jayleno
04-25 07:11 PM
Hi,
I think you should be fine. Like everyone tells...in such case an attorney is the best person to contact. Take a second opinion also. If you need something before that to calm you down...here is what I think. You are only counted towards the cap once in 6 years. So you can get another h-1 with a new company based on this approval and you are not subject to cap this time. You need to be employed once your h-1 starts. So you have time till then.
I think you should be fine. Like everyone tells...in such case an attorney is the best person to contact. Take a second opinion also. If you need something before that to calm you down...here is what I think. You are only counted towards the cap once in 6 years. So you can get another h-1 with a new company based on this approval and you are not subject to cap this time. You need to be employed once your h-1 starts. So you have time till then.
vinabath
07-02 03:48 PM
You decided to marry a girl because your PD was current, married her and promised her you would get her an EAD in 3 months...and you did all this in 2 weeks ???
Man! You are fast!
Actually I was slow. The God(USCIS) made me fast.
Man! You are fast!
Actually I was slow. The God(USCIS) made me fast.
munshiviral
10-26 01:26 AM
Hi,
I am currently working on EAD and my Priority date is May 2007. I was wondering if I get a job in a US company which allows me to stay in india and work for them on regular employment under inter office transfer, Can i still work on EAD and be aligible for my GC?
Will there be any limit on how long can I work from out side of US, if I can?
is there any other legal formality i should fulfill in order to work for US company from out side of US and continue with my GC Process?
Any help is appriciated,
Thanks,
Mickey
I am currently working on EAD and my Priority date is May 2007. I was wondering if I get a job in a US company which allows me to stay in india and work for them on regular employment under inter office transfer, Can i still work on EAD and be aligible for my GC?
Will there be any limit on how long can I work from out side of US, if I can?
is there any other legal formality i should fulfill in order to work for US company from out side of US and continue with my GC Process?
Any help is appriciated,
Thanks,
Mickey
kanyewest
04-22 11:39 AM
You raise a number of issues for which there are no clear or certain answers. My advice would be to request the extension of H-1 status without submitting pay stubs, and in the event of an RFE, respond with evidence of your complaint about your previous employer. If your new employer needs you to start work within three weeks, premium processing would be required, and even then, if there is an RFE, the timing will be tight.
I thank you for your time in understanding this complex scenario.
The new employer is a large company with strong financials in this market, so we expect the H-1 to be approved and we expect denial of extension of stay. If both are approved, the attorney who takes up this case will get a bonus from me.
If the H-1 porting to new employer is approved, but the extension of stay is denied, can I use the unexpired H-1 visa in my passport at the POE to enter the country and obtain a new I-94 based on the new H-1 approval notice? Is this permissible under immigration law?
I thank you for your time in understanding this complex scenario.
The new employer is a large company with strong financials in this market, so we expect the H-1 to be approved and we expect denial of extension of stay. If both are approved, the attorney who takes up this case will get a bonus from me.
If the H-1 porting to new employer is approved, but the extension of stay is denied, can I use the unexpired H-1 visa in my passport at the POE to enter the country and obtain a new I-94 based on the new H-1 approval notice? Is this permissible under immigration law?
more...
jasmin45
07-31 06:11 PM
They also didn't ask me to sign form G28. Is this ok? Does this mean that receipt number will be mailed to me directly?
G28 is to help attorney represent you. Since you mentioned that your employer deal with attorney on all of their employee cases, Attorney will not ask your G28. If you are paying the fees then you have all the rights to ask the status. If your employer is paying for 485, then you should politely ask your HR about the fate of your application. Attorney's may not even respond to your request as they have no established relationship with you but your employer.
G28 is to help attorney represent you. Since you mentioned that your employer deal with attorney on all of their employee cases, Attorney will not ask your G28. If you are paying the fees then you have all the rights to ask the status. If your employer is paying for 485, then you should politely ask your HR about the fate of your application. Attorney's may not even respond to your request as they have no established relationship with you but your employer.
chanduv23
09-03 10:00 PM
Politely: I think that my time can be better spent distributing fliers. My time is limited, if I attend this I won't have much time to distribute fliers. So unless someone convinces me why this is more important I won't be attending.
The event is mainly to bolster the attendance for the Rally and also give the community an opportunity to interact with other community members to discuss mobilization plans and campaigns.
While few members are highly informed on all these things, a lot of members will have basic questions.
Distributing flyers is good, we we must continue to do that - these flyers must be distributed at strategic locations otherwise there is not much use. The locations would include highly populated skilled workers areas like Jersey and NYC where thousands of tech workers are affected by retrogression and also universities where students who graduate will face the quota issues when they look for their first job.
The event is mainly to bolster the attendance for the Rally and also give the community an opportunity to interact with other community members to discuss mobilization plans and campaigns.
