Winner
04-21 02:26 PM
This is a grey area subject to interpretations. Talk to an Anttorney - the reason I say this is - when your 485 gets denied wrongfully (your Attorney will tell you if the REASON was wrongful) - say AC21 old employer revoke 140 after 180 days - then an MOTIC whould resolve your issue - which typically takes a few weeks to 2 months or a bit more. Whether you stay here or work here - it is the same - no "Particular status". Once your MOTIC gets approved, you are back in status - so it is a big grey area subject to interpretation and Attorneys have different views based on how conservative one wants to be.
If you are sure your 485 can get denied for a "right reason" - then MTR or Appeal may not work - so you have to work out other options.
Thanks Chandu. I'm not in this situation right now, but my comany is trying to force me to use my EAD instead of renewing my H1B, so I'm just looking for some vaild reasons which I can present them and request them to renew my H1B.
If you are sure your 485 can get denied for a "right reason" - then MTR or Appeal may not work - so you have to work out other options.
Thanks Chandu. I'm not in this situation right now, but my comany is trying to force me to use my EAD instead of renewing my H1B, so I'm just looking for some vaild reasons which I can present them and request them to renew my H1B.
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smarth
07-10 10:41 PM
EB3-I is still 'U'....any prediction for EB3-I in October'09 Visa bulletin?:(
Abhinaym
01-27 09:59 AM
Does anyone have a link to this bill/article? I don't see anything on the news yet.
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yabadaba
08-14 01:07 PM
you asked if you were missing something... i said yes you are. u asked for an explanation..so be it..and i put in a disclaimer...that what you were missing was anybody's guess
more...
smiling08
09-16 10:32 AM
i only know the Premium Processing is taking 1000 and CIS will need to response within 15 days
gandalf_gray
06-02 10:27 AM
It does seem that you will be out of status in the interim period. Can you go to your country on a vacation, come back on H1 and start your new job afresh?. If you can then I suggest you do that, if not I suggest you consult an attorney.
NKR, thanks . I am considering that option.
Can you please tell if I do the L1 Extension, will it NEGATE the approved H1 ?
NKR, thanks . I am considering that option.
Can you please tell if I do the L1 Extension, will it NEGATE the approved H1 ?
more...
ilikekilo
03-31 12:07 PM
Hello frnds,
Just today, started new contract job at Clients place with big consulting firm on EAD. On my first day in the evening I got a call from consulting firm saying my back ground check have criminal record from state of Idaho. Till now I never ever was involved in any kind of criminal act. They asked me to stop going to work till it is resolved. consulting firm says all the states and federal agencies cleared me where I last lived, except state of idaho where i worked for 5 months.
Frnds please help! how should I resolve this issue. I have signed a 6 month rental lease, Left my H1B employer depending on this job. More over to all this we are expecting our first child and my wife doesnt have insurence. I was so happy I got this break but now this false check.
Please let me know if any one was in this situation and got out of it successfully.
Thanks,
Hydubadi.:confused:
as a consumer YOU have to the right ot get taht report and dispute it, meanwhile stay calm and try work with your employer, I guess there is nothing much you could do if they jsut go by the report and they cant be liable for anyhting, your b est bet is get the report or the least the name of the company that did ur background check and go from there...good luck...very unfortunatae situation...
Just today, started new contract job at Clients place with big consulting firm on EAD. On my first day in the evening I got a call from consulting firm saying my back ground check have criminal record from state of Idaho. Till now I never ever was involved in any kind of criminal act. They asked me to stop going to work till it is resolved. consulting firm says all the states and federal agencies cleared me where I last lived, except state of idaho where i worked for 5 months.
Frnds please help! how should I resolve this issue. I have signed a 6 month rental lease, Left my H1B employer depending on this job. More over to all this we are expecting our first child and my wife doesnt have insurence. I was so happy I got this break but now this false check.
Please let me know if any one was in this situation and got out of it successfully.
Thanks,
Hydubadi.:confused:
as a consumer YOU have to the right ot get taht report and dispute it, meanwhile stay calm and try work with your employer, I guess there is nothing much you could do if they jsut go by the report and they cant be liable for anyhting, your b est bet is get the report or the least the name of the company that did ur background check and go from there...good luck...very unfortunatae situation...
2010 Willow Smith, Will Smith,
dontworrybehappy
03-03 09:15 AM
I depends when you got SSN.Social security dept informs IRS automatically but procedure may tae 2/3 months-
more...
psk79
05-31 12:02 AM
Sure that helps...
I didn't get what the below means
"this iwll come iwht a new I94 and u wil hten b in h1b...Otherwise, u go out of the country and enter back showing h1b approval and get a new I94 at POE that will say h1b..."
I mean the new H1 will come with a new I94 attached to it and ur status automatically changed to H1.
