deecha
07-20 02:41 AM
I'd be happy if I got a second opinion (my lawyer's is the first) on this issue:
I am ready to file for my AOS(I-485) for the second time based on my employers I-140 petition and would like someone (unitednations ?) to see if there are any possible gotchas.
Chronology
========
#1 May 2001 - Come to US on H1B (California) I-94 valid till Nov 2003
#2 Oct 2001 - Change employers and get a H1 transfer (California) New I-94 valid till Feb 2004
#3 Nov 2002 - Fall in love with an American girl
#4 Dec 2002 - Quit job and move to Michigan to be with girlfriend (Out of status)
#5 March 2003 - Find job in MI, employers lawyer botches my H1 transfer / extension (Out of status)
#6 October 2003 - Fall out with employer and quit.
#7 November 2003 - Marry girlfriend (Out of status)
#8 April 2004 - Wife files I-130/I-485/I-765 (AOS Pending status)
#9 April 2004 - Find a new employer "X" and start working for him
#10 June 2004 - Wife and I have irreconcilable differences and I separate, later file for divorce
#11 June 2004 - "X" petitions for new H1B for me for FY-2005 starting in Oct.
#12 July 2004 - leave US and go back to homeland, get new H1 visa stamped with expiration date of June 2007
#13 Sept. 2004 - Come back to the US with new H1 visa stamp and get new I-94 (exp. June 2007) -----> Fresh start, eh ?
#14 Nov 2004 - Divorce final
#15 Dec 2004 - "X" files Labor RIR EB3. PD is Dec 2004
#16 Dec 2005 - "X" files labor PERM EB2. PD is Dec 2005
#17 Feb 2006 - PERM labor EB2 approved
#18 March 2006 - Voluntarily went to local CIS office and withdrew old I-485. Proof of withdrawal obtained.
#19 June 2006 - EB2 I-140 filed with copy of labor (Still pending) Obtained receipt
#20 Oct 2006 - EB3 labor approved from backlog center
#21 May 2007 - File for 7th year H1B extension
#22 Jun 2007 - EB3 I-140 filed (Still pending). Obtained receipt
#23 Jul 2007 - H1B Extension approved (new I-94 with expiration of Jun 2008)
#24 Jul 2007 - Ready to file I-485 concurrent with EB3 I-140
Since 2004 I have maintained valid non-immigrant status (I think). Will I have any issues with accrual of out of status / unlawful stay based on my actions above ?
As you can see, mine is not a straightforward case.
The million dollar question : Based on my actions in steps #4 thru #10, is there a chance that my new I-485 will be adversely affected ? If so, is there anything that anyone can tell me to remedy/rectify the situation to avoid it ?
Thanks !
I am ready to file for my AOS(I-485) for the second time based on my employers I-140 petition and would like someone (unitednations ?) to see if there are any possible gotchas.
Chronology
========
#1 May 2001 - Come to US on H1B (California) I-94 valid till Nov 2003
#2 Oct 2001 - Change employers and get a H1 transfer (California) New I-94 valid till Feb 2004
#3 Nov 2002 - Fall in love with an American girl
#4 Dec 2002 - Quit job and move to Michigan to be with girlfriend (Out of status)
#5 March 2003 - Find job in MI, employers lawyer botches my H1 transfer / extension (Out of status)
#6 October 2003 - Fall out with employer and quit.
#7 November 2003 - Marry girlfriend (Out of status)
#8 April 2004 - Wife files I-130/I-485/I-765 (AOS Pending status)
#9 April 2004 - Find a new employer "X" and start working for him
#10 June 2004 - Wife and I have irreconcilable differences and I separate, later file for divorce
#11 June 2004 - "X" petitions for new H1B for me for FY-2005 starting in Oct.
#12 July 2004 - leave US and go back to homeland, get new H1 visa stamped with expiration date of June 2007
#13 Sept. 2004 - Come back to the US with new H1 visa stamp and get new I-94 (exp. June 2007) -----> Fresh start, eh ?
#14 Nov 2004 - Divorce final
#15 Dec 2004 - "X" files Labor RIR EB3. PD is Dec 2004
#16 Dec 2005 - "X" files labor PERM EB2. PD is Dec 2005
#17 Feb 2006 - PERM labor EB2 approved
#18 March 2006 - Voluntarily went to local CIS office and withdrew old I-485. Proof of withdrawal obtained.