While few members are highly informed on all these things, a lot of members will have basic questions.
Distributing flyers is good, we we must continue to do that - these flyers must be distributed at strategic locations otherwise there is not much use. The locations would include highly populated skilled workers areas like Jersey and NYC where thousands of tech workers are affected by retrogression and also universities where students who graduate will face the quota issues when they look for their first job.
more...
Junky
09-10 08:05 AM
You are late my friend:D, ppl have already started 3 seperate thread on this.
http://mumbai.usconsulate.gov/cut_off_dates.html
:mad:
:mad:
:mad:
http://mumbai.usconsulate.gov/cut_off_dates.html
:mad:
:mad:
:mad:
tabletpc
08-20 12:03 PM
I have been working for state government from past 3 years (approx) under a non-caped H1b with EB2 2006 labor cleared and i-140 pending and 485 filed in aug.
Considering the constraints of non-cap h1b , I asked a consultant to apply for my caped h1b in april. At that time 485 was not current and according to my estimation my PD would not have become current for 2-3 years more, so I thought of moving with a caped h1b to private firm. You all know what happened in july regarding 485.
Recently my caped H1b got approved. Since I have already filed for 485, I have decided to be with present firm for 6 months then think of changing using the new caped h1b and AC21 to private firm through consultant.
But I have heard that when one works for consultant, its easy not to get paid for certain months during project transition or while looking for project. With the result�.its affects the H1b status. Now that my immigration status is clean, is it worth moving to consultant and risk my clean status�??? Is working for consultant a big compromise against immigration status�??? Also i need to look for a job identical to my labour. I� m basically into web and database application in sql server 2005 , asp.net with ajax. What�s the market for these skill looks like�????
Any words of wisdom�.
Considering the constraints of non-cap h1b , I asked a consultant to apply for my caped h1b in april. At that time 485 was not current and according to my estimation my PD would not have become current for 2-3 years more, so I thought of moving with a caped h1b to private firm. You all know what happened in july regarding 485.
Recently my caped H1b got approved. Since I have already filed for 485, I have decided to be with present firm for 6 months then think of changing using the new caped h1b and AC21 to private firm through consultant.
But I have heard that when one works for consultant, its easy not to get paid for certain months during project transition or while looking for project. With the result�.its affects the H1b status. Now that my immigration status is clean, is it worth moving to consultant and risk my clean status�??? Is working for consultant a big compromise against immigration status�??? Also i need to look for a job identical to my labour. I� m basically into web and database application in sql server 2005 , asp.net with ajax. What�s the market for these skill looks like�????
Any words of wisdom�.
more...
PD_Dec2002
06-24 10:58 AM
Thanks janilsal.
We got married in a temple and returned the license to the County Clerk's office.
We can't mention martial status as married due to family reasons.
We are fine applying with martial status as single independently since both of our PD is current now.
Will they find this discrepancy martial status during background check? I'm unsure whether these will appear in the background check in the first place.
Please advice.
Thank you!
I recommend talking to a lawyer. Remember, that you (and your partner) are certifying and signing all forms. So, if you are legally married, it would be perjury to leave the "spouse" field as blank.
Thanks,
Jayant
We got married in a temple and returned the license to the County Clerk's office.
We can't mention martial status as married due to family reasons.
We are fine applying with martial status as single independently since both of our PD is current now.
Will they find this discrepancy martial status during background check? I'm unsure whether these will appear in the background check in the first place.
Please advice.
Thank you!
I recommend talking to a lawyer. Remember, that you (and your partner) are certifying and signing all forms. So, if you are legally married, it would be perjury to leave the "spouse" field as blank.
Thanks,
Jayant
HOPE_GC_SOON
07-19 04:35 PM
Thanks Meridiani.
Is TSC doing Pre-adjudication Now a days ? Any Clue Gurus.. Otherwise, we have only 50% Chances.
Let's keep fingers crossed..
Thanks,
preadjudication is where USCIS processes your case even when visa numbers are not going to be available: meaning ur PD is not current, they know even if all is well they wont be able to approve, but still they go over everything, issue an RFE is something is not ok etc. If all is well, the case goes into a pre-adjudicated stack, and once visa numbers are available, they simply pick up a file from that stack, assign it a visa and mark it approved. This is how lots of people got approvals last year in july VB.
pre-adjudication has three advantages compared to starting to process only when teh PD is current:
- If they wait for PD to be current to pick up a file and start looking at it, there is no way they can process so many cases when the PD does go current, or when dates move significantly towards the end of the year. This is how they processed nearly 60k cases in 2 months last year.
- if PD is current for a short period (1month or 2) and thats when they pick up your case, if you get a NOID you could end up missing the window by the time you respond and they pick up your response.
