bbenhill
01-14 05:59 PM
Hi ca_immigrant, agree with ur point. I gave you green :-)
Thx
bbenhill
Congrats !
and thank you to desi485 for posting the link
Good one and particulary moving was the last point ... -:)
14. And yes, move the family first commitment at the top of your must-do list, now that you have less worry about re-entry, and make that long-delayed trip home to see your old folks one more time. (I am visiting my 83-yr old Dad, who still has more hair than I do, and less gray too, in June.)
I first laughed when I read about the hair..(I too have less and a lot grey at 35 ...LOL and actually had grey hair since 20....donnno y....
but then after a few minutes for some reason I almost had tears rolling down my eyes (reminded me about parents.....) ....well call my an emtional fool....
neways...I always pray to God that whaterver happens please always help me remeber my parents !! and never forget all the great things they have done for us !!!
(They are in India with my elder borther)
oops...sorry for writing something out of context....
but again Congrats !!
Thx
bbenhill
Congrats !
and thank you to desi485 for posting the link
Good one and particulary moving was the last point ... -:)
14. And yes, move the family first commitment at the top of your must-do list, now that you have less worry about re-entry, and make that long-delayed trip home to see your old folks one more time. (I am visiting my 83-yr old Dad, who still has more hair than I do, and less gray too, in June.)
I first laughed when I read about the hair..(I too have less and a lot grey at 35 ...LOL and actually had grey hair since 20....donnno y....
but then after a few minutes for some reason I almost had tears rolling down my eyes (reminded me about parents.....) ....well call my an emtional fool....
neways...I always pray to God that whaterver happens please always help me remeber my parents !! and never forget all the great things they have done for us !!!
(They are in India with my elder borther)
oops...sorry for writing something out of context....
but again Congrats !!
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dtekkedil
07-02 11:52 PM
The Honorable Emilio T. Gonzalez
Director U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Director U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
rolrblade
10-08 09:57 AM
Hello Friends:
I have a I-485 pending (receipt date 7/19/07) with the USCIS. The situation is my company (Company A) has now officially laid me off and my last date is on November 16, 2007. I have spoken to them about the possibility of extending this date till Mid January 08, but it is NOT GOING TO Happen. Nov 16 will be my last date.
I have an offer from a different employer (Company B) for a SIMILAR job. I have an approved I-140 from the original employer and have assurances that they are NOT going to withdraw the I-140, since this is a company layoff and no fault of mine.
My questions are the following:
1. What is USCIS view when they see the new H1B transfer petition? Will they reject my I-485?
2. If I take a job with Company B, starting Nov 17, can I use AC21 and send in the letter after January 15 (180 days pending).
3. Do I have any other options here (I dont have EAD yet, just applied last week)
Your responses would be greatly appreciated. Please help.
I have a I-485 pending (receipt date 7/19/07) with the USCIS. The situation is my company (Company A) has now officially laid me off and my last date is on November 16, 2007. I have spoken to them about the possibility of extending this date till Mid January 08, but it is NOT GOING TO Happen. Nov 16 will be my last date.
I have an offer from a different employer (Company B) for a SIMILAR job. I have an approved I-140 from the original employer and have assurances that they are NOT going to withdraw the I-140, since this is a company layoff and no fault of mine.
My questions are the following:
1. What is USCIS view when they see the new H1B transfer petition? Will they reject my I-485?
2. If I take a job with Company B, starting Nov 17, can I use AC21 and send in the letter after January 15 (180 days pending).
3. Do I have any other options here (I dont have EAD yet, just applied last week)
Your responses would be greatly appreciated. Please help.
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chanduv23
03-05 10:02 AM
As per my understanding here is how it is supposed to work
- One ONLY has to say whether he/she is Authorized to work for any employer in an unrestricted manner
- One ONLY has to say if he/she has a security clearance
- One ONLY has to say if he/she needs a visa sponsership now or in future
- Certain jobs may need that one has to be a US Citizen (not sure about this) - but there must be a valid reason as to why the job needs a US Citizen
Once an employment is offered, the employee has upto 72 hours from the day of joining to provide proof of work authorization and complete the i 9 form. The authorization must be original and the employer must verify this and take a copy and place it in the employee's folder.
