martinvisalaw
07-16 03:00 PM
Hi,
What are my options here? Is there a way this case can be fixed and brought back on track or am I in a no-go situation? Please advise on the next steps.
You can refile the 485, if your priority date is current. However, if you filed in the crush of 485s done in Aug 2007, I suspect that your priority date is now backlogged again.
Hopefully you do have H-1B status. Otherwise, as the prior poster says, you are no longer authorized to be in the US.
I don't know if the MTR can be appealed in any way, it depends on how it was filed and why it was denied.
As regards filing a formal complaint against the attorney - that varies by state. You can check your state bar rules about this. It was a very unfortunate mistake to miss one question on the 485, but probably not serious enough for the state bar to impose any sanctions.
What are my options here? Is there a way this case can be fixed and brought back on track or am I in a no-go situation? Please advise on the next steps.
You can refile the 485, if your priority date is current. However, if you filed in the crush of 485s done in Aug 2007, I suspect that your priority date is now backlogged again.
Hopefully you do have H-1B status. Otherwise, as the prior poster says, you are no longer authorized to be in the US.
I don't know if the MTR can be appealed in any way, it depends on how it was filed and why it was denied.
As regards filing a formal complaint against the attorney - that varies by state. You can check your state bar rules about this. It was a very unfortunate mistake to miss one question on the 485, but probably not serious enough for the state bar to impose any sanctions.
wallpaper in context: FIFA World Cup
priderock
05-02 12:46 AM
Link : (http://judiciary.house.gov/media/pdfs/Kaplan070501.pdf)
Very interesting read.
Very interesting read.
kart2007
11-18 07:55 PM
its down, so .. so what? how does it matter?
Did you even read my first post?
No one would like their documents delivered to a wrong address, sent back and lost in mail etc?
Did you even read my first post?
No one would like their documents delivered to a wrong address, sent back and lost in mail etc?
2011 host the word cup 2018 and
permfiling
08-13 05:47 PM
permfiling,
A lot folks want to use AC21 but lawyers suggest not actually filing AC21.
So if I take the AC21 approach, but not file AC21 itself (I know this sounds a bit off kilter) wouldn't I be just fine (assuming of course job profiles from Company A & B are a comparable)?
I believe this is the tack Company B lawyer is suggesting.
Here's something I read on another lawyers website w.r.t. AC21:
1. Since GC is for future job you can use AC21 with a new employer if job profile is same. You do not ever, in past/present or future, have to work for the sponsor company.
2. AC21 notification to USCIS is not a MUST requirement. There is an 'expectation' that USCIS will be informed.
Thanks,
I think you can give a shot as USCIS officer will be smart enough to deduce in the first place that the previous I-140 was not withdrawn
2. Title indicates same job
3. Since they have access to all the H1-b filings and PERM, Officer can easily look up your info,
I think you can go ahead and file the 485 but dont explicitly mention AC21.
I hope we all in the same boat should try out and see ..
A lot folks want to use AC21 but lawyers suggest not actually filing AC21.
So if I take the AC21 approach, but not file AC21 itself (I know this sounds a bit off kilter) wouldn't I be just fine (assuming of course job profiles from Company A & B are a comparable)?
I believe this is the tack Company B lawyer is suggesting.
Here's something I read on another lawyers website w.r.t. AC21:
1. Since GC is for future job you can use AC21 with a new employer if job profile is same. You do not ever, in past/present or future, have to work for the sponsor company.
2. AC21 notification to USCIS is not a MUST requirement. There is an 'expectation' that USCIS will be informed.
Thanks,
I think you can give a shot as USCIS officer will be smart enough to deduce in the first place that the previous I-140 was not withdrawn
2. Title indicates same job
3. Since they have access to all the H1-b filings and PERM, Officer can easily look up your info,
I think you can go ahead and file the 485 but dont explicitly mention AC21.
I hope we all in the same boat should try out and see ..
more...
solaris27
05-31 05:42 PM
how can any h1b visa holder own 33% in LLC .
I thought in LLC all members should be GC/Citizens only .
Please clearify .
I thought in LLC all members should be GC/Citizens only .
Please clearify .
Macaca
02-08 10:25 AM
US educated have a separate H1B quota. That quota takes a while to get over. Are Intel/Microsoft interested in increasing that quota only? Increasing this quota should not be as difficult.
more...
bo12b
11-26 03:46 PM
Bumping this one more time. I am sure some of you have explored this possibility. Please respond.
bo12b
Hello all,
My 6 year H1B is ending on May 21, 2009. I am eligible to file for a 3 year extension since my 140 is approved and I485 has been filed in Aug 2007. However, my current job situation is pretty shaky and I could be laid off anytime. I have an EAD but would like to continue my H1 because my priority date is Jan 2007 (EB3 India)...i.e. a long GC wait. I have been told by my current employer's attorney that I can start the process of extension 6 months prior to current H1B expiring.
But given my job situation, I was thinking of looking for employment with another employer as soon as possible. Will the new employer be able to file for my H1 transfer AND H1 extension at the same time?
