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eastindia

11-16 02:05 PM

Good one! We see a lot of speculation here on open forums...there are much more realistic updates available on the donor forums...I just wish people don't waste time on speculations and mis-information floating around. Good luck to all of us!

I agree.

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samcam

05-18 04:08 PM

As of now, we have 72 guests and 494 members online. I understand that some of the guests are already members and have just not logged in. But this is a call for all the guests who have not registered themselves as members to register and possibly contribute. Registration takes less than 5 minutes. Also as a registered member you have access to a live thread with the commentary from the senate session (which I feel is really awesome!!). So come join the IV registered users and help us increase the member count to 4000+ and enjoy the live senate session commentary!

Here is a link to the senate session commentary thread...

http://immigrationvoice.org/forum/showthread.php?t=873


Here is the link to register..

http://immigrationvoice.org/index.php?option=com_vbridge&Itemid=41&file=register.php

Why should you register?

Simple reason, you get access to the members only forums.. Very informative.. Also, only way to help yourself is by helping a bigger cause.. come join us and contribute!!

I have attached a screenshot of the members only forums... Take a look!

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eb3retro

11-18 12:09 AM

Guys:
I am currently working through a Consulting company at a client location.
Now, if I were to join the "same" client location as an employee after the 180 day completion of having filed I-485, what are the things that I need to keep in touch before I make this transition.

I do have EAD that is valid till Sep'08. Do I need to tell the client company that my I-485 is pending and that I can work using EAD or should I apply as anyone who would apply for the position without any strings...!!!

I would really appreciate if you guys can let me know any nuiances that I need to be aware of and any caveats that exist in this situation.

I appreciate your time and good luck to all to get the GC as soon as possible.

Thanks

do u have ur approved i-140?

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spicy_guy

03-28 11:45 PM

If you are on H1 and employer is not paying weather or not you are on bench, you must report that to DOL. There is a form w-4 (I don't exactly remember the form).

Employee must be paid ALL THE TIME on H1. Period.
That's the law.

Problem for you is, technically you will be out of status if you are not paid.

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eb2dec2005

02-23 10:59 PM

Case reopened or reconsidered based on USCIS determination, and the case is now pendiDid anyone see this kind of status on their approved H1b application?

Please share your views.

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=guinness=

04-04 07:21 AM

uh i may be new but isn't ivyleaf's just a rip of a blizzard file, where the background is a little more impressive than the phrase thats all reflected?

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unseenguy

06-24 08:29 AM

You are worrying about nothing. Have fun and enjoy life

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cox

October 23rd, 2005, 11:31 PM

A weekend based in the City? If the weather is good, Marin, Point Reyes, and urban shooting... If the weather is bad, the city museums, food, and entertainment... I'll share my bag of glass ;)

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chanduv23

02-14 04:39 PM

For Physicians - this is a blessing, so please start acting - please spread the message among your network. We need strong support.

In the background, Paskal and some others have done a lot of hard work on this and we need to express our support to these folks.

So this is a clarion call to all Physicians - Buck up .... Help IV to help yourselves

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gc_on_demand

02-03 01:41 PM

Hi

I hold a H1b Visa but did not work after coming to US.
Can anybody guide me regarding my current status.
My H1 was approved in 2007 quota and i entered US in march 2008..but was not successful in getting a job and my employer is not running any payroll..
can anybody help me with this??

thankyou

Dont stay here .. People like you causing problem for people who work hard. If you cannot find job.. why the hell you stay here. You should pack bag.. If you are rich enough to spend money while not working in USA come on B1 visa and stay for 180 days in 5 star hotel.

Go back...

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go_guy123

09-13 02:33 PM

Excerpt from the IV Home Page:

"It is discriminatory to have laws that subject immigrants from 4 nations to more backlogs and the resulting hardship from such backlogs.

We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth."

Based on abvove, my question is - can we take Legal route i.e move to courts ? or Immigration agencies are protected ?