Desi3933 or IV Attorneys - please pass on your comments.
This is very important because - due to economy, a lot of employers are coming up with arbitrary rules and applying arbitrary filters and will continue to do so as long as it is not challenged.
- One ONLY has to say whether he/she is Authorized to work for any employer in an unrestricted manner
- One ONLY has to say if he/she has a security clearance
- One ONLY has to say if he/she needs a visa sponsership now or in future
- Certain jobs may need that one has to be a US Citizen (not sure about this) - but there must be a valid reason as to why the job needs a US Citizen
Once an employment is offered, the employee has upto 72 hours from the day of joining to provide proof of work authorization and complete the i 9 form. The authorization must be original and the employer must verify this and take a copy and place it in the employee's folder.
Desi3933 or IV Attorneys - please pass on your comments.
This is very important because - due to economy, a lot of employers are coming up with arbitrary rules and applying arbitrary filters and will continue to do so as long as it is not challenged.
more...
willIWill
07-16 01:06 PM
now this is weird... aside from the poster's main question: why does uscis want proof of *continuous employment* since the poster filed for 485? all they should care about is the future job... isnt that right? why do they want employment history?
willIWill, can you please post the exact wording on your RFE regarding that point?
Chi_shark,
Here is the second point 'verbatim':
2. Please submit proof of your continuous employment authorization/maintaining status in the U.S. from 10/1/07 to the present. Such evidence may include copies of:
• Copies of both sides of your Form 1-94 Arrival/Entry Document;
• Copies of both sides of your Form I-20A-B/I-D (F-l students and dependants);
• Copies of both sides of your Form IAP-66;
• Copies of any Form 1-797 approval notice/notice of action;
• Copies of the pages in your passport which show U.S. visas. Immigration admission stamps or other endorsements;
• Copies of any and all Employment Authorization documents issued to you by this Service.
Please provide verification of your F-l nonimmigrant status in the form of letters and transcripts from any and all colleges/universities that you have attended. The letter(s) from the educational institutions should identify your inclusive dates of attendance, if you maintained full-time student status, along with a point of contact and phone numbers for verification purposes.
Photocopies of these documents must be clear and readable. It may be necessary to use a color copier to ensure quality copies.
willIWill, can you please post the exact wording on your RFE regarding that point?
Chi_shark,
Here is the second point 'verbatim':
2. Please submit proof of your continuous employment authorization/maintaining status in the U.S. from 10/1/07 to the present. Such evidence may include copies of:
• Copies of both sides of your Form 1-94 Arrival/Entry Document;
• Copies of both sides of your Form I-20A-B/I-D (F-l students and dependants);
• Copies of both sides of your Form IAP-66;
• Copies of any Form 1-797 approval notice/notice of action;
• Copies of the pages in your passport which show U.S. visas. Immigration admission stamps or other endorsements;
• Copies of any and all Employment Authorization documents issued to you by this Service.
Please provide verification of your F-l nonimmigrant status in the form of letters and transcripts from any and all colleges/universities that you have attended. The letter(s) from the educational institutions should identify your inclusive dates of attendance, if you maintained full-time student status, along with a point of contact and phone numbers for verification purposes.
Photocopies of these documents must be clear and readable. It may be necessary to use a color copier to ensure quality copies.
sss2000
10-31 02:25 PM
While that is true I wanted to donate whatever I have. I thought if any IV core team member has delta frequent flyer account, I can transfer my miles to his account. Is that a possibility? If so, Do we have any core team member who has delta frequent flyer account? If we pool all the miles we have then IV core team can use these miles to travel.
more...
hebron
04-17 12:15 AM
Hi Roseball and others, Are you sure about this atatement - "Once your I-140 is approved with your current employer, with the copy of your 140 approval, your new employer can file for a 3 yr H1 extension."
My thought was that 3 year extension based on approved I140 can be applied only if you are with the same employer who filed your labor certification.
Could you please confirm.