#19 June 2006 - EB2 I-140 filed with copy of labor (Still pending) Obtained receipt
#20 Oct 2006 - EB3 labor approved from backlog center
#21 May 2007 - File for 7th year H1B extension
#22 Jun 2007 - EB3 I-140 filed (Still pending). Obtained receipt
#23 Jul 2007 - H1B Extension approved (new I-94 with expiration of Jun 2008)
#24 Jul 2007 - Ready to file I-485 concurrent with EB3 I-140
Since 2004 I have maintained valid non-immigrant status (I think). Will I have any issues with accrual of out of status / unlawful stay based on my actions above ?
As you can see, mine is not a straightforward case.
The million dollar question : Based on my actions in steps #4 thru #10, is there a chance that my new I-485 will be adversely affected ? If so, is there anything that anyone can tell me to remedy/rectify the situation to avoid it ?
Thanks !
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tiinap
03-26 04:06 PM
Denatured, looks like no one knows the exact answer. It's only the 2nd year we've had the lottery, and last year it was unexpected so not many people had 2 applications in.
If both of your H1s are approved, then I'd imagine you'd receive two approval notices with different company names on it. I believe you'd then have to choose which one you want to use for your visa stamp, and let the other company know you have to turn down their offer. I imagine they won't be happy about it, but it's your right and if you want to be ethical you can offer to refund their H1B filing fees.
I'm not an expert but from what I know the H1B is always issued for a specific person and a specific company. You are able to change the company on that visa, but the company cannot take the visa that was issued to your name and give it to another employee.
If both of your H1s are approved, then I'd imagine you'd receive two approval notices with different company names on it. I believe you'd then have to choose which one you want to use for your visa stamp, and let the other company know you have to turn down their offer. I imagine they won't be happy about it, but it's your right and if you want to be ethical you can offer to refund their H1B filing fees.
I'm not an expert but from what I know the H1B is always issued for a specific person and a specific company. You are able to change the company on that visa, but the company cannot take the visa that was issued to your name and give it to another employee.
HV000
08-11 03:25 PM
How many applications are pending for EB2 - I in 2004?? Just trying to estimate if OCT bulletin will move forward, if any. Unfortunately, i can't file AOS for my wife until the dates are current. I'm dying to use EAD since many employers are not sponsoring H1B these days. I've lost 3 good job opportunities because of this reason!!
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varshadas
12-20 04:27 PM
Contributed $50
more...
kkt_tkk
03-09 01:12 PM
$25 contribution done.
jayleno
02-25 12:44 PM
Sanju...
I appreciate your enthusisam to respond to most of the negetive comments and thats a good thing. Try to contain yourself sometimes...otherwise people might just ignore you as another loud mouth.
ya, lets step-up a poll and have everyone vote, as if this is the US congress. And after voting leave it for someone else to work on this and other "brilliant" idea. There needs to be a reality check. This poll doesn't mean anything unless there are enough people to spend time and energy at every level. But ya, lets setup a poll and have everyone vote, it will give everyone a feel good factor that everyone contributed in the advocacy effort, how? by voting in the pool and not doing anything about how everyone votes.
.
I appreciate your enthusisam to respond to most of the negetive comments and thats a good thing. Try to contain yourself sometimes...otherwise people might just ignore you as another loud mouth.
ya, lets step-up a poll and have everyone vote, as if this is the US congress. And after voting leave it for someone else to work on this and other "brilliant" idea. There needs to be a reality check. This poll doesn't mean anything unless there are enough people to spend time and energy at every level. But ya, lets setup a poll and have everyone vote, it will give everyone a feel good factor that everyone contributed in the advocacy effort, how? by voting in the pool and not doing anything about how everyone votes.
.
more...
eb3_nepa
08-25 03:18 PM
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
Jesus Christ, this took some finding!!
Jesus Christ, this took some finding!!
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go2roomshare
07-08 09:44 PM
There is no point in sending flowers knowing nothing gonna change. it is like putting flowers to us.
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dtekkedil
07-08 12:11 PM
Where is this address on USCIS web site. I cannot find it .Can someone post the link . I want to verify before I send the flowers
http://grassley.senate.gov/releases/2006/02272006.pdf
http://grassley.senate.gov/releases/2006/02272006.pdf
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priderock
07-05 01:12 PM
Are you guys sure that Emilio Gonzalez is not on vacation or taking a day off that day ??
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hopefulgc
09-12 11:26 AM
Email, snail mail, snake mail ... lets do everything.
Do we email or snail mail these letters/posters?
Do we email or snail mail these letters/posters?
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tinamatthew
07-22 10:50 AM
So, basically if I get a new I-94, am I in status again? Someone mentioned that you should be in status since your last arrival to the US. That was in 2004. So, i was under teh impression that I had to leave the country and return and things would be OK.
