485Question
10-25 11:56 AM
Please
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irukandji
03-24 03:03 PM
there is a little logic involved here. what if you changed the jobs between your AC21 and latest NOID. I think CIS just wants to make sure you are still hired by issuing a NOID even though they looked into AC21.
BTW I had the same situation and I had to respond to NOID with the same emp letter.
BTW I had the same situation and I had to respond to NOID with the same emp letter.
srn04
01-19 12:04 PM
Thank you very much.
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tabletpc
12-01 11:35 AM
Sorry to know u r situation. But remember not knowing rules is not an execuse with USCICS.
1.Is it possible to do H1 transfer with one paystub if I somehow manage to get one from them(By lyin as in for bank loan)?
When you apply for trasnfer you need 2-3 recent pay stubs. Pay stubs are asked to show you are indeed working and not out of status.
2. Would I get any query on that? But one good explanation is I finished my MBs around the same time as I applied H1 and so I can explain it to USCIS but still I'm worried. Any body in smilar boat?
Usually transfer is easy when compared to getting first time h1B. However considering you qualification its difficult to say. However you can still get sufficient documents and try for an transfer. If you get RFE , you can then decide weather to gohead with transfer or not.
USCICS receive thoudands of application and i am sure they won't be willing to listen to your story.
My 2 cents...its illigal not to give pay stubs to employee. learn the rules from DOL website and you threaten the employer. I am sure employer he will bend as he will have to close the consultant if you report to USCICS about the this.
Good luck
1.Is it possible to do H1 transfer with one paystub if I somehow manage to get one from them(By lyin as in for bank loan)?
When you apply for trasnfer you need 2-3 recent pay stubs. Pay stubs are asked to show you are indeed working and not out of status.
2. Would I get any query on that? But one good explanation is I finished my MBs around the same time as I applied H1 and so I can explain it to USCIS but still I'm worried. Any body in smilar boat?
Usually transfer is easy when compared to getting first time h1B. However considering you qualification its difficult to say. However you can still get sufficient documents and try for an transfer. If you get RFE , you can then decide weather to gohead with transfer or not.
USCICS receive thoudands of application and i am sure they won't be willing to listen to your story.
My 2 cents...its illigal not to give pay stubs to employee. learn the rules from DOL website and you threaten the employer. I am sure employer he will bend as he will have to close the consultant if you report to USCICS about the this.
Good luck
more...
kvrr
04-27 09:00 PM
I have a approved I-140. Applied for 3 year H1 extension in Oct 2006. 3 year H1 extension approved on 5th Feb 2007. Received H4 dependents extensions. Did not receive my I-797. Requested my consulting company to check why I did not receive my I-797 with I-94. They lied to me that they called USCIS and I/they/lawyer will get copy in 30/45 days. My MN drivers license got canceled/suspended on 04/24/2007 because I did not submit approved I-797/I-94. Company lawyer informed my company that they applied under premium processing for duplicate copy on 04/16/2007. I called USCIS and they told me this is bullshit. There is no premium processing for duplicate document. Lawyer does not want to reveal which form he filed for duplicate document. I also applied this week using form I-824 for duplicate copy of approved H1 extension. Called USCIS, and they said I will get a receipt number in 15 days and copy in 2-3 months. This copy will not include I-94, so it is useless. What options do I have. My lawyer is an American and he thinks it is below his dignity to answer my calls.
What options do I now have? Any options will be appreciated.
What options do I now have? Any options will be appreciated.
vaishnavilakshmi
06-22 08:18 PM
Two I140 in process with a difference of one years in the priority date (one original and one recently filled substitution with improved PD). Which I-140 should be used for I485. IF PD goes back to retrogration, the substitution would help with a risk of getting reject as well. The original I140 has less risk but if PD goes in retrogration, it might get years to get I-485 approve. Suggestions?
hi,
we are in the same boat and our lawyer also say the same!
vaishu
hi,
we are in the same boat and our lawyer also say the same!
vaishu
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amulchandra
03-21 05:50 PM
If you are a pharmacist then try to speak to big chains like walmart, Rite aid and walgreens. They do H1s for foreign graduates but certain conditions apply like you should have already passed the FPGEE.
