This is also like Biden speaking in Central America recently. Lots of noise, but Obama is moving forward
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engineer
10-30 07:42 PM
(bump /\)
(bump /\)
(bump /\)
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marwan234
08-10 07:57 PM
they might post it late on friday as they have been working overtime. wait for it. it's weekly....isn't it? maybe tomorrow. they have been working saturdays. contractors love overtime.
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Jeetendra
02-18 10:16 PM
hi,
i have a question whether to use EAD or H1B? Initiallly i re-entered into usa after finishing my first 6yr term of H1B in June 05 on H1b. Later changed employer. New employer filed my GC using existing labor (EB3) in 2006 and also filed for i-140 & i-485 in oct 2007. so the transferred h1b is expiring on 06/2009. my ead expired in Oct 2008. I am thinking of renewing EAD than H1b which i am planning to file in this month (Feb, 2009).
questions:
1. If i go back to India in Mar 09 - Can I come back using EAD (Once its approved and someone sends my EAD & AP to India) as i haven't used EAD?
2. my transfered H1b is expiring on Jun 09 and i don't want to go to Madras to stamp the transfered company's visa on my passport as i doubt to get it - the Consulate might ask me so many questions when its expiring in june why you want to go to usa for 3 or 4 months.
3. The best bet - do i need to wait for my renewal of EAD & AP and then leave?
Please let me know as my travel plans are dependent on this.
thanks and appreciate your prompt response
thank you.
i have a question whether to use EAD or H1B? Initiallly i re-entered into usa after finishing my first 6yr term of H1B in June 05 on H1b. Later changed employer. New employer filed my GC using existing labor (EB3) in 2006 and also filed for i-140 & i-485 in oct 2007. so the transferred h1b is expiring on 06/2009. my ead expired in Oct 2008. I am thinking of renewing EAD than H1b which i am planning to file in this month (Feb, 2009).
questions:
1. If i go back to India in Mar 09 - Can I come back using EAD (Once its approved and someone sends my EAD & AP to India) as i haven't used EAD?
2. my transfered H1b is expiring on Jun 09 and i don't want to go to Madras to stamp the transfered company's visa on my passport as i doubt to get it - the Consulate might ask me so many questions when its expiring in june why you want to go to usa for 3 or 4 months.
3. The best bet - do i need to wait for my renewal of EAD & AP and then leave?
Please let me know as my travel plans are dependent on this.
thanks and appreciate your prompt response
thank you.
more...
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Raj Iyer
09-23 04:10 PM
Interesting- Never done a FOIA request for just an approval.
I might try filing an I-824 seeking a duplicate approval notice.
I might try filing an I-824 seeking a duplicate approval notice.
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alterego
08-05 11:33 PM
Then the big C may have to deal with the Deeez in majority in congress. A democratic congress will pass a most liberal immigration bill they can imagine. The republicans will be far better served compromising now than waiting if democrats take congress. Right now the Dems, the Prez and the Senate are on the same page.
more...
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ragool25
08-30 05:36 PM
Thanks mhathi for your response.
How long ( no of days) does the USCIS California center takes to decide the case for Fresh H1( F1- H1) RFE after requested documents were submitted before deadline under premium processing category.
How long ( no of days) does the USCIS California center takes to decide the case for Fresh H1( F1- H1) RFE after requested documents were submitted before deadline under premium processing category.
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regacct
05-17 09:30 AM
Took the survey, but what is the purpose of this?
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maximus777
08-25 12:28 AM
A friend of mine has PhD in aeronautics from a top tier university here in US. He will be soon starting teaching in a university and planning to file his GC under EB-1.
Are there any risks in getting I-140 approved under EB-1? or just having a PhD does not automatically qualify anyone under EB-1 category.?
Since he is born in India so reluctant to file under EB-2 due to endless wait.
Depends on whether the role for which he is applying requires a PhD or not. Once again, consult a good lawyer.
Are there any risks in getting I-140 approved under EB-1? or just having a PhD does not automatically qualify anyone under EB-1 category.?
Since he is born in India so reluctant to file under EB-2 due to endless wait.
Depends on whether the role for which he is applying requires a PhD or not. Once again, consult a good lawyer.
guyfromsg
07-18 11:59 PM
What is the best possible solution to get around different place birth on Passport and BC. Any has affidavit format for such issue please share it.
According to chat transcript from a lawyer's site some one had the same question. The answer is "USCIS does not care much about secondary document like passport and what's in the primary document like Birth certificate is important and matters". In other words they may not be comparing the passport and birth certificate for place of birth. Just my 2cents as I'm not a lawyer.
Hope this helps.
According to chat transcript from a lawyer's site some one had the same question. The answer is "USCIS does not care much about secondary document like passport and what's in the primary document like Birth certificate is important and matters". In other words they may not be comparing the passport and birth certificate for place of birth. Just my 2cents as I'm not a lawyer.
Hope this helps.
franklin
06-26 10:22 AM
That is not entirely true. Websites like Indymedia are NOT the same as the Fox News Network. This organization is the new equivalent of MoveOn.org.
When I have taken the effort to tell people the real issues at hand with the legal immigration reform needed, they DO CARE.
Indymedia is effectively a news blog run by an organization with liberal, activiist sensibilities.
We must remain open minded and creative when thinking of other avenues to spread the word. A very quick look at the site and they show TREMENDOUS support for immigration rights.
When I have taken the effort to tell people the real issues at hand with the legal immigration reform needed, they DO CARE.
Indymedia is effectively a news blog run by an organization with liberal, activiist sensibilities.
We must remain open minded and creative when thinking of other avenues to spread the word. A very quick look at the site and they show TREMENDOUS support for immigration rights.
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