I didn't get what the below means
"this iwll come iwht a new I94 and u wil hten b in h1b...Otherwise, u go out of the country and enter back showing h1b approval and get a new I94 at POE that will say h1b..."
I mean the new H1 will come with a new I94 attached to it and ur status automatically changed to H1.
hair Will Smith#39;s Just the Two of
sobers
02-08 02:58 PM
Intel chairman calls for immigration reform (Financial Times/ Feb 7, 2005)
http://msnbc.msn.com/id/11221265/
Craig Barrett, chairman of Intel, the world's largest semiconductor maker, called for comprehensive immigration reform to make the US more competitive, during a live question-and-answer session on FT.com.
Mr Barrett, one of a number of technology leaders including Bill Gates to have criticised restrictions on foreign workers in the US, said the first step in simplifying the immigration process would be "to replace the current arbitrary quota system with an open market type approach".
The US's H1-B visa allows foreign engineers and scientists to work on a temporary basis in the US but is capped at 65,000 a year. Mr Barrett said this was inadequate: the current quota had been exhausted and there could be no new admissions until another came into effect in October this year.
Mr Barrett said demand was also greater than supply for green cards that allowed permanent employment, with the cap at 140,000 a year and long processing delays meaning individuals having to wait up to seven years to obtain one.
"These arbitrary caps undercut business's ability to hire and retain the number of highly educated people in the fields where we need to maintain our leading position," he said.
"Instead of arbitrary caps, a market-based approach that responds to demand is needed."
The tabular content relating to this article is not available to view. Apologies in advance for the inconvenience caused.
Mr Barrett was asked by an Intel employee why his company had stopped sponsoring its workers for green cards between 2001 and 2004. The Intel chairman said this was during the longest and deepest recession in the semiconductor industry. It had been waiting for business conditions to improve before resuming the process.
"We should just staple a green card to every advanced degree granted to a foreign national from a US university in science and engineering," he said in another answer.
Mr Barrett also advocated improvements in the US education system to make America more competitive in technology fields.
"Today, we compare ourselves to our neighbours � California to Arizona, Texas to Florida, etc. We do not compare ourselves to the rest of the world and recognise that the bar of achievement, the level necessary for competitiveness is continually being raised."
Craig Barrett: America should open its doors wide to foreign talent
--------
IV Moderators- please use this information in your presentations.
http://msnbc.msn.com/id/11221265/
Craig Barrett, chairman of Intel, the world's largest semiconductor maker, called for comprehensive immigration reform to make the US more competitive, during a live question-and-answer session on FT.com.
Mr Barrett, one of a number of technology leaders including Bill Gates to have criticised restrictions on foreign workers in the US, said the first step in simplifying the immigration process would be "to replace the current arbitrary quota system with an open market type approach".
The US's H1-B visa allows foreign engineers and scientists to work on a temporary basis in the US but is capped at 65,000 a year. Mr Barrett said this was inadequate: the current quota had been exhausted and there could be no new admissions until another came into effect in October this year.
Mr Barrett said demand was also greater than supply for green cards that allowed permanent employment, with the cap at 140,000 a year and long processing delays meaning individuals having to wait up to seven years to obtain one.
"These arbitrary caps undercut business's ability to hire and retain the number of highly educated people in the fields where we need to maintain our leading position," he said.
"Instead of arbitrary caps, a market-based approach that responds to demand is needed."
The tabular content relating to this article is not available to view. Apologies in advance for the inconvenience caused.
Mr Barrett was asked by an Intel employee why his company had stopped sponsoring its workers for green cards between 2001 and 2004. The Intel chairman said this was during the longest and deepest recession in the semiconductor industry. It had been waiting for business conditions to improve before resuming the process.
"We should just staple a green card to every advanced degree granted to a foreign national from a US university in science and engineering," he said in another answer.
Mr Barrett also advocated improvements in the US education system to make America more competitive in technology fields.
"Today, we compare ourselves to our neighbours � California to Arizona, Texas to Florida, etc. We do not compare ourselves to the rest of the world and recognise that the bar of achievement, the level necessary for competitiveness is continually being raised."
Craig Barrett: America should open its doors wide to foreign talent
--------
IV Moderators- please use this information in your presentations.
more...
DyersEve
10-21 01:28 AM
Alright......something like this?
http://teamnerd.tripod.com/random/images3.txt
http://teamnerd.tripod.com/random/images3.txt
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desi3933
02-18 09:56 AM
I agree with snathan.
This is really a grey area., and totally depends on the adjudication officer. All they look for is the intention to work for that employer at the timing of I-140. That is hard to prove if you never worked for them. And thats easier for the officer to prove you never had any intentions of working for that employer. So who has better advantage here? Not the beneficiary for sure...
Incorrect.
As per Yates memo (link (http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf))
It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
______________________
Not a legal advice.
