الخميس، 30 يونيو، 2011

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  • ameryki
    07-22 01:17 PM
    I believe she can continue to work if she files H1 extension and has a receipt notice. But if you are pursueing the EAD angle you will need an EAD card in hand physically to go that route. In a way its good that your employer is supporting the EAD efforts but that also takes longer because of documents and information exchanges with the attorney etc. Hope this helps




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  • suavesandeep
    11-14 10:57 AM
    485 has nothing to do with company. Only I-140 is company dependent. So only reason why 485 will be denied based on company is when the underlying I-140 gets denied i.e. Company revokes 1-140 or USCIS finds something wrong with your company which filed the I-140 before AC21 kicks in. In a separate thread there is action item for USCIS denying I-140 and ignoring AC21 which you may want to participate in if you haven't already. Assuming your I-140 is always valid than Your 485 can be denied only because of you i.e. you were out of status, have a criminal record etc.




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  • ranand00
    07-13 02:20 PM
    Hi

    Company "a" applied for my h1b on 7th april 2009. They got an RFE in june and informed us yesterday of the same after lots of phone calls.I am not interested in working with them anymore (because of their lack of communication and bad feedback from other employees)
    Meanwhile company "b" is ready to file a new h1.Can they do that.
    Do i have to tell company "b" that i filed with company "a" initially but they got an rfe .
    what is the correct way to file new h1
    Thanks

    anand




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  • sundar99
    05-01 03:48 PM
    Folks,

    CNN - and Media Coverage of Immigration

    Wanted to suggest..today they are showing a wide variety of perspectives on Immigration problem. I have seen in the recent past on one such programs they invite people to call and express their views.

    Perhaps it is time for folks to dial the 1-800 number and speak up on the retrogession issues, backlog inefficencies, eb2, eb3 being stuck for china, india, inabitliy of spouses to work and request for lengthier h1 extensions, asking for GC for those who are here for more than 5 years etc...

    The views will be aired in public and I am pretty sure all the politicians will be watching with interest, they will also hear the difference bet Legals and Illegals and also the problems faced by legal immigrants - First Hand.

    Perhaps it may be a worthwhile idea to discuss what to talk !



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  • HV000
    03-06 04:20 PM
    As far as I know, since you are past 180 days of 485 filing, you are ok. You can stay in the country based on your pending 485 application. You can take whatever time it takes for you to get a job in your same/similar job classification. However, if your 485 is close to approval, then you need to hurry to find the job, since a job offer is required at the time of adjudication of 485. This will depend on your country of chargeability and PD. If you are from India/china/philippines/mexico with a later PD, you should be ok as long as you find a job in the same or similar classification.

    Others can correct me if I am wrong.

    What impact does this have on H1B holders who are ALSO AOS applicants? How much GAP can they have while on H1B?




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  • nagu
    02-26 02:41 PM
    Today, My H1B transfer got denied and waiting for denial notice. Employer is planning to appeal on denial case. (I am assuming that "Denial could be becasue of client letter was not furnished)

    My Layer: Employer->Company A-> Primary Vendor -> Client

    My I-94 is valid Nov-09-2009 based on previous employer petition. Previous employer notified USCIS on H1B termination.

    On this, What would be best option.

    1. File a new H1B case thru current employer (while is waiting for appeal result, as a back up plan)?

    2. can I continue work for current employer since my I-94 is valid till 11/09/2009 and filling MTR?

    3. Apply for H1B transfer thru primary vendor's sister concern?



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  • singhsa3
    10-16 04:12 PM
    Welcome to the world of USCIS!
    What a crazy system..
    Hi Guys,

    On July 2nd I have applied for my wife (EAD, AP, I485) and have waited for 3 months (October 1st) to hear that USCIS has rejected her application due to wrong fees (But we have sent them the correct fees)
    My Lawyer immediately sent back the application to USCIS saying that the Check we have sent is correct and it is before increasing the fees and we haven’t done any mistake.

    In the meantime on July 16th I got my 485 approved and got my GC. So now we were worried as my wife is already out of status and don’t know how long it will take now to get her receipts and how long she can stay.

    I have tried calling USCIS – Every time same answer -- you have to wait, you have to wait No records in the Database. Yesterday when I called, a Lady answered the phone and she said we need to wait 90 more days again as it is like a new Submission and it was a shock for me after hearing that.

    Can any body suggest me what to do in this kind of situation? Is there any body in the same situation?

    Thanks
    skb




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  • smisachu
    08-22 04:09 PM
    [URL="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1008366"]

    Here is the link. Its 194 pages so lets read it and assimilate it. We might be able to use some key points.



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  • gapala
    06-03 08:31 PM
    http://adoption.state.gov/country/india.html

    .

    This is going to help many.. thanks




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  • sab
    11-01 06:25 PM
    I have filed for I-485. I am also extending my H1B. I have an approved I-140. Can I extend for 3 years? Or is it just 1 year assuming my 6 years are completed.