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gc_chahiye
07-23 06:26 PM
anyone who printed single-side or has everyone submitted the forms printed on both sides of the page? does uscis even care?
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matreen
04-26 12:18 AM
Team,
Friend of mine had a interview today about 20 min, seems like everything looks good.
The current case for my friend falls under EB3 (2001). But the tricky thing is he filed another case in 2005 in Lulac but he revoked the case.
After interview officer said she needs calrify the Lulac case and background check.
I am wondering if anybody is in similar situation if so your advice will be very valuable.
Thanks,
M
Friend of mine had a interview today about 20 min, seems like everything looks good.
The current case for my friend falls under EB3 (2001). But the tricky thing is he filed another case in 2005 in Lulac but he revoked the case.
After interview officer said she needs calrify the Lulac case and background check.
I am wondering if anybody is in similar situation if so your advice will be very valuable.
Thanks,
M
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alucard666
08-11 05:20 PM
She has hired an accountant to do the taxes at the end of the year and a contractor who manages a web site, keeps the paperwork and provides the services. She has not hired anyone full time since it is a very small operation with approx. $500 in income per month.
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roseball
01-27 04:28 PM
Immigration & Winning the Future | The White House (http://www.whitehouse.gov/blog/2011/01/27/immigration-winning-future)
I quote:
"We have also improved our legal immigration system by reducing backlogs of immigration applications and devoting critical funding to promote innovative citizenship preparation and integration programs in communities throughout the country."
Any idea what they are talking about in terms of backlog reduction?
Cases waiting for visa numbers are not considered as backlogged. USCIS only terms cases pending processing as backlogged cases.
I quote:
"We have also improved our legal immigration system by reducing backlogs of immigration applications and devoting critical funding to promote innovative citizenship preparation and integration programs in communities throughout the country."
Any idea what they are talking about in terms of backlog reduction?
Cases waiting for visa numbers are not considered as backlogged. USCIS only terms cases pending processing as backlogged cases.
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raj2007
06-13 11:07 PM
As usual to complicate decision making.... :mad:
Today PD (aug 2006 / EB3) is now current :) and I have my I 140 approved.
I also have another job offer which looks great. :confused: But they will start GC only after 3-4 months!
I feel It will be better file I-485.. Change after 6 months.
Should I just stick on to my current job and ride it out for 6 months to get EAD?
When does one get EAD 3 months after filing 485 or after 6?
Also if the dates retrogress, will 485 get approved? or Should the date remain current till 485 gets approved?
EAD after 3 Months...If date retrogess..you can change job after 180 days and ur wife can work too..
Today PD (aug 2006 / EB3) is now current :) and I have my I 140 approved.
I also have another job offer which looks great. :confused: But they will start GC only after 3-4 months!
I feel It will be better file I-485.. Change after 6 months.
Should I just stick on to my current job and ride it out for 6 months to get EAD?
When does one get EAD 3 months after filing 485 or after 6?
Also if the dates retrogress, will 485 get approved? or Should the date remain current till 485 gets approved?
EAD after 3 Months...If date retrogess..you can change job after 180 days and ur wife can work too..
more...
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pune_guy
06-05 06:14 PM
Hi Guys,
In the instructions to file EAD they say to print name and alien receipt number on the back of the photos.
What number should we write? I-485 receipt number or receipt number for last EAD?
Can someone please respond?
Thanks
In the instructions to file EAD they say to print name and alien receipt number on the back of the photos.
What number should we write? I-485 receipt number or receipt number for last EAD?
Can someone please respond?
Thanks
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ebizash
02-17 11:15 AM
we were given special treatment because of our US citizen children. No waiting in line and even no qu from VO once he came to know about children
Actually I think that special treatment may be for all H1-b renewals. When we went for our stamping 3 years ago at Delhi, at the outside window they stamped our passport with "green" sticker or something like that and when we entered the hall at the FP window, they said you don't need to stand in line and we were taken directly to AO. We did not have children and it was my 2nd H1 renewal stamping and my wife's first H4 renewal stamping.