You can always fight....so long u have cash to burn.

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Radhika

07-01 08:22 PM

Mostly of the people just think its just giving the annonymous name,phone numbers and getting the benefit of the decision .Please read these point and understand carefully before jumping.

Please be aware, though, that USCIS is likely to examine plaintiffs� adjustment of status applications more closely than it otherwise might. It may ask the plaintiffs questions and ask for additional information about their adjustment applications or immigration status. See below regarding �discovery.�

http://www.murthy.com/current485/VisaBulletinFAQ6-29-07.pdf

Let them ask questions and many as RFEs. why to worry we are here as legal Immigrants. I am ready to take the pain which is far better. and it si best way to make them realize.

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lord_labaku

10-08 01:33 AM

Worry about it after the fact.

Technically you can maintain both PR...esp. if you live & commute in one of the border cities like Vancouver, Windsor. But at one point, you may have to decide which citizenship you want.

To maintain future growth, Canada has to rely heavily on immigration - thats one of the reason, its easy to get Canadian PR.

Depending on your priorities, it may be worthwhile to continue maintaining Canadian PR after you get US GC. (for e.g Canada allows sponsor of immediate relatives as a PR while you have to wait for US citizenship of the same. Also getting Canadian citizenship takes 3 years as opposed to 5 in the US)

that being said, the Canadian economy lives in the shadow of US & finding jobs I have heard is difficult in Canada.

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Legal_In_A_Limbo

04-28 10:07 AM

have you talked to a lawyer. If i am not wrong you have also used AC-21. Do you think revocation/withdrawal of the H-1B, will affect 485 in any way.

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perm

07-23 12:38 PM

J. BARRRET - Jul 2nd at 10:25 AM

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kirupa

02-13 04:10 AM

Real soon : http://www.kirupa.com/forum/showthread.php?t=319830 :)

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gauravsh

03-28 12:26 PM

If you worked in CA you need to file the same state. You dont have to file the tax for the state where your employer resides.

Thanks, but will there be any charges against me for not filing the taxes before.
WIll it effect my immigration status.

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walking_dude

08-03 09:12 AM

If Priority date is 'Current', you can't apply for H1 extension!

I know someone whose H1 is expiring soon. He wasn't able to apply for H1extension till July 31st as PD was current. He is applying in August in Premium.

What happens if someones PD remains current ( say someone in 2000 stuck in FBI namecheck) and GC is stuck! Is it EAD all the way to the end thereafter?

What do you mean by infinite? Only till your PD gets current. After that 1 year extensions.

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gcgreen

07-22 02:31 AM

Quoting the AC21 memo:
"Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."

So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?


there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.

http://www.immigration.com/newsletter1/amendac21.pdf

Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.

I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.

I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.

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lotus26

09-01 02:28 PM

I received email from USCIS this morning for my wife I-485 i.e Card Ordered for Production. I am the Primary applicant, but i am still waiting for my turn. My PD is Sep 2004 & EB2.

We booked our tickets to India before we received this email. I am travelling in 3rd week of Sep. We both have new AP's. So is i have to wait here in USA to receive the Card or can i proceed with my actual plan?. Can anybody share their expertise?.

I really for your help in Advance.


Thanks,
Lotus

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chanduv23

09-23 08:15 PM

desinj a magazine circulated in NJ has featured IV. I will scan it and upload it

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pappu

05-11 01:28 PM

some german lady speaking about getting citizenship.

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highertruth

07-30 03:55 PM

YouTube - Aaja Tujhko Pukare Mera Pyar-Neel Kamal (http://www.youtube.com/watch?v=js368A-d7Hs)

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WeShallOvercome

12-26 12:49 PM

I suppose you are living in USA.

On the second option "non-resident alien", if you are residing in USA, then you are not considered as non-resident. So I would eliminate this option.