If you know, can you PM me any lawyer who you can help in this matter?
Yes when you leave the country you are in status again! for i-485 AOS, USCIS will look at your status since your LAST entry into the country
If you know, can you PM me any lawyer who you can help in this matter?
Yes when you leave the country you are in status again! for i-485 AOS, USCIS will look at your status since your LAST entry into the country
more...
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alisa
02-02 08:45 PM
Can someone please explain in more detail how visa numbers are divided up.
For example, if you have 140K visas, how many go to
EB1
EB2 ROW, EB2 India, EB2 China, EB2 phillipines
EB3 ROW, EB3 Indian, EB3 China, EB3 Phillipines.
What happens with EB1 has unused visas? How do they flow?
What happens with EB2 has unused visas? Where do they go?
An illustrative example would be great.
Visas are divided equally -country wise quota - no country can have more than 7% of worldwide quota. Countries like India, China, Mexico, Phillipines that have more professionals in the USA. So these countries get retrogressed. EB(Employment based) greencard applicants from these countries have to wait.
Rest of the world (ROW) EB2 (ROW) do not have to wait, their dates are current.
For example, if you have 140K visas, how many go to
EB1
EB2 ROW, EB2 India, EB2 China, EB2 phillipines
EB3 ROW, EB3 Indian, EB3 China, EB3 Phillipines.
What happens with EB1 has unused visas? How do they flow?
What happens with EB2 has unused visas? Where do they go?
An illustrative example would be great.
Visas are divided equally -country wise quota - no country can have more than 7% of worldwide quota. Countries like India, China, Mexico, Phillipines that have more professionals in the USA. So these countries get retrogressed. EB(Employment based) greencard applicants from these countries have to wait.
Rest of the world (ROW) EB2 (ROW) do not have to wait, their dates are current.
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H1BDreamer
05-27 09:54 AM
Hi, I'm very tensed. I applied for H-1B under master CAP. I have finished all degree requirements including depositing PhD thesis. However, at the time of filing I could not wait for a letter from the registrar (it takes 5 business days).
So, I filed with a letter from my dept. The letter has the letterhead of the university and states that I completed all degree requirements and will graduate May 13th. It is signed by the dept associate dean.
Would that suffice? Could the petition be denied?
I have seen some denials but all for ppl who hasn't actually completed all requirements at the time of filing.
The petition was filed under regular processing, VSC. I got a receipt notice dated April/24. Online status still shows case pending.
Thanks for any replies.
So, I filed with a letter from my dept. The letter has the letterhead of the university and states that I completed all degree requirements and will graduate May 13th. It is signed by the dept associate dean.
Would that suffice? Could the petition be denied?
I have seen some denials but all for ppl who hasn't actually completed all requirements at the time of filing.
The petition was filed under regular processing, VSC. I got a receipt notice dated April/24. Online status still shows case pending.
Thanks for any replies.
more...
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GCchakravyuh
07-17 07:22 PM
Like in the movies Rang De Basanti .. newer generation was compared to Freedom Fighters and like in Lage Raho Munna Bhai -we had Non Violence portest Heroes, I am seeing very comparble Heroes in the Immigration Voice Core team. It does take lots of guts and courage to do the right thing , at such a high , sensitive level , with peacful, intelligent talks... especially in a land which is not yours for sure yet.
Kudos CORE TEAM as well as Congresswoman Zoe L... you have made HISTORY indeed . You have blessing of all who have been recovered out of the stressful chaos.
By the way which handle initiated the Flowers Idea?.. Congrats to you you for your smart ideas.
Kudos CORE TEAM as well as Congresswoman Zoe L... you have made HISTORY indeed . You have blessing of all who have been recovered out of the stressful chaos.
By the way which handle initiated the Flowers Idea?.. Congrats to you you for your smart ideas.
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GC_Optimist
12-19 08:22 PM
Contributed $25 dollars through Personal Check. IV team please confirm
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amulchandra
07-17 07:59 PM
Thank you very much for everything. You proved "united we win"
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GCStatus
09-17 11:33 PM
GCStatus,
We would like to pass the baton to you. Its not "my" website. You are free to take it. Kindly let us your a number to reach you and we will start the process.
Thanks,
BTW, no one is telling you the credentials, just letting you know that your rude posting about Admins hiding in a secret place is not appreciated. You cut-past one post, what about your other posts. Do you want me to post them here? Now lets get back to "ownership" and "rudeness" debate because it always turns out that way. You can say anything and if Admin responds, all of a sudden Admin is showing attitude, Admin is rude, freedom of speech, Ist amendment, Admins is dictators, Admins are like Hitler etc etc . Nothing new, we have seen this story repeat countless times.
