glus
12-16 09:09 AM
I have a big problem that I got approved on the H1 Recapture to get back into US on January 15, 09 though my attorney screwed up by putting someone else background into the Petition Letter submitted to USCIS with my application. The petition letter to USCIS is all wrong. It states the wrong education, work experience and job duty. They put somebody else background into mine. They put the correct sponsoring company on the first page of the letter though at the end of the second page they put the wrong sponsoring company. In this case, what should I do and what should I answer at the US Consular in Malaysia to get my H1 Visa? What should I do now? Please advise. Do I have to resubmit the application back to USCIS? Will I get rejected? Please help. Thank you very much.
I work in an immigration law office, so I know the general procedure.
Suggestion: First, inform your attorney of your intent to disclose this mistake with a state Bar and wait how he deals with it. Do not be afraid. This is due process and you have right to do it. Keep all mail receipts for records and copies of all and ANY correspondence with the attorney. Wait how he responds. Normally, your attorney should admit the mistake and straight things up with USCIS on himself.This is because an attorney can loose a license to practice in his state if he does not fix this after you file a complaint with state BAR. If you receive no feedback, you should inform a state BAR about this to protect your self. Then, go to a different attorney's office and try to work with a new attorney to straight things out. This is serious. Contact me via PM if you need more info. thanx.
Remember: USCIS keeps a copy of each thing you send. So, sooner or later this important mistake may surface and cause you trouble. That's why you need to fix this out.
I work in an immigration law office, so I know the general procedure.
Suggestion: First, inform your attorney of your intent to disclose this mistake with a state Bar and wait how he deals with it. Do not be afraid. This is due process and you have right to do it. Keep all mail receipts for records and copies of all and ANY correspondence with the attorney. Wait how he responds. Normally, your attorney should admit the mistake and straight things up with USCIS on himself.This is because an attorney can loose a license to practice in his state if he does not fix this after you file a complaint with state BAR. If you receive no feedback, you should inform a state BAR about this to protect your self. Then, go to a different attorney's office and try to work with a new attorney to straight things out. This is serious. Contact me via PM if you need more info. thanx.
Remember: USCIS keeps a copy of each thing you send. So, sooner or later this important mistake may surface and cause you trouble. That's why you need to fix this out.
immuser
10-22 03:23 PM
I got receipts on Oct 20 for my application sent on Jul 18 and received by USCIS on 19th. I sent it to NSC and get receipts from TSC.
however, the receipt date is Aug 17th. Can others share their receipt dates? is it close to the date received by USCIS ?
I am afraid this might affect the overall processing time badly.
however, the receipt date is Aug 17th. Can others share their receipt dates? is it close to the date received by USCIS ?
I am afraid this might affect the overall processing time badly.
surabhi
09-16 02:21 PM
Hello Gurus,
I am July 2nd filer like so many others. I have changed employer after 9 month of filing I-485. I-140 was approved in Jun 2007. I have AP approved.
My question : Is it advisable to travel to India and come back on AP? the reason I am asking is I have changed the employer? Will that affect my entry back to USA in any way at immigration check? Please advise.
Thanks in advance.
--Srinivas
There is no risk. I recently traveled and came back on AP and I changed jobs and no longer work with sponsoring employer.
There is always a nut case if you are not lucky and will probably cause some grief, but will not stop you from entering US.
I am July 2nd filer like so many others. I have changed employer after 9 month of filing I-485. I-140 was approved in Jun 2007. I have AP approved.
My question : Is it advisable to travel to India and come back on AP? the reason I am asking is I have changed the employer? Will that affect my entry back to USA in any way at immigration check? Please advise.
Thanks in advance.
--Srinivas
There is no risk. I recently traveled and came back on AP and I changed jobs and no longer work with sponsoring employer.
There is always a nut case if you are not lucky and will probably cause some grief, but will not stop you from entering US.
yabadaba
06-29 02:30 AM
i just saw the immigration portal threads...interesting...dont think its too bad tho.
more...
sk2006
08-19 12:29 PM
OK.