Actually I think that special treatment may be for all H1-b renewals. When we went for our stamping 3 years ago at Delhi, at the outside window they stamped our passport with "green" sticker or something like that and when we entered the hall at the FP window, they said you don't need to stand in line and we were taken directly to AO. We did not have children and it was my 2nd H1 renewal stamping and my wife's first H4 renewal stamping.
more...
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praneet
08-19 10:12 PM
Hi there,
I am working for a small Indian consulting company with 60-70 employes. My H1b expires on Sep 30 2009 and initial extension for next 3 years was filed on a regular processing on May 13th and moved to premium processing on Jul 27th. I was working with an insurance client at the time it was filed and expedited thru premium processing. I also mentioned the client name and address at the time of filing extn.
Now I got below RFE asking for a supervisor name from the client (they also mentioned client's name in RFE)
1)The project name the beneficiary is assigned to
2)Whether there is a vendor through whom the beneficiary's services are provided;
3)The name of the vendor appilicable;
4)Whether the end client or the vendor supervises the beneficiary;
5)The name, title, contact information of the person who primarily supervises or will supervise the beneficiary at the worksite;
6)Whether the worksite has the ability to assign the beneficiary to a different employer.
The day I received RFE the contract between my company and end client came to surprise end(FATE!!).
Here are my Questions:
1) One of the major Indian software company is ready to give me offer and take me as their employee in US. Can I withdraw my petition thru my employer and ask Indian company to apply for a transfer before Sep 30th?
2) what will be the success rate of transfer after withdrawal? and consequences in my future GC processing ?
3) What if my employer withdraws petition and files new petition mentioning that I am working on in-house project. We have some work at in house too.
4) My employer also looking for other clients and hopefully I will get one soon. a) In this case Can I withdraw the petition and apply a new one with a new client information? b) or Respond the current RFE with new client details and explnation. (I heard that USCIS don't entertain this.)
5) what is the better option to get the extension approved out of above all? New suggestions also welcome
Thanks in advance.
I am working for a small Indian consulting company with 60-70 employes. My H1b expires on Sep 30 2009 and initial extension for next 3 years was filed on a regular processing on May 13th and moved to premium processing on Jul 27th. I was working with an insurance client at the time it was filed and expedited thru premium processing. I also mentioned the client name and address at the time of filing extn.
Now I got below RFE asking for a supervisor name from the client (they also mentioned client's name in RFE)
1)The project name the beneficiary is assigned to
2)Whether there is a vendor through whom the beneficiary's services are provided;
3)The name of the vendor appilicable;
4)Whether the end client or the vendor supervises the beneficiary;
5)The name, title, contact information of the person who primarily supervises or will supervise the beneficiary at the worksite;
6)Whether the worksite has the ability to assign the beneficiary to a different employer.
The day I received RFE the contract between my company and end client came to surprise end(FATE!!).
Here are my Questions:
1) One of the major Indian software company is ready to give me offer and take me as their employee in US. Can I withdraw my petition thru my employer and ask Indian company to apply for a transfer before Sep 30th?
2) what will be the success rate of transfer after withdrawal? and consequences in my future GC processing ?
3) What if my employer withdraws petition and files new petition mentioning that I am working on in-house project. We have some work at in house too.
4) My employer also looking for other clients and hopefully I will get one soon. a) In this case Can I withdraw the petition and apply a new one with a new client information? b) or Respond the current RFE with new client details and explnation. (I heard that USCIS don't entertain this.)
5) what is the better option to get the extension approved out of above all? New suggestions also welcome
Thanks in advance.
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guy03062
12-08 08:07 PM
I think we're looking for Jan '09 bulletin ;)
India:
EB2 -> 01-JUN-2003
EB3 -> 01-OCT-2001
http://travel.state.gov/visa/frvi/bulletin/bulletin_4384.html
India:
EB2 -> 01-JUN-2003
EB3 -> 01-OCT-2001
http://travel.state.gov/visa/frvi/bulletin/bulletin_4384.html
more...
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gc_check
01-25 11:07 PM
Considering the state of the economy and considering that the most important poisiton to save is that of the primary applicant, I suggest that USCIS process cases of primary applicants asap.