One of my friends is in the same situation. His 8-th year H1 extension based on aproved labor is expiring in next two months. He has not received his I-140 yet. Now he has received an RFE for his 9-th year H1 and also his I-140. The RFE is big one and is for the employer. Since he has couple of months on his current H1-B What are his options/backup plans (if the RFE response doesn't work)
1. Would it be possible for a new employer to file his H1 for 9-th year based on approved labor? Since he doesn't have approved I-140, can he still extend his H1 with a new employer?
2. If the post by Roseball is true, my friend can respond to his I-140 RFE and apply for premium processing and hope that I-140 clears in the next two months and then based on this approval he can get 3 years H1 extension. Could anyone please confirm if this assumption is correct.
Thanks
Once your I-140 is approved with your current employer, with the copy of your 140 approval, your new employer can file for a 3 yr H1 extension. Though it is safe to do so after you get your 3 yr H1 extension based on approved 140 from the current employer and then change jobs, this is also another option which is seldom tried by applicants...But it does work as I have seen some of my friends do so. So the key for you is to get your pending 140 cleared asap......and then ask your new employer to file for your 3 yr H1 extension in premium processing and only resign from your current job after getting H1 approved....Ofcourse, this option only works if you can secure a copy of your I-140 approval from your current employer...Else, go with option 3....
My thought was that 3 year extension based on approved I140 can be applied only if you are with the same employer who filed your labor certification.
Could you please confirm.
One of my friends is in the same situation. His 8-th year H1 extension based on aproved labor is expiring in next two months. He has not received his I-140 yet. Now he has received an RFE for his 9-th year H1 and also his I-140. The RFE is big one and is for the employer. Since he has couple of months on his current H1-B What are his options/backup plans (if the RFE response doesn't work)
1. Would it be possible for a new employer to file his H1 for 9-th year based on approved labor? Since he doesn't have approved I-140, can he still extend his H1 with a new employer?
2. If the post by Roseball is true, my friend can respond to his I-140 RFE and apply for premium processing and hope that I-140 clears in the next two months and then based on this approval he can get 3 years H1 extension. Could anyone please confirm if this assumption is correct.
Thanks
Once your I-140 is approved with your current employer, with the copy of your 140 approval, your new employer can file for a 3 yr H1 extension. Though it is safe to do so after you get your 3 yr H1 extension based on approved 140 from the current employer and then change jobs, this is also another option which is seldom tried by applicants...But it does work as I have seen some of my friends do so. So the key for you is to get your pending 140 cleared asap......and then ask your new employer to file for your 3 yr H1 extension in premium processing and only resign from your current job after getting H1 approved....Ofcourse, this option only works if you can secure a copy of your I-140 approval from your current employer...Else, go with option 3....
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waitnwatch
07-17 08:36 PM
The first part looks like a standard blurb.........The second part is the reply and you should be happy that they have taken cognizance of your situation. Hopefully you'll receive the fingerprinting notice in the mail soon.
Good luck
Good luck
more...
pappu
11-14 02:40 PM
Lawyer told me that I cannot contest. They screwed it up some thing
there is always some way...
pls quote the exact sentences of your rejection letter here. we need to know a reason for your rejection.
ask your lawyer or find out exactly what they screwed up.
also let us know
- is your lawyer a company lawyer or your lawyer
- what is the status of your company--- big/small/ many h1b/ what about others in your company on LC applications..etc
- did the comapny do ads? do you have the material or copy of everything that was sent?
- is your company making profits. how many employees?
- eb2 or eb3
- has anyone been rejected before in your company?
- how much time do you have on h1b
there is always some way...
pls quote the exact sentences of your rejection letter here. we need to know a reason for your rejection.
ask your lawyer or find out exactly what they screwed up.
also let us know
- is your lawyer a company lawyer or your lawyer
- what is the status of your company--- big/small/ many h1b/ what about others in your company on LC applications..etc
- did the comapny do ads? do you have the material or copy of everything that was sent?
- is your company making profits. how many employees?
- eb2 or eb3
- has anyone been rejected before in your company?
