vin13
09-30 08:03 AM
:( I just got an RFE on my case...I had 2 soft LUD from past 2 days and now the status says "Request for additional evidence sent."
I have used AC21 to change jobs but I am still on H1....Now i am worried.
I have used AC21 to change jobs but I am still on H1....Now i am worried.
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logiclife
01-25 04:56 PM
TOI makes it sound as if Bush is dispatching Air Force 1 to India for a planeload of skilled desis and will issue them US passports at the port of entry.
:D :D :D
That's hilarious.
But fun aside, you're right. Times of India makes it sound as if H1Bs pretty much run everything and create everything and that H1Bs are like rockstars or something.
One reason I never read Times of India is that they somehow have figured out to beat pop-up blockers and my screen fills up with pop ups for airlines agents and phone cards and its really irritating.
Secondly, their content is becoming like a tabloid's content would be.
:D :D :D
That's hilarious.
But fun aside, you're right. Times of India makes it sound as if H1Bs pretty much run everything and create everything and that H1Bs are like rockstars or something.
One reason I never read Times of India is that they somehow have figured out to beat pop-up blockers and my screen fills up with pop ups for airlines agents and phone cards and its really irritating.
Secondly, their content is becoming like a tabloid's content would be.
cyclone_p
06-25 01:45 PM
I guess it depends on the employer, but usually the employer put the employee on a "Loss Of Pay" status and the employee cannot work or earn until s/he has the renewed EAD card in her/his possession.
Approvals or Receipt Notices don't work. One must have the renewed EAD card with her/him to work.
Approvals or Receipt Notices don't work. One must have the renewed EAD card with her/him to work.
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GCwaitforever
06-08 05:04 PM
Guys,
I have approved EB3 LC and approved I 140 with PD JAN 2002. My wife has approved EB2 LC (Perm) and Approved I 140 with PD JAN 2006
As we represent one family can't my wife use my PD and apply I 485 under EB2.
for example If husband is born in a retrogressed country and wife in a non retrogressed country in that case, husband gets a free ride !
Why not in this case ? Just curious !
Only after one of your PDs becomes current, the other can piggyback. May be you could try PERM and reapply old PD to the new one.
I have approved EB3 LC and approved I 140 with PD JAN 2002. My wife has approved EB2 LC (Perm) and Approved I 140 with PD JAN 2006
As we represent one family can't my wife use my PD and apply I 485 under EB2.
for example If husband is born in a retrogressed country and wife in a non retrogressed country in that case, husband gets a free ride !
Why not in this case ? Just curious !
Only after one of your PDs becomes current, the other can piggyback. May be you could try PERM and reapply old PD to the new one.
more...
mammoy2k
11-13 05:49 PM
you will need to come back to atleast get AP approvals (AP expires every year), and if you are served a fingerprint notice, then come back for that. If you are going to be definately out for the next few years, another option is to do consular processing; talk to a lawyer it depends a lot on your specific case.
Due to work, I would be in the US at least once every quarter. So I dont think that finger printing or AP renewal is a problem, as long as I can get an address where these notices come.
Thanks for your response.
Due to work, I would be in the US at least once every quarter. So I dont think that finger printing or AP renewal is a problem, as long as I can get an address where these notices come.
Thanks for your response.
Jerry2121
07-06 09:26 PM
Hello ,
Here is a run down on my case:
First I-485 applied in 6/2002,
Fingerprint done, EAD obtained in 2/03
Application withdrawn by spouse due to conviction
Second I-485 applied by my 2nd DW in 7/05
Interview granted in 5/06
Case still pending due name check
GC? till date
Anyone with a similar case and any advice on this case? I've spent about 30K USD on this case on Lawyers and still have NOT got any decision from the USCIS. Now , I'm considering filing a WOM. Whats your take on this? Thanks !