- its helpful for them because they can weed out cases that are not going to be approved, earlier and they dont end up giving interim benefits to those people.
ur status does not change when your case is pre-adjudicated.
Is TSC doing Pre-adjudication Now a days ? Any Clue Gurus.. Otherwise, we have only 50% Chances.
Let's keep fingers crossed..
Thanks,
preadjudication is where USCIS processes your case even when visa numbers are not going to be available: meaning ur PD is not current, they know even if all is well they wont be able to approve, but still they go over everything, issue an RFE is something is not ok etc. If all is well, the case goes into a pre-adjudicated stack, and once visa numbers are available, they simply pick up a file from that stack, assign it a visa and mark it approved. This is how lots of people got approvals last year in july VB.
pre-adjudication has three advantages compared to starting to process only when teh PD is current:
- If they wait for PD to be current to pick up a file and start looking at it, there is no way they can process so many cases when the PD does go current, or when dates move significantly towards the end of the year. This is how they processed nearly 60k cases in 2 months last year.
- if PD is current for a short period (1month or 2) and thats when they pick up your case, if you get a NOID you could end up missing the window by the time you respond and they pick up your response.
- its helpful for them because they can weed out cases that are not going to be approved, earlier and they dont end up giving interim benefits to those people.
ur status does not change when your case is pre-adjudicated.
more...
Mount Soche
11-27 09:19 AM
hi, i sent you a private message..
good luck
Hello,
My I485 was filed at TX center. However it was transferred to VSC for data entry and they generated the receipt number.
Receipt date = 03-Aug-2007
Notice Date = 12-Oct-2007
On 20-Oct, VSC then transferred the case back to TSC and generated a transfer notice with date of 20-Oct-2007
For the AC21/180 day I always thought that the counting would start in my case from 03-Aug. However my company lawyer says that it will start from 20-Oct and I am at a complete loss on this..
Is it really true.
This is really urgent since I stand to lose out big time on an excellent job offer.
What are my options here - Is there any documentation that I can show to him that I am correct (If I am).
Thanks.
good luck
Hello,
My I485 was filed at TX center. However it was transferred to VSC for data entry and they generated the receipt number.
Receipt date = 03-Aug-2007
Notice Date = 12-Oct-2007
On 20-Oct, VSC then transferred the case back to TSC and generated a transfer notice with date of 20-Oct-2007
For the AC21/180 day I always thought that the counting would start in my case from 03-Aug. However my company lawyer says that it will start from 20-Oct and I am at a complete loss on this..
Is it really true.
This is really urgent since I stand to lose out big time on an excellent job offer.
What are my options here - Is there any documentation that I can show to him that I am correct (If I am).
Thanks.
bbenhill
12-02 08:33 PM
Your stay status will be Parolee but your work status will be H1 so YES, you will be fine even if you used AP for re-entry.
PS : I am not a lawyer but I entered using AP and have H1 as my working permit.
Even if I used AP for re-entry to US?
PS : I am not a lawyer but I entered using AP and have H1 as my working permit.
Even if I used AP for re-entry to US?
more...
xlr8r
09-28 10:48 AM
Yes. You can file another FOIA to get the I-140 approval notice.
You want to specify that you're looking for a copy of I-797 of the I-140 approval for receipt number LINXXXXXXXXXX. That should get you the approval notice.
A friend filed the FOIA with this verbiage and it worked for him. Of-course, he had to reference his Alien number etc... in the G-639 form.
I hope this helps.
I can see Approval stamp and date on my I-140 application. I just dont see I-140 approval notice(like the I-140 receipt they sent out). If I want to use AC-21 or use porting to EB-2 is my I140 application with approval stamp is good enough ??
Again my original question can I submit another FOIA just to get the I-140 approval notice???
You want to specify that you're looking for a copy of I-797 of the I-140 approval for receipt number LINXXXXXXXXXX. That should get you the approval notice.
A friend filed the FOIA with this verbiage and it worked for him. Of-course, he had to reference his Alien number etc... in the G-639 form.
I hope this helps.
I can see Approval stamp and date on my I-140 application. I just dont see I-140 approval notice(like the I-140 receipt they sent out). If I want to use AC-21 or use porting to EB-2 is my I140 application with approval stamp is good enough ??
Again my original question can I submit another FOIA just to get the I-140 approval notice???
samrat_bhargava_vihari
02-05 04:12 PM
Guys,
Don�t spread false information if you don�t know.
Possibility -- Yes
Reusing the priority date for EB2 -- you may need to file one more I -140 for EB2 and then once approved with earlier priority date then you can proceed with 485 if current.
Some people are filing I-485 if any of their PD is current and trying to convince the service center. Check in immigrationportal.com you will find more information.
-------------
I am not a lawyer use this information at your own risk.
Don�t spread false information if you don�t know.
