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Siboo

07-30 03:47 PM

but you need to improve

Take it as fun...:D

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GCplease

08-16 02:52 PM

I guess we dont have a choice but to pay.

Thank you all for your advise.

One more thing, no form G-28 was given to me to sign. What does this mean?

That is strange. When a legal attorney represents you, you should sign G-28 authorizing the attorney to act on your behalf. Check with the attorney.

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gc28262

08-27 06:37 PM

Use FOIA form to get a copy of your I-140 approval notice. It is a slow process. Can take upto a year to get the document.

USCIS - Freedom of Information and Privacy Acts (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a 1RCRD&vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD )

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manja

06-29 04:17 PM

Thank you all for your help/suggestions. I'll try to add my wife in my employer plan, may be with lower premium and higher deductible for now. Also there is this insurance I found called 'HTH global citizen' that covers pregnancy after 12 months.

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atumalla

09-26 04:33 PM

Could you post your case details ? I called USCIS they say you have to wait 90 days. How did you get past that ?

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morchu

04-21 08:46 AM

Depends on many variables.

1. What is the field of your / your spouse's job? Can you find a good job in Canada?
2. Is there any other variables that force you to be in USA. (Relatives etc..)?

For a lot of middle category jobs Canada is even better than USA. Infact Canada is more industrial than USA and has very good quality of life. But if you are going to Canada for a "hi-tech" job, think twice..... (opportunities)..

"7 years" for US citizenship is tooo optimistic.
If you are from India, it "may" take 10 years for you to get even a Green Card, filed under EB3. Browse through the forums and you will see than many of the Indians here are waiting for more than 10 years.

-Morchu

well, that really sucks, I was not aware of the 180day rule. Many thanks for the information.

So I have no other option than start all over again. One question, can I apply directly to a new LC or PERM or I need to go thru H1B first?

My Plan B is Canada, already have Canadian Permanent Resident Card, I need to enter before May 2010....I might need to decide between just moving to Canada and in 3 years get citizenship Vs. Starting new PERM process in USA .....I will be aprox 7 years away from citizenship.


Any thoughts??

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Mahatma

02-19 09:01 AM

Consult a good lawyer.

Is your spouse a US citizen? Do you want to use I-130 based greencard option?

After getting I-485 and parole etc., you are legally protected but still it is better to avoid international travel, until it is absolutely essential (deatth etc. but certainly not pleasure trips..).

As you had J1 before, it may be possible to non-cap H1 if that helps with your current job. Your status on J1 was good upto Oct 01, 2007. Current law could pardon up to 180 days of out-of-status days. Beyond that it will be 3 year bar.

Your priority should be:

1. How to avoid this 180 day situation

2. How to maintain status

-by EAD only
-or by H1 (cap or non-cap)

3. How to attain GC

-By I-130 only or

are there other options

If your spouse is a citizen, usually GC will be done in 1 or 2 years.

You need to map out prudent course of actions. Consult lawyer, ask questions, take charge of your unique situation and avoid the mistakes (unwarranted international travel, problem with law enforcement etc.).

Again, a good lawyer will be your best advisor.

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ps57002

09-14 06:37 PM

Can we somehow promote on another tri state radio...rbcradio.com I missed out on listening to this one...

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rajenk

08-12 12:46 PM

Thank you all for your response.

The reason for my opening a new thread is to get attention from other members to get my question answered. I did not want to bury my question in to those lengthy threads, and the chance of getting such question answered is highly improbable. OK now to my additional questions on this subject.

Questions:

1. Did you guys receive all the receipts (yours and dependents) together in a single postal mail?
2. If that is the case then in my situation should I safely assume my wife's application was rejected?

Please respond I have only 5 days to re-submit a new application for my wife. If I miss it then our whole GC dream will become a nightmare:(

My PD is 11/30/05 EB3

Thanks
Raj

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lvaka

05-19 01:19 PM

Dear Desertfox: Can you please advice me on the below 2 questions while efile (756 - EAD)
1. Q 14 - Manner of Last Entry into the U.S.:
(Visitor, Student, etc.) - Which option has to select from List of Values. ( DA: ADVANCE PAROLE (DISTRICT AUTH)?.