Here is a run down on my case:
First I-485 applied in 6/2002,
Fingerprint done, EAD obtained in 2/03
Application withdrawn by spouse due to conviction
Second I-485 applied by my 2nd DW in 7/05
Interview granted in 5/06
Case still pending due name check
GC? till date
Anyone with a similar case and any advice on this case? I've spent about 30K USD on this case on Lawyers and still have NOT got any decision from the USCIS. Now , I'm considering filing a WOM. Whats your take on this? Thanks !
more...
krish2005
11-09 03:42 PM
Maybe some of us might be aware on the importance of umbilical chord and cord blood. They are life savers as they contain stem cells which can be used to treat hematopoietic and genetic disorders.
Let me tie this to an important activity that happens in southern part of india (maybe its prevalent too in entire india - not sure though).
Whenever a baby is born, the umbilical chord is cut and a clip is put up in the baby's navel end with the umbilical chord part extending out. In a matter of few days the external portion will heal and fall off.
This is then taken to a goldsmith who in turn stuffs this into a small golden (or silver depending upon one's capacity) and seals them air tight (mind this air tight) using fire. this is then tied along with a thread and is generally worn around the hips of babies.
Maybe our ancestors knew that this part of tissue might help in healing some disorders for the babies. Who knows better than them. Many of us indians would have worn this without much aware of its importance.
Hope that I have submitted a informative post here.
Let me tie this to an important activity that happens in southern part of india (maybe its prevalent too in entire india - not sure though).
Whenever a baby is born, the umbilical chord is cut and a clip is put up in the baby's navel end with the umbilical chord part extending out. In a matter of few days the external portion will heal and fall off.
This is then taken to a goldsmith who in turn stuffs this into a small golden (or silver depending upon one's capacity) and seals them air tight (mind this air tight) using fire. this is then tied along with a thread and is generally worn around the hips of babies.
Maybe our ancestors knew that this part of tissue might help in healing some disorders for the babies. Who knows better than them. Many of us indians would have worn this without much aware of its importance.
Hope that I have submitted a informative post here.
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amsgc
09-02 01:11 AM
Thanks for collecting the data.
Assuming that:
- The above people also voted in the recent EB2I Poll (http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/414123-poll-to-sample-pending-eb2-india-pds.html) and
- The ratio of EB2I applicants who post on IV to total EB2I applicants is 1:100
Then, the USCIS approved roughly 1500 apps today.
Also, since EB2-I was at 2002 a few months ago, it means that these are only spill over visas. If this year is like any of the previous years, then EB2-I should get another 10,000 or so. This should be enough (based on the recent poll) to flush out almost all EB2I 2004 and prior applications.
Immigration Voice:
NSC:
cokeraj Jun 2004
sjagadeesan Jun 2004
nni123 Aug 2004
Nashim (co-worker) Nov 2004
aachoo Dec 2004
kurtz_wolfgang Dec 2004
TSC:
ganesha Apr 2004
NolaIndian32 04.30.2004
inskrish May 2004
Tortoise May 2004
GCWhru (dependent) Sep 2004
lotus26 (dependent) Sep 2004
adriansquare (NIW) Oct 2004
GCNirvana Dec 2004
mpek Dec 2004
Service Center Unknown:
arav_m Dec 2004
Assuming that:
- The above people also voted in the recent EB2I Poll (http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/414123-poll-to-sample-pending-eb2-india-pds.html) and
- The ratio of EB2I applicants who post on IV to total EB2I applicants is 1:100
Then, the USCIS approved roughly 1500 apps today.
Also, since EB2-I was at 2002 a few months ago, it means that these are only spill over visas. If this year is like any of the previous years, then EB2-I should get another 10,000 or so. This should be enough (based on the recent poll) to flush out almost all EB2I 2004 and prior applications.