On the first option "non-permanent resident alien", if you are residing in USA, I would choose this as the right option. Since holding an H1B means that you are a temporary (non-permanent) resident alien. Holding an EAD does not allow you to stay here permanently. It is only a temporary authorization to allow you to work without H1B. Remember that it requires renewal every year.

To answer your question, you are a non-permanent resident alien.

Venram,

I'm afraid your understanding of the term 'resident' or 'non-resident' is not correct.

In US immigration jargon, a resident-alien is someone who lives and works in US on a permanent basis- like on a Green card.
The term non-resident here does not mean that you are not residing in the US. It only means that you are an alien, living and/or working in the US on a temporary basis, and you are not a (Permanent) resident.

Resident alien - An alien living here on a permanent basis
NonResident Alien - An alien living here on a temporary basis

I've never heard of the term 'non-permanent Resident alien'.. I think it is same as non-resident alien..

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skynet2500

06-22 06:18 PM

IS it possible to send to TSC even though 140 is approved in NSC. Looks like 80 percent of applications go to TSC. Can we even choose where we can send?

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njboy

05-30 06:49 PM

the reason she was denied is because she is young

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gceverywhere

06-10 12:53 PM

Ok..So now that I have your attention, I can say how I feel about our top priority right now.

Most IV members can see the current action item about calling 6 representatives on the home page at the top. If you are someone who has already made the phone calls then you have my respect and admiration.

For the rest of you, here is the link
http://immigrationvoice.org/forum/showthread.php?t=19387

I think a lot of people come to IV to find a pleasant surprise waiting for them but close it when they don't see any good news. They also browse around a bit to see what others are talking about and also get in discussions/arguments when they have some time. But not a lot of people actually spend time to read action items and follow what the core team is asking them to do. I'm not sure what the reasons are. May be people are afraid that calling someone in Washington will get them on some list. May be they don't like to be told what to do. May be this may be that.. I don't know.

But if you are someone who hasn't joined IV in any of its various efforts to bring attention to our issues then I'm not sure if you do anything good for yourselves. I'm not saying that I have participated in every single campaign. But I have tried my best to do something. When will you do something for yourselves? Do you realize that if you don't act now, it will be TOO late to act? Do you realize IV is all of us? If we don't act, IV remains ineffective. So Act now or wait forever. It only takes 10 minutes to call all the numbers and they don't even ask for your name in most cases.

I just checked the tracker and only saw 41 people who have called all the numbers. I don't get it. What is wrong with the rest of you?

I also want to say that you owe it to IV after everything IV has done for you. (e.g Rally +Funding drive+many many campaigns).

IV has united us. Now lets show the strength of our unity.


Disclaimer: I'm not a core team member. I'm neither a state chapter leader nor one of the truely active IV members. I'm just an ordinary person like most of you but I think I finally GET IT. Nothing will happen unless I do my part. Now how about clicking that link above and making a few phone calls. Trust me, you will feel good about yourself after you do it. And please update the poll after you have completed your calls.

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vandanaverdia

09-10 12:44 PM

Calling all WASHINGTONIANS!!! Rise & shine....

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siva008

02-24 03:04 PM

I have a Master's program in US and had 3 years previous work ex. Filed my H1B transfer on Sep, which was recently converted to premium processing. Got the RFE as listed below:


If it is your contention that the beneficialry is qualified to perform services in the specialty occupation yu have described through a combination of education, specialised training and/or work experience in areas related to the specialty . you must submit an evaluation from an official who has the authority to grant college-level credit for training and/or experience in the speciality at an accredited college or univeristy, which has a program for granting such credit based on an individual's training and/or work experience.