OR
Will they have to file for a transfer first (valid from date of switching to May 21, 2009), then wait for approval and then file for the 3 year extension??
I tried looking around for my question but could not find good thread for answer. Please let me know your views and/or point me to a good source for this information.
Thanks
Bo12b
bo12b
Hello all,
My 6 year H1B is ending on May 21, 2009. I am eligible to file for a 3 year extension since my 140 is approved and I485 has been filed in Aug 2007. However, my current job situation is pretty shaky and I could be laid off anytime. I have an EAD but would like to continue my H1 because my priority date is Jan 2007 (EB3 India)...i.e. a long GC wait. I have been told by my current employer's attorney that I can start the process of extension 6 months prior to current H1B expiring.
But given my job situation, I was thinking of looking for employment with another employer as soon as possible. Will the new employer be able to file for my H1 transfer AND H1 extension at the same time?
OR
Will they have to file for a transfer first (valid from date of switching to May 21, 2009), then wait for approval and then file for the 3 year extension??
I tried looking around for my question but could not find good thread for answer. Please let me know your views and/or point me to a good source for this information.
Thanks
Bo12b
2010 2018 World Cup
chi_shark
07-07 05:58 PM
Thanks for reply, if you don't mind, do you have the USCISs' announcement link about this pre-adjudication ? Does it say those who pre-adjudicated will not get any future RFE/Denials ?
that, my friend, is a million dollar question!
that, my friend, is a million dollar question!
more...
waitin_toolong
11-30 08:57 AM
The emails are sent only when there is a status change not for updates and the delays in the emails are at least at this time due to the fact that they are not updating the status immediately but mailing the documents first.
hair Russia and Qatar to host 2018
andreafejes26
03-31 11:17 PM
Thanks a lot for your comments. They are really helpful.
In case I do what you mention, what normally comes with a rejection? would the USCIS go further (beyond the simple denial), and rule that I was out status penalizing/prohibiting me to enter the country?
Should it be better if I just leave the country and wait for the approval outside the US? I guess Im prepared for a denial, what concerns me the most is jeopardizing B1-B2 Visa or as you said to be prohibited to enter the country.
Do you know the "standard" wording for USCIS decision in cases like mine?
Thanks a lot again, I really appreciate your comments.
In case I do what you mention, what normally comes with a rejection? would the USCIS go further (beyond the simple denial), and rule that I was out status penalizing/prohibiting me to enter the country?
Should it be better if I just leave the country and wait for the approval outside the US? I guess Im prepared for a denial, what concerns me the most is jeopardizing B1-B2 Visa or as you said to be prohibited to enter the country.
Do you know the "standard" wording for USCIS decision in cases like mine?
Thanks a lot again, I really appreciate your comments.
more...
meridiani.planum
07-17 12:45 PM
Traveling for the 1st time on AP (used H1 stamp previously, now I am on ead), wanted to know how the experience at SFO is. Do they always send you for secondary inspection? Anything else to know beforehand?
here's the list of docs I have from earlier post:
(http://immigrationvoice.org/forum/forum76-travel-out-of-country-and-re-entry-during-after-485-filing/24709-good-to-carry-documents-for-ap-travelers.html)
- All copies of AP
- EAD
- Passport, of course
- 485 receipt notice (Good to carry)
- 140 approval notice (Good to carry)
- Labor approval notice (Good to carry)
- Company identification card/badge (Good to carry)
- Current employment verification letter (Good to carry, I never did and I was okay)
- Old stamped APs, if you have used AP to travel in the past (Good to carry)
anything else?
Also, when leaving Bangalore, any issues if you only have an AP and no H1 stamping?
thanks.
here's the list of docs I have from earlier post:
(http://immigrationvoice.org/forum/forum76-travel-out-of-country-and-re-entry-during-after-485-filing/24709-good-to-carry-documents-for-ap-travelers.html)
- All copies of AP
- EAD
- Passport, of course
- 485 receipt notice (Good to carry)
- 140 approval notice (Good to carry)
- Labor approval notice (Good to carry)
- Company identification card/badge (Good to carry)
- Current employment verification letter (Good to carry, I never did and I was okay)
- Old stamped APs, if you have used AP to travel in the past (Good to carry)
anything else?
Also, when leaving Bangalore, any issues if you only have an AP and no H1 stamping?
thanks.
hot Next. Qatar#39;s Emir Sheikh
waitforgc1
05-07 04:42 PM
Yes i do have soft LUD on my 485 applications@TSC on 04/29/2009.
more...
house of the 2018 World Cup
dehradoon
06-14 07:13 PM
Hey did you get the receipt notices(485/ead/aos) mailed to you directly from USCIS or it went to your attorney?
It comes to the address specified on the form that you filled for EAD
It comes to the address specified on the form that you filled for EAD
tattoo 5 comments. LUSAIL CITY, QATAR
gcnotfiledyet
02-28 01:52 PM
For any given fiscal year, either you are on f1 or h1. If for majority of the year (>183days) you are on f1 then claim as f1 for the whole year otherwise its h1.
If you are on f1 you do not pay ssn/medicare. You should get it back from your employer if they have deducted it. If they have already paid it to IRS then you should get it back from IRS. Contact your employer. Also your overall burden for federal/state taxes is less when you are on f1.