Family members can contnue on EAD for long time; however if the principal applicant loses job and can not find another one, the entire family is done - pack bags and leave.
What do you think?
ssh --> I see from your profile your PD as 2001 and understand your frustration, waiting long. I like the idea what you has told... but not sure if it is practical.
Even I think, we need to ensure, the criteria for apply for EB immigration must be met @ the time the application is accepted. But after that, if the applicant status change in the interim, that should not jeopardize the entire applicaiton it self. With EB, they want to ensure, the status is met @ the time of approval, but given the present economic condition, any thing can happen, and hope USCIS, does not utilize this to penalize the law abiding legal immigrant folks for the delay by USCIS in processing application.
I'm not sure, The application eligibility should be verified/met at the time an application is accepted for processing and not @ approval is my view. But might not be acceptable to vast majority. Return the application immediately if criteria is not met, but not after many many years.
Family members can contnue on EAD for long time; however if the principal applicant loses job and can not find another one, the entire family is done - pack bags and leave.
What do you think?
ssh --> I see from your profile your PD as 2001 and understand your frustration, waiting long. I like the idea what you has told... but not sure if it is practical.
Even I think, we need to ensure, the criteria for apply for EB immigration must be met @ the time the application is accepted. But after that, if the applicant status change in the interim, that should not jeopardize the entire applicaiton it self. With EB, they want to ensure, the status is met @ the time of approval, but given the present economic condition, any thing can happen, and hope USCIS, does not utilize this to penalize the law abiding legal immigrant folks for the delay by USCIS in processing application.
I'm not sure, The application eligibility should be verified/met at the time an application is accepted for processing and not @ approval is my view. But might not be acceptable to vast majority. Return the application immediately if criteria is not met, but not after many many years.
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wandmaker
08-26 10:49 PM
My limited understanding about the GC process is that from the day I-485 is filed, a person may change his/her job only after 180 days or more, and of course by filing AC 21.
Yes, you are correct.
Also, in case the I-485 does not get approved within the 180 days after filing, then how can a person change a job without having an EAD.
You can file for EAD along with 485 or after you file 485 - EAD will be issued within 90 days (as of writing w/ current processing times) from the date of filing. You can change job only after 180 days filing 485 - In order for you to work for another employer you need EAD
A person can EAD only once I-485 is approved? Is that correct.
You will get GC itself once 485 approved, there is no need for EAD - EAD is a temporary work permit set to expire in 1 or 2 years from the date of issue
Yes, you are correct.
Also, in case the I-485 does not get approved within the 180 days after filing, then how can a person change a job without having an EAD.
You can file for EAD along with 485 or after you file 485 - EAD will be issued within 90 days (as of writing w/ current processing times) from the date of filing. You can change job only after 180 days filing 485 - In order for you to work for another employer you need EAD
A person can EAD only once I-485 is approved? Is that correct.
You will get GC itself once 485 approved, there is no need for EAD - EAD is a temporary work permit set to expire in 1 or 2 years from the date of issue
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snathan
04-15 12:01 PM
Graduated from college last year, finally found a job that I really like. Currently on OPT. Just curious to know how long will it take for employer to apply for labor and I-140.
I know most of you are thinking - "are you mad, esp with current gc situation? " the thing is I like it here. My relatives and friends are here. I am hoping that with so many people stuck in the gc process, somebody has to fix it soon - and I (& other newcomers) will benefit from better immigration policy.
can any one let me know how long the initial stages take currently?
the answer lies in your id. :D
I know most of you are thinking - "are you mad, esp with current gc situation? " the thing is I like it here. My relatives and friends are here. I am hoping that with so many people stuck in the gc process, somebody has to fix it soon - and I (& other newcomers) will benefit from better immigration policy.
can any one let me know how long the initial stages take currently?
the answer lies in your id. :D
mirchiseth
05-31 01:38 PM
I am in the same boat. All my applications and approvals in the past have been thru TSC. I submitted the EAD, AP renewals using efile today and got the same.
Wondering if some thing is wrong or USCIS has some new policy?
Wondering if some thing is wrong or USCIS has some new policy?
vivaforever
08-08 02:24 PM
Wake Up NSC Campaign !
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