With the evaluation, the official must include a letter from the dean or provost of the official's affiliated education instutions, stating that the evaluating offical has the authoriity to grant college-level credit for training and/or experience. The dean or provost must also state in the letter whether the affiliated educational instutiion has a program for granting credit based on a indicidual's training and/or work experience, If the evealuator bases the evaluation partly or completely on the beneficiary's work experience. the evaluation must vlearly demonstate that:

) The beneficiary''s training and/or work experience included the theoretical and practical application of specialized knowledge required by the specialty;

2) The claimed experience was gained while working with peers, supervisors, and/or subordinates who have a degree or equivalent in the specialty

3) The beneficiary has recognition of expertise in the specialty evidenced by at least one type of documentation

A) Recognition of expertise in the specialty occupation by at least two recognized authorities in the same specialty occupation;

B) Membership in a recognized foreign or United States association or society in the specialty
occupation;

C) Published material by or about the alien in professional publications, trade journals, or major newspapers;

D) licensure or registration to practice the specialty occupation in a foreign country; or Achievements



if any one has similar problem please share

Thanks
Hi NoUserName,

here more details:

Bachelors in Civil
Masters in Civil
And having 3+ years experience as computer systems analyst

My lawyer is saying just educational evaluation is fine but after I read the query they are looking for more.

I really confused how to answer this query, if you have any ideal please help me

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santb1975

10-02 01:40 PM

I thought we will have lot more responses with all the dedicated volunteers we have in So.Cal

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zofa30

09-13 02:40 PM

Hi pd052009,
Thank you for your help. I am just confused about one issue. I thought by porting my PD from and old EB2+ perm case to a new EB2+perm will save me time in waiting for the PD. Now you mentioned that if I port my PD from an old EB2 to a new EB2 (same category), I will not save any time. Please clarify.
Thanks.

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gjoe

01-04 11:47 AM

NY DL will have your last date of legal residence (H1B expiry or I94 expiry) in big red fonts saying you are "temp visitor until ddMonYYYY. BUt your license will be valid for 5 yrs if it is you are applying for first time in NY state. If it is a NY state license renewal the license will renewed for the next 8 years. The only problem the bold , big and red font saying you are a temp visitor.

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gjoe

08-02 01:47 PM

I always use USPS and all that I have mailed so far to India has reached on time.

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InTheMoment

09-10 03:38 PM

I sooo hear you ...especially the "shitty town in northern mass Lawrence"...and Infopass in that town. How did you bear this obnoxious combination man :p? If they can't give any more info why is the use of our taxes going to pay his (Infopass "IO") salary.

I guess there were no dates in the Boston office I guess... they are usually a bit more helpful.

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GC_newbee

10-29 09:03 PM

^bump

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ssbaruah@yahoo.com

06-01 01:24 PM

I have my paystub till Jan 2009 and now I am out of status. A couple of employers are ready to transfer my H1B with project, but when they came to know that I have paystub till Jan 2009 then they stay back.

I will appreciate if you urgently let me know the ways to do the transfer my H1B.

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Dhundhun

11-21 04:57 PM

While going out staple all of them together and give it it Airlines.

Airline has no problem in taking any of one (valid dates or expired dates), but the moment they see more than one, they will take all and staple it together. It is sent back for records (I am not sure where/how that is maintained and what is impact of giving in bits and pieces or loosing it, while having multiples).

But my lawyer as well as airline told me clearly to give all of the I94 together.

If you lost one (even to airlines), it may be worth informing USCIS, to avoid any inconveniences later. (Note: I am not legal expert and this is not a legal advise)

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REDS

07-20 08:28 AM

I am facing the same situation .My PD is Sep 2003 and my I 140 is pending, recently filed 485 and on top of that i am unmarried, I am scared that my 485might get approved before i get married.

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04-16 12:18 PM

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Jerrome

11-21 03:31 PM

you have mentioned that you were traveling from India to USA. So the staff took the i-94 which you NEWLY got after you landed in USA . If that is the case then it is a problem. Consult a lawyer. It is not stolen or lost.It may go to USCIS that you are going out of country.

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deafTunes123

11-13 03:01 PM

I am curious. What is WOM?
To my knowledge there is no way to expedite the AOS process.

Gurus?

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vikasw

07-17 07:10 PM

Thank you IV for your hardwork and dedication on this.