US citizen of Indian origin
This is really a grey area., and totally depends on the adjudication officer. All they look for is the intention to work for that employer at the timing of I-140. That is hard to prove if you never worked for them. And thats easier for the officer to prove you never had any intentions of working for that employer. So who has better advantage here? Not the beneficiary for sure...
Incorrect.
As per Yates memo (link (http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf))
It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
______________________
Not a legal advice.
US citizen of Indian origin
more...
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whiteStallion
05-22 07:40 PM
My PERM application filed on 10th March 2008 in Chicago, got certified this Monday(05.19.2008). So you should be very close to your approval...may be next week!
All the best!
All the best!
tattoo And the Smith Family machine
ksvreg
03-29 04:05 PM
As per my attorney, number of PERM applications filed in 2nd half of 2009 is very low (He has some good contacts at Atlanta DOL). He was expecting all 2009 non-audited cases to be processed in a couple of months....Not getting audited is the key in PERM process. My PERM will be finally filed this week, and I am hoping its not going be audited (MS + 6 yrs or BS + 8 yrs exp, 4G Mobile Communications R&D) though my attorney feels it will be....Keeping my fingers crossed...A successful EB3 to Eb2 conversion seems to be the only hope...
How long the process took before filing? How much time for PWD alone?
How long the process took before filing? How much time for PWD alone?
more...
pictures Jada, Will, and Willow Smith
rghrdr777
08-15 08:57 PM
485 RD - 06/25/2007 (Filed at NSC)
485 ND - 08/01/2007 (Came from TSC)
FP ND - 08/09/2007
FP Notice Received by mail on - 08/15/2007
FP Appointment - 09/06/2007
485 ND - 08/01/2007 (Came from TSC)
FP ND - 08/09/2007
FP Notice Received by mail on - 08/15/2007
FP Appointment - 09/06/2007
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milind70
04-01 06:05 PM
Hello folks,
i need some expert opinion here. These are my primary details.
COMPANY A:
1. Perm Labor - Nov 2006. (EB2)
2. I-140 approved - Nov 2007
3. I-485 filed - July 2007.
4 EAD - oct 2007
5 FP - Nov 2007
6 AP - Oct 2007
H1-B extension denied in dec 2007 due to variety of company A issues.
Invoked AC21 yesterday with company B.
COMPANY B: Bought substitution labor of Feb 2004 EB3.
I-140 filed : NSC : paper based filing no documents has been sent waiting for RFE on July 13 2007.
But my labor substitute on 140 has been used for somebody else by mistake and now company B says they have few other labors to substitute and they say we'll respond to the query saying that the original one has been used and please consider the second one. Attorney has made this mistake since many labors were filed at that time and the labor that they have used for me has been approved . Do you guys whatever the attorney is suggesting is going to work? Please let me know i haven't got an RFE yet..
Here are some facts
1. Labor Substitution is not allowed as of mid 2007 .
2. You could have invoked AC21 and moved to company B on EAD after 180 days of filing of 485 rather than trying to file 140 on sub labor
3 I think you could talk to comapny B and ask them to hire you on job of same responsbilities as on your earlier labor.
I think it is better if you see and immigration attorney for advise on this issue.
i need some expert opinion here. These are my primary details.
COMPANY A:
1. Perm Labor - Nov 2006. (EB2)
2. I-140 approved - Nov 2007
3. I-485 filed - July 2007.
4 EAD - oct 2007
5 FP - Nov 2007
6 AP - Oct 2007
H1-B extension denied in dec 2007 due to variety of company A issues.
Invoked AC21 yesterday with company B.
COMPANY B: Bought substitution labor of Feb 2004 EB3.
I-140 filed : NSC : paper based filing no documents has been sent waiting for RFE on July 13 2007.
But my labor substitute on 140 has been used for somebody else by mistake and now company B says they have few other labors to substitute and they say we'll respond to the query saying that the original one has been used and please consider the second one. Attorney has made this mistake since many labors were filed at that time and the labor that they have used for me has been approved . Do you guys whatever the attorney is suggesting is going to work? Please let me know i haven't got an RFE yet..
Here are some facts
1. Labor Substitution is not allowed as of mid 2007 .
2. You could have invoked AC21 and moved to company B on EAD after 180 days of filing of 485 rather than trying to file 140 on sub labor
3 I think you could talk to comapny B and ask them to hire you on job of same responsbilities as on your earlier labor.
I think it is better if you see and immigration attorney for advise on this issue.
more...
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floridasun
01-26 05:00 PM
Charlotte, NC. decent Indian population and growing,nice weather, midway between NY and ATL
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FinalGC
07-21 11:40 AM
Guys:
I am applying for my 485 and I was contemplating using the NEW fees vs OLD Fees.
