Thursday, June 30, 2011

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  • kishdam
    03-09 08:25 PM
    G-28 is for attorney representation - if a registered attorney is representing an applicant we give the authoraization so that USCIS deal directly with attorney. I am not sure if there is anything like "G-28 Self". In case where we already filed G-28 and gave authorization to one attorney - changing it to another attorney seems a bit straight forward - send a new G-28 and request to supersede it with earlier one. But just cancelling the earlier one so we represent ourselve seems a bit grey. But its just my understanding if anyone has done self representation and successfull changed G-28 - please let all of us know.

    (Note: I am thinking of going with lawyer just for this G-28; my old employer may not revoke approved I140 so I was thinking of not sending AC21 letter; but want to change the lawyer representation so that any communication will get to me; no lawyer is offering just this everyone I talked to are clubbing G-28 with AC21 and charging accordingly)





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  • RDB
    09-16 01:37 PM
    There is no LAW that mandates this!......It's kind of a best practice thing - people usually recommend 6 months.

    Ok, I know this could be wrong answer... But since we are legal immigrants we need to follow all the laws!!:D





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  • maverick80
    01-30 11:37 PM
    anyone? Any help would be appreciated here.





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  • pappu
    12-05 08:24 AM
    That's true for my case. My labor certification was denied once due to the naive aknowledge of my para-legal attorney. It caused my LC was delay 1 year then I was stuck by Retrogression. Again at filing I-485, if I have not carefully studied the immi laws and reviewed my case, my attorney might mess it up. Many times I found my non-professional, clumsy knowledge on Immi laws is even better than my para-legal attorney
    http://immigrationvoice.org/forum/showthread.php?t=2453



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  • h1techSlave
    03-25 07:36 PM
    I would probably tell them that you want to go to India on an urgent personal reason and get back the passport.

    I am not sure, what other option you have after getting the passport.

    I went to US Consulate Montreal Canada yesterday and they held back my passport, Copy of LC, Originals of my I 485 and H1/H4. They told me your company is too small 7-8 employees and need to search the company. I had my H1/H4's got stamped in Toronto in 2005 without any problem.

    My I 140 is approved in June 06, Submitted I 485 in June/July 07 got EAD Cards in Oct.-07. I also got my 3 years H1/H4 approvals on Jan-18th, 08.

    Any idea how much time they are going to check the status of the company? Does the size of the company really matters? I am paid regularily and my company is a real estate investment firm, due to recent recession the profit of the company is low as compared to previous years. Will this make any difference. I am EB 3 with priority date July 30th, 2003.

    Any advise?? Has some one been in the same situation. My older son is in college and has exams on Monday? Any thoughts/suggestions.

    RV





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  • JazzByTheBay
    08-21 11:35 AM
    1) Are there any issues traveling on AP under the following circumstances??
    - there's no current H1 stamp, although H1 extension for 3 years has been approved
    - AP is expiring within 2-3 days of planned return?
    - New AP is filed/pending, Receipt Notice received
    - Employer is a Fortune 500

    2) I've read previously that they ask you if you've changed employers since filing I-485. Anybody familiar with scenarios where employers have changed??

    3) Docs I need to carry, besides... :
    - H1 Approval notices?? (All of them since day 1?)
    - I-485 Receipt Notice
    - I-140 Approval Notice (do i need this?)
    - Current AP Approval Notice
    - Pending AP Receipt Notice
    - Paystub??
    - Letter from employer??? (do I need this?)



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  • frostrated
    08-10 08:51 AM
    Thank you. Parent is doing fine.Slowly recovering.

    GC? no..I don't think I am going to get GC even this time also.
    We had our FP done on July28th. Raised a SR on Aug-2, got a response on Aug-4th, that case is pending background checks, wait for 6 months before another followup.

    I spoke to FBI customer service and they said they sent results on July 28th itself (I specifically asked if the results include background check also)


    So as it stands, I have become a sucker this time also.:mad:

    It takes about 1 to 2 weeks for the information from FBI to be tied to your case. So when your SR was raised, the inormation might not have been available yet.

    So, if you do not get greened by end of this month, raise another SR request or take an Infopass.





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  • anilsal
    12-13 11:03 AM
    That is provided the dems are in pursuit of CIR.



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  • yogeshmanohar
    07-19 10:55 AM
    We are travelling next month from SFO on advance parole and expired I 94 and expired visa stamp in passport (but valid I 797) . I 140 is approved and we have EAD.
    I was little worried about PoE scrutiny.. Above posts have made me little more comfortable about the travel.

    Thanks guys.





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  • sweet_jungle
    10-22 06:39 PM
    One of my friends had his 485 pending. He took leave of absence from company and went on to pursue full time MBA for 2 years.
    In the middle of MBA, company had to remove him from payroll due to re-org.
    Green card came in a few months.
    He is now doing a hot shot MBA job using GC.
    Will he face issues during N-400?
    Is there anything wrong in what he did?