$ 50 from me.

Payee Amount Deliver By Confirmation
Number Action

Immigration Voice
Vikas wadhwani(vikasw) $ 50.00 07/24/07 6QZ0Q-0Z4V0 Edit



Pay From: MYACCESS CHECKING-6830

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NKR

06-09 01:12 PM

His PD is sep 2003 which became current in April.. so it took him just over 2 months to get final approval.

That's encouraging, thanks for the info

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insbaby

07-17 08:02 AM

Hello freinds :

I would appreciate if anyone can guide me through the situation I am in. I have been working for a company for past 4yrs. After the July bulletin was released on June 15, my employer has stopped responding to my emails, voicemails and registered mails by normal post. When I try to reach him on the telephone his voicemail message says that he is travelling and not to leave any voicemail messages but to email him and he will respond when he gets a chance. When I email him I get an out of office response. There are two other people working in the same company. I sent emails to these people and also left voicemail messages but they are also not responding.

This has put me in a very difficult situation as I dont know what is the status of my H1B application which expired recently. They were supposed to extend it. They are also not telling me the status of I140 application. My labor PD is June 2004. I would like to file the I485 application if USCIS reverses their decision.


Has anyone been throught the same or similar situation ?


This is my third employer and third GC attempt in the 11yrs I have been in this country.

Buddy, I am sorry for your situatiuon. It looks like you thought everything is employer's responsibility. They don't move even a small piece for you unless you follow up in time.

You said, your H1B expired recently (!!!!). You must have known that the H1B petition can be filed for extension 180 days before. Also, you must have read that how much time each procession center takes for this extension of H1B (min 6 months). In such case, did you ask the employer to extend the H1B in FEBRUARY? If they have applied, then they should have got an "Recepit Notice", which makes your stay VALID. If they have received something else, they should have let you know, because "IT CREATES BIG PROBLEM FOR THEM TO KEEP SOMEONE with H1B EXPIRED". So, it looks like, your petition went ok and your are now SAFE.

If you have given pressure to your employer the day before the H1B expires, (sorry to say this) it is your problem, not theirs. Their job is not looking at your expiration of H1B, it is your. This often happens in small companies, big companies usually have HRD, who takes care of this issues in time.

On I-140 approval: If I assume your company is fairly small, then you can not avoid interacting with the lawer while filing such things. (Usually there is not anyone doing this job, but you do, sending documents, confirmations to lawer). In such case, CALL THE LAWER for the status or your petition reference number to check online.

It is very uncommon a lawer is instructed by the company not to provide information, it makes the small companies life easy if you deal directly with the lawer.

So there are ways to solve the problem in time without bugging the Employer with no ears. Move fast and file your 485 before end of july !!!!! :cool:

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girishvar

08-12 06:35 PM

OCI's can work without visa. ALL PIO's are eligible for OCI.

According to my understanding, PIO is like a long term entry visa but it does not allow you to work. You would still need an employment visa.

Only OCI visa holders can work without employment visa.

You may want confirm the details on the Embassy website as they keep changing rules from time to time.

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shreekhand

10-04 11:33 PM

:p...I loved that you just gave a name....and then the choice of the name is just hilarious ! (not that it may not be a true name...but still!!!)

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mambarg

08-30 01:30 PM

I dont think you mean LUD on 485 correctly.
It has to be after ND.

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EkAurAaya

05-24 12:42 PM

http://timesofindia.indiatimes.com/articleshow/msid-2072510,prtpage-1.cms

Great immigration debate has Indians steamed up
24 May, 2007 l 2200 hrs ISTlCHIDANAND RAJGHATTA/TIMES NEWS NETWORK


WASHINGTON: The fate of tens of thousands of high-skilled Indian professionals waiting to be permanent US residents is being sidelined in an immigration debate that is heavily tilted in favor of illegal workers, according to advocates of high-tech immigration and Indian activists.