I got the magic mail today welcoming the new permanent resident.
It talks about ADIT processing(see below).
What does this mean?
I haven't received "CARD PRODUCTION ORDERED" email.
It is normal?
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On August 18, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
(PD sep 2004, Nebraska, USCIS receipt date: 7/27/2007, notice date : Aug 20, 2007.)
I got the magic mail today welcoming the new permanent resident.
It talks about ADIT processing(see below).
What does this mean?
I haven't received "CARD PRODUCTION ORDERED" email.
It is normal?
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On August 18, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
(PD sep 2004, Nebraska, USCIS receipt date: 7/27/2007, notice date : Aug 20, 2007.)
chanduv23
07-11 05:08 PM
We can use this text, but it is better to use AILA links or contact list we have in IV
more...
gandalf_gray
06-02 11:18 AM
tricky situation indeed and I think it depends on how the "Last action rule" gets interpreted. A telphone consultation with attorney is probably in order.
To my mind, going out of country and reentering is envitable in either situation.
1) you apply for L1 extension, get that. Then to be able to work on H1, you need to exit and reenter to get a H1 based I-94 since the last action was approval of L1 extension.
Attorney should confirm this.
2) Let L1 expire. Exit country upon expriy of L1 and reenter using I-797 for H1.
3) apply for L1, doesnt get approved until 10/01 then you are obviously starting on H1 on 10/1 and no further action required. Again attorney is best one to confirm
In essence, in any event, you will not lose H1, but might have to go thru hassle of exit / entry to change status
Surabi. thanks a lot. gave a good insight. will contact an attorney.
but ONe thing I missed to mention : my h1 is only lottery-selected as of now.
So even if I apply for L1 extn, I dont know which might get approved first !! .
does that change anything ?
To my mind, going out of country and reentering is envitable in either situation.
1) you apply for L1 extension, get that. Then to be able to work on H1, you need to exit and reenter to get a H1 based I-94 since the last action was approval of L1 extension.
Attorney should confirm this.
2) Let L1 expire. Exit country upon expriy of L1 and reenter using I-797 for H1.
3) apply for L1, doesnt get approved until 10/01 then you are obviously starting on H1 on 10/1 and no further action required. Again attorney is best one to confirm
In essence, in any event, you will not lose H1, but might have to go thru hassle of exit / entry to change status
Surabi. thanks a lot. gave a good insight. will contact an attorney.
but ONe thing I missed to mention : my h1 is only lottery-selected as of now.
So even if I apply for L1 extn, I dont know which might get approved first !! .
does that change anything ?
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camilopino
01-08 04:33 PM
Yep, it is current.
Would it be reasonable to expect te green card to be approved about three months after biometrics, or is there no relationship at all?
Would it be reasonable to expect te green card to be approved about three months after biometrics, or is there no relationship at all?
more...
newbee7
07-05 12:14 PM
^
^
^
^
^
eucalyptus.mp
02-17 04:33 PM
Hi My emplyer is saying that he will apply for extention 3 months before expiry . So I guess he will apply in July . So in that case I need the Paystubs of May and June . Am I right ?
more...
desi485
09-16 02:30 PM
There is no risk. I recently traveled and came back on AP and I changed jobs and no longer work with sponsoring employer.
There is always a nut case if you are not lucky and will probably cause some grief, but will not stop you from entering US.
I myself have travelled using AP and the experience was plesant. Also I have not heard about anybody who was NOT ALLOWED to re-enter with a valid AP in hand. Very rare few ppl reported rude treatment but still they were finally allowed. Hopefully, you should have a trouble free - stress free experience. Good Luck!
There is always a nut case if you are not lucky and will probably cause some grief, but will not stop you from entering US.