OLD Fees:
I485- $325
Biometric - $70
I765 - $180
I131 -$170
TOTAL - $745
NEW Fees, which includes Biometric, EAD, and AP - $1010.00 when applying all togther with I485.
Check New Fees. (http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf)
Now my question - Is it TRUE that in the NEW Fees, it allows for an indefinite FREE Renewal of EAD and AP until Green card is received. If this statement is true, then I would prefer using the NEW Fees, since it pays off within 1 year.
If anybody knows this answer, please attach link or direct to the USCIS page.
Thanks
I am applying for my 485 and I was contemplating using the NEW fees vs OLD Fees.
OLD Fees:
I485- $325
Biometric - $70
I765 - $180
I131 -$170
TOTAL - $745
NEW Fees, which includes Biometric, EAD, and AP - $1010.00 when applying all togther with I485.
Check New Fees. (http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf)
Now my question - Is it TRUE that in the NEW Fees, it allows for an indefinite FREE Renewal of EAD and AP until Green card is received. If this statement is true, then I would prefer using the NEW Fees, since it pays off within 1 year.
If anybody knows this answer, please attach link or direct to the USCIS page.
Thanks
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sukhwinderd
08-22 02:54 PM
http://www.immigrationportal.com/archive/index.php/t-135211.html
Date
Motor Vehicle Commission
RSS Site Name
RSS Site Address
I hereby certify that ________________ is currently employed by ____________ and has been employed since ______________.
I certify that, on ______________, I filed an H1B petition extension and application for extension of stay on behalf of this individual (see attached receipt notice from the US Citizenship and Immigration Services (USCIS)).
Pursuant to 8 CFR 274a.12(b)(20), this individual is authorized to continue employment with ____________ for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay (as indicated on the immigration documentation).
I further certify that if I receive that the USCIS had denied the application prior to the 240 day period and if <name, Driver license number>, ceases to be employed by ________________ during the 240 day period, I will notify the Motor Vehicle Commission (MVC), in writing as soon as practicable. I will send such notice to:
Legal & Regulatory Affairs Unit
Motor Vehicle Commission
PO Box 162
Trenton, NJ 08666-0162
Sincerely,
Signature of
individual certifying
the information
Print Name & Title
i picked this from another web site. but it does work especially when you have legal details.
8 CFR 274a.12(b)(20),
also, as i said your lawyer might have to call there supervisor, they might not listen to you.
Date
Motor Vehicle Commission
RSS Site Name
RSS Site Address
I hereby certify that ________________ is currently employed by ____________ and has been employed since ______________.
I certify that, on ______________, I filed an H1B petition extension and application for extension of stay on behalf of this individual (see attached receipt notice from the US Citizenship and Immigration Services (USCIS)).
Pursuant to 8 CFR 274a.12(b)(20), this individual is authorized to continue employment with ____________ for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay (as indicated on the immigration documentation).
I further certify that if I receive that the USCIS had denied the application prior to the 240 day period and if <name, Driver license number>, ceases to be employed by ________________ during the 240 day period, I will notify the Motor Vehicle Commission (MVC), in writing as soon as practicable. I will send such notice to:
Legal & Regulatory Affairs Unit
Motor Vehicle Commission
PO Box 162
Trenton, NJ 08666-0162
Sincerely,
Signature of
individual certifying
the information
Print Name & Title
i picked this from another web site. but it does work especially when you have legal details.
8 CFR 274a.12(b)(20),
also, as i said your lawyer might have to call there supervisor, they might not listen to you.
h1bnogc
08-28 09:54 PM
Thanks for a positive reply at last.I checked my both 797s my current one ends on Nov 14 and my future one starts at Nov 15.So i see there is no gap.Hopefully i will be good i guess.I am planning to go to Charlotte Border Security and see if they say me the same.Any way your comments made me rethink that i will be ok.
Please share your experience in correcting date on I94. Please let us know what you end up doing this situation?
I am just wondering why you did not talk to supervisor or also did you show both new and old approval?
Your shared experience definitely helpful to many...
Please share your experience in correcting date on I94. Please let us know what you end up doing this situation?
I am just wondering why you did not talk to supervisor or also did you show both new and old approval?
Your shared experience definitely helpful to many...
hsingh82
04-22 04:47 PM
You need not worry about your old H1 and also you can use the current visa to enter US as long as it has more then 6 months validity period.
Can you please tell me the source of this "6 months" clause? As per http://immigration-information.com/forums/showthread.php?t=6026 and http://www.murthy.com/news/n_immrum.html there is nothing about 6 months. Is there some new memo which specifically mentions 6 months validity of existing H1B?
Thanks!
Can you please tell me the source of this "6 months" clause? As per http://immigration-information.com/forums/showthread.php?t=6026 and http://www.murthy.com/news/n_immrum.html there is nothing about 6 months. Is there some new memo which specifically mentions 6 months validity of existing H1B?
Thanks!
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