Close to 450,000 Indian professionals are caught up in the H1-B-Green Card gridlock, but the immigration bill currently being debated in Congress will exacerbate their agony instead of resolving the matter, activists
for the skilled immigrants lobby say.

Despite the support of US high-tech companies such as Microsoft and Cisco, and business-industry lobbying groups, the ongoing debate centers mainly on the 12 million mostly illegal immigrants, who, under the new proposals being mooted, will jump ahead of high-skilled Indians and qualify to become US citizens.

"What's being debated here is a pro-illegal worker, anti-skilled professional bill," says Aman Kapoor, co-founder of the advocacy group Immigration Voice(www.immigrationvoice.com)

According to Kapoor and others, some of the new rules being considered will be heartbreaking for skilled Indian professionals. Not only is there a proposal to reduce skilled worker Green Cards from 140,000 to 90,000, there is also a move that would require H1B holders to renew their visas on an annual basis.

A new merit-based points system is also loaded against skilled professionals, they say. For instance, economic contribution by the undocumented is recognized by awarding points for property ownership but not for people working legally.

Even accounting for proposed hike in skilled worker Green Card allocation to individual countries from 7 per cent to ten per cent of the total quota, it will take 45 years to clear the backlog from India at the rate of around 10,000 Green Cards a year, claims Kapoor. "What this country is saying is that it prefers cherry pickers to high skilled work force, not that I have anything against cherry pickers," he said.

Vinod Agarwal's immigration saga is a typical narrative that describes the tortured lives of the nearly half million young Indians mired in the great wrangle currently roiling the United States.

Vinod came to the 'States for his masters' degree in 1997 on an F-1 student visa and changed to an H1-B visa when he was hired by a U.S tech company in 2000. In 2001, his employer started the process to help him secure a permanent resident visa, or Green Card, the first step towards eventual US citizenship.

Thanks to a gridlock arising from complicated rules and a huge backlog, this process, now five years old, could take another two to three years. Among the big hurdles: a yearly limit of 140,000 on employment-based Green Cards for skilled workers.

To further stymie things, no more than seven per cent of Green Cards � less than 10,000 -- are allowed to be allocated to immigrants (including their spouses and children) from any one country. The per-country limitation was meant to avoid monopolization by any one country, but it puts a crimp on countries such as India, China and Russia, which send far more high skilled workers to the US than others.

Because of this mess, Vinod has had to put a hold on some of the most important decisions in his life � like marriage, or making investment commitments. And because his Green Card process is tied to his employer, he cannot make career moves and has to put a lid on his entrepreneurial ambitions and options.

So, a decade after he came to the land of opportunity, Vinod is still a guest, although the contribution of his ilk to the American economy is a matter of record.

According to a recent study, 24% of all the US patents filed from the US are by foreign nationals on temporary visas. Nearly a quarter of tech companies in Silicon Valley are started by skilled professionals who came to the US on H1-B visas.

If Vinod and his type thought the new immigration bill now being debated in the US Congress could address their plight, the were mistaken. The bill, say Immigration Voice activists, has been hijacked by advocates for restricting high-skilled immigrants and those promoting vote bank politics.

"Illegal immigrants are sucking all the air in the room," adds Vikas Chowdhury, a tech professional also caught in the Green Card imbroglio. "The message from the US Senate to legal, skill based immigrants is, 'so long suckers!"

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thomachan72

10-04 02:54 PM

I don't think so, only Green cards and citizens are taxed on world wide income.
I meant the public provident fund run by the govt. We should check with a India tax expert on that, if non residents can contribute. don;t think they should have issues. PF allowed tax deduction for residents on 10% of the income, but you could always contribute as much as you wanted and top it up.

Anybody with expertise with the public PF? That would be a great if we could use that. As you said we can take off the contribution from our gross for tax purpose and also the interest rates are very high (I believe >10%), and on top of that it is not taxable when you withdraw at retirement age. I am going to ask my CA friend in India and will post the information here. However, it sounds too good to be true:D:D

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sky7

07-26 10:09 AM

Dear all...