I myself have travelled using AP and the experience was plesant. Also I have not heard about anybody who was NOT ALLOWED to re-enter with a valid AP in hand. Very rare few ppl reported rude treatment but still they were finally allowed. Hopefully, you should have a trouble free - stress free experience. Good Luck!
amit_sp
07-16 09:29 AM
Hello: Here's the original article.
http://online.wsj.com/article_email/SB118455917060167397-lMyQjAxMDE3ODE0NjUxNTY5Wj.html
see Greg Siskind's blog :
http://blogs.ilw.com/gregsiskind/
An alert reader sent me the following this morning. Miriam Jordan of the WSJ is reporting
Looking to resolve a messy immigration tangle, the U.S. government is close to announcing that it will accept at least some applications for work-based green cards that were filed by thousands of skilled workers in early July at the government's invitation and then abruptly rejected.
This would be hugely disappointing news if true and, according to a source, this was NOT the deal on the table over the weekend. It also will fail to address the three crises facing USCIS:
- fighting multiple lawsuits including at least two class action matters
- staving off congressional hearings and the release of embarrassing documents
- answering press inquiries over why USCIS skipped security clearances during a time when the US is under threat of a major terrorist attack
One would hope that common sense would outweigh USCIS' anti-immigrant instincts. Like an addict that's out of control, it's time for an intervention.
http://online.wsj.com/article_email/SB118455917060167397-lMyQjAxMDE3ODE0NjUxNTY5Wj.html
see Greg Siskind's blog :
http://blogs.ilw.com/gregsiskind/
An alert reader sent me the following this morning. Miriam Jordan of the WSJ is reporting
Looking to resolve a messy immigration tangle, the U.S. government is close to announcing that it will accept at least some applications for work-based green cards that were filed by thousands of skilled workers in early July at the government's invitation and then abruptly rejected.
This would be hugely disappointing news if true and, according to a source, this was NOT the deal on the table over the weekend. It also will fail to address the three crises facing USCIS:
- fighting multiple lawsuits including at least two class action matters
- staving off congressional hearings and the release of embarrassing documents
- answering press inquiries over why USCIS skipped security clearances during a time when the US is under threat of a major terrorist attack
One would hope that common sense would outweigh USCIS' anti-immigrant instincts. Like an addict that's out of control, it's time for an intervention.
more...
gemini23
08-02 01:41 PM
Yes, you are correct. They just need copies at the time of application, they can ask for originals if needed later if there is an interview. But yes, still I got my orginials in courier.
Gemini,
Isn't it enough to send a copy of the Affidavits of Birth and not the original. I think USCIS requires only copies of all documents. Correct me if I am wrong.
Gemini,
Isn't it enough to send a copy of the Affidavits of Birth and not the original. I think USCIS requires only copies of all documents. Correct me if I am wrong.
sundeep14
10-29 01:00 PM
I checked my current labor certification. it has the following details :
ETA FORM 9089
A) PREVAILING WAGE INFORMATION
SOC/O*NET(OES) CODE
15-1031.00
OCCUPATONAL TITLE
COMPUTER SOFTWARE ENGINEER
B) JOB OPPORTUNITY INFORMATION
JOB TITLE: SOFTWARE ENGINEER(THIS IS CURRENT)
C) IDENTIFY THE JOB TITLE OF THE ACCEPTABLE ALTERNATE OCCUPATION:
PROGRAMMER ANALYST OR SYSTEMS ANALYST
D) JOB DUTIES
CREATE TEST PLANS, TEST CASES AND ANALYZE USER NEEDS AND CREATE AND
MODIFY APPLICATION SOFTWARE USING VARIOUS SOFTWARE TECHNOLOGIES
My question is based on the above can i switch to another field like SAP for example. I am not sure if companies will be ready to give me a offer letter with the above text for a SAP job.
Any ideas friends?