If you are on h1 for the whole year then you will not get back fica taxes. You also cannot claim fica taxes as deductions from your AGI. If you have not paid state taxes then you will have to pay them on h1 when you file for taxes.
Contact an attorney/CPA for advise. Take any advise on this forum as a guidance. Best is to contact your employer/international students office.
If you are on f1 you do not pay ssn/medicare. You should get it back from your employer if they have deducted it. If they have already paid it to IRS then you should get it back from IRS. Contact your employer. Also your overall burden for federal/state taxes is less when you are on f1.
If you are on h1 for the whole year then you will not get back fica taxes. You also cannot claim fica taxes as deductions from your AGI. If you have not paid state taxes then you will have to pay them on h1 when you file for taxes.
Contact an attorney/CPA for advise. Take any advise on this forum as a guidance. Best is to contact your employer/international students office.
more...
pictures 2018 World Cup and Qatar
gc_chahiye
02-11 01:28 AM
Also, there is no way that they can reduce the backlog if they end up waiting for the PDs to be current.
I think you missed the point: if no PD is current, then there are no backlogs.
If a case cannot be approved because it exceeds the regulatory requirements, it wont count as a backlogged case. It will sit there, gathering dust, but wont be counted in any of these stats...
I think you missed the point: if no PD is current, then there are no backlogs.
If a case cannot be approved because it exceeds the regulatory requirements, it wont count as a backlogged case. It will sit there, gathering dust, but wont be counted in any of these stats...
dresses the Fifa World Cup 2018
sandy_anand
10-04 10:17 AM
Here is a file for Chinese EB3 visa usage and WW EB3 visa usage from the same source. Again, same disclosure as my previous post :-). Thanks.
more...
makeup Russia to host 2018 World Cup;
dcrtrv27
10-09 02:33 PM
This happens from time to time dont know why but it happens.It happened for my wife too , we had efiled for EAD and her application status showed that notice(FP) returned as undeliverable. My wife wrote back to USCIS
saying that she had received all her prior communication from USCIS here
(for example we put in copies of 485 recipt notice,485 FP notice,EAD recipt notice) and it seems to a mistake of USPS. She also wrote to the Local Postmaster as to why the notice from USCIS was returned and in future all this should not reoccur. Within a day or two we got her EAD approved and recieved it in mail.
The point I am trying to make is that calling(it might not be the best option as lines are busy,reps dont have the info you would like etc) as well as writing does help when u know the where to send mail , we were lucky as we had efiled so it does specify where to send the application and docs .Good Luck.
In my case just now I called up again with POJ method got hold of nice IO. She took her own time to dig out all teh information rleated to my case and saught confirmation on many things like address name etc. After few minutes she said dont worry about the online status my case is assigned to officer. I hope whatever the outcome will be good.
saying that she had received all her prior communication from USCIS here
(for example we put in copies of 485 recipt notice,485 FP notice,EAD recipt notice) and it seems to a mistake of USPS. She also wrote to the Local Postmaster as to why the notice from USCIS was returned and in future all this should not reoccur. Within a day or two we got her EAD approved and recieved it in mail.
The point I am trying to make is that calling(it might not be the best option as lines are busy,reps dont have the info you would like etc) as well as writing does help when u know the where to send mail , we were lucky as we had efiled so it does specify where to send the application and docs .Good Luck.
In my case just now I called up again with POJ method got hold of nice IO. She took her own time to dig out all teh information rleated to my case and saught confirmation on many things like address name etc. After few minutes she said dont worry about the online status my case is assigned to officer. I hope whatever the outcome will be good.
girlfriend 2018 and 2022 World Cup.
crazyghoda
05-08 10:53 AM
Did they issue your EAD from the time the previous one expired or from the current date. If current date, you'd have lost about 3 months or validity.
Some people I know got EADs from the next day following the expiration of their current EAD. I however got from approval date. Its all so inconsistent.
I got EAD in 2 weeks from filing to receipt of cards in hand.
USCIS has certainly improved a lot.
Some people I know got EADs from the next day following the expiration of their current EAD. I however got from approval date. Its all so inconsistent.
I got EAD in 2 weeks from filing to receipt of cards in hand.
USCIS has certainly improved a lot.
hairstyles FIFA#39;s World Cup will be held
getta05
03-27 10:40 PM
Oh no
Im on a L2 visa.
Im on a L2 visa.
jetflyer
02-15 03:17 PM
If each state in India were a country
There would have been no backlog.
You are correct then only Andhra Pradesh have been retrogressed. If you remove AP from that equation. everything will be normal.
I can bet 90 percent of the GC applicants are from India are from AP.
Jet
There would have been no backlog.
You are correct then only Andhra Pradesh have been retrogressed. If you remove AP from that equation. everything will be normal.
I can bet 90 percent of the GC applicants are from India are from AP.
Jet
EkAurAaya
10-19 10:03 AM
I don't have an A#? Where can i find that.
Should be on your EAD (alien #)
Should be on your EAD (alien #)
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