I need some advice here...

Here is my current status:

**LC filed: Sept 2002, EB2, RIR
**I140 EB2 is currently pending, Non-Concurrent (filed June 2006)
** On 7th yr H1B ext - expires March 2007

My questions are:

1) I am considering quiting the current employer and work for a new company. Can i still get H1B extension if the new company files a PERM immediately?

I actually asked the my lawyer the similar question, this was her response:

"There is a CIS memo that allows 7th year extensions even after LC is approved. The problem would be if your company revokes the LC after you leave the company. If they don't revoke you can use the LC and get a 7th year with the company, file your own LC thru the new company. If they revoke, and they may given the fact that they are paying for it, you could then be in trouble. The regs and memos do not cover this situation. My interpretation would be TROUBLE upon revocation"

Can I get a second/or more opinions on this?


2) When someone leaves a company in good terms, the employer doesn't normally go through the hassale to "revoke" his/her labor cert right? (good or bad assumption?). If they don't revoke my LC and I140, then the new company can transfer my H1B over and get an extension?

3)And I assume IF my I140 gets denied (or declassified to be EB3), i am still ok as long the new company has filed a PERM for me, correct?

4) Or would it be SAFER to wait for couple of months (assuming the Nebraska Center is fast!) to get my I140 approved. Then transfer my LC, I140, and H1B to the next company...and have them continue my GC process? And i read somewhere that I can keep my PD that way?


I need to know the possible risks b4 accepting another job offer. all helps are appreciated... :)


Thanks in advance for ur help

Sky

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somegchuh

10-30 05:17 PM

[Apologies for the cross-post]
Since there are lot of ppl here who have had EAD/AP for years ...
Do you know if USCIS lets you petition for renewal of EAD/AP only 4 months before expiry? Our legal assistant says that they can not apply for renewal until its 4 months to expiry. I was under the impression that we could apply six months in advance. Can someone post a USCIS link that provides a definitive answer?

Thanks

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Berkeleybee

03-31 06:00 PM

Thank you Jkays and Cpolisetti for bringing this to our attention.

I just sent Mitra an email.

best,
Berkeleybee

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hpandey

07-09 11:02 AM

In a perfect world you would return your employers 8K and he would give you your last two weeks salary.

But we all know the world is not perfect.

Imagine if instead of you benefitting from the accountant mistake were on the receiving end and you were underpaid by 8K in 2 years. Would you still say that it is the accountant's and company's problem and nothing to do with you .

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traveldoc

09-10 02:12 PM

I have a strange situation with my AP renewal:

Applied for AP renewal for both Primary and dependant on August 8th
Dependent received AP approval on Sept 2nd
Primary called USCIS to expedite process on grounds of medical emergency on Sept 2nd and Received a letter from USCIS on sept 8th - saying this - "The status of this service record is: Since the date we received your request, we have approved your case and sent an approval notice to you on 9/1/2009 to the address we have on file. If you do not receive the notice withing 30 days, then please contact our office again". But when I check the online status on USCIS.gov it says "Case received and Pending". How can the system say 2 different things?
I made Infopass appointment today and went to the office to see if they can follow up on this situation and they just said their system says case 'Approved' so wait for 30 days.

Anyone in the same situation? Any suggestions? Is there anyway I can apply for a duplicate or something? What if I just go ahead and re-apply for my AP before the 30 days...what other risks are involved other than loosing $305.

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arnet

10-26 01:51 PM

our experience:

they will mail back those.

my wife went to delhi consulate in sep 06 (i didnt go), and they took all reqd docs including our I-797s original, and when they sent stamped passport through courier, they returned all documents with passport including I-797s.