- how much time do you have on h1b
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TUnlimited
09-15 09:05 PM
We have received our I-485 receipts(me and spouse). On my receipt just below "Amount Received" there is a this tag called "Section". It is answered as "UNKNOWN" on both of our receipts.
My friends is answered differently. His is from TSC and mine are from NSC.
Does any of you know what does "UNKNWON" mean and what consequences it might have.
Yeah! What the hell does it mean? I have the same thing - UNKNOWN...
My friends is answered differently. His is from TSC and mine are from NSC.
Does any of you know what does "UNKNWON" mean and what consequences it might have.
Yeah! What the hell does it mean? I have the same thing - UNKNOWN...
more...
sam2006
08-03 12:27 PM
we just have to live it :)
or we can work towards making the Sep 13 Rally success
or we can work towards making the Sep 13 Rally success
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svr_76
06-17 03:04 PM
I had mine today. The Officer answered the following questions-
1. Assigned to Officer - Yes
2. Status of various checks- She said she could see 2 checks and both are complete FBI and NameCheck. She did nt say anything about IBIS (She said - "I just see 2 checks and both are done and good, sir. There might be other checks but its not showing up on my screen)
3. No transfered/interview scheduled.
4. Opened up a SR for me for followup.
1. Assigned to Officer - Yes
2. Status of various checks- She said she could see 2 checks and both are complete FBI and NameCheck. She did nt say anything about IBIS (She said - "I just see 2 checks and both are done and good, sir. There might be other checks but its not showing up on my screen)
3. No transfered/interview scheduled.
4. Opened up a SR for me for followup.
more...
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cram
08-23 09:55 PM
bumping^^^^^
tattoo Basically the story is Michael
dask
04-20 07:55 PM
Just got my passport renewed at SF.
Applied in person and opted to get it back in the mail.
Got it in hand exactly in a week from application date...(pretty smooth)....
And i used 2X2 in photo instead of 3.5X3.5 cms....both are ok.
They will adjust it properly in your passport for you...
All the best.
Hi All,
I am scheduled to visit India in July-09 and comeback in August-09 this year, My passport expires on Nov 2009. I will be using AP and also I have H1b stamp valid till may 27 th 2010.Is it necessary to renew the passport now or I can do it after I come back from India, is there any rule that your passport has to be valid for more than 6 months while enetring US?Please advice
Thanks
EB3-I
PD Jan 2002
I-140 cleared in 2006
I-485 received date Aug27 2007
Applied in person and opted to get it back in the mail.
Got it in hand exactly in a week from application date...(pretty smooth)....
And i used 2X2 in photo instead of 3.5X3.5 cms....both are ok.
They will adjust it properly in your passport for you...
All the best.
Hi All,
I am scheduled to visit India in July-09 and comeback in August-09 this year, My passport expires on Nov 2009. I will be using AP and also I have H1b stamp valid till may 27 th 2010.Is it necessary to renew the passport now or I can do it after I come back from India, is there any rule that your passport has to be valid for more than 6 months while enetring US?Please advice
Thanks
EB3-I
PD Jan 2002
I-140 cleared in 2006
I-485 received date Aug27 2007
more...
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amoljak
05-21 09:04 AM
b. Do not make photocopies of official US Documents. Its a violation. The official will understand why you made a copy, but ITS A VIOLATION. On that note, please do make a photocopy.
Yes it is a violation. But guess what, USCIS asked me to send color copies of all the pages of my passport, approval notices and I-94 in one RFE. I spent a while trying to convince the law-abiding staples clerk that "the government" asked me to make copies. She kept pointing me to a document that clearly stated that it was illegal and they were told not to do it. Finally she agreed to look the other way, while I made copies in a self service copier.
Yes it is a violation. But guess what, USCIS asked me to send color copies of all the pages of my passport, approval notices and I-94 in one RFE. I spent a while trying to convince the law-abiding staples clerk that "the government" asked me to make copies. She kept pointing me to a document that clearly stated that it was illegal and they were told not to do it. Finally she agreed to look the other way, while I made copies in a self service copier.
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puskeygadha
07-17 03:56 PM
They give very generic answer to clients
i dont think they care about individuals...
if they continue like this they will loose business..lots of people are
suffering
i dont think they care about individuals...
if they continue like this they will loose business..lots of people are
suffering
more...