Immigration Voice:
NSC:
cokeraj Jun 2004
sjagadeesan Jun 2004
nni123 Aug 2004
Nashim (co-worker) Nov 2004
aachoo Dec 2004
kurtz_wolfgang Dec 2004
TSC:
ganesha Apr 2004
NolaIndian32 04.30.2004
inskrish May 2004
Tortoise May 2004
GCWhru (dependent) Sep 2004
lotus26 (dependent) Sep 2004
adriansquare (NIW) Oct 2004
GCNirvana Dec 2004
mpek Dec 2004
Service Center Unknown:
arav_m Dec 2004
more...
diptam
01-16 01:13 AM
Bhanu and others,
Its written in G-639 that for getting a Original Copy of any "Approved Petition" use form I-824.... So for getting 140 copy ( which is a Immigrant visa Petition) we should I-824 .
http://www.uscis.gov/files/form/I-824.pdf
Thanks,
Hi All,
Thanks for your patience. I was busy yesterday and I would like to provide you all proper information what I sent to FOIA. Here is the information I got from my folders.
1) You need to fill the form G-639 to get the I-140 documents.
2) Provide as much Information as possible about your case. Some of you doesn't have the Receipt Number, they may also fill the form G-639 and provide any other information you have. (Ex: Provide with thorough description of your case in a separate paper.)
3) After filling the form, Notarise it (Your bank will do it)
4) Attach all the documents with this form and send it to:
USCIS National Record Center
FOIA Division
PO Box: 648010
Lee Summit, MO 64064 - 5570
5) There is no fee to submit this form. You will receive a receipt# within a week how they will process your request.
6) There is no way your Employer/Lawyer know about it. Its in between you and FOIA Division.
I feel myself proud to provide all these details to you since I know how difficult to stay with a blody sucking parasite Employer. I spent lot of sleepless nights and I decided to fight with bad/rogue Employers.
Please keep in touch if you have any other details.
Bhanu
Its written in G-639 that for getting a Original Copy of any "Approved Petition" use form I-824.... So for getting 140 copy ( which is a Immigrant visa Petition) we should I-824 .
http://www.uscis.gov/files/form/I-824.pdf
Thanks,
Hi All,
Thanks for your patience. I was busy yesterday and I would like to provide you all proper information what I sent to FOIA. Here is the information I got from my folders.
1) You need to fill the form G-639 to get the I-140 documents.
2) Provide as much Information as possible about your case. Some of you doesn't have the Receipt Number, they may also fill the form G-639 and provide any other information you have. (Ex: Provide with thorough description of your case in a separate paper.)
3) After filling the form, Notarise it (Your bank will do it)
4) Attach all the documents with this form and send it to:
USCIS National Record Center
FOIA Division
PO Box: 648010
Lee Summit, MO 64064 - 5570
5) There is no fee to submit this form. You will receive a receipt# within a week how they will process your request.
6) There is no way your Employer/Lawyer know about it. Its in between you and FOIA Division.
I feel myself proud to provide all these details to you since I know how difficult to stay with a blody sucking parasite Employer. I spent lot of sleepless nights and I decided to fight with bad/rogue Employers.
Please keep in touch if you have any other details.
Bhanu
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ns33
03-18 04:22 PM
Answers below:
1. Technically there is no Salary restriction. As stated above it is a grey area. But, if the job duties are the same and the salary difference is too big (no one knows how much is acceptable without raising questions), then it brings into question if you are still performing the same duties. But basically, you have to make equal to or more than the LC.
2. I have used AC21 before. Have not done EAD renewal yet.
Have a question about point1. Most of larger corp employees who have been in the wait cycle 6-8 years, entered in this coprs at rather lower salaries compared to current day standards. Once inside, pending GC process, you do not get too much of raise or adjustments (2-5% - more of inflation adjustments every 1.5-2 years or so).
Going out of these positions, within similar technical positions, even at lower - rather conservative end of the current pay scale (on AC21-EAD) it is very easy to reach bracket closer to 40-50% higher. Converting to full time consultants, even in tighter market due to current economy; would actually mean closer to 60-70% difference. How do we handle this? Staying within large corp on FT basis does not make sense financially after all these years. Espcially when EB3 category PD doesn't show any sign of life.