And one more thing, you are busier and others have all free time. Is that right?
Please post all my e-mails here and tell me where i am rude.. This is getting funnier.
Secret location is like a joke mentioned coz i didnt get response for 4 or 5 e-mails. If you call that rude, dont know what to say.
We would like to pass the baton to you. Its not "my" website. You are free to take it. Kindly let us your a number to reach you and we will start the process.
Thanks,
BTW, no one is telling you the credentials, just letting you know that your rude posting about Admins hiding in a secret place is not appreciated. You cut-past one post, what about your other posts. Do you want me to post them here? Now lets get back to "ownership" and "rudeness" debate because it always turns out that way. You can say anything and if Admin responds, all of a sudden Admin is showing attitude, Admin is rude, freedom of speech, Ist amendment, Admins is dictators, Admins are like Hitler etc etc . Nothing new, we have seen this story repeat countless times.
And one more thing, you are busier and others have all free time. Is that right?
Please post all my e-mails here and tell me where i am rude.. This is getting funnier.
Secret location is like a joke mentioned coz i didnt get response for 4 or 5 e-mails. If you call that rude, dont know what to say.
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bsbawa10
09-05 04:55 PM
I am not seeing similar outrage as we saw last year.
The time to act is now.
Because many of us the green cards ..so the fire got extinguished. I am ready to write letter to Zoe. Can the following be the rough draft ? Also, does anybody have the address where it can be sent ?
One more thing, if you think this thread will become very long editing this letter, feel free to use collaboration by visiting the link http://docs.google.com/Doc?id=dd4vkcmm_119vmrj2gfs and editing the letter. Please keep a local copy also just in case some mischievous element wipes it off.
Dear Zoe Lofgren,
Once again we wanted your help in getting the broken and unorganized process of green card streamlined. In July, 2008 USCIS announced that the people with priority dates upto June 2006 are eligible to have their I485 applications processed. When the time actually came to process them.
1. Instead of processing them according to the priority dates, they started processing them randomly (although the claim is that they process them according to received dates which is neither true not justified even if it was true) causing people who have been waiting for years(Many of them since 2003 or 2003) to not get their green card and the people who had their priority dates as late as 2006 were issued the green cards.
2. In the middle of August, they unofficially put the processing on hold (no official announcement to prevent the situation/lawsuit as the last year).
3. The customer service is totally inconsistent in giving individual answers. We get different answers at different times and most of them are either incomplete or unsatisfying. They also direct us to write letter to the service center directly which results in the response asking us to check website or call 1.800 number none of which again inform the real status of the case. In other words, it is a never ending loop.
Please help us in resolving the problem as you did last year.
Thanks.
....******
The time to act is now.
Because many of us the green cards ..so the fire got extinguished. I am ready to write letter to Zoe. Can the following be the rough draft ? Also, does anybody have the address where it can be sent ?
One more thing, if you think this thread will become very long editing this letter, feel free to use collaboration by visiting the link http://docs.google.com/Doc?id=dd4vkcmm_119vmrj2gfs and editing the letter. Please keep a local copy also just in case some mischievous element wipes it off.
Dear Zoe Lofgren,
Once again we wanted your help in getting the broken and unorganized process of green card streamlined. In July, 2008 USCIS announced that the people with priority dates upto June 2006 are eligible to have their I485 applications processed. When the time actually came to process them.
1. Instead of processing them according to the priority dates, they started processing them randomly (although the claim is that they process them according to received dates which is neither true not justified even if it was true) causing people who have been waiting for years(Many of them since 2003 or 2003) to not get their green card and the people who had their priority dates as late as 2006 were issued the green cards.
2. In the middle of August, they unofficially put the processing on hold (no official announcement to prevent the situation/lawsuit as the last year).
3. The customer service is totally inconsistent in giving individual answers. We get different answers at different times and most of them are either incomplete or unsatisfying. They also direct us to write letter to the service center directly which results in the response asking us to check website or call 1.800 number none of which again inform the real status of the case. In other words, it is a never ending loop.
Please help us in resolving the problem as you did last year.
Thanks.
....******
nirenjoshi
03-09 12:21 PM
$25 donated via paypal
sin94
03-07 11:40 PM
how to contribute 25$ for this initiative
Let me know how to contribute via paypal or mail it to IV
Let me know how to contribute via paypal or mail it to IV
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