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  • sheela
    10-12 02:45 PM
    please, poll your PD here





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  • gcinterview
    09-01 04:53 PM
    I'm in the same hole. Oct'2003 is my PD EB2I. had interview 3 months back. Was waiting so eagerly for this day. no update on my case. While I see Dec'2004 cases getting approved. Why can't USCIS do some organization and issue green card purely by priority dates rather than at the mercy of the officer. Why should they make lives of poor immigrants and green card applicants as miserable and touch as possible? Can't do anything more than feeling bad. :-(



    I recently had an interview in July end at the San Francisco Office. I am hoping that there is positive movement on my case. I wonder what the process is in local offices.

    1. Would it be that all the interviewed cases sent to a common pool where some one picks them up.. not sure what order they will pick up and then approves them till the numbers run out and then the cases are dumped back into the pile.

    OR

    2. The IO who interviewed you retains the case file in his/her office and based on the VB every month approves the cases that have completed the interview. Now if this is the case then we are at the mercy of individual IO and how organized or unorganized they personally are... wonder if they have a set procedure to follow....

    lots of questions .... no answers... only silence....



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  • smaram1
    07-28 03:24 PM
    SunnySurya - What is Your Category (Based on ur replies it is EB2) and How About Your PD?





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  • Blog Feeds
    07-13 12:48 PM
    Great news! The Hatch widows bill (which removes the requirement that a couple must have been married for two years before a US citizen dies) passed and included in that bill were provisions extending the religious worker green card program and the Conrad 30 J-1 physician waiver program. Each of these programs were extended for three years. The EB-5 regional center program for immigrant investors was permanently reauthorized by the Senate yesterday. The House must agree to these amendments before they go to the President and I do not yet know whether the bill will go back to the House...

    More... (http://blogs.ilw.com/gregsiskind/2009/07/proimmigration-amendment-added-to-senates-dhs-spending-bill.html)



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  • kanshul
    05-11 07:21 AM
    You have the wrong link..





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  • darslee
    07-11 01:36 AM
    Anything I can do to help?



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  • fide_champ
    04-09 08:17 AM
    My labour was filed in RIR on March 2005 and got approved on August 2006.

    The employer filed for a I-140 in November 2006.

    But in July 2007 while filing for I-485 the attorney filed another I-140 which triggered a duplicate filing on the previous I-140.

    Then in August 2008 when the second I-140 came for processing it got DENIED reason stating the attorney did not attach the certified labour copy while filing the I-140 (how silly it is ).

    But quickly to cover up their mistakes the attorney filed a MTR in August 2008 for the second I-140.

    My 6th year of H1B expired on November 2008 and my employer filed for 7th year extn based on approved labour and pending MTR.

    December 2008 the MTR got denied till date the employer is not talking about what happened to the MTR why it got DENIED. Subsequently my I-485 got DENIED. Also got an RFE on the 7th year H1B extn.

    Now to cover up again the attorney on the directions on my employer filed a new I-140(which is my third). And replied to the H1B RFE and the current online status shows case resumed as of January 2009.

    QUESTION:

    1. Am I technically Out of Status?
    2. If yes from when precisely?
    3. Is there any chances of applying a new H1B in premium processing?
    4. Will there be any chances of re instating the I-485 if the third I-140 gets approved?
    5. Is there a way to atleast ask the attorney to refund all the money that I have wasted because of the negligence of the attorney?

    Adding salt to the wound I have one more situation here.

    I need to renew my Indian Passport which is expiring in June 2009 (another 2 months).

    I dont have an approval notice with me, is it possible to renew the passport with the H1B receipt?

    Is there any Same Day passport service at SFO Indian Consulate?

    Kindly excuse me if I am confusing or not clear on points. I am very confused and mentally upset.

    Please GURU's I am eagerly waiting for some +tive notes.

    Thanks

    Find another attorney who is knowledgable. I have been in similar situations like these and i know how it feels. The employer should be held resposible for all the mis-haps.

    WHat happened to your first I140?

    You are techically in-status as your H1-B is still under processing.
    As for your passport renewal, the H1-B receipt should be good enough to prove that you are in status. I think the indian consulates allow you to renew passport a year before the expiry date so you actually missed renewing well before your H1 expired. But anyway there is no way out now as you have to send the receipt and pray that they accept that as a proof.





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  • GC_1000Watt
    02-01 03:24 PM
    How about multiple submissions? :D





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  • amsgc
    06-15 12:24 AM
    Once you apply for I-485, you are in "adjustment of status" - an intermediate status. No H4 is required. However, you can work only if you have a work visa or EAD. In case of a student, if you have OPT, you are ok to work.

    Thank you for your response, I appreciate it. Unfortunately, there is not OPT in this case.

    Due to the large number of cases to be received by the USCIS, it is just anybody's guess when these documents will be available, hence my question.

    My next question is, if one applies for H1 (cap exempt) for spouse, while the EAD is pending, is that allowed? I doubt if anybody had to do this, but it may be something to consider going forward.

    Thanks,

    Ams





    ThinkTwice
    07-09 08:11 PM
    Please be present and get some shots and videos if possible ..(please confirm that you can take pictures etc) .. it would be great, we in other areas would like to get a glimse of how this whole thing went down...





    small2006
    08-16 05:32 PM
    I was told that "amending" H1B is the same as applying for a new H1B. Does this mean that I will get a new 797 approval and I would have to get a new stamping on my passport? I just got my passport stamped with a 3 year extension till 2009. I don't want to go thru that again if I can avoid it.

    Thanks.



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