If you have a good suggestion/solution please PM me.
Thanks
NS
PS. this entire rant is about people who have been in the same FT position without promotions and very minimal pay adjustments in large corporations - probably outside west cost. So please keep any and all flaming at my post in the context.
1. Technically there is no Salary restriction. As stated above it is a grey area. But, if the job duties are the same and the salary difference is too big (no one knows how much is acceptable without raising questions), then it brings into question if you are still performing the same duties. But basically, you have to make equal to or more than the LC.
2. I have used AC21 before. Have not done EAD renewal yet.
Have a question about point1. Most of larger corp employees who have been in the wait cycle 6-8 years, entered in this coprs at rather lower salaries compared to current day standards. Once inside, pending GC process, you do not get too much of raise or adjustments (2-5% - more of inflation adjustments every 1.5-2 years or so).
Going out of these positions, within similar technical positions, even at lower - rather conservative end of the current pay scale (on AC21-EAD) it is very easy to reach bracket closer to 40-50% higher. Converting to full time consultants, even in tighter market due to current economy; would actually mean closer to 60-70% difference. How do we handle this? Staying within large corp on FT basis does not make sense financially after all these years. Espcially when EB3 category PD doesn't show any sign of life.
If you have a good suggestion/solution please PM me.
Thanks
NS
PS. this entire rant is about people who have been in the same FT position without promotions and very minimal pay adjustments in large corporations - probably outside west cost. So please keep any and all flaming at my post in the context.
more...
smsthss
06-25 10:25 AM
why is every one trying to rush in the application for I-485 by july 1st. The dates are goin to be current from July 1st Thro July 31st.
Am i missing something ?? My attorney is preparing documents to apply by first week of july. Am i missing something grave here by not applyin on 1st July????? Please reply.
Am i missing something ?? My attorney is preparing documents to apply by first week of july. Am i missing something grave here by not applyin on 1st July????? Please reply.
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aj1234567
10-04 06:29 PM
Hi Gurus-
One of my friends had received strange letter from the consulate saying that
We are obliged to inform you that petition for temporary employment for xyz InfoTech .has been returned to the department of homeland security(DHS) for reconsideration, in your case you did not meet the necessary criteria of the visa category, we have asked DHS to revoke the petition.
With this letter we are returning your passport. no additional information or documents are required from you.
We will contact you once a final decision has been made on your application
Please advice me why they send this letter and what necessary action we need to take..
Thanks
Aj
One of my friends had received strange letter from the consulate saying that
We are obliged to inform you that petition for temporary employment for xyz InfoTech .has been returned to the department of homeland security(DHS) for reconsideration, in your case you did not meet the necessary criteria of the visa category, we have asked DHS to revoke the petition.
With this letter we are returning your passport. no additional information or documents are required from you.
We will contact you once a final decision has been made on your application
Please advice me why they send this letter and what necessary action we need to take..
Thanks
Aj
more...
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logiclife
09-28 05:38 PM
Hello Everyone,
I need to find someone that can help me to file the Mandamus my name is been stuck over 2 years now and the USCIS still telling me it's PENDING....Please help me if anyone know a good lawyer that can file Mandamus.....
Thanks
Anan:confused:
Please keep in mind that your dates must be current when you file the writ of mandamus and your namecheck should be stuck at FBI atleast for 1 year during which your date is current. If your date is not current now, or it has been current for amount of time less than a year, WoM might not work.
Just google the writ of mandamus and there are lawyers who even specialize in such litigation against Government.
There are two threads on this "FBI namecheck delays signup here" thread and "FBI namecheck for dummies" thread on this forum where you will find plenty of information about lawyers. Last year I remember doing a conf call from lawyer for IV members who had FAQ on writ of Mandamus. It should be on the "FBI namecheck delays signup here" thread.