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  • bugmenot
    11-17 01:39 PM
    I dont think there is one (at least legally). However, even if revoked, you may apply for new H1 (without quota bar, if you are within 6 years). The IO may or may not give you a new I94, so you may have to exit the country to get a new visa/I94.

    uh? no time period to transfer h1b?? does anyone have a clarification on this point?

    i heard it was between 10 days to 2 weeks???
    anyone??




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  • skilledWorker
    08-18 01:09 AM
    You are on AOS PENDING status. Since u've a valid H1 stamped in ur passport, you are free to roam in-and-out of the country without any issues.

    Your H-1 will be invalid until your 485 is approved or you use EAD to work or AP to re-enter US.



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  • Abacus101
    05-12 01:30 PM
    Thanks for the input. Do you have any publications or IRS findings that you could direct me to that could be used to substantiate the argument that the benefit is non- taxable? I have not been able to find anything that says that the green card is non-taxable.




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  • vdlrao
    10-24 01:41 PM
    Hi !
    My husband just had his performance appraisal today. He is presently working as a Senior Consultant.What we are wondering is that if there is any change in the designation, will it affect the GC process in any way ?

    We got our I-140 last month and EAD two weeks back.
    Kindly advice us on this.

    Thanks
    Vinki :)

    Until its the same kind of work, it wont effect the GC process. Your employer could send an ammendment saying that theres an appraisal.





    P.S: I am not a lawyer. I said just based on my knowledge.



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  • amitkhare77
    03-03 08:53 PM
    wow - you look really scared. I dont see anything wrong sending them an email. as long as you write correct passport number, VFS receipt number, you should be good. you not doing any crime by asking. they wont care if it is written in english or local language just because your mom can't speak english.
    again - I see nothing wrong calling them/sending an email. after all it's your monthr's passport. as per rule they should get back to you in specified time.

    The above is my personal opinion, make your own judgement.




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  • yagw
    12-07 07:35 AM
    Hello,
    I've been working on EAD for about 4 years now as priority dates are backed up a lot. My I-140 has been approved in 2007 and still waiting on I-485 to get approved. My current employer is not my original sponsor. I changed jobs after the "180 days post I-485 receipt" policy. Now, I'm interested to accept an offer (similar job) in another state. How will this affect my I-485 if I'm changing employers for the 3rd time and this time, at another state?

    Thank you very much.

    In EAD, there is no restriction on the number of times you can change the job and also in what state you are employed (could be different from the one your labor was filed), provided the new job is in same or similar category.

    In your case (moving to a difrerent state), chance of getting RFE for EVL is high. So make sure that the new employer can provide a EVL stating that the new job is in the same or similar category as your old one (for which the labor got approved).

    Other than that, you should be fine...

    BTW, dont forget to file AR-11 within 10 days of your change of address.



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  • kaushalrupani
    07-12 09:40 PM
    Hi,

    Here is my story, your help & information will be appreciated...

    1. I am currently working for Company A on L1B.
    2. I applied for my H1B through company B while I was in US, which got approved and is valid from Oct 2007.
    3. Now, my Company B which filed for my H1B had also applied for a Change of Status with the H1 & I have got my Change of Status notice along with the H1b approval. This means that my status will change to H1 from October and my L1B will not be valid.

    Now, my problem is that I do not want to Join the New company until December.
    However, can I still work with my company A on L1B even if after October.

    Is there any Solution where we can reverse the change of Status?? and will i still be able to work on L1B after October even if my status is H1B. Will my L1B be valid or it will get cancelled???




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  • prav27
    01-20 09:45 PM
    I asked my company attoreny about this.. he said that immigration petition is I-140 and as I-140 is not filed for your wife (I-485 is already filed for my wife) so I should say No there for my wife's form.

    You are right , I just got the same information from my employer and the attorney that I-140 is the visa petition and not the I-485.So for H4 dependents the answer should be "NO"




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  • anyluck?
    09-09 08:16 PM
    Hi

    I have a question regarding my spouse who is on H4 visa.One of the company did H1b processing through "CONSULAR PROCESSING". Her H1B is approved now.

    1) She is ready to work from Oct 1st as she got some project.Her employer said that they have to apply for amendment(COS) to get I94.Is this right?

    2) How many weeks will it take under premium processing to get new I94

    3) Do they have to apply only after Oct 1.

    4) Are there any chances of getting rejected at this stage.

    Can any one please suggest.

    Thanks




    sprash
    06-01 06:41 PM
    I'm curious if anyone has got multiple RFEs on their I-485 application. I had an EVL RFE last year and wonder about the chances they'll give that (or any other) RFEs again in future.

    Any personal experiences?

    By multiple RFE I don't mean many questions in 1 RFE letter. I mean USCIS sends you 1 RFE, receives reply and resumes the case and then at a later point in time sends another RFE on the same application.




    JazzByTheBay
    09-11 10:39 PM
    http://morejazzbythebay.files.wordpress.com/2007/09/sanjoserallybnr4-2.jpg

    SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
    (San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at http://morejazzbythebay.wordpress.com (http://morejazzbythebay.wordpress.com/))

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    cheers, and see ya'll in DC!
    jazz



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