ETA FORM 9089
A) PREVAILING WAGE INFORMATION
SOC/O*NET(OES) CODE
15-1031.00
OCCUPATONAL TITLE
COMPUTER SOFTWARE ENGINEER
B) JOB OPPORTUNITY INFORMATION
JOB TITLE: SOFTWARE ENGINEER(THIS IS CURRENT)
C) IDENTIFY THE JOB TITLE OF THE ACCEPTABLE ALTERNATE OCCUPATION:
PROGRAMMER ANALYST OR SYSTEMS ANALYST
D) JOB DUTIES
CREATE TEST PLANS, TEST CASES AND ANALYZE USER NEEDS AND CREATE AND
MODIFY APPLICATION SOFTWARE USING VARIOUS SOFTWARE TECHNOLOGIES
My question is based on the above can i switch to another field like SAP for example. I am not sure if companies will be ready to give me a offer letter with the above text for a SAP job.
Any ideas friends?
more...
pappu
05-11 01:24 PM
they seem to favor unskilled workers category and talk about only 5 thousand Gcs available.
lghtslpr
02-09 12:56 PM
we can set up web fax with the same content.
Please just do it! Then let people know here and there. I'll try to get the word out too.
(This is a grass roots effort, so there is little top-down orchestration.)
Please just do it! Then let people know here and there. I'll try to get the word out too.
(This is a grass roots effort, so there is little top-down orchestration.)
more...
immi2006
10-21 11:40 PM
I do not think so, even though you have two application , there will be only 1 A# for each applicant.
We got only 1 FP notice for each of us. Our case is slightly different. I filed for myself and my wife. My wife filed for herself.
We did not apply for EAD and AP, through my wife. I applied from my side for both of us.
OK, everyone knows that double I485 was not a good idea. However, many people had done it and I was one who was thinking of it, but did not do it. As per my attorney's advise, stopping a check issued to a governmental entity is not legal. On these grounds, I decided not to file 2nd time.
I guess the best way would be to withdraw the second petition. One can do that by writing a letter stating the reason for withdrawal and sending it to the appropriate service center (with tracking number.) Of course, the reason should be true, "Due to the July Visa Bulletin fiasco and indications that my first I485 could have been lost, I sent out a second application which is should not be considered anymore," or something like that. Withdrawal of the second I485 would, most likely, be the safest way to go about it.
Regards,
We got only 1 FP notice for each of us. Our case is slightly different. I filed for myself and my wife. My wife filed for herself.
We did not apply for EAD and AP, through my wife. I applied from my side for both of us.
OK, everyone knows that double I485 was not a good idea. However, many people had done it and I was one who was thinking of it, but did not do it. As per my attorney's advise, stopping a check issued to a governmental entity is not legal. On these grounds, I decided not to file 2nd time.
I guess the best way would be to withdraw the second petition. One can do that by writing a letter stating the reason for withdrawal and sending it to the appropriate service center (with tracking number.) Of course, the reason should be true, "Due to the July Visa Bulletin fiasco and indications that my first I485 could have been lost, I sent out a second application which is should not be considered anymore," or something like that. Withdrawal of the second I485 would, most likely, be the safest way to go about it.
Regards,
suman
12-17 06:20 PM
Thank You all I appreciate.
va_dude
03-31 01:11 PM
sorry to hear about ur situation.
but just a quick note, it is ridiculously expensive to have a child in this country without your wife being covered by med insurance. the costs can be too high. so try to get insurance for them asap.
good luck.
but just a quick note, it is ridiculously expensive to have a child in this country without your wife being covered by med insurance. the costs can be too high. so try to get insurance for them asap.
good luck.
satishku_2000
08-01 06:21 PM
Unlike I485, you can appeal adverse desisions by USCIS, in I140 cases.Also try Ombudsman and local Congressman.You still have to know, what USCIS decision is.may be you will be alright without doing anything,and your I-140 will be favorably adjudicated!
Wish you all the best
I am just trying to know what are the options I have . Hope and pray I dont have to do anything ...
Wish you all the best
I am just trying to know what are the options I have . Hope and pray I dont have to do anything ...
ThackeG67
08-08 08:20 PM
Hi I'm a newbie here and just want to know where can I find the forum rules to avoid posting errors. Thanks
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