Another thing, if you have a prior misdemeanor conviction like DUI or DWI or something that is on your record, then dont file WoM as it might be counter productive (in the sense that namecheck not being cleared or 485 denial).
I need to find someone that can help me to file the Mandamus my name is been stuck over 2 years now and the USCIS still telling me it's PENDING....Please help me if anyone know a good lawyer that can file Mandamus.....
Thanks
Anan:confused:
Please keep in mind that your dates must be current when you file the writ of mandamus and your namecheck should be stuck at FBI atleast for 1 year during which your date is current. If your date is not current now, or it has been current for amount of time less than a year, WoM might not work.
Just google the writ of mandamus and there are lawyers who even specialize in such litigation against Government.
There are two threads on this "FBI namecheck delays signup here" thread and "FBI namecheck for dummies" thread on this forum where you will find plenty of information about lawyers. Last year I remember doing a conf call from lawyer for IV members who had FAQ on writ of Mandamus. It should be on the "FBI namecheck delays signup here" thread.
Another thing, if you have a prior misdemeanor conviction like DUI or DWI or something that is on your record, then dont file WoM as it might be counter productive (in the sense that namecheck not being cleared or 485 denial).
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GC_1000Watt
01-23 12:07 AM
Hi,
My H1B extension got denied, I have n't got the denial notice yet. Can someone please advice what options do i have with out going out of status? and how long i can stay in this country?. My current I94 expired in sept 2009.
Please advice.
My situation was same. Upon getting denial notice me and my employer talked to Murthy and on there suggestion we filed a fresh extension petition with all documents. We filed under premium processing and I got approved H1B with I-94 in 10 days.
I suggest you to consult with a highly recognized immigration lawyer and based on your denial reasons act accordingly.
You can also appeal against denial, but then you can't work and there is no premium processing in appeal. You might have to wait for many a days.
Consulting with a lawyer will help you my friend. Good luck.
My H1B extension got denied, I have n't got the denial notice yet. Can someone please advice what options do i have with out going out of status? and how long i can stay in this country?. My current I94 expired in sept 2009.
Please advice.
My situation was same. Upon getting denial notice me and my employer talked to Murthy and on there suggestion we filed a fresh extension petition with all documents. We filed under premium processing and I got approved H1B with I-94 in 10 days.
I suggest you to consult with a highly recognized immigration lawyer and based on your denial reasons act accordingly.
You can also appeal against denial, but then you can't work and there is no premium processing in appeal. You might have to wait for many a days.
Consulting with a lawyer will help you my friend. Good luck.
more...
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snowshoe
11-15 08:28 AM
We (3 of us from the PA state chapter) had a meeting with Congressman Joe Sastak's office staff in Media, PA.
The staff member was completely unaware of our issues (other than, FBI name check takes long time and USCIS processing is slow). However, she was eager to understand our problems.
She recommended that we should meet the office staff in DC since they handle issues related to legislations.
The staff member was completely unaware of our issues (other than, FBI name check takes long time and USCIS processing is slow). However, she was eager to understand our problems.
She recommended that we should meet the office staff in DC since they handle issues related to legislations.
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docwa
04-12 06:50 PM
Thanks all. I called my lawyer, and she mentioned that there have been specific cases of the Neb Service Center rejecting I485 applications for internists while they are doing fellowships. I guess my plan would be to find a 'full time' position working a couple of nights a week in the same city where I am working as a fellow, and use that as proof of ongoing full time internist work.
I am not sure if they need just a letter, or a w2s also. I guess 'full time' is a very arbitrary word, and can be applied to more than 28-32 hrs a week, which is very easily doable.
I am not sure if they need just a letter, or a w2s also. I guess 'full time' is a very arbitrary word, and can be applied to more than 28-32 hrs a week, which is very easily doable.
more...
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gc_chahiye
10-31 03:25 AM
Please correct me if I am wrong i.e. I can continue working as I have already applied for my H1 extension and whatever the H1 extension response is based on that if it is approved I can stay on H1 else if extension denied for some reason then at that point I can move to EAD and file a new I-9 Form with my employer and continue my work.