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dreamgc_real
12-06 02:06 PM
Dream Act is a moral issue and being fair to the kids who have made this country their own.
Recapture - Legal immigrants who lost visa numbers due to bureaucratic mistakes, should not be punished. Most of the people seeking recapture have followed every law written in the books and this too is a moral issue - to be fair to the people who did everything right.
Granted, both the dream act students and eb immigrants are in the mess, and it needs to be fixed. The only difference is that the Dream kids have been more vocal and active in getting people to back their issue than we have done.
Recapture - Legal immigrants who lost visa numbers due to bureaucratic mistakes, should not be punished. Most of the people seeking recapture have followed every law written in the books and this too is a moral issue - to be fair to the people who did everything right.
Granted, both the dream act students and eb immigrants are in the mess, and it needs to be fixed. The only difference is that the Dream kids have been more vocal and active in getting people to back their issue than we have done.
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logiclife
02-27 11:51 AM
This decision is too important for you, it seems, and I would consult a lawyer for best course of action because the users on forums are not lawyers and they can give you options, but it may not be the best option.
Since you are planning next 2-3 years of your life, you should seek paid consultation from a good lawyer.
Since you are planning next 2-3 years of your life, you should seek paid consultation from a good lawyer.
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aarzoo
08-23 06:23 PM
It took almost 3 months to get the approval. Key points:
1. USCIS does not accept I-140 PP as the original Labor approval is not included.
2. I am not sure if USCIS requests a duplicate copy of labor from DOL or they locate the orginal labor in the old file.
3. Make sure you ask your employer to download the labor approval from DOL website and complete it (employer's signature and your signature) and send it along with the I-140 application.
Hope it helps....Good luck
1. USCIS does not accept I-140 PP as the original Labor approval is not included.
2. I am not sure if USCIS requests a duplicate copy of labor from DOL or they locate the orginal labor in the old file.
3. Make sure you ask your employer to download the labor approval from DOL website and complete it (employer's signature and your signature) and send it along with the I-140 application.
Hope it helps....Good luck
h1techSlave
07-24 09:48 AM
2. Look for a job for him in a public/non-profit organization where you don�t have a lot of H-1 restrictions. Ask him to build up his skill set and be prepared to do any kind of employment.
I think this is the best option, if the Indian citizen has marketiable skills. Non-profits/universities etc. can file for H1, even when quota is exhausted. If the spouse in the US know some one from the non-profit, then trying to file for H1 for spouse is one good option. I know one couple, who went thru that route. I think (I don't know for sure) the husband had to volunteer (he was already here in H4) for a couple of months to prove to the university that he is good. As I understand, you can volunteer for non-profits when you are in H4. Of course they are not going to pay you while in H4.
I think the nitty gritties of these things has to be worked on with a good immigration lawyer.
Cheers,
h1techSlave
I think this is the best option, if the Indian citizen has marketiable skills. Non-profits/universities etc. can file for H1, even when quota is exhausted. If the spouse in the US know some one from the non-profit, then trying to file for H1 for spouse is one good option. I know one couple, who went thru that route. I think (I don't know for sure) the husband had to volunteer (he was already here in H4) for a couple of months to prove to the university that he is good. As I understand, you can volunteer for non-profits when you are in H4. Of course they are not going to pay you while in H4.
I think the nitty gritties of these things has to be worked on with a good immigration lawyer.
Cheers,
h1techSlave
kate123
09-24 02:01 PM
excellent.. if this happens!!!!
The green side of the story is, USCIS will try to attract new applications. For this DOS need to move the dates further.
OR
Introduce a new process of filing 485 for administrative processing (which is in talks) even before your PD is current as per visa bulletin as soon as 140 approval.
I see this good for people waiting to file for 485.
The green side of the story is, USCIS will try to attract new applications. For this DOS need to move the dates further.
OR
Introduce a new process of filing 485 for administrative processing (which is in talks) even before your PD is current as per visa bulletin as soon as 140 approval.
I see this good for people waiting to file for 485.
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