2. What do I mention for this : For (c)(9) eligibility status only
Please select the location where your
I-485 is pending:

Please provide information concerning your eligibility status:

Thanks,

Hi,

1. I was been advised by my Lawyer to pick "PAR -Parolee" if we have used our AP. But if we have last entered using H1 B then we have to pick "H1 B"

2. We have to provide the following in this field
485 receipt number - xxxxxxx
140 receipt number - xxxxxxx (This is optional)

I would put the first line with the 485 receipt number

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immi_2006

01-16 01:21 PM

I may be wrong but i read on murthy that in the 6 years of H1 if you are out of the country for few days/months/years you can file H1B as a new H1 claiming missed days/months/years. (note: your H1 will be valid for only those missed period and not another 6 years) If it is for few days/weeks it is not worth to file for recapturing.

This option was given in murthy.com for people who are on EAD and then their 485 application gets rejected. In order to extend their status for few more months they can apply for recapturing of missed period.

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rsdang

07-21 12:18 PM

Guys,

Make an infopass appointment and they can put a stamp in your passport which will allow you to travel.

Thanks
Randeep

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waitnwatch

10-02 03:31 PM

When you get a new H1-B approval you get a new I94 too in the mail .You are supposed to staple it to the old I-94 (I think this instruction is contained somewhere within the new I-94). When you leave the US you are supposed to hand over both I-94 cards (no exceptions). When you come back you get a new I-94 at immigration. The I-94 is a entry/exit departure tracking mechanism and if this record does not show up correctly when you are coming back in you may be in for some problems.

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crystal

04-28 03:08 PM

What possible reasons , you think you might get an RFE on h1-b extension?

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DesiTech

06-01 06:46 PM

You will, however, need to keep the 140 and labor alive at your old job if you are beyond the 6th year of H1 in order to obtain an H1 transfer or extension with new employer. So if you are already done with your initial 6 year term, then you will need co-operation of your current employer to prevent him from withdrawing your current labor and 140 - atleast until 365 days have passed with new PERM labor or atleast until your PERM and 140 is approved with new GC process.

If I transfer to new company, how can I keep 140 and labor alive ? Its in old company hands if they wish they can cancel correct ??

MY 6th is completing Aug,2007. So U mean the new company has to start from ground zero then will I get H1 ext. or by that period my PD will be correct. Like my current PD is 06/2003 with EB3. But if I start from scratch I would be qualify for EB2. So can I get PD of my old which was filed under EB3 to new which would be filing under EB2 if I take new offer.

Thx for ur help

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willgetgc2005

11-17 01:23 PM

And you are betting that EB will be in CIR. May or maynot be the case.
CIR may just have H1 B .

Seems bleak.SKILL is the best bet. Politically, they will want CIR to linger on so they can bicker......




if EB reform is discussed as a part of CIR in 2007, i am sure it will be 2008 by the time they start implementing it and 2009 by the time you will see any tangible benefits from it. CIR is not something that will be discussed and approved in a month. After CIR is approved (thats big if) it will take a few months for CIS to come up with the guidelines and prepare itself to handle the increased work load. Look for substantial delays.
IMO, Our best hope is if EB relief is picked up earlier and approved on its own before they talk about CIR.

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SDdesi

08-29 05:01 PM

This includes 2nd July 2007 received date.....

Its very ambiguous.....on one hand they say:The processing dates shown below represent the receipt dates of petitions and applications currently being processed by the USCIS field office
and then they also say: If the receipt date shown on your receipt notice is prior to the processing date shown below, you may call USCIS Customer Service at 1-800-375-5283

So we cannot call the USCIS even if the RD is July 2. :confused::confused::confused:

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gsc999

01-19 02:35 PM

Bump

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legal_la

07-12 12:11 PM

I think it is true that once you are counted in the cap you will not be counted again. so you can switch back and forth H4 and H1 without being counted in the quota.

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akhilmahajan

04-13 08:35 AM

I just checked what I had filed last time and this is what I have selected (c) (09).

Also, can anyone tell me, once they e-File, does it tell you where to send the documents to?

Thanks for the help.

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yabayaba

11-17 01:07 PM

Could you update your profile?

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