Thanks
yes you can continue working. Assuming that USCIS honors the original filing date (ie. they assume that your H1 extension was filed before the previous H1 ran out) and gives you a I-94 in the approval you are all set. Make sure your lawyer includes proof that you filed on time, but to the wrong center. IN the worst case if the extension is denied (or approved without an I-94) you can always move to EAD and continue working. The time you spent working past your original I-94 expiry would however then count as unauthorized.
Thanks
yes you can continue working. Assuming that USCIS honors the original filing date (ie. they assume that your H1 extension was filed before the previous H1 ran out) and gives you a I-94 in the approval you are all set. Make sure your lawyer includes proof that you filed on time, but to the wrong center. IN the worst case if the extension is denied (or approved without an I-94) you can always move to EAD and continue working. The time you spent working past your original I-94 expiry would however then count as unauthorized.
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zCool
04-01 02:27 PM
Yes, at the time of adjudication, you will need employment varification letter that shows Permenent Full time job with same or similar duties and reasonable wage difference.
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chanduv23
03-03 12:12 PM
Thanks for your quick response. I might as well ask one more question that's in my mind. Did you go thru the company's attorney or you hired yourself? I really don't trust my company's attorney as they work for the best interest of the company rather then the employees...may not be the norm but mostly its that way.
Could you PM me if you know good attorney's other then Ms Murthy (cause they are expensive)
Thanks.
I used my personal Attorney from time of filing 485 - she worked with me through the AC21 process and till date represents me now also. It is very much advisable to have personal Attorney who represents you.
Could you PM me if you know good attorney's other then Ms Murthy (cause they are expensive)
Thanks.
I used my personal Attorney from time of filing 485 - she worked with me through the AC21 process and till date represents me now also. It is very much advisable to have personal Attorney who represents you.
ivgclive
03-31 09:13 AM
Dude,
You are capable of hitting the target even before your gun fires.
Poor immigration officers !
If you feel you are not getting result do not keep your attorney because you like him. Change and try.
You are capable of hitting the target even before your gun fires.
Poor immigration officers !
If you feel you are not getting result do not keep your attorney because you like him. Change and try.
peer123
04-09 11:15 AM
Friends,
I am working for company A and I have offer from Company B, I thinking of my options, Here is my situation
1. I have approved I140 > 180 days in actually 300 days
2. I have approved EAD
3. mine is labor transfer case and I used an existing labor that matched my job profile
4. Company B is ready to hire me in the same/similar role and are ready to give AC21 employment letter with same details as in my labor.
5. I have approved copy of my labor that was transferred and all other copies related to my case like I140, I485 application and Advance parole etc,....
Please give me some guidance on if I should be accepting the offer from Company B, I am concerned because my labor was transferred from another employee. I have worked for company A for nearly 4 years now and my GC is in process for almost 4 years, labor switch was done like 2 years ago.
Based on this explanation do you see any risk and am I missing anything here, in terms of getting specific documentation from company A application..
please help
bumping it up... - please provide your input
I am working for company A and I have offer from Company B, I thinking of my options, Here is my situation
1. I have approved I140 > 180 days in actually 300 days
2. I have approved EAD
3. mine is labor transfer case and I used an existing labor that matched my job profile
4. Company B is ready to hire me in the same/similar role and are ready to give AC21 employment letter with same details as in my labor.
5. I have approved copy of my labor that was transferred and all other copies related to my case like I140, I485 application and Advance parole etc,....
Please give me some guidance on if I should be accepting the offer from Company B, I am concerned because my labor was transferred from another employee. I have worked for company A for nearly 4 years now and my GC is in process for almost 4 years, labor switch was done like 2 years ago.
Based on this explanation do you see any risk and am I missing anything here, in terms of getting specific documentation from company A application..
please help
bumping it up... - please provide your input
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