Possibility -- Yes
Reusing the priority date for EB2 -- you may need to file one more I -140 for EB2 and then once approved with earlier priority date then you can proceed with 485 if current.
Some people are filing I-485 if any of their PD is current and trying to convince the service center. Check in immigrationportal.com you will find more information.
-------------
I am not a lawyer use this information at your own risk.
more...
nosightofgc
12-30 03:58 PM
By comparing the peaceful mind of having GC Vs going through the process $2000 is not a big money. But the irony is only people who have trust in the process are ready to contribute. For example, when I tried to convince my friends about the importance of IV and its work, I failed to push them to contribute. There are many people who worry about smaller issues like not getting AP/EAD etc, but they are missing the bigger picture. One thing we failed to prove is the fruits of lobbying. I know it is hard to prove it right away and takes some time to see the fruits of our efforts, but when we reach that stage we will have more people who will be comfortable with that stage and do not come forward to contribute. That's the irony. People know there is no such thing called free lunch, but they want it.
I am not discouraging the idea. Even though we would like to make ebery one contribute, in the interim this idea will provide IV enough money. But we need to make a strong case to get thoese few people who can come forward.
I am not discouraging the idea. Even though we would like to make ebery one contribute, in the interim this idea will provide IV enough money. But we need to make a strong case to get thoese few people who can come forward.
shivarajan
04-30 01:57 AM
I just applied for my little one yesterday.
fingers crossed!
Can't believe getting usa passport for my little one required two page application and just the birthcert, But for PIO they need everything in the world!
fingers crossed!
Can't believe getting usa passport for my little one required two page application and just the birthcert, But for PIO they need everything in the world!
more...
krishmunn
04-25 04:22 PM
I have had a bad experience working with ICICI Lombard insurance. Issues i had with ICICI
1) They do not have any rates negotiated with US hospitals. I have seen when your insurance does not have a negotiated rate, an emergency room can cost upto $5000 vs a negotiated rate of $1000 (based on real experience). But there is a cap on how much ICICI will pay for each kind of service which means my out of pocket would have been quite a bit.
.
Was this a recent experience ? ICICI claims to have a network through United Health Care; not sure if it is true .
As for US v/s India, none of the US insurance companies selling these travel health insurance are licensed and regulated by US authorities. Most , if not all, of these are underwritten by carriers at Lloyds of London.
I would say there is not a single travel insurance company (US or India) which provides good service.
1) They do not have any rates negotiated with US hospitals. I have seen when your insurance does not have a negotiated rate, an emergency room can cost upto $5000 vs a negotiated rate of $1000 (based on real experience). But there is a cap on how much ICICI will pay for each kind of service which means my out of pocket would have been quite a bit.
.
Was this a recent experience ? ICICI claims to have a network through United Health Care; not sure if it is true .
As for US v/s India, none of the US insurance companies selling these travel health insurance are licensed and regulated by US authorities. Most , if not all, of these are underwritten by carriers at Lloyds of London.
I would say there is not a single travel insurance company (US or India) which provides good service.
srikondoji
07-27 02:20 PM
The receipts will be generated not by Priority Date but by Physically received date. This was obvious right from beginning, but some questions were raised on this forum.
up_guy
08-27 04:09 PM
What was the cause for H1B rejection??
My H-1 B was not rejected, just application got returned back to the lawyer because some form was missing in it. They had refiled it back.
I donot know any other details, as lawyer did not share it with me..
My H-1 B was not rejected, just application got returned back to the lawyer because some form was missing in it. They had refiled it back.
I donot know any other details, as lawyer did not share it with me..
siravi
08-20 06:15 AM
Unless, people realize that it is in their interest to spread this grass root effort it is all futile. Do you guys really think that distributing fliers by four guys at the parade is going to make a difference.
Though I really commend what these guys did and they were truly heroes but if I were them, then based on the turn out (only 4 people) I would have decided to go back.
After all, these were not doing only for themselves but for every one else too.
What a pitty! :mad:
Glad you did not turn back!
Thank you for plugging on and setting a great example! Great job, Sanjeev, Raj, Murali and Kumar, Thank You !!
Though I really commend what these guys did and they were truly heroes but if I were them, then based on the turn out (only 4 people) I would have decided to go back.
After all, these were not doing only for themselves but for every one else too.
What a pitty! :mad:
Glad you did not turn back!
Thank you for plugging on and setting a great example! Great job, Sanjeev, Raj, Murali and Kumar, Thank You !!
singhsa3
09-15 11:56 AM
Thats the whole Idea!
There is one more thread driving a similar initiative.
http://immigrationvoice.org/forum/showthread.php?t=21493
Why not get all of these threads and people together working on one target.
There is one more thread driving a similar initiative.
http://immigrationvoice.org/forum/showthread.php?t=21493
Why not get all of these threads and people together working on one target.