I dont think they took any document except fees receipt, ds-156/157, it was suprising to us not even the xerox copies of reqd docs like w-2's,marriage ceritificate, etc. i think, might be, they just want to verify and once they did that, they are returning it.

it took 3 days after interview date to get the stamped passport and documents through courier.

If any delay or problem in getting those documents/passport after 3-4days, contact VFS at delhi. I think you can track through SMS too.

I hope they mail it back because that's something I definitely need. I didn't know they will look at my I797. I wish I had known this before my wife went for visa stamping. There's alway a new kink, isn't it :-)

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pasupuleti

05-11 11:55 AM

Do you have the phone number?
Do we have to listen to the program to get the phone number?

Thursday afternoon at 2:00 EST, legal immigration will be the topic on NPR’s talk show “Talk of the Nation.” They’ll be looking for people to call in with their stories.

All members, please call in if you have a compelling story on how the broken legal immigration system affects your life and chokes growth, discourages new talent from coming into the country etc. etc.

Avoid bashing illegals or any other groups. Its not IV policy and should not be done.

We've wanted attention to the LEGAL variety of immigration debate and here is your chance to call in, and make your voice heard.

STAND UP AND SPEAK UP.

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govindk

10-30 11:02 PM

My EAD is pending for more than 90 days now.My received date is 27th July and Notice date is 31st Aug. I called USCIS and told that my application is pending for more than 90 days. The Level 1 officer acknowledged the fact and escalated the call to Level 2. The level 2 IO was very rude and simply deny to accept the fact that 90 days are over. She simply said that the USCIS is counting 90 days from the notice date not the received date. I told her that It is mentioned on the USCIS website that 90 days are from the received date. The IO officer scolded at me and said if I don't believe her words, then do not call USCIS.:mad:

I guess there is no point calling USCIS and checking status on EAD. I am hoping that the situation will improve and i will soon get EAD card.

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pd_recapturing

09-04 10:19 AM

Hi guys,

I would like to know if somebody has done interfiling i.e. upgrading EB category while pending AOS. I am planning to do it as soon as I receive my RN (July filer). I was looking for some more info on this from folks who have already done it. Thx

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TheHulk

09-11 10:50 AM

I was in a similar situation with EAD

I applied for EAD in November 2008, it got Approved (Card Production Ordered etc) but never rec'd the card.

I raised numerous SR's , spoke to IO' etc. (for 9 Months)
Every IO was very sympathetic but they did not know where my card was.

At last in July 2009 , I spoke to an IO and the said that she would follow it up
The next day, I rec'd an email stating that my Card was sent in November 2008 , since I did not receive it , it might have been lost in the email and If I need EAD, I need to re-apply

After this I spoke to an IO again, she said the case closed - Card lost in email - I need to re-apply.

Anyways... I did not re-apply.

In August 2009 I received my EAD card in the mail :)

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silk2fire

10-15 01:51 PM

I had only one lud after fingerprints code 3 (same Day - Thu day).
:( Does that mean my case is stuck in Name check.??????????????? :(

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ritwik_ind

11-16 03:17 AM

This is multi-week process ritwik. I wouldn't expect the public poll to go up any sooner than the 18th.

:)


great... Thanks kirupa.

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americandesi

10-15 01:51 PM

I have this basic question. How would USCIS know that he had used EAD for the second job? As far as I know, the information submitted in I-9 doesn’t go to USCIS. During the H1 extension if he submits W2’s, Paystubs and all documents from the H1 employer alone, wouldn’t it get approved? Can anyone clarify this?

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sreeanne

10-12 12:01 PM

I filed my case on July 17th to TSC. No Checks cashed yet / No receipts.:mad:

Today USCIS supposed to release bulletin. I hope TSC/NSC moves 5 more days ahead.

I have a question though : Will USCIS releases bulletin like this once both service centers dates touched Aug 17th which is the last date of submitting 485 applications due to July visa bulletin fiasco.

I even checked Oh Law firm website and they posted still 400,000 applications were waiting to be processed.

